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HomeMy WebLinkAbout05-02 Red Bud Run (McTiernan Property) - Stonewall - Backfile (2)CASH To II / 1 • RECEIPT `- mom ACCOUNT HON PAID • ,; ,� , • ' + + I 2 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit _ Deed Plat/Survey Taxes Paid Statement Impact Model Run DATE Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 8'/2" x I I " black and white location map ordered from Mapping 1File given to office manager to update Application Action Summary ,�' Z- �" PC public hearing date ACTION: �osL�— P g: sew /0-?-OZ f BOS public hearing date ACTION: r Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) -0,7 Action letter mailed to applicant Reference manual and D-base updated rsa--, / Q • / %• Q,Z File given to office manager to update Application Action Summary (final action) �/p -/f -ozl— 4k) File given to Mapping/GIS to update zoning map //) - /,l tiv `A Zoning map amended U CuohCommonwukmgru Revised 05/09.•02 if t::.�;�-� f: ,1 COUT'4 Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 15, 2002 Gilbert W. Clifford & Assoc., Inc. AtU1: Charles Maddox, Jr. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING 905-02 FOR RED BUD RUN Dear Mr. Maddox: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 9, 2002. The above -reference application was approved to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if yOL1 have an)' gL1CStioris regardln`g, the approval of this rezoning application. Sincely, E1nc AICP D?rector ERL\cih cc: Mr. Patrick A. McTiernan -Y ynda J. Tyler, Stonewall District Supervisor *,lolln I -I. Liglit, Stonewall District Planning COnlI111ssionCr lanc Anderson, Real Estate elll: *Charles S. Del -lavers Jr., Stonewall District Planning Conlllll5SlOilcr ( ` - without proflcrs) 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING APPLICATION #05-02 RED BUD RUN Staff Report for the Board of Supervisors Prepared: October 1, 2002 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. Reviewed Action Planning Commission: 06/05/02 Recommended for Approval * Returned to PC; public hearing sign not posted properly 07/01/02 Recommended for Approval Board of Supervisors: 10/09/02 Pending PROPOSAL: To rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. LOCATION: This property is located directly between Red Bud Road and Route 7. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-105, 106 and 107 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant, undeveloped and single-family dwelling ADJOINING PROPERTY ZONING & PRESENT USE: North South East: West: Zoned RA (Rural Areas) District Zoned RA (Rural Areas) District Zoned MHl (Mobile Home Community) Zoned B 1 (Neighborhood Business) Zoned RA (Rural Areas) District Zoned RA (Rural Areas) District Use: Residential, Church, and Vacant Use: Residential Use: Residential Use: Business Use: Residential Use: Residential and Public Schools REZ #05-02, Red Bud Run Page 2 October 1, 2002 PROPOSED USE: 300 single-family residential dwellings. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached e-mails from Steve Melnikoff dated 10123101 and 03108102. See attached letters from Steve Melnikoffdated 6110102 and 09103102 ("is satisfied that the transportation proffers offered... address our concerns"). Fire Marshal: Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "No Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire hydrants shall be set at three feet from curb and spacing shall allow coverage to within 300 feet of all single-family dwelling units. A loop in the water supply system, whether connected to the FCPS site or separate connection to Rt. 7 will greatly enhance fire suppression activities. Plan approval recommended. Greenwood Volunteer Fire & Rescue: Change to Greenwood Fire & Rescue Co. in place of all Fire & Rescue comments (o.k.'d since written). With the current capabilities of Ash Hollow Run, what will be done to prevent flow to this creek causing backup due to excessive water flows? Sanitation Authority: The conceptual plan for providing water and sewer service to the proposed property is acceptable. County Engineer: This was an outstanding application. I particularly appreciated the offer to create the environmental easement and construct BMP facilities throughout the development. The latter proffer goes above and beyond our current stormwater requirements. Parks & Recreation: This rezoning application includes a proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Frederick Co. Public Schools: Please see attached letteifi•om AlOrridoiff, Ailministr•ativeAssistant to the Superintendent, dated 2104102. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 2121102. County Attorney: Once signed by owner, proffers appear to be in proper form. REZ #05-02, Red Bud Run Page 3 October 1, 2002 PlaIlning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. 2) Location The three parcels which comprise the proposed rezoning are located on the north side of Berryville Pike (Route 7); and south of Red Bud Road (Route 661). Woods Mill Road (Route 660) bisects the subject site. Berryville Pike is classified as a major arterial roadway; Woods Mill Road a minor collector roadway. The 157-acre subject site is located in an area that is rural in nature. Adjoining properties include tracts that are utilized for agricultural purposes, as well as large lot residential. The Red Bud Elementary School and the Millbrook High School property is located immediately west of the subject site. 3) Comprehensive Policy Plan The parcels are within the county's Urban Development Area (UDA), and are partially included in the Route 7 East Corridor Land Use Plan. The Route 7 East Corridor plan was initially adopted by the Board of Supervisors in 1994, and is a component of the County's Comprehensive Policy Plan. The Route 7 East Corridor plan does not address any specific future land use for the subject properties. The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The subject properties were bisected by the Urban Development Area (UDA) prior to December 2001. At the Board of Supervisors' meeting on December 12, 2001, the Board approved a request to include the subject properties, in their entirety, within the UDA. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as steep slopes, woodlands, and floodplain. The steep slopes are generally located on the northern and southern extremes of the subject site. The floodplain area is located along Red Bud Run which travels through the northern section of the site. The site exists within the Martinsburg shale geologic area of the County, similar to most development within the UDA. The general site development plan calls for the establishment of a conservation area to accommodate the northern portion of the site's steep slopes and floodplain. Future ownership of this conservation area is not clear. • REZ #05-02, Red Bud Run Page 4 October 1, 2002 The 157-acre site has road frontage along Berryville Pike (Route 7), Woods Mill Road (Route 660), and Morgans Mill Road (Route 661), which are all within the Virginia Department of Transportation system of roads. The Zoning Ordinance prohibits direct access for individual residential lots onto roads classified as arterial (Berryville Pike). By policy, the parcel is entitled to be served by public water and sewer. The Frederick County Sanitation Authority has indicated that adequate capacities exist to serve the development proposal for this parcel. 4) Intended Use The applicant proposes the establishment of a residential development. The submitted proffer statement offers to limit the development to no more than 300 single-family lots. (Approximately 19 dwellings per acre). 5) Potential Impacts a) Transportation Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the157 acres requested to be rezoned will produce 3,000 ADT on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation Report, 6°i Edition, Classification 210 - Single-family Detached. Current traffic counts on Berryville Pike at Woods Mill Road are 9,928 (westbound lane) and 12,243 (eastbound lane) vehicle trips per day. The applicant has provided information indicating that Woods Mill Road has a ADT of 2,340. The applicant has proposed an extensive road improvements plan to accommodate the proposed trip generation resulting from the development. This plan includes improvements to Woods Mill Road and Berryville Pike intersection, as well as the establishment of a road network internal to the proposed development as a way to link Woods Mill Road with the school property to the west. The Impact Analysis Statement refers to the applicant's Proffer Statement to indicate what improvements will occur with the development. Review Agencv Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's transportation improvement plan. The VDOT comment dated October 23, 2001 acknowledges the applicant's concept plan for road improvements. The VDOT comment dated March 8, 2002 acknowledges the revised proffer statement and suggests minor clarifications to the proffer statement. In a letter dated June 10, 2002, VDOT provides comments on the Traffic Impact Analysis. Specifically, VDOT suggests that private entrances be prohibited on Morgans Mill and Woods Mill REZ #05-02, Red Bud Run Page 5 October 1, 2002 Roads, as well as requests the applicant to enter into a signalization agreement for the intersection of Woods Mill Road and the proposed minor collector roadway. VDOT also expressed some concern regarding the responsibility for the improvements that the applicant has suggested for Woods Mill Road. In a letter dated September 3, 2002, VDOT indicates satisfaction with the transportation proffers offered, and with the June 26, 2002 Traffic Impact Analysis. Planning Staff Comment The Traffic Impact Analysis dated May 1, 2002 provides an accurate depiction of the current traffic information for the impacted roadways immediately southwest of the site. The study also provides the current and projected Level of Service (LOS) information for the impacted roadways. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual weekday traffic (AAWDT) counts for Berryville Pike from the City of Winchester line to the Clarke County line was 24,000 trips. The applicant has estimated that the build -out of this acreage would generate 3,000 ADT, and approximately 89 percent of these vehicles would use Berryville Pike. Therefore, it appears the rezoning request would add 2,670 trips to Berryville Pike; an increase of approximately 11 percent. Based on information provided in the Traffic Impact Analysis, Woods Mill Road has a ADT of 2,340. The applicant further indicates that 70 percent of the traffic generated from the development would access Woods Mill Road, one percent traveling north, and 69 percent traveling south. Utilizing these assumptions, the proposed development would introduce 2,100 vehicles per day onto Woods Mill Road. This projection almost doubles the traffic on Woods Mill Road, although it is fair to assume that most of the traffic would travel south on Woods Mill Road, in the areas which the applicant has proffered road improvements. The applicant, through the proffer statement, has proffered to provide road improvements to Woods Mill Road and Berryville Pike, construct a new east -west collector road on the site. b) Historic Resources: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would preserve a portion of the site of historic Woods Mill and Mill Race. The analysis further acknowledges that the National Park Service (NPS) has designated a portion of the subject site as a core battlefield. To mitigate impacts on the effects of historical interpretation of the battles, an open space plan has been prepared. This open space plan will provide an environmental and historical preservation corridor along Red Bud Run and along Berryville Pike. The analysis states that approximately 33.1 percent of the site will be preserved. 0 • REZ #05-02, Red Bud Run Page 6 October 1, 2002 The applicant has provided documentation, compiled by Lynn L. Sims, indicating that while the subject site may be considered a portion of the Third Battle of Winchester, no actual fighting occurred on the properties. In the most recently revised proffer statement, dated October 2, 2002, the applicant has offered a monetary contribution of $1,000 pei• lot as an unrestricted gift for historic and open space preservation. Revieiv Aizency Comment The Frederick County Historic Resources Advisory Board (HRAB) comments, dated February 21, 2002, expresses concern for the loss of historic core battlefields. Specifically, the HRAB has concerns about loss of viewsheds of the battlefield, the housing density of the proposed development, and its impacts on possible battlefield network connections to Stephenson's Depot. The HRAB does not support this request. Planning Sla[f Comment The subject properties are located within the limits of the Third Winchester (Opegoun) Battlefield core area, as delineated by the National Park Services' (NPS) Study of Civil War Sites in the Shenandoah Valley. Therefore, the HRAB has expressed concern for the loss of historic battlefields and the aesthetic qualities of the rural community in which these parcels are located. The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsleds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. C) Water and Server: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would generate approximately 60,000 gpd of sewage, based on the Frederick County Sanitation Authority (FCSA) average of 200 gpd per residential unit. An offsite sewer system would be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. An existing 8" sewer line, which has a capacity of 340 gpm and is less than 100 gpm flow at present, will be utilized to convey the sewage to the Opequon Regional Wastewater Treatment Plant. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to the project by the FCSA. An existing water main located south of Route 7 would be utilized to serve the project. A water loop would be established through the site to the school site located to the west. • • REZ #05-02, Red Bud Run Page 7 October 1, 2002 Review Agency Comment The Frederick County Sanitation Authority (FCSA) comment, dated February 6, 2002, states that sufficient water and sewer capacity exist to serve the demands of the rezoning. d) Community Facilities Public Schools The proposed residential development would increase student enrollment capacities, thus impacting Red Bud Elementary School; James Wood Middle School; and Millbrook High School. The Frederick County Public School Administration (PSA) comment states that this development could yield 150 new students. Furthermore, the PSA identifies that the school facilities within this area of the county are nearing maximum design capacities. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased school enrollment. The PSA does support the proposal to construct a minor collector road joining the school property with Woods Mill Road. The County's Capital Facilities Impact Model projects a negative impact on the school system of $7,162 per lot. The applicant has proffered a monetarycontribution of $3,581.00 per lot to mitigate the impacts to the school system; this contribution is consistent with the County's policy expectation of 50 percent (this rezoning application was submitted prior to the County's recent adoption of the updated Capital Facilities Fiscal Impact Model). Parks and Recreation The Department of Parks and Recreation comment identifies that the monetary proffers received from new residential projects do not allow their department to keep pace with the recreational demands of the county residents, especially as many of the people moving to our community will be requesting the level of leisure services for which the have become accustomed. The County's Capital Facilities Impact Model projects a negative impact on the parks and recreation system of $1,195 per lot. The applicant has proffered a monetary contribution of $598.00 per lot to mitigate the impacts to the parks and recreation system; this contribution is consistent with the County's policy expectation of 50 percent. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: 0 0 REZ #05-02, Red Bud Run Page 8 October 1, 2002 • Monetary contribution of $6,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. • Establish a stream preservation parcel of 28.4 acres along Red Bud Run. • Prohibit the Construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MELTING: The 157-acre site proposed for residential land use is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The 157-acre site has significant frontage along three state -maintained roads and can be served with public water and sewer with adequate capacities. The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this residential rezoning proposal. The proffered conditions include a monetary offer to offset costs associated with the capital facilities needs of various county service providers, the offer to limit the number of residential units to 300 single-family lots, and the offer to improve the intersection of Berryville Pike and Woods Mill Road. Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding this proposal: • The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. • The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. • Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. • The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de-sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. 0 • REZ #05-02, Red Bud Run Page 9 October 1, 2002 The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02 Staff presented the application to the Planning Commission and identified a number of issues identified by staff and VDOT that were not adequately addressed by the applicant. The applicant reviewed the planned transportation improvements, and other proffered conditions. A number of citizens spoke during the public hearing. Concerns raised included: additional needs to protect the Red Bud Run watershed; concerns with impacts to the existing road network; preservation of battlefield lands; and the potential increase in the school age population. Citizen comments also addressed: the positive aspects of the property's location in proximity to the arterial roadway (Berryville Pike); and that the site is within the County identified growth area. A citizen also raised concern that a public hearing sign may not have been posted on the site. Following discussion, the Planning Commission recommended approval of the rezoning request. UPDATE SINCE PLANNING COMMISSION MEETING ON 06/05/02: Staff confirmed that the subject site was not properly posted to inform the public about the June 5, 2002 rezoning public hearing. Accordingly, the County Administrator directed staff to return the rezoning application to the Plaruiing Commission in order to fulfil the public notice requirements. The application was scheduled for a public hearing at the Planning Commission's July 1, 2002 meeting. The applicant has submitted a revised proffer statement to address concerns raised by staff, the Virginia Department of Transportation, the Planning Commission, and citizens during the June 5, 2002 public hearing. The revised proffer statement, signed by the property owners on June 17, 2002, provides for: • Monetary contribution of $5,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. (New condition) Conduct necessary improvements to address sight distance concerns at Morgans Mill Road and the proposed minor collector road. • (New condition) Enter into a signalization agreement for possible traffic signal at the proposed minor collector road and Woods Mill Road. • (New condition) Limit the number ofpt-Nate driveway entrances onto the proposed minor collector road. • Establish a strearn preservation parcel of 28.4 acres along Red Bud Run. (New condition) Parcel to be held by property owner until such time as an appropriate managennent party is identified and approved by the Board of Supervisors. 0 • REZ #05-02, Red Bud Run Page 10 October 1, 2002 • Prohibit the construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. • (New condition) Work with the Shenandoah Valley Battlefield Foundation to establish viewshed protection plan along Route 7. • (New condition) Prohibit private entrances on Morgans Mill and Woods Mill Roads. Work with County to establish viewshed protection plan for the roads. PLANNING COMMISSION SUMMARY & ACTION OF 07/01/02: The applicant's representative described the proffered transportation improvements; he also read a statement from VDOT indicating that VDOT was satisfied with the improvements, although concerns regarding private entrance access on major and minor collector roads remained. The applicant had proffered to limit the number of private accesses on the proposed minor collector and to eliminate private entrances onto Woods Mill and Morgans Mill Roads. In addition, the applicant asked the Commission to consider eliminating the Rt. 7/Rt. 656 crossover because of the difficulty, from an engineering standpoint, of satisfactorily improving it. Commissioners had questions regarding maintenance and ownership details for the preservation easement along Red Bud Run and the time frame for signalization of the Woods Mill Road/ Rt. 7 crossover. A comment was made that the transportation situation in this area stood to be significantly improved, which would possibly not occur in the near future due to VDOT's State funding situation, by the improvements proffered by the applicant. A concern for the impact of additional residential development on the school system was also raised. There were no public comments. The Commission recommended approval of the rezoning by the following majority vote: YES (TO APPROVE): Watt, Morris, Unger, Light, Thomas, Ours, Kriz, Fisher, Triplett NO: ^Straub, Gochenour, DeHaven (Note: Commissioner Rosenberry was absent from the meeting.) STAFF CONCLUSIONS FOR 10/09/02 BOARD OF SUPERVISORS MEETING: Since the Planning Commission's review of this rezoning application, the applicant has revised the submitted proffers and excluded a previously proffered collector road, while continuing to provide for an internal road connection between Morgan Mill and Woods Mill Roads. The VDOT has provided an approval comment for the rezoning petition. The applicant has also increased the proffered monetary contribution to $6,454.00 per lot, which includes a $1,000.00 per lot contribution for historic battlefield and open space preservation. 0 \4\gcndm\COAIl�IGNTS\RBZONING\Slaff Rcport\2002\Rcd Bud Run BOS. Lwpd 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o C. E. Maddox Jr., P.E., VP 117E Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Patrick A. McTiernan Thomas M. McTiernan Address: 3. Contact person if other than above Telephone: (540) 667-1494 (540) 662-5712 Name: Charles E. Maddox, Jr., P.E. Telephone: 540-667-2139 G.W. Clifford & Associates, Inc. 4. Checklist: Check the following items that have been included with this application. Location Map x Agency Comments Plat x Fees Deed of property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x REGLANE-— MAY - 2. 2002. �I 0 • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Patrick A. McTiernan Thomas M. McTiernan 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant Undeveloped & One SF Dwelling SF Detached ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. E 2 0 • • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-105, 106, 107 & =107 Magisterial: Fire Service: Rescue Service Stonewall Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook (new) James Wood Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 157.01 RA RP 157.01 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 300 Townhome Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Multi -Family Hotel Rooms 3 i • 0 12. Signature: 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. 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. We hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date OZ- Charles E. Maddox, Jr., P.E.,V — G.W. Clifford & Associates, Inc. Owner(s) �� �-- Skc G _ Date D Patrick A. McTiernan Thomas M. McTiernan • Date MAY - 2002. ,..!• !. �,r f LA1tii�?Ia, �EVEL.01 i;��.iVl • Red Id Run • ID # Name Address Zoned Use 55-A-87A Frances V. Cole 163 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-88 Annett M & Franklin L Pitcock P.O. Box 2264, Winchester, VA 22604 RA Vacant 55-A-89 I afelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-90 Commonwealth of Virginia P.O. Box 67, Richmond, VA 23218 RP VDOT 55-A-92 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Retail 55-A-93 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-94 Barry H Walker & Georgia Miller 2196 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-95 Ralph Lee Cooper, Jr. 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-96 Ralph L & Betty E Cooper 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-97 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-98 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-99 John D Orndorff 1295 Red Bud Road, Winchester, VA 22603 RA Residential 55-A-100 Thomas E Kain, Jr 2230 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-101 Barbara V Herron 684 Calmes Neck Lane, Boyce, VA 22620 RP Residential 55-A-102 Clarke Loy & Anna Marie Beach 2372 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-103 Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 MH1 Vacant 55-A-104 Berland M Funkhouser, et als 164 Rustic Wood Lane, Winchester, VA 22602 RA Residential 55-A-109A Bryan Scott Jenkins 420 Westside Station Road, Winchester, VA 22601 RP Vacant 55-A-109B Jeffrey G Jenkins 1631 Redbud Road, Winchester, VA 22603 RP Residential 55-A-116 Redbud United Brethren Church 20 S. Cameron Street, Winchester, VA 22601 RA Residential 55-A-117 Pauline R Strosnider Bowers 1506 Redbud Road, Winchester, VA 22603 RA Residential 55-A-118 Dawn M Stulta & Debra J McNeil 328 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-119 Supreme Council of the House Red Bud Road, Winchester, VA 22601 RA Residential 55-A-18 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-19 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-20 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-21 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-22 County School Board of Frederick 5 N. Kent Street, Winchester, VA 22601 RA Educational 55-A-107A Patrick J & Deborah G McTiernan 223 Woods mill Road, Stephenson, VA 22656 RA Residential 55-A-108 55-A-138 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Vacant 55-A-139 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Residential • 55-A-140 George H & Rosemarie Lamson 405 8th Street NE, Charlottesville, VA 22902 RA Vacant 55-A-141 William D Alexander III 183 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142 Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142A Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Vacant 55-A-172 William C Whitmore, Jr., et als P.O. Box 550, Purcellville, VA 20134 RA Vacant 55-A-174C Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 RA Mobile Home Park 55-1-A Ivadelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-1-B Linda F Funk & ShirleyMoreland 140 Morgan Mill Road, Winchester, VA 22603 RA Residential is a • • • Red Burl Run II. General Criteria and Summary The Impact Analysis Statement in Section III is provided in summary form for the property known as "Redbud Run". The property is located on VA Route 7 East at Woods Mill Road. The land to be rezoned totals 157.01 acres. The three parcels are currently zoned Rural Area (RA). The requested rezoning is to change the current 157.01 acres of RA to Residential Performance (RP). The property is shown on the attached Location Map (Figure 1). The Impact Analysis Statement for Red Bud Run is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/developers have proffered an amount that will offset the projected negative fiscal amounts in accordance with directives of the Frederick County Board of Supervisors. There are residential units proposed as part of this rezoning request. The property will support approximately 350 single-family homes based on 2.3 per acre, which is the • average for single family developments in the UDA. The property is planned with interconnected subdivision streets that link Morgans Mill Road (Rt. 656) including Red Bud Run Elementary and Millbrook High School site with Woods Mill Road. Improvement of the Woods Mill Road intersection with VA Route 7 is needed and is the subject of a transportation proffer which mitigates impacts. Preliminary engineering design studies have been completed and utilized to fashion the General Development Plan (GDP) which is utilized in the proffer statement. The engineering recommendations have allowed the configuration of facilities used in the impact analysis that follows. A total of 300 single family units have been determined to be the highest and best use of this site. The proffer statement limits this project to 300 single family home sites and this limit is used in the assessment of impacts. The property proposed for RP zoning is located in the Urban Development Area (UDA) of Frederick County by action of the Board of Supervisors. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is an opportunity for quality development for residential uses. Environmental features that limit the development are identified and incorporated for design consideration. • Public sewer and water service are available to the property. Natural gas and electric service are available to the property. Red Bud Run LANDS FOR REZONING LOCATION MAP COUNTY. VIRGINIA Figure gilbert w, clifford Ar associates, inc. Engineers Land Planners Water Quality 117 E Picodily St. M6nchester, Vugmw 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL. grcllff®mnsinc.com Red Bud Run 0 • • The rezoning of the 157.01 acres of the Red Bud Run property fits within the guidelines of the Frederick County Policy Plan for the area. Analysis of the Route 7 corridor and the Northern UDA area shows that a significant shortage of available single family lots exist when measured against market demand in this corridor. This is likely contributing to a Route 7 driven market demand for lots in the rural areas of Frederick County. (See Figure 1.1) This rezoning and subsequent development will provide a needed addition to Frederick County's inventory of low density higher value housing without transportation limitations, in close proximity to services including schools. • is Ne*Stucture Density N • UNA2»S 31e ab 1'2iwc y NSet fadw Tay 1"6 - 2000 New Stmctwm Dl ddy �! -lt �1t•21 02t-37 �37•6f 46-66 SS-fl -64-73 -73•$3 1996 - 2000 Frederick County Source: Frederick County Planning Figure 1-1 RED BUD RUN STRUCTURE DENSITY MAP COUNI-Y OF FREDERICK, VIRGINIA gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff(gmnsinc.com • E • 0 Rezoning Application 0 0 AMENDMEN'r Action: PLANNING COMMISSION: July 1, 2002 - Recommended Approval BOARD OF SUPERVISORS: October 9, 2002 1A APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-02 OF RED BUD RUN WHEREAS, Rezoning #05-02 ofRcd Bud Run, was submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from I -A (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, cast and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Properly identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission IIeICI a public hearing oil this rezoning on July 1, 2002; and WHEREAS, the Board of Supervisors held a public hearing oil this rezoning oil October 9, 2002; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District as described by the application and plat submitted, subject. to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes Y2.1-02 0 • This ordinance shall be in effect on the date of acloption. Passed this 9°i day of October, 2002 by the following recorded votc: Richard C. Shickle, Chall-Illall Aye Sidney A. Rcycs Nay_ Gina A. Forrester Nay Margarct B. Douglas Aye W. Harrington Smith, Jr. Absent Robcl-t M. Sagcr Aye Lynda J. Tylcr Aye A COPY ATTEST .loh 1 . 1 lcy JI Frcdcrick County AcMillisUator PDRes. 1124-02 0 \Agcndas\CO\I,\ILNTS\RLIONIPJG\RLSOI.U'I-N\Rcd Bud It wI)d • • REZONING REQUEST PROFFER ;Property mentification Numbee• 55-A-105, 106 & 107 Stonewall Magiste6al District 111?E) BUD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersignied applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. INIonetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $6,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $1 17.00 for Sheriff's Office and $241.00 for Administration Building. A portion of the above -described property exists within the core battlefield area of the Third Battle of Winchester as delineated by the National Park Service. A portion of the site also possesses a sensitive linear environmental area surrounding Red Bud Run. The site is not a government priority for acquisition as a part of the Battlefield Park. There is a priority identified to protect the view shed along Berryville Canyon (Va Rte 7), and this has been acknowledged and mitigated in (8) below. Also, a plan to set aside and protect the sensitive environmental areas along Red Bud Run has been proffered. Frederick County together with the Shenandoah Valley Battlefields Foundation has also reached agreement on funding of historic preservation and for the installation of historic trails and other improvements. The owners have discussed this program with County Supervisors and are moved to voluntarily assist in this continuing capital investment program. For these reasons the Property Owner hereby proffers to pay to Frederick County at the time of building permit the sum of $1000.00 per lot as an unrestricted gift for Historic and Open Space Preservation. It is specified that these funds may be used for either or both Historic Battlefield Preservation and Open Space Preservation. General Development flan Voluntarily proffered is the attached Proffer Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist ofsingle family home lots. No multi -family units shall be constructed on this property. (Revision 9/30/02) Page I of �} • 0 REZONING REQUEST PRO FER Property Identification Number 55-A-105, 106 u 107 Stonewall (Magisterial District Red Bud Run 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: (See 2 on Proffer Plan) Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. Enter into a signalization agreement with VDOT regarding the new intersection. A series of interconnecting roads shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the event improvements for sight distance are required for the street connection on Morgans Mill Road this work shall be performed by the property owner. 4. All lot and tertiary road system access to be directly on the internal street system. There will be no new access points on VA Route 7 as the result of this project. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel shall be held and preserved in ownership by the owner until an appropriate open space plan is approved by the Board of Supervisors at which time the land and/or rights shall be transferred to the approved management agency. Prior to transfer, the 28.4 acre parcel shall be available for a public use easement upon resolution of matters involved with property owner liability and easement ownership. 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash (-follow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. 8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan). (Revision 9/30/02) Page 2 of i 0 REZONING REQUEST PROFFER Property identification dumber 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run 9. A viewshed protection plan shall be prepared in concert with the County Planning staff for frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road or VA Route 7. (See 9 on Proffer Plan). 10. The property owner shall, if directed by the Board of Supervisors, obscure the median crossovers at the Morgans Mill Road intersection with VA Route 7 and shall construct a right turn lane on westbound Route 7 into Morgans Mill Road. All work shall be in accord with permits issued by VDOT. 11. Phasing of this 300 lot project shall be provided in three (3) phases of approximately 100 lots in each phase. Improvements associated with transportation (No. 2 and No. 3 above) shall be initiated and completed as a part of Phase One of the development and prior to building permit issuance in Phase 2. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER tBy Patrick A. McTiernan Thomas M. NlcTiernan Date: O� -/� C 2-- Date: �V _ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: T},� foregoing instrument was acknowledged before me this 2_0(J day of a OO'�< , 2002, by I (. C I� R a �� �ccs (�—� o \- R)roa r-) My commission expires `t Zoo Notary Public-��{�.� P (Revision 9/30/02) age 3 of4 �':�-, .il ' /' /'%j �i, ''/' I\ tom' � � �� �� / .�,`.\•�-';'' Re 1 .33 ACRES '"� t�°''t �; �, � r I '�.�. ••:.;=-_==--- '' TM55 Parcel 105— t ACh: ; c� PARCELNOTAPART ;'%'%".;r kC�� rC:r1'ia� C, w I OF REZOi�IiNWoods Mi/I od `if; - i 1 1 i `✓ _l 1 c , i j TM55 Parcel 107A R�==�o,- PJ & DG McTiernan t J�\��=�,�.�'`\ba'b 2 Acres/ pb Ile Rid MH ?.5227 a--\ - /',� C1 • 6°'a°-- -__ ``I, 1 ,�, ' -�V' 1`-_• '� / ••ems- I ';';' ;• ` h \ `.I _ELede-rick Co.IS&g4ls / Total Lends for ` --- " Reacning — 157.01 Ac. gilbert w. clifford associates, inc. p PROFFERED PLAN Bow" s land m&nr era Water Ounk p 117 E Picadllly SL VrmcWer, Yrginio 22601 STONEWALL MAGISTERML 0/STRICT FROMCK COUNTY MGM vcxCF- (W) 667-2139 FAX: (540) 6654493 BAL gwdffAmnsir-cam Suet 4 of 4 REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106, 107 & 107A Stonewall Magisterial District RED BUD RUN Preliminary Mattel's Pursuant to Section 15.2-2296 et. Seg1 of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their- legal successor- or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. REZONING REQUEST PROFFER Property Identification Number 44-A-89A and 44-A-89 Stonewall Magisterial District Red Bud Run A minor collector roadway shall be constructed in Phase I of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 2 on Proffer Plan). 4. All lot and tertiary road system access to be directly on the minor collector roadway. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 3 on Proffer Plan). 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER _ ;y II By: �; ; %L��' c 'l l�1�-�i:.crd� By:.��.�17�Z1�� Patrick A. McTiernan Thomas M. McTiernan Date: Date: 'J� ` 3 f o i STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: a I Th foregoing instrument was acknowledged before me this �� day of f I&ALL, 2001, by �C�r \ C 1c p — :W0_Q 7) M. MCT, �,_,k-nay, My commission expires�� Z� Notary Publics _ �1L_ (Revision 5/31/02) Page 2 of 3 Ll 0 RECEIVED MAY 3 1 ZOO'c" DEPT. OF PLANNING/DEVELOPMENT • PARCEL NOT A OF REZONING TM55 Parcel 107A PJ & DG McTiernan, 2 Acres Jf/ \ b Ix Ridge MHP f---Ji , ram` �` ''/ /�•� `., _Frederics �.� _ d�_. .�, / Total Lands for •`. ---- ew J % `�-�: `ee° -.ape _ — Rezoning = 157.01 Ac. Red Bud Run gilbert w. Clifford associates, it `O PROFFERED PLAN Engineers Land Mamers wstw QWditr 1I I f Picodilly St. Winchester, Virginia 22601 STONEWALL MAC/STERW DISTRICT fREDERICK COUNTY, WRGIN14 I �' (�) 661-2139 FAX: (540) 665 0493 EMWI: gMc6K®mnsinc.cor 1.33 ACRES » Parcel 105 PART R4= �9: REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District RED BUD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer- Plan including the following improvements: On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. • Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. 0 • REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run A minor collector roadway shall be constructed in Phase I of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 2 on Proffer Plan). 4. All lot and tertiary road system access to be directly on the minor collector roadway. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 3 on Proffer Plan). 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of Stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: Patrick A. McTiernan Thomas M. McTiernan Date: —� Dom-- Date STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknow^edMC*Tei before me this �kn��/ s day of , 2001, by PaC l- /1. -� �M027i Q/S /` ncn r, My commission expires /, ��)J Notary Public C' �j'2"7 (Revision 5/31/02) Page 2 of 3 1.33 ACRES a, •;` ( _ _ ' TM55 Parcel A PART %%, - `, ' 1b`,3 OkCRIES PARCEL NOT = v4� ; i TMs5, PtA3 Al, 106 l OF REZONING R� it - \ _ - TM55 Parcel_.�'• - PJ do DG McTiernan 2 Acres Ridge MHP 12 1 2M 52iV*F -- r,-41 Opp `'•` • ; j• I / - ; `, `�` �\.,;,.,, it ; ,�-�`t\`; i i � �t •1 ��!/ ��`'' / i~ t Mr � chgOs `:� oP_%;'. / !, / TOW Lands for -Erederick Co — �; Rezoning = 157.01 gilbert w. clifford associates, Red Bud Run tam tlaooer, PROFFERED PLANwater Ni QMW O117 E Ficadip St ifnceeslc, Vt9rw 2201 ,,..••,•a/`r rna-ncowr r tym TY mv?QNM VCM- (540) W-2139 FAX' (510) 6M- M 9"dh'9"dh'40 ' • 0 RECEIVED J U N X 5 200Z OPT., OF k",hODEVELOPMENT REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106, 107 & 107A Stonewall Magisterial District �1 RED BUD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 905-02 for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA •to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriffs Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to modify, alter or reconstruct Route 7 east bound lane left turn lane and tapes- to the Route 7/R0ute 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/R0ute 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that front Route 660. (See location 1 on Proffer Plan). 0 i REZONING REQUEST PROFFER Property Identification Number 44-A-89A and 44-A-89 • Stonewall Magisterial District Red Bud Run 3. A minor collector roadway shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road and a rear access to schools. (See 2 on Proffer Plan). 4. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 3 on Proffer Plan). 5. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 6. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. • Respectfully submitted, PROPERTY OWNER CBy: a- . Patrick A,McTiernan Thomas M. cTiernan Date: `' 2g/Q Z— Date: � ��4 L STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 1 T fQQre,goin instrumwas acknowledged before me this L/ day of 1 , 2001, by ,�nCK. -4 , �' !M0n0 S e rnOn My commission expires r I l . 3aZoo Notary Public OV • Page 2 of 3 • 0 �W] PARCEL NOT A OF REZONING TM55 Parcel 1O7A PJ & DG McTiernon, 2 Acres 1.33 ACRES TM55 Parcel 10`.: PART woods Mill Roo° \ 34.1603 ACRES Pprckll 1Q6 �.'a. - /off; f, 121.5227 ACKc�;S J _Erederick`Co. Schp'ds 0 STONEWALL Red Bud Run PROFFERED PLAN "RIAL DISTRICT FR£D£RICK COUNTY. VIRGINIA Blue Rid gge MHP i _ � f Total Land. for Rezoning - 157.01 Ac. gilbert w. clifford & associates, inc. Engineers Land Manners Water Quality I I / E. ilco0ily st. Winchester, Yrginic 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwdiff®mnsinc.com Rezoning Comments - Redbud Run Subdivi, '. Subject: Rezoning Comments - Redbud Run Subdivision Date: Fri, 8 Mar 2002 12:13:02 -0500 From: "Melnikoff, Steve"<Stcve.Melnikoff@VirginiaDDT.org> To: 'Eric Lawrence' <elawrene@co.frederick.va.us> CC: "Melnikoff, Steve" <Steve.Melnikoff@VirginiaDDT.org> VDOT requests the Transportation Comments of McTierman Rezoning Request as indicated in Section V Proffer Statement be modified as follows: General Development Plan 2. Modify, alter or reconstruct Route 7 east bound lane left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/ Route 660 crossover. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that fronts Route 660. 3. A minor collector roadway shall be constructed in Phase I of project to Woods Mill Road with Morgan's Mill Road. Steven A. Melnikoff Transportation Engineer VDOT - Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of I 5/22/2002 10:58 AM A4 COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 July 1, 2002 Comments to Proposed Rezoning Ref: Patrick A. McTiernan & Thomas M. McTiernan Property Routes 7, 656 & 6 G 0 Frederick County JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 7, 656 & 660. Routes 7, 656 & 660 are the VDOT roadways which have been considered as the access to the property referenced. VDOT, through discussions with Frederick County and the developer's engineer, is satisfied that the transportation proffers offered in the McTiernan Property Rezoning Application dated June 17, 2002 (revised) and based on the May 1, 2002 Traffic Impact Analysis addresses most of our VDOT concerns with exception of the following: VDOT is opposed to private entrance access directly onto the minor collector roadway, Morgan Mill Road and Woods Mill Road. Should Frederick County allow private entrance access directly onto the minor collector roadway, Morgan Mill Road and Woods Mill Road, all individual entrances will be subjected to meeting minimum sight distance requirements based on posted speed limits. Should Frederick County agree to eliminate the Route 7/656 Crossover, resulting in Route 656, Morgan Mill Road, becoming a right in/right out configuration, all improvements to this intersection will be the responsibility of others. These improvements to include a right turn lane from west bound Route 7 to Route 656. 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 Sixth Edition for review, VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. RIrCu�Hwl J U L 0 ".1 �00� Steven A. Melnikoff, TransportaX Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 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. Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Virginia Department of Transportation Comments See attached VDOT comm nts dated July_L, 2002 VDOT Signature & Date. -- Notice to Advisory Board — Please Return us Form to the Applicant ragc 1 Vl G 0 • Chuck Maddox • From: "Funkhouser, Rhonda" <RFunkhouser@VDOT.STATE. VA. US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> Cc: "Diamond, Jim" <JDiamond@vdot.state. va.us>; "Downs, Kelly" <KDowns@vdot.state. va.us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry" <BSweitzer@VDOT.STATE.VA. US> Sent: Tuesday, October 23, 2001 2:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County • Dear Chuck: A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. The proposed Concept Plan is acceptable to this office. However, the transition fi•om Concept to Preliminary Design should be made in a manner which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site • conditions. A prerequisite to design (including preliminary design) should be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 iab../. vic. creates any undercutting of existing roadway. •The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FI-1WA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) • • 10/23/2001 From: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> To: 'Eric Lawrence' <elawrenc@co.frederick.va.us> —c: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> .�-rlate: Friday, March 08, 2002 12:09 PM Subject: Rezoning Comments - Redbud Run Subdivision VDOT requests the Transportation Comments of McTierman Rezoning Request as indicated in Section V Proffer Statement be modified as follows: General Development Plan 2. Modify, alter or reconstruct Route 7 east bound lane left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/ Route 660 crossover. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that -)nts Route 660. 3. A minor collector roadway shall be constructed in Phase I of project to Woods Mill Road with Morgan's Mill Road. Steven A. Melnikoff Transportation Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) T -d E6t10-S99-0tlS -posse '8 PJOJJT Ta •m •2 eaa:0T ao ca Rew COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 June 10, 2002 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Red Bud Run Routes 7, 656 & 660 Frederick County Dear Mr. Maddox: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 F A Y "F ) JUN 1 01UU2 The Edinburg Residency received Staunton District comments on the revised Traffic Impact Analysis dated May 1, 2002 on June 4, 2002. I am offering these along with additional Residency concerns for consideration. On April 4, 2001, VDOT received a document from your office with data prepared by PHR & A identifying current traffic conditions at Routes 7 and 660. This document was developed to identify current conditions and include some traffic capacity/operational information and not enough data to perform a complete review. The next Traffic Impact Statement was dated May 1, 2002, but not received in this office until May 23, 2002 which was subsequently sent to our District Office Traffic Engineering Section on May 29, 2002. Traffic & Engineering comments were received back on June 4, 2002, leaving insufficient time for the Residency to submit our concerns, in writing, to your office. Therefore, may I submit the following for your consideration and inclusion in the McTiernian Rezoning Application, also known as Red Bud Run. VDOT submits the following concerns and looks forward to your proposals to mitigate same: • Enter into a signalization agreement for the intersection of the minor collector roadway and Route 660, Woods Mill Road. • VDOT requests consideration of eliminating private entrance access directly from the subdivision to Route 656, 660 and the proposed minor collector roadway. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Charles E. Maddox, Jr., P.E., V.P. Ref: Red Bud Run June 10, 2002 Paae #2 • Should the connection to Route 7, from Route 656 be severed or the Route 7 crossover be eliminated at this location, traffic will be routed onto the new minor collector roadway, increasing the chances for potential conflict between private access driveways and passing motorists. The Rezoning Application Notes in several places, i.e. reply to Agency Comments, Traffic Impact Analysis, the Project Engineer's recommendation to consider the closing of Morgan's Mill Road or closing the Route 7 median access, effective making Route 656 a right in/right out condition: • The severing of Route 656, Morgan's Mill Road, and creating a cul-de-sac will direct .south bound Route 656 traffic to the improved Route 660/Route 7 Intersection by way of the minor collector may have merit. However, the closure of this roadway will require a VDOT generated public hearing. The closure of the Route 7 crossover and ramps may also have merit. • These traffic recommendations may deserve consideration. However, consideration must be given to who will finance these changes. Will these modifications be financed by the developer? Frederick County? The construction of a commercial entrance to school property may only be allowed with approval by Frederick County Public Schools and VDOT. This entrance will require obtaining adequate sight distance along with complete engineering plans approved through the Edinburg Residency Office and the issuance of appropriate Land Use Permit. Please give these comments and concerns consideration for our approval. Should you have any questions, do not hesitate to call. Sincerely, Steven A. Melnikoff Transportation Engineer SAM/rf xc: Mr. C. B. Harris r Daye Heironimus d r—Eric Lawren r•+ iEi'I. (,= i�1.i��•��,v�i�'l)EVEL�ri!Gi�ii \\ StU�yents � C F j • Fredellck CounvPuhllcSchools administrative Assistant to Visit us at www.frederick.k12.va.us he Superintendent February 4, 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Dear Mr. Maddox: e-mail: orndorfa©fred erick.kl2.va.us This letter is in response to your request for comments concerning the rezoning application for the Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635 comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the • current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect capital expenditures for buildings and their debt service. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the fixture construction of new school facilities to accommodate increased student enrollment. The construction of a minor collector road through the proposed Red Bud Run project would be of significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school property to the minor collector road and onto an improved Woods Mill Road and signalized west lane intersection on Route 7 would help improve overall traffic safety. The impact of this subdivision on current and future school needs should be considered during the approval process. Sincerely, �f g Al Orndorff • Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools i40-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L:/Planning/Redbud Run C. lffCO", 40 M I February 21, 2002 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc 117 East Piccadilly Street, Suite 200 Winchester, VA ,22601 RE: Red Bud Run Rezoning Dear- Mr. Maddox: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of February 19, 2002. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants' •historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed rezoning. Historic Resources Advisory Board Concerns The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National Park Service. Therefore, the HRAB has expressed concern for loss of core historic battlefields. Specifically, the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed development and its impacts on possible battlefield network connections to Stephenson's Depot. Based on the above concerns, the HRAB recommends denial of this rezoning request. Please contact me with any questions concerning these comments from the HRAB. Sincerely, 4'ritl- Rebecca Ragsdale Plamner I RAR/ch • cc: Bessie Solenberger, Chairperson UTOMMMEESUIRA U\Rccommcndalions\RcdUudRunRZ wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments Red Bud Run Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 „Applicant:.: Please fill but the information as:accurately.as;passible..iri'.order to,assist the Virginia:Departinent of Transportation with their, revieVv Attach: three'cop�es-of your.. . . application: form;'lo- ca' tion:map, proffer statement;_impact analysis; and.any other`; �Gl {.Yll Gl L lil_.fii ��:iiu Liliu_ __ .._...z..n.�....�ae.... �......_.................... .. ...�...az�..,._..a..�...-....n..,...,�,..s.m...�� Applicant's Name: Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Virginia Department of Transportation Comments See attached comments from VDOT to the proposed rezoning of the Patrick A. McTiernan and Thomas M. McTiernan Property at Routes %, 656 and 660 dated September 3, 2002. Copy: Mr. Eric Lawrence VDOT Signature & Date: -- Notice to Advisory Board — Please Return' its Form to the Applicant �t7��C7NIa='Z.`1 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 3, 2002 Comments to Proposed Rezoning Ref: Patrick A. McTiernan & Thomas M. McTiernan Property Routes 7, 656 & 660 Frederick County JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 7, 656 & 660. Routes 7, 656 & 660 are the VDOT roadways which have been considered as the access to the property referenced. VDOT, through discussions with Frederick County and the developer's engineer, is satisfied that the transportation proffers offered in the McTiernan Property Rezoning Application received August 19, 2002 (revised) and based on the June 26, 2002 Traffic Impact Analysis addresses our concerns. VDOT recommends during site plan development, good engineering design practices prevail to promote traffic control and traffic calming measures, i.e. chicanes, chokers and raised median islands, etc. as part of this project design. 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.Trio Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of- way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Steven A. Melnikoff, Transp tion Engineer SEP f 1 100% VirginiaDOT.org WE KEEP VIRGINIA MOVING • • gilbert W. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 2 October 2002 Mr. Eric Lawrence Frederick County Planning Director 107 N. Kent Street Winchester, Virginia 22601 RC: Red Bud Run Revised Proffer Dear Eric, Hoard of Directors: President: 'Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, .Ir., P.I's. I arl R. Sutherland, RE Ronald A. Mislowsky, P.E. Da%id J. Saunders, P.E. Directors: William L. Wright Michael A. I lammer 'Thomas W. Price Attached is a proffer revision prepared as a result of discussions with Board members on this project. There are two additions. In paragraph 5 we have provided for the interim public use of the 28.4 acre stream preservation parcel. In paragraph 1 l we have provided for a phasing plan which specifies three phases of work and provides for the road improvement work to be performed during the first phase. Please provide this proffer to the Board of Supervisors for Public I-Iearing on October 9, 2002. Sincerely, gilbert w. clifford & associates, inc. � � � , � W ////0 9�/ C. E. Maddox, Jr., P.E., Vice President CEM/kf Enclosure cc: Tom McTiernan RECEIVED Pat McTiernan O C T 0 2 2002 DEPT, OF PLANNING/DEVELOPMENT. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 ♦% (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@carthlink.net earthlink.net Member Ameilmn Conmilling A'»gineers Council )m: Eric Lawrence <elawren-�co.frederick.va.us> • Chuck Maddox <gwcliff@mnsinc.com> Wiect: Thursday, March 14, 2002 4:36 PM [Fwd: Rezoning Comments - Redbud Run Subdivision] jck- ff would concur with VDOT's comments (attached), and would also Igest that additional details be provided regarding a road connecting cods Mill and Morgans Mill Roads. is R. Lawrence, AICP, CZA puty Director partment of Planning and Development unty of Frederick 7 N. Kent Street nchester, Virginia 22601 ).665.5651 ).665.6395 fax wrenc(a)co.frederick. va. us r� U 40 9 0 • E 0 RezoninIZ Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 ;:A pplieant: Please fill ut --the information) as accurately as -possible in. order to�assist, the Frederick County Fire, Marshal -with his review:.: Attach a copy:of,your,ap .Iicati'. form- location map,.tiroffer statement, impact analysis, and 7anymbther pertinent". information. Applicant's Name Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire Marshal's Comments Fire Marshal's Signature & Date Notice to Marshal — Please Return ' tis Form to the Applicant 0 0 ¢icx c. Frederick County File and ReSCUe •4 Department . Office of the Fire Marshal Flan Review and Comments VIRGINIA • • Control number RZ02.0002 Project Name Red Bud Run McTiernan Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RA Date received 2/ 1 /02 City Winchester Date reviewed 2/5/02 Applicant G.W.Clifford & Associates State Zip VA 22601 Tax ID Number Fire District 55-A-105to 18 Recommendations Automatic Sprinkler System Automatic Fire Alarm Syste No No Other recommendion Emergency Vehicle Access Not Identified Siamese Location Not Identified Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Ph 540.667.2139 Rescue District 18 Election District Stonewall Residential Sprinkler System NO Fire Lane Required Yes Special Hazards NO Emergency Vehicle Access Comments Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "No Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire hydrants shall be set at 3 feet from curbage and spacing shall allow coverage to within 3CU feet of all single family dwelling units. Access Comments Additional Comments A loop in the water supply system 1v�ether connected to the FCPS site or separate connection to R1.7 will greatly enhance fire suppression activities. Plan Approval Recommended Reviewed By Signature Yes Title ��> • • • Rezoning Comments Fire and Rescue Company Greenwood Vol. Fire Co. P.O. Box 3023 809 Greenwood Road Winchester, VA 22604 667-9417 Applicant: Please fill. out the information: as accurately as possible in order to,. assist, the.. Fire and Rescue: Squad with. their review: Attach a --copy of your application form,' location -map; proffer statement, . impact analysis, and any other.: pertinent information. Applicant's Name Mailing Address: Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox Jr., P.E., VP 117E Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire and Rescue Companyy's Comments r c_L '6 m n,c> r�'l�r l w�� 1 Qa.x, , 4 a ,_6_abo 4, In I h is �'I�<"'�� C'CLC�S zu� Fire & Rescue Company's Signature & Date:&, Z ��1 Notice to Fire & Rescue Company — Please Return This Form to the Applicant 17 0 • • • RezoninI4 Comments Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540)665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4' Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately. as possible in order to assist`the. Department of:Public Works withtheir, review. Attach a _copy.of your..applicatiori: form; location. map; proffer. statement, impact analysis, and any other, pertinent information._ Applicant's Name Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox Jr. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Department of Public Work's Comments a� ( St ' h{ 1� Public Works Signature & Da Notice to Dept. of Public Works — P se Return This Form to the Applicant H 0 • Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4 ' Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Advisory Board Comments Q c I^ l-T `I 2 D PcTJ a� I a a Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant 8 0 • • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible.in order to assist the.. Sanitation Authority, with. their review. Attach, a copy. of your application form,- location map; proffer. statement, impact,. analysis, . and - any other _ .pertinent information. Applicant's Name Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox Jr. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Sanitation Authority Comments The conceptual plan for providing water and sewer service to the propos property is acceptable. Sanitation Authority Signature & Date: _ _ 6 } I Notice to Sanitation Authority — Please Return This Form to the Applicant 14 9 • • Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Mailing Address: c/o C. E. Maddox Jr. P.E., VP 117E Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan NO Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 County Attorney's Comments Assistant County Attorney' Signature & Date: 7 • L • • • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2°d Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information -as accurately as possible in order to. assist the Department of Parks -& Recreation with the-ir'.review.. Attach a copy of your, application forjn;: Iocation map;.,!proffer .statement, impact analysis, and-any.'other:'pertinent information. Applicant's Name Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 This rezoning application includes Dept. of Parks & Recreation Comments proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Signature & Dater Notice to Dept. oP rks & Recreation — Please Return This Form to the Applicant l 12 DM: Melnikoff, Steve <Steve'Oelnikoff@VirginiaDOT.org> 1: 'Eric Lawrence' <elawrenc@co.frederick.va.us> Melnikoff, Steve <Steve.Mel nikoff@Virg iniaDOT.org> Ge: Friday, March 08, 2002 12:09 PM abject: Rezoning Comments - Redbud Run Subdivision 10T requests the Transportation Comments of McTierman Rezoning Request as licated in Section V Proffer Statement be modified as follows: ,neral Development Plan Modify, alter or reconstruct Route 7 east bound lane left turn lane and ier to the Route 7/Route 660 crossover. Modify, alter or reconstruct the ute 7 east bound lane, acceleration lane from Route 7/ Route 660 )ssover. Modify, alter or reconstruct the Route 7 west bound lane, right n lane and taper to Route 660. Construct a right turn lane and taper, ute 7 east bound lane, into the Blue Ridge Mobile Home Park. e west bound lane Route 7/Route 660 intersection is to be signalized in junction with the intersection improvements. ute 660, Woods Mill Road, is to be upgraded to include full width lanes, t and right turn lanes and associated tapers across the parcel that �ts Route 660. A minor collector roadway shall be constructed in Phase I of project to )ods Mill Road with Morgan's Mill Road. )ven A. Melnikoff ansportation Engineer ►OT — Edinburg Residency rmit & Subdivision Section 031 Old Valley Pike ,inburg, VA 22824 10) 984-5611 10) 984-5607 (fax) • • 0 Red Bud Run 26-Apr-02 Reply to Agency Comments ►gency Comment C Staff Application Fee Survey Plat & description Taxes paid ticket 157.01 ac-$600+$35x157.01= $6095.36 Provided Provided Location and Access Distance to adjacent residences per attached. There will be increased traffic. There will be some visual impact. No residence is immediately adjacent to lands disturbed by proposed construction. Site Suitability Maps have been added showing steep slopes and woodlands. Maps have been added describing acreage. Traffic Traffic generation is shown on new map added to traffic section. LOS is shown on improved intersections at Rte 7/Woods Mill, Woods Mill/ project entrances and at Morgans Mill/project entrances. The cost of offsite roads is attached. (See PHR&A Traffic Study Addendum). Sewage Conveyance and Treatment Information on flows and preliminary sizing is included in revised text in section E. Water Supply The existing 10" main in Rte 7 has the capacity to serve the proposed development. A water stub will be provided at Morgans Mill Rd to provide the extension of service loop to School site if thought appropriate by School Board. Historic Sites and Structures The Miller -Woods house was destroyed by fire and on the same site a modern house has been built. The distance to this site from any disturbed lands is shown in section B. An old house, a barn and the old Mill Race are included in the proposed preservation parcel. This will allow the potential of preservation by the tract owner. Proffer Statement The GDP has been changed to Proffer Plan since more than monetary Proffers are involved. "and issued" has been removed from the proffer. The 28.4 acre stream preservation parcel will be held by the owner until an owner/operator agency contract can be formed and the title transferred. Several agencies are possible to hold title. The County will approve the Contract. This transfer will occur when public interests are served and a feasible plan for use is in place. The Road Eff buffer will be provided in the size required by the Master Dev Plan. • • School Access Point As agreed with the schools, the minor connector rd will Intersect Morgans Mill Rd at the existing point of intersection at the ex Haul Rd (at the existing gate). Public Works No Questions. Comment was favorable. Fire Dept Flow to Ash Hollow will be captured in and released What will be impact on Creek flows? from storm ponds in accord with approvals of plans by Public Works. This will mitigate impact on Ash Hollow Run. Fire Marshall Fire Hydrant Specs and coverage factors discussed. FCPS LJ FCSA Looping of water mains encouraged Information provided on costs of education and the need for new schools Noted See staff comment. Looping back to the same is of limited value. School system is looped to Rte land to Regency Heights. This will be of operational value. Frederick County builds approximately 650 new houses each year based on 11 year statistics. New rezonings in the appropriate location are necessary to focus growth in "Livable Neighborhoods" near schools and where other essential services can be economically provided. Rezonings do not increase growth, when they occur within the UDA, it provides for orderly growth for the 650 units built each year. Minor collector to Woods Mill is a benefit This road is proffered for phase one of the project. The engineer for Red Bud Run recommends consideration of closing Rte 658 intersection with Rte 7 when this road is in place for safety. Plan for water and sewer service is acceptable Dept of Parks & Rec 50% of impact model proffer needs consideration 0 Noted The 50% proffer has been established by the Board of Supervisors as appropriate. Increasing cost on units in the UDA has the effect of moving growth to the rural areas. This project is limiting density in order to provide a Stream Preservation corridor of 28.4 ac and link with other preservation along the corridor. This in itself is a major expansion of community leisure activity and is in addition to the monetary proffer. 0 0 • Co Attorney Proffer appears in proper form when Noted signed by owner. • In Property is within the Core of Third Battle. HRAB had concems about loss of views, density of development and network connections to Stephensons depot VDOT VDOT offers language to be included in the proffer statement. Included in the Historic impact section ("I") is a complete report by Historian Dr. Lynn Sims regarding the Battle of the Opequon (Third Battle). There seems to be no justification for a public agency paying to acquire this site since nothing of significance happened on the lands. A Historic Preservation Buffer will be designed to limit visual impact from Rte 7. The owner has offered to provide land for pull off areas (Kiosks) for interpretive purposes. To date there have been no requests or recommendations for such improvements. From Dr. Sims study it is found that the School Site has effectively separated Red Bud Run from any reasonable connection with the Battlefield Park at Third Battle. The property is within the UDA and there are several other good reasons to rezone the property , which are discussed in the application. This site has been in family ownership by the McTiernans and has ceased to be productive as farmland. With the evidence available, the highest and best use of the land is for UDA residential inventory. The low density approach proffered fits well with historic and environmental issues identified in this application. This language has been included in the revised proffer. n COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 11, 2002 Charles E. Maddox, Jr., Vice President G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Vireinia 22601 RE: Red Bud Run, Route 7 Preliminary Review of Potential Rezoning Petition Dear Chuck: I have had an opportunity to peruse the materials referenced above, submitted to this office on February 1, 2002. The proposed petition appears to be consistent with previously provided information discussed during the UDA expansion request. I would suggest you consider providing the following additional • Information when the formal rezoning petition Is submitted to the CouIlty for consideration: 1. Application Review Fee of $6,166. [$550 base + $50 refundable sign fee + ($35/acre * 159.03 acres)]. $550+50+5566 = $6,166 2. Survey Plat of the proposed Zoning District Boundary. Include meets and bounds, and legal description of proposed boundaries. 3. Taxes Paid verification for all parcels included in the rezoning petition. 4. Impact Analysis A. Item B: Location and Access. Provide the distances from the subject site to adjoining residences, and address potential nuisances. B. Item C: Site Suitability. Provide additional information pertaining to the location, amount (acreage), and percentage of the site that is in steep slopes and woodlands. C. Item D: Traffic. Provide a Traffic Impact Analysis as described on Page 5 of the Rezoning Application Package. Such additional information should address potential impacts and mitigation efforts proposed for both Woods Mill Road and Berryville Pike. isD. Item E: Sewage Conveyance and Treatment. Provide the location, size, and available capacity of the existing sewer main to be utilized by this proposed development. Explain the effect the development proposal might have on the main's capacity. Provide distance the main is from the subject site. 107 North Kent Sheet • Winchester, Virginia 22601-5000 L] 1] •Red Bud Run REZ Page 2 February 13, 2002 D. Item F: Water Supply. Provide the location and size of the existing water main to be utilized by the proposed development. Explain the effect the development will have on the service's capacity. E. Item I: Historic Sites and Structures. The historic Wood's Mill is not on the subject property, yet you have indicated that it will be preserved in open space. What is on the site is the Miller -Wood House; this structure should be buffered from the proposed development to assist in preserving its historic qualities. Provide the distance the historic structures are from the proposed rezoning boundary lines. 5. Proffer Statement. A. "General Development Plan" might be more appropriately titled "Monetary Contribution." Revise sentence for clarification: "...the undersigned will pay to Frederick County at the time a building permit is applied for and -issued the sum of..." B. General Development Plan, Item 84. Who is intended to own and/or maintain the `stream preservation parcel'? Based on ownership, how will the site be made open to the • public? 6. Road Efficiency Buffer (REB) along Route 7. As you are aware, an REB is required along Route 7. Please confirm that adequate distance has been provided on the Generalized Development Plan. 7. Clarify the location of the proposed road comiection with the school site access point. Thank you for providing me an opportunity to review this preliminary zoning petition. I would agree with the review agencies that you have circulated this petition to: County Attorney, HRAB, VDOT, Public Works, Fire Marshal, Department of Parks and Recreation, Schools, Sanitation Authority, and Greenwood Fire and Rescue. Once you have received all comments and satisfactorily addressed the issues raised, the petition may be formalized with the appropriate property owner signatures on the application and proffer statement. Please contact me with any questions regarding this project. Sinc -ly, r sEr R. Lawrence, AICP Deputy Director ERL/ch UAE is\Common\Rczonings\Red Bud Rcvicwl.%vpd 0 A Traffic Impact Analysis of Red Bud Run Located in Frederick County, Virginia prepared for: Gilbert W. Clifford & Associates, Inc. 117 E. Picodilly Street Winchester, Virginia 22601 prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 208 Church Sireet, S.E. Leesburg, Virginia 20175 P R T 703.777.3616 F 703.777.3725 June 26, 2002 • Ll OVERVIEW Report Summary This study considers the traffic impacts associated with the proposed Red Bud Run development to be located along Woods Mill Road, north of Route 7, in Frederick County, Virginia. The proposed development is to include 300 single family detached residential units Patton Harris Rust & Associates, pc (PHR+A) has complete tragic analyses for existing, 2007 background and 2007 build -out traffic conditions. Access to the site will be provided via a proposed "East-West Internal Connector" that will extend from west of Morgan Mill Road to east of Woods Mill Road. This will coincide with the elimination of the median break at the Route 7/1VIorgan Mill Road intersection (will allow for right -turns in/out only). All eastbound and southbound left -turns trips will be rerouted to the Route 7/Woods Mill Road intersection. METHODOLOGY The traffic impacts accompanying the proposed Red Bud Run development were obtained through a sequence of activities as the narratives that follow document: o Calculation of trip generation for Red Bud Run, v Assessment of background traffic including other planned projects in the area of impact, • Distribution and assignment of Red Bud Run generated trips onto the completed road network, • Analysis of capacity and level of service with the newest version of the highway capacity software, HCS-2000 (Version 4.1b), for future build -out conditions. EXISTING CONDITIONS PHR+A conducted automatic "tube counts" and manual peak hour traffic counts at the key locations within the Red Bud Run study area. Figure 1 shows the existing (2002) ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 2 illustrates• the respective existing lane geometry and AM and PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. Traffic Impact Analysis of Red Bud Run "PRA June 26. 2002 Pale 1 • • Ca °o 3 ,_- .-------. •. • �. ----- ---- SITE SITE 1 N J �.27(76) Route 7 L 4�633(1049) LIM (79)71 (624)1395 ....� Figure 1 PT-jRA AM Peak Hour (PM Peak Hour) Existing Traffic Conditions Traffic Impact Analysis of Red Bud Run June 26. 2002 Page 2 7� 0 � C - --------- SITE 1 t SITE It Route 7 SEE BELOW AM Peak Hour (PM Peak Hour) Levels of Service Levels of service Levels of Service SBILeft = B(A) EB/Left = B(A) NBfUhru = C(E) SEff bru = C(C) Levels of Service ERILeft = A(A) — — — — — — — — — — — — — — SB/Left = A(A) ....... --- ..... ............ ... ........ 1 —009— 0 WMAI Figure 2 Existing Lane Geometry and Level of Service PUiZ-A Traffic Impact Analysis of Red Bud Run June 26. 2002 Pa2c 3, 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 7 and Woods Mill Road, respectively. using an historic growth rate of 2.5% per year (compounded annually). Figure 3 shows the 2007 background ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 4 shows the respective 2007 background lane geometry and AM and PM peak hour levels of service. All HCS- 2000 level of service worksheets are included in the Appendix section of this report. TRIP GENERATION The total number of trips produced by and attracted to the Red Bud Run site were established using the 61h Edition of ITE's Trip Generation Report. Table 1 provides a summary of the results. Table 1 Red Bud Run Trio Generation Summary AM Peak hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Red Bud Run 210 Single -Family Detached 300 units 55 165 219 185 104 289 3,000 Total 55 165 219 185 104 289 3,000 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 5 represents the trip distribution percentages into and out of the Red Bud Run development. Figure 6 shows the respective ADT and A.M. and P.M. peak hour trip assignments along key roadways/intersections within the study area. 2007 BUILD -OUT CONDITIONS The Red Bud Run assigned trips (Figure 6) were added to the 2007 background traffic (Figure 3) to obtain 2007 build -out conditions. Figure 7 provides the 2007 build -out ADT and A.M. and P.M. peak hour traffic along key roadways/intersections within the study area. Figure 8 shows the corresponding 2007 build -out lane geometry and AM and PM peak hour levels of service. All HCS-2000 level of service worksheets are included in the Appendix section of this report. Traffic Impact Analysis of Red Bud Run P"� June 26, 2002 Page 4 C� C� 0 N � � kno School j East-West �-- A C—e-s ------- nt�7;alVonnector '•.�� N N SITE '•-- N N � � N Route 7 j L ' (154)1421 (689)1515 -%� 31(86) 4�716(1187) AM Peak Hour (PM Peak Hour) Figure 3 2007 Background Traffic Conditions R Traffic Impact Analysis of Red Bud Run N June 26. 2002 , • • b Ca O CKS O cd O Lr 3 O School East-West -"-----------MUOZronnec O Access .- SITE ----------- SITE It !t Route 7 I SEE BELOW A AA D—L- unnr !PM PPA- Nnnrl Figure 4 2007 Background Lane Geometry and Level of Service Traffic Impact Analysis of Red Bud Run P" June 26. p- l�l L Pagec 6 t ale 1 1 .b Ca 'd ,.O,/ O O O � School East-West � ' ccess nterna 'onnector SI'I'lE : SITE Route 7 RA_ PH Figure 5 Trip Distribution Percentages Traffic Impact Analysis of Red Bud Run PT�jR+A June 2G. Pam 7 7 ale as C 'U ° 16(l0) 3 � ° 38(24) 4�41* I East-West o^ ' nterna otmec or LO(o) SITE �-27(17) (52)82 --% �i SITE N 00 � ^ N cCIS %. 29(97) 1 Route 7 L 4�4(14) ' (54)161 7 , T-)A AM Peak Hour (PM Peak Hour) Figure 6 Development -Generated Trip Assignments Traffic Impact Analysis of Red Bud Run P"RA June 26. 2002 PaQc 8 "0 «S 'L3 cC O Q! O o , o ~� 16(10) 3 o �n o �38(24) O School i I ' East-West ^ A ^ -� o 77W)eq— � ntema onnec o SITE .. (4)1 .may (52)82 .r N �..� O et OD N r 7 1L Route (208)158 (689)1515 tyo� %,, 0(0) *, 11(7) t 27(17) -�tr ITE N %.. 59(183) 4� 720(1201) AM Peak Hour (PM Peak Hour) Figure 7 2007 Build -out Traffic Conditions Traffic Impact Analysis of Red Bud Run June 26 P"T + %� . p- �( l Pagee 9 9 • • -o C 0 Unsignalized Intersection v 0 Ca o Unsignalized 3 School a ot44> A(A)* East-West Intersection ccess Injernal Connec o *(A)A SITE 4SA 4>-A(A)* * i r SITE cc m !t !t Route 7 SEE BELOW AM Peal: Hour (PM Peak Hour) s L_v AY-,n Figure S 2007 Build -out Lane Geometry and Level of Service P"RA Traffic Impact Analysis of Red Bud Run June 26. 2002 Page 10 CONCLUSION The traffic impacts associated with the proposed Red Bud Run development are acceptable and manageable. All intersections maintain acceptable levels of service "C" or better for 2007 build -out conditions. No traffic mitigation measures will be required for this development. Traffic Impact Analysis of Red Bud Run P"PJuneA 26, 2002 PaKe 11 • • APPENDIX 0 • W 0 -0 -,ram~err ram_`♦ go go SITE `•�..,,_ rrr rrrr SITE 00 000 N J L %.,,.27(76) 4�633(1049) Route 7 (79)71 „1 (624)1395 .m+ 1z+ Figure 1 IJ J? -4- 1 sommmmmImmm AM Peak Hour (PM Peak Hour) Existing Traffic Conditions Traffic Impact Analysis of Red Bud Run .Tune 26, 2002 �j Red Bud : Road ■■r■r■■r.err■■■.■■.■rr.■■■r.■....■.rr.rr.rr.rrr.r..r■rr■.r.� 1250 . o ■ � cd 0 O O 'Ly N %..0(0) o o^ 4.., 16(10) o vv'i (Er e m38(24) o School j East-West o �N o ccess 1 r n erna onnec '� j �' w27( 7) (ow...o SITE , (18)5 K N (0)0 --% o v T f�l � p� N i Route 7 (1)1..0 (4)1....► � t r ()82 en —4 SITE L59(183) 4� 720(1201) (208)158 ..J` (689)1515 M..* MMIM AM Peak Hour (PM Peak Hour) 1 H NI1 Figure 7 2007 Build -out Traffic Conditions P, P-, n Traffic Impact Analysis of Red Bud Run Junc 26. 2002 • § 144-17 FREDERICK COUNTY CODE § 144-17 included under Article VII, Improvements and Guaranties, of this chapter. 8. Street layout. The layout, width, grade, design and location of all streets shall conform to the approved final master development plan, the standards contained in the Frederick County Comprehensive Plan, Virginia Department of Transportation requirements and the following regulations: (1) Residential streets shall be laid out to discourage through traffic. New residential lots shall not have direct vehicle access to roads defined as major collector or arterial by the Frederick County Comprehensive Plan or the Virginia Department of Transportation. (Amended 9-13-19951 (2) Provisions shall be made for the continuation of planned, existing or platted streets on adjoining parcels. The design of such streets shall be coordinated in terms of location, width, grades and drainage. Such continuations shall be made to provide access to adjoining parcels, to provide for streets identified in the Comprehensive Plan and to provide for safe and adequate traffic patterns and access. Such continuations may not be appropriate where they provide for access between substantially different uses or where they will result in adverse traffic impacts on existing neighborhoods. Where no lots front on the road, the Planning Commission may require the design and grading of the right-of-way to conform to the Virginia Department of Transportation standards with a minimum of temporary or permanent seeding. (3) Final engineered construction documents shall be provided to the Subdivision Administrator prior to the complete release of the performance guaranties as specified in Article VII, § 144-44, of this chapter. C. Street names. Proposed street names shall not duplicate or approximate phonetically the names of existing or recorded streets in the county and the City of Winchester unless the proposed street is a continuation of an existing or platted street. Prior to filing a plat for approval, proposed street names shall be reviewed and approved by the Subdivision Administrator. D. Intersections. 14420 10- 10-95 0 • § 144-17 SUBDIVISION OF LAND § 144-17 K. Classification. The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan dr by the standards of the Virginia Department of Transportation. The subdivider may be required to reserve rights -of -way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements and access points. (1) Local street. A "local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision and having an average daily projected traffic count at full build out of zero (0) to four hundred (400) average daily trips and shall be constructed to the following standards in accordance with projected traffic: (a) Minimum right-of-way width shall be as required by VDOT (2) [Amended 9-13-19951 Minor collector. A "minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system. These streets provide land access service and traffic circulation within residential, commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor collectors shall have a projected average daily traffic count at full build out from four hundred one (401) to three thousand (3,000) daily trips or be streets designated as minor collectors by the Frederick County Comprehensive Plan. Minor collectors shall be constructed to the Virginia Department of Transportation Urban Design Standards. (a) Minimum right-of-way shall be as required by the Virginia Department of Transportation. (3) [Amended 9-13-19951 Major collector. A "major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intracounty travel corridors. Major collectors shall have a Projected average daily traffic count at full build out from three thousand one (3,001) to six thousand (6,000) average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. 14423 10 - 10- 95 J OUTPUT MODULE APPLICANT: PIN 55-A-107,105,106 Net Fiscal Impact LAND USE TYPE Residential Coss of Impact C[edil. INP_uT-MODULE Credts-to_be Take REAL EST VAL 545,885,000 Required (entered in Cur, Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 1 Capital-Eacilliies col sum only) Oper_Cap-Equip, Expend/DebLS. Taxes Other Fire and Rescuo Department 5247.331 Elementary Schools 51,427,956 Middle Schools 5756,796 5176,414 51,021,889 High Schools S 1,164, 330 Parks and Recreation $510,041 5130,454 Public Library S93,d00 526,061 Sheriffs Offices 565,828 $23.116 $0 512.128 Administration Building 584,479 SO Other Miscellaneous Facilities $107 404 $322.057 564,807 SUBTOTAL $4.457.565 5521,586 $1,086.696 $170,643 LESS: NET FISCAL IMPACT so NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Cao,lal Net Cost Per (Unadjusted) Cost Ealance Eacilities_Impact Dwelljruz Unit so so 5247,331 5707 51,198.303 $842426 $2,506.656 57.162 5130,454 591,711 5418,330 51,195 $28.061 519,728 $73.673 $210 $35,244 $24,777 S41.051 5117 $0 s0 $84.479 5241 5386,863 5271,971 So SO $1,778.926 51,25D,613 $3,206.952 $9.163 $0 SO K SO S3,206.9521 S9,1631 INDEX: "1.0" if Cap. Equip lnduded: 1.0 INDEX: "1.0" if Rev -Cost Sal, -0.0" K Ratio to Go Avg. 0.0 Rev -Cost Bal = 0.491 PLANNING DEPT PREFERENCES 1.D 1.0 Ratio to Co Avg = 0.703 METHODOLOGY 1. Capital facilities recuirercents are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in raw total of second column (zero if negalve); included are the one-time laxesHees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest b-cause they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10103f01 ERL P.I.N. 55-A-105. 106, 8 107 Rezoning: Assumes 157 acres zoned RP, 350 maximum single (amity lots proffered Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model fun date. --_— ---_ --_--- -- 0 • III IMPA CT ANAL YSIS Red Bud Run Impact Analysis Slalemen/ • III. Impact Analysis A. Site Background and History The Red Bud Run site (McTiernan property) is located immediately north of the U.S. Route 7 corridor and adjacent on both sides of Woods Mill Road at its intersection with Route 7. Recently, upon recommendation of the Comprehensive Plan Subcommittee of the Planning Commission, the Planning Commission and action by the Board of Supervisors this site has been included entirely within the urban development area. (Figure 2 shows the entire site rezoning boundary and its relationship to other adjacent uses.) This 157.01 acre site has been in the McTiernan family since January 1934. Prior to the McTiernan's, were a succession of owners including the Wood family (Joseph [1804], Issac and Charles) who operated "Red Bud Mills" on a portion of the tract for many years. The property was • originally part of a conveyance from Thomas Lord Fairfax to Joseph Hubbs in 1761. The property includes land designated by the Frederick County comprehensive plan as Urban Development Area (UDA). In accord with the Frederick County Comprehensive Policy Plan, lands within the UDA are eligible for rezoning for residential purposes and fit within the areas of the County where orderly growth should take place. is ��rrrjf/j f RED BUD RUN VICINITY MAP COUNTY OF FREDERICY, VIRGINIA CIA Figure 2 gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwchff@mnsinc.com 0 Red Bud Run • • E B. Location and Access 0 Impact Analysis Statement Red Bud Run is located in the Route 7 corridor east of the City of Winchester. Its proximate location to the Woods Mill Road intersection with VA Route 7 provides excellent traffic characteristics and transportation availability. Impacts on existing county residents are minimized by direct connection to an arterial highway. The site is bounded on the north by Red Bud Run a tributary of the Opequon Creek and a portion by the Red Bud Road (See Figure 2). Morgans Mill Road is the boundary on the west side of the site and Route 7 to the south. Also on the west is the existing site of the Red Bud Run Elementary School and the new Millbrook High School which is presently under construction. Approval of this site for residential use supports the "livable community" concept with neighborhood proximity to schools. Figure 3 shows the distance to adjacent residences from the proposed development area on the McTiernan property. �� • 1 5' f ' - tee_ 4?1 - pw .obd . e Wo RoOd �o p - a 6a C—�� P� Blu / f ' ) 1 Ridge ` Z �n Pioneer . b ,.ice 335 cl �. Frederick Co. Schools (/y/� ure J Red Bud Run gilbert w. Clifford associates, inC. D/STANCE TO ADJACENT HOMES Fa9ineers Land Plaffiers Water Quality 117 E. Picadill St. Vinchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDCRICK COUNTY. VIRGIN/A VOICE (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcliff®mnsinc.com 0 Red Bud Run • C. Site Suitability Impaet AIialysis Statement Figures 4 and 5 provide a description of the site as it relates to surrounding land uses. The land is characterized by high plateau area near the center surrounded by steeper slopes on the north and south. The majority of the site drains to the Route 7 corridor (92 acres). The site is approximately 50% wooded with hardwood forest cover. The upper plateau area has been cleared for fanning use. There are ten single-family uses located around the periphery of the project and three large farm uses to the north. The site exists within the Martinsburg shale geologic area of Frederick County similar to the geology of most prior development within the UDA. The site rises from a low elevation along Red Bud Run of 550 to a high of 667. A flood plain exists along the north boundary of Red Bud Run. The site is within the Frederick County SWSA and utility service is available to the site. Built out portions of the UDA can be found to the south of Route 7 • including Pioneer Heights, Blue Ridge Mobile Home Park, Shenandoah Hills and the Opequon Wastewater Treatment Facility. Utilization of the central portions of the site for single family uses and protecting the steeper slopes, woodlands and flood plain areas provide excellent natural buffers and a good environment for the proposed use. By reducing the possible density by proffer, excess lands are created which provides for a greenway corridor along Red Bud Run of at least 28 acres. This corridor, free and clear of ownership regulation by the zoning ordinance allows the Opportunity to preserve 3800 feet of Red Bud Run Stream Valley in its natural state with potential links to other preservation activities in the region. F91f; a 1�!tmol M-V A — -Y a Red But EXISTING CC ti STONEWALL MAGISTERIAL DISTRICT TOTAL STEEP SLOPES (f25%) Steno ON—S/TE = 9.75 Ac. l h'°oa Lot Limits ® Steep Slope Area W °OdsMill l?o od Rfe:_ i :66b, 100 Year F oo pla n, , hl0 ..Frederick Co. Schools 6 6: _ = Figure 6 Red Bud Run gilbert w. clifford associates, inc. r oLOCATION OF STEEP SLOPES I FmOneers Lana Planners water Quality 117 E. Picadiity St. Winchester, Virginia 22601 v I STONEWALL M4G'ISTERIAL DISTRICT FREDERICK COUNTY, WROINIA1 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL: gwdiff@mnsinc.com 0 • • Red Brut Run • D. Traffic • Impact Analysis Stalemenl Current traffic counts on U.S. Route 7 at Woods Mill Road are 9,928 (WBL) and 12,243 (EBL) trips per day. Route 7 is a four lane divided highway and has an excellent capability to handle the additional trips created by this project. At 2.3 dwelling units per acre the site can yield up to 350 homes sites. Single family use at the site has been limited by proffer to 300 homes. ITE traffic generation for this density predicts 3,000 TPD to be created as a result of this rezoning. See Figure 8 for the proposed area transportation plan for this project. In order to mitigate traffic impacts for this land use change, an extensive improvement project has been proposed and has received conceptual approval by VDOT (See Figure 9). This plan will include the improvement of Woods Mill Road to the Route 7 intersection and an improvement of Route 7 including eastbound on and off ramps and the provision of a stoplight for westbound traffic control. Also, a plan to limit • traffic on the Morgans Mill Road has been proposed. A minor collector roadway through the project will link the proposed school site with the improved Woods Mill Road corridor thereby allowing alternate access to the school site from the project, the Route 7 corridor and from the rural areas north of Red Bud Run. The attached Figure 8 shows current and future traffic patterns within Frederick County at this location. Figure 8 shows a significant recent development density of housing to the north, generally on 5 acre and larger lots. These lots continue to be developed without plan for impact on area roadways and without funding for mitigating improvements. The transportation proffers contained in this rezoning petition will provide improved safety by public offsite improvements which will have a positive impact on all uses north of U.S. Route 7. Attached is correspondence with VDOT. VDOT has provided wording utilized in the proffer statement regarding the proposed transportation improvements. The transportation study of Patton Harris Rust & Associates is included as an addendum to this section of the impact analysis. 0 • A r I ROADTO SCHOOLS TION •�'� r Schools IMPROVED WOODS MILL ROAD - -r'r— --_ Project Si ' MHP r IMPROVED f c t INTERSECTION ' ---_ W WTP J- ` •• •' r � f r •\. RED BUD RUN PROPOSED AREA TRANSPORTATION PLAN COUNTY OF FREDERICK, VIRG241A Figure 8 gilbert w. clifford & associates, inn. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff ,mnsinc.com 0 • 4 4 \\ f1 • �71 � 7 MEMEMMEMNINOW-01OLM,MOE ME MEMMEMONAPPOAPEN1ON-0,10- MEN 0M00 no ■ ME&E."'No-MMIN . i MEME MEMMEMEMEMIMME MEMEMEMEMINER ��■■ II 'ArP_ AP APi ti • • • A --Mm-- 5 so 1111- Red Bud Run TRANSPORTATION PATTERN MAGISTER/AL DISTRICT FREDERICK COUNTY. KRG/N/A Figure 1 0-2 gilbert w. Clifford associates, inc. En&eers r.43na PWmers water Quality 117 E. Picodill St. Winchester, Yrginio 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwdiff®mnsinc.com 4128102 • Rte 7 Work Estimate Red Bud Rezoning Work Item Qty Unit Cost Total New ramp & grading 1800 $125 $225,000 Stop light $80,000 Rt turn lanes 3 $20,000 $60,000 Widen Rte 660 1000 $65 $65,000 Guard Rail 800 $15 $12,000 Traffic Control 120 $240 $28,800 Drainage 400 $60 $24,000 Contingency $50,000 TOTAL $544,800 • • G.W.Clifford and Assoc., Inc r-7 U Red Bud Run • E. Sewage Conveyance and Treatment 4 /mIxicl Aiialyvis SlWemen! Attached Figure I I shows the plan for providing gravity sewer service to the subject site. The Frederick County Sanitation Authority facilities are located on the Blue Ridge Mobile Home Park site. An offsite sewer - system will be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. A cooperative effort among property owners in this area has been proposed. A sewage lift station is required for utilization of the Blue Ridge Mobile Home Park sewer and this station will also service lower portions of this existing project which are presently unserved with sewer. The Frederick County Sanitation Authority has recently negotiated capacity in the Opequon Regional Wastewater Treatment Plant that will handle this project as well as future growth in the urban development area. Sewer- service needs for this project are estimated to be 60,000 gpd at build out, based on the Authority average of 200 gpd per residential unit. • The sewage lift station is required to pump a minimum of 120 gpm to serve the development and a small section of lots in the Blue Ridge Park. The force main will pump to an existing 8" sewer line (about 1,000') which has a capacity of 340 gpm and is less than 100 gpm flow at present. Preliminary sizing of the pump station will be 180 gpm and the force main will be 6". 0 0 • deep wood o O fil a� 66N - FREDERICK COUNTY, l9RGINb4 gilbert w. clifford Figure I I k& associates, inc. Engineers Land Planners Water Quality 117 E. Piwdill SL tfnchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcliff®mnsinc.com • Red Bud Run • F. Water Supply Impncl Analysis Slalemeni Water supply would be extended from a water main located to the south of Route 7 and presently serving the Blue Ridge Mobile Home Park. Also a water loop would be established through the site to the school site located on the north. Water mains will follow roadways within the project and provide internal looping in accord with FCSA policy. Residential fire protection will be provided by hydrant locations strategically located within the development. Static water pressures will vary from 50 psi to 90 psi based on elevation of the use. A preliminary plan for water improvements is shown as Figure 12. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to this project by the Frederick County Sanitation Authority. • 0 Red Bud Run 0 Impact Anal),sis Slalemenl • G. Site Drainage This project will employ a curb and gutter drainage system with connecting storm sewers which drain primarily to Ash Hollow Run and Red Bud Run both of which discharge to Opequon Creek. Stone water management basins will be installed to meet objectives of state and local drainage law. In addition, those minor improved areas which discharge to the Red Bud Run Watershed will receive the best available management of silt and nutrient loading required by Virginia law for any watershed in the state. Preliminary locations for basins have been selected and shown along with drainage divides on Figure 13. Stone water detention and controlled release will allow proper function of downstream drainage facilities. Improvements to existing facilities may also be necessary based on final design. • There are no unusual drainage issues or impacts that cannot be mitigated by proper design of this project. The intent is to preserve and protect all state waters with special emphasis on drainage to the Red Bud Run Watershed. 40 f� Red Bud Rut C, • 0 H. Solid Waste Disposal Facilities /mpacl Anal)wis Slalemenl Solid waste is to be disposed by the individual homeowners at the Frederick County compactor site adjacent to the Greenwood Fire Hall on Route 656 (Greenwood Road). At the County estimate of per household solid waste generation of 10 Ibs per day, this project will generate 547 tons per year to the Count}, Landfill. • impact Analysis Slalemenl Red Bud Run • Historic Sites and Structures Figure 14 defines historic structures in the area which are listed on the County's historic inventory. A portion of the site of Woods Mill and Mill Race will be preserved by a preservation parcel in the development plan. Figures 15 and 16 depict the battlefield plans for the Second and Third Battle of Winchester, which do impact the subject site. A close review of available accounts of the second battle indicates troop movements, primarily flanking maneuvers, used Berryville Pike (Route 7) and Woods Mill Road as a course of the battle. The Third Battle (Battle of the Opequon) was intense with the majority of General Sheridan's troops moving along Berryville Pike in the morning of September 19, 1864. This movement met stiff resistance from a single brigade of CSA troops commanded by General Ramseur from the vicinity • of the ridge to the south of the "Berryville Canyon," in areas which are now Pioneer Heights and Shenandoah Hills. Contrary to the plan for battle, Union forward elements carried wagons which significantly slowed the Union advance. The National Park Service has designated portions of the McTiernan land as core battlefield. The Third Battle, in the afternoon to the west of this site, resulted in a major confrontation between the two armies with many casualties. The action resulted in a major defeat of General Early's command which began the end of Confederate power in the Shenandoah Valley and likely contributed to the reelection of Abraham Lincoln. To mitigate impacts on the effects of historical interpretation of the battles an open space plan has been created, using topographic and vegetative buffers. Open space planning for the project will provide an environmental and historical preservation corridor along Red Bud Run and along Virginia Route 7 corridor. Figure 17 shows a preliminary plan of this approach. Approximately 33.1 % of this site will be preserved. 0 • /nrpac7 Ancrlysi.r.S'lrnenren! Red Bud Run • The special sensitivity created by the core designation required special analysis. To provide needed insight in this plan, Mr. Lynn Sims a Professor of History at the University of Richmond and former U.S. Army Historian was engaged to perform terrain walk and research into specifics of Civil War History and the site of this rezoning. Dr. Sims has provided a summary and detailed description of the battle along with an analysis of the importance of this 157 acre site. It is clear that the limited activity occurring on the McTiernan property significantly reduces the value of the site for preservation services. The location of the site in proximity to VA Route 7 requires special setbacks and buffers for visual purposes and these have been provided. Comments were sought during agency reviews including hearing before the HRAB. The need for special preservation recommendations were specifically requested but none have been offered, except for the entire set aside of the parcel for preservation purposes. The disconnect between this site and the primary battlefield area and the construction for two major school facilities on the Red Bud Elementary/Millbrook High School site in between make this a poor candidate for the expenditure of public funds to purchase the McTiernan Tract. The fact that the site exists within the Urban Development Area identified by the Frederick County Comprehensive Plan and can provide quality and needed housing • inventory in support of the plan significantly overshadows the need for this site to be acquired for historic preservation in view of the facts involved with Civil War activity on this site. The applicant is in support of the initiatives being pursued by the historic preservation efforts in Frederick County and is willing to accommodate reasonable recommendations to protect view sheds and/or provide interpretive value to the program. 0 0 e 0� °. I ' wOpds Mfp RO° r' ; R d (t V I Y 41 ~ , :11,57 '1 BI 1147 - ' ' _; i ' I758 ;, M 66,- o r al, 00 i ff 066 Pioneer Height$ 1} - s $6 _Erederick Co. ,Schools Red Bud Run RURAL LANDMARKS PLAN O N STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA gilbert w. clifford Figure 14 associates, inc. Engineers Land Planners Water Quality 117 E Picodlty St. Vinchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 BWL gwcliff®mnsinc.com V ,LLEY BATTLLFiL'_D? N;A T,CNO WSTORiC= D;S7 RIC-r • • • K7 •r. 1ep l.�—d i L+nry. l/= $ C1.0 W1 — h..od S.— Srw.r.t g." I .. , � - .. � Sw+.MF Sr•urr.T.'h.urn . i W—hernr . roaar.,.r R,dn•d SaepH.•+sa• \ Bi Sbae7 W{Ic. __ S22 IrMrm..r Rued •' S.,k....s'bce'ttt.i� Ivd,r. S'Or^'D f t kv Farr /, bvr \ 4r hilt' r d♦ Fret `4 CeMr Wd Ow Lr.n I ^ �r — L Fes- CM Wr 6.100%1.1 LaW<p Arrl}.4 5 MILE ,( 30LOOQ'FEET l r• a .v.�. •...1i.1� IWelend M•re.e Dn l Crn.+wnnr „spy.. Lbrr.es,en SFv*` YwoeW hrk S....c. Srud2 &FOA. , Map E-8 qure 15 Second Winchester Battlefield � 0 Ile 501ACES S —T.. n�.v �.nr� �M �..•a�u� nano•. 7.:.r: 'u+v+w -.;,'M'd'< .b-•++c-.^ i+.[.�e N.wid nv� L..,<. L.d. nl l.d`wb. 4.. A /1 Map E-I0 "y",C ,u Third Winchester (Opequon) Battlefield � 0 0 • • SUMMATION OF THIRD WINCHESTER FROM PUBLISHED SOURCES As far back as the spring of 1862, the Union attempted to control the Shenandoah Valley, shutting it off as an invasion route to Washington, D.C.. In 1862 Lt. Gen. Thomas J. "Stonewall" Jackson did not attempt to seize the Union capital, but frustrated several Yankee armies in his brilliant Valley Campaign. In the summer of 1863, a token Union force had been pushed back as the Confederates moved north eventually into Pennsylvania. In a four -day period in September 1864, Phil Sheridan accomplished what Federal forces had not been able to do previously in the war. When Grant took control of all Union armies in the spring of 1864, it was the first time the Union had a chance of ending hostilities. Students of war recognize the best target to end a war is to destroy the will or morale of the enemy, soldiers and citizens. The second best target is to destroy the logistics or supplies of the opposing army, while the least effective way to victory is to defeat an enemy on the battlefield. In 1864 Grant himself would go after the South's logistics by pushing Lee's army back on Richmond. When Lee was defending the Confederate capital, Grant shifted his army across the James River and attack Petersburg. There were five railroads coming into Petersburg from the South and one from there to Richmond. Eventually Grant lay siege to Petersburg and worked his army south and west around the town until the railroads were cut and Lee was forced to evacuate westward. • To destroy the Southern will Grant directed Sherman to cut loose from his supply base in Tennessee and drive through Georgia. In the process he destroyed much of the state and brought the war to the population of the deep South which had never seen war. Soldiers in Lee's army from Georgia and the Carolinas were affected and wanted to go home, make sure their families were all right, then return to the army. When Sherman hit the coast at Savannah he turned north and caused more destruction in the Carolinas, especially in South Carolina as the North generally believed that state started the war. With the will and logistics of the South under pressure, Grant also had Banks put pressure on Confederate armies in the west, and Butler was supposed to cut the rail he from Petersburg to Richmond, but never did. Previously, Union efforts in the Valley had failed when Union Gen. Franz Sigel lost at New Market on 15 May 1864. Early's Confederates had pushed as far as the outskirts of Washington before being turned back in mid -July. After two more Southern victories in the lower Shenandoah Valley, Grant responded in early August by naming Maj. Gen. Phil Sheridan to command a newly organized force, Middle Military Division, in the Valley. Grant wanted Sheridan to destroy Early's force, eliminate the Valley as a food source and join him in Petersburg to finish off Lee's army. This campaign was an integral part of Grant's overall strategy to destroy the South's will and suppliers, which today would be called a theater of operations. Sheridan pounced on Early's army on 19 September at Winchester. The Battle of Third Winchester, also called Opequon, was the bloodiest of the many battles fought in • the Shenandoah Valley during the War. Sheridan had waited until mid -September, then made his move. Early, who had unwisely advanced north and east of Winchester, was outnumbered by Sheridan nearly 3 • • to 1. On the morning of 19 September 1864, Sheridan sent his infantry west towards Winchester, while Federal cavalry held Early's attention north of town. The Federal advance along the Berryville Pike was slow, giving Early enough time to reassemble his forces closer to Winchester. Early's army of 14,000 fought well and stubbornly, but eventually overwhelming Federal numbers made the difference. At one point, a stunning counter-attack by Major Generals John B. Gordon's and Robert Rodes's divisions, aimed at a gap between the Federal VI and M Corps, threatened to turn a Union victory into disaster. Federal reinforcements eventually closed ranks, and when all of Sheridan's 35,000 men were in position, the result was inevitable. The Federals rolled up the Confederate line and drove Early's force through the streets of Winchester. Early's army lost over 4,000 men at Third Winchester, while Sheridan suffered over 5,000 casualties. The Federal victory at Third Winchester effectively sealed the Confederacy's fate in the Valley. Although Early would strike again, exactly one month later at Cedar Creek, Early's depleted army could do little to stop Sheridan. The most severe fighting and casualties occurred in the large land parcel east of I- 81, north of route. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most bloody fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Bam site at the entrance to Winchester Mall. • 0 • Detailed description of the battle. Phase One. Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon. He was followed by the US VI and XIX Corps, and Crook's Corps. At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back. Johnson's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Bam. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. About 0200 hours Brig. Gen. Wesley Merritt's U.S. cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades opposed their crossings. The Reserve brigade (Lowell) pushed across at Seivei's Ford against some opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the • western bank. By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Merritt's division moved forward. Waiting for them was Wharton's CS infantry division about a mile west of the fords, deployed across the roads, in woods and behind stone fences. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Oster launched a mounted attack but was repulsed. About noon, Sheridan's main infantry attack had begun, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward on Charles Town Road. Custer followed the lime of the Winchester & Potomac Railroad. About 1400 hours Merritt's division joined with Averell's cavalry division on the Valley Pike near Stephenson's Depot. Phase Three. In the meantime, the Union infantry had bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detail. Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Getty's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Gettys right and extending to Redbud Run. Russell's division was in reserve. The M Corps composed of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right. Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm. As the US infantry • deployed, the CS batteries opened fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. • Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the line across the Hackwood Farm to Redbud Run. Wharton's infantry and Fitz Lee's cavalry division formed a line across the Valley Pike north of town near Stephenson's Depot. CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing continued along Ramseur's front. Phase Four. At 1140 hours, a US signal gun sounded and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking line. Birge's brigade reached the woods, driving back skirmishers, but then came up against Gordon's main line and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense Molineux's flanks seemed to "melt away." Shunk's brigade was committed to bolster the wavering Union line, coming in on Molineux's right rear. Shunk closed to within sixty yards of the CS line in is the Second Woods. The two lines delivered pointblank volleys into each other. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Cpt. James Breathed) north of Redbud Run again worked over the retreating division. Every regimental commander in Grover's division was killed or wounded; casualties totaled nearly 1,500. Beal's brigade of Dwight's division deployed in the tree line at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat. Gordon's men waiting along the tree line of the Second Woods laid down a murderous fire. The Union brigade did not come within 200 yards of the Second Woods before being pinned down. They expended of their ammunition before retreating back to the First 'Woods. The 114th New York suffered 60 percent casualties (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8th VT and 12th CT) clung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was over and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. Phase Five. At 1140 in conjunction with the XIX Corps' advance on the right, Getvs and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was on high ground, stretching from the Dinkle Barn south behind Abrams Creek. • Ricketts' division on the right was to guide its attack on the Berryville Pike, which took a sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right. Keifer's and Emerson's 0 • • brigades ruptured the Confederate center at the Dinkle Barn and moved to capture a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six. Just as Ramseur's left flank gave way under Union pressure, Maj. Gen. Robert E. Rodes brought his division forward from the West Woods. About 1330 hours he launched a devastating counterattack into the gap between the VI and XIX Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapneL He fell somewhere along the wood line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Hill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right. General Russell, while directing these maneuvers, fell mortally wounded. The two brigades struck Baffle's Alabamians head-on and stopped them, then drove them back to the edge of the West Woods. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions--Rodes' and Russell's --closed, exchanging murderous volleys. Upton's charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn to regroup. Gen. Wright called Upton's attack the turning point of the battle. • Phase Seven. Concurrent with the above events there was a cavalry fight along the Valley Pike north of Winchester. About 0500 hours a Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action. At Bunker Hill the 23d VA were reinforced by the 62nd Virginia mounted infantry. About 1000 hours, Union cavalry attacked Bunker Hill, forcing the CS cavalry to retire. Averell continued, pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's CS brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23d VA cavalry and the 62nd VA mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to a lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades (Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in line of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road. Phase Eight. About 1300 hours, Sheridan directed Crook's corps of two divisions (Thoburn and Duval) to advance from its reserve position near Spout Spring. The • divisions marched to near the "Factory" on Redbud Run, where they split. Thobum's division moved west on the south bank of Redbud into the First Woods to relieve the XIX • 0 • Corps. Duval's division crossed the run and turned west accompanied by the artillery of Capt. Henry DuPont. Duval's division deployed near the Huntsberry House. DuPont unlimbered 18 guns on what is now DuPont Hill, opposite Gordon's flank in the Second Woods and opened fire. Crook ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turned Gordon's flank and advanced against Wharton's line, stretching from Collier Redoubt east. About this time, Thoburn's division charged out of the First Woods into the Middle Field. This two - pronged assault forced Gordon to abandon the Second Woods and align himself with Breckinridge's units to his left rear. The CS line was now drawn into a compact L-shape, anchored by cavalry at Star Fort. Wharton's division faced north. Gordon's division made the turn of the L and Rodes' and Ramseur's divisions extended the line south to Abrams Creek. Phase Nine. With the success of Crook's attack on the right, Sheridan ordered a general advance against the CS position on the plateau just north and east of the town. The Confederates were behind stone fences, rail barricades, and in shallow earthworks. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing became fierce. The artillery of both sides fired case shot and canister. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and then at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort. Schoonmaker's • brigade of Averell's division repeatedly attacked Munford's cavalry at Star Fort, eventually overrunning the work. The CS infantry withdrew to another line about 150 yards to the rear but the damage had been done. The sound of Union cavalry pounding behind them spread panic along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Rodes's division, now commanded by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. General Early fashioned a defensive line at Kernstown (probably at Pritchard's Hill and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this new CS defense as night fell, but the US forces were disorganized by success, and could not mount a pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe nearly every sizeable structure in Winchester served as a hospital. 0 • This 222 acre property, marked by gentle, rolling hills and woods, is one of the few remaining vestiges of the battlefield. During the battle, heavy fighting occurred on the site, as John B. Gordon's Confederates drove a wedge between the Federal XIX and VI Corps, temporarily stymieing the Union advance. Gordon's division drove through part of this property and Federal counter-attacks moved across this ground shortly thereafter. Gentle rolling hills and wood lots are a feature of this site, and except for the proximity of Interstate 81, one can imagine the events of 19 September 1864. It is one of the few pieces of the Third Winchester battlefield which still remains. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on route. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where route 656 crosses Redbud Run; an old log house where route 659 crosses Redbud Run; Brumley House; Valley NO Farm; Jordan Springs; and Tanquary House. The Hackwood Estate dates from 1777, a historic treasure in its own right. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected. Although hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off route 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is • intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall. The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence next to the road in the midst of Fort Collier Business/Industrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the battle's later phases. 0 • 0 • Third Winchester Questions: Is the land north of Route 7 between routes 660 on the east and 656 on the west adjacent to the Berryville Pike Canyon part of the "core" battlefield as noted on the map E-10 in the September 2000 "Shenandoah Valle, Battlefields National Historic District" (SVB), and again noted in "Third Winchester (Opequon) Battlefield Preservation Plan" (BPP) dated 8 June 1999. (figure 1-2) Is it even part of the battle's "study area?" Answer: The land in question is not part of the core battlefield nor is it part of the stud, area of the battle. The SVB definition of "core" is buttlefiehl lancls vi,here fighting occurrecl, and the definition of "study area" is surro111zcling the core fighting areas. (p. v) In BPP the definition of "core area" is areas of confrontational cleployr11e11t, hecivie'st fighting, caul most severe eusucilties. Also in BPP the definition of "study arec1 " is lclncl that "encorllpass'es all importunt conlponents of the colllliet... approach routes, ureic of troop 11101TMe11ts. (P. I-') Maps from the BPP show the area under consideration is not part of the Recommended Preservation Area, (Figure 6-2) which does not show any piece of the parcel as part of any preservation area. The Battlefield Interpretive & Management Plan, • (Figure 7-1) shows the interpretation area beginning west of the parcel of land. Figure 4- 4, Roadway Viewsheds, shows the parcel can not be seen from the canyon road, which is certainly a study area because it was the main Federal approach. Figure 5-1, the Driving Tour, shows the planned tour route and any stop location also not close to the property. From the reports, (SVB &. BPP) and a reading of the historical data, the area in question is not part of the "study area" and certainly not part of the "core" battlefield of Third Winchester. The area in question may have had some Federal soldiers cross it in an east to west direction. It could have been a haven for those Federals not wanting to join the advance. Federal horsemen or messengers may have crossed it, but not in a planned maneuver. The land was part of the backwash of the confused movement to contact by the Federals down the Berryville Pike, and not contested by the Confederates. The following is the historical backup: From the Winchester BPP, Prepared by Frederick County Department of Planning & Development. The presence of developed secondary roads along Red Bud Run and along Abrarn's Creek is particularly interesting to Sheridan's tactics because of his failure to utilize them. (p. 2-5) While there can be little question Sheridan knew of these roads... • he chose to stack his three corps of infantry into Berryville Pike and through the Berryville Canyon. (p. 2-6) • Elisha Hunt Rhodes who was Nwith Russells Federal Division 6`' Corps, described the main battlefield area west of the Berryville Canyon in the following way. (p. 2-6) The Federal Van called for a thrust westward from Berryville down the pike to Winchester by the 6" and 19`f' corps preceded by cavalry. This force would clear the Berryville Canyon, a potential choke point beginning just west of the pike's crossing Opequon Creek. (p. 2-9) Wilson's Cavalry sped through the canyon and successfully surprised Ramseur's Confederate pickets forcing them to withdraw, allowing the Union 6`f' Corps to deploy to the Confederate front. At the same time Sheridan's insistence upon using this as the single line of access to Winchester and General Wright's failure to obey Sheridan's orders concerning his trains, caused this to become a bottleneck which hindered the rapid Union deployment. (p. 3-2) The large number of vehicles created a massive traffic jam, which caused hours of frustrating delays, reduced the amount of artillery that could get through to support the forward infantry and, most importantly, gave ,lubal Early time to recall his scattered divisions and make a fight of it. (p. 2-10) When Sheridan finally attacked in earnest a little before noon, the 6"' Corps advanced along the axis of the Berryville Pike while the 19'f' Corps staged in the so-called first woods between Ash Hollow and Red Bud Run. Advancing up a gentle slope, the attacking federal corps gradually began to move apart • from each other. (p. 2-13) These quotes describe the action west of the canyon's mouth and the route of advance being wholly in the canyon with the Federals not deviating from the canyon road until they came upon a "gentle" slope... Priman, sources confinn the BPP report: Fortunately for Ramseur, the Federals chose to approach the field through a narrow, wooded, two -mile -long canyon and got themselves into such a tangle that it was after 1 1:00•a.m. before they were fully deployed. Robert D. ,Johnston's brigade conducted a skillful fighting withdrawal from a point near the mouth of the canyon. At last with his army in position, Sheridan ordered an attack at 1 1:40. XIX Corps plowed into Gordon's line and two VI Corps divisions under Ricketts and Getty stormed forward against Rodes and Ramseur. Wilson's cavalry had orders to turn the Confederate right so he Gwent South. (Unit History 54"' NC, p. 225-6) The Third Battle of Winchester started 19 September on a line across the Berryville Road. Ramseur (Confederate) began skirmishing with an approaching heavy force; one and one-half miles east of Winchester. This line was on a plateau between Abrams Creek and Red Bud Run. The Federals attacked the camp at daylight. Our brigade was placed in line of battle on the right at about 10:00 and was ordered to the left • to support Johnston's brigade. (Unit History 31" VA, p.78) • • Around 11:00 the I')"' Virginia joined in a movement by the right flank and took position behind piled rails left of the Berryville Pike. (Unit History, 13`h VA, p. 57) Ramseur's division, numbering only 1,700 men, was all that stood between Winchester and two Federal Corps. Pegram's men held their ground as long as possible, but were forced back, as Union regiments worked their way around either flank of the brigade. (Unit History, 580i VA, p. 70) Fortunately for Ramseur, the rederals chose to approach the field through a narrow wooded, tNvo-mile long canyon and got them selves into such a tangle... Robert Johnson's Brigade conducted a skillful withdrawal from a point near the mouth of the canyon. (North Carolina Troops, 1861-1865; 54'h Regiment N.C. Troops p. 225) Ramseur's thin division was called upon to stop two Federal army corps.(52d Virginia Unit History p. 71) Ramseur's division numbering only 1,700 men was all that stood between Winchester and two Federal corps.. The Virginians fell back in good order. (Unit History 5'h VA, p. 70) Around I l a.m. the 13't' Virginia joined in a movement by the right flank and took positions behind piled rails left of the Berryville Pike.(Unit History, 13i1' VA, p. 57) • The Third Battle of Winchester started on 19 September with and on a p line across the Berryville Road. Ramseur began skirmishing with an approaching heavy force, one and one half miles east of Winchester. This line was on a plateau between Abram's Creek and Red Bud Run. (Unit History, 3 Is' VA, p. 78) On the left of the Confederate line were breastworks of stone thrown up. The underbrush our men had to advance through necessarily disorganized their ranks... The road from the Opequon up to the battlefield was a Jain of ambulances... so the troops could not march on the road About one division marched on either side of the road, and met with more or less delay. (General George Crook, His Autobiography p.126) Secondary sources confirm the BPP report: The Confederates used Opequon Creek in their screening plans but it was too far away to emplace extensive defensive works on. The terrain favored cavalry. The Confederates benefited from better roads. Sheridan confined his main attack to the Berryville Pike and the ravine it went through. The restrictive canyon was the most influential piece of terrain of the battle. (Outline of Third Winchester, 19 Sept 1864) «'ilson's Cavalry moved rapidly through Berryville Canyon and attacked • Ramseur's advanced brigades, which were in earthworks astride the Berryville Road. Wilson took this position frorn the Confederates and held against several counterattacks • • • until Vi Corps relieved him. Johnson's Confederate Cavalry brigade after screening at the Opequon and in front of Ramseur, fell back on either of Ramseur's flanks. When Emory tried to bring his Federal XIX Corps up he found the gorge, with its steep, tree -covered slopes rising sharply on either side of the pike, completely blocked by the supply and ammunition wagons of the VI Corps, despite Sheridan's specific order that the wagons should be held cast of Opequon Creek until the XIX Corps was in position. Even the slopes were clogged, one soldier remembered, with `the hundreds of men who belong to an army but never fight —the cooks, the officers' servants, the hospital gangs, the quartermaster people, the present sick and the habitual `skulkers.' Ramseur withdrew slowly until about 10:00 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XIX Corps curl around Ramseur's left, Early placed Gordon on the extreme left, and when Rodes arrived he went between Gordon and Ramseur. The Confederates attacked just after 1 1:00 and caught Emory's corps just corning into line and thus off -balance. The original Berryville Pike was along the East bound lane of Route 7. In the West bound lane you are high up on the canyon's northern bank and should be able to appreciate the cause and extent of the "traffic jam" that snarled Sheridan's advance that morning. Federal Captain Deforest called the confusion in the canyon "stupendous oversight." VI Corps wagons blocked the passage of XIX Corps for hours. The men were forced into woods on the steep hillsides and the chance of taking Early before he • could concentrate was utterly lost. (Third Winchester by Roger Delauter, Jr. p. 81) Sheridan's plan was for VI Corps to reach the open country just east of NAlinchester and form battle lines. XIX Corps was to cross the Opequon and place itself under the command of Wright, leading VI Corps. The initial phase was from dawn to about 1 1:00 a.m. and took place in the canyon along the main approach to Winchester from Berryville. The second phase was from 1 1:40 to mid -afternoon and fought between Berryville Pike and Red Bud Run. This was the bloodiest phase of the battle, north of the pike as far as the Red Bud. Ramseur's Division guarded the Berryville Pike. Wilson came on with 3,300 Union cavalry, crossed Opequon Creek unopposed. The first shots of the battle were from 23d NC pickets firing on Wilson's men. Ramseur had been on the Pike for two days, now behind earthworks. The North Carolina unit would halt, face to the rear rank, wait until the Federal Cavalry got to within 100 yards then fire, the cavalry would break up, reform and repeat the action. Eventually Wilson's men captured the Confederate earthworks just south of the pike close to the canyon's mouth. Ramseur's men formed up on the open plateau beyond the canyon's mouth. The Berryville Pike was now open. Sheridan himself rode through and waited for the VI Corps to exit the canyon. VI Corps' advance was at a crawl and they had brought their wagons against orders which hampered the advance of the XIX Corps for hours. XIX Corps was forced on the nearly impassable hillsides. Coming back east was Wilson's wounded and some Confederate prisoners, which further confused the situation. On the right and left endless lines of infantry struggled through underbrush. Sheridan could • do little to unsnarl the procession. (Third Winchester by Roger Delauter, Jr. p. 24-30) • Wilson's division led the Federal advance... Since only infantry could negotiate the ravine where it narrowed close to the town it was imperative that the cavalry capture the Confederate outposts at its mouth, enabling the foot soldiers to reach maneuverable terrain farther on. (Grant's Cavalryman The Life and Wars of General James H. Wilson, by E.G. Longacre p. 149-150) Sheridan's troopers had swarmed up out of a wooded ravine so quickly at daybreak that Johnston's pickets fired but a single round before falling back... Ramseur had deployed his full division. The line straddled the pike about a mile and a half east of Winchester on an elevated plateau between Red Bud Run and Abraham's Creek. Looking to his immediate front and right, Ramseur saw open country. From the Opequon to Ramseur's position much of the Berryville Pike ran through a ravine bordered by thick woods. Along this part of the road, the enemy, (rederals), might form in relative safety. (Stephen Dodson Ramseur, Lee's Gallant General by Gary Gallagher, p.140-141) The initial phase from dawn to about 1 Ia.m. took place along the main approach to Winchester from Berryville. The second phase, fought between 1 1:40 and mid- afternoon took place between the Berryville Pike and the Red Bud ... the Pike crosses the Opequon at Spout Springs Ford. West of the crossing as far almost as Winchester, the Pike passed through a narrow and wooded defile grandly known as the Berryville • Canyon. The canyon would be the scene for the first phase of the Battle of Winchester. Just to the west of the canyon's mouth the road crested an open plateau...(ThIrd Winchester, p. 23-31) Under pressure from Wright, Ramseur now withdrew slowly but skillfully until about 10 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XIX Corps debouching from the gorge and starting to curl around Ramseur's left ... (The Battle of Winchester, p. 40) The Federal VI Corps having driven Ramseur from his initial position, has to wait for about two hours while the XIX Corps struggles through the traffic jam in Berryville Canyon. (Map 3) The Third Winchester Battlefield proper is bounded by Red Bud Run on the north, Abram's Creek on the south, US Route 1 l to the west and VA Route 656 (Greenwood Road) to the east. (Map Set for the battle of Third Winchester, under the heading Terrain in Outline of the Battle of Winchester, VA, 19 Sept l 864) 0 • • Sum►nary From the historical record it appears the advancing Federal Army used the Berryville route, in the Ash Creek Canyon, part of the study area, exclusively as an avenue of approach and only after they exited the west end of the canyon did they deploy north and south to attack Confederate positions further west, toward Winchester. Sheridan chose to attack through Berryville Canyon with two corps, the VI and XIXth. The canyon became a jam of wagons and men going in both directions. Sheridan himself rode to the canyon and tried unsuccessfully to sort out the mess. I can find no record the Federals climbed the canyon's sides or any Federal unit left the canyon other than along the Berryville Pike. Because the canyon sides were shale and very steep and once on top of the canyon Confederate artillery would have fired on them. General Wilson's Cavalry captured the Confederate earthworks just west of the canyon near the pike, and the Confederates retired to a position of piled debris and rails astride the Berryville Road. After General Wilson over ran the first Confederate position, the Confederates selected a more protected position across the pike because initially they only had Ramseur's division of 1,700 to face two Federal Army Corps. If they had any hope of thwarting the Federal advance they needed the protection earthworks would give them. When VIII Corps, in reserve under General Crook, advanced, it too marched in the ravine on both side of the road. I can find no record of any fighting that took place above • the ravine to the north between Routes 660 and 656. Nor was it used for any activity defined under study area. The Berryville Pike from the Opequon to the western mouth of the canyon should be part of the battle study area as it is key terrain in understanding the battle. The land north of the canyon between Routes 656 and 660 is not a part of the study area or the battlefield core. Dr. Lynn L. Sims Historian • • Re(I Bud Run Impael Analysis Slcrlemeirl • J. Impact on Community Facilities Frederick County's capital impact model has been run to reflect the impacts associated with this project. Proffers have been created that intend to mitigate the associated impacts as presented. Additional impacts Nvill be realized by this project, namely: Schools - better access to Red Bud Run Elementary and Millbrook High School from areas north to Stephenson. Sheriff/Fire & Rescue — improved traffic control and safety and VA Route 7. Parks & Recreation — public access to the Red Bud Run preservation area. Solid Wastes - None • J Red Bred Run linl"clAnalysisSlcrlemew • K. Open Space Plan Single family projects with minimum 12,000 SF lots are required by ordinance to provide 15% of the total site in open spaces. Considering lands within this rezoning petition this requires 23.6 acres. The proposal brought forward in this petition provides land not needed for lots and roads totaling 52 acres or 33.1% of the site. (See Figure 17). This plans provides for 28.4 acres of land which is not encumbered by zoning ordinance regulations within the proposed RP zone. The normal lot density for 12,000 SF subdivisions historically in Frederick County has averaged 2.3 units per acre. The density of this proposal is 2.33 units per acre .with the removal of the 28.4 acres from the project. The purpose of 28.4 acres set aside is to provide for a stream preservation parcel to protect the Red Bud run stream channel and to provide an important new resource to the County comprehensive open space plan. The resulting 3800 linear feet of stream channel, much of it on both sides of the stream, can provide permanent protection for this natural resource. A number of site meetings with groups such as the Opequon Watershed Commission, Trout Unlimited, Virginia Department of Conservation and • Recreation, Frederick County Parks and Recreation has created a corridor boundary safe from intrusion and visually unimpaired by the proposed development. The preservationists are attempting to assemble other parcels along the stream, either by easement or fee, such that Red Bud Run can become a linear park setting from the spring heads near I-81 to its confluence with the Opequon (see Figure 18). The owner has decided to limit the normal development density in the proposed RP zone by 18% in order to support this important public project. This set aside is described in the proffer section of this application. 0 • t AREA 54IMMARY P14aECT a-8V SINCE- 23.6 Ac (15. air) S7WEAM P17fSE74ft�ATX,W PARC' L 294 Ac (M IX) 70TAL- 52 Ac (M IX) Rte6z S7R£4/ PAESERVA77O N PARCE1 (CofW a n raven Spoce to Include Primwva6on £ass " nt) NSA PR EECr OPDV SPACE � Frederick Co. Schools Red Bud Run oOPEN SPACE PLAN o ti STONEWALL MAGISTERIAL DISMICT FREDERICK Blu Ridge MHP % rypbbn &NYW AbV /Fbute 7 7 Total Project Area- 157.01 Ac. FI lire / 7 gilbert w. clifford associates, inc. Fminsers Land Plantim water Quality 117 E. Piwaly SL wnchesler, Vir4ria 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 E11AU gncWfOmnsinc.com jp -17 �c � �• _ / '� ''fit k - /Z t� �^ \ • \ ..+ � 1,� s I - - /•�(�.: r' "`� ' i i — � ems. L . 1 x I � r � r.,•naaal .R �. 1 Red Bud Run gilbert w. clifford associates, inc. II� 0 \ STREAM/HISTORIC PRESERVATION PLAN Engineers Land Planners Water Quality 117 L. Picodill St. frichester, Virginia 22601 O lZmA!FwA!i AIAG1STFRI,4I IXURICT FRF,f)FR.'CK COUNTY VIRGINIA \OICE: (540) 667-2139 FAX: (540) 665-0493 EIIML: gwcliff®mnsinc.com s • IV FREDERICK CO UNTY IMPACT MODEL 0 C, • VII SUR VEY PLA T & DEED 0 0 0 L L 1 oko-o-c 5 16 -41 'kb -,)&* PIN 55-A-107 121.5227 ACRES PLAT SHOWING THE LAND OF a. PATRICK A. MCTIERNAN & oN THOMAS A. MCTIERNAN 6 DEED BOOK 406 PAGE 631 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 20, 2002 SCALE: 1 "=500' DRAWING: 3830 0 0 L26 RSHEET 1 OF 2 --o- PIN 55-A-107A L31 L32- L3 L40 Lsy t J6 C. PIN 55-A-105----�-' C7 -0 LZ L44 0 S L4 L45 0 - - ----- --- L3 0 L2 ROUTE _0 �-4 - 500 0 500 SCALE: 1" = 500' L59 V33460 351 6'J-58 61 0- �,46 5 7 So t6l, C `156 C) o 00 L 5 5 154 �53 L52 0 ti PIN 55-A-106 u 34.1603 ACRES in 0 CD ---- ------ L72 L70 #9 • a C'I IRVF TARI F CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 06°36'00' 3744.72' 431.36' 215.92' 431.12' 1 N63'07'12'W fm1NNCal LINE BEARING DISTANCE L1 N65°02'19'W 450.44' L2 N69°04'36'W 400.23' L3 N66°47'32'W 456,76' L4 N73°35'31'W 295.24' L5 N56°13'33'W 101.92' L6 N76°08'23'W 101.10, L7 N66°25'12'W 723.17' L8 N25°38'28'E 38.82' L9 N25°51'27'E 774.51' L10 N24°34'59'E 555.11' Lil N17°19'20'W 150.00' L12 N24°15'59'E 119.08, L13 N35°18'55'E 68.26' L14 N76°20'54'E 123,97' L15 S88°49'57'E 82.45' L16 N87'23'24'E 77.74' L17 N87°37'32'E 165.57' L18 N13°23'13'E 48.32' L19 N19°15'15'E 21.89' L20 S89°49'48'E 185.30' L21 N47°28'21'E 139.15' L22 S45°59'55'E 548.49' L23 S42*01'52'E 470.19' L24 S60°32'00'E 329.00' L25 S68°24'11'E 188.49' Imfm"Cws LINE BEARING DISTANCE L26 S64°59'53'E 92.96' L27 S61°34'03'E 460.83' L28 S52°05'27'E 199.57' L29 S47°42'48'E 97.39' L30 S46'37'08'E 66.58' L31 S22°59'59'W 76.09' L32 S22°59'10'W 25.15' L33 S54°45'31'E A3.24' L34 S11°30'08'W 47.12' L35 S19°04'45'W 105.75' L36 S22°46'49'W 96.34, L37 S27°45'19'W 108.67' L38 S27°10'39'W 100,48' L39 S24°32'25'W 144.05' L40 S22°40'35'W 58.54' L41 N66°00'53'W 184.40' L42 S17°38'16'W 137.72' L43 S20'13'50'E 287.13' L44 S18°01'57'W 105.40' L45 N72°39'10'W 5.00' L46 S18°52'26'W 98.68' L47 S25°52'26'W 221.36' L46 S80°54'13'W 64.08' L49 N14°51'35'E 3 L50 N72°39'10'W NOTES: 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT WAS TAKEN FROM METES AND BOUNDS DESCRIPTIONS MADE BY JOHN W. VEATCH, L.S. AND RECORDED IN DEED BOOK 406 AT PAGES 633 THROUGH 635. NO FIELD RUN BOUNDARY SURVEY OF THE LAND SHOWN HEREON WAS MADE OR IMPLIED. I INF TART F LINE BEARING DISTANCE L51 N18'01'57'E 344,33' L52 N20°34'02'E 101.05' L53 N22°40'35'E 57.64' L54 N24°32'25'E 143.28' L55 N27°10'39'E 99.16' L56 N27°45'19'E 110.24' L57 N22°46'49'E 99,46' L58 N19°04'45'E 109.71' L59 Nll'30'08'E 32.15' L60 S54°45'31'E 333.75' L61 S66°08'36'E 156.26' L62 S06°23'32'E 77.78' L63 S89°54'57'E 136.13' L64 N36°30'09'E 28,38' L65 S51'29'14'E 108.83' L66 N73°17'57'E 72.41' L67 S61'11'12'E 243.51' L68 S02°51'56'E 55.21' L69 N80'52'18'W 15.57' L70 N76°14'19'W 424.33' L71 N63°23'41'W 274.52' L72 N77°10'06'W 373.68' L73 N26°56'29'W 54,18' 24,59' PLAT SHOWING 5.00' THE LAND OF PATR CK A. MCT ERNAN THOMAS A. MCT ERNAN DEED BOOK 406 PAGE 631 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 20, 2002 SCALE: 1 "=500' DRAWING: 3830 SHEET 2 OF 2 • 0 • C, E • • • #1108 " PHYLLIS L. MCTIERNA " TO: DEED F GIFT Y PATRICK A. MCTIERNAN, ET 'AL eou •109 ,1-v 631 THIS DEED OF GIFT, made and dated this 9th day of April, 1973, by and between Phyllis L. McTiernan, Widow, party of the first part hereinafter called the Grantor, and Patrick A. McTiernan and Thomas M. McTiernan, parties of the second part hereinafter called the Grantees. WITNESSETH: That for and in consideration of the mutual love and affection that the parties hereto have for each other, the Grantor does hereby grant and convey unto the Grantees, jointly, in fee simple, as tenants in common, all of the following described realty, to -wit: Parcel One: All of that certain tract or parcel of land lying and being situate about 3� miles East of Winchester on the North side of the Winchester and Berryville Turnpike, and containing approxi- mately 176 acres, and being the same tract of land that was conveyed to Patrick J. McTiernan by deed of Henry J. Brawley and wife dated January 16, 1933, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 165, Page 179. Parcel Two: All of those.two certain tracts or parcels of land described as being on the North banks of Red Bud Road adjoining Parcel One aforesaid, containing 5 acres and 23 square poles, more or less, according to a survey made by Walker Mc. C Bond, Surveyor, and attached to that certain deed from Harry C. Miller and wife to J. Patrick - McTiernan and Phyllis McTiernan dated March 15, 1944, and of record in the said Clerk's Office in Deed Book 189, Page 84, the said J. Patrick McTiernan having died June 19, 1959 and Phyllis McTiernan, being one and the same person as Phyllis L. McTiernan, Widow. From said conveyance has been conveyed certain con- M A,[I[ 1.[ lYA[% .�...m" �veyances to Virginia Department of Highways along Route 7, Route nw uu.. e».uu I 660, Route 661 and Route 656. :3 z., • ti • E Buy 105 ou 17,31", That said land has now been surveyed by John W. Veatch of Trico Associates, Inc., and the plat and description to said land is attached hereto and made a part hereof for more particular description of the land herein conveyed, consisting of Parcel A on said plat of 123.5227 acres and Parcel B of 34.1603 acres for a total of 157.68 acres. The Grantor covenants that she has a right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances; That the Grantor has done no act to encumber said land, and that she will execute such further assurances of title as may be requisite. WITNESS the following signature and seal: SM Phyllis L. McTiernan STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: a Notary Public in l and for the State and County aforesdid, do hereby certify that Phyllis L. McTiernan, whose name is signed to the foregoing deed bearing date the 9th day of April, 1973, has acknowledged the same before me in my State and County aforesaid. Given under my hand thisIC day of April, 1973. My commission expires,. )J 42_1�Y /ei751 pie G`T ,• Notary Public - 2 - l . 60K 406 'raL[ 635 &u`iuccrr•i'Inunr•n•Sun'oyor� 1 I- Legal Description of Parcel B - Portion of land conveyed to Thomas 14. and Patrick A. Mc Tiernan by will dated August 10, 1956, and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Me Tiernan by the following deeds; January 16, 1933, deed book 165, page 179 and March 15, 1944, deed book 199, page 84. • • Beginning at a concrete monument at the Intersection of the northern right-of-way line of State Route 7 and the eastern right-of-way line of Route 660; Thence running with the eastern right-of-way line of Route 660, N 14' 51' 35" E 324.59' to a point; thence N 720 39' 10" W 5.00' to a point; thence N'18d 01' 57" E 344.33' to.a point; thence N 20° 34' 02" E 101.05' to a point; thence N 22o 40' 35" E 57.64' to a point; thence N 24' 32' 25" E 143.28' to a point; thence N 270 10' 39" E 99.16' to a point; thence N 27o 45' 19" E 110.24' to a point; thence N 221 46' 49" E 99.46' to a point; thence N 19° 04' 45" E 109.71' to a point; thence N llo 30' 08" E 32.15' to the center -line of Red Bud Run. Thence leaving the right-of-way of Route 660 and running generally with the center line of the Red Bud Run, the following 9 courses S 540 45' 31" E 333.75' to a point; thence S 66 081 36 E 156.26 to a point; then S 060 23' 32" E 77.78' to a point; thence S 890 54' 57" E 136.13' to a point; thence N 36d 30' 09" E 28.38' to a point; thence S 51d 29' 14" E 108.83' to a point; thence N 73" 17' 57" E 72.41' to a point; thence S 61' 11' 12" E 243.51' to a point; thence S 02° 51' 56" E 55.21' to a point. Said point located by me- asuring S 24° 05' 08" E 40.63' from a 40 inch Sycamore tree; then leaving with the lands of William Alexander and Shirley Trussel, S 170 28' 43" W 1217.35' to an iron pin in the northern right-of-way line of State Route 7; thence N 80' 52' 18" W 15.57' to a concrete monument; thence N 760 14' 19" W 424.33' to a concrete monument; thence N 630 23' 41" W 274.52' to a conereto_monument; thence N 770 f 10, 06" 11 373.68' to a concrete monument; thence N 260 56; 24" W 54.19 to the point of beginning containing 34.1603 acres. , .:z t VirC•fYA rr'ocr,;Cic COUM Ccr, 7n.i ns:rum�i' o: %yritine eras produced to mo on theday of -` and with certificdto o; ackno•w:edCmanl lholelo ann xed was admh':d at Iv fa'cv,'d. ! V , I Bba 406 inn 633 iu:UU .:5tiUCLtT:iti, 1\CU:::'UI:,t:uJ Esighiecru -Phuuwrr-Surveyors 4, Legal Description of Parcel A- Portion of land conveyed to Thomas M. and Patrick. A. Mc Tiernan by will dated August 10, 1956 and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Mc Tiernan by the following deeds; January 16, 1933, deed book 165; page 179 and March 15, 1944, • deed book 199, page 84. Beginning at concrete monument at Intersection of North right-of-way line of State Route 7 and the Western right-of-way line of Route 660. Thence N 25° 52' 26" E 221.36' running along the Western right-of-r,ray line of Route 660; thence N 18' 52' 26" E 98.68' to a point; thence S 720 39' 10" E 5.00' to a point; thence N 18° 01' 57" E 105.40' to an iron pin corner to Patrick NcTiernan's lot. Thence running with Mc Tiernan N 20° 131. 50" W 287.13' to an iron pin; thence N 170 38' 16" E 137.72' to an iron pin; thence 66' 00' 53" W 184.40' to an iron pin corner to Patrick NoTiernan's lot in Western right-of-way line of • Route 660. Thence continuing with 'Western right-of-way line of Route 660 the following seven courses: N 220 40' 35" E 58.54' to a point; thence N 240 32' 25" E 144.05' to a point.; thence N 270 10' 39" E 100.48' to a point N 27' 45' 19" E 108.67' to a point; thence N 220 46' 49" E 96.34' to a point; thence N 19' 04' 45" E 105.75' to a point; thence N 11° 30' 08" E 47.12' to a point -in the center line of Red Bud Run. Thence with the center line of Red Bud Run N 540 45' 31" 14 43.24' to a point; thence ]e aving center line of Red Bud Run N 22 ° - 59' 10" E 25.15' to a walnut tree; thence N 220 59' 59" E 76'.09' to an iron pin in southern right-of-way line of Route 661; thence running with southern right-of-way of Route 661 the following five courses: N 460 37' 08" 11 66.58' to a point; thence N 470 42' 48" W 97.39' to a point; thence N 520 05' 27" W 199.57' to a point; thence N 61° 34' 03" W 460.83' to a point; thence N 64° 59' 53" 1'! 92. 96' to a point; thence leaving the right-of-way line of Route 661 and running with the land of Elmer De Haven and.along the center line of Old Factory Road N 68° 24' 11" W 188.49' to an iron pin; thence N 600 32' 00" W 329.00' to an iron pin; thence N 42° 01' 52" W 470.19' • to an iron pin; thence continuing along center line of Old Factory Road and running with the land of; the Council of the House of Jacob N 450 59' 55" W 548.49' to an iron pin corner to Robert Cunningham. Thence running with the land of Robert Cunningham S 47° 28' 21" W 139.15' to a point in the oenter line of Red Bud Run; thence �'Jek . C. yr *ror r4bV {rw(Fi fAg4 OMUIIDM, VIAQIMIA 0104 Ire)) ID)a011 JDMM W, YFATOM, OAA, LD'NAAD W. W(1, IA, 0 aoce 406 ra[.[ `34 8ul;lucerr-Pia smerm-Sun•oyorr . A Page 2 running with the .center line of Red Bud Run N 890 49' 48" W 185.30, to a point; thence leaving the center line of Red Bud Run and run- ning with the eastern right-of-way line of Route 656 S 190 15' 15" • ,1 21.89' to a fence post; thence S 130 23' 13" W 48.32' to a fence post; thence continuing along the South-eastern right-of-way line of Route 656 the following seven courses: S 870 37'. 32" W 165.57' to a point; thence S 870 23' 24" W 77. 74' to a point; thence N 880 49' 57" 1V 82.45' to a point; thence S 760 20' 54" W 123.97' to a point; thence S 350 18' 55" W 68.26' to a point; thence S 240 15' 59" 'd 119.08, to a point; thence S 170 19' 20" E 150.00' to an iron pin; thence continuing along the eastern right-of-way line of Route 656 S 24° 34' 59" W 555.11' to an iron pin; thence leaving the right- of-way line of Route 656 and running with the following lots: Myrtle Newlin, Simon Newlin, and Lewis Atkins S 25051, 27" W 774.51' to a concrete monument; thence S 25° 38' 28" 'd 38.82' to a concrete monu- ment in the Northern right-of-way line of Route 7; thence continuing with the northern right-of-way line of Route 7 with a -curve to the left with an arc of 431.36' and a radius of 3744.72' to a concrete monument; thence continuing with the northern right-of-way line of Route 7 the following eight courses: S 660 25' 12" E 723.17' to a con- crete monument; thence S 760 08' 23" E 101.10' to a concrete monument; thence S 56' 13' 33" E 101.92' to a concrete monument; thence S 6A° 35' 31" E 295.24' to a concrete monument; thence S 690 04' 36" E 400.23' to a concrete monument; thence S 650 02' 19" E 450.44' to a point; thence N 80° 54' 13" E 64,08' to the point of beginning containing 123.5227 acres. (�YV�4 jck ' w+ sn+ OMIT Mlu a"YWn, VIOOIMIA (7G11 pN 131.1011 4OHH W. V/ATOM, Od.9, tWURO W, WM ►1[. • r.tiw 1 • • VIII TAX TICKET T A \._ R E C E I P T - Y E A R 2 0 0 1 {;icxec u:UUL1Jiouuu1 gate 7/26/2001 FREDE_ ;K COUNTY Register: LM C. WILLIAM ORNDOFF, J6 Trans. 834 It: 10834 P.O. BOX ``'25 Dept ## RE200101 WINCHESTER VA 22604 ACCT## 15803 • 2001 REAL ESTATE TAXES Previous $ 97.94 121.18 ACRES 55 A 107 Balance Acres: 121.18 Principal Being Paid $ 97.94 Land: 29110 Imp: 3000 Penalty $ 9•79 Interest $ 1.80 MCTIERNAN, PATRICK A. Amount Paid $ 109.53 *Balance Due 169 WOODS MILL RD as of 7/26/2001$ .00 STEPHENSON, VA. Check 110.92 If SFIN 162 22656 2038 Pd by MCTIERNAN, PATRICK BALANCE DUE DOES NOT A. INCLUDE PENALTY AND INTEREST. (DUPLICATE) ANY T A." R E C E I P 'T - Y E A R 2 0 0 1 Ticket ##:00215770001 @@ FREE -'CK COUNTY __ Date 7/26/2001 C. WILLIAM ORNDOFF, JR Register: LMM/LM P.O. BOX 225 Trans. If: 10833 Dept It RE200101 WINCHESTER VA 22604 ACCT# 15802 2001 REAL ESTATE TAXIES Previous 34.16 ACRES 55 A 106 Balance $ 12.28 • Acres: 34.16 Principal Being Paid $ 12.28 Land: 4024 Imp: 0 Penalty $ 1.23 Interest $ .23 MCTIERNAN, PATRICK A. Amount Paid $ 13.74 *Balance Due 169 WOODS MILL RD as of 7/26/2001$ .00 STEPHENSON, VA. 22656 2038 Check 13.85 If SFIN 161 Pd by MCTIERNAN, PATRICK A. ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 1 �` Wicket ##:00215760001 @@ FREDE. COUNTY ;ate 5/24/2001 -K C. WILLIAM ORNDOFF, JR Register: CWO/ P.O. BOX 225 Trans. ##: 01312 Dept It RE200101 WINCHESTER VA 22604 ACCT## 15801 2001 REAL ESTATE TAXES Previous 1.33 ACRE 55 A 105 Balance $ 329.40 Acres: 1.33 Principal Being Paid $ 329.40 Land: 28300 Imp: 79700 Penalty $ .00 Interest $ .00 • MCTIERNAN, PATRICK A. Amount Paid $ *Balance Due 329.40 169 WOODS MILL RD as of 5/24/2001$ .00 STEPHENSON, VA. Check 329.40 If TRADISAM VAR 22656 2038 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) BOARD OF TRUSTEES i 44 Officers: Carrington Williams chairman Patricia L. Zonline Vice Chairman Richard B. Kleese Trca r D. Eveland Newman Sacrotary Board Members: Joseph E. Callahan Vincent F. Callahan, Jr. Faye C. Cooper James A. Davis Beverley H. Fleming Kay D. Frye Nancy H. Hess Susie M. Hill William B. Kyger, Jr. Allen L. Louderback 8 October 2002 Frederick County Board of Supervisors 108 North Kent Street Winchester, Virginia 22601 RE: Proposed Rezoning; of the "Red Bud Run" Property (McTiernan tract) for a Residential Subdivision To the Frederick County Board of Supervisors: On behalf of the Shenandoah Valley Battlefields Foundation I want to thank you for the opportunity to comment on the proposed rezoning of the above referenced properties. [Frederick County Tax Map 55 (A), parcels 105, 106, 107, and 107a] As we understand, the Frederick County Board of Supervisors will consider a request to rezone this 159-acre property from RA to RP at its meeting on 9 October 2002. The Battlefields Foundation's interest in this matter stems from the fact that the southern and western portions of the property lie within the "Core Area" of the Third Winchester Battlefield while all of the property lies within the "Study Areas" of both the Second and Third Winchester battlefields. The Foundation's comments will be limited to the battlefield preservation concerns and not to other developmental issues that may be under discussion.t The Shenandoah Valley Battlefields Foundation does not endorse this project nor does it oppose the project but wishes to offer comments that it hopes the Board of Supervisors will consider when making its decision. The Foundation's comments are premised on the recommendations contained in the Third Winchester Battlefield Preservation Plan adopted by the Board of Supervisors in May 1999. This plan recommends that the southern portions of the property (the south slopes) facing VA Route 7 or the "Berryville Canyon" be protected and preserved. However, the plan does not recommend that the entire parcel be preserved from the standpoint of its historical associations. The Foundation's position is in consonance with the Third Winchester plan. (The Foundation is directed by its federal enabling legislation not to oppose local public policy but to work with local governments and community organizations to help preserve, interpret, and promote Civil War sites in the Valley.) John W. Mountcastle Further, I would like to commend Gilbert W. Clifford & Associates, Inc. for David W. Powers seeking ways to mitigate the impacts of the proposed Red Bud Run subdivision. Alexander L. Rives Dan C. Stickley, Jr. ' The Shenandoah Valley Battlefields Foundation is the designated "management entity" for the Shenandoah Valley Battlefields National Historic District. The purpose of the Kris C. Tierney District, established by the U.S. Congress in 1996 (PL 104-333), to protect, preserve, interpret, promote, and manage Civil War sites in the eight -county District. James L. While Howard J. Kittell Exacmive Di—lor Shenaiuloah Valley Battlefields Foundation Post Office Box 897 New Market, Virginia 22844 ph: 540.740.4545 / 888.689.4545 fx: 540.740.4509 0 11 The proffers put forth by Messrs. McTiernan and Clifford & Associates offer both historical and environmental values that should not be overlooked: ❑ The monetary contribution of $1,000 per lot as an unrestricted gift for Historic and Open Space Preservation should serve as a model for future development proposals on land that has some degree of historical and/or environmental sensitivity. ❑ Proffer #8 to protect the viewshed along VA Route 7 in compliance with the adopted Third Winchester Preservation Plan. ❑ Proffer #5, the 28.4-acre stream preservation parcel along Red Bud Run will be vitally important to the conservation efforts on this stream and to the extended stream corridor and battlefield preservation efforts along Red Bud Run and the Third Winchester battlefield. Outstanding Concerns The Battlefields Foundation has two outstanding concerns: ❑ In order to effectively buffer southern slopes of the property we suggest that the proposed number of development lots be reduced by 10 percent so that development might be Pulled further away from the southern -most property boundary; this would create a more substantial physical and visual buffer along VA Route 7. ❑ If the zoning variance is granted, a mechanism should be put in place to insure that the proffers will be carefully monitored and followed through on during the master planning and development stages including any phased development of the parcels. Conclusion On behalf of the Battlefields Foundation I want to again thank Gilbert W. Clifford & Associates for its sensitivity to historic preservation and interest in finding ways that it can help preserve the battlefields. Sit cerely, �'✓Vy� q. l Howard J. Kittell Executive Director cc: Patricia L. Zontine, Chairman C.E. Maddox, Jr., P.E. John Riley, County Administrator, Frederick County Eric Lawrence, Director, Frederick County Department of Planning and Community Development EME—WEE) nCT 11 2002 DEPT. OF rL�;;;, °WG/DEVELOPMENT g ilbert W . clifford & associatef inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 17 June 2002 Mr. Eric Lawrence, Planning Director Frederick County 107 N. Kent Street Winchester, Virginia 22601 RE: Rezoning #05-02 Red Bud Run Dear Eric, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.L'. Earl R. Sutherland, P.E Ronald A. Mislowsky, P.li. David J. Saunders, P.E. Directors: William L. Wright Michael A. I Jammer Thomas W. Price - Please accept the attached responses to the staff and VDOT comments referenced. Also, you will find a revised proffer statement which implements the mitigation measures offered in response to the concerns. I believe these adequately address the outstanding issues and would be pleased to have you forward these to the Commission members in preparation for the July 1 public hearing. The purpose of our Comprehensive Plan and proffer system is to implement inevitable growth of our county in an orderly, safe and manageable manner. I believe this proposal additionally makes conditions better for existing and future residents. For this reason, the property owners are requesting approval of their rezoning. Sincerely yours, gilbert w. clifford & associates, inc. C. E. Maddox, Jr., P.E., e President CEM/kf Enclosure cc: Mr. Howard Kittell, SVB Foundation Mr. Steve Melnikof, , Virginia Department of Transportation Mr. Al Orndorf, Frederick County Schools Mr. Tom McTiernan Mr. Pat McTiernan JUN 2 0 2002 DEPT 0r PLANNfNG/D`c1VLOPIir"IdT %�j 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 ♦ (540) 667-2139 Fax (540) 665-0493 e-mail gwcarani@earthlink.net Member American Coitsulling lsngineers Council g ><lbert w. clifford & associates inc INCORPORATED 1972 Engineers — Land Planners — Water Quality Board of Directors: President: 'Ilxaniis J. O'Toole, P.E. 2 May 2002 }� vice Presidents: Charles E. Maddox, Jr., PAL Earl R. Sutherland, P.E. Mr. Eric Lawrence Ronald. 1;1'P.I:. David J. Saunders, 1 .fi. Saunders, Frederick County Planning Directors: 107 N. Kent Street L. Wright Micia Michael A. i Jammer Winchester, Virginia 22601 Thomas W. Price RE: Red Bud Run Rezoning Petition Dear Eric, Included with this letter are 20 copies of our rezoning petition and an application fee of $6,095.35 for Red Bud Run. We have revised and updated this document to include answers to the comments received during the agency review phase. Beginning the agency review section you will find a summary of these comments and our replies. We look forward to working with you as this project moves through the public hearing phase. Thank you for Your assistance. Sincerely yours, gilbert j c 'fford & associ, es, inc. addox, Jr., P.E., j/ cc President CEM/kf cc: Pat McTiernan Tom McTiernan 117 Last Piccadilly Street, Suite 200, Winchester, Virginia 22601 MAY - 2, 2002 (540) 667-2139 Fax (540) 665 0493 e-mail g%vcaram@eartlilink.net A,lembcr American Cnnsrrllhrg Girgirrecrs Council L:_� i � , : •� ; ';' % = �,. , � � yer IL r 1T STi•,i A' 1 rONO., � �`1 — b � ► •,,•• 'E •y.�t ;'ID .=lid : • r�,:. • •�+ ±`Tw ; 1, • .�i! � ' . �' •' � y��,, ?ate � �. Y'e� ' l • ' r!M i � r'' t• 1 K � .� .��-� t i • / • • r•1/ �� ::, `.gym• � i � _ •' � '4` ti.l .♦�x�� ; .. ., - ,4 � {i r 41. tv .• �C. • Sr4r +•3: "., j• it` .�•Y,�.'} ~"r+. 4�. i r, •• •r �• .i of ��- .� T \ t�. •• COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 r tutl w JUL l,, �00� DEPT" OF PLANNING/DEVELOPMENT 55 - A. - 22- COUNTY SCHOOL BOARD OF FREDERICK 5 N KENT ST WINCHESTER, VA 22601-5037 N1XIt-- 2077 1 -54 oblaa702 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD 1EIIE1l11lliIli illiill11111IEllilllli11111111fill lilt 1E11111E1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 1IOTIFFIC TICAI Or' PUBLIC HEARING September 25, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN (McTiernan Property) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 9, 2002, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincqf ly, I Eri�' Le Planning irector ERL/cih O. Wgendas4Wdjoina LVs\2002\Rezonings\Red Bud Run.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 t 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 �IOirIFIr." r10IN1 0r PUEJ L lc IrIE'ARIINIG September 25, 2002 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN (MeTiernan Property) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 9, 2002, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sine r ly, Eri . lar ee Planning irector ERL/cih O \Agcnd. s\Adjoincr 1,us\2002\Rczonings\Rcd Bud Run.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is t certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County. Virginia: 55 - A- - 95 COOPER, RALPH LEE JR 55 A 87 A 2208 BERRYVILLE PIKE COLE, FRANCES V. WINCHESTER, VA 22603 4807 163 MORGAN MILL RD WINCHESTER, VA. 226034848 55 A 88 PITCOCK, ANNETTE M & FRANKLIN L PO BOX 2264 WINCHESTER, VA 22604 1464 55 A 89 AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA 22603 4845 55 A 90 COMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218 0067 55 A 92 DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER. VA. 55 A 94 WALKER, BARRY H & MILLER, GEORGIA 2196 BERRYVILLE PIKE WINCHESTER, VA 226034806 55 A 96 COOPER, RALPH L & BETTY E 2216 BERRYVILLE PIKE WINCHESTER, VA 22603 4807 55 A 97 ORNDORFF, VIRGINIA & JOHN D. 2222 BERRYVILLE PIKE WINCHESTER, VA. 22603-4807 55 A 99 ORNDORFF, JOHN D 1295 REDBUO RD WINCHESTER, VA 22603 4759 55 A 100 KAIN, THOMAS E JR 2230 BERRYVILLE PIKE WINCHESTER, VA 22603 4807 22603 4806 Fric R. a ence, Planning Director Frederick County Planning Department STATE; OF VIRGINIA COUNTY Llam-( OF FREDER, ICK 1, &1h r n I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planning Director fo the Department of Planning and Development, whose name is signed to the foregoing, dated .a(D -oa , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of5c&-mbef„ am,,3 My commission expires on Gilbert W. Clifford & Assoc., Inc. �� Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200ARY PUBLIC Winchester, VA 22601 55 -A- - 101- CLARK,ZELLA FLORENCE 259 WALTON ST STRASBURG, VA 22657-2345 55 - A- - 102- LOY, CLARKE & ANNA MARIE BEACH 2372 BERRYVILLE PIKE WINCHESTER, VA 22603-4808 55 - A- - 103- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 55 - A- - 104- FUNKHOUSER,BERLAND M ETALS 164 RUSTIC WOOD LN WINCHESTER, VA. 22602-2075 55 - A- - 109-A JENKINS, BRYAN SCOTT 420 WESTSIDE STATION DR WINCHESTER, VA 22601-6230 55 - A- - 109-B JENKINS, JEFFREY G 1631 REDBUD RD WINCHESTER, VA 22603-4763 55 - A- - 116- REDBUD UNITED BRETHREN CHURCH CIO WINC U METH DIST OFFICE 20 S CAMERON ST STE 107 WINCHESTER, VA 22601-4757 55 - A- - 117- BOWERS, PAULINE R STROSNIDER 1506 REDBUD RD WINCHESTER, VA 22603.4746 55 - A- - 118- STULTZ, DAWN M & MCNEIL, DEBRA J 328 MORGAN MILL RD WINCHESTER,VA 55 - A- - 107-A MCTIERNAN, Pf&K J & DEBORAH G 223 WOODS MILL RD STEPHENSON, VA 22656-2049 55 - A- - 138- SEMPELES, STEPHANIE M. 180 PINE RD STEPHENSON, VA. 22656-2210 55 - A- - 140- LAMSON, NORMAN & ROSEMARIE B CO -TRUSTEES 405 8TH ST NE CHARLOTTESVILLE, VA 22902-4727 55 -A- -141- ALEXANDER, WILLIAM 0 III 183 STEEPWOOD LN WINCHESTER, VA 22603-5806 55 - A- - 142- TRUSSELL, ARTHUR G. 138 STEEPWOOD LN WINCHESTER, VA. 22603.4853 55 - A- - 172- WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134-0550 55 - A- - 174-C BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 55 - A- - 105- MCTIERNAN, PATRICK A. 169 WOODS MILL RD STEPHENSON, VA. 22656.2038 55 - 1- A- AIKIN, CRAIG F 126 MORGAN MILL RD 22603 4847 WINCHESTER, VA 22603-4845 55 - A- - 119- SUPREME COUNCIL OF THE HOUSE 1420 RED BUD RD WINCHESTER, VA 22603 55 - A- - 18- SEIPEL, WAYNE D & STEPHANIE P TRUSTEES 271 MORGAN MILL RD WINCHESTER, VA 22603.4849 55 - A- - 22- COUNTY SCHOOL BOARD OF FREDERICK 5 N Kiig;-T /fo _ 4"x -5o:" WINCHESTER, VA 22601-5037 55 - 1- - B- FUNK, LINDA F & MORELAND, SHIRLEY 1 140 MORGAN MILL RD WINCHESTER, VA 22603-4845 55 - A- 173- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 TO: Barbara in Data Processing rS•. d FROM: Car ff - Planning Department �1�e ! - C - Sv h r, Please print sets of labels by: �% A hllS G��e fk� - , T11 ii eV THANK YOU!! This is to certify that the attached correspc ,_Jcca from the Department of riwLnnig auu LcvvLup -_iit, < County, irginia,.55 - A- - 95- COOPER, RALPH LEE JR 55 - A- - 87-A 2208 BERRYVILLE PIKE COLE, FRANCES V. WINCHESTER, VA 22603.4807 153 MORGAN MILL RD WINCHESTER, VA. 22603.4848 55 - A- - 96- COOPER, RALPH L & BETTY E 55 A- - 88- PITCOCK, ANNETTE M & FRANKLIN L PO BOX 2264 WINCHESTER, VA 22604-1464 55 A- - 89- AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA 22603.4845 55 A- - 90- COMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218.0067 55 A- - 92- � 9 3 DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER, VA. 22603 4806 55 - A - 94 WALKER, BARRY H & MILLER, GEORGIA 2196 BERRYVILLE PIKE WINCHESTER, VA 226034806 2216 BERRYVILLE PIKE WINCHESTER, VA 226034807 55 -A - 97-4 ci¢ ORNOORFF, VIRGINIA & JOHN D. 2222 BERRYVILLE PIKE WINCHESTER, VA. 22603.4807 55 - A - 99- ORNDORFF, JOHN D 1295 REDBUD RD WINCHESTER, VA 22603-4759 55 - A- - 100- KAIN, THOMAS E JR 2230 BERRYVILLE PIKE WINCHESTER, VA 22603-4807 L Eric R. VaVnce, Interim Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I. 'mod b i�nn &1 I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Interim Director for the De artment of Planning and Development, whose name is signed to the foregoing, dated Q has personally appeared before me and acknowledged the same in my State and Coun4, aforesaid. Given under my hand this laa )L,J day of a ccla My commission expires on NO RY PUBLIC 55 - A- 101- A 5 138.E 169 _ CLARK, ZELLA FLORENr • ELES, STEPHANIE M. 259 WALTON ST .0 PINE RD STRASBURG,VA 226572345 STEPHENSON,VA. 22656-2210 55 - A- - 102- 55 - A- - 140- LOY, CLARKE & ANNA MARIE BEACH LAMSON, NORMAN & ROSEMARIE B CO TRUSTEES 2372 BERRYVILLE PIKE 405 8TH ST NE WINCHESTER, VA 22603 4808 CHARLOTTESVILLE, VA 22902-4727 55 A - 103 55 A - 141 BLUE RIDGE ASSOCIATES ALEXANDER, WILLIAM D III 2430 3 BERRYVILLE PIKE 183 STEEPWOOD LN WINCHESTER, VA 22603.4809 WINCHESTER, VA 22603.5806 55 - A- - 104- 55 - A- - 142- ti Iy,7A FUNKHOUSER, BERLAND M ETALS TRUSSELL, ARTHUR G. 164 RUSTIC WOOD LN 138 STEEPWOOD LN WINCHESTER, VA. 22602-2075 WINCHESTER, VA. 22603.4853 55 - A- - 109 A 55 - A- - 172- JENKINS, BRYAN SCOTT WHITMORE, WILLIAM C JR ETALS 420 WESTSIDE STATION DR WINCHESTER, VA 22601-6230 PO BOX 550 55 - A - 109 B PURCELLVILLE, VA 20134-0550 JENKINS, JEFFREY G 55 A 174-C BLUE RIDGE ASSOCIATES 1631 REDBUD RD 2430 3 BERRYVILLE PIKE WINCHESTER, VA 22603.4763 WINCHESTER, VA 22603-4809 55 -A -116 - 1 A REDBUD UNITED BRETHREN CHURCH AI KIN, CRAIG F CIO WINC U METH DIST OFFICE 20 S CAMERON ST STE 107 126 MORGAN MILL RD WINCHESTER, VA 22601 4751 WINCHESTER, VA 22603-4845 55 -A- - 117- 55 1 B- BOWERS, PAULINE R STROSNIDER FUNK, LINDA F 1506 REDBUD RD & MORELAND, SHIRLEY I WINCHESTER, VA 22603-4746 140 MORGAN MILL RD 55 - A- - 118- WINCHESTER, VA 22603-4845 STULTZ, DAWN M 55 -A 173 & MCNEIL, DEBRA J BLUE RIDGE ASSOCIATES 328 MORGAN MILL RD 2430 3 BERRYVILLE PIKE WINCHESTER, VA 22603-4847 WINCHESTER, VA 22603-4809 55 - A- - 119 SUPREME COUNCIL OF THE HOUSE Gilbert W. Clifford & Assoc., Inc. 1420 RED BUD RD WINCHESTER, VA 22603 d Attn: Charles Maddox 55 - A- - 18-, 9, aO 117 E. Piccadilly Street, Suite 200 SEIPEL, WAYNE D & STEPHANIE P Winchester, VA 22601 TRUSTEES 271 MORGAN MILL RD WINCHESTER, VA 22603-4849 55 - A- - 22 55 - A - 105, 106 & 107 / COUNTY SCHOOL BOARD OF FREDERICK Mr. Patrick A. McTiernan 5 N KENT ST 169 Woods Mill Road WINCHESTER, VA 22601-5037 Stephenson, VA 22656-2049 55 - A- - 107-A MCTIERNAN, PATRICK J & DEBORAH G 223 WOODS MILL RD STEPHENSON, VA 22656 2049 A2-- 55-A-105)/CC) / 0 7 , �7/� Red bdd Run TO: Barbara in Data Processing FROM: Carol Huff - Planning Department Please print sets of labels by: THANK YOUII ID # Name Address Zoned Use 55-A-87A % Frances V. Cole 163 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-88 , ' Annett M & Franklin L Pitcock P.O. Box 2264 Winchester, VA 22604 RA Vacant 55-A-89 I afelle A Aikin 126 Morgan Mill Road Winchester VA 22603 RA Residential 55-A-90 ' Commonwealth of Virginia P.O. Box 67 Richmond VA 23218 RP VDOT 55-A-92 ,/ Ronald Edward DeHaven 2142 Berryville Pike Winchester VA 22603 RA Retail 55-A-93 Ronald Edward DeHaven 2142 Berryville Pike Winchester VA 22603 RA Residential 55-A-94 ✓ Barry H Walker & Georgia Miller 2196 Berryville Pike Winchester, VA 22603 RA Residential 55-A-95 Ralph Lee Cooper, Jr. 2216 Berryville Pike Winchester VA 22603 RA Residential 55-A-96 ,/ Ralph L & Betty E Cooper 2216 Berryville Pike Winchester VA 22603 RA Residential 55-A-97 Virginia & John D Orndorff 2222 Berryville Pike Winchester VA 22603 RA Residential 55-A-98 Vir inia & John D Omdorff 2222 Berryville Pike Winchester, VA 22603 RA Vacant 55-A-99 John D Orndorff 1295 Red Bud Road, Winchester, VA 22603 RA Residential 55-A-100 Thomas E Kain, Jr 2230 Berryville Pike Winchester VA 22603 RA Residential 55-A-101 =' Barbara V Herron 684 Calmes Neck Lane, Boyce, VA 22620 RP Residential 55-A-102 Clarke Loy & Anna Marie Beach 2372 Berryville Pike Winchester, VA 22603 RA Vacant 55-A-103 / Blue Ridge Associates 2430-3 Berryville Pike, Winchester VA 22603 ME Vacant 55-A-104 ✓ Berland M Funkhouser, et als 164 Rustic Wood Lane, Winchester, VA 22602 RA Residential 5 5-A-109A Z Bryan Scott Jenkins 420 Westside Station Road, Winchester VA 22601 RP Vacant 55-A-109B Jeffrey G Jenkins 1631 Redbud Road, Winchester, VA 22603 RP Residential 55-A-116 Redbud United Brethren Church 20 S. Cameron Street Winchester, VA 22601 RA Residential 55-A-117 i Pauline R Strosnider Bowers 1506 Redbud Road, Winchester VA 22603 RA Residential 55-A-118 ✓ Dawn M Stulta & Debra J McNeil 328 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-119 Supreme Council of the House Red Bud Road Winchester VA 22601 RA Residential 55-A-18 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester VA 22603 RA Vacant 55-A-19 Wa ne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester VA 22603 RA Residential 55-A-20 i Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester VA 22603 RA Vacant 55-A-21 / Wayne D & Stephanie P Sei lel 271 Mor an Mill Road, Winchester VA 22603 RA Vacant 55-A-22 County School Board of Frederick 5 N. Kent Street Winchester VA 22601 RA Educational 55-A-107A Patrick J & Deborah G McTiernan 223 Woods mill Road Stephenson, VA 22656 RA Residential 55-A-108 55-A-138 Z Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Vacant 55-A-139 ✓ Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Residential It 55-A-140 ./ George H & Rosemarie Lamson 405 8ffi Street NE, Charlottesville, VA 22902 RA Vacant 55-A-141 William D Alexander III 183 Stee wood Lane Winchester VA 22603 RA Residential 55-A-142 ✓ Arthur G Trussell 138 Stee wood Lane Winchester VA 22603 RA Residential 55-A-142A Arthur G Trussell 138 Stee wood Lane Winchester VA 22603 RA Vacant 55-A-172 William C Whitmore Jr. et als P.O. Box 550 Purcellville VA 20134 RA Vacant 55-A-174C Blue Ridge Associates 2430-3 Berryville Pike Winchester VA 22603 RA Mobile Home Park 55-1-A Ivadelle A Aikin 126 Morgan Mill Road Winchester VA 22603 RA Vacant 55-1-B Linda F Funk & ShirleyMoreland 140 Morgan Mill Road, Winchester VA 22603 RA Residential L, 0 w • C7 PV upeV4 .Z S w � block doFs we (e. Ytv GZci j0 u, �<v3 L9- `�S IUto • 114 C • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 INWIrICATION I Or HE'AiRII Ir June 17, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN (McTiernan Property) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on MONDAY, JULY 1, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any int rested parties having questions or wishing to speak may attend this public hearing. A copy of the ate ication will be available for review at the Handley Library the week of the meeting, or at the Dep�r Went of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Siiic¢rely, Erjc`R. Lawrence Planning Director ERL/ch O \Agcndas\Adjoincr Ltrs\21002\Rczonings\Rcd Bud Run.wixl 107 North Kent Sheet • Winchester, Virginia 22601-5000 ti ti This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick v County, Virginia. 55 - A. - 95 55 A 87 A COLE, FRANCES V. 163 MORGAN MILL RD WINCHESTER. VA. 22603 4848 55 A 88 PITCOCK, ANNETTE M & FRANKLIN L PO BOX 2264 WINCHESTER,VA 55 A 89- AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA COOPER, RALPH LEE JR 2208 BERRYVILLE PIKE WINCHESTER, VA 226034807 55 A 96 COOPER, RALPH L & BETTY E 2216 BERRYVILLE PIKE WINCHESTER, VA 226034807 22604 1464 55 A 97 ', ; - ORNDORFF, VIRGINIA & JOHN 0. 2222 BERRYVILLE PIKE WINCHESTER, VA. 22603 4807 226034845 55 A 90 COMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218 0067 55 A 92 DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER, VA. 22603 4806 55 A 94 WALKER, BARRY H & MILLER, GEORGIA 2196 BERRYVILLE PIKE WINCHESTER, VA 22603 4806 55 A 99 ORNDORFF, JOHN D 1295 REDBUD RD WINCHESTER, VA 226034759 55 A 100 KAIN, THOMAS E JR 2230 BERRYVILLE PIKE WINCHESTER, VA 226034807 Eric R. Lawrence, Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, (� , a Notary Public in and for the State and County foresaiLawrenc ad, do hereby certify that Eric R. e, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated (.p • I -I - M , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this I 1 ► ►day of _-A My commission expires on g ?V PUBLIC 55 - A- - 101- CLARK, ZELLA FLORE%p 259 WALTON ST STRASBURG, VA 22657-2345 55 - A- - 102- LOY, CLARKE & ANNA MARIE BEACH 2372 BERRYVILLE PIKE WINCHESTER, VA 22603-4808 55 - A- - 103- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 55 - A- - 104- FUNKHOUSER,BERLAND M ETALS 55 - A- - 109-A JENKINS, BRYAN SCOTT 420 WESTSIDE STATION DR WINCHESTER, VA 22601-6230 55 - A- - 109-B JENKINS, JEFFREY G 1631 REDBUD RD WINCHESTER, VA 22603-4763 55 - A- - 116- REDBUD UNITED BRETHREN CHURCH CIO WINC U METH DIST OFFICE 20 S CAMERON ST STE 107 WINCHESTER, VA 22601-4757 55 -A- - 117- BOWERS, PAULINE R STROSNIDER 1506 REDBUD RD WINCHESTER, VA 22603.4746 55 - A- - 118- STULTZ, DAWN M & MCNEIL, DEBRA J 328 MORGAN MILL RD WINCHESTER, VA 22603-4847 55 - A- - 119- SUPREME COUNCIL OF THE HOUSE 1420 RED BUD RD WINCHESTER,VA 22603 55 -A- - 18-jci a SEIPEL, WAYNE D & STEPHANIE P TRUSTEES 271 MORGAN MILL RD WINCHESTER, VA 22603-4849 55 - A- - 22. COUNTY SCHOOL BOARD OF FREDERICK 5 N KENT ST WINCHESTER, VA 22601-5037 55 - A- - 107-A MCTIERNAN, PATRICK J & DEBORAH G 223 WOODS MILL RD STEPHENSON, VA 22656-2049 55 - A- - 138-f 13'j SEMPELES, STEPHANIE M. 180 PINE RD STEPHENSON, VA. 22656-2210 5 - A- - 140- AMSON, NORMAN & ROSEMARIE B CO -TRUSTEES 405 8TH ST NE CHARLOTTESVILLE, VA 22902-4727 55 - A- - 141- ALEXANDER, WILLIAM D III 183 STEEPWOOD LN WINCHESTER,VA 22603-5806 55 - A- - 142-� ly alb TRUSSELL, ARTHUR G. 138 STEEPWOOD LN WINCHESTER,VA. 22603-4853 55 - A- - 172- WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134-0550 55 - A- - 174-C BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603-4809 55 - 1- - A- AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA 22603-4845 55 - 1- - B- FUNK, LINDA F & MORELAND, SHIRLEY 1 140 MORGAN MILL RD WINCHESTER,VA 22603-4845 55 - A- - 173- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER,VA 22603-4809 55 - A - 105, 106 & 107 Yl� Mr. Patrick A. McTiernan 169 Woods Mill Road Stephenson, VA 22656-2049 Gilbert W. Clifford & Assoc., Inc. Attn: Tom Price *h'con+ 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDRRICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 22, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RC: REZONING #05-02 OF RED BUD RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 5, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Since , Eric R. Lawrence Interim Director ERL/ch O \AgcndaMdjoincr Lm\2002\Rczonings\Rcd Dud Run.wPd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on rnn,Aaa, ac from the Department of Planning and Development, Frederick County, irginia: 55 - A- - 95- 55 - A- - 87-A COLE, FRANCES V. 163 MORGAN MILL RD WINCHESTER, VA. 22603.4848 55 - A- - 88- PITCOCK, ANNETTE M & FRANKLIN L PO BOX 2264 WINCHESTER, VA 22604.1464 55 - A- - 89- AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA 22603.4845 55 - A- - 90- COMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218.0067 55 -A- - 92.�-93 DEHAVEN, RONALD EDWARD 2142 BERRYVILLE PIKE WINCHESTER, VA. 22603-4806 55 - A- - 94- WALKER, BARRY H & MILLER, GEORGIA 2196 BERRYVILLE PIKE WINCHESTER, VA 22603.4806 COOPER, RALPH LEE JR 2208 BERRYVILLE PIKE WINCHESTER, VA 22603.4897 55 - A- - 96- COOPER, RALPH L & BETTY E 2216 BERRYVILLE PIKE WINCHESTER,VA 22603.4807 55 -A- - 97-f-c16 ORNDORFF, VIRGINIA & JOHN D. 2222 BERRYVILLE PIKE WINCHESTER, VA. 22603-4807 55 - A- - 99- ORNDORFF, JOHN D 1295 REDBUD RD WINCHESTER, VA 22603.4759 55 - A- - 100- KAIN, THOMAS E JR 2230 BERRYVILLE PIKE WINCHESTER, VA 22603-4807 ee Eric R. a v • nce, Interim Director Frederic County Planning Department STATE Or VIRGINIA COUNTY OFFREDERICK I, �M!� fi i -nn �h l I , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Interim Director for the Department of Planning and Development, whose name is signed to the foregoing, dated n,t Dj has personally appeared before me and acknowledged the same in my State and Count aforesaid. Given under my hand this laa[J day of X My commission expires on Edyurl-)-kfu I I �NQRY PUBLIC 55 -A- - 101- CLARK, ZELLA FLORENI* 259 WALTON ST STRASBURG, VA 22657.2345 55 -A--138.�1a`1 �SEMPELES, STEPHANIE M. 180 PINE RD STEPHENSON, VA. 22656.2210 55 - A- - 102- LOY, CLARKE & ANNA MARIE BEACH 2372 BERRYVILLE PIKE WINCHESTER, VA 22603.4808 55 - A- - 103- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 55 - A- - 104- FUNKHOUSER,BERLAND M ETALS 164 RUSTIC WOOD LN WINCHESTER, VA. 22602-2075 55 - A- - 109-A JENKINS, BRYAN SCOTT 420 WESTSIDE STATION DR WINCHESTER, VA 22601.6230 55 - A- - 109-B JENKINS, JEFFREY G 1631 REDBUD RD WINCHESTER, VA 22603-4763 55 -A- - 116- REDBUD UNITED BRETHREN CHURCH CIO WINC U METH DIST OFFICE 20 S CAMERON ST STE 107 WINCHESTER, VA 22601.4757 55 - A- - 117- BOWERS, PAULINE R STROSNIDER 1506 REDBUD RD WINCHESTER, VA 22603.4746 55 -A- - 118- STULTZ, DAWN M & MCNEIL, DEBRA J 328 MORGAN MILL RD WINCHESTER, VA 22603.4847 55 - A- - 119- SUPREME COUNCIL OF THE HOUSE 1420 RED BUD RD WINCHESTER,VA 22603 55 -A- - 18-,IG' avf d1 SEIPEL, WAYNE D & STEPHANIE P TRUSTEES 271 MORGAN MILL RD WINCHESTER, VA 22603.4849 55 - A- - 22- COUNTY SCHOOL BOARD OF FREDERICK 5 N KENT ST WINCHESTER, VA 22601.5037 55 - A- - 107-A MCTIERNAN, PATRICK J & DEBORAH G 223 WOODS MILL RD STEPHENSON, VA 22656.2049 55 - A- - 140- LAMSON, NORMAN & ROSEMARIE B CO -TRUSTEES 405 8TH ST NE CHARLOTTESVILLE, VA 22902.4727 55 - A- - 141- ALEXANDER, WILLIAM D III 183 STEEPWOOD LN WINCHESTER, VA 22603.5806 55 - A- - 142- e ly,�?p TRUSSELL, ARTHUR G. 138 STEEPWOOD LN WINCHESTER, VA. 22603.4853 55 - A- - 172- WHITMORE, WILLIAM C JR ETALS PO BOX 550 PURCELLVILLE, VA 20134.0550 55 - A- - 174-C BLUE RIDGE ASSOCIATES 2430.3 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 55 - 1- - A- AIKIN, CRAIG F 126 MORGAN MILL RD WINCHESTER, VA 22603.4845 55 - 1- - B- FUNK, LINDA F & MORELAND, SHIRLEY 1 140 MORGAN MILL RD WINCHESTER, VA 22603-4845 55 - A- - 173- BLUE RIDGE ASSOCIATES 2430-3 BERRYVILLE PIKE WINCHESTER, VA 22603.4809 Gilbert W. Clifford & Assoc., Inc. �Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A - 105, 106 & 107 Mr. Patrick A. McTiernan 169 Woods Mill Road Stephenson, VA 22656-2049 (;il&rt w. clifford & asso4tes, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality I May 2001 Mr. Jerry Copp Resident Engineer Virginia Department of Transportation 14031 Old Valley Pike Edinburg, Virginia 22824 RE: Route 7AVoods Mill Road Dear Jerry, Board or Direc/ors• President: 11"Vias J t YTwic. 1' 1: Vice Presidents: l.'Itarl,--+ 1: Madtk)\. !r . P E Earl R. luthLrland. P 1: Rixtaid A Mtshm sk%. 1' E. Da%id J Sauntim. P I: Direetnn: William I. Wnght Michael A I lanuncr lluwms W l'nce Attached are three revised copies of the single red marked plan of this intersection improvement project that I gave to Kelly and Steve last Wednesday. Also attached are the traffic counts that we have had prepared. My question to you is this improvement a positive: step to a safer intersection and is it capable of handling up to 3,000 new trips per day on Woods Mill Road. If the answer to this is positive, than an in depth study and proposal will be forthcoming along with an appropriate application to the County for comprehensive plan change. I look forward to your reply. Sincerely yours. gilbert w. clifford & associate inc. C (. Maddox, Jr.. `f'.I_ ice 'rest ent CEM/kf Enclosure cc Mr F\an Watt. Director, Ftedenck ('uunt\• I'lanninu DECEIVED MAY 0 Z 2001 I nOYENT 200 North Cameron Street, Winchester. Virginia 22601 (540) 667-2139 fax (540) 665-0493 e-mail ewclitl t mnsinc com tlember.4merwair ('rmmillitiK b t:meery ( 'nnin-d U 4 FY T M c Tu A,,, PIUIA ,x., Memorandum 14532Lee Fbad Phone 703A49fi700 ohanttly. VA Fax 703A4M714 20151.1679 Email ,U)nCillav(i}lTAcorn To: C.E. Maddox, Gilbert W. Clift'ord & Associates, Inc. From: John Callow, PHR&A Date: April 4, 2001 Re: Borden Property - Intersection: ROL1tc 7 & Wood Mills Road Patton Harris Rust & Associates (PHR&A) has prepal-Cd this dOCL1111C1lt to identify the current conditions at the intersection of Route 7/Wood Mills Road and to provide a conceptual recommendation for improving intersection capaClty/Operation. Mlle 1O11o1V111g Information Is provided ill this mcniorandUln: I) existing 24-I1ol1r, AM peak hour gild PIv1 peak hour traffic volumes, 2) existing Highway Capacity Software (HCS 3.2) levels of service, 3) existing intersection configuration and 4) a COnCCptllal redesign to improve intersection capacity/operation. PHR&A conducted manual AM and PM peak hour turning nlovcnlCnt Counts and automatic directional 24-11our tube counts at the intersection of Route 7 & Wood Mills Road. Figure I is provided to show the existing traffic Volumes, the existing levels Of service (using HCS 3.2) and the existing intersection configuration. BaSCd upon the information provided on PigUre I, P1 IR&A determined a ConCCptual rCdesign that would improve intersection capacity/operation. Figure 2 provides this proposed intersection scenario that can accommodate norillal Intersection VOILIIl1Cs I1101-C safCly than the present situation. No feasibility work has been done to determine cost and the potential fol' making the geometric changes. Levels of Service u NB/Thru = E(C) N A SB/Thru = C(C) — — — — A.- 27(76) No Scale 633(1049) — (79)71 Levels of Service EB/Left = A(A) II _ SB/Left = A(A) III IOU 9928 12243 _i d i sr cs Levels of Service Levels of Service /Left = B(A) — — (624)1395= — — - �� woo--(624)1395—----- AM Peak(PNI Peak) �► Directional 24-hour Traffic Volumes PMM - - - A Figure I Existing Volumes/Levels of Service/Lane Configuration: Route 7 and Wood Mills ttt/�► �► �Mhrl Relocated to prohibit entrn from Blue Ridge ji No Scale 1 1 1_L t rx J Figure 2 Proposed Intersection Design: Route 7 and Wood dills Road 04-04-01 0 Shenandocl valley Battlefields Foundation � ervind [lie .`,`kunaiicloah galley BaLdef ields NaLimial HiSLl)r1C D1sfrict 5 April 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: The Red Bud Run subdivision proposed on the Third Winchester Battlefield Core and Study Areas and the Second Winchester Study Area Dear Mr. Maddox: Thank you for your letter of March 1 I and your interest in determining impacts that may result from the proposed development of the "Red Bud Run" subdivision (Frederick County Tax Map 55 (A), parcels 105, 106, 107, and 107a) on the Third Winchester Battlefield Core Area. Gilbert W. Clifford & Associates, Inc. is to be commended for looking for ways to mitigate the impact of its proposed Red Bud Run subdivision. However, I must disagree with the assessment that "there is a visual issue in the Berryville Canyon area but little impact elsewhere." If constructed as proposed, the Red Bud Run subdivision will be located on and substantially impact a portion of the core area of the Third Winchester battlefield and the study areas of Second and Third Winchester. Your assessment that there would be "little impact" on the battlefields may be based on the erroneous information provided to you by your consultant, Mr. Sims, that "The land in question is not part of the core battlefield nor is it part of the study area of the battle," in the memo attached to your letter. Core and Studv Areas The National Park Service (NPS) mapped the study and core areas of the battlefield in its Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. Congress used this information to define the battlefields by law. Congress established the boundaries of the study and core areas of Second and Third Winchester in the Shenandoah Valley Battlefields National Historic District and Commission Act of 1996.1 The act describes the boundaries of 10 Civil War battlefields and the eight -county Shenandoah 1 Please see Attachment A: P.L. 104-333 Sec. 606 Shenandoah Valley Battlefields. P.O. Box 897 • New Market, Virginia 22844 • (540) 740-4545, (888) 689-4545, (540) 740-4509 Fax • 0 Valley Battlefields National Historic District by reference to "the map entitled `Shenandoah Valley National Battlefields' numbered SHVA/80,000 and dated April 1994." Z Pursuant to the mandate of the act, the Shenandoah Valley Battlefields National Historic District Commission was established in 1997. The Commission was specifically charged with creating a plan encompassing "an inventory which includes any property in the District which should be preserved, managed, maintained, or acquired because of its national historic significance." In creating the legislated Shenandoah Valley Battlefields National Ilistoric District Management Plan, the Commission relied on the map numbered SHVA/80,000 and the accompanying GIS database for such an inventory. Battlefield boundaries were reviewed again and confirmed by the Commission with input from numerous eminent Civil War historians. While the entire GIS inventory was not included in the management plan, its contents are displayed graphically in Appendix E: Battlefield Maps of said plan. As shown in the Third Winchester battlefield map from the management plan (Attachment C), the portion of the Red Bud Run subdivision proposed west of Woods Mill Road (State Route 660), southwest of the C. Woods Mill site, and north of US Route 7 (part of parcels 55-A 105 and 107) is in the Third Winchester battlefield core area. Likewise, the western and southern edges of parcel 55-A 106, the portion of the proposed subdivision that is east of Woods Mill Road, is in the Third Winchester core area. The entire development proposal is within the Third Winchester study area. As shown on the Second Winchester battlefield map fiom the management plan (Attaclunent D), the portion of the Red Bud Run subdivision proposed west of Woods Mill Road is in the Second Winchester battlefield study area. To insure that any confusion regarding the location of the core and study areas is clarified, the battlefield boundaries are overlain with the tax parcels on which the Red Bud Run subdivision is proposed in attachments E and F at differing scales. Local Battlefield Planning Frederick County has been a leader in developing plans and recommendations to accommodate preservation of its battlefields into development proposed in the county. I refer you to the Battlefield Network Plan Frederick County, Virginia, adopted by the Frederick County Board of Supervisors in 1995. It states that "Rezonings should be avoided in the undeveloped core battlefield areas where those rezonings would result in uses not normally found in rural areas." When "changes to more intensive uses in and around pristine battlefield core areas" are made, these areas should be included in "a historic overlay zoning district to control the appearance of such uses and to protect viewsheds" (page 22). Likewise Frederick County's Third Winchester Battlefield Preservation Plan, completed in 1999, describes options available to landowners who seek to preserve the battlefield. In the Third Winchester plan, the proposed Red Bud Run subdivision is in the secondary preservation area. "Views of these lands are to be protected to the extent possible so as to maintain the historic integrity of the park and enhance the visitor experience," according to the Third Z Please see Attachment B: Shenandoah Valley National Battlefields, Map Number SHVA/80,000 pages 1, 18 and 19, compiled by the NIPS Interagency Resources Division, Cultural Resources Geographic Information System Facility. • 0 Winchester plan (page, 6 - 1). The area should "remain in private ownership to be kept in rural uses in ways compatible with battlefield park preservation" (page, 7 - 1). The county's Third Winchester plan also recommends the county apply a Historic Area Overlay (HA) Zone to core area battlefield land in the Rural Areas (RA) zoning district that is converted to more intensive residential uses. According to the Third Winchester plan, the purpose of the HA overlay "would be to preserve battlefield resources and views without changing the maximum residential density permitted in the RA zone through `super clustering' of residential lots. Smaller lots with a greater amount of open space would be permitted as an alternative to RA standard five -acre to two -acre cluster lots" (page, 6 - 9). As recommended in the Third Winchester plan, this super clustering would involve: a a 10,000-square foot minimum lot size; o a 1.5-acre maximum lot size; and a no less than 85 percent of the developed area being devoted to open space subject to permanent conservation easement (page, 6 - 10). Conclusion I hope this letter clarifies the location of the core and study areas of the Third Winchester battlefield and the study area of the Second Winchester battlefield. Attaclunent G outlines the definition of core area and study area used by Congress, the NPS, and the Shenandoah Valley Battlefields Foundation. It also addresses some of the errors that led your consultant to conclude that the Red Bud Run subdivision is not proposed on battlefield core and study areas. On behalf of the Battlefields Foundation I want to again thank Gilbert W. Clifford & Associates for its sensitivity to historic preservation and interest in finding ways that it can help preserve the battlefields. While the Battlefields Foundation rarely takes positions on individual development decisions that come before local governments, we concur with your letter that these decisions are best made "when all relevant and available information on issues can be brought forward at public hearings." I hope that the information provided herein and the positive actions recommended in Frederick County's battlefield network plan and Third Winchester plan are helpful. Sincerely, Howard J. Kittell Executive Director cc: Carrington Williams, Chairman Evan A. Wyatt, Director, Frederick County Department of Planning and Community Development John Riley, County Administrator, Frederick County �t Lynn L. Sims APR i_ 0 ZUU. Attachment A Public Law 104-333 (H. R. 4236) Omnibus Parks and Public Lands Management Act of 1996 (Enrolled Bill (Sent to President)) SEC. 606. SHE NANDOAH VALLEY BATTLEFIELDS. (a) SHORT TITLE- This section may be cited as the "Shenandoah Valley Battlefields National Historic District and Commission Act of 1996". (b) CONGRESSIONAL FINDINGS- The Congress finds that-- (1) there are situated in the Shenandoah Valley in the Commonwealth of Virginia the sites of several key Civil War battles; (2) certain sites, battlefields, structures, and districts in the Shenandoah Valley are collectively of national significance in the history of the Civil War; (3) in 1992, the Secretary of the Interior issued a comprehensive study of significant sites and structures associated with Civil War battles in the Shenandoah Valley, and found that many of the sites within the Shenandoah Valley possess national significance and retain a high degree of historical integrity; (4) the preservation and interpretation of these sites will make a vital contribution to the understanding of the heritage of the United States; (5) the preservation of Civil War sites within a regional framework requires cooperation among local property owners and Federal, State, and local government entities; and (6) partnerships between Federal, State, and local governments, the regional entities of such governments, and the private sector offer the most effective opportunities for the enhancement and management of the Civil War battlefields and related sites in the Shenandoah Valley. (c) STATEMENT OF PURPOSE- The purposes of this section are to-- (1) preserve, conserve, and interpret the legacy of the Civil War in the Shenandoah Valley; (2) recognize and interpret important events and geographic locations representing key Civil War battles in the Shenandoah Valley, including those battlefields associated with the Thomas J. (Stonewall) Jackson campaign of 1862 and the decisive campaigns of 1864; (3) recognize and interpret the effect of the Civil War on the civilian population of the Shenandoah Valley during the war and postwar reconstruction period; and (4) create partnerships among Federal, State, and local governments, the regional entities of such governments, and the private sector to preserve, conserve, enhance, and interpret the nationally significant battlefields and related sites associated with the Civil War in the Shenandoah Valley. (d) DEFINITIONS- As used in this section: (1) The term "District" means the Shenandoah Valley Battlefields National Historic District established by section 5. (2) The term "Commission" means the Shenandoah Valley Battlefields National Historic District Commission established by section 9. (3) The term "plan" means the Shenandoah Valley Battlefields National Historic District Commission plan approved by the Secretary under section 6. (4) The term "management entity" means a unit of government or nonprofit organization designated by the plan to manage and administer the District. (5) The term "Secretary" means the Secretary of the Interior. (6) The term "Shenandoah Valley" means the Shenandoah Valley in the Commonwealth of Virginia. Page 1 of 6 (e) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT- (1) ESTABLISHMENT- To carry out the purposes of this section, there is hereby established the Shenandoah Valley Battlefields National Historic District in the Commonwealth of Virginia. (2) BOUNDARIES - (A) The corridor shall consist of lands and interests therein as generally depicted on the map entitled 'Shenandoah Valley National Battlefields', numbered SHVA/80,000, and dated April 1994. (B) The District shall consist of historic transportation routes linking the units depicted on the map referred to in subparagraph (A). (C) The map referred to in subparagraph (A) shall be on file and available for public inspection in the offices of the Commission, the management entity, and in the appropriate offices of the National Park Service. (f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT PLAN- (1) IN GENERAL- The District shall be managed and administered by the Commission and the management entity in accordance with the purposes of this Act and the Shenandoah Valley Battlefields National Historic District plan developed by the Commission and approved by the Secretary, as provided in this subsection. (2) SPECIFIC PROVISIONS- The plan shall include -- (A) an inventory which includes any property in the District which should be preserved, restored, managed, maintained, or acquired because of its national historic significance; (B) provisions for the protection and interpretation of the natural, cultural, and historic resources of the District consistent with the purposes of this section; (C) provisions for the establishment of a management entity which shall be a unit of government or a private nonprofit organization that administers and manages the District consistent with the plan, and possesses the legal ability to-- G) receive Federal funds and funds from other units of government or other organizations for use in preparing and implementing the management plan; (ii) disburse Federal funds to other units of government or other nonprofit organizations for use in preparing and implementing the plan; (iii) enter into agreements with the Federal, State, or other units of government and nonprofit organizations; (iv) acquire lands or interests therein by gift or devise, or by purchase from a willing seller using donated or appropriated funds, or by donation and no lands or interests therein may be acquired by condemnation; and (v) make such reasonable and necessary modifications to the plan which shall be approved by the Secretary; (D) recommendations to the Commonwealth of Virginia (and political subdivisions thereof) for the management, protection, and interpretation of the natural, cultural, and historical resources of the District; (E) identification of appropriate partnerships between the Federal, State, and local governments and regional entities, and the private sector, in furtherance of the purposes of this section; Page 2 of 6 (F) locations for visitor contact and major interpretive facilities; (G) provisions for implementing a continuing program of interpretation and visitor education concerning the resources and values of the District; (H) provisions for a uniform historical marker and wayside exhibit program in the District, including a provision for marking, with the consent of the owner, historic structures and properties that are contained within the historic core areas and contribute to the understanding of the District; (I) recommendations for means of ensuring continued local involvement and participation in the management, protection, and development of the District; and (J) provisions for appropriate living history demonstrations and battlefield reenactments. (3) PREPARATION OF DRAFT PLAN - (A) Not later than 3 years after the date on which the Commission conducts its first meeting, the Commission shall submit to the Secretary a draft plan that meets the requirements of paragraph (2). (B) Prior to submitting the draft plan to the Secretary, the Commission shall ensure that-- (i) the Commonwealth of Virginia, and any political subdivision thereof that would be affected by the plan, receives a copy of the draft plan; (ii) adequate notice of the availability of the draft plan is provided through publication in appropriate local newspapers in the area of the District; and (iii) at least 1 public hearing in the vicinity of the District is conducted by the Commission with respect to the draft plan. (4) REVIEW OF THE PLAN BY THE SECRETARY - The Secretary shall review the draft plan submitted under paragraph (3) and, not later than 90 days after the date on which the draft plan is submitted, shall either -- (A) approve the draft plan as the plan if the Secretary finds that the plan, when implemented, would adequately protect the significant historical and cultural resources of the District; or (B) reject the draft plan and advise the Commission in writing of the reasons therefore and indicate any recommendations for revisions that would make the draft plan acceptable. (g) DUTIES OF THE SECRETARY- (1) IN GENERAL- The Secretary may award grants, provide technical assistance and enter into cooperative agreements with the Commission, management entity, other units of government, or other persons to provide for the preservation and interpretation of the natural, cultural, and historical resources within the District. (2) TECHNICAL ASSISTANCE- The Secretary may make grants, provide technical assistance, and enter into cooperative agreements for -- (A) the preparation and implementation of the plan pursuant to subsection (f); (B) interpretive and educational programs; (C) acquiring lands or interests in lands from willing sellers; (D) capital projects and improvements undertaken pursuant to the plan; and (E) facilitating public access to historic resources within the District. (3) EARLY ACTIONS- After enactment of this Act but prior to approval of the plan, the Secretary may provide technical and financial assistance for early actions which are important to the purposes of this Act and which protect and preserve resources in imminent danger of irreversible damage but for the fact of such early action. Page 3 of 6 (4) ACQUISITION OF LAND- The Secretary may acquire land and interests in lands from a willing seller or donee within the District that have been specifically identified by the Commission for acquisition by the Federal Government. No lands or interests therein may be acquired by condemnation. (5) DETAIL- Each fiscal year during the existence of the Commission and upon request of the Commission, the Secretary shall detail to the Commission, on a nonreimbursable basis, 2 employees of the Department of the Interior to enable the Commission to carry out the Commission's duties under section 9. Such detail shall be without interruption or loss of civil service status, benefits, or privileges. (6) REPORT- Not later than 2 years after approval of the plan, the Secretary shall submit to Congress a report recommending whether the District or components thereof meet the criteria for designation as a unit of the National Park Service. (7) OTHER ASSISTANCE- Nothing in this section shall be deemed to prohibit the Secretary or units of government from providing technical or financial assistance under any other provision of law. (h) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT COMMISSION- (1) ESTABLISHMENT- There is hereby established the Shenandoah Valley Battlefields National Historic District Commission. (2) MEMBERSHIP- The Commission shall be composed of 19 members, to be appointed by the Secretary as follows: (A) 5 members representing local governments of communities in the vicinity of the District, appointed after the Secretary considers recommendations made by appropriate local governing bodies. (B) 10 members representing property owners within the District (1 member within each unit of the battlefields). (C) 1 member with demonstrated expertise in historic preservation. (D) 1 member who is a recognized historian with expertise in Civil War history. (E) The Governor of Virginia, or a designee of the Governor, ex officio. (F) The Director of the National Park Service, or a designee of the Director, ex officio. (3) APPOINTMENTS- Members of the Commission shall be appointed for terms of 3 years. Any member of the Commission appointed for a definite term may serve after the expiration of the term until the successor of the member is appointed. (4) ELECTION OF OFFICERS- The Commission shall elect 1 of its members as Chairperson and 1 as Vice Chairperson. The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (5) VACANCY- Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made, except that the Secretary shall fill any vacancy within 30 days after the vacancy occurs. (6) QUORUM- Any majority of the Commission shall constitute a quorum. (7) MEETINGS- The Commission shall meet at the call of the Chairperson or a majority of the members of the Commission, but not less than quarterly. Notice of the Commission meetings and agendas for the meetings shall be published in local newspapers that have a distribution throughout the Shenandoah Valley. Meetings of the Commission shall be subject to section 552b of title 5, United States Code (relating to open meetings). (8) STAFF OF THE COMMISSION- The Commission shall have the power to appoint and fix the compensation of such staff as may be necessary to carry out its duties. Page 4 of 6 ." • • (9) ADMINISTRATIVE SUPPORT SERVICES- The Administrator of the General Services Administration shall provide to the Commission, without reimbursement, such administrative support services as the Commission may request. (10) FEDERAL AGENCIES- Upon request of the Commission, the head of any Federal agency may detail to the Commission or management entity, without reimbursement, personnel of the agency to assist the commission or management entity in carrying out its duties and such detail shall be without interruption or loss of civil service status, benefits, or privileges. (11) SUBPOENAS- The Commission may not issue subpoenas or exercise any subpoena authority. EXPENSES- Members of the Commission shall serve without compensation, but the Secretary may reimburse members for expenses reasonably incurred in carrying out the responsibilities of the Commission under this Act. (12) EXPENSES -Members of the Commission shall serve without compensation, but the Secretary may reimburse members for expenses reasonably incurred in carrying out the responsibilities of the Commission under this Act. (13) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (14) GIFTS- The Commission may, for purposes of carrying out the duties of the Commission, seek, accept, and dispose of gifts, bequests, or donations of money, personal or real property, or services received fi-om any source. (15) TERMINATION- The Commission shall terminate at the expiration of the 45- day period beginning on the date on which the Secretary approves the plan under subsection (f)(4). (i) DUTIES OF THE COMMISSION- (1) IN GENERAL- The Commission shall -- (A) develop the plan and draft plan referred to in subsection (f), in consultation with the Secretary; (B) assist the Commonwealth of Virginia, and any political subdivision thereof, in the management, protection, and interpretation of the natural, cultural, and historical resources within the District, except that the Commission shall in no way infringe upon the authorities and policies of the Commonwealth of Virginia or any political subdivision; and (C) take appropriate action to encourage protection of the natural, cultural, and historic resources within the District by landowners, local governments, organizations, and businesses. (j) AUTHORIZATION OF APPROPRIATION- (1) IN GENERAL- From the amounts made available to carry out the National Historic Preservation Act, there are authorized to be appropriated to the Commission not more than $250,000 annually to remain available until expended. (2) ASSISTANCE - (A) (A) From the amounts made available to carry out the National Historic Preservation Act, there are authorized to be appropriated to the Secretary for grants and technical assistance pursuant to subsections (g) (1), (2), and (3) not more than $2,000,000 annually to remain available until expended. (B) The Federal share of any funds awarded under subsection (g)(2) may not exceed the amount of non -Federal funds provided for the preservation, interpretation, planning, development, or implementation with respect to which the grant is awarded. (3) LAND ACQUISITION- From the amounts made available to carry out the National Historic Preservation Act, there are authorized to be appropriated for land acquisition Page 5 of 6 pursuant to subsection (g)(4) not more than $2,000,000 annually to remain available until expended. (4) MANAGEMENT ENTITY- From the amounts made available to carry out the National Historic Preservation Act, there are authorized to be appropriated to the management entity not more than $500,000 annually to remain available until expended. Page 6 of 6 • Attachment B • Shenandoah Valley National Battlefields No \ Market McDowell Second Ke:ntitown Cedar Creek Fisher's Hill U 0 Second Winchester I Tom's Brook �- Crass Keys Port Republic © Approximate l ocat,o0 of Batt]WIOAC (see maps 2 - 21 for details on Individual battlefields) National Park Service Interagency Resources Division Cultural Resources GIS Facility April 1994 Virginia Shenandoah Valley National Battlefields SVI 37 aaWrels.A aea ^uW4:e CA 16904*.18 600"an LIJ How. .ors 81104WO1 Perk BourAarf cMeb HOK" (277 aaar) Opequon Battlefield September 19, 1864 Frederick Co. j � Clarke Co. t i 5cl4 M 6� O Shenandoah Valley National Park Service Interagency Resources Division Cultural Resources C31S Facility April 1994 Shenandoah Valley National Battlefields SHVA 80,000 paga 1H oM 2' • • 6,'C hod area cwda rof ygls= J"grwban ® N wow Car. Pw% 3wndwy .9arjerowe cow Ha" (222 aoaa) Opequon Battlefield September 19, 1864 Opequon Battlefield National Park Sete✓ice Intersyency Resources Division Cultural Resources GIS Facility April 1994 Shenandoah Valley National Battlefields 3MVA 80.000 O&W 19 of 27 Scala nol flaw` • • Attachment C am etc 1 egAe -- \ SAP ;Ys.lgr frm lain Ford it V lkraa Sewers fad sw-" Swig • . � MCC" Hwe bdra 5pe¢ se-•••+9522 Sim Far •n hose Suv+q Sarnwfau. • Mwr **is fad K"95 w d Mar yn M°m.Aa }� U�) Bnm Fairy fro BA"Hwx w(oe) ,.. 50 1 ` akd 9dM JW ww& M (+se) . YYu-.L..mf ,r f11i ' Old Tan Wnchster I'orse M mow S Fra Hor- se) 37 Wary PMr LnWid 6i wr aN"W fsld V-aW" rrd Ali" flared rr PMMMW ■ &�wsd�g9,senq Sion Oaa F.". ar•ere && w w ti a•a//0 (u.Ma saq ara . \�1 D..roo.e my s" oral SOUR(LS: Sherwrdoafl Vaky BattleW& National lkslow [)sMd Looms Dn GeNfaoK hbnnabn Syslen: NaWrel Park Servxe: S" of Cid War Sdes 5 MILE 5 In rtre S-ewdoan Valley of Nrgrna (19W ): ONus Map E-10 Opequon (Third Winchester) Battlefield SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT MANAGEMENT PLAN, SEPTEMBER 2000 fLr Mx I c,r�: t..vae Hy..r ft—R— � sao»a.a %w 1n ftm" maw � — HH ■.w G..e 77 O'werdak •Yls w Attachment D Sirs Q•pel I+rr) ,E ON —14 Xf hrr+�l'T rir Dr--from H/b� N `• Ala Yu.vv+lq •.oq Lrvwq sn.a,yt...,. • rn-,.way sn.s,dF�+o,e • lyYelsms DrW e.n+r lYyrs rksYl.n 4s.1 brd.l *mp i ..�rv: '. • .. n.•dr-n l arch,ot Nulryt IWaaa RmaYea arC Ramvo ■ Ic�l.� aro ❑ . wkowdu rat Na ❑ eD Ns EJ I..c W Wft1Se0Ma1 SOURCES: Shenandoah Valley Battlefields National Historic District (ommissloi MILES m�therShenand�oah Valley oftvmgl is (1992) Occul sCe. Study °f Civil War Site,. Map E-8 Second Winchester Battlefield SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT MANAGEMENT PLAN, SEPTEMBER 2000 • • Attachment E-. Redbud Run Subdivision (Proposed) on the Third Winchester Battlefield Core and Study Areas and the Second Winchester Battlefield Study Area .. ♦- _ .�t•(yJ _. i _ �' . • S" ` f �i'♦`fit i � 1 � • '1 j 1 .. - i ' -'.L•, �**j i1 ..L't'••L �' "\; � • •, �I ,�v�' l I i. �✓pI �`� ./ C�fY :L' .t. if. 1� ,�. 'I /� .�: t \.\ .y': �• '"O'. �rt�'_— ``♦.: ` .�!.•:• • ". - - :♦�•,� -74. `', qv"� l-' .. — � y . � � , / . , !! � . � .�! .t^.. 14`•. lei_, .��1_ •) � .:\.I •f` 'i- ` ROOMY46 tip• / i :• - — _ r. c:.:. •+.` - '�%� C rd It C ' r :' - —'�-• _ `}��-1.—), 4��+cit r�'a v r 7� °� `.,�� . ' � r • r..l�' • ♦ /��• �1 . I ; •. (. •�'_ .'1\ \\'.1 (i- ��.7. •1\�" �' b(:YJ. •�� ., 1':� i� "J ,IS l� ��.' \♦ -•. _ Nq 77, j L _ ��J., ; ♦ ��- ::i,r 11-k_.= • r u� ��-1'•; `��..11. It ^ . \.117 - `,y •, T. f I'I J ��/� J/ i . IF Ir - '.alt'' �/� _ _� "/ 1.7t�''�1`f� � ! � - � r• ' ���'. it � Adapted from the US Geologic Survey 7.5 Minute Series Stephenson, Virginia (topographic) by the Shenandoah Valley Battlefields Foundation. 0 Attachment F: Redbud Run Subdivision (Proposed) on the Third Winchester Battlefield Core and Study Areas and the Second Winchester Battlefield Study Area Y A 0 Redbud Run Subdivision .74 (proposed) [:3 ThirdWinchester Core Area j ®Third Winchester Study Area fco A Pt_ Second Winchester Study Area A A `2 71 r ­_7 5b U rr Adapted from the US Geologic Survey 7.5 Minute Series 650 Stephenson, Virginia by the Shenandoah Valley Battlefields Foundation. J 0.4 0 0.4 0.8 Miles Attachment G. Core and Study Area Definitions National Park Service Interagency Resources Division (NPS). 1992. Study of Civil 6Var Sites in the Shenandoah Valley of Virginia: Pursuant to Public Law 101-628. Appendix C: GIS Map Database of the 1992 NPS study gives the most complete definition of study and core areas. These definitions, found on page 175 of the report, are quoted below. The study area for each battlefield is that area which encompasses all of the battlefield's a area features: staging areas, engagement areas, skirmish areas, holding action areas, bivouac areas, and troop reserve areas; ❑ sites: command posts, signal stations, hospitals, event sites (e.g. place where a general was mortally wounded) observation posts, markers, and monuments; ❑ movements: approaches to battlefield, retreats or withdrawals from battlefield, flanking movements, attack movements, and pursuit movements; and o positions: picket lines, skirmish lines, battle lines, regroup positions, artillery positions, entrenched troop positions, and unentrenched troop positions. The above features are included within a battlefield whenever they are involved in a hostile action with an opposing force or whenever they are involved in an action or reaction generated by an opposing force in immediate proximity to each other. The core area for each battlefield is that area which encompasses all the critical phases defined for the battle. Battles have been divided into phases reflecting the progress of the battle. Phases cover the convergence and deployment of opposing forces, the development and execution of the battle, and the disengagement and withdrawal of these forces. The core area of the battlefield encompasses those phases that had tactical importance to the battle, constituted the most intense fighting during the battle, or involved decisive moments or turning points of the battle.* * underlining added for emphasis Page 1 of 1 Red Bud Run rezoning i 0 Subject: Red Bud Run rezoning Date: Mon, 06 May 2002 17:03:52 -0400 From: Eric Lawrence <elawrenc@co.frederick.va.us> Organization: Frederick County Planning Department To: Chuck Maddox <gwcliff@mnsinc.com> Hi Chuck. I've reviewed the Red Bud Run rezoning submission. A few additional items are necessary to formally complete the submission: 1. The original application and proffer statement (original signatures) 2. The clerical staff has advised me that we need an additional 22 copies to enable a Planning Commission agenda mailing (42 copies for PC). They also prefer 3-hole punched copies without the binding screws. I've begun to process the application. I would request that you provide to the Planning Department these few items by Friday. Thanks. -Eric Eric R. Lawrence, AICP, CZA Interim Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us I of 1 5/6/2002 5:04 PM Red Bud Run Rezoning App. Is Subject: Red Bud Run Rezoning App. Date: Mon, 06 May 2002 15:32:56 -0400 From: "Abbe S. Kennedy" <akennedy@co.frederick.va.us> Organization: County of Frederick To: Eric Lawrence <elawrenc@co.frcderick.va.us> Dear Eric, It appears that all required information is contained in the submitted Application for Rezoning, from Clifford & Assoc., except there is no comment from the AIRPORT. All other comments, proffer statement, impact analysis, the application form, location map, impact analysis model, survey plat, copy of deed and tax verification is contained in the submitted material. However, there seems to be some discrepancy in the FEE. Per your letter, the acreage total is 159.03 ac. The acreage in the application states 157.01 ac. Also, I do not know if the fee has been submitted to the County. Please let me know how I can further assist you in this project. Sincerely, Abbe Abbe Kennedy <akennedy_(��co.frederick.va.Lis> Senior Planner County of Frederick Department of Planning & Development 1 of 1 5/6/2002 3:59 PM rids Uc Uc 1U. JOd 0 0 P. A Traffic Impact Analysis of Red Bud Run Located in Frederick County, Virginia prepared for: Gilbert W. Clifford & Associates, lnc. • 117 E. Piccadilly Street Winchester, Virginia 22601 prepared by: Patton Harris Rust & Associates, pc Ffigineers. Surveyors. Planners. Landscape Architects. R-A Th7 3.449'.�700 P inia ?.0151-1679 PH F 703.449.6713 May 1, 2002 0 may ue ue i u: n is 0 • p.0 • OVERVIEW Report Summary This study considers the traffic impacts associated with the proposed Red Bud Run development to be located along Woods Mill Road, north of Route 7, in Frederick County, Virginia, The proposed development is to include 300 single family detached residential units Patton Han -is Rust & Associates, pc (PHR+A) has complete traffic analyses for existing, 2007 background and 2007 build -out traffic conditions. Access to the site will be provided via a proposed "East-West Internal Con-nector" that will extend from west of Morgan Mill Road to east of Woods Mill Road. This will coincide with the disjointing of the Morgan Mill Road/Route 7 intersection. All trips are to be rerouted to Woods Mill Road via the proposed East-West Internal Connector. METHODOLOGY The traffic impacts accompanying the proposed Red Bud Run development were obtained through a sequence of activities as the narratives that follow document: • Calculation of trip generation for Red Bud Run, • Assessment of background traffic including other planned projects in the area of impact, • Distribution and assignment of Red Bud Run generated trips onto the completed road network, • Analysis of capacity and level of service with the newest version of tine highway capacity software, HCS-2000 (Version 4.1b), for future build -out conditions. EXISTING CONDITIONS PHR+A conducted automatic "tube counts" and manual peals hour traffic counts at the key locations within the Red Bud Run study area. Figure I shows the existing (2002) ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 2 illustrates the respective existing lane geometry and AM and PM peak hour levels of service. All traffic count data and I-ICS-2000 levels of service worksheets are included in the Appendix section of this report. • Traffic impact Analysis of Red Bud Run P RA Vlay 1, 200 I Page may uc uc i u: a is P '* • cafe .d U cd C11 C go go SITE SITE �j 00 knQl% 'n 00 p N %. 27(7G) Route 7 J L /— 633(1049) (79)71 (624)1395 .�•♦ 0.1,211 PAM Pcak Hour (PM Peak Hour) OL Figure 1 Existing Traffic Conditions OS-01-U2 may ue uc iu: n is cd O V) �O SG,J\C O b O O +` y• -�� r r� r r r r SITE ••46 ft j It SITE II 1 AM Peak Hour (PM Peal: Hour) 41 -VH�t • Figure 2 SEE BELOW Existing Lane Geometry and Level of Service 05-01-02 clay uC uC lu:DUa 0 p.b • • • 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 7 and Woods Mill Road, respectively, using an historic growth rate of 2.5% per year (compounded annually). Figure 3 shows the 2007 background ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 4 shows the respective 2007 background lane geometry and AM and PM peak hour levels of service. All HCS- 2000 level of service worksheets are included in the Appendix section of this report. TRIP GENERATION The total number of trips produced by and attracted to the Red Bud Run site were established using the 6"i Edition of ITE's Trip Generation Report. Table I provides a summary of the results. 'fable 1 Red Bud Run Trip Generation Summary AM Peak Hour PM Peak flour Code Land Use Amount In Out Total In Out Total ADT Red Bud Run 210 Single -Family Detached 300 units 55 165 219 185 104 289 3,000 Total 55 165 219 185 104 289 3,000 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 5 represents the trip distribution percentages into and out of the Red Bud Run development. Figure 6 shows the respective ADT and A.M. and P.M. peak hour trip assignments along key roadways/intersections within the study area. 2007 BUILD -OUT CONDITIONS The Red Bud Rum assigned trips (Figure 6) were added to the 2007 background traffic (Figure 3) to obtain 2007 build -out conditions. Figure 7 provides the 2007 build - out ADT and A.M. and P.M. peak hour traffic along key roadways/intersections within the study area. Figure 8 shows the corresponding 2007 build -out lane geometry and AM and PM peak hour levels of service. All HCS-2000 level of service worksheets arc included in the Appendix section of this report. P��Rn Traffic Impact Analysis of Red Bud Run May 1, 2002 Page 4 May UZ U? lU:b8a • 0 IP S �aYl b va b - � � o 0 0 � %..85(127) C O r-1 O 4-- 0(0) '~ School i L East-West 00 '~ `J o Access r Internal Connector kn ` fl "r O O O SITE (0)0 WON* O O O (U)n (0)0 ^ ]I (69)118 •- % SITE �C)O %-54(148) Route 7 J L 4—693(1125) (154)142.�" (689)1515 ••� pl-p- Figure 3 Avers a Dail i Traffic 2005 Background Traffic Conditions 05-01-02 May 02 02 10:58a P•8 'd 'd cd 14 O �+ Unsignalized = �Aos���e Intersection .b f �Hy O School,/�, A(A)x ` ♦ = East-West Access Unsignalized }(A)A * i internal Connector Intersection SITE j SITE R v Route 7 SEE BELOW AM Peak Hour (PM Peak Hour) * Denotes r.ritir.nl imsinnali?eCi mnvPment 0 Figure 4 2005 Background Lane Geometry and Level of Service os-o1-o2 May 02 02 10:59a 0 E p.9 • Figure 5 Trip Distribution Percentages 05-01-02 May 02 02 10:59a E 0 P.IU • 'd 03 O 16(10) School Access Willi r (18)5 .•••� I East-West o 0 Intem al Colulector SITE (4)1 •�/ (71)112 '-, o ev M �D 00 QN D nntP % 7 lux (s4)16 .J* •-04 %.. 0(0) 4-- 4(2) yr" 34(22) - SITE - G o N M %.33(111) 4- ml IN AM Peak Hour (PM Peak Hour) - RA -PH Figure 6 Development -Generated Trip Assignments 05-01-02 May U;� Ue 11:UUa • 0 b cd O O x o o c o^ 00 tir %.�..85(127) Orr o r 4m� 160 0) 0' 00 School J j �, t °(�) East-West " access 1 internal Connector o o �' 4-°(0) SITE '� d-3a(22) (18)5 �1 — a o c (140)230 --11 SITE 00 kn %. 8G(259) J L 4-- 693(1125) Route 7 (208)158. P (689)1515 --+ 11 AM Peak Hour (PM Peak Hour) T1 T\ A 1_11 I ` t • Figure 7 2007 Build -out Traffic Conditions 05-01-02 May 02 02 11:00a p.12 • r� • 'C7 cd 71 0.� w T�Z Unsignalized dos° Intersection o � o d *> o Unsignalized School A(A)* Intersection '� East-West cM ccess Internal Connector (A)A SITE '�' �A(A)* Q d (A)A� 1 I r SITE Route 7 SEE BELOW AM Peak Hour (PM Peak Hour) * Denotes critical unsignalized movement Figure 8 2007 Build -out Lane Geometry and Level of Service 05-01-02 May 02 02 11:01a p.13 CONCLUSION The traffic impacts associated with the proposed Red Bud Run development are acceptable and manageable. All intersections maintain acceptable levels of service "C" or better for 2007 build -out conditions. No traffic mitigation measures will be required for this development. • Traffic Impact Analysis of Red Bud Run May 1, 2002 PHR-1-A Page 11 f Rezoninj4 Application Fees • S 550.00 Base fee plus $35.00 per acre S 50.00 Refundable Fee for sign $ 550.00 Base fee $5,495.35 ($35.00 per acre x 157.01 acres) $ 50.00 Sign fee $6,095.35 Total Rezoning Application Fee • E iS • �i' ��_� it �I COUNTY of 1 RE, DERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 11, 2002 Charles E. Maddox, Jr., Vice President G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Red Bud Run, Route 7 Preliminary Review of Potential Rezoning Petition Dear Chuck: I have had an opportunity to peruse the materials referenced above, submitted to this office on February 1, 2002. The proposed petition appears to be consistent with previously provided information discussed during the UDA expansion request. I would suggest you consider providing the following additional information when the formal rezoning petition is submitted to the County for consideration: 1. Application Review Fee of $6,166. [$550 base + $50 refundable sign fee + ($35/acre * 159.03 acres)]. $550+50+5566 = $6,166 2. Survey Plat of the proposed Zoning District Boundary. Include meets and bounds, and legal description of proposed boundaries. 3. Taxes Paid verification for all parcels included in the rezoning petition. 4. Impact Analysis A. Item B: Location and Access. Provide the distances from the subject site to adjoining residences, and address potential nuisances. B. Item C: Site Suitability. Provide additional information pertaining to the location, amount (acreage), and percentage of the site that is in steep slopes and woodlands. C. Item D: Traffic. Provide a Traffic Impact Analysis as described on Page 5 of the Rezoning Application Package. Such additional information should address potential impacts and mitigation efforts proposed for both Woods Mill Road and Berryville Pike. D. Item E: Sewage Conveyance and Treatment. Provide the location, size, and available capacity of the existing sewer main to be utilized by this proposed development. Explain the effect the development proposal might have on the main's capacity. Provide distance the main is from the subject site. 107 North Kent Street • Winchester, Virginia 22601-5000 Red Bud Run REZ Page 2 February 13, 2002 D. Item F: Water Supply. Provide the location and size of the existing water main to be utilized by the proposed development. Explain the effect the development will have on the service's capacity. E. Item I: Historic Sites and Structures. The historic Wood's Mill is not on the subject property, yet you have indicated that it will be preserved in open space. What is on the site is the Miller -Wood House; this structure should be buffered from the proposed development to assist in preserving its historic qualities. Provide the distance the historic structures are from the proposed rezoning boundary lines. 5. Proffer Statement. A. "General Development Plan" might be more appropriately titled "Monetary Contribution." Revise sentence for clarification: "...the undersigned will pay to Frederick County at the time a building permit is applied for mid -issued the sum of ..." B. General Development Plan, Item #4. Who is intended to own and/or maintain the `stream preservation parcel'? Based on ownership, how will the site be made open to the public? Road Efficiency Buffer (REB) along Route 7. As you are aware, an REB is required along Route 7. Please confirm that adequate distance has been provided on the Generalized Development Plan. 7. Clarify the location of the proposed road connection with the school site access point. Thank you for providing me an opportunity to review this preliminary zoning petition. I would agree with the review agencies that you have circulated this petition to: County Attorney, HRAB, VDOT, Public Works, Fire Marshal, Department of Parks and Recreation, Schools, Sanitation Authority, and Greenwood Fire and Rescue. Once you have received all comments and satisfactorily addressed the issues raised, the petition may be formalized with the appropriate property owner signatures on the application and proffer statement. Please contact me with any questions regarding this project. Sinc ly, Er R. Lawrence, AICP Deputy Director ERL/ch U.\£•ric\Common\Rczonings\Rcd Bud Rcvim 1.wpd bilb t w. Clifford & associa es, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 31 January 2002 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Red Bud Run, Route 7 Fast Frederick County, Virginia Dear Eric, Board of Directors: President: Thomas J. O'Toole, P.G. Vice Presidents: Charles F. Maddox, Jr., P.G. Earl R. Sutherland, P.G. Ronald A. Mislowsky, P.G. David J. Stmnders, P.G. Directors: William L. Wright Michael A. Hammer 'nronuts W. Price Attached you will find a list of agencies which have received a copy of the Red Bud Run Rezoning Petition. I would appreciate your review of this list to ensure that we have sent a copy to all parties that you deem necessary for the comment phase of this petition. We have prepared this list based on an e-mail received from you office on November 14, 2001. I would also appreciate any initial comments or questions you may have regarding our proposal. I look forward to working with you as this progresses. Sincerely, gilbert w. Clifford & associates, inc. &41 C. E. Maddox, Jr., P.E., Vice President CEM/kf Enclosure F E B 0 1 2002. "PT OF RANNING0HFL0111:";1 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 AaMk (540) 667-2139 Fax (540) 665-0493 e-mail gwcai-aiii@eai-tliiiilk.net qFW Member Americcnr Consulliuug Liugineeus Council ' � r The following agencies have been sent a copy of the Red Bud Run Rezoning Petition: County Attorney HRAB VDOT Public Works Fire Marshal Department of Parks & Recreation Schools Sanitation Authority Fire & Rescue Company — Greenwood Vol. Fire Company gilbert w. clifford & associates, hic. gilbert w. clifford & associates, ine INCORPORATED 1972 Engineers — Land Planners — Water Quality 9 September 2002 Board of Directors: President: Mr. John Riley Thomas J. O'Toole, P.E. Frederick County Administrator ��,;; Vice Presidents: 107 N. Kent Street ;I Charles 1 . Maddox, Jr., P.E. Winchester, Virginia 22601 i Garl R. Sutherland, P.G. Roiudd A. Mislowslry, P.G. 1 David J. Saunders, P.G. RE: Red Bud Run Directors: McTiernan Property Rezoning William L. Wright Michael A. I hunnner Thomas W. Priw Dear John, We are pleased to provide the County Board of Supervisors with supplemental information for the Public Hearing on October 9, 2002. In the additional time required prior to this hearing we have been able to fine tune the transportation proffer and hereby attach the revised comment sheet from VDOT which approves our concept and approach. Also, you will find an additional cash proffer which we feel shows a substantial owner commitment to historic and open space planning in Frederick County. This funding will come at a time when additional resources are needed in local government and we are happy to be a partner in this effort. The proposal you now have before you is well constructed to mitigate the issues identified and to implement your comprehensive planning in the Route 7 east corridor. We look forward to discussion of the proposal with the Board Sincerely yours, gilbert w. clifford & asso fates, ine. C. E. Maddox, Jr., P.E. ice President CEM1kf Enclosure cc: Mr. Eric Lawrence, Planning Director Mr. Jay Cook, County Attorney Mr. Chuck DeHaven, Chairman, Planning Commission Mr. Richard Shickle, Chairman, Board of Supervisors Mr. W. Harrington Smith, Shawnee District Mrs. Margaret Douglas, Back Creek District Mr. Sidney Reyes, Gainesboro District Mr. Robert Sager, Opequon District Mrs. Lynda Tyler, Stonewall District Ms. Gina Forrester, Red Bud District 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 4%(540) 667-2139 Fax (540) 665-0493 e-mail gwcaramAearthlink.net %�i,mbet-An1e17ca11 (.'OIlSulthi,' ASllf,JhieeI'.S Comicil a lD REZONING REQUEST PROFFER Property Identification Number 55-A-105, 10fi & 1.07 Stonewall Magisterial District RED BUD RUN Preliminary. Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $6,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. A portion of the above -described property exists within the core battlefield area of the Third Battle of Winchester as delineated by the National Park Service. A portion of the site also possesses a sensitive linear environmental area surrounding Red Bud Run. The site is not a govermnent priority for acquisition as a part of the Battlefield Park. There is a priority identified to protect the view shed along Berryville Canyon (Va Rte 7), and this has been acknowledged and mitigated in (8) below. Also, a plan to set aside and protect the sensitive environmental areas along Red Bud Run has been proffered. Frederick County together with the Shenandoah Valley Battlefields Foundation has also reached agreement on funding of historic preservation and for the installation of historic' trails and other improvements. The owners have discussed this program with County Supervisors and are moved to voluntarily assist in this continuing capital investment program. For these reasons the Property Owner hereby proffers to pay to Frederick County at the time of building permit the sum of $1000.00 per lot as an unrestricted gift for Historic and Open Space Preservation. It is specified that these funds may be used for either or both Historic Battlefield Preservation and Open Space Preservation. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. (Revision 9/5/02) Page 1 of 4 REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: (See 2 on Proffer Plan) • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. • Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a. right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. Enter into a signalization agreement with VDOT regarding the new intersection. A series of interconnecting roads shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the event improvements for sight distance are required for the street connection on Morgans Mill Road this work shall be performed by the property owner. 4. All lot and tertiary road system access to be directly on the internal street system. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel shall be held and preserved in ownership by the owner until an appropriate open space plan is approved by the Board of Supervisors at which time the land and/or rights shall be transferred to the approved management agency. 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Ilollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control e?isting under Virginia law. 8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan). (Revision 9/5/02) Page 2 of 4 REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run 9. A viewshed protection plan shall be prepared in concert with the County Planning staff for frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road or VA Route 7. (See 9 on Proffer Plan). 10. The property owner shall, if directed by the Board of Supervisors, obscure the median crossovers at the Morgans Mill Road intersection with VA Route 7 and shall construct a right turn lane on westbound Route 7 into Morgans Mill Road. All work shall be in accord with permits issued by VDOT. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Be/u c (� G By: ri�`�Zry'Z�� atrick A. McTiernan Thomas M. McTiernan Date: 9%'S-)Z STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: 9) S Th�fo�regoing instrui e t was acknovvl�edge before me this r5*' day of _ 2002, by )`t?-i y' �. i1 . + 1G' M C __ I T , e % a nor-, My commission expires f Notary Public _A _ (Revision 9/5/02) Page 3 of 4 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART OF REZONING TM55 Parcel 107A PJ & DG McTiernan\ 2 Acres 'Oda Mill S cANO6" 0 2Id9 MHPe 5 Pa 10 ------------- .Entrance _Etederidc-�o. ,Schpgs ` __ 1 � � _--- ---- .� -�,, _ �; Total Lands for - --------- Rezoning - 157.01 11c. ----------- Red Bud Run gilbert w. clifford associates, inc. O PROFFERED PLAN ' L.nd ^""'r' vMa.r °i'�' 117 E Pica* SL WAdmW, Yf9ira 22601 SIDACMU AUCISIDW DSnWT FROMI K COUNTY INGNI YOKE (540) 667-2139 FAX. (540) 665-M aft 9KW mrmimr-00m Rezonin-, Comments Red Bud Run Virginia Department of Transportation Mail to: Virginia Dept_ of Transportation Attu. Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Mailing Address: c/o C. E. Maddox, Jr. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Virginia Department of Transportation Comments See attached comments from VDOT to the proposed rezoning of the Patrick A. McTiernan and Thomas Pi. McTiernan Property at Routes 7, 656 and 660 dated September 3, 2002 Copy: Mr. Eric Lawrence VDOT Signature & Date: -'QNotice to Advisory Board — Please Return is Form to the Applicant l ,Nip cier��-� �d12."trznTN „.j COMMONWEALTH H ®f V][RCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 3, 2002 Comments to Proposed Rezoning Ref: Patrick A. McTiernan & Thomas M. McTiernan Property Routes 7, 656 & 660 Frederick County JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 7, 656 & 660. Routes 7, 656 & 660 are the VDOT roadways which have been considered as the access to the property referenced. VDOT, through discussions with Frederick County and the developer's engineer, is satisfied that the transportation proffers offered in the McTiernan Property Rezoning Application received August 19, 2002 (revised) and based on the June 26, 2002 Traffic Impact Analysis addresses our concerns. VDOT recommends during site plan development, good engineering design practices prevail to promote traffic control and traffic calming measures, i.e. chicanes, chokers and raised median islands, etc, as part of this project design. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of- way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Steven A. Melnikoff, Transp tion Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING Rezoning Application RED BUD RUN Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 540-667-2139 Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE RED BUD RUN PROPERTY Stonewall Magisterial District December, 2001 Prepared by: Gilbert W. Clifford & Associates, Inc. 1 17 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-09493 E-mail: gweliff@mnsinc.com Table of Contents I. Application II. Summary III. Impact Analysis A. Project Background B. Location and Access C. Site Suitability D. Traffic E. Sewage Conveyance and Treatment F. Water Supply G. Site Drainage H. Solid Waste Disposal Facilities I. Historic Sites and Structures J. Impact on Community Facilities K. Vicinity Map IV. Frederick County Impact Model V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket IX. Appendix p p i7 I u H I APPLICA TION H REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o C. E. Maddox, Jr P E VP 117E Piccadilly Street Suite 200 Winchester. Virginia 22601 2. Property Owner (if different than above) Name: Patrick A. McTiernan Thomas M. McTieman Address: 3. Contact person if other than above Telephone: (540) 667-1494 (540) 662-5712 Name: Charles E. Maddox, Jr.. P.E. Telephone: 540-667-2139 G.W. Clifford & Associates, Inc. 4. Checklist: Check the following items that have been included with this application. Location Map x Agency Comments Plat x Fees Deed of property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x n 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: Patrick A. McTiernan Thomas M. McTiernan 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant Undeveloped & One SF Dwelling SF Detached ZONING S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. 2 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-105, 106, 107 & 107A Districts Magisterial: Stonewall High School: Millbrook (new) Fire Service: Greenwood Middle School: James Wood Rescue Service: Greenwood Elementary School: Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 159 RA RP 159 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 300 Townhome Non -Residential Lots Mobile Home Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other Multi -Family Hotel Rooms 3 12. Signature: 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. 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. We hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s) Date Charles E. Maddox, Jr., P.E.,VP — G.W. Clifford & Associates, Inc. Patrick A. McTiernan Thomas M. McTiernan Date Date 2 Red Bud Run ID # Name Address Zoned Use 55-A-87A Frances V. Cole 163 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-88 Annett M & Franklin L Pitcock P.O. Box 2264, Winchester, VA 22604 RA Vacant 55-A-89 I afelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-90 Commonwealth of Virginia P.O. Box 67, Richmond, VA 23218 RP VDOT 55-A-92 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Retail 55-A-93 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-94 Barry H Walker & Georgia Miller 2196 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-95 Ralph Lee Cooper, Jr. 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-96 Ralph L & Betty E Cooper 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-97 Virginia & John D Orndorff 2222 Be ille Pike, Winchester, VA 22603 RA Residential 55-A-98 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-99 John D Orndorff 1295 Red Bud Road, Winchester, VA 22603 RA Residential 55-A-100 Thomas E Kain, Jr 2230 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-101 Barbara V Herron 684 Calmes Neck Lane, Boyce, VA 22620 RP Residential 55-A-102 Clarke Loy & Anna Marie Beach 2372 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-103 Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 MH1 Vacant 55-A-104 Berland M Funkhouser, et als 164 Rustic Wood Lane, Winchester, VA 22602 RA Residential 55-A-109A Bryan Scott Jenkins 420 Westside Station Road, Winchester, VA 22601 RP Vacant 55-A-109B Jeffrey G Jenkins 1631 Redbud Road, Winchester, VA 22603 RP Residential 55-A-116 Redbud United Brethren Church 20 S. Cameron Street, Winchester, VA 22601 RA Residential 55-A-117 Pauline R Strosnider Bowers 1506 Redbud Road, Winchester, VA 22603 RA Residential 55-A-118 Dawn M Stulta & Debra J McNeil 328 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-119 Supreme Council of the House Red Bud Road, Winchester, VA 22601 RA Residential 55-A-18 D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant --Wayne 55-A-19 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-20 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-21 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-22 County School Board of Frederick 5 N. Kent Street, Winchester, VA 22601 RA Educational 55-A-107A Patrick J & Deborah G McTiernan 223 Woods mill Road, Stephenson, VA 22656 RA Residential 55-A-108 55-A-138 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Vacant 55-A-139 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Residential 55-A-140 George H &Rosemarie Lamson 405 8 Street NE, Charlottesville, VA 22902 RA Vacant 55-A-141 William D Alexander III 183 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142 Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142A Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Vacant 55-A-172 William C Whitmore, Jr., et als P.O. Box 550, Purcellville, VA 20134 RA Vacant 55-A-174C Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 RA Mobile Home Park 55-1-A Ivadelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-1-B Linda F Funk & Shirley Moreland 140 Morgan Mill Road, Winchester, VA 22603 RA Residential Rezoning Application Fees $ 550.00 Base fee plus $35.00 per acre $ 50.00 Refundable fee for sign $ 550.00 Base fee $3,675.00 (35.00 per acre x 105 acres) $ 50.00 Sign fee $4,275.00 Total Rezoning Application Fee VIA GENERAL CRITERIA SUMMARY Red Bud Run i I' II. General Criteria and Summary ' The Impact Analysis Statement in Section III is provided in summary form for the property known as "Redbud Run". The property is located on VA Route 7 East at Woods Mill Road. The land to be rezoned totals 159.0 acres. The three parcels are currently ' zoned Rural Area (RA). The requested rezoning is to change the current 159 acres of RA to Residential Performance (RP). ' The property is shown on the attached Location Map (Figure 1). ' The Impact Analysis Statement for Red Bud Run is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/developers have proffered an amount that will offset ' the projected negative fiscal amounts in accordance with directives of the Frederick County Board of Supervisors. There are residential units proposed as part of this rezoning request. The property will support approximately 350 single-family homes based on 2.3 per acre, which is the average for single family developments in the UDA. The property is planned with interconnected subdivision streets that link Morgans Mill Road (Rt. 656) including Red Bud Run Elementary and Millbrook High School site with Woods Mill Road. Improvement of the Woods Mill Road intersection with VA Route 7 is needed and is the subject of a transportation proffer which mitigates impacts. Preliminary engineering design studies have been completed and utilized to fashion the General Development Plan (GDP) which is utilized in the proffer statement. The engineering recommendations have allowed the configuration of facilities used in the impact analysis that follows. A total of 300 single family units have been determined to be the highest and best use of this site. The proffer statement limits this project to 300 single family home sites and this limit is used in the assessment of impacts. The property proposed for RP zoning is located in the Urban Development Area (UDA) of Frederick County by action of the Board of Supervisors. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is an opportunity for quality development for residential uses. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service are available to the property. Natural gas and electric service are available to the property. s'p MIM 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART OF REZONING TM55 Parcel 107A PJ & DG McTiernan 2 Acres w 8 CDv / V \ G / 4 M' 0 I to Figure I ti Red Bud Run gilbert w. clifford associates, inc. LANDS FOR REZONING LOCATION MAP Emeamm LAnd Plunwa W'tff Qnft QS 117 L Moo* SL lrndwder, Yrginia 22601 " STONEWALL AG4G/STERw D/STR/CT fRED£R/CK COUNTY, wG/N/A I VOICE: (540) 667-2139 FAX: (540) 665-0493 BLIP gwddfOmn*r- m Red Bud Run The rezoning of the 159 acres of the Red Bud Run property fits within the guidelines of the Frederick County Policy Plan for the area. Analysis of the Route 7 corridor and the Northern UDA area shows that a significant shortage of available single family lots exist when measured against market demand in this corridor. This is likely contributing to a Route 7 driven market demand for lots in the rural areas of Frederick County. (See Figure 1.1) This rezoning and subsequent development will provide a needed addition to Frederick County's inventory of low density higher value housing without transportation limitations, in close proximity to services including schools. N 0 2 4 Miles 0 Agzkxkvm1%st<1ds 2t09 IIIA 20" L• $ /rrimay /v S. I q 7aitay 1"d - 2106 Now ftmtun Icily Qf - is Off-2t �2t•37 79 - 46 I5-55 55-51 73-ti Cuiwa lin New Stucture Density 1996 - 2000 Frederick County Source: Frederick County Planning Figure 1-1 RED BUD RUN gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality STRUCTURE DENSITY MAP 117 E. Picadilly St. Winchester, Virginia 22601 COUNTY OF FREDERICK, VIRGINIA Voice: 540-667-2139 Fax: 540-665-0493 Email: gwclifF@rnnsinc.com u 7 III ' IMPACT ANALYSIS j C� Red Bud Run III. Impact Analysis A. Site Background and History kripact Analysis Statement ' The Red Bud Run site (McTiernan property) is located immediately north of the U.S. Route 7 corridor and adjacent on both sides of Woods Mill Road at its intersection with Route 7. Recently, upon recommendation of ' the Comprehensive Plan Subcommittee of the Planning Commission, the Planning Commission and action by the Board of Supervisors this site has ' been included entirely within the urban development area. (Figure 2 shows the entire site rezoning boundary and its relationship to other adjacent uses.) This 159 acre site has been in the McTiernan family since January 1934. Prior to the McTiernan's, were a succession of owners including the Wood ' family (Joseph [1804], Issac and Charles) who operated "Red Bud Mills" on a portion of the tract for many years. The property was originally part of a conveyance from Thomas Lord Fairfax to Joseph Hubbs in 1761. The property includes land designated by the Frederick County comprehensive plan as Urban Development Area (UDA). In accord with the Frederick County Comprehensive Policy Plan, lands within the UDA are eligible for rezoning for residential purposes and fit within the areas of ' the County where orderly growth should take place. L C�� Figure 2 RED BUD RUN gilbert w. clifford & associates, inc. Engineers band Planners Water Quality VICINITY MAP 117 E. Picadilly St. Winchester, Virginia 22601 COUNTY OF FREDERICK, VIRGINIA Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff,&_mnsinc coin Red Bud Run Impact Agralysis Slatenteni B. Location and Access Red Bud Run is located in the Route 7 corridor east of the City of Winchester. Its proximate location to the Woods Mill Road intersection with VA Route 7 provides excellent traffic characteristics and transportation availability. Impacts on existing county residents are minimized by direct connection to an arterial highway. The site is bounded on the north by Red Bud Run a tributary of the Opequon Creek and a portion by the Red Bud Road (See Figure 2). Morgans Mill Road is the boundary on the west side of the site and Route 7 to the south. Also on the north is the existing site of the Red Bud Run Elementary School and the new Millbrook High School which is presently under construction. Red Bud Rear Impact Analysis Statement ' C. Site Suitability Figures 3 and 4 provide a description of the site as it relates to surrounding ' land uses. The land is characterized by high plateau area near the center surrounded by steeper slopes on the north and south. The majority of the site drains to the Route 7 corridor (92 acres). The site is approximately ' 60% wooded with hardwood forest cover. The upper plateau area has been cleared for farming use. There are ten single-family uses located around the periphery of the project and three large farm uses to the north. ' The site exists within the Martinsburg shale geologic area of Frederick County similar to the geology of most prior development within the UDA. ' The site rises from a low elevation along Red Bud Run of 550 to a high of 667. ' A flood plain exists along the north boundary of Red Bud Run. The site is within the Frederick County SWSA and utility service is available to the site. Built out portions of the UDA can be found to the south of Route 7 ' including Pioneer Heights, Blue Ridge Mobile Home Park, Shenandoah Hills and the Opequon Wastewater Treatment Facility. Utilization of the t central portions of the site for single family uses and protecting the steeper slopes, woodlands and flood plain areas provide excellent natural buffers and a good environment for the proposed use. By reducing the possible ' density by proffer, excess lands are created which provides for a greenway corridor along Red Bud Run of 19 acres. This corridor, free and clear of ownership regulation by the zoning ordinance allows the opportunity to ' preserve 3800 feet of Red Bud Run Stream Valley in its natural state with potential links to other preservation activities in the region. L y Y. i i iW,fmt;Ri 100 Year Floodplain 11 !1 I WA - %'' `, `„-__= _ J :e' ` .� Figure 4 NORed Bud Run gilbert w. Clifford associates, inc. II� o w TOPGGRAPHIC MAP t� e� water Quality 117 E PkWk SL Wncheeer, V0960 22601 " srowwALL WGIVERML D1SMICT FREDERICK COUAgY, KRum VOICE: (540) 667-2139 FAX: (540) %5-OA93 DMC gKW*mnskx.cam Red Bud Rrnr Impact Awlysis Statement D. Traffic Current traffic counts on U.S. Route 7 at Woods Mill Road are 9,928 (WBL) and 12,243 (EBL) trips per day. Route 7 is a four lane divided highway and has an excellent capability to handle the additional trips created by this project. At 2.3 dwelling units per acre the site can yield up to 350 homes sites. Single family use at the site has been limited by proffer to 300 homes. ITE traffic generation for this density predicts 3,500 TPD to be created as a result of this rezoning. See Figure 5 for the proposed area transportation plan for this project. In order to mitigate traffic impacts for this land use change, an extensive improvement project has been proposed and has received conceptual approval by VDOT (See Figure 6). This plan will include the improvement of Woods Mill Road to the Route 7 intersection and an improvement of Route 7 including eastbound on and off ramps and the provision of a stoplight for westbound traffic control. Also, a plan to limit traffic on the Morgans Mill Road has been proposed. A minor collector roadway through the project will link the proposed school site with the improved Woods Mill Road corridor thereby allowing alternate access to the school site from the project, the Route 7 corridor and from the rural areas north of Red Bud Run. The attached Figure 5 shows current and future traffic patterns within Frederick County at this location. Figure 5 shows a significant recent development density of housing to the north, generally on 5 acre and larger lots. These lots continue to be developed without plan for impact on area roadways and without funding for mitigating improvements. The transportation proffers contained in this rezoning petition will provide improved safety by public offsite improvements which will have a positive impact on all uses north of U.S. Route 7. Attached is correspondence with VDOT and the traffic consultant findings and recommendations. - 1. L • 't �, f ROADWAY CONNECTION ,'• TO SCHOOLS �- Schools IMPROVED WOODS .• � � • � MILL ROAD • _ Project Si • `� IMPROVED MHP ,'r INTERSECTION •s .' ' WWTP RED BUD RUN PROPOSED AREA TRANSPORTATION PLAN COUNTY OF FREDERICK. VIRGINIA Figure _5 gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff�d.mnsinc.com ' gilbert w. clifford & associates, inc INCORPORATED 1972 ' Engineers — Land Planners — Water Quality ' 25 September 2001 Mr. Steve Melnikoff ' Virginia Department of Transportation 14031 Old Valley Pike Edinburg, Virginia 22824 ' RE: "Red Bud Run" Woods Mill Road and Va. Route 7 Intersection ' Frederick County, Va. Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddos, Jr.. P.E. Earl R. Sutherland. P.E. Ronald A. Mislowsk-N., P.E. Da),id J. Saunders, P.E. Directors: William L. Wright Michael A. I lammer Thomas W. Price Dear Steve, ' Thank you for our discussions regarding the above project. ' We have been discussing the potential of the owner of the 155 acre parcel to the north of Va. Route 7 proposing road improvements as a proffer to a rezoning request to Frederick County. I have attached three 'copies of a plan which has been modified several times since our earlier discussions. Also you will find a report prepared by Mr. John Callow, P.E. regarding traffic characteristics at the intersection. ' Mr. Callow reported to me that he discussed this report and plan in a meeting with Mr. Kelly Downs in taunton and that a conceptual plan such as we propose (as it may be revised during final design drawing and reviews) would be acceptable as an improvement for the traveling public at this intersection. I have also 'advised that our project will create an additional 3,000 trips per day at this intersection using the Woods Mill Road corridor. ' I would appreciate your advice about our approach. As always, I appreciate your assistance in this matter. ' Sincerely, gilbert w clifford ass ciates, inc. rC. E. Maddox, Jr., P.E., i e President 'CEM/kf Enclosure I cc: Mr. John Callow, P.E. '0 1 17 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcli n mnsinc.com Member American Comvulling A'mgineerr Commcil P11RCA .t, Melmor'zza"clLama 14532Lee Fbad Phone 703A496700 ChNIMV. VA Fax 703A49-6714 20151.1679 Ertud JohnQillow@+f�Aoom To: C.E. Maddox, Gilbert W. Clifford & Associates, Inc. From John Callow, PHR&A Date: April 4, 2001 Re: Borden Property - Intersection: Route 7 & Wood Mills Road Patton Harris Rust & Associates (PHR&A) has prepared this document to identifv the current conditions at the intersection of Route 7/Wood Mills Road and to provide a conceptual recommendation for improving intersection capacity/operation. The 161lowing intormation is provided in this memorandum: 1) existing 24-hour, AM peak hour and PN1 peak hour traffic volumes, 2) existing Highway Capacity Software (FICS 3.2) levels of service, 3) existing intersection configuration and 4) a conceptual redesign to improve intersection capacity/operation. PHR&A conducted manual AM and PM peak hour turning movement counts and automatic directional 24-hour tube counts at the intersection of Route 7 & Wood Mills Road. Figure I is provided to show the existing traffic volumes, the existing levels of service (using HCS 3.2) and the existing intersection configuration. Based upon the information provided on Figure I, PHR&A determined a conceptual redesign that would improve intersection capacity/operation. Figure 2 provides this proposed intersection scenario that can accommodate normal intersection volumes more safely than the present situation. No feasibility work has been done to determine cost and the potential for making the geometric changes. Page 1 of 2 Chuck Maddox From: "Funkhouser, Rhonda" <RFunkhouser@VDOT.STATE.VA.US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> Cc: "Diamond, Jim" <JDiamond@vdot.state. va.us>; "Downs, Kelly" <KDowns@vdot.state. va.us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry" <BSweitzer@VDOT.STATE.VA.US> Sent: Tuesday, October 23, 2001 2:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref. Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County I; Dear Chuck: ' A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. ' Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) ' the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. ' The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of ' traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. ' The proposed Concept Plan is acceptable to this office. However, the transition from Concept to Preliminary Design should be made in a manner ' which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site conditions. A prerequisite to design (including preliminary design) should ' be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 Page 2 of 2 creates any undercutting of existing roadway. The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FHWA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) 10/23/2001 Red Bud Run linjvctAnalyrisStatentent E. Sewage Conveyance and Treatment Attached Figure 7 shows the plan for providing gravity sewer service to the subject site. The Frederick County Sanitation Authority facilities are located on the Blue Ridge Mobile Home Park site. An offsite sewer system will be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. A cooperative effort among property owners in this area has been proposed. A sewage lift station is required for utilization of the Blue Ridge Mobile Home Park sewer and this station will also service lower portions of this existing project which are presently unserved with sewer. The Frederick County Sanitation Authority has recently negotiated capacity in the Opequon Regional Wastewater Treatment Plant that will handle this project as well as future growth in the urban development area. Sewer service needs for this project are estimated to be 60,000 gpd at build out, based on the Authority average of 200 gpd per residential unit. u Red Bud Run SANITARY SEWER SYSTEM bR TS *e, gilbert w. clifford Figure 7 �8c associates, inc. Engineers Land Planners water QualitY 117 E F5co3y St. Widoester, Yrghu 2260 i VOICE: (540) 667-2139 FAX: (540) 665-0493 DW grciffOmsinc.aom Red Bud Run Impact AnalysisStatemeirt F. Water Supply Water supply would be extended from a water main located to the south of Route 7 and presently serving the Blue Ridge Mobile Home Park. Also a water loop would be established through the site to the school site located on the north. Water mains will follow roadways within the project and provide internal looping in accord with FCSA policy. Residential fire protection will be provided by hydrant locations strategically located within the development. Static water pressures will vary from 50 psi to 90 psi based on elevation of the use. A preliminary plan for water improvements is shown as Figure 8. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to this project by the Frederick County Sanitation Authority. llwJ e M R i� w C Qa O rederick Co. h s 00 fiqur& 8 ti Red Bud Run gilbert w. clifford associates, mc. o cN WA TER SUPPL Y SYSTEM Roghumm Land Ptmmws water 4uliey 117 E Pica y SL t rdmtc, Yrgao 22601 �' STONEWALL AMGWERIAL DIS777/CT fREDERICK COUNTY WRGIN/A VOICE: (540) 667-2139 FAX. (540) %5- 0493 WL 9wM m siw-can Red Bud Run Impact Analysis Statement G. Site Drainage This project will employ a curb and gutter drainage system with connecting storm sewers which drain primarily to Ash Hollow Run and Red Bud Run both of which discharge to Opequon Creek. Storm water management basins will be installed to meet objectives of state and local drainage law. In addition, those minor improved areas which discharge to the Red Bud Run Watershed will receive the best available management of silt and nutrient loading required by Virginia law for any watershed in the state. Preliminary locations for basins have been selected and shown along with drainage divides on Figure 9. Storm water detention and controlled release will allow proper function of downstream drainage facilities. Improvements to existing facilities may also be necessary based on final design. There are no unusual drainage issues or impacts that cannot be mitigated by proper design of this project. The intent is to preserve and protect all state waters with special emphasis on drainage to the Red Bud Run Watershed. -stp Blue Figure 9 - --- -------- ti Red Bud Run gilbert w. clifford associates, inc. SITE DRAINAGE PLAN EmOmers lAnd Water QuaHtY 117 E Picogly SL Winchester, Vir4rk 22601 /VT� K ON DAAL: gwcVfDmsinc.com ISTONEWALL wasrmw DISMICT FREDERICK LOU R / A VOICE: (540) 667-2139 FAX: (SW) 665-0493 Red Bard Run Impact Analysis Statement H. Solid Waste Disposal Facilities Solid waste is to be disposed by the individual homeowners at the Frederick County compactor site adjacent to the Greenwood Fire Hall on Route 656 (Greenwood Road). At the County estimate of per household solid waste generation of 10 lbs per day, this project will generate 547 tons per year to the County Landfill. 1 Red Bud Run Impact Analysis Statement ' I. Historic Sites and Structures Figure 10 defines historic structures in the area which are listed on the ' County's historic inventory. The site of Woods Mill and structures will be preserved by open space in the development plan. Figures 12 and 13 depict the battlefield plans for the Second and Third ' Battle of Winchester, which do impact the subject site. A close review of available accounts of the second battle indicates troop movements, primarily flanking maneuvers, used Berryville Pike (Route 7) and Woods ' Mill Road as a course of the battle. The Third Battle (Battle of the Opequon) was intense with the majority of ' General Sheridan's troops moving along Berryville Pike in the morning of September 19, 1864. This movement met stiff resistance from a single brigade of CSA troops commanded by General Ramseur from the vicinity ' of the ridge to the south of the `Berryville Canyon," in areas which are now Pioneer Heights and Shenandoah Hills. Contrary to the plan for battle, Union forward elements carried wagons which significantly slowed the Union advance. The National Park Service has designated portions of the McTiernan land ' as core battlefield, since primary troop movements to avoid the Ramseur resistance occurred across the site. ' The Third Battle, in the afternoon to the west of this site, resulted in a major confrontation between the two armies with many casualties. The action resulted in a major defeat of General Early's command which ' began the end of Confederate power in the Shenandoah Valley and likely contributed to the reelection of Abraham Lincoln. Attached are accounts of the battle used by the Frederick County Planning Staff which provide ' substantial description. To mitigate impacts on the effects of historical interpretation of the battles ' an open space plan has been created, using topographic and vegetative buffers. Open space planning for the project will provide an environmental and historical preservation corridor along Red Bud Run and ' along Virginia Route 7 corridor. Figure 11 shows a preliminary plan of this approach. Approximately 30% of this site will be preserved, with ' limits based on final design. HISTORIC LANDMARK STUDY NO. RURAL POTENTIALLY LANDMARK SIGNIFICANT 1065 WOOD—SIBELL HOUSE YES 1066 MORGAN'S MILL SITE NO 1147 EB. CLEVENGER HOUSE NO 1156 THOMAS MCTIERNAN HOUSE NO 1157 CX MILLER WOOD HOUSE YES 1158 CHARLES MILL WOOD HOUSE NO 1 5 '°od % i ���_ goo Gio r 114 g I ) � e J � / .>P 4pvp ----J redericl ,ch Red Bud Run II� o \ RURAL LANDMARKS PLAN 0 0 STONEWALL Ab4CISrmk DISTRICT FREDER1o( COUNTY, gilbert w. clifford 4 0 Fiq ure 10 associates, inc. &wioeers LAnd Planners water Quality 117 L Ficogy Sr. *dieOff, *96a 22601 VOICE (540) 667-2139 FAX (540) 665-0493 EML g"HOmnsinc.com I lip 111111111111plillill 1111 I IIIIIIIIIIIIi- 2 3M i'ld I -- tM �STREW FREYLRWMV PARM (ONOMA" Opm 4=0 to #=u* AM wft Ems, ­0 Jp '4p EVA epD Historic Preservation Buffer Along Route 7 4- 0 Total Project Area: 159 Ac. chgols Figure I I Red Bud Run gilbert w. clifford * associates, inc. Q) OPEN SPACE PLAN Enghiem LAnd PbKmm Water QLmHty 117 E " St, ffind"W, Arpile 2M STONEMLL A64GISTERAL DISTRICT FREDERYCK COUNTY ORGINA VOICE: (5Q) 667-2139 FAX (540) 665-0493 EVAL qwcW*mn3im.com SHENANDOAH VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT a— mw Ur" Scar Fw.n R.re •S: on 1' rr� S V C.W— R•do,.& 1 ./ CwT .., HN W, •�` 1�51 El i S MILES 30.000'FEET I a Ly..,R CM Wr Batd*% W Lam W. „+. A.— ---,.d �.�. SO— .adajNd.eA— I� ..,.. v.n k.. ❑ w .�.e. d...�.wr v.6. 11.vYReYd• V. ww Hi— p,.pce Ca.awn — ;.�,•,,. �a,...,.,.,,, s.><.T `r.onr vwt s..v.c. s„d. d o..Nb. s,., Map E-8 F9ure 12 Second Winchester Battlefield 1 SHENANDOA•H VALLEY BATTLEFIELDS NATIONAL HISTORIC DISTRICT u f \ c..rrb..r.r _.. v.N1(• C4..* Fr.w R•O.rMd Tt— Ford S,w—I!ugly • F1oC•.w Flrw Sr r , ......� 6.0% • Su 1 I w�.i...� Sr..v..w+w�. • A W�n�n "� h �hn �o.� CIA fY (ti^1 br.. F-, F— b✓ �b.r. + ��•e°`u C webs. SO ` ■..( as F! M C.,. aOldrr / � Oie.. L�nw.• w..,..r1 p..) ) � � M..w• - -� rN � {Nb•d�b�i..l I i )7 / c� C so 1 - sn ,.e...q �••w••• ..e ..a..... Y SMr M. �� nw..y.d l4V.Y. Sep NW ❑ 1 30. EET ra SO(DIC ES. Sr.'�`h••.' bed. Nw—W 4— y��p1,c ap�.m. irw:errsd M Sw.ca Sri a(CrI`.6r SY w fr SF.n•w1.� ..FYr +rK*•• M7 � QJr 1 Fi ure 13 Map E-10 9 1 Third Winchester (Opequon) Battlefield 1 1 1 � I � I n U CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA SECOND WINCHESM Virginia ever did." The battle was won by deft flanking (13-15 JUNE 1863) maneuvers and underscores the inadequacy of relying on entrenchments when confronted by a mobile attacking force. County: Frederick VA, and City of Winchester General Location: Valley Pike (US 11 at Abrams Creek), Apple Pie Ridge and "Louisiana Heights" W of town, West Fort, Fort Milroy, and Star Fort; S. of present day Stephenson's (US 11 S of 761). Size of Study/Core Areas: 22,274/3,113 acres GIS Integrity of Study/Core Areas: 48/52 percent; Poor/ Fair Field Assessment of Study Area Integrity: Poor USGS Quadrants: Winchester, Stephenson Campaign: Gettysburg Campaign Principal Commanders: [c] Lt Gen. Richard S. Ewell; [u] Maj. Gen. Robert H. Milroy. Forces Engaged. [c] Second Corps ANV, two divisions (Early and Johnson), about 12,500; [u] Three infantry brigades (Elliott, Ely, McReynolds), numbering about 7,000. Casualties: [c] 269 (47k/219w/3m); [u] 4,443 (95k/373w/ 3,975m&c). Significance: After the Battle of Brandy Station (9 June 1863), Gen. Robert E. Lee launched his plan for a second invasion of the north. He ordered the Second Corps, Army of Northern Virginia, under Maj. Gen. Richard Ewell to attack the US force at Winchester and dear the Lower Valley of Union opposition. In the resulting three- day battle (13-15 June), Ewell's corps defeated, routed, and nearly destroyed a US division under Maj. Gen. Robert Milroy. This victory (the apogee of Ewell's career) offered high hopes for the success of Lee's second invasion of the North, hopes that were dashed on the battlefield of Gettysburg in July. In the words of Confederate artillerist Maj. Robert Stiles, "This battle of Winchester ... was one of the most perfect pieces of work the Army of Nor -them DESCRIPTION OF THE BATTLE Prelude (12 June): On 12 June 1863, the Second Corps of the Army of Northern Virginia under Lt Gen. Richard S. Ewell, three divisions nearly 19,000 strong, entered the Valley at Chester Gap and pressed on to Front RoyaL Two divisions under Maj. Gen. Jubal A. Early and Maj. Gen. Edward Johnson continued north on the Valley Pike and the Front Royal Road to converge on the Union defenders of Winchester under Maj. Gen. Robert Milroy. Despite the superior forces that were rumored to be approaching, Milroy was confident that the strength of his fortifications would enable him to repel the Confederates or withstand a siege. The ridges west of town were heavily fortified and consisted of trenches linking central strong points or "forts". The strongest of these were Fort Milroy and Star Fort West Fort, a redoubt of six guns, featured promi- nently in the action. Phase One. US Dispositions (13 June): On 13 June, Milroy advanced elements of Elliott's brigade to Pritchard's Hill at Kernstown and sent elements of Ely's brigade to intercept any advance on the Front Royal Pike. McReynolds brigade was at Berryville. Phase Two. CS Advance on Front Royal Pike (13 June): Edward Johnson's Division of four brigades (Steuart, Williams, Walker, Jones) advanced on the Front Royal Pike driving back Union pickets. Approaching the intersection of Millwood Road about 1400 hours, Johnson deployed and swept forward, driving Union skirmishers from behind stone fences. US troops withdrew to high ground north of Abrams Creek under cover of a battery and the heavy guns of Fort Milroy. Johnson brought up a battery and engaged Union field artillery, driving several pieces from the field. The CS guns lacked the range to reply to Fort Milroy's guns and eventually were forced to withdraw. Johnson's.advance was stalled, and he awaited the arrival of Early's division to the west on the Valley Pike. Phase Three. CS Advance on Valley Pike (13 June): Early's division of four brigades (Hays, Smith, Avery, 71 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA I I I 11 I Gordon) marched toward Winchester on the Valley Pike conjunction with Johnson's division on the Front Royal %oad. Late afternoon, Early's column reached the outskirts of Kernstown and drove back the US skirmish line encountered at Pritchard's Hill. US forces retreated to Cedar Creek Grade and briefly counterattacked, but Early extended his line to the west, out -flanking successive Union positions. US cavalry attacked several times up the Valley Pike to ease pressure on the infantry. Eventually, the Union force retreated north of Abrams Creek under cover of the heavy guns from Bower's Hill and Fort Milroy. Phase Four. Milroy Withdraws into the Forts (13 June): After dark Milroy concentrated his forces inside a triangle defined by Fort Milroy, -Star Fort, and West Fort McReynolds' brigade reached Fort Milroy after marching a round -about route from Berryville, harassed by Confed- erate cavalry. Milroy's soldiers had fought well during the previous afternoon, and he was confident that he could withstand renewed Confederate assaults in the morning. In the meantime, Ewell ordered his third division under Maj. Gen. Robert E. Rodes to advance on Martinsburg via erryville to cut off Milroy's retreat in that direction. Phase Five. Early's Flank March (14 June): At dawn of 14 June, one of Early's brigades (Gordon) swept forward to capture Bower's Hill with little resistance. Johnson extended his line to the right against very light opposition; there was fitful skirmishing in the streets of Winchester. Early and Ewell conferred on Bower's Hill and decided on a flanking strategy. Gordon's brigade and two batteries were left on Bower's Hill, while Early led his three other brigades back to Cedar Creek Grade, west beyond Apple Pie Ridge where it was out of view of US fortifications, then north over Cloverdale Plantation to Walnut Grove. His column was accompanied by 20 guns. While Early made this march, Johnson advanced a line of skirmishers on the right to occupy the Federals' attention. The CS batteries on Bower's Hill opened up, touching off a duel with the Union guns in Fort Milroy. By mid -afternoon, Early's force had gained a position opposite West Fort on Apple Pie Ridge. Eight guns were positioned on the Brierly Farm northwest of the fort, while 12 guns were placed in an orchard southwest of the fort By this time he field had quieted, and the US forces believed that the Confederates had been repulsed from Winchester. Phase Six. Attack on West Fort (14 June): About 1800 hours, Early's artillery opened fire on West Fort. The twenty guns fired for 45 minutes, while Brig. Gen. Harry T. Hays stealthily advanced his Louisiana brigade through the corn and wheat fields at the base of Apple Pie Ridge. On command, the brigade rushed forward across 300 yards of open fields and swept upward into the works. After a brief hand-to-hand struggle, US defenders aban- doned the works, retreating to Fort Milroy. Hays was supported in the attack by two brigades (Smith and Avery). Early consolidated his line on West Fort Ridge, but darkness prevented further gains. An artillery duel continued until long after dark. After the battle, Ewell christened West Fort Ridge as "Louisiana Heights" in honor of Hays's brigade. Phase Seven. Johnson's Flank March (14-15 June): Ewell assumed that Milroy would retreat during the night and ordered Johnson to prevent his escape by cutting the Charles Town Road. About 2100 hours, Johnson (with Steuart's and Williams's brigades and 8 guns) marched north to Berryville Pike and west to Jordan Springs Road, where he turned north toward Stephenson's Depot About midnight, the Stonewall brigade disengaged and joined the rear of the column, leaving one brigade (Jones) astride the Berryville Pike east of town. Phase Eight US Withdrawal (14-15 June): After confer- ring with his officers, Milroy made the decision to try to "cut their way through" to Harpers Ferry on the old Charles Town Road. All of the cannons were spiked and their carriages destroyed. Shortly after midnight, the Union soldiers left their works so quietly that Early's Confederates did not know they were gone until morning. The column massed in the low ground between Star Fort and Fort Milroy, then moved down the railroad and the Valley Pike toward the Charles Town crossroad, just south of Stephenson's Depot Phase Nine. US Surrender at Stephenson's Depot (15 June): Near dawn, Johnson's skirmishers encountered the head of Milroy's retreating column near the intersection of the Valley Pike and old Charles Town road. Milroy Faced his column to the right on the pike and prepared to fight his way out of a "murderous trap." Johnson deployed his regiments along Milburn Road as they came up and advanced to the railroad and placed two guns on either F 72 I CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA k L L k LE side of the Charles Town Road railroad bridge. The rest of the artillery was deployed on the heights east of Milburn Road. As it grew light, US forces made several desperate but uncoordinated attacks against the bridge and railroad embankment The Confederates were being steadily reinforced and repulsed each attempt. The Stonewall brigade now came up in line of battle north of the road and advanced to cut the Valley Pike. This was the final blow;.Union regiments hoisted the white flag. Between 2,500 and 3,000 surrendered. Milroy and his staff, and other small units escaped to the west (Note: US casualty figures for Second Winchester vary widely. This is explained by the fact that about two thousand Union soldiers not belonging to Milroy's command were in field hospitals in the city and were often added to the number of captured and missing. Milroy, of course, played down his losses.) CURRENT CONDITION OF THE BATTLEFIELD Contrary to popular perception, Second Winchester is not a "lost" battlefield. Because of the wide-ranging Confederate maneuvers involved, the battlefield covers a great deal of ground, but the major fighting and casualties occurred at five locations: Pritchard's Hill; the intersection of Millwood and Front Royal pikes (interchange 82 of I- 81); Abrams Creek and Bower's Hill; Apple Pie Ridge and West Fort; and Stephenson's Depot Three of these locations retain high levels of integrity: Pritchard's Hill, Apple Pie Ridge and West Fort, and Stephenson's Depot The parcel of ground at Pritchard's Hill figured promi- nently in both battles of Kernstown and in the rear guard actions of Opequon. The parcel of ground at Stephenson's Depot figured in cavalry actions during the battle of Opequon and in the engagement of Rutherford's Farm (20 July 1864). Although the field over which the Louisiana Brigade attacked West Fort has been divided by the rte. 37 bypass, the terrain is still intact and adds to the interpretation of the battle. Central to understanding the Union ring of fortifica- tions at Winchester are Fort Milroy, Star Fort, and West Fort Of these, Star Fort is well preserved, while remnants survive of Fort Milroy and West Fort Portions of related entrenchments survive on ridges north and west of Winchester, although the extent of survivals has not been measured. The view from Star Fort is essential for understanding the US position at Second Winchester. Access to Fort Milroy and creation of a viewshed among trees would enhance the ability to interpret the Union situation. The routes of CS flanking maneuvers (Early to the west and Johnson to the east) can be followed. Early's route traverses well preserved rural tracts north from Cedar Creek Grade along Apple Pie Ridge. The exact route can only be followed on foot across private property. Johnson's route crosses a portion of the Opequon battlefield and follows rural roads past Jordan Spring to the intersection of rtes. 761 and 11 near Stephenson. Much of this course is through scenic farmland, although the density of housing along segments of these roads is increasing. Driving this route offers an appreciation of CS strategy and of the final action at Stephenson's Depot Many historic structures associated with the battle remain in and around the city of Winchester, including Taylor's Hotel which served as the US headquarters, and Cloverdale and Walnut Grove, which were passed by Early's flank march. PERCEPTION OF THREATS TO BATnEFia n The city of Winchester has grown up around the US defensive position, which was anchored by West Fort, Star Fort, Fort Milroy, and connecting entrenchments. In most cases, however, the ridge crests have been the last to develop as residential tracts have filled the valleys. As a result, Star Fort is well preserved; portions of Fort Milroy remain; and traces of West Fort can be located. Recently, housing has been built along West Fort Ridge ("Louisiana Heights") destroying or otherwise segmenting surviving earthworks. The northern portion of Fort Milroy was recently purchased for the purpose of development; the southern portion is owned by National Fruit Products. Seven acres of Star Fort are owned by a local preservation group, but the surrounding 50 acres are zoned commer- cial/business and are currently for sale; portions of earthworks at Star Fort are in need of stabilization; grounds would need to be cleared, planted with grass, and maintained to expand visitation and interpretation. Commercial and industrial development along rte. 522 intrudes somewhat on the viewshed. Of the five main engagement areas, Bower's Hill is a housing subdivision and site of a high school, elementary school, and water tower. A degraded portion of the field (also fought over during First Winchester) remains along railroad tracks west of US 11, but this land is scheduled for high density residential development. Johnson's position 73 CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA on June 13-14 at the intersection of Front Royal and s Twood pikes lies beneath I-81 interchange #82. Land ..ontours have been extensively altered and viewsheds blocked by dense commercial/industrial development in the vicinity. These two segments for most interpretive activities have been lost. Pritchard's Hill is privately owned and remains in a relatively pristirie state. The land between Pritchard's Hill and Bower's Hill has already been densely developed for residential and commercial purposes. The Apple Pie Ridge -West Fort parcel across which the Louisiana brigade attacked West Fort is bisected by rte. 37-bypass but is visually well preserved, maintained as pasture and apple orchards. Two historic stone houses survive adjacent to the highway, which runs through a ravine and is not particularly intrusive to the view from Apple Pie Ridge. An excellent vantage point for understanding this phase exists just south of the intersection of rtes. 522 and 679. The area south of Stephenson's Depot, site of the massive US surrender, is by far the best preserved parcel of Second Winchester. Except for power lines and towers, the land retains its Civil War appearance. This parcel covers much of the ground where the battle culminated, 'sere the most desperate fighting occurred, and where nearly 3,000 Union soldiers surrendered; its significance should not be underestimated. The parcel is owned by a local developer, but is not currently serviced by sewage lines. IDENTIFIED SrrFS AND FEATURES ASSOCIATED WITH THE BATTLEFIELD (UNSURVEYEW) Abrams Creek Abrams Delight Apple Pie Ridge Battery Hill Battery Heights Berryville Pike Bower's Hill Camp Hill Cedar Creek Grade Cloverdale* Collier Redoubt Entrenchments Fort Milroy Front Royal Pike Jonathan Smith House Jordan Springs Keckley Mills Kernstown Louisiana Heights Middle Road Milburn Cemetery Milburn Road Milltown National Cemetery Northwestern Pike Old Charles Town Road Old Town Winchester Parkin's Mill Pritchard's Hill Star Fort Stephenson's Depot Stine's Chapel (site of) Stone Houses Stonewall Cemetery Taylor's Hotel Tidball's Spring Tollgate (site of) Valley Pike West Fort Walnut Grove* Willow Lawn* Winchester & Potomac Railroad 74 m MAP � p�quoN 11�CiC{sR IT :� CIVIL WAR SITES rN THE SHENANDOAH VALLEY OF VIRGINIA 0 P H 11 11 � I OPEQUON OR THiRD WiNcmm (19 SEPTEMBER 1864) County: Frederick, VA and City of Winchester General Location: Area east of Winchester from I-81 along Berryville Pike (VA 7) to Opequon Creek. Also combat north of Red Bud Run W to US11. Stephenson's Depot. Star Fort Collier Redoubt. Size of Study/Core Areas: 11,670/4,914 acres GIS Integrity of Study/Core Areas: 54/47 percent; Fair/ Poor Field Assessment of Study Area Integrity: Poor USGS Quadrants: Winchester, Stephenson Campaign: Sheridan's Valley Campaign Principal Commanders: [c] Lt Gen. Jubal Early; [u] Maj. Gen. Philip Sheridan. Forces Engaged: [c] Four divisions (Gordon, Rodes, Ramseur, Breckhuidge/Wharton), two cavalry divisions (Fitz Lee, Lomax), about 15,200; [u] Three infantry corps (Wright, Emory, Crook), cavalry corps (Torbert), about 39,236. Casualties: [c] 3,611 (226k/1,567w/1,818m&c); [u] 5,018 (697k/3,983w/338m). Significance: Opequon or Third Winchester (fought 19 September 1864) was the largest and most desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more than 9,000 casualties. The battle was a turning point of the war in the Valley, marking the rise of Sheridan and the decline of Confederate power. Sheridan defeated the Confederate army again three days later at Fisher's Hill (22 September), forcing it to retreat up the Valley to near Waynesboro. The CS army of Lt. Gen. Jubal A. Early suffered about 23 percent casualties. Casualties for the larger Union army under Maj. Gen. Philip Sheridan exceeded 5,000, nearly 20 percent The Union XIX Corps sustained 40 percent casualties (2,074 men) and lost every regimental commander during its assaults on the Middle Field and Second Woods. The most severe fighting and casualties occurred in the large parcel east of I-81, north of rte. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most sanguinary fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Barn site at the entrance to Winchester Mall. DFSCRIPuON OF THE BATTLE Phase One. US Advance (19 September): Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon, followed by the US infantry (VI Corps, XIX Corps, and Crook's corps). At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back on their supports. Johnston's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Barn. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. Cavalry Action: About 0200 hours Brig. Gen. Wesley Merritt's cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Their crossings were resisted by Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades. The Reserve brigade (Lowell) pushed across at Seiver's Ford against fitful opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the western bank By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Memtt's division moved cautiously forward. Waiting for them was 93 CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Wharton's infantry division about a mile west of the fords, { '^ployed across the roads in woods and behind stone _nces. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Custer launched one mounted attack but was quickly repulsed. About noon, Sheridan's main infantry attack was under- way, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward along Charles Town Road. Custer followed the line of the Winchester & Potomac Railroad. About 1400 hours Merritt's division converged with Averell's cavalry division on the Valley Pike near Stephenson's Depot (See phase seven.) n Phase Three. Deployment of US Infantry. In the mean- time, the Union infantry bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detaiL Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Getty's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Getty's right and ­ctending to Redbud Run. Russell's division was held in .eserve. The XIX Corps of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm As the US infantry deployed, the CS batteries opened a furious fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the line across the Hackwood Farm to Redbud Run. Wharton's infantry and Fitz Lee's cavalry division drew a line across the Valley Pike north of town near Stephenson's Depot CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing contin- ued along Ramseur's front. Phase Four. Fighting in Middle Field. At 1140 hours, a US signal gun boomed and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking be. Birge's brigade reached the woods, driving back skirmish- ers, but then came up against Gordon's main he and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense that Molineux's flanks seemed to "melt away." Shunk's brigade was thrown forward to bolster the wavering Union line, coming in on Molineux's right rear. Shunk closed to within sixty yards of the CS line in the Second Woods. The two lines delivered pointblank volleys into each others' ranks. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Breathed) north of Redbud Run again worked execution among the retreating division. Every regimental com- mander in Grover's division was killed or wounded; casualties totaled nearly 1,500. Beal's brigade of Dwight's division deployed in the treeline at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat Gordon's men waiting along the treeline of the Second Woods laid down a murderous fire. The Union brigade did not reach within 200 yards of the Second Woods before being pinned down. They ex- pended all of their ammunition before retreating back to the First Woods. The 114th New York suffered casualties of 60 percent (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8VT and 12CT) dung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was blunted and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. 1 94 CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Phase Five. Fighting Near Dinkle Barn: At 1140 in conjunction with the XIX Corps' advance on the right, Getty's and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was positioned on high ground, stretching from the Dinkle Barn south behind Abrams Creek Ricketts' division on the right was ordered to guide its attack on the Berryville Pike, which takes a sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right Keifer's and Emerson's brigades ruptured the Confederate center at the Dinkle Bam and moved to capture a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six .Rodes's Counterattack Just as Ramseur's left flank gave way from the Union attacks, Maj. Gen. Robert E. Rodes brought his division forward from its protected position in the West Woods. About 1330 he launched a devastating counterattack into the gap that had opened' between the VI and M X Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapnel He fell somewhere along the woods line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Hill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right General Russell, directing these maneuvers, was mortally wounded. The two brigades struck Battle's attackers head-on and stalled them in the ravine from which they had emerged and drove them back on their supports at the edge of the West Woods —the rest of Rodes' division. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions—Rodes' and Russell's --closed, exchanging murderous volleys. Upton's impetuous charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn out of range to regroup. Wright called Upton's attack the turning point of the battle. 95 Phase Seven. Cavalry Action: Concurrent with the above events, there was cavalry fighting along the Valley Pike north of Winchester. About 0500 hrs. the Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action back to Bunker Hill. There the 23VA were rein- forced by the 62nd Virginia mounted infantry. About 10 o'clock, Union cavalry attacked at Bunker Hill, forcing the CS cavalry to retire. Averell continued pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23VA cavalry and the 62VA mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to the lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in line of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road. Phase Eight. Crook's Flank Attack About 1300 hours, Sheridan directed Crook's corps of two divisions (Thobum and Duval) to advance from its reserve position near Spout Spring. The divisions marched to near the "Factory" on Redbud Run, where they split up. Thobum's division moved west on the south bank of Redbud into the First Woods to relieve the EX Corps. Duval's division crossed the run and turned west accom- panied by the artillery of Capt. Henry DuPont Duval's division deployed near the Huntsberry House. DuPont unlimbered 18 guns on what has been named DuPont Hill, opposite Gordon's flank in the Second Woods and opened fire. Crook now ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turning Gordon's flank and advancing against Wharton's line, stretching from Collier Redoubt east. About this time, Thoburn's division r CIVIL WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA r L LJ' I charged out of the First Woods into the Middle Field. 'tis two -pronged assault forced Gordon to abandon the oecond Woods and align himself with Brecldnridge to his left rear. The CS line was now drawn into a compact L- shape, anchored by cavalry at Star Fort Wharton's division faced north. Gordon's division made the turn of the L and Roder' and Ramseur's divisions extended the line south to Abrams Creek. Phase Nine. Collapse of CS Line: With the success of Crook's attack on the right, Sheridan ordered a general advance against the constricted CS position on the plateau just north and east of the town. The Confederates were posted behind stone fences, rail barricades, and in shallow earthworks constructed in 1862. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing became fierce and desperate. The massed artillery of both sides fired case shot and canister. General Sheridan rode forward to the battle lines to urge his troops forward. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and en at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort Schoonmaker's brigade of Averell's division repeatedly attacked Munford's cavalry at Star Fort, eventually overrunning the work. The CS infantry withdrew to another line about 150 yards to the rear but the damage was done. The sound of Union cavalry pounding in their rear spread panic all along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Seven Federal horseman captured Confederate battle flags, each earning a Medal of Honor. Rodes's division (commanded now by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. Rear Guard Actions: General Early fashioned a defensive he at Kernstown (probably at Pritchard's Hill and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this makeshift CS defense as night fell, but the US )rces were too disorganized by success to mount an effective pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe that nearly every sizeable structure in Winchester served as a hospital after the battle. C JRRFN'T CONDITION OF THE BATTLE mw The Opequon battlefield is large and sprawling, covering thousands of acres east and north of Winches- ter. In general, much of the battlefield has been greatly degraded or destroyed by the expanding urban environs of Winchester, but several significant parcels currently remain, perhaps 800-900 acres: these include the Cavalry Field north of Collier Redoubt, the Hackwood Estate, northern half of Middle Field and First Woods adjacent to Redbud Run, and the heights (including DuPont's Hill) north of Redbud Run. Together, these parcels form a block of battlefield core that retains a high degree of integrity. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on rte. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where rte. 656 crosses Redbud Run; an old log house where rte. 659 crosses Redbud Run; Brumley House; Valley Mill Farm; Jordan Springs; Tanquary House; and others. The Hackwood Estate dates from 1777 and is a historic treasure in its own right. Preservation of this house and parcel alone would allow substantial interpretation of the battle of Opequon. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected, although without sufficient buffers. Although. hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off rte. 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall- The battery heights west of I-81 are being developed for business, industrial, and residential uses. The last surviving parcel of West Woods (adjacent to I-81) is currently being bulldozed for townhouses. 96 0 CML WAR SM IN THE SHENANDOAH VALLEY OF VIRGINIA I . The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence and sits next to the road in the midst of Fort Collier Business/Industrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the battle's later phases. PERCEPTION OF THRFATS TO BATI7 FFTF D ' Threats are immediate and of large order. If contin- ued as planned, the residential development of Caleb ' Heights and associated development would destroy the last remaining intact parcels of the infantry fighting at the battle of Opequon. According to county -approved plans, ' construction would occupy most of the area south of Redbud Run with more than 600 single family homes, townhouses, and a commercial strip. A connector road would be pushed through from the north, separating ' Hackwood and DuPont's Hill. As of this writing, con- struction has not begun and has been held up by financial transactions. The Hackwood House and property (144 acres) was recently offered for auction but the sale was postponed This property could potentially be subdivided. Regency Lakes subdivision was built several years ago on southern portions of Middle Field and First Woods. Further phases of housing development, if constructed, would cover the last portion of Second Woods, "Roder' Ravine," and another segment of the First Woods. Star Fort itself is owned by a Civil War reenactment group but the sur- rounding 50-acres is for sale and zoned commercial/ industrial. The Shenandoah Valley Civil War Foundation, a local preservation group, has negotiated to preserve a small portion of the Second Woods area as a park if develop- ment proceeds. The developer, Top of Virginia Corpora- tion, has agreed to set aside 63 acres in the area adjacent to Hackwood as a commemorative park A forty -acre parcel of Middle Field next to Redbud Run is privately owned, the owner has stated in the past that he will not develop it. IDENTIFIED SITES AND FEATURFs ASSOCIATED WITH THE BATTLEFIELD (UNSURVEYED*) Baker House (site of) Berryville Canyon Berryville Pike Brumley House Burnt Factory Farm C. Wood's Mill (site of") Carter House Cleridge Farm (Opequon Inn) Collier Redoubt Dinkle Barn (site of) DuPont's Hill Eversole House (site of) First Woods Greenwood Church Hackwood Hackwood Lane Hasting's Monument Hoffmann House (site of*) Huntsberry House (site of) I. Wood House Jordan Springs Locke's Ford Milburn Cemetery Middle Field Morgan's Mill (ruin) National Cemetery Old Town Winchester Opequon Crossing Ravine up which Rodes attacked Red Bud Mill (site of) Rutherford House (site of) Second Woods Seiver's Ford Spout Spring (Wood House) Star Fort Stephenson's Depot (site of) Stonewall Cemetery Tanquery's Ford Thomas McCann House Valley Mill Farm Valley Pike West Woods Wood's Mill (site of) Wright's Ford 97 CML WAR SITES IN THE SHENANDOAH VALLEY OF VIRGINIA Study Area Acres Percent, Core Area Acres Percent LAND USE / LAND COVER Built-up Land 6,149.06 45.22 2,35T65 45.05 Agricultural Land 5,386.21 39.61 2,011.90 38.04 Forest Land 1,678.01 12.34 484.46 9.16 Unidentified Land Use / Land Cover 384.83 2.83 409.89 7.75 Total 13,598.1 100.00 5,288.90 100.00 GIS ASSESSMENT OF DITEGRITY Retained Integrity 7,285.86 53.58 2,321.18 47.24 Lost Integrity 6,312.24 46.42 2,592.42 52.76 Level of Integrity Fair Poor TABLE 12 1991 LAND USE / LAND COVER OPEQUON BATTLEFIELD 98 Red Bud Run ImlxrG Aiialysis Statemetrt J. Impact on Community Facilities Frederick County's capital impact model has been run to reflect the impacts associated with this project. Proffers have been created that intend to mitigate the associated impacts as presented. Additional impacts will be realized by this project, namely: Schools - better access to Red Bud Run Elementary and Millbrook High School from areas north to Stephenson. Sheriff/Fire & Rescue — improved traffic control and safety and VA Route 7. Parks & Recreation — public access to the Red Bud Run preservation area. Solid Wastes - None IV FREDERICK COUNTY IMPACT MODEL C OUTPUT MODULE APPLICANT: PIN 55-A-107,105,10E Net Fiscal Impact LAND USE TYPE Residential Cos:s of Impact Credit. INPUT_MODULE.Credits to be.Take Total Potential Adiustmenl For REAL EST VAL S45,885,000 Required (entered in Cur, Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Not Cap,lal Niel Cost Per FIRE E RESCUE 1 Capital-Eacilliies col sum only) Oper Cap Equip ExpeIlC/Debt S. Taxes. Other (Unadjusted) Cos(ealance Eacilities_Impact Dwelprlg Unit Fire and Rescue Department $247,331 s0 So $247.331 S707 Elementary Schools Middle Schools $1,427.956 $756,796 $176414 $1.021.889 S1,198.303 --- 584242E $2,506.656 $7.162 High Schools Parks and Recreation S1,164,330 $510,041 $130.454 $130 454 --- $91,711 $418,330 $1,195 Public Library S93,400 $29.361 $28.061 S19,728 $73.673 S210 Sheriff's Offices $65.828 $23,116 $0 $12.128 $35.244 $24.777 $41.051 $117 Administration Building S84,479 so So s0 $54 479 S241 Other Miscellaneous Facilifies $107.404 $322.057 S54,807 S386,863 $271,971 s0 so SUBTOTAL S4,457,565 S521,586 S1.086.696 S170,643 $1.778.926 $1,25D,613 $3,206,952 $9,163 LESS: NET FISCAL IMPACT s0 $0 s0 so 10 NET CAP. FACILITIES IMPACT r--13,206.9521 $9,163 INDEX: "1.0' If Cap. Equip Included: 1.D INDEX:'1.0' if Rev -Cost Bal,'0.0' If Ratio to Co Avg. 0.0 Rev -Cost Bal = 0.491 PLANNING DEPT PREFERENCES 1.D 1.0 Ratio to Cc Avg = 0.703 METHODOLOGY 1. Capital facilities recuirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations rahrolat:ons is input in row total of second column (zero If negalve): included are the one-time taxesJfess for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits 2g2inst the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not Include include interest bacause they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Dale 1=3101 ERL P.I.N. 55-A-105. 106, d 1 D7 Rezonlrg: Assumes 157 acres zoned RP. 350 maximum single family lots proffered Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 73 w � I �� I J V PROFFER STATEMENT H p REZONING REQUEST PROFFER ' Property Identification Number 55-A-105, 106,107 & 107A Stonewall Magisterial District ' RED BUD RUN IPreliminary Matters ' Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve ' Rezoning Application # for the rezoning of 159.03 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and ' conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these ' proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan ' The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 159.03 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $5,454.00 per lot. ' This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. ' General Development Plan Voluntarily proffered is the attached Generalized Development Plan including the following ' improvements: 1. On the 159.03 acres to be zoned RP no more than 300 single family dwelling units shall be ' constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. REZONING REQUEST PROFFER Property Identification Number 44-A-89A and 44-A-89 Stonewall Magisterial District Red Bud Run 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards including eastbound left turn transition lanes, right turn lane to Blue Ridge MHP, stoplight (WBL), and Woods Mill Road widening with decel lanes. (See 1). 3. A minor collector roadway shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road and a rear access to schools. (See 2). 4. A stream preservation parcel of 27 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. 5. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 6. Stormwater runoff resulting from improvements constructed within the Red Bud Run Watershed shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2001, by My commission expires Notary Public Page 2 of 3 X ep wa 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART OF REZONING woods 'Will Rid 5 P 1 TM55 Parcel 107A Rom= Pi & DG McTiernan 2 Acres ! 49 c / .50 E 55 'ref 4 O r� Hei d _. �y���i / O 6-�6 R' a TOTAL LANDS FOR 1 �rederldc o. h / a \ �— I � � fro �.p •1° REZONING = 159.03 Ac. Red Bud Run gilbert w. clifford associates, inc. GENERALIZED DEVELOPMENT PLAN I'iod P+'° W'`°` Q"'u°' 1Vi17 L Pka* SL �od�efr. *w 22601 O STONEIYALL ANGISTERUL DISTRICT MMERCK COUNTY NRGlNL4 VOICE(�) 667-2139 FAX: (540) 665-0493 aW gKW#nwninc.com VII SURVEY PLA T & DEED i� I 0 rt S �J �U`c.0. cC-4.(u., • �i/�-C�ta-c+-� /�)p Gym / O p l— /L�✓Z.tI� `.`""�'j��1 Q-r.'J(�/�/c/-"<��J-u�'•ci 7.r (: /�•,[��.F�l[T L'I 'C�t-(4 _� _J�«�l /v✓Q/�7 /'�LC<nw���</i `✓l/ N i/�l.C�.+^�C�tAJ�/f �/�ir.I` Q.ln.� L<:I•CQai( „�< A', / M, �"/•L � � �'di^^'�; � P—dta� r3�rr/--ct.�.c. �.<� ,c[�tG� [-G,- C(i,- La.L-< ecc.G. 4 v--'1?.... // "c% u �(O JT'i.`� (/iGyyG� w , C/�-•.. G.'-'�JLL�-tic. C/�' C6�� �/ .�iu...� C�-,I'i� .l�cti.rn a e — <.�<.t , Cam... o C7-C�< ur--v (..��-..` ,o-�-c:a� f -^- ��c� ,,.✓ 'ex, H k r all Z, R, I 4 ":i/•`i.GQtiy Q.,� ^i�?K�..vGcax:c. A`2�GLtt i%'G-nJeZ.i,/�� 7/ Qa1z,,1 � CCC//u7 �LCQ cc. G YLvv �l� �l.Lrn...,,• .t�wvu �-�vv G<� -tG�. eJ-riu_e,. d�f� . � �.(, �/c�7,-� GL,,�,d� -E�.._ i� uoC� �j� � cam. W. V• �-�- �Brud., 44e --..._ . � iy�fr �";-f-�c.....� �-t�-OOG.-f��,.00 � ,�ti,�/c�r�t�.�.a J�uvn�.', /.li..�' f-:.�-�.L'C,�,,., t�./,�.�C fi. /✓�ci-�v _.. _ _ � z`oQa. ��."�LYi.��u.� R1./{y *-✓y//,�I �j'Lo-pu � £�...�E:c�,�(� � _1' Gl�.w�.,itu/-G Bc...�c. i7 r rZ2/G �/ �✓ jJZf{A.f .Gtl - µ, X1 , --�-- ----tea:. .--------,---- - -- - -- -- --- ----����,�-. • FM TOLLL4 L. KoT11� mba AL * PATRICK A. MoTIERNAN ET UX • [J • anon 299 n 13 THIS DEED made and dated this day of April, 1964, by and between Phyllis L. McTieraan, widow, Thomas M. McTiernan, single, and Patrick A. McTiernan and Catherine J. McTiernan, his wife, parties of the first part, hereinafter referred to as Grantors; and Patrick A. McTiernan and Catherine J. McTiernan, his wife, parties of the second part, hereinafter referred to as Grantees. WHEREAS, the hereinafter described realty is a portion of that larger tract of land conveyed to Patrick J. McTiernan by deed of Henry J. BrawL.y, et ux, dated January 16, 1933, of record in Deed Book 165, page 179 of the Clerk's Office of the Circuit Court of Frederick County, Virginia; and WHEREAS, Patrick J. McTiernan devised said larger tract in equal portions to Thomas M. McTiernan and Patrick A. McTiernan by his last will and testament probated the 3rd day of September, 1959 in Will Book 63, I page 335 of said Clerk's Office; and WHEREAS, Phyllis L. McTiernan, widow of Patrick J. McTiernan, subsequently renounced said will by renunciation filed in the aforesaid Clerk's Office the 2nd day of November, 1959 in Will Book 63, page 325. NOW, THEREFORE, THIS DEED WITNESSETH: That for and in consideration of the premises and One Dollar ($1.00) cash in hand paid and atural love and affection, the Grantors do hereby grant and convey with "'tenants by the entirety with right of survivorship as at common law, eneral warranty of title unto the Grantoa�all their right, title and interest ❑ and to all that certain lot of land containing 0. 987 acres in Stonewall District, Frederick County, Virginia, lying on the west side of secondary Route 660 a short distance north of its intersection with primacy Route 7, mop particularly described in plat and survey of Lee A. Ebert, C. L. S. , dated April 22, 1964, attached hereto and by this reference made a part hereof. The Grantors covenant that they have a right to convey said realty; SIULLY. W01" ' • slwno« t the same is free from liens and encumbrances; and that they will •fi•MIT�Jri�M t WIIKMIMA. VA. -1 ` • • • :our, WoLrr eiwhoh •vcw[tr[�. V., C1 J ,......... ,.......... _......... ...-- ........ aflor 299 rM 140 orever warrant and defend the title thereto. Witness the following signatures and seals on tho day and year first bove written: Phyllis . McTiernan (SEAL) Thomas M. McTiernan. '_( (SEAL) Patrick A. McTiernan '(.n•f/�ai.rr /J, zJ7�,,/��r•o +� (SEAL) Cath rine J. McTiernan hate of Virginia ;ounty of Frederick, �To-wit: a Notary Public in and for the County and State f,,VVVo999resaid, certify that Phyllis L. McTiernan, Thomas M. McTiernan, latrick A. McTiernan and Catherine J. McTiernan, whose names are igned to the foregoing writing dated Aprii'16 �'1964, have personally ppeared before me in my County and State aforesaid and acknowledged .is same. q ly Commission expires: iven under my hand this�day of 1964. C_, Notary Public • • • •rarrwrrwa►rr►r►►r►w►r►wr♦►w►►r►rrrw► #1108 " PHYLLIS L. MCTIERNAN " TO: DEED OF GIFT " PATRICK A. MCTIERNAN, ET 'AL " .__. •ww►wt►�,h►,�Mwr KPJ_ilJ.1L!f�.}Ylit1[lt lt.lt ltf�.7t fl kt.__.. .... __.. ... .. _.. eou .10P Qi THIS DEED OF GIFT, made and dated this 9th day of April, 19730 by and between Phyllis L. McTiernan, Widow, party of the first part hereinafter called the Grantor, and Patrick A. McTiernan and Thomas M. McTiernan, parties of the second part hereinafter called the Grantees. WITNESSETH: That for and in consideration of the mutual love and affection that the parties hereto have for each other, the Grantor does hereby grant and convey unto the Grantees, jointly, in fee simple, as tenants in common, all of the following described realty, to -wit: Parcel One: All of that certain tract or parcel of land lying and being situate about 3� miles East of Winchester on the North aide of the Winchester and Berryville Turnpike, and containing approxi- mately 176 acres, and being the same tract of land that was conveyed to Patrick J. McTiernan by deed of Henry J. Brawley and wife dated January 16, 1933, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 165, Page 179. Parcel Two: All of those .two certain tracts or parcels of land described as being on the North banks of Red Bud Road adjoining Parcel One aforesaid, containing 5 acres and 23 square poles, more or less, according to a survey made by Walker Mc. C Bond, Surveyor, and attached to that certain deed from Harry C. Miller and wife to J. Patrick McTiernan and Phyllis McTiernan dated March 15, 1944, and of record in the said Clerk's Office in Deed Book 189, Page 84, the said J. Patrick McTiernan having died June 19, 1959 and Phyllis McTiernan, being one and the same person as Phyllis L. McTiernan, Widow. From said conveyance has been conveyed certain con- RA++K W wua .rt«...+..�. veyance■ to Virginia Department of Highways along Route 7, Route 660, Route 661 and Route 656. :3 z., L 'I �J 4 noy 10, ;ace �')311 That said land has now been surveyed by John W. Veatch of Trico Associates, Inc., and the plat and description to said land is attached hereto and made a part hereof for more particula description of the land herein conveyed, consisting of Parcel A on said plat of 123.5227 acres and Parcel B of 34.1603 acres for a total of 157.68 acres. The Grantor covenants that she has a right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances; That the Grantor has done no act to encumber said land, and that she will execute such further assurances of title as my be requisite. WITNESS the following signature and seal: Phyllis L. McTiernan STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: I, ��,,�Z �(!�.�„ a Notary Public in J and for the State and County aforesaid, do hereby certify that Phyllis L. McTiernan, whose name is signed to the foregoing deed bearing date the 9th day of April, 1973, has acknowledged the same before me in my State and County aforesaid. Given under my hand this /C day of April, 1973. My commission expires, , Notary Publ c MM 1 0 F n • r l i6a' 406 635 :wi(:U nSSJGLtT:i.Y, L\C;U:i: U:if.T.sJ 6aglu"rr•1'fait uorr.Sun eyorr Legal Description of Parcel B - Portion of land conveyed to Thomas M. and Patrick A. Mc Tiernan by will dated August 10, 1956, and recorded in will book 63, page 335 among land reoords of Frederick County, Virginia. Said land conveyed to Patrick J. Mc Tiernan by the following deeds; January 16, 1933, deed book 165, page 179 and March 15, 1944, deed book • 199, page 84. Beginning at a concrete monument at the Intersection of the northern right-of-way line of State Route 7 and the eastern right-of-way line of Route 660; Thence running with the eastern right-of-way line of Route 660, N 14' 51' 35" E 324.59' to a point; thence N 720 39' 10" W 5.00' to a point; thence N'18' 01' 57" E 344.33' to.a point; thence N 20' 34' 02" E 101.05' to a point; thence N 22' 40' 35" E 57.64' to a point; thence N 24' 32' 25" E 143.28' to a point; thence N 27° 10' 39' E 99.16, to a point; thence N 27a 45' 19" E 110.24' to a point; thence N 22' 46' 49" E 99.46' to a point; thence N 190 04' 45" E 109.71' to a point; thence N lla 30' 08" E 32.15' to the centerline of Red Bud Run. Thence leaving the right-of-way of Route 660 and running generally with the center line of the Red Bud Run, the following 9 courses S 54a 45' 31" E 333.75' to a point; thence S 660 08' 36" E 156.26 to a point; then S 06' 23' 32" E 77.78' to a point; thence S 89' 54' 57" E 136.13' to a point; thence N 360 30' 09" E 28.38' to a point; thence S 51' 29' 14" E 108.83' to a point; thence N 730 17' 57" E 72.41' to a point; thence S 61' 11' 12" E 243.51' to a point; thence S 02' 51' 56" E 55.21' to a point. Said point located by me- asuring S 24' 05' 08" E 40.63' from a 40 inch Sycamore tree; then leaving with the lands of William Alexander and Shirley Trussel, S 17' 28' 43" W 1217.35' to an iron pin in the northern right-of-way line of State Route 7; thence N 80a 52' 18" W 15.57' to a concrete monument; thence N 76' 14' 19" W 424.33' to a concrete monument; thence N 63' 23' 41" W 274.52' to a concrete monument; thence N 77° 1 10, 06" W 373.68, to a concrete monument; thence N 26. 56; 24" W 54.19 to the point of beginning oontaining 34.1603 acres. , L� • VI"Ch F %n :oCCG( COUNTY, CCT. Tn.j o: wfi:int; was producca to mo on the •--. .__, day of /Yn2 and with ttuifi"to of acknox:ed,mant Uwrcto ann4ed was admltl:d Iv WCOU, , ! V 0 C� J • • 11 BOCK 406 )ACE 633 ASSUCiATHS. L\CU;.;'Ui:AT" BuLiueerr.rim itiitrrr-Surveyors Legal Description of Parcel A- Portion of land conveyed to Thomas M. and Patrick. A. Mc Tiernan by will dated August 10, 1956 and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Mc Tiernan by the following deeds; January 16, 1933, deed book 165; page 179 and March 15, 1944, deed book 199, page 84. Beginning at concrete monument at Intersection of North right-of-way line of State Route 7 and the Western right-of-way line of Route 660. Thence N 250 52' 26" E 221.36' runnin along the Western right -of -gray line of Route 660; thence N 18" 52' 29" E 98.68' to a point; thence S 720 39' 10" E 5.00' to a point; thence N 180 01' 57" E 105.40' to an iron pin corner to Patrick NcTiernan's lot. Thence running with i.cTiernan N 20° 131. 50" W 287.13' to an iron pin; thence N 170 38' 16" E 137.72' to an iron pin; thence 661 00' 53" W 184.40' to an iron pin corner to Patrick NoTiernan's lot in Western right-of-way line of Route 660. Thence continuing with Western right-of-way line of Route 660 the following seven courses: N 220 40' 35" E 58.54' to a point; thence N 240 32' 25" E 144.05' to a point; thence N 270 10' 39" E 100.48' to a point N 27° 45' 19" E 108.67' to a point; thence N 220 46' e9" E 96.34' to a point; thence N 190 04' 45" E 105.75' to a point; thence N ll° 30' 08" E 47.12' to a point -in the center line of Red Bud Run. Thence with the center line of Red Bud Run N 540 45' 31" W 43.24' to a point; thence leaving center line of Red Bud Run N 220- 59' 10" E 25.15' to a walnut tree; thence N 220 59' 59" E 76.09' to an iron pin in southern right-of-way line of Route 661; thence running with southern right-of-way of Route 661 the following five courses: N 460 37' 08" W 96.58' to a point; thence N 470 42' 48" W 97.39' to a point; thence N 52. 05' 27" W 199.57' to a point; thence N 610 34' 03" W 460.83' to a point; thence N 640 59' 53" W 92. 96, to a point; thence leaving the right-of-way line of Route 661 and running with the land of Elmer De Haven and .along the center line of Old Factory Road N 68° 24' 11" W 188.49' to an iron pin; thence N 600 32' 00" W 329.00' to an iron pin; thence N 420 01' 52" W 470.19' to an iron pin; thence continuing along center line of Old Factory Road and running with the land o ff the Council of the House of Jabob N 450 59' 55" W 548.49' to an iron pin corner to Robert Cunningham. Thenoe running with the land of Robert Cunningham S 470 28' 21" W 139.15' to a point in the oenter line of Red Bud Run; thence Caw ,+r ►nr ►�w ,ntlr PAIN ON UN YIAQiNIA liHl tM) 141i414 OWN W, YFATo"I 04A 1p'NA?O W. WIC, ►L i i. io-V 406 sac.! 634 Euglurcrr-rim nurrr..Surveyurs . bl-, Page 2 running with the center line of Red Bud Run N 89. 49' 48" W 185.30' to a point; thence leaving the center line of Red Bud Run and run- ning with the eastern right-of-way line of Route 656 S 19° 15' 15" • 'd 21.89' :o a fence post; thence S 130 23' 13" W 48.32' to a fence post; thence continuing along the South-eastern right-of-way line of Route 656 the following seven courses: S 870 37'. 32" W 165.57' to a point; thence S 87° 23' 24" W 77. 74' to a point; thence N 880 49' 57" 19 82.45' to a point; thence S 760 20' 54" 14 123.97' to a point; thence S 350 18' 55" W 68.26' to a point; thence S 240 15' 59" 'it 119.08' to a pointl thence S 170 19' 20" E 150.00' to an iron pin; thence continuing along the eastern right-of-way line of Route 656 S 240 34' 59" W 555.11' to an iron pin; thence leaving the right- of-way line of Route 656 and running with the following lots: Myrtle Newlin, Simon Newlin, and Lewis Atkins S 25051' 27" W 774.51' to a concrete monument; thence S 25' 38' 28" W 38.82' to a concrete monu- ment in the Northern right-of-way line of Route 7; thence continuing with the northern right-of-way line of Route 7 with a nurve to the left with an arc of 431.36' and a radius of 3744.72' to a concrete :vonwment; thence continuing with the northern right-of-way line of Route 7 the following eight courses: S 660 25' 12" E 723.17' to a con- crete monument; thence S 761 08' 23" E 101.10' to a concrete monument; thence S 56' 13' 33" E 101.92' to a concrete monument; thence S 610 35' 31" E 295.24' to a concrete monument; thence S 690 04' 36" E 400.23' to a concrete monument; thence S 650 02' 19" E 450.44' to a point; thence N 800 54' 13" E 64,08' to the point of beginning containing 123.5227 acres. • 1 . • WV%? rLw STUIT IeW a"VAON, VIAOIM7A NH1 pal IN.4641 ,OHM W, VIATO", 0A.4 PWAeo W, wA, r/. Rezoning Application RED BUD RUN Prepared by: Gilbert W. Clifford & Associates. Inc 117 E. Piccadilly Street Suite 2(10 Winchester, Virginia 22601 540-667-2139 Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE RED BUD RUN PROPERTY Stonewall Magisterial District December, 2001 (Revised April 30, 2002) Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-09493 E-mail: gwcliff@mnsine.com • Table of Contents • I. Application II. Summary III. Impact Analysis A. Project Background B. Location and Access C. Site Suitability D. Traffic E. Sewage Conveyance and Treatment F. Water Supply G. Site Drainage H. Solid Waste Disposal Facilities I. Historic Sites and Structures J. Impact on Community Facilities K. Open Space Plan IV. Frederick County Impact Model V. Proffer Statement VI. Agency Comments VH. Sui-vey Plat and Deed VIU. Tax Ticket M Appendix • • ri APPLICATION 0 • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The follotivhtg information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o C. E. Maddox Jr. P.E. VP 117E Piccadilly Street Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Patrick A. McTieman Thomas M. McTiernan Address: 3. Contact person if other than above Telephone: (540) 667-1494 (540) 662-5712 Name: Charles E. Maddox, Jr., P.E. Telephone: 540-667-2139 G.W. Clifford & Associates, Inc. 4. Checklist: Check the following items that have been included with this application. Location Map x Agency Comments Plat x Fees Deed of property x Impact Analysis Statement x Verification of taxes paid x Proffer Statement x I • 5. The Code of Virginia allows us to request frill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Patrick A. McTiernan Thomas M. McTiernan 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant Undeveloped & One SF Dwelling SF Detached ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. 2 • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-A-105, 106, 107 & 107A Magisterial: Fire Service: Rescue Service: Stonewall Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook (new) James Wood Red Bud Run 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 157.01 RA RP 157.01 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 300 Townhome Non -Residential Lots Mobile Home Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Multi -Family Hotel Rooms 3 • 12. Signature: E 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. 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. We hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date OZ Charles E. Maddox, Jr., P.E.,V — G.W. Clifford & Associates, Inc. Owner(s) �� �.� _ Date D Patrick A. McTiernan Date s2- Thomas M. McTiernan 4 ID # Name Address Zoned Use 55-A-87A Frances V. Cole 163 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-88 Annett M & Franklin L Pitcock P.O. Box 2264, Winchester, VA 22604 RA Vacant 55-A-89 I afelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-90 Commonwealth of Virginia P.O. Box 67, Richmond, VA 23218 RP VDOT 55-A-92 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Retail 55-A-93 Ronald Edward DeHaven 2142 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-94 Barry H Walker & Georgia Miller 2196 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-95 Ralph Lee Cooper, Jr. 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-96 Ralph L & Betty E Cooper 2216 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-97 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-98 Virginia & John D Orndorff 2222 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-99 John D Orndorff 1295 Red Bud Road, Winchester, VA 22603 RA Residential 55-A-100 Thomas E Kain, Jr 2230 Berryville Pike, Winchester, VA 22603 RA Residential 55-A-101 Barbara V Herron 684 Calmes Neck Lane, Boyce, VA 22620 RP Residential 55-A-102 Clarke Loy & Anna Marie Beach 2372 Berryville Pike, Winchester, VA 22603 RA Vacant 55-A-103 Blue Ridge Associates 2430-3 Berryville Pike, Winchester, VA 22603 MH1 Vacant 55-A-104 Berland M Funkhouser, et als 164 Rustic Wood Lane, Winchester, VA 22602 RA Residential 55-A-109A Bryan Scott Jenkins 420 Westside Station Road, Winchester, VA 22601 RP Vacant 55-A-109B Jeffrey G Jenkins 1631 Redbud Road, Winchester, VA 22603 RP Residential 55-A-116 Redbud United Brethren Church 20 S. Cameron Street, Winchester, VA 22601 RA Residential 55-A-117 Pauline R Strosnider Bowers 1506 Redbud Road, Winchester, VA 22603 RA Residential 55-A-118 Dawn M Stulta & Debra J McNeil 328 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-119 Supreme Council of the House Red Bud Road, Winchester, VA 22601 RA Residential 55-A-18 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-19 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-20 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-21 Wayne D & Stephanie P Sei lel 271 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-A-22 County School Board of Frederick 5 N. Kent Street, Winchester, VA 22601 RA Educational 55-A-107A Patrick J & Deborah G McTiernan 223 Woods mill Road, Stephenson, VA 22656 RA Residential 55-A-108 55-A-138 Ste hanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Vacant 55-A-139 Stephanie M Sem eles 180 Pine Road, Stephenson, VA 22656 RA Residential esville, VA 22902 RA Vacant 55-A-141 William D Alexander III 183 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142 Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Residential 55-A-142A Arthur G Trussell 138 Stee wood Lane, Winchester, VA 22603 RA Vacant 55-A-172 William C Whitmore, Jr., et als P.O. Box 550, Purcellville, VA 20134 RA Vacant 55-A-174C Blue Rid e Associates 2430-3 Berryville Pike, Winchester, VA 22603 RA Mobile Home Park 55-1-A Ivadelle A Aikin 126 Morgan Mill Road, Winchester, VA 22603 RA Vacant 55-1-B Linda F Funk & Shirley Moreland 140 Morgan Mill Road, Winchester, VA 22603 RA Residential 55-A-140 George H &Rosemarie Lamson 405 8 'Street NE, Charlott Rezoning Application Fees • S 550.00 Base fee plus $35.00 per acre S 50.00 Refundable Fee for sign $ 550.00 Base fee $5X95.35 (535.00 per acre x 157.01 acres) $ 50.00 Sign fee $6,095.35 Total Rezoning Application Fee • • II GENERAL CRITERIA FA SUMMARY • Red Bud Run II. General Criteria and Summary The Impact Analysis Statement in Section III is provided in summary form for the property known as "Redbud Run". The property is located on VA Route 7 East at Woods Mill Road. The land to be rezoned totals 157.01 acres. The three parcels are currently zoned Rural Area (RA). The requested rezoning is to change the current 157.01 acres of RA to Residential Performance (RP). The property is shown on the attached Location Map (Figure 1). The Impact Analysis Statement for Red Bud Run is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/developers have proffered an amount that will offset the projected negative fiscal amounts in accordance with directives of the Frederick County Board of Supervisors. There are residential units proposed as part of this rezoning request. The property will support approximately 350 single-family homes based on 2.3 per acre, which is the average for single family developments in the UDA. The property is planned with interconnected subdivision streets that link Morgans Mill Road (Rt. 656) including Red Bud Run Elementary and Millbrook High School site with Woods Mill Road. Improvement of the Woods Mill Road intersection with VA Route 7 is needed and is the subject of a transportation proffer which mitigates impacts. Preliminary engineering design studies have been completed and utilized to fashion the General Development Plan (GDP) which is utilized in the proffer statement. The engineering recommendations have allowed the configuration of facilities used in the impact analysis that follows. A total of 300 single family units have been determined to be the highest and best use of this site. The proffer statement limits this project to 300 single family home sites and this limit is used in the assessment of impacts. The property proposed for RP zoning is located in the Urban Development Area (UDA) of Frederick County by action of the Board of Supervisors. Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is an opportunity for quality development for residential uses. Environmental features that limit the development are identified and incorporated for design consideration. • Public sewer and water service are available to the property. Natural gas and electric service are available to the property. O Red Bud Run LANDS FOR REZONING LOCATION MAP L MAGISTERIAL DISTRICT EREDERICK Figure gilbert w. clifford w associates, inc. EaWneers Lana Planners water Quaft 117 E Picodily St. Vwxteester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMNE: gwcliff®mnsinc.com Red Bud Run • The rezoning of the 157.01 acres of the Red Bud Run property fits within the guidelines of the Frederick County Policy Plan for the area. Analysis of the Route 7 corridor and the Northern UDA area shows that a significant shortage of available single family lots exist when measured against market demand in this corridor. This is likely contributing to a Route 7 driven market demand for lots in the rural areas of Frederick County. (See Figure 1.1) This rezoning and subsequent development will provide a needed addition to Frederick County's inventory of low density higher value housing without transportation limitations, in close proximity to services including schools. N New Stucture Density 0 2 4 Md( Apcs1luialsishids 2000 U1 A 2 ON L alc v Tri my Set Maw r.tl:y 1"6 - 21N New Stmctun lady Of-lt Oli-21 02t-27 �rr-as If-6S -7i-t7 Source: Frederick County Planning RED BUD RUN STRUCTURE DENSITY MAP COUNTY OF FREDERICK, VIRGINIA 1996 - 2000 Frederick County Figure 1-1 gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voicc: 540-067-2139 Fax: 540-065-0493 Email: gwcliff@mnsinc.com • III IMPA CT ANAL YSIS Red Butt Run • I11. Impact Analysis A. Site Background and History Impact Analysis Statement The Red Bud Run site (McTiernan property) is located immediately north of the U.S. Route 7 corridor and adjacent on both sides of Woods Mill Road at its intersection with Route 7. Recently, upon recommendation of the Comprehensive Plan Subcommittee of the Planning Commission, the Planning Commission and action by the Board of Supervisors this site has been included entirely within the urban development area. (Figure 2 shows the entire site rezoning boundary and its relationship to other adjacent uses.) This 157.01 acre site has been in the McTiernan family since January 1934. Prior to the McTiernan's, were a succession of owners including the Wood family (Joseph [1804], Issac and Charles) who operated "Red Bud Mills" on a portion of the tract for many years. The property was originally part of a conveyance from Thomas Lord Fairfax to Joseph Hubbs in 1761. The property includes land designated by the Frederick County comprehensive plan as Urban Development Area (UDA). In accord with the Frederick County Comprehensive Policy Plan, lands within the UDA are eligible for rezoning for residential purposes and fit within the areas of the County where orderly growth should take place. 0 y II - r I chools - - — Project Site r i r7• FS. — r� 1-7-Red_ Bud v 'N H P Ir 1 WWTP • AAAX .� IN 4•'�.:' •yW RED BUD RUN VICINITY MAP COUNTY OF FREDERICK, VIRGINIA Figure 2 gilbert w. clifford & associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff@mnsinc.com Impact Analysis Slalemen! Red Burl Run • 0 B. Location and Access Red Bud Run is located in the Route 7 corridor east of the City of Winchester. Its proximate location to the Woods Mill Road intersection with VA Route 7 provides excellent traffic characteristics and transportation availability. Impacts on existing county residents are minimized by direct connection to an arterial highway. The site is bounded on the north by Red Bud Run a tributary of the Opequon Creek and a portion by the Red Bud Road (See Figure 2). Morgans Mill Road is the boundary on the west side of the site and Route 7 to the south. Also on the west is the existing site of the Red Bud Run Elementary School and the new Millbrook High School which is presently under construction. Approval of this site for residential use supports the "livable community" concept with neighborhood proximity to schools. Figure 3 shows the distance to adjacent residences from the proposed development area on the McTiernan property. Reel Bud Run Impacl Analysis Slalemenl • C. Site Suitability Figures 4 and 5 provide a description of the site as it relates to surrounding land uses. The land is characterized by high plateau area near the center surrounded by steeper slopes on the north and south. The majority of the site drains to the Route 7 corridor (92 acres). The site is approximately 50% wooded with hardwood forest cover. The upper plateau area has been cleared for farming use. There are ten single-family uses located around the periphery of the project and three large farm uses to the north. The site exists within the Martinsburg shale geologic area of Frederick County similar to the geology of most prior development within the UDA. The site rises from a low elevation along Red Bud Run of 550 to a high of 667. A flood plain exists along the north boundary of Red Bud Run. The site is within the Frederick County SWSA and utility service is available to the site. Built out portions of the UDA can be found to the south of Route 7 including Pioneer Heights, Blue Ridge Mobile Home Park, Shenandoah Hills and the Opequon Wastewater Treatment Facility. Utilization of the central portions of the site for single family uses and protecting the steeper slopes, woodlands and flood plain areas provide excellent natural buffers and a good environment for the proposed use. By reducing the possible density by proffer, excess lands are created which provides for a greenway corridor along Red Bud Run of at least 28 acres. This corridor, free and clear of ownership regulation by the zoning ordinance allows the opportunity to preserve 3800 feet of Red Bud Run Stream Valley in its natural state with potential links to other preservation activities in the region. r Woods Mill 1 Rte_ Rood `, `` l` �',;�_, t^( m •_ • ; +I 100 Year Floodplainw 61p om� i i 1 i j I 4f i� _Erederick`Co. Schgr,Is - - - - - 16a-`_---- Red Bud Run TOPOGRAPHIC MAP DISTRICT FREDERICK COUNTY. gilbert w. clifford Bluff Ridge MHP Figure 5 associates, inc. Engineers Lend 1i timers Water Quality 117 E. Picadill St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 0-0493 EINVL• gwcliff®mnsinc.com I TOTAL STEEP SLOPES f25% ON—S/TF = 9.75 Ac. ep wo° i It _ Lot Limits `" Steep Slope Area WOOds Mill RO ------------- 100 Year a - - - Floodplain r �• Ric _ , M CD -Frederick Co. Schools Red Bud Run ►�, LOCATION OF STEEP SLOPES o STONEWALL MAGISTERIAL DISMICT FREDERICK COUNTY, k7RGINA Fi'9' ure 6 gilbert w. clifford associates, inc. Engineers Land Plwmera water Quality 117 E. Picadlly St. Viinchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 DAL gwdiff0mnsinc.com Red Bud Run Impact Analysis Statement • D. Traffic Current traffic counts on U.S. Route 7 at Woods Mill Road are 9,928 (WBL) and 12,243 (EBL) trips per day. Route 7 is a four lane divided highway and has an excellent capability to handle the additional trips created by this project. At 2.3 dwelling units per acre the site can yield up to 350 homes sites. Single family use at the site has been limited by proffer to 300 homes. ITE traffic generation for this density predicts 3,000 TPD to be created as a result of this rezoning. See Figure 8 for the proposed area transportation plan for this project. In order to mitigate traffic impacts for this land use change, an extensive improvement project has been proposed and has received conceptual approval by VDOT (See Figure 9). This plan will include the improvement of Woods Mill Road to the Route 7 intersection and an improvement of Route 7 including eastbound on and off ramps and the provision of a stoplight for westbound traffic control. Also, a plan to limit traffic on the Morgans Mill Road has been proposed. A minor collector roadway through the project will link the proposed school site with the improved Woods Mill Road corridor thereby allowing alternate access to the school site from the project, the Route 7 corridor and from the rural areas north of Red Bud Run. The attached Figure 8 shows current and future traffic patterns within Frederick County at this location. Figure 8 shows a significant recent development density of housing to the north, generally on 5 acre and larger lots. These lots continue to be developed without plan for impact on area roadways and without funding for mitigating improvements. The transportation proffers contained in this rezoning petition will provide improved safety by public offsite improvements which will have a positive impact on all uses north of U.S. Route 7. Attached is correspondence with VDOT. VDOT has provided wording utilized in the proffer statement regarding the proposed transportation improvements. The transportation study of Patton Harris Rust & Associates is included as an addendum to this section of the impact analysis. 11 Nam. - RAL • ,� Schools Proj • +s Sr , f cJ y 1 1 ti 1 f 1 .: ► 1 � j r I L •r . � 1 I • �i ROADWAY CONNECTION TO SCHOOLS -- IMPROVED WOODS MILL ROAD t Si . . MHP IMPROVED ��••� INTERSECTION ' ,• r r J RED BUD RUN PROPOSED AREA TRANSPORTATION PLAN COUNTY OF FREDERICK, VIRGINIA WWTPf 7 Figure 8 gilbert w. clifford & associates, inc. Engineers Land Planners Water Qwlity 117 E. Picadilly St. Winchester, Virginia 22601 Voice: 540-667-2139 Fax: 540-665-0493 Email: gwcliff(a,nnsinc.com 17- :1-7-Z MEN RENEE FOAPEEN &MOMMEMEME MEME-0 NEI��!������ I 11 1 1 .1 1 1.9EMAIL i'a u 1 U1 G Chuck Maddox • From: "Funkhouser, Rhonda" <RFunkhouser@VDOT.STATE.VA.US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> Cc: "Diamond, Jim" <JDiamond@vdot.state. va.us>; "Downs, Kelly" <KDowns@vdot.state. va.us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry" <BSweitzer@VDOT.STATE.VA. US> Sent: Tuesday, October 23, 2001 2:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County Dear Chuck: A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. The proposed Concept Plan is acceptable to this office. However, the transition from Concept to Preliminary Design should be made in a manner which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site • conditions. A prerequisite to design (including preliminary design) should be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 1 aru L. ui L. creates any undercutting of existing roadway. •The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FI-IWA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) • 10/23/2001 7AXFRC GENERA170N Ste@ pwood EAST PARCEL — 700 7P0 WEST PARCEL — 2300 7PD TOTAL 3000 MD (300 Lots) oods Mill R 0 d Rte .660. BIB Rid 66 //1 1 1 I r y¢Y R - Heights _ CONTROLLED ACCESS TO SCHOOL SITE�1 ZY 6$6- Frederick'Co. Schools t� ; -- Fiqure 10 Red Bud Run gilbert w. clifford associates, inc. NS TRANSPORTATION PLAN Engmem Lwa Plannim water Quality ti 117 E. Picadilly Sl Winchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gKliff®mnsinc.com I 4 .0 1 Figure 10-2 Red Bud Run gilbert w. clifford associates, inc. \ TRANSPORTAT/ON PATTERN F.ngineers Land Planners Water Quality 117 E Picadilly St Vinchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY WRGIN/A VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcliffOmnsinc.com 4128102 • Rte 7 Work Estimate Red Bud Rezoning Work Item Qty Unit Cost Total New ramp & grading 1800 $125 $225,000 Stop light $80,000 Rt turn lanes 3 $20,000 $60,000 Widen Rte 660 1000 $65 $65,000 Guard Rail 800 $15 $12,000 Traffic Control 120 $240 $28,800 Drainage 400 $60 $24,000 Contingency $50,000 TOTAL $544,800 • G. W. Clifford and Assoc., In c Red Bud Run Impacl Airaljlsi,y Stalemeirt B. Sewage Conveyance and Treatment Attached Figure 11 shows the plan for providing gravity sewer service to the subject site. The Frederick County Sanitation Authority facilities are located on the Blue Ridge Mobile Home Park site. An offsite sewer system will be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. A cooperative effort among property owners in this area has been proposed. A sewage lift station is required for utilization of the Blue Ridge Mobile Home Park sewer and this station will also service lower portions of this existing project which are presently unserved with sewer. The Frederick County Sanitation Authority has recently negotiated capacity in the Opequon Regional Wastewater Treatment Plant that will handle this project as well as future growth in the urban development area. Sewer service needs for this project are estimated to be 60,000 gpd at build out, based on the Authority average of 200 gpd per residential unit. The sewage lift station is required to pump a minimum of 120 gpm to serve the development and a small section of lots in the Blue Ridge Park. The force main will pump to an existing 8" sewer line (about 1,000') which has a capacity of 340 gpm and is less than 100 gpm flow at present. Preliminary sizing of the pump station will be 180 gpm and the force main wi l l be 6". Steepwdod 1a', Woods Mill ROod- i _ J E70 •, _ M �TioneeP_, Frederick Co. Schools Red Io SANITAR> o ti STONEWALL MAGISTERIAL G Reel Bred Rrm In yKicl Analysis Statement • F. Water Supply Water supply would be extended from a water main located to the south of Route 7 and presently serving the Blue Ridge Mobile Home Park. Also a water loop would be established through the site to the school site located on the north. Water mains will follow roadways within the project and provide internal looping in accord with FCSA policy. Residential fire protection will be provided by hydrant locations strategically located within the development. Static water pressures will vary from 50 psi to 90 psi based on elevation of the use. A preliminary plan for water improvements is shown as Figure 12. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to this project by the Frederick County Sanitation Authority. • MH Figure 12 4, Red Bud Run gilbert w. Clifford associates, inc. •o WATER S UPPL K SYSTEM Engkwm Land Planners Water Quality 117 E. Fica(filly St. Vinchester, *qmia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGIAM VOICE: (540) 667-2139 FAX-- (540) 665-0493 BWL gwcliff@mns ric.com Impact Analpis Statement Red Bud Rut • 0 G. Site Drainage This project will employ a curb and gutter drainage system with connecting storm sewers which drain primarily to Ash Hollow Run and Red Bud Run both of which discharge to Opequon Creek. Storm water management basins will be installed to meet objectives of state and local drainage law. In addition, those minor improved areas which discharge to the Red Bud Run Watershed will receive the best available management of silt and nutrient loading required by Virginia law for any watershed in the state. Preliminary locations for basins have been selected and shown along with drainage divides on Figure 13. Storm water detention and controlled release will allow proper function of downstream drainage facilities. Improvements to existing facilities may also be necessary based on final design. There are no unusual drainage issues or impacts that cannot be mitigated by proper design of this project. The intent is to preserve and protect all state waters with special emphasis on drainage to the Red Bud Run Watershed. Red Bud Run /mpael Analvsis Slalemenl J • H. Solid Waste Disposal Facilities Solid waste is to be disposed by the individual homeowners at the Frederick County compactor site adjacent to the Greenwood Fire Hall on Route 656 (Greenwood Road). At the County estimate of per household solid waste generation of 10 lbs per day, this project will generate 547 tons per year to the County Landfill. Red Bud Run Impact Analysis Statement • I. Historic Sites and Structures Figure 14 defines historic structures in the area which are listed on the County's historic inventory. A portion of the site of Woods Mill and Mill Race will be preserved by a preservation parcel in the development plan. Figures 15 and 16 depict the battlefield plans for the Second and Third Battle of Winchester, which do impact the subject site. A close review of available accounts of the second battle indicates troop movements, primarily flanking maneuvers, used Berryville Pike (Route 7) and Woods Mill Road as a course of the battle. The Third Battle (Battle of the Opequon) was intense with the majority of General Sheridan's troops moving along Berryville Pike in the morning of September 19, 1864. This movement met stiff resistance from a single brigade of CSA troops commanded by General Ramseur from the vicinity of the ridge to the south of the "Berryville Canyon," in areas which are now Pioneer Heights and Shenandoah Hills. Contrary to the plan for battle, Union forward elements carried wagons which significantly slowed the Union advance. The National Park Service has designated portions of the McTiernan land as core battlefield. The Third Battle, in the afternoon to the west of this site, resulted in a major confrontation between the two armies with many casualties. The action resulted in a major defeat of General Early's command which began the end of Confederate power in the Shenandoah Valley and likely contributed to the reelection of Abraham Lincoln. To mitigate impacts on the effects of historical interpretation of the battles an open space plan has been created, using topographic and vegetative buffers. Open space planning for the project will provide an environmental and historical preservation corridor along Red Bud Run and along Virginia Route 7 corridor. Figure 17 shows a preliminary plan of this approach. Approximately 33.1 % of this site will be preserved. Reel Bud Run Impact Analysis Statement • The special sensitivity created by the core designation required special analysis. To provide needed insight in this plan, Mr. Lynn Sims a Professor of History at the University of Richmond and former U.S. Army Historian was engaged to perform terrain walk and research into specifics of Civil War History and the site of this rezoning. Dr. Sims has provided a summary and detailed description of the battle along with an analysis of the importance of this 157 acre site. It is clear that the limited activity occurring on the McTiernan property significantly reduces the value of the site for preservation services. The location of the site in proximity to VA Route 7 requires special setbacks and buffers for visual purposes and these have been provided. Comments were sought during agency reviews including hearing before the HRAB. The need for special preservation recommendations were specifically requested but none have been offered, except for the entire set aside of the parcel for preservation purposes. The disconnect between this site and the primary battlefield area and the construction for two major school facilities on the Red Bud Elementary/Millbrook High School site in between make this a poor candidate for the expenditure of public funds to purchase the McTiernan Tract. The fact that the site exists within the Urban Development Area identified by the Frederick County Comprehensive Plan and can provide quality and needed housing inventory in support of the plan significantly overshadows the need for this site to be acquired for historic preservation in view of the facts involved with Civil War activity on this site. The applicant is in support of the initiatives being pursued by the historic preservation efforts in Frederick County and is willing to accommodate reasonable recommendations to protect view sheds and/or provide interpretive value to the program. I] HISTORIC LANDMARK STUDY NO. RURAL POTENTIALLY LANDMARK SIGNIFICANT 1065 WOOD—SIBELL HOUSE YES 1066 MORGAN'S MILL SITE NO 1147 E.B. CLEVENGER HOUSE NO 1156 THOMAS MCTIERNAN HOUSE NO 1157 C.W. MILLER WOOD HOUSE YES 1158 CHARLES MILL WOOD HOUSE NO W00cfs ,';� •I,•{`` ._✓ _ -, 1, \ A4. ll Rooct Rt A60: ------------- 0 b 01,56 1;57 158 1010 % J, r neer 1066 IN N' ._Frederick Co.'..Schools ---------- ------------ --- -------- fi qure 14 Red Bud Run gilbert w. clifford associates, inc. II ti o RURAL LANDMARKS PLAN Engineers Land Planners Water Qualky 117 E Picodilly St Winchester, Virginia 22601 STONEWALL MAGIS7FRIAL DISTRICT FREDERICK COUNTY, VIRGINIA VOICE (50) 667-2139 FAX: (540) 665--0493 BAIL gwriffOrrinsinc.com Lt,r,�.LC^,H ✓r LEY B,�TT�Ef i_DS SIC- • SOURCES N doa W Hs—c DW.,.. ' •••• n••• +bi W^• LA,-- F%,* Syrnce. 1•id/ e� , ,!v SM--, -kd,. 7 � .. Map E-8 FyU,re 15 Second Winchester Battlefield 0 W lq•"e - _ _ _. IN .•...o. pry.—.. � ,� ! \ \ c..•- tea.• — W pw ff r 1 ..... CT wr F.— laYw fv 1. MM•aa C•.Y W I'•..•� I Ce.. Th— - on•. L.wn twA Plcr� HI it n� ..+•r� �.as.l • I I 511 Srr to.. C.m. I' y�.•� sr,.a...•wr• I Mv[•�wr� Nam �`� ,1 1 ry0L111'•r/' / � rb.v.•+r Y••.n.o••��• • �W.yh. to•A ��...,.� •ace•rr � ar..r cx,•., t..T e•Y..'+e...• c vim. SO •'�•� ■d 6A w r -• (}• icv Ww. o.•rv' .• .nr. _ 7 (`men ..or..• ( ` 77 sa J r> . _ \•<M f1.AvMa. W Oro 30. E �- No S,D._ACE5 v.n,neo+wi.. e.�r rs •ots.l .�.en..,-.,•.•r- •�•v •• G.or.y,• .,Ie,,..e..,, s..ee : NR+er.t ► ft S•.— .ws•.vw•..r .:.r• rxA. Map E-10 Figure 16 Third Winchester (Opequon) Battlefield • ,P Fri_ r • SUMMATION OF THIRD WINCHESTER FROM PUBLISHED SOURCES As far back as the spring of 1862, the Union attempted to control the Shenandoah Valley, shutting it off as an invasion route to Washington, D.C.. In 1862 Lt. Gen. Thomas J. "Stonewall" Jackson did not attempt to seize the Union capital, but frustrated several Yankee armies in his brilliant Valley Campaign. In the summer of 1863, a token Union force had been pushed back as the Confederates moved north eventually into Pennsylvania. In a four -day period in September 1864, Phil Sheridan accomplished what Federal forces had not been able to do previously in the war. When Grant took control of all Union armies in the spring of 1864, it was the first time the Union had a chance of ending hostilities. Students of war recognize the best target to end a war is to destroy the will or morale of the enemy, soldiers and citizens. The second best target is to destroy the logistics or supplies of the opposing army, while the least effective way to victory is to defeat an enemy on the battlefield. In 1864 Grant himself would go after the South's logistics by pushing Lee's army back on Richmond. When Lee was defending the Confederate capital, Grant shifted his army across the James River and attack Petersburg. There were five railroads coming into Petersburg from the South and one from there to Richmond. Eventually Grant lay siege to Petersburg and worked his army south and west around the town until the railroads were cut and Lee was forced to evacuate westward. To destroy the Southern will Grant directed Sherman to cut loose from his supply base in Tennessee and drive through Georgia. In the process he destroyed much of the state and brought the war to the population of the deep South which had never seen war. Soldiers in Lee's army from Georgia and the Carolinas were affected and wanted to go home, make sure their families were all right, then return to the army. When Sherman hit the coast at Savannah he tamed north and caused more destruction in the Carolinas, especially in South Carolina as the North generally believed that state started the war. With the will and logistics of the South under pressure, Grant also had Banks put pressure on Confederate armies in the west, and Butler was supposed to cut the rail line from Petersburg to Richmond, but never did. Previously, Union efforts in the Valley had failed when Union Gen. Franz Sigel lost at New Market on 15 May 1864. Early's Confederates had pushed as far as the outskirts of Washington before being turned back in mid -July. After two more Southern victories in the lower Shenandoah Valley, Grant responded in early August by naming Maj. Gen. Phil Sheridan to command a newly organized force, Middle Military Division, in the Valley. Grant wanted Sheridan to destroy Early's force, eliminate the Valley as a food source and join him in Petersburg to finish off Lee's army. This campaign was an integral part of Grant's overall strategy to destroy the South's will and suppliers, which today would be called a theater of operations. Sheridan pounced on Early's army on 19 September at Winchester. The Battle of Third Winchester, also called Opequon, was the bloodiest of the many battles fought in the Shenandoah Valley during the War. • Sheridan had waited until mid -September, then made his move. Early, who had unwisely advanced north and east of Winchester, was outnumbered by Sheridan nearly 3 • to 1. On the morning of 19 September 1864, Sheridan sent his infantry west towards Winchester, while Federal cavalry held Early's attention north of town. The Federal advance along the Berryville Pike was slow, giving Early enough time to reassemble his forces closer to Winchester. Early's army of 14,000 fought well and stubbornly, but eventually overwhelming Federal numbers made the difference. At one point, a stunning counter-attack by Major Generals John B. Gordon's and Robert Rodes's divisions, aimed at a gap between the Federal VI and XIX Corps, threatened to turn a Union victory into disaster. Federal reinforcements eventually closed ranks, and when all of Sheridan's 35,000 men were in position, the result was inevitable. The Federals rolled up the Confederate line and drove Early's force through the streets of Winchester. Early's army lost over 4,000 men at Third Winchester, while Sheridan suffered over 5,000 casualties. The Federal victory at Third Winchester effectively sealed the Confederacy's fate in the Valley. Although Early would strike again, exactly one month later at Cedar Creek, Early's depleted army could do little to stop Sheridan. The most severe fighting and casualties occurred in the large land parcel east of I- 81, north of route. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most bloody fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Barn site at the entrance to Winchester Mall. • • Detailed description of the battle. Phase One. Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon. He was followed by the US VI and XIX Corps, and Crook's Corps. At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back. Johnson's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Bam. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. About 0200 hours Brig. Gen. Wesley Merritt's U.S. cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades opposed their crossings. The Reserve brigade (Lowell) pushed across at Seiver's Ford against some opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the western bank. By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Merritt's division moved forward. Waiting for them was Wharton's CS infantry division about a mile west of the fords, deployed across the roads, in woods and behind stone fences. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Custer launched a mounted attack but was repulsed. About noon, Sheridan's main infantry attack had begun, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward on Charles Town Road. Custer followed the line of the Winchester & Potomac Railroad. About 1400 hours Merritt's division joined with Averell's cavalry division on the Valley Pike near Stephenson's Depot. Phase Three. In the meantime, the Union infantry had bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detail. Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Getty's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Getty's right and extending to Redbud Run. Russell's division was in reserve. The XIX Corps composed of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right. Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm. As the US infantry • deployed, the CS batteries opened fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. • Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the line across the Hackwood Farm to Redbud Run. Wharton's infantry and Fitz Lee's cavalry division formed a line across the Valley Pike north of town near Stephenson's Depot. CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing continued along Ramseur's front. Phase Four. At 1140 hours, a US signal gun sounded and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking line. Birge's brigade reached the woods, driving back skirmishers, but then came up against Gordon's main line and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense Molinewes flanks seemed to "melt away." Shunk's brigade was committed to bolster the wavering Union line, coming in on Molineux's right rear. Shunk closed to within sixty yards of the CS line in the Second Woods. The two lines delivered pointblank volleys into each other. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Cpt. James Breathed) north of Redbud Run again worked over the retreating division. Every regimental commander in Grover's division was killed or wounded; casualties totaled nearly 1,500. Bears brigade of Dwight's division deployed in the tree line at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat. Gordon's men waiting along the tree fine of the Second Woods laid down a murderous fire. The Union brigade did not come within 200 yards of the Second Woods before being pinned down. They expended of their ammunition before retreating back to the First Woods. The 114th New York suffered 60 percent casualties (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8th VT and 12th CT) clung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was over and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. Phase Five. At 1140 in conjunction with the XIX Corps' advance on the right, Getty's and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was on high ground, stretching from the Dinkle Barn south behind Abrams Creek. Ricketts' division on the right was to guide its attack on the Berryville Pike, which took a • sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right. Keifer's and Emerson's • brigades ruptured the Confederate center at the Dinkle Barn and moved to capture a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six. Just as Ramseur's left flank gave way under Union pressure, Maj. Gen. Robert E. Rodes brought his division forward from the West Woods. About 1330 hours he launched a devastating counterattack into the gap between the VI and XIX Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapnel. He fell somewhere along the wood line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Hill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right. General Russell, while directing these maneuvers, fell mortally wounded. The two brigades struck Baffle's Alabamians head-on and stopped them, then drove them back to the edge of the West Woods. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions--Rodes' and Russell's --closed, exchanging murderous volleys. Upton's charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn to regroup. Gen. Wright called Upton's attack the turning point of the battle. Phase Seven. Concurrent with the above events, there was a cavalry fight along the Valley Pike north of Winchester. About 0500 hours a Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action. At Bunker MR the 23d VA were reinforced by the 62nd Virginia mounted infantry. About 1000 hours, Union cavalry attacked Bunker Dill, forcing the CS cavalry to retire. Averell continued, pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's CS brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23d VA cavalry and the 62°`' VA mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to a lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades (Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in line of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road. Phase Eizht. About 1300 hours, Sheridan directed Crook's corps of two divisions (Thoburn and Duval) to advance from its reserve position near Spout Spring. The isdivisions marched to near the "Factory" on Redbud Run, where they split. Thobum's division moved west on the south bank of Redbud into the First Woods to relieve the XIX • Corps. Duval's division crossed the run and tamed west accompanied by the artillery of Capt. Henry DuPont. Duval's division deployed near the Hantsberry House. DuPont unlimbered 18 guns on what is now DuPont Hill, opposite Gordon's flank in the Second Woods and opened fire. Crook ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turned Gordon's flank and advanced against Wharton's line, stretching from Collier Redoubt east. About this time, Thobum's division charged out of the First Woods into the Middle Field. This two - pronged assault forced Gordon to abandon the Second Woods and align himself with Breckinridge's units to his left rear. The CS line was now drawn into a compact L-shape, anchored by cavalry at Star Fort. Wharton's division faced north. Gordon's division made the turn of the L and Rodes' and Ramseur's divisions extended the line south to Abrams Creek. Phase Nine. With the success of Crook's attack on the right, Sheridan ordered a general advance against the CS position on the plateau just north and east of the town. The Confederates were behind stone fences, rail barricades, and in shallow earthworks. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing became fierce. The artillery of both sides fired case shot and canister. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and then at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort. Schoonmaker's brigade ofAverell's division repeatedly attacked Munford's cavalry at Star Fort, eventually overrunning the work. The CS infantry withdrew to another line about 150 yards to the rear but the damage had been done. The sound of Union cavalry pounding behind them spread panic along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Rodes's division, now commanded by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. General Early fashioned a defensive line at Kemstown (probably at Pritchard's Hill and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this new CS defense as night fell, but the US forces were disorganized by success, and could not mount a pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe nearly every sizeable structure in Winchester served as a hospital. 0 • This 222 acre property, marked by gentle, rolling hills and woods, is one of the few remaining vestiges of the battlefield. During the battle, heavy fighting occurred on the site, as John B. Gordon's Confederates drove a wedge between the Federal XIX and VI Corps, temporarily stymieing the Union advance. Gordon's division drove through part of this property and Federal counter-attacks moved across this ground shortly thereafter. Gentle rolling hills and wood lots are a feature of this site, and except for the proximity of Interstate 81, one can imagine the events of 19 September 1864. It is one of the few pieces of the Third Winchester battlefield which still remains. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on route. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where route 656 crosses Redbud Run; an old log house where route 659 crosses Redbud Run; Brumley House; Valley Mill Farm; Jordan Springs; and Tanquary House. The Hackwood Estate dates from 1777, a historic treasure in its own right. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected. Although hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off route 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall. The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence next to the road in the midst of Fort Collier Business/Industrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the baffle's later phases. 0 • Third Winchester Questions: Is the land north of Route 7 between routes 660 on the east and 656 on the west adjacent to the Berry-ville Pike Canyon part of the "core" battlefield as noted on the map E-10 in the September 2000 "Shenandoah Valley Battlefields National Historic District" (SVB), and again noted in "Third Winchester (Opequon) Battlefield Preservation Plan" (BPP) dated 8 June 1999. (figure 1-2) Is it even part of the battle's `'study area"" Answer: The land in question is not part of the core battlefield nor is it part of the study area of the battle. The SVB definition of "core" is battlefield lunde where fighting occurrecl, and the definition of "study area" is surrounding the core fighting areas. (p. v) In BPP the definition of "core area" is area.v of confi•al7tational clel)loj�lnent, heaviev fightlllg, and most severe casualties. Also in BPP the definition of "stucly area " isv lane! that "encorllpass'es all important components of the conflict... clpllroaeh routes•, areas• of troop Inoverlients. (p.l-3) Maps from the BPP show the area under consideration is not part of the Recommended Preservation Area, (Figure 6-2) which does not show any piece of the parcel as part of any preservation area. The Battlefield Interpretive & Management Plan, (Figure 7-1) shows the interpretation area beginning west of the parcel of land. Figure 4- 4, Roadway Viewsheds, shows the parcel can not be seen from the canyon road, which is certainly a study area because it was the main Federal approach. Figure 5-1, the Driving Tour, shows the planned tour route and any stop location also not close to the property. From the reports, (SVB & BPP) and a reading of the historical data, the area in question is not part of the "study area" and certainly not part of the "core" battlefield of Third Winchester. The area in question may have had some Federal soldiers cross it in an east to west direction. It could have been a haven for those Federals not wanting to join the advance. Federal horsemen or messengers may have crossed it, but riot in a planned maneuver. The land was part of the backwash of the confused movement to contact by the Federals down the Berryville Pike, and not contested by the Confederates. The following is the historical backup: From the Winchester BPP, Prepared by Frederick County Department of Planning & Development. The presence of developed secondary roads along Red Bud Run and along Abrams Creek is particularly interesting to Sheridan's tactics because of his failure to utilize them. (p. 2-5) While there can be little question Sheridan knew of these roads... • he chose to stack his three corps of infantry into Berryville Pike and through the Berryville Canyon. (p. 2-6) • Elisha Hunt Rhodes who was with Russell's Federal Division, 6`' Corps, described the main battlefield area west of the Berryville Canyon in the following; way. (P. 2-6) The Federal Van called for a thrust westward from Berryville down the pike to Winchester by the 6" and ] 9'h corps preceded by cavalry. This force would clear the Berryville Canyon, a potential choke point beginning just west of the pike's crossing Opequon Creek. (p. 2-9) Wilson's Cavalry sped through the canyon and successfully surprised Ramseur's Confederate pickets forcing them to withdraw, allowing the Union 6`h Corps to deploy to the Confederate front. At the same time Sheridan's insistence upon using this as the single line of access to Winchester and General Wright's failure to obey Sheridan's orders concerning his trains, caused this to become a bottleneck which hindered the rapid Union deployment. (p. 3-2) The large number of vehicles created a massive traffic jam, which caused hours of frustrating delays, reduced the amount of artillery that could get through to support the forward infantry and, most importantly, gave Juba] Early time to recall his scattered divisions and make a fi lit of it. (p. 2-10) When Sheridan finally attacked in earnest a little before noon, the 6'' Corps advanced along the axis of the Berryville Pike while the 19'h Corps staged in the so-called first woods between Ash Hollow and Red Bud Run. Advancing up a gentle slope, the attacking federal corps gradually began to move apart from each other. (p. 2-13) These quotes describe the action west of the canyon's mouth and the route of advance being wholly in the canyon with the Federals not deviating from the canyon road until they came upon a "gentle" slope... Primary sources confirm the BPP report: Fortunately for Ramseur, the Federals chose to approach the field through a narrow, wooded, two -mile -long canyon and got themselves into such a tangle that it was after 1 1:00'a.m. before they were fully deployed. Robert D. Johnston's,brigade conducted a skillful fighting withdrawal from a point near the mouth of the canyon. At last with his army in position, Sheridan ordered an attack at 1 1:40. XIX Corps plowed into Gordon's line and two VI Corps divisions under Ricketts and Getty stormed forward against Rodes and Ramseur. Wilson's cavalry had orders to turn the Confederate right so he went South. (Unit History 54`' NC, p. 225-6) The Third Battle of Winchester started 19 September on a line across the Berryville Road. Ramseur (Confederate) began skirmishing with an approaching heavy force, one and one-half miles east of Winchester. This line was on a plateau between Abram's Creek and Red Bud Run. The Federals attacked the camp at daylight. Our brigade was placed in line of battle on the right at about 10:00 and was ordered to the left • to support Johnston's brigade. (Unit History 3 1 " VA, p.78) • Around 1 1:00 the 13°i Virginia joined in a movement by the right flank and took position behind piled rails left of the Berryville Pike. (Unit History, 1) VA, p. 57) Ramseur's division, numbering only 1,700 men, was all that stood between Winchester and two Federal Corps. Pegrarn's men held their ground as long as possible, but were forced back, as Union regiments worked their way around either flank of the brigade. (Unit History, 58°) VA, p. 70) Fortunately for Ramseur, the rederals chose to approach the field through a narrow wooded, hvo-mile long canyon and got them selves into such a tangle... Robert Johnson's Brigade conducted a skillful withdrawal from a point near the mouth of the canyon. (North Carolina Troops, 1861-1865; 54"' Regiment N.C. Troops p. 225) Ramseur's thin division was called upon to stop two Federal army corps.(52d Virginia Unit History p. 71) Ramseur's division numbering only 1,700 men was all that stood between Winchester and two Federal corps.. The Virginians fell back in good order. (Unit History 5`h VA, p. 70) Around l l a.m. the l3°i Virginia joined in a movement by the right flank and took positions behind piled rails left of the Berryville Pike.(Unit History, 13°i VA, p. 57) The Third Battle of Winchester started on 19 September with and on a line across the Berryville Road. Ramseur began skirmishing with an approaching heavy force, one and one half miles east of Winchester. This line was on a plateau between Abram's Creek and Red Bud Run. (Unit History, 3 Is' VA, p. 78) On the left of the Confederate line were breastworks of stone thrown up. The underbrush our men had to advance through necessarily disorganized their ranks... The road from the Opequon up to the battlefield was a jam of ambulances... so the troops could not march on the road About one division marched on either side of the road, and met with more or less delay. (General George Crook, His Autobiography p.126) Seconda5, sources confirm the BPP report: The Confederates used Opequon Creek in their screening plans but it was too far away to emplace extensive defensive works on. The terrain favored cavalry. The Confederates benefited from better roads. Sheridan confined his main attack to the Berryville Pike and the ravine it went through. The restrictive canyon was the most influential piece of terrain of the battle. (Outline of Third Winchester, 19 Sept 1864) Wilson's Cavalry moved rapidly through Berryville Canyon and attacked isRamseur's advanced brigades, which were in earthworks astride the Berryville Road. Wilson took this position frorn the Confederates and held against several counterattacks • until VI Corps relieved him. Johnson's Confederate Cavalry brigade after screening at the Opequon and in front of Ramseur, fell back on either of Ramscur's flanks. When Emory tried to bring his Federal XIX Corps up he found the gorge, with its steep, tree -covered slopes rising sharply on either side of the pike, completely blocked by the supply and ammunition wagons of the VI Corps, despite Sheridan's specific order that the wagons should be held east of Opequon Creek until the XIX Corps was in position. Even the slopes were clogged, one soldier remembered, with `the hundreds of men who belong to an army but never fight —the cooks, the officers' servants, the hospital gangs, the quartermaster people, the present sick and the habitual `skulkers.' Ramseur withdrew slowly until about 10:00 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XIX Corps curl around Ramseur's left, Early placed Gordon on the extreme left, and when Rodes arrived he went between Gordon and Ramseur. The Confederates attacked just after 1 1:00 and caught Emory's corps just coming into line and thus off -balance. The original Berryville Pike was along the East bound lane of Route 7. In the West bound lane you are high up on the canyon's northern bank and should be able to appreciate the cause and extent of the "traffic jam" that snarled Sheridan's advance that morning. Federal Captain DeForest called the confusion in the canyon "stupendous oversight." VI Corps wagons blocked the passage of-XIX Corps for hours. The men were forced into woods on the steep hillsides and the chance of taking Early before he could concentrate was utterly lost. (Third Winchester by Roger Delauter, Jr. p. 81 ) Sheridan's plan was for VI Corps to reach the open country just east of Winchester and form battle lines. XIX Corps was to cross the Opequon and place itself under the command of Wright, leading VI Corps. The initial phase was from dawn to about 1 l :00 a.m. and took place in the canyon along the main approach to Winchester from Berryville. The second phase was from 11:40 to mid -afternoon and fought between Berryville Pike and Red Bud Run. This was the bloodiest phase of the battle, north of the pike as far as the Red Bud. Ramseur's Division guarded the Berryville Pike. Wilson came on with 3,300 Union cavalry, crossed Opequon Creek unopposed. The first shots of the battle were from 23d NC pickets firing on Wilson's men. Ramseur had been on the Pike for two days, now behind earthworks. The North Carolina unit would halt, face to the rear rank, wait until the Federal Cavalry got to within 100 yards then fire, the cavalry would break up, reform and repeat the action. Eventually Wilson's men captured the Confederate earthworks just south of the pike close to the canyon's mouth. Ramseur's men formed up on the open plateau beyond the canyon's mouth. The Berryville Pike was now open. Sheridan himself rode through and waited for the VI Corps to exit the canyon. VI Corps' advance was at a crawl and they had brought their wagons against orders which hampered the advance of the XIX Corps for hours. XIX Corps was forced on the nearly impassable hillsides. Coming back east was Wilson's wounded and some Confederate prisoners, which further confused the situation. On the right and left endless lines of infantry struggled through underbrush. Sheridan could • do little to unsnarl the procession. (Third Winchester by Roger Delauter, Jr. p. 24-30) • Wilson's division led the Federal advance... Since only infantry could negotiate the ravine where it narrowed close to the town it was imperative that the cavalry capture the Confederate outposts at its mouth, enabling the foot soldiers to reach maneuverable terrain farther on. (Grant's Cavalryman The Life and Wars of General James H. Wilson, by E.G. Longacre p. 149-150) Sheridan's troopers had swarmed up out of a wooded ravine so quickly at daybreak that Johnston's pickets fired but a single round before falling back... Ramseur had deployed his full division. The line straddled the pike about a mile and a half east of Winchester on an elevated plateau between Red Bud Run and Abraham's Creek. Looking to his immediate front and right, Ramseur saw open country. From the Opequon to Ramseur's position much of the Berryville Pike ran through a ravine bordered by thick Nvoods. Along this part of the road, the enemy, (Federals), might form in relative safety. (Stephen Dodson Ramseur, Lee's Gallant General by Gary Gallagher, p.140-141) The initial phase from dawn to about 1 Ia.m. took place along the main approach to Winchester from Berryville. The second phase, fought between 11:40 and mid- afternoon took place between the Berryville Pike and the Red Bud ... the Pike crosses the Opequon at Spout Springs Ford. West of the crossing as far almost as Winchester, the Pike passed through a narrow and wooded defile grandly known as the Berryville Canyon. The canyon would be the scene for the first phase of the Battle of Winchester. Just to the west of the canyon's mouth the road crested an open plateau...(Third Winchester, p. 23-31) Under pressure from Wright, Ramseur now withdrew slowly but skillfully until about 10 a.m. when Gordon and Rodes arrived on the field. Observing the leading elements of Emory's XIX Corps debouching from the gorge and starting to curl around Ramseur's left ... (The Battle of Winchester, p. 40) The Federal VI Corps having driven Ramseur from his initial position, has to wait for about two hours while the XIX Corps struggles through the traffic jam in Berryville Canyon. (Map 3) The Third Winchester Battlefield proper is bounded by Red Bud Run on the north, Abram's Creek on the south, US Route l l to the west and VA Route 656 (Greenwood Road) to the east. (Map Set for the battle of Third Winchester, under the heading Terrain in Outline of the Battle of Winchester, VA, 19 Sept 1864) 0 • Summary From the historical record it appears the advancing Federal Army used the Berryville route, in the Ash Creek Canyon, part of the study area, exclusively as an avenue of approach and only after they exited the west end of the canyon did they deploy north and south to attack Confederate positions further west, toward Winchester. Sheridan chose to attack through Berryville Canyon with two corps, the VI and XIXth. The canyon became a jam of wagons and men going in both directions. Sheridan himself rode to the canyon and tried unsuccessfully to sort out the mess. I can find no record the Federals climbed the canyon's sides or any Federal unit left the canyon other than along the Berryville Pike. Because the canyon sides were shale and very steep and once on top of the canyon Confederate artillery would have fired on them. General Wilson's Cavalry captured the Confederate earthworks just west of the canyon near the pike, and the Confederates retired to a position of piled debris and rails astride the Berryville Road. After General Wilson over ran the first Confederate position, the Confederates selected a more protected position across the pike because initially they only had Ramseur's division of 1,700 to face two Federal Army Corps. If they had any hope of thwarting the Federal advance they needed the protection earthworks would give them. When Vill Corps, in reserve under General Crook, advanced, it too marched in the ravine on both side of the road. I can find no record of any fighting that took place above the ravine to the north between Routes 660 and 656. Nor was it used for any activity defined under study area. The Berryville Pike from the Opequon to the western mouth of the canyon should be part of the battle study area as it is key terrain in understanding the battle. The land north of the canyon between Routes 656 and 660 is not a part of the study area or the battlefield core. Dr. Lynn L. Sims Historian • Red Byrd Rim • J. Impact on Community Facilities 0 Impacl Analyvi.v Statement Frederick County's capital impact model has been run to reflect the I mpacts associated With this project. Proffers have been created that intend to mitigate the associated impacts as presented. Additional impacts will be realized by this project, namely: Schools - better access to Red Bud Run Elementary and Millbrook High School from areas north to Stephenson. Sheriff/Fire & Rescue — improved traffic control and safety and VA Route 7. Parks & Recreation — public access to the Red Bud Rim preservation area. Solid Wastes - None Red Bred Run • K. Open Space Plan • Impac! Analysis Stalenmen! Single family projects with minimum 12,000 SF lots are required by ordinance to provide 15% of the total site in open spaces. Considering lands within this rezoning petition this requires 23.6 acres. The proposal brought forward in this petition provides land not needed for lots and roads totaling 52 acres or 33.1% of the site. (See Figure 17). This plans provides for 28.4 acres of land which is not encumbered by zoning ordinance regulations within the proposed RP zone. The normal lot density for 12,000 SF subdivisions historically in Frederick County has averaged 2.3 units per acre. The density of this proposal is 2.33 units per acre with the removal of the 28.4 acres from the project. The purpose of 28.4 acres set aside is to provide for a stream preservation parcel to protect the Red Bud run stream channel and to provide an important new resource to the County comprehensive open space plan. The resulting 3800 linear feet of stream channel, much of it on both sides of the stream, can provide permanent protection for this natural resource. A number of site meetings with groups such as the Opequon Watershed Commission, Trout Unlimited, Virginia Department of Conservation and Recreation, Frederick County Parks and Recreation has created a corridor boundary safe from intrusion and visually unimpaired by the proposed development. The preservationists are attempting to assemble other parcels along the stream, either by easement or fee, such that Red Bud Run can become a linear park setting from the spring heads near 1-81 to its confluence with the Opequon (see Figure 18). The owner has decided to limit the normal development density in the proposed RP zone by 18% in order to support this important public project. This set aside is described in the proffer section of this application. • AREA SUMMARY PMECT OMEN SPACE 2J.6 Ac (15.Ox) S7W-W PRfS�ATXW PARL'£L• 28.4 Ac (18. IX) 70TAL• 52 Ac (JJ 1X) Rte. 6Z 57WAM PRf:SERVAMW PARM (Continuous Opw Sioom to Include Preswvo6on £osemdw7t) a o° a a e� \ MiH / \ Rid e i1i'islGruc Prweerlvbia/J WYW Along Rwte 7 G i'lsPbr'W,r i l: t - _ j air � - ' �� '• / p'�.� ' � _ ...�� :' "-- `la `-/-- /., jam+`. -. � �• ^ � (��f °R I �__ �c {{,, J�•� /� �, ' l , ISM Red Bud Run gilbert w. clifford associates, inc. p STREAM/HISTORIC PRESERVA RON PLAN En&eers tend Planners water Quality 117 E. Picodill St. wnchester, Virginia 22601 ...... ......�T..... ..,.ter .- ., wnc. /r,•n1 cc7_If to uv. 4M acs_neoz nAAII 1 ," . o 1,23. Acres± 55-A-107 Patrick A. McTiernan 121.18 A DB 94 PG 178 Zoned, RA j 33.39 7A7cres+ -� 54-A-107A Patrick,:; J, McTiernan,'' 2.00 At � a ' TB 813"-PG 1735 Zonech RA �o Kerr vi�� 1: i Red Bud Run gilbert w. Clifford associates, inc. Stream Preservation Easement o\ McT emon Properties Engineers Lana Planners Water Quality c 10 117 E. kodilly SL Winchester, Virginia 22601 FREDERICK COUNTY, VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL' gwcriff0mnsinc.com • IV FREDERICK COUNTY IMPACT MODEL • is OUTPUT MODU LE APPLICANT: PIN 55-A-107,105,106 Net Fiscal Impact LAND USE TYPE Residential Costs of Impact Credit. INPUT -MODULE Credits lo-be_Take REAL EST VAL S45.885,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE 8 RESCUE 1 Capital-lcillues col sum only) Ope(_Cap-EQU1D F-mond(Debt-S. Taxes Ottler Fire and Rescue Department S247,331 Elementary Schools S1,427,956 Middle Schools 5756.796 $176.414 51,021,B89 High Schools S 1,164,330 Parks and Rec eation S510,041 S130,454 Public Library $93,400 S28,061 Sheriff's Offices $55,828 S23,116 $0 S12.128 Administration Building $84,479 SO Other Miscellaneous Facilities S107 404 $322.057 $64,807 SUBTOTAL $4,457,565 $521.586 S1,086,696 $170,643 LESS: NET FISCAL IMPACT SO NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) Cost Balance Eacilities-Impact Dwelling Unit SO SO $247.331 S707 S1.198,303 $842426 $2,506,656 $7.162 $130,454 S91,711 S418,330 S1,195 $28.061 S19,728 S73,673 S2t0 $35,244 S24,777 S41,051 S117 s0 SO $84,479 S241 S386,863 S271,971 SO SO $1,778,926 S1,250,613 $3,206.952 $9,163 $0 SO 0 SO $3,206.9521 S9.1631 INDEX: '1.0' If Cap. Equip Induded: 1.0 INDEX: "1.0- 0 Rev -Cost Sal, -0.0- H Ratio to Co Avg, 0.0 Rev -Cost Bal = 0.491 PLANNING DEPT PREFERENCES 1.D 1.0 Ratio to Cc Avg = 0.703 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negatve); included are the one-time taxesJfees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilties, as calculated fer each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include tnrlude interest because they are cash payments up from. Credits do include interest if the projects are debt financed. NOTES: Model Run Dale 10103/01 ERL P.I.N. 55-A-105, 106, 8 i07 Rezonirg: Assumes 157 acres zoned RP. 350 maximum single family lots proffer> d Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 9C days from the model run date. • V PROFFER STA TEMENT J • REZONING REQUEST PROFFER Property identification Number 55-A-105,106, 107 & 107A Stonewall Magisterial District RED BUD RUN Preliminary Matters Pursuant to Section l 5.2-2296 et. Seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor- or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to modify, alter or reconstruct Route 7 east bound lane left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter- or reconstruct the Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements. Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that front Route 660. (See location 1 on Proffer Plan). 0 • • REZONING REQUEST PROFFER Property Identification Number 44-A-89A and 44-A-89 Stonewall Magisterial District Red Bud Run 3. A minor collector roadway shall be constructed in Phase I of project to connect Woods Mill Road with Morgans Mill Road and a rear access to schools. (See 2 on Proffer Plan). 4. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 3 on Proffer Plan). 5. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 6. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Y. By:• Patrick A.,McTiernan Thomas M. McTiernan f Date: % ��/� Date: 1113 0 o Q__ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2001, by My commission expires Notary Public Page 2 of 3 • .7 , 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART OF REZONING TM55 Parcel 101 A PJ & DC McTiernon 2 Acres f--- 3 — pj1—_--____ ��---- - / TM,55 Pcf�ce1- ------------- i \ 1 M -Erederick Co. Schools py�_, / ---' -__--- 6w ----p 1p Red Bud Run � PROFFERED PLAN ti STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN14 eiue: Rid gge MHP Total Lands for Rezoning = 157.01 Ac. gilbert w. clifford associates, inc. Engineers Land Planners Water Quality 117 E. Picadilh St. Vfinclxster, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 EML gwcliH®mnsinc.com • A GENCY COMMENTS 0 Red Bud Run Reply to Agency Comments 26-Apr-02 Agency Comment Reply PC Staff Application Fee 157.01 ac-$600+$35x157.01= $6095.36 Survey Plat & description Provided Taxes paid ticket Provided Location and Access Distance to adjacent residences per attached. There will be increased traffic. There will be some visual impact. No residence is immediately adjacent to lands disturbed by proposed construction. Site Suitability Maps have been added showing steep slopes and woodlands. Maps have been added describing acreage. Traffic Traffic generation is shown on new map added to traffic section. LOS is shown on improved intersections at Rte 7/Woods Mill, Woods Mill/ project entrances and at Morgans Mill/project entrances. The cost of offsite roads is attached. (See PHR&A Traffic Study Addendum). Sewage Conveyance and Treatment Information on flows and preliminary sizing is included in revised text in section E. Water Supply The existing 10" main in Rte 7 has the capacity to serve the proposed development. A water stub will be provided at Morgans Mill Rd to provide the extension of service loop to School site if thought appropriate by School Board. Historic Sites and Structures The Miller -Woods house was destroyed by fire and on the same site a modern house has been built. The distance to this site from any disturbed lands is shown in section B. An old house, a barn and the old Mill Race are included in the proposed preservation parcel. This will allow the potential of preservation by the tract owner. Proffer Statement The GDP has been changed to Proffer Plan since more than monetary Proffers are involved. "and issued" has been removed from the proffer. The 28.4 acre stream preservation parcel will be held by the owner until an owner/operator agency contract can be formed and the title transferred. Several agencies are possible to hold title. The County will approve the Contract. This transfer will occur when public interests are served and a feasible plan for use is in place. The Road Eff buffer will be provided in the size required by the Master Dev Plan. 40 • School Access Point As agreed with the schools, the minor connector rd will Intersect Morgans Mill Rd at the existing point of intersection at the ex Haul Rd (at the existing gate). Public Works No Questions. Comment was favorable. Fire Dept Flow to Ash Hollow will be captured in and released What will be impact on Creek flows? from storm ponds in accord with approvals of plans by Public Works. This will mitigate impact on Ash Hollow Run. Fire Marshall Fire Hydrant Specs and coverage factors discussed. FCPS FCSA Looping of water mains encouraged Information provided on costs of education and the need for new schools Noted See staff comment. Looping back to the same is of limited value. School system is looped to Rte 7and to Regency Heights. This will be of operational value. Frederick County builds approximately 650 new houses each year based on 11 year statistics. New rezonings in the appropriate location are necessary to focus growth in "Livable Neighborhoods" near schools and where other essential services can be economically provided. Rezonings do not increase growth, when they occur within the UDA, it provides for orderly growth for the 650 units built each year. Minor collector to Woods Mill is a benefit This road is proffered for phase one of the project. The engineer for Red Bud Run recommends consideration of closing Rte 658 intersection with Rte 7 when this road is in place for safety. Plan for water and sewer service is acceptable Dept of Parks & Rec 50% of impact model proffer needs consideration Noted The 50% proffer has been established by the Board of Supervisors as appropriate. Increasing cost on units in the UDA has the effect of moving growth to the rural areas. This project is limiting density in order to provide a Stream Preservation corridor of 28.4 ac and link with other preservation along the corridor. This in itself is a major expansion of community leisure activity and is in addition to the monetary proffer. Co Attorney Proffer appears in proper form when signed by owner. ■ . -A VDOT 0 Property is within the Core of Third Battle. HRAB had concerns about loss of views, density of development and network connections to Stephensons depot Noted Included in the Historic impact section ("I") is a complete report by Historian Dr. Lynn Sims regarding the Battle of the Opequon (Third Battle). There seems to be no justification for a public agency paying to acquire this site since nothing of significance happened on the lands. A Historic Preservation Buffer will be designed to limit visual impact from Rte 7. The owner has offered to provide land for pull off areas (Kiosks) for interpretive purposes. To date there have been no requests or recommendations for such improvements. From Dr. Sims study it is found that the School Site has effectively separated Red Bud Run from any reasonable connection with the Battlefield Park at Third Battle. The property is within the UDA and there are several other good reasons to rezone the property , which are discussed in the application. This site has been in family ownership by the McTiernans and has ceased to be productive as farmland. With the evidence available, the highest and best use of the land is for UDA residential inventory. The low density approach proffered fits well with historic and environmental issues identified in this application. VDOT offers language to be included in This language has been included in the revised the proffer statement. proffer. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 11, 2002 Charles E. Maddox, Jr., Vice President G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Red Bud Run, Route 7 Preliminaiy Review of Potential Rezoning Petition Dear Chuck: I have had an opportunity to peruse the materials referenced above, submitted to this office on February 1, 2002. The proposed petition appears to be consistent with previously provided information discussed during the UDA expansion request. I would suggest you consider providing the following additional information when the formal rezoning petition is submitted to the County for consideration: l . Application Review Fee of $6,166. [$550 base + $50 refundable sign fee + ($35/acre * 159.03 acres)]. $550+50+5566 = $6,166 2. Survey Plat of the proposed Zoning District Boundary. Include meets and bounds, and legal description of proposed boundaries. 3. Taxes Paid verification for all parcels included in the rezoning petition. 4. Impact Analysis A. Item B: Location and Access. Provide the distances from the subject site to adjoining residences, and address potential nuisances. B. Item C: Site Suitability. Provide additional information pertaining to the location, amount (acreage), and percentage of the site that is in steep slopes and woodlands. C. Item D: Traffic. Provide a Traffic Impact Analysis as described on Page 5 of the Rezoning Application Package. Such additional information should address potential impacts and mitigation efforts proposed for both Woods Mill Road and Berryville Pike. D. Item E: Sewage Conveyance and Treatment. Provide the location, size, and available 46 capacity of the existing sewer main to be utilized by this proposed development. Explain the effect the development proposal might have on the main's capacity. Provide distance the main is from the subject site. 107 North Kent Street • Winchester, Virginia 22601-5000 Red Bud Run REZ Page 2 February 13, 2002 D. Item F: Water Supply. Provide the location and size of the existing water main to be utilized by the proposed development. Explain the effect the development will have on the service's capacity. E. Item I: Historic Sites and Structures. The historic Wood's Mill is not on the subject property, yet you have indicated that it will be preserved in open space. What is on the site is the Miller -Wood House; this structure should be buffered from the proposed development to assist in preserving its historic qualities. Provide the distance the historic structures are from the proposed rezoning boundary lines. 5. Proffer Statement. A. "General Development Plan" might be more appropriately titled "Monetary Contribution." Revise sentence for clarification: "...the undersigned will pay to Frederick County at the time a building permit is applied for a __� the sum of..." B. General Development Plan, Item #4. Who is intended to own and/or maintain the `stream preservation parcel'? Based on ownership, how will the site be made open to the ' public? 6. Road Efficiency Buffer (REB) along Route 7. As you are aware, an REB is required along Route 7. Please confirm that adequate distance has been provided on the Generalized Development Plan. 7. Clarify the location of the proposed road connection with the school site access point. Thank you for providing me an opportunity to review this preliminary zoning petition. I would agree with the review agencies that you have circulated this petition to: County Attorney, I-IRAB, VDOT, Public Works, Fire Marshal, Department of Parks and Recreation, Schools, Sanitation Authority, and Greenwood Fire and Rescue. Once you have received all comments and satisfactorily addressed the issues raised, the petition may be formalized with the appropriate property owner signatures on the application and proffer statement. Please contact me with any questions regarding this project. Sinc ly, Er R. Lawrence, AICP Deputy Director ERL/ch U THcTommonkRezonings\Red Bud Revicwl.svpd 0 46 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540)665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4`h Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the .- Department of Public. Works with their. review, 'Attach a copy, of your application form, location map, proffer . statement; impact analysis, and any . other pertinent. information: Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP l 17 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Department of Public Work's Comments l . l (l C , �o wu� cscty tJvtnit ti �S . Public Works Signature & Da . Notice to Dept. of Public Works — P se Return This Form to the Applicant fro • Rezoning Comments Fire and Rescue Company Greenwood Vol. Fire Co. P.O. Box 3023 809 Greenwood Road Winchester, VA 22604 667-9417 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540)667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire a�n)d� Rescue Company's Comments «Ll�`ce, '/d��r�' � 'jj &&up a uc �o 4ffkec°s5r�e c-v/4k" C'1104V,5' Fire & Rescue Company's Signature & Date: Notice to Fire & Rescue Company — Please Return This Form to the Applicant S Y 17 0 0 Rezoning Comments Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Tire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant:. Please fill.out:the'information as accurately -as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy -of -your application:-.;: form, location map, proffer -statement, impact analysis, and any other pertinent.' information. Applicant's Name Mailing Address Location of Property: Gilbert W. Clifford & Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Fire Marshal's Comments Fire Marshal's Signature & Dated Notice to Marshal — Please Return ' ' its Form to the Applicant n*GICN Frederick County Fire anti Fescue Departmen`C•office cif the Fire Marshal Plan Review and Comments Control number RZ02.0002 Project Name Red Bud Run McTiernan Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RA Date received 2/ 1 /02 City Winchester Date reviewed 2/5/02 Applicant G.W.Clifford & Associates State Zip VA 22601 Tax ID Number Fire District 55-A-105 to 18 Recommendations Automatic Sprinkler System Automatic Fire Alarm Syste No No other recommendion Emergency Vehicle Access Not Identified Siamese Location Not Identified Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Ph 540.667-2139 Rescue District in Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "fro Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire hydrants shall be set at 3 feet from curbage and spacing shall alloy coverage to within 300 feet of all single family dwelling units. Access Comments Additional Comments A loop in the water supply system wether connected to the FCPS site or separate connection to Rt.7 will greatly enhance fire suppression activities. Plan Approval Recommended Reviewed By Signiture �. Yes Q is Title `\`S`UbcptS An �jce�'� J C � C F • FC, P's Fredellck CountyPublicSchools %dministrative Assistant to Visit us at www.frederick.1<12.va.us he Superintendent February 4, 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Dear Mr. Maddox: e-mail: orndorfa@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning application for the Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635 comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect capital expenditures for buildings and their debt service. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollment. The construction of a minor collector road through the proposed Red Bud Run project would be of significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school property to the minor collector road and onto an improved Woods Mill Road and signalized west lane intersection on Route 7 would help improve overall traffic safety. The impact of this subdivision on current and future school needs should be considered during the approval process. Sincerely, AlOrndorff / • Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools 88 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540 Rcdbud Run L:/PlanningfRcdbud Run • • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible- in order, to assist the, Sanitation Authority with their review..: -Attach a, copy of -your application form;,' location map, pr offer. statement, impact analysis, . and any, other pertinent information'. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Sanitation Authority Comments The conceptual plan for providing water and sewer service to the propos property is acceptable. Sanitation Authority Signature & Date: AeIi D,Z Notice to Sanitation Authority — Please Return This Form to the Applicant II 14 • Rezoninff, Comments - Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2°d Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill "out the information as accurately as possible in order to assist, the, Department of Parks & Recreation with their review. Attach a copy of your application. form; location map,. proffer statement, impact, analysis, and -any otherpertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540) 667-2139 Mailing Address: Location of Property: c/o C. E. Maddox Jr. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7_ Current Zoning: RA Zoning Requested: RP Acreage: 159 This rezoning applications includes Dept. of Parks & Recreation Comments proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Signature & Date: /��_ Notice to Dept. o rks & Recreation — Please Return This Form to the Applicant 12 • • Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540)665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Mailing Address: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667-2139 North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 County Attorney's Comments 0� f Assistant County Attorney' Signature & Date: Z-7 Z� 7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 21, 2002 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc 117 East Piccadilly Street, Suite 200 Winchester, VA 122601 RE: Red Bud Run Rezoning Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of February 19, 2002. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants' historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed rezoning. Historic Resources Advisory Board Concerns The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National Park Service. Therefore, the HRAB has expressed concern for loss of core historic battlefields. Specifically, the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed development and its impacts on possible battlefield network connections to Stephenson's Depot. Based on the above concerns, the HRAB recommends denial of this rezoning request. Please contact me with any questions concerning these comments from the HRAB. Sincerely, J� � 1)d-6LL( Rebecca Ragsdale Planner I RAR/ch icc: Bessie Solenberger, Chairperson U \CONII tITTEES\FIRAB\Recommendations\RedUudRunRZ wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Dept. of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Dept. of Planning & Development Co. Administration Bldg., 4 'Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Advisory Board Comments P L [-'E---Y T-1P- !z -b �-t- �r� Ala I I a a Signature & Date: Notice to Advisory Board — Please Return This Form to the Applicant • 8 om: Eric Lawrence <elawrenc@co.frederick.va.us> ►: Chuck Maddox <gwcliff@mnsinc.com> ite: Thursday, March 14, 2002 4:36 PM Oject: [Fwd: Rezoning Comments - Redbud Run Subdivision] iuck- 3ff would concur with VDOT's comments (attached), and would also ggest that additional details be provided regarding a road connecting Dods Mill and Morgans Mill Roads. ric is R. Lawrence, AICP, CZA :puty Director apartment of Planning and Development ►unty of Frederick 7 N. Kent Street inchester, Virginia 22601 0.665.5651 0.665.6395 fax awrenc@co.frederick.va.us 0 om: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> 'Eric Lawrence' <elawrenc@co.frederick.va.us> Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> lee: Friday, March 08, 2002 12:09 PM jbject: Rezoning Comments - Redbud Run Subdivision )OT requests the Transportation Comments of McTierman Rezoning Request as iicated in Section V Proffer Statement be modified as follows: ,neral Development Plan Modify, alter or reconstruct Route 7 east bound lane left turn lane and )er to the Route 7/Route 660 crossover. Modify, alter or reconstruct the )ute 7 east bound lane, acceleration lane from Route 7/ Route 660 )ssover. Modify, alter or reconstruct the Route 7 west bound lane, right -n lane and taper to Route 660. Construct a right turn lane and taper, )ute 7 east bound lane, into the Blue Ridge Mobile Home Park. ie west bound lane Route 7/Route 660 intersection is to be signalized in njunction with the intersection improvements. )ute 660, Woods Mill Road, is to be upgraded to include full width lanes, t and right turn lanes and associated tapers across the parcel that mts Route 660. A minor collector roadway shall be constructed in Phase I of project to oods Mill Road with Morgan's Mill Road. even A. Melnikoff ansportation Engineer )OT — Edinburg Residency ;rmit & Subdivision Section 1031 Old Valley Pike iinburg, VA 22824 40) 984-5611 40) 984-5607 (fax) VII SURVEY PLA T & DEED • • • PLAT SHOWING THE LAND OF PATR C K A. M CT E R NAN & oN THOMAS A. MCTIERNAN 6 DEED BOOK 406 PAGE 631 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA vA. FEBRUARY 20, 2002 SCALE: 1 "=500' L� L25 RE EC Ro DRAWING: 3830 O ,._._a26 D8j1D UTE 661 SHEET 1 OF 2 L31-40 L59 L32 PIN 55—A-107 121.5227 ACRES Cl 0 L4 VA ROUTE 7 500 0 500 SCALE: 1" = 500' PIN 55—A-107A 'Z; i 1-41 L3 L35r1 58 L61 0 p..._. �6 L57 SD_ 46,1 L37LS66 -06.-....� PIN 55—A-105 ,\ L44 "� a L45 'L, co L2 L55 q v ,'L54 W ,L53 N L52 O PIN 55—A-106 �3 W 34.1603 ACRES 0 co 1c-') 2 L70 • • rl IR\/F TARI F CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 06°36'00' 3744,72' 431.36' 215.92' 431.12' 1 N63°07'12'W I IMF TARI E LINE BEARING DISTANCE L1 N65°02'19'W 450.44' L2 N69°04'36'W 400.23' L3 N66°47'32'W 456.76' L4 N73°35'31'W 295.24' L5 N56°13'33'W 101.92' L6 N76'08'23'W 101,10, L7 N66°25'12'W 723.17' L8 N25°38'28'E 38.82' L9 N25°51'27'E 774.51' 1-10 N24°34'59'E 555.11' L11 N17'19'20'W 150.00' L12 N24°15'59'E 119.08, L13 N35°18'55'E 68.26' L14 N76°20'54'E 12337' L15 S88°49'57'E 82.45' L16 N87°23'24'E 77.74' 1-17 N87°37'32'E 165.57' L18 N13°23'13'E 48.32' L19 N19°15'15'E 21,89' L20 S89°49'48'E 185,30' L21 N47°28'21'E 139,15' L22 S45°59'55'E 548.49' L23 S42*01'52'E 470,19' L24 S60'32'00'E 329-00' L25 I S68°24'11'E 188.49' I INE TABLE LINE BEARING DISTANCE L26 S64°59'53'E 92.96' L27 S61°34'03'E 460.83' L28 S52°05'27'E 199,57' L29 S47°42'48'E 97.39' L30 S46°37'08'E 66.58' L31 S22°59'59'W 76.09' L32 S22°59'10'W 25.15' L33 S54°45'31'E A3.24' L34 Sll'30'08'W 47.12' L35 S19004'45'W 105.75' L36 S22°46'49'W 96.34' L37 S27°45'19'W 108.67' L38 S27°10'39'W 100.48' L39 S24°32'25'W 144.05' L40 S22°40'35'W 58.54' L41 N66°00'53'W 184.40' L42 S17°38'16'W 137.72' L43 S20°13'50'E 287.13' L44 S18°O1'57'W 105.40' L45 N72°39'10'W 5.00' L46 S18°52'26'W 98.68' L47 S25°52'26'W 221.36' L48 S80°54'13'W 64.08' L49 N14°51'35'E 3 L50 N72°39'10'W NOTES: 1. THE BOUNDARY INFORMATION SHOWN ON THIS PLAT WAS TAKEN FROM METES AND BOUNDS DESCRIPTIONS MADE BY JOHN W. VEATCH, L.S. AND RECORDED IN DEED BOOK 406 AT PAGES 633 THROUGH 635. NO FIELD RUN BOUNDARY SURVEY OF THE LAND SHOWN HEREON WAS MADE OR IMPLIED. I IMF TARI F LINE BEARING DISTANCE L51 N18°01'57'E 344.33' L52 N20°34'02'E 101.05' L53 N22°40'35'E 57.64' L54 N24°32'25'E 143.28' L55 N27°10'39'E 99.16' L56 N27'45'19'E 110.24' L57 N22°46'49'E 99.46' L58 N19°04'45'E 109.71' L59 N11°30'08'E 32.15' L60 S54°45'31'E 333.75' L61 S66°08'36'E 156.26' L62 S06°23'32'E 77.78' L63 S89°54'57'E 136.13' L64 N36°30'09'E 28.38' L65 S51°29'14'E 108.83, L66 N73°17'57'E 72.41' L67 S61°11'12'E 243.51' L68 S02°51'56'E 55.21' L69 N80'52'18'W 15,57' L70 N76'14'19'W 424.33' L71 N63°23'41'W 274.52' L72 N77'10'06'W 373,68' L73 N26°56'29'W 54.18' 24,59' PLAT SHOWING 5.00' THE LAND OF PATR CK A. MCTIERNAN THOMAS A. MCT ERNAN DEED BOOK 406 PAGE 631 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 20, 2002 SCALE: 1 "=500' DRAWING: 3830 SHEET 2 OF 2 • r� • • 0 PHYLLIS L. MCTIERNAN " TO: DEED OF GIFT " PATRICK A. MCTIERNAN, ET IAL " 106k10k . sou 4OS 631 THIS DEED OF GIFT, made and dated this 9th day of April, 1973, by and between Phyllis L. McTiernan, Widow, party of the first part hereinafter called the Grantor, and Patrick A. McTiernan and Thomas M. McTiernan, parties of the second part hereinafter called the Grantees. WITNESSETH: That for and in consideration of the mutual love and affection that the parties hereto have for each other, the Grantor does hereby grant and convey unto the Grantees, jointly, in fee simple, as tenants in common, all of the following described realty, to -wit: Parcel One: All of that certain tract or parcel of land lying and being situate about 3� miles East of Winchester on the North side of the Winchester and Berryville Turnpike, and containing approxi- mately 176 acres, and being the same tract of land that was conveyed to Patrick J. McTiernan by deed of Henry J. Brawley and wife dated January 16, 1933, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 165, Page 179. Parcel Two: All of those .two certain tracts or parcels of land described as being on the North banks of Red Bud Road adjoining Parcel One aforesaid, containing 5 acres and 23 square poles, more or less, according to a survey made by Walker Me. C Bond, Surveyor, and attached to that certain deed from Harry C. Miller and wife to J. Patrick McTiernan and Phyllis McTiernan dated March 15, 1944, and of record in the said Clerk's Office in Deed Book 189, Page 84, the said J. Patrick McTiernan having died June 19, 1959 and Phyllis McTiernan, being one and the same person as Phyllis L. McTiernan, Widow. From said conveyance has been conveyed certain con- ..,1.,�. veyances to Virginia Department of Highways along Route 7, Route xnc.un.. mlNu � 660, Route 661 and Route 656. I e" • That said land has now been surveyed by John W. Veatch of Trico Associates, Inc., and the plat and description to said land is attached hereto and made a part hereof for more particular description of the land herein conveyed, consisting of Parcel A on said plat of 123.5227 acres and Parcel B of 34.1603 acres for a total of 157.68 acres. The Grantor covenants that she has a right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances; That the Grantor has done no act to encumber said land, and that she will execute such further assurances of title as may be requisite. WITNESS the following signature and seal: SEP Phyllis L. McTiernan STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: I, a Notary Public in J and for the State and County aforesaid, do hereby certify that Phyllis L. McTiernan, whose name is signed to the foregoing deed bearing date the 9th day of April, 1973, has acknowledged the same before me in my State and County aforesaid. Given under my hand this � day of April, 1973. My commission expires�,�,a „m�/,J.3� II79V emirs Z � "'rrrx. Notary Public M A!!1[ �Y! lNAll11 •IY CM[t. [Y. YIY� vl1 0 CI • • • ............ BOGK 406 M-1 635 T::.co ASSQCLtT:iS. c'%co::aoar.:.1a Bu�Drccrr•➢'lu"ncrr •Sun•oyorr Legal Description of Parcel B - Portion of land conveyed to Thomas M. and Patrick A. Mc Tiernan by will dated August 10, 1956, and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Mc Tiernan by the following deeds; January 16, 1933, deed book 165, page 179 and March 15, 1944, deed book 199, page 84. Beginning at a concrete monument at the Intersection of the northern right-of-way line of State Route 7 and the eastern right-of-way line of Route 660; Thence running with the eastern right-of-way line of Route 660, N 14° 51' 35" E 324.59' to a point; thence N 720 39' loll 11 5.00' to a point; thence .N'18° 01' 57" E 344.33' to .a point; thence N 20° 34' 02" E 101.05' to a point; thence N 22° 40' 35" E 57.64' to a point; thence N 24' 32' 25" E 143.28' to a point; thence N 27' 10' 39" E 99.16' to a point; thence N 27' 45' 19" E 110.24' to a point; thence N 22' 46' 49" E 99.46, to a point; thence N 19" 04' 45" E 109.71' to a point; thence N 11' 30' 08" E 32.15' to the center line of Red Bud Run. Thence leaving the right-of-way of Route 660 and running generally with the center line of the Red Bud Run, the following 9 courses S 54" 45' 31" E 333.75' to a point; thence S 660 08' 36" E 156.26 to a point; then S 060 23' 32" E 77.78' to a point; thence S 890 54' 57" E 136.13' to a point; thence N 360 30' 09" E 28.38' to a point; thence S 51" 29' 14" E 108.83' to a point; thence N 730 17' 57" E 72.41' to a point; thence S 61e 11' 12" E 243.51' to a point; thence S 02° 51' 56" E 55.21' to a point. Said point located by me- asuring S 24° 05' 08" E 40.63' from a 40 inch Sycamore tree; then leaving with the lands of William Alexander and Shirley Trussel, S 170 28' 43" W 1217.35' to an iron pin in the northern right-of-way line of State Route 7; thence N 80o 52' 18" W 15.57' to a concrete monument; thence N 760 14' 19" W 424.33' to a concrete monument; thence N 63' 23' 41" W 274.52' to a concrete monument; thence N 770 f' 10, 06" iJ 373.68' to a concrete monument; thence N 260 56; 24" W 54.19 to the point of beginning containing 34.1603 acres. , VInC'rr'r1r'.DCA;CI< COUNTY, ECT. Tn.s nS:run1CA' a: vrritlna was producco to mo on the „__, daY of !_„•„ and with ecrlilicato of ackno•w:edCmant thereto ann xed was admltA.:4 Iv Ncyid. , /�� -+yy(�T -�v jP • BOCK 406 )act 633 ASsocaA:::.ti, Might 4, Legal Description of Parcel A- Portion of land conveyed to Thomas 14. and Patrick A. Mc Tiernan by will dated August 10, 1956 and recorded in will book 63, page 335 among land records of Frederick County, Virginia. Said land conveyed to Patrick J. Me Tiernan by the following deeds; January 16, 1933, deed book 165; page 179 and March 15, 1944, • deed book 199, page 84. Beginning at concrete monument at Intersection of North right-of-way line of State Route 7 and the Western right-of-way line of Route 660. Thence N 25° 52' 2611 E 221.361 running along the Western right-of-way line of Route 660; thence N 18' 52' 26" E 98.68' to a point; thence S 720 39' 10" E 5.00' to a point; thence N 18° 01' 57" E 105.40' to an iron pin corner to Patrick NcTiernan's lot. Thence running with 14cTiernan N 200 131. 5011 W 287.131 to an iron pin; thence N 170 38' 16" E 137.721 to an iron pin; thence 66' 00' 53" 'd 184.401 to an iron pin corner to Patrick NoTiernan's lot in 'destern right-of-way line of Route 660. Thence continuing with Western right-of-way line of Route 660 the following seven courses: N 220 40' 35" E 58.54' to a point; thence N 240 32' 25" E 144.05' to a point; thence N 270 10' 3911 E 100.48' to a point N 270 45' 19" E 108.67' to a point; thence N 220 46' A9" E 96.34' to a point; thence N 190 04' 45" E 105.75' to a point; thence N 110 30' 0811 E 47.12' to a point -''in the center line of Red Bud Run. Thence with the center line of Red Bud Run N 540 45' 3111 W 43.24' to a point; thence ]e aving center line of Red Bud Run N 220 59' 1011 E 25.15' to a walnut tree; thence N 220 59' 59" E 76:09' to an iron pin in southern right-of-way line of Route 661; thence running with southern right-of-way of Route 661 the following five courses: N 460 37' 0811 W 66.58' to a point; thence N 470 42' 4811 W 97.39' to a point; thence N 52° 05' 2711 W 199.571 to a point; thence N 610 34' 03" W 460.83' to a point; thence N 640 59' 5311 W 92. 96' to a point; thence leaving the right-of-way line of Route 661 and running with the land of Elmer De Haven and .along the center line of Old • Factory Road N 680 24' 1111 W 188.491 to an iron pin; thence N 600 32' 00" W 329.00' to an iron pin; thence N 42° 01' 52" W 470.191 to an iron pin; thence continuing along center line of Old Factory Road and running with the land off the Council of the House of Jabob N 450 59' 55" W 548.49' to an iron pin corner to Robert Cunningham. Thence running with the land of Robert Cunningham S 470 28' 2111 W 139.15' to a point in the center line of Red Bud Run; thence ,vr nnr INW srx(Ff IAµl OVUM, VIAQIMIA 10011 (T40) JU-044 490 W, YFATOM, G&O, iPWAAO W, W141[. is E • 'EoU 406 rar.E 634 Gnl;luoerr- Plus atnvr-Survoyorr . A Page 2 running with the center line of Red Bud Run N 890 49' 48" W 185.30, to a point; thence leaving the center line of Red Bud Run and run- ning with the eastern right-of-way line of Route 656 S 190 15' 15" • W 21.89' to a fence post; thence S 130 23' 13" W 48.32' to a fence post; thence continuing along the South-eastern right-of-way line of Route 656 the following seven courses: S 870 37'. 32" W 165.57, to a point; thence S 870 23' 24" W 77. 74' to a point; thence N 880 49' 57" IV 82.45' to a point; thence S 760 20' 54" l/ 123.97' to a point; thence S 350 18, 55" W 68.26' to a point; thence S 24° 15' 59" IV 119.08, to a point; thence S 17' 19' 20" E 150.00' to an iron pin; thence continuing along the eastern right-of-way line of Route 656 S 24° 34' 59" W 555.11' to an iron pin; thence leaving 'the right- of-way line of Route 656 and running with the following lots: Myrtle Newlin, Simon Newlin, and Lewis Atkins S 25051' 27" W 774.51' to a concrete monument; thence S 250 38' 28" '9 38.82' to a concrete monu- ment in the Northern right-of-way line of Route 7; thence continuing with the northern right-of-way line of Route 7 with a -curve to the left with an arc of 431.36' and a radius of 3744.72' to a concrete monument; thence continuing with the northern right-of-way line of Route 7 the following eight courses: S 660 25' 12" E 723.17' to a con- crete monument; thence S 760 08' 23" E 101.10' to a concrete monument; thence S 56' 13' 33" E 101.92' to a concrete monument; thence S 6A° 35' 31" E 295.24' to a concrete monument; thence S 691 04' 36" E 400.23' to a concrete monument; thence S 650 02' 19" E 450.44' to a point; thence N 800 54' 13" E 64,08' to the point of beginning containing 123.5227 acres. • • ,v+ wnr r.�>N [1 t[[T /Aµ1 CKVADM, VIAQIHIA Mit ;iq; 1014011 OOMN W, VOATO", O.", 90WAAO W Wft- r,L 0 • TAX TICKET RECEIPT - Y E A R 2 0 0 1 ;ickeL 1r:UUL13/0uuu1 �c 7/26/2001 F,K COUNTY REDE_ Register: LM Register: C. WILLIAM ORNDOFF, JR Trans. 834 If: 10834 P.O. BOX 225 Dept If RE200101 ACCT## 15803 WINCHESTER VA 22604 •2001 REAL ESTATE TAXES Previous $ 97.94 121.18 ACRES 55 A 107 Balance Acres: 121.18 Principal Being Paid $ 97.94 Land: 29110 Imp: 3000 Penalty $ 9.79 Interest $ 1.80 MCTIERNAN, PATRICK A. Amount Paid $ 109.53 *Balance Due 169 WOODS MILL RD as of 7/26/2001$ .00 STEPHENSON, VA. Check 110.42 ## SFIN 162 2I656 2038 Pd by MCTIERNAN, PATRICK A. ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A" R E C E I P 'I - Y E A R 2 0 0 1 Ticket ff:00215770001 @@ FRET; -'CK COUNTY _ Date 7/26/2001 C. WILLIAM ORNDOFF, JR Register: LMM/LM P.O. BOX 225 Trans. If: 10833 Dept It RE200101 WINCHESTER VA 22604 ACCT## 15802 2001 REAL ESTATE TAXIES Previous 34.16 ACRES 55 A 106 Balance $ 12.28 Acres: 34.16 Principal Being Paid $ 12.28 Land: 4024 Imp: 0 Penalty $ 1.23 Interest $ .23 MCTIERNAN, PATRICK A. Amount Paid $ 13.74 *Balance Due 169 WOODS MILL RD as of 7/26/2001$ .00 STEPHENSON, VA. 22656 2038 Check 13.85 If SFIN 161 Pd by MCTIERNAN, PATRICK A. ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 1 ,icket 4:00215760001 @@ FREDE. _K COUNTY late 5/24/2001 C. WILLIAM ORNDOFF, JR Register: CWO/ If: 01312 P.O. BOX 225 Trans. Dept If RE200101 WINCHESTER VA 22604 ACCT## 15801 2001 REAL ESTATE TAXES Previous Balance $ 329.40 1.33 ACRE 55 A 105 Acres: 1.33 Principal Being Paid $ 329.40 Land: 28300 Imp: 79700 Penalty $ .00 Interest $ .00 MCTIERNAN, PATRICK A. Amount Paid $ 329.40 *Balance Due 169 WOODS MILL RD as of 5/24/2001$ .00 STEPHENSON, VA. Check 329.40 It TRANSAM VAR 22656 2038 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) • IX APPENDIX 0 p.2 • A Traffic Impact Analysis of Red Bud Run located in Frederick County, Virginia prepared for: Gilbert \V. Clifford & Associates, Inc. 117 L. Piccadilly Street Winchester, Virginia 22601 prepared by: Patton Harris Rust & Associates, pc Fjiyineers. Surveyors. Manners. Landscape Architects. aO R-A Tt703i.4 9.6700 P ?.0151-t679 PH F 703.449.6713 May 1, 2002 • OVERVIEW Report Summary This study considers the traffic impacts associated with the proposed Red Bud Run development to be located along Woods Mill Road, north of IZontC 7, in Frcdet ick County, Virginia. The proposed development is to include .300 sinsple f<•nnily detached residential units Patton Harris Rust & Associates. pc (PHR+A) has complete traffic analyses for existing, 2007 background and 2007 build-ont traffic conditions. Access to the site will be provided via a proposed "East-West Internal Connector" that will extend from west of Nforgan Mill Road to east of Woods dill Road. This will coincide with the disjointing of the Morgan \4ill Road/Route 7 intersection. All trips are to be rerouted to Woods Mill Road via the proposed Last -West Internal Connector. .METHODOLOGY 'I -he traffic impacts accompanying the proposed Red Bud Run development were obtained through a sequence of activities aS the narratives that follow document: • Calculation of trip generation for Rcd Bud Run, • Assessment of background traffic including other planned projects in the area of impact, • Distribution and assignment OCRed Bud Run generated trips onto the completed road network, • Analysis of capacity wid level of service with the newest version of the highway capacity software, HCS-2000 (Version 4.1b), for future build -out conditions. EXISTING CONDITIONS PHR+A conducted automatic "tube counts" and manual peals hour traffic counts at the kcy locations within the Red Bud Run study area. Figure I shows the existing (2002) AllT and AM and PM peak hour traffic volumes along kcy roadways/intersections within the study area. Figure 2 illustrates the respective existing lane geometry and AM and PivI peak hour levels of service. All traffic count data and IICS-2000 levels of service worksheets are included in the Appendix section of this report. � PHR1� Tutl'Gc Impact Analysis of -Red Bud Run \lay I, 2002 Page t 1- tT \ 1 i rigure 1 Existing Traffic Conditions 05-01-02 L o c � x C o C s � -------------------- SITE SITE 1 1 KOUte 7 SEE BELOW AM Peak Hour (PM Peak- Hour) I evels of Service IRA'PIS of Service FB/t cft — B(A) Levels of Service SB/Left = B(A) NBFrhru = C(E) SB/Thro _ C(C) Ilk Levels of Service J EB/Left = A(A) —� — — SB/Left — A(A) ! z> �a'v�..a-,k� R���fw'7J qua^`. z.-r. >P9�ciesS�r.� ^' l'� :` '� 4' i .-7'c'1�r".�+- ra^-+r "`" •y i'�,;:.:.,,_., \u7� et, .'f PH • Figure Al. .Route• feaa 8oiaiad y T Existing Lane Geometry and Level of Service 05-01-02 1-1 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 7 and Woods Mill Road, respectively, using an historic growth rate of 2.5% per year (compounded annually). Figure 3 shows the 2007 background ADT and AIM and I'M peak hour traffic volumes along key roadways/intersections within the study area. Figure 4 shows the respective 2007 background lane geometry and AM and PM peak hour levels of service. All HCS- 2000 level of service worksheets are included in the Appendix section of this report. TRIP GENF,IZATION The total number of trips produced by and attracted to the Red Bud Run site were established using the 6i1' Edition of ITE's Trip Gelecrotion Report. Table 1 provides a sununary of the results. "fable I Red Bud Run Trip Generation Summary AM Peak Hour PNl Peak flour Code land Use Amount to Out Total In Out Totnl ADT Red Bud Run -- 210 Single -Family Detached 300 units 55 165 219 185 104 289 3,000 Total 55 165 219 185 104 289 3,000 TRIP DISTRIBLTION AND TIZIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network sulTounding the proposed site. Figure 5 represents the trip distribution percentages into and out of the Red Bud Run development. Figure 6 shows the respective ADT and A.M. and P.M. peak hour trip assignments along key roadways/intersections within the study area. 2007 BUILD -OUT CONDITIONS The Red Bud Rtnt assigned trips (Figure 6) were added to the 2007 background traffic (Figure 3) to obtain 2007 build -out conditions. Figure 7 provides the 2007 build - out AllT and A.M. and P.M. peak hour traffic along key roadwayshntersections within the study area. Figure 8 slows the corresponding 2007 build -out lane geontetty and AM and PM peak hour levels of service. All HCS-2000 level of service worksheets are included in the Appendix section of this report. Traffic Impact Analysis of Red Bud Run . May 1, 2002 4 4 • School Access 'C c� O 00 pi %.. 85(127) o o 0(0) ti--- 0(0) "))0 . a )1( (o)o (0) 0 .... PHR-.- Figure 3 East-West Internal connector SITE Route 7 J1 (0)0.p rrr�wrrrP.mW (69)118 =- % SITE 00 -r pip V"i _N N �} j'~ %-54(148) L 4— 693(1125) (154)142 ., P (689)1515 mm+ AM Peak Hour (PM Peak hour) 2005 Background Traffic Conditions 05-01-02 • ANI Pcak I lour (PM Peak Hour) l HU' Figure 4 East-West i SITE Route 7 Unsignaliaed Intersection 4 R SITE x SEE I1 BELOW 2005 Background Lane Geometry and Level of Service 05-01-02 • �Ao w LH Figure 5 Trip Distribution Percentages 05-01-02 • v c c 04 o o 16(10) School East-West 7IAccess I tnm tcal Colulector � '--0(0) r SITE � � 4-4(2)(18)5 .-.► 40— 34(22) (4) l •�► (71)112 1I'I' M r oc 00, �j %.33(111) Route 7 f L 4— I (54)16.. P ; I 1 0 • �o 'CJ cd O x ON rz: o % .85(127) 0 0 0 4� 16(10) School t �(�) East-West Access I t Internal Colmector jwm%(- (0)0 r.J'L —4(2) (18)5SITE r 34(22) (U)0 ii (4)1(140)230 ^' ^• SITE m M�h� L 86(259) Route 7 1 L 1-693(1125) (208)158. P (689)1515 �-► AM Peak Hour (PM Peak Hour) P i�:.n H • figure 7 2007 Build -out Traffic Conditions OS-01-02 • b M C Unsignalized -- Intersection S :C School *> A(A)* East-West cCesS Internal Connector *(A.)A ' SITE Route 7 AM Peak Hour (PM Peak flour) * Denotes critical unsignalized movement -v Ct 0 � u �o cn 'L7 O C Unsionalized Intersection 1">A(A)* *(A)A� SITE m SEE BELOW Levels of Se_ nice Levels 01 Service EB/Left = B(A) Levels of Service SB/Leff — B(A) EB Approach = C(C) W B Approach = C(C) SB Approach _ C(C) 'y Overall = C(C) — — — !-ll '(ten-'� �-w..•-�-� t"' �" y,,,X_ '�"(CYStV01f _ , [�'� ,� � � .a- .-�. tom• +��. ��-•..tti_ h• �,,.��+vw^•To.'� $''' ..�'' 4 �— —� `n-'S"�^i�`'�`7F+Sgy��'•pZ�-� � � ; �•---.`p'�''`�-.,+ -c �Y 01 Figure 8 2007 Build -out Lane Geometry and Level of Service 05-01.02 p.13 • CONCLUSION The traffic impacts associated with the proposed Red Bud Run development are acceptable quid manageable. All intersections maintain acceptable levels of service "C" or better for 007 build -out conditions. No traffic mitigation measures will be required for this dcvelopment. P RA 'I'raf'tic impact Analysis of Red Bud Run HPage 11 SUMMATION OF THIRD WINCHESTER FROM PUBLISHED SOURCES As far back as the spring of 1862, the Union attempted to control the Shenandoah Valley, shutting it off as an invasion route to Washington, D.C.. In 1862 Lt. Gen. Thomas J. "Stonewall" Jackson did not attempt to seize the Union capital, but frustrated several Yankee armies in his brilliant Valley Campaign. In the summer of 1863, a token Union force had been pushed back as the Confederates moved north eventually into Pennsylvania. In a four -day period in September 1864, Phil Sheridan accomplished what Federal forces had not been able to do previously in the war. When Grant took control of all Union armies in the spring of 1864, it was the first time the Union had a chance of ending hostilities. Students of war recognize the best target to end a war is to destroy the will or morale of the enemy, soldiers and citizens. The second best target is to destroy the logistics or supplies of the opposing army, while the least effective way to victory is to defeat an enemy on the battlefield. In 1864 Grant himself would go after the South's logistics by pushing Lee's army back on Richmond. When Lee was defending the Confederate capital, Grant shifted his army across the James River and attack Petersburg. There were five railroads coming into Petersburg from the South and one from there to Richmond. Eventually Grant lay siege to Petersburg and worked his army south and west around the town until the railroads were cut and Lee was forced to evacuate westward. To destroy the Southern will Grant directed Sherman to cut loose from his supply base in Tennessee and drive through Georgia. In the process he destroyed much of the state and brought the war to the population of the deep South which had never seen war. Soldiers in Lee's army from Georgia and the Carolinas were affected and wanted to go home, make sure their families were all right, then return to the army. When Sherman hit the coast at Savannah he turned north and caused more destruction in the Carolinas, especially in South Carolina as the North generally believed that state started the war. With the will and logistics of the South under pressure, Grant also had Banks put pressure on Confederate armies in the west, and Butler was supposed to cut the rail line from Petersburg to Richmond, but never did. Previously, Union efforts in the Valley had failed when Union Gen. Franz Sigel lost at New Market on 15 May 1864. Early's Confederates had pushed as far as the outskirts of Washington before being turned back in mid -July. After two more Southern victories in the lower Shenandoah Valley, Grant responded in early August by naming Maj. Gen. Phil Sheridan to command a newly organized force, Middle Military Division, in the Valley. Grant wanted Sheridan to destroy Early's force, eliminate the Valley as a food source and join him in Petersburg to finish off Lee's army. This campaign was an integral part of Grant's overall strategy to destroy the South's will and suppliers, which today would be called a theater of operations. Sheridan pounced on Early's army on 19 September at Winchester. The Battle of Third Winchester, also called Opequon, was the bloodiest of the many battles fought in the Shenandoah Valley during the War. Sheridan had waited until mid -September, then made his move. Early, who had unwisely advanced north and east of Winchester, was outnumbered by Sheridan nearly 3 to 1. On the morning of 19 September 1864, Sheridan sent his infantry west towards Winchester, while Federal cavalry held Early's attention north of town. The Federal advance along the Berryville Pike was slow, giving Early enough time to reassemble his forces closer to Winchester. Early's army of 14,000 fought well and stubbornly, but eventually overwhelming Federal numbers made the difference. At one point, a stunning counter-attack by Major Generals John B. Gordon's and Robert Rodes's divisions, aimed at a gap between the Federal VI and XIX Corps, threatened to turn a Union victory into disaster. Federal reinforcements eventually closed ranks, and when all of Sheridan's 35,000 men were in position, the result was inevitable. The Federals rolled up the Confederate line and drove Early's force through the streets of Winchester. Early's army lost over 4,000 men at Third Winchester, while Sheridan suffered over 5,000 casualties. The Federal victory at Third Winchester effectively sealed the Confederacy's fate in the Valley. Although Early would strike again, exactly one month later at Cedar Creek, Early's depleted army could do little to stop Sheridan, The most severe fighting and casualties occurred in the large land parcel east of I- 81, north of route. 7, west of rte. 656, and south of rte. 661. The Middle Field ranks with some of the most bloody fields of the Civil War, witnessing more than 3,000 casualties. CS general Robert E. Rodes and US general D. A. Russell were both killed within a few hundred yards of the Dinkle Barn site at the entrance to Winchester Mall. Detailed description of the battle. Phase One. Maj. Gen. Philip Sheridan's army advanced from the vicinity of Berryville on the Winchester -Berryville Pike about 0200 hours, 19 September 1864. At earliest light, Brig. Gen. James Wilson's cavalry division crossed the Opequon at Spout Spring and advanced through a defile known as Berryville Canyon. He was followed by the US VI and XIX Corps, and Crook's Corps. At the canyon's mouth the cavalry met the first elements of Maj. Gen. Stephen Ramseur's CS division and drove them back. Johnson's brigade deployed across the pike and held back the Union advance, while the rest of the division came into line to cover the Berryville Pike and Senseny Road farther to the south. The US cavalry launched several mounted and dismounted charges, driving the CS infantry back about 150 yards to the vicinity of the Dinkle Barn. Here Ramseur stiffened his defense with artillery, and the US cavalry withdrew as its infantry began to deploy. Wilson's division moved to cover the US left flank where it remained for the rest of the battle. Phase Two. About 0200 hours Brig. Gen. Wesley Merritt's U.S. cavalry division of three brigades (Custer, Devin, Lowell) advanced toward Seiver's and Locke's fords from the vicinity of Berryville. Brig. Gen. John McCausland's cavalry brigade dismounted behind barricades opposed their crossings. The Reserve brigade (Lowell) pushed across at Seiver's Ford against some opposition. Custer's brigade met heavier resistance at Locke's Ford and made several mounted charges before securing a foothold on the western bank. By 0800 hours both wings were across the creek, but the cavalry did not advance for several hours. About 1030 hours, McCausland's skirmishers withdrew, and Merritt's division moved forward. Waiting for them was Wharton's CS infantry division about a mile west of the fords, deployed across the roads, in woods and behind stone fences. About 1100 hours, the US cavalry began testing the CS defenses with skirmishers and artillery. Custer launched a mounted attack but was repulsed. About noon, Sheridan's main infantry attack had begun, and Wharton's division withdrew to cover the CS left flank on the Valley Pike north of Winchester. Merritt continued forward on Charles Town Road. Custer followed the line of the Winchester & Potomac Railroad. About 1400 hours Merritt's division joined with Averell's cavalry division on the Valley Pike near Stephenson's Depot. Phase Three. In the meantime, the Union infantry had bogged down in the narrow confines of Berryville Canyon, dashing Sheridan's hopes of quickly taking Winchester and defeating the CS army in detail. Maj. Gen. Horatio Wright's VI Corps of three divisions (Getty, Ricketts, Russell) emerged from the canyon in order. Gett 's division deployed south of the pike with its left flank resting on Abrams Creek. Ricketts' division formed north of the pike on Getty's right and extending to Redbud Run. Russell's division was in reserve. The XIX Corps composed of two divisions (Dwight and Grover) did not begin crossing until after 0900 hours and eventually deployed north of the pike into the First Woods, connecting with Ricketts' right. Sheridan established his headquarters near the Berryville Pike, probably south of the road on the Eversole Farm. As the US infantry deployed, the CS batteries opened fire from behind the Dinkle Barn. Union batteries swung into action on both sides of the pike to engage the CS guns. In the meantime, Lt. Gen. Jubal Early concentrated his scattered divisions. Rodes' division, marching from near Stephenson's Depot, deployed to the left and rear of Ramseur's division in the West Woods. Gordon's division extended the line across the Hackwood Farm to Redbud Run. Wharton's infantry and Fitz Lee's cavalry division formed a line across the Valley Pike north of town near Stephenson's Depot. CS batteries deployed on high ground along Baker Lane north and south of the West Woods, and north of Redbud Run. Skirmishing continued along Ramseur's front. Phase Four. At 1140 hours, a US signal gun sounded and Grover's division of four brigades (Birge, Molineux, Sharpe, and Shunk) launched its attack from the First Woods across Middle Field toward the Second Woods behind which Gordon's division waited. CS horse artillery north of Redbud Run played havoc with the flanks of Grover's attacking line. Birge's brigade reached the woods, driving back skirmishers, but then came up against Gordon's main line and were staggered. Sharpe's brigade came up on Birge's left, and the fighting became desperate. The Confederate line broke, falling back across the Hackwood property. Seven CS cannon in the Hackwood Lane fired canister pointblank into the US attackers, throwing them back. Gordon now launched a counterattack with two brigades, driving Birge and Sharpe out of the Second Woods and back across Middle Field. Grover ordered Molineux to advance and plug the gap that had opened between Birge and Sharpe. The firing was so intense Molineux's flanks seemed to "melt away." Shunk's brigade was committed to bolster the wavering Union line, coming in on Molinewes right rear. Shunk closed to within sixty yards of the CS fine in the Second Woods. The two lines delivered pointblank volleys into each other. Gordon again counterattacked, and the Union attack collapsed. The wreckage of Grover's division went streaming back across the Middle Field to the safety of the First Woods. The CS horse battery (Cpt. James Breathed) north of Redbud Run again worked over the retreating division. Every regimental commander in Grover's division was killed or wounded; casualties totaled nearly 1,500. Beals brigade of Dwight's division deployed in the tree line at the east end of the Middle Field and advanced into "that basin of Hell" to stem the retreat. Gordon's men waiting along the tree line of the Second Woods laid down a murderous fire. The Union brigade did not come within 200 yards of the Second Woods before being pinned down. They expended of their ammunition before retreating back to the First Woods. The 114th New York suffered 60 percent casualties (188 of 350 effectives). McMillan's brigade, personally directed by Corps commander Maj. Gen. William Emory, advanced. They reached a shallow ravine about 200 yards from the Second Woods, where two regiments (8th VT and 12th CT) clung on for nearly two hours. By 1300 hours, the main thrust of the XIX Corps attack was over and its ranks decimated. By 1400 hours, firing on this end of the field sputtered out from sheer exhaustion. Phase Five. At 1140 in conjunction with the XIX Corps' advance on the right, Getty's and Ricketts's divisions of the VI Corps launched their attack against Ramseur's line, which was on high ground, stretching from the Dinkle Barn south behind Abrams Creek. Ricketts' division on the right was to guide its attack on the Berryville Pike, which took a sharp jog to the left in front of the Dinkle Barn. As they advanced, a gap widened between the VI Corps and the XIX Corps on the far right. Keifer's and Emerson's brigades ruptured the Confederate center at the Dinkle Barn and moved to capture a battery of artillery in front of the West Woods. Ramseur's left flank now gave way and Confederates began to drift back toward Winchester. Phase Six. Just as Ramseur's left flank gave way under Union pressure, Maj. Gen. Robert E. Rodes brought his division forward from the West Woods. About 1330 hours he launched a devastating counterattack into the gap between the VI and XIX Corps. Battle's Alabama brigade "came out of the woods like a whirlwind," crushing Ricketts's division, which formed the right flank of the VI Corps. About this time, General Rodes was killed by shrapnel. He fell somewhere along the wood line. Union soldiers streamed back along the Berryville Pike, while two US batteries astride the pike tried to slow the CS assault. From his command post on Eversole's Hill, Sheridan and Wright witnessed the disaster. Sheridan immediately committed his reserves to stave off certain defeat; this was David A. Russell's division of three brigades (Campbell, Upton, and Edwards). Campbell advanced his brigade astride the Berryville Pike with Edwards' brigade to his right. General Russell, while directing these maneuvers, fell mortally wounded. The two brigades struck Battle's Alabamians head-on and stopped them, then drove them back to the edge of the West Woods. Upton's brigade came in on Edwards' right advancing from the edge of the Second Woods. The two divisions--Rodes' and Russell's --closed, exchanging murderous volleys. Upton's charge stopped the CS counterattack and drove it back into the West Woods. Russell's division was then withdrawn to regroup. Gen. Wright called Upton's attack the turning point of the battle. Phase Seven. Concurrent with the above events, there was a cavalry fight along the Valley Pike north of Winchester. About 0500 hours a Union cavalry division of William Averell crossed the Opequon near Darkesville and moved to the Valley Pike, steadily pushing back the 23rd Virginia Cavalry, which fought a delaying action. At Bunker Hill the 23d VA were reinforced by the 62nd Virginia mounted infantry. About 1000 hours, Union cavalry attacked Bunker Hill, forcing the CS cavalry to retire. Averell continued, pushing south on the pike to link up with Merritt's division about 1400 hours, near Stephenson's Depot. South of the old Charles Town road, the Confederate cavalry units were stiffened by Smith's infantry brigade (Wharton's Division). About 1330, Devin's brigade arrived on the road to the depot. About one mile south of the depot, it encountered McCausland's CS brigade drawn up in line of battle and attacked, driving the Confederates back in confusion. The 23d VA cavalry and the 62'd VA mounted infantry attacked the Union flank disrupting the charge. McCausland and Smith retired one mile to a lightly entrenched line at near Collier Redoubt where they were reinforced by Fitz Lee's two brigades (Wickham and Payne) and Wharton's infantry division. Maj. Gen. Fitzhugh Lee fell wounded, during the fighting south of Stephenson's Depot. The Union cavalry deployed five brigades in he of battle, stretching from the railroad west toward the ridge near the intersection of the Valley Pike and Welltown Road. Phase Eight. About 1300 hours, Sheridan directed Crook's corps of two divisions (Thoburn and Duval) to advance from its reserve position near Spout Spring. The divisions marched to near the "Factory" on Redbud Run, where they split. Thoburn's division moved west on the south bank of Redbud into the First Woods to relieve the XIX Corps. Duval's division crossed the run and turned west accompanied by the artillery of Capt. Henry DuPont. Duval's division deployed near the Huntsberry House. DuPont unlimbered 18 guns on what is now DuPont Hill, opposite Gordon's flank in the Second Woods and opened fire. Crook ordered Duval's division forward into a "wall of flame." They swept across Redbud Run at the Hackwood House, turned Gordon's flank and advanced against Wharton's line, stretching from Collier Redoubt east. About this time, Thobum's division charged out of the First Woods into the Middle Field. This two - pronged assault forced Gordon to abandon the Second Woods and align himself with Breckimidge's units to his left rear. The CS line was now drawn into a compact L-shape, anchored by cavalry at Star Fort. Wharton's division faced north. Gordon's division made the turn of the L and Rodes' and Ramseur's divisions extended the line south to Abrams Creek. Phase Nine. With the success of Crook's attack on the right, Sheridan ordered a general advance against the CS position on the plateau just north and east of the town. The Confederates were behind stone fences, rail barricades, and in shallow earthworks. They could retreat no farther without losing organization in the streets of Winchester. As the Union advance closed from east and north, firing became fierce. The artillery of both sides fired case shot and canister. About 1530 hours, as the infantry fighting reached a crescendo, Averell and Merritt advanced their cavalry divisions astride the Valley Pike, first at a walk and then at a thundering gallop. They swept over the CS line at Collier Redoubt driving back the CS cavalry on the low ground below Star Fort. Schoonmaker's brigade of Averell's division repeatedly attacked Munford's cavalry at Star Fort, eventually overrunning the work. The CS infantry withdrew to another line about 150 yards to the rear but the damage had been done. The sound of Union cavalry pounding behind them spread panic along the Confederate line, and soldiers began streaming to the rear and "whirling through Winchester." Wharton's and Gordon's divisions seemed to disintegrate. Rodes's division, now commanded by Grimes) performed the difficult maneuver of "changing front" to the north to stop the onrushing US cavalry. Early's army retreated in disorder. Phase Ten. General Early fashioned a defensive line at Kemstown (probably at Pritchard's Hill and behind Hoge's Run) which saved his wagons and most of his artillery. Cavalry and elements of the VI Corps probed this new CS defense as night fell, but the US forces were disorganized by success, and could not mount a pursuit. After dark, the CS army withdrew up the Valley Pike to Fisher's Hill south of Strasburg. Gen. Sheridan established his headquarters in Winchester at the home of Lloyd Logan. Casualties were so severe nearly every sizeable structure in Winchester served as a hospital. This 222 acre property, marked by gentle, rolling hills and woods, is one of the few remaining vestiges of the battlefield. During the battle, heavy fighting occurred on the site, as John B. Gordon's Confederates drove a wedge between the Federal = and VI Corps, temporarily stymieing the Union advance. Gordon's division drove through part of this property and Federal counter-attacks moved across this ground shortly thereafter. Gentle rolling hills and wood lots are a feature of this site, and except for the proximity of Interstate 81, one can imagine the events of 19 September 1864. It is one of the few pieces of the Third Winchester battlefield which still remains. Many historic structures remain in the vicinity, including Hackwood; Spout Spring (Wood House) on route. 7 adjacent to a sewage treatment plant; an old house, mill site, and a dye house where route 656 crosses Redbud Run; an old log house where route 659 crosses Redbud Run; Brumley House; Valley Mill Farm; Jordan Springs; and Tanquary House. The Hackwood Estate dates from 1777, a historic treasure in its own right. Other parcels, such as the Opequon Crossing and Spout Spring, Seiver's and Locke's fords, and the Second Winchester parcel at Stephenson's Depot (which was scene of cavalry actions during this battle) would expand interpretation. Star Fort and Collier Redoubt appear protected. Although hemmed in by development and severely degraded, the Dinkle Barn site adjacent to the I-81 entrance ramp off route 7 is key to understanding the attack of the VI Corps and Rodes' counterattack. A portion of the ravine down which Rodes attacked is intact northeast of I-81 interchange in front of the Dinkle Barn site at the entrance of Winchester Mall. The Hastings marker is the only monument erected on the battlefield that remains. It is enclosed by an iron fence next to the road in the midst of Fort Collier Business/Industrial Park east of Collier Redoubt. Nearby are the remains of old stone fences and an old farm lane defended by CS troops in the battle's later phases. COUNTY of FREDERICK Department of Planning & 107 North Kent Street Winchester, Virginia 22601 rn --t `^^) z o o rnZ � — O IV ►� rn rn m *1 1/N* NiNES,Fe p�N GHE�T 1026'02 �a 55 - A- - 90- COMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218.0067 US. POSTAGE }, 00,137 • H METER 700:,02 t��{�l,tl,(,I(„1t�,�„�11�1�t�tt,�Et1���11-„�1�1,►l�1,��1t��1 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 110'1'Ir"ICr\1'1011 OF PU11, IC rIE:AR11 IG September 25, 2002 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN (MeTiernan Property) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 9, 2002, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sinc ly, 4 Eri 5' L , ree Planning irector ERL/cih O \Agcndm\Adjoincr Ltrs\2002\Ruonmgs\Rcd Bud Run w1xl 107 North Kent Street • Winchester, Virginia 22601-5000 N 0 2 4 Miles New Stucture Density 1996 - 2000 Frederick County i IIs� z� iL ai$ h*Awy Set mauty is 1"6 - 2996 Now ftnctex Bad 09.1t 0 is-21 =n-27 55-64 r - �a 73 7s 83 , Source FrederickCount� Planning Figure 1-1 RED BUD RUN gilbert w. clifford & associates, inc. Engineers Lund Planners Water Quality STRUCTURE DENSITY MAP 1 t7 E. Picadilly St. Winchester. Virginia 22601 COUNI'Y OF FREDERICK, VIRGINIA Voice 540-1.G7-2139 Fax: 540-665-0493 Email: gwchIT+u mnsinc.com PIU%01� , AWE Lt H'02' RED BUD RUN Conforms with Comprehensive Plan Growth Alternate to Rural Areas Proximate to Schools Improved Regional Transportation Mitigates Fiscal Impact Stream Preservation -Open Space -Park Density Reduction- 20 % (1.9 vs 2.3) Sensitive Environmental Design Stormwater Management-BMP Rte 7 Historic Buffer Historic/Open Space Monetary Proffer High Value Homes RED BUD RUN VICINITY MAP ('()(IN-1 Y ()I-'FRI-'I)I:Rl('K. VIRU NIA Figure 2 gilbert %'. clifford & associates, inc. Engimvis Land I'lannLr% Water (lLwljtv 117 F. Neadilly St. Winchester. Virginia 22601 Voice: 540-667-2139 F&x. 54(W)5-0493 Fmail pvchIT'dirinsinc.com c TM55 Parcel 105 TM55 Parcel 107A PJ & DG McTiernon 2 Acres school Entrance Frederick Co Sem Oda Engreers Land Planners Water Quality U ell At IJ 4b 1 �.i,, -� � �� � .. �2• � _ten+' +� � , yi' ."S�`f 1 � '.,` pg may✓ �fy ,,ICY VVt+.may ,• y.{`a"�, , ,. " ,h rp TV Location Map V V S1Pcpw Ar wood �.. s Mari Road R}e 66p OD �O a� Qo Rlu�Ridge a�. 1, l� r. Poor Heights J 9� �.- 90� Rt MWi R Ess SChOds Fngneers l and Plamers Water Ouafty 1 II ice; -- ROADWAY CONNECTION TO SCHOOLS PAd -Y � � - f • 1 �� _�' Schools - _ IMPROVED WOODS f1. f i •''� a 1 � MILL ROAD -_ Project Site ' �J�" •�• '�.r '�� 'j. -_-' •_. ,� ~ter•~��- .I •. �• •. IMPROVED J- MHP •�,��••r INTERSECTION ' WWTP RED BUD RUN PROPOSED AREA TRANSPORTATION PLAN COUNTY OF FR1:I)ERICK. VIRGINIA Figure f gilbert w. Clifford & associates, inc. Engineers I..md Planners Water Qwlity 117 E. T'ica filly tit. Winchester, Virginia 22601 Voice 540-&)7-2139 Fax: 540-665-0493 linwil g"chit a mnsinc corm IM ell for P6 All, gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 26 July 2002 Beard of Directors: Mr. John Riley Freaiderre Thomas J ('Took. P 1: Frederick County Administrator Ce'ics FioxJr P f. 107 N. Kent Street Earl R. S-haiand P E. Winchester, Virginia 22601 Ronald A h&slo%%skv. P E. Deed J Saunders, P.F. Directors: RE: Red Bud Run Rezoning Petition William iclinely Wright Thomas W Price Dear John, We continue to discuss minor details of our rezoning petition with review agencies such as VDOT and the Shenandoah Valley Battlefield Foundation. We expect to revise our proffer these discussions according to the comments. For this reason we respectfully request that our rezoning petition be delayed from public hearing before the Board until your meeting on October 9, 2002. As we have represented in previous hearings, it is the owners desire for the Red Bud Run project to be a model of cooperation between the development community, local government and the people of Frederick County. Additional time will allow us to ensure that the relevant issues will be properly represented to the Board at their public hearing. Sincerely, gilbert w. clifford & associatgs, inc. Maddox, Jr., P.E.,'/' i' a President CEM/kf cc: Mr. Eric Lawrence Mr. Pat McTiernan Mr. Tom McTiernan JUL 2 200� 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Co amlling Fxgineers Council gilbert w. Clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 9 September 2002 Board of Directors: Mr. John Riley + Thomas J. O'Toole, P.E. Frederick County Administrator vice Pte.wents: 107 N. Kent Street Charles E. Maddox, Jr., P.E. Winchester, Virginia 22601 Earl R Swheriand, P.E. Ronald A. Mulow*y, P.E. Da%id J. Satmders, P.E. RE: Red Bud Run Directors: McTiernan Property Rezoning William L. Wright Michael A. Hammer Thomas W. Price Dear John, We are pleased to provide the County Board of Supervisors with supplemental information for the Public Hearing on October 9, 2002. In the additional time required prior to this hearing we have been able to fine tune the transportation proffer and hereby attach the revised comment sheet from VDOT which approves our concept and approach. Also, you will find an additional cash proffer which we feel shows a substantial owner commitment to historic and open space planning in Frederick County. This funding will come at a time when additional resources are needed in local government and we are happy to be a partner in this effort The proposal you now have before you is well constructed to mitigate the issues identified and to implement your comprehensive planning in the Route 7 east corridor. We look forward to discussion of the proposal with the Board. Sincerely yours, Gilbert is. Clifford &Vassofates, inc. C. E. Maddox, Jr., P.E.esident CENW Enclosure cc: Mr. Eric Lawrence, Planning Director Mr. Jay Cook, County Attorney , Mr. Chuck DeHaven, Chairman, Planning Commission R EU t k o " D Mr. Richard Shickle, Chairman, Board of Supervisors Mr. W. Harrington Smith, Shawnee District S E P 09 100! Mrs. Margaret Douglas, Back Creek District Mr. Sidney Reyes, Gainesboro District Mr. Robert Sager, Opequon District Mrs. Lynda Tyler, Stonewall District Ms. Gina Forrester, Red Bud District 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Member American Consulting Engineers Council REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District RED BUD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 9 for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $6,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $117.00 for Sheriff's Office and $241.00 for Administration Building. A portion of the above -described property exists within the core battlefield area of the Third Battle of Winchester as delineated by the National Park Service. A portion of the site also possesses a sensitive linear environmental area surrounding Red Bud Run. The site is not a government priority for acquisition as a part of the Battlefield Park. There is a priority identified to protect the view shed along Berryville Canyon (Va Rte 7), and this has been acknowledged and mitigated in (8) below. Also, a plan to set aside and protect the sensitive environmental areas along Red Bud Run has been proffered. Frederick County together with the Shenandoah Valley Battlefields Foundation has also reached agreement on funding of historic preservation and for the installation of historic trails and other improvements. The owners have discussed this program with County Supervisors and are moved to voluntarily assist in this continuing capital investment program. For these reasons the Property Owner hereby proffers to pay to Frederick County at the time of building permit the sum of $1000.00 per lot as an unrestricted gift for Historic and Open Space Preservation. It is specified that these funds may be used for either or both Historic Battlefield Preservation and Open Space Preservation. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. (Revision 9/5/02) Page 1 of 4 REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: (See 2 on Proffer Plan) • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. • Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. Enter into a signalization agreement with VDOT regarding the new intersection. 3. A series of interconnecting roads shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the event improvements for sight distance are required for the street connection on Morgans Mill Road this work shall be performed by the property owner. 4. All lot and tertiary road system access to be directly on the internal street system. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel shall be held and preserved in ownership by the owner until an appropriate open space plan is approved by the Board of Supervisors at which time the land and/or rights shall be transferred to the approved management agency. 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. 8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan). (Revision 9/5/02) Page 2 of 4 REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run 9. A viewshed protection plan shall be prepared in concert with the County Planning staff for frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road or VA Route 7. (See 9 on Proffer Plan). 10. The property owner shall, if directed by the Board of Supervisors, obscure the median crossovers at the Morgans Mill Road intersection with VA Route 7 and shall construct a right turn lane on westbound Route 7 into Morgans Mill Road. All work shall be in accord with permits issued by VDOT. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Be CjPtkA.iernan Thomas M. McTiernan Date: `/ / � � 2 Date: 9) S / 0 Z STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrut e t was ackno ledge before me this 51/� day of 2002, by -riC . +ThGMQ:1 , e �, cif nor-, My commission expires af t 5 Notary Public _ (Revision 9/5/02) Page 3 of 4 ;K1w VM 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART "bock OF REZONING TM55 Parcel 107A PJ & DG McTiernan 2 Acres 4p' _j 522 91� 5 Pa r ---------- 7 fitp 0 w eon MH ---------- t %. ------ Ichool 41, /.Entrondc, .-EllSderici-6, t oP Total Land* for - ;-: - ------ -- ------------- Rezoning - 157-01 Ac. Red Bud Run gilbert w. clifford * GSS060tes, inc. O PROFFERED PLAN 11910� • L&-W PWram WWw Oudly 117 E Pbogy SL WodmW. *00 22601 ISIOM)ML "4&SIDUL LVS71aCT fROD?ICK COUNTY WGN14 YOKE: (540) 057-2139 FAX: (540) 665-M UA- 9NMOM"vir-com COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 itu JUL 0' '.- T, OF PL4NNNG r) I i METE-;` 7 55 - A- - 102- LOY, CLARKE & ANNA MARIE BEACH 2372 BERRYVILLE PIKE winirUrCTCD 11A LOY-3 7�If"i 35 RETURN 76 SENDER NO FORWARD ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER gilbert w. clifford & associates, inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: bnvearatn Cdearthlinknet To: Frederick County PI 107 N. Kent Street Winchester, VA 22601 1 We are sending you aHand Delivered Shop Drawings F]Copy of Letter x❑ Attached Change Order Prints Plats LETTER OF TRANSMITTAL Present Date Job No. 6/ 18/02 Attention: Eric Lawrence Re: Red Bud Run Rezoning Under Separate via Samples 0 Plans Copies Date Description I Draft Letter l Draft Responses to Staff and VDOT Comments I Draft Proffer Statement (Revised) aAre Transmitted aFor Approval 0 For Your Use As Requested Ex-1 For Review or Comment For Bids Due Remarks Copy To: Approved/Submitted E]Approved/As Noted 0 Return/Correcrions 2002 the following items Specifications ❑ Other 0 Resubmit for Approval Submit for Distribution 0 Returned Corrected Prints Loan Print/Retum Return/with Signatures Signed C. E. Maddox, Jr., P.E., VP JON �), U1, f'(./,�,�'d' _ �,'�r 1,(�i�iilta,1 Rev 3.0 3/10/97 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners — Water Quality 17 June 2002 Mr. Eric Lawrence, Planning Director Frederick County 107 N. Kent Street Winchester, Virginia 22601 R�: Rezoning #05-02 Red Bud Run Dear Eric, DRAFT Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr.. P.E. Earl R. Sutherland, RE'. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price: Please accept the attached responses to the staff and VDOT comments referenced. Also, you will find a revised proffer statement which implements the mitigation measures offered in response to the concerns. I believe these adequately address the outstanding issues and would be pleased to have you forward these to the Commission members in preparation for the July I public hearing. The purpose of our Comprehensive Plan and proffer system is to implement inevitable growth of our county in an orderly, safe and manageable manner. I believe this proposal additionally snakes conditions better for existing and future residents. For this reason, the property owners are requesting approval of their rezoning. Sincerely yours, gilbert w. clifford & associates, inc. C. E. Maddox, Jr., P.E., Vice President CEM/kf Enclosure cc: Mr. Howard Kittell, SVB Foundation Mr. Steve Melnikoff, Virginia Department of Transportation Mr. Al Orndorf, Frederick County Schools JUN t1U Mr. Tom McTiernan Mr. Pat McTiernan 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 46 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net A4cmber American Consnl/!ng A'ngineers Cotmicil Rezoning #05-02, Red Bud Run DRAFT Reply to Comments by Owner JUN ,11� June 14, 2002 The following information is furnished in reply to staff comments of May 23, 2002 and VDOT comments of June 10, 2002. PC Staff Comment 1) The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. 1'he applicant has secured agreement with Mr. Howard Kittell of the Aenandoah Valley Battlefields foundation to jointly conduct a viewshed study from eastbound and westbound Vfl Route 7 and incorporate appropriate mitigation by way of'buffers as a part of the (1/Iaster Planning process. A proffer to this affect has been added as Proffer 8. 2) The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. The open space plan (Figure 17) .shows adequate land for the referenced buffer and .screens. Appropriate features for visual mitigation along these roadways will be displayed at the time of Master Plan approach. Only public road entrances will be allowed onto Woods Mill and Morgans ivlill Road A proffer to these affects has been added as Proffer 9. 3) Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. The property owner will maintain ownership of the 28.4 acre parcel until an open space and implementation plan is prepared by others and approved by the Board of Supervisors at which time ownership and'or rights of use shall be transferred to the appropriate and approved preservation organisation. Proffer 5 has been revised to reflect this addition. 4) The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de- sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. The current Traffic Impact Analys-is and proffer adch'ess the cross roads and improvements on Woods Hill Road Future actions on Morgans Mill Road are in the power of the Board of Supervisors and VDOI' to decide after public hearings. 77ne engineer's suggestion i.5' that one of two improvements are possible as a result of proffers by the Red Bud Run project. Isither dead ending Morgans rUlill Road by cul-de-sac or closing the Route 7 crossover allowing a right in right out access only at Route 7. A proffer has been added which will allow either of these improvements to be penforine'd by the applicant pending action by VDOT and the Board of Supervisors. The proffer also indicates the minor collector road will be gated at Morgans Mill Road if directed by Board of Supervisors and VD07: Also, adjustments to Morgans Hill Road to provide adequate .sight distance at the intersection Of the minor collector have been proffered gilbert w. clifford and associates, inc Page 2 5) The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. The 14ewshed preset"vation 1s assured by one (1) above. If is nol u good idea to provide f n- loul•ist Slops along westbound Route 7 since if will pi-esent publie saf ty issue's. Reasonable requests fJl' inter/)retrve sites will be considered as a purl of 1Lluster 111cin approval. VDOT Comment • Enter into a signalization agreement for the intersection of the minor collector roadway and Route 660, Woods Mill Road. Proffer 2 has been revised accordingly. • VDOT requests consideration of eliminating private entrance access directly from the subdivision to Rout 656, 660 and the proposed minor collector roadway. Should the connection to Route 7, from Route 656 be severed or the Route 7 crossover be eliminated at this location, traffic will be routed onto the new minor collector roadway, increasing the chances for potential conflict between private access driveways and passing motorists. Proffer 9 restricts private driveway access to Route 656, Route 660 and Route 7. To accommodate concenis on the minor collector roadYVay the properly owner' offel's to require common driveway ent1'ances for lots entering on the minor collector'. This will reduce the number of cb'1veway cuts by approximatell> 50%. (�ornel. lots with the mino1' colleclo!' will enter on the side sli*eel. (.See Pl'offLr 11). • The severing of Rout 656, Morgans Mill Road, and creating a cul-de-sac will direct south bound Route 656 traffic to the improved Route 660/Route 7 intersection by way of the minor collector may have merit. However, the closure of this roadway will require a VDOT generated public hearing. • The closure of the Route 7 crossover and ramps may also have merit. • These traffic recommendations may deserve consideration. However, consideration must be given to who will finance these changes. Will these modifications be financed by the developer? Frederick County? • The construction of a commercial entrance to school property may only be allowed with approval by Frederick County Public Schools and VDOT. This entrance will require obtaining adequate sight distance along with complete engineering plans approved through the Edinburg Residency Office and the issuance of appropriate Land Use Permit. The applicant has agreed to these concerns by provision ofadditional proffers•. DRAFT REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District RED BUD RUN Preliminary Matters Pursuant to Section 15.2-2296 et. Seca., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 8 for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $1 17.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single family dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: (See 2 on Proffer Plan) • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. • Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. Enter into a signalization agreement with VDOT regarding the new intersection. (Revision 6/17/02) REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run A minor collector roadway shall be constructed in Phase 1 of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the event improvements for sight distance are required for the minor collector/school intersection on Morgans Mill Road this work shall be performed by the property owner. 4. All lot and tertiary road system access to be directly on the minor collector roadway. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel shall be field and preserved in ownership by the owner until an appropriate open space plan is approved by the Board of Supervisors at which time the land and/or rights shall be transferred to the approved management agency. 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control existing under Virginia law. 8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan). 9. A viewshed protection plan shall be prepared in concert with the County Planning staff for frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road or VA Route 7. (See 9 on Proffer Plan). 10. A cul-de-sac on Morgans Mill Road shall be constructed by the property owner if directed by the Board of Supervisors. This work shall include providing lands from the project if necessary for rights of way. The property owner shall also, if directed by the Board of Supervisors, obscure the median crossovers at the Morgans Mill Road intersection with VA Route 7. All work shall be in accord with permits issued by VDOT. 11. Private lot entrances on the minor collector road (3 above) shall be combined such that two lots shall access the roadway from a common driveway entrance. Corner lots shall access the side street. (Revision 6/17/02) REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: By: Patrick A. McTicman Thomas M. McTiernan Date: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before: me this 2002, by My commission expires Notary Public (Revision 6/17/02) day of PARCEL NOT A OF REZONING TM55 Parcel 107A PJ & DG McTiernan, 2 Acres 1.33 ACRES TM55 Parcel 105 PART MCI -- Al ----------- Bil Rid X MHY J < N" r 1211.5'22,)V,A TM,65 v\ 'v Hei f7ts, 119" A "I b 'p --------------------- ------ — --- Y E ederick-�t.. -,Schp(Qls ------- ------uo - Total Lands for op ------ ----------- -- Rezoning = 157.01 Ac. Red Bud Run gilbert w. clifford * associates, inc. \\\j PROFFERED PLAN Fxzineers Land Planners Water Quality O 117 E. Picodilly St. Winchester, Virginia 22601 1STONEWALL AIAGISrf-RIAL DISTRICT FREDERICK COUNTY, VIRGINIA VOICE (540) 667-2139 FAX: (540) 665-0493 EML qwcriffftrisinc.com rI toy 155ACHES, .1tine 7, 2002 REZONING APPLICATION #05-02 RED BUD RUN Staff Report for the Planning Commission Prepared: May 23, 2002 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 staking a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/05/02 Pending Board of Supervisors: 07/10/02 Pending PROPOSAL: To rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. LOCATION: This property is located directly between Red Bud Road and Route 7. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-105, 106 and 107 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant, undeveloped and single-family dwelling ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential, Church, and Vacant South: Zoned RA (Rural Areas) District Use: Residential Zoned MH1 (Mobile Home Community) Use: Residential Zoned B 1 (Neighborhood Business) Use: Business East: Zoned RA (Rural Areas) District Use: Residential West: Zoned RA (Rural Areas) District Use: Residential and Public Schools PROPOSED USE: 300 single-family residential dwellings. REZ #05-02, Red Bud Run Page 2 May 23, 2002 PROPOSED USE: 300 single-family residential dwellings. REVIEW EVALUATIONS: Virginia Dept of Transportation: See attached a -mails froin Steve Melnikoff dated 10123101 and 03108102. Fire Marshal: Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "No Parking Fire Lane" markings and signagc shall be provided at all fire hydrants. Fire hydrants shall be set at three feet from curb and spacing shall allow coverage to within 300 feet of all single-family dwelling units. A loop in the water supply system, whether connected to the FCPS site or separate connection to Rt. 7 will greatly enhance !'ire suppression activities. Plan approval recommended. Greenwood Volunteer Fire & Rescue: Change to Greenwood Fire & Rescue Co. in place of all Fire & Rescue comments (o.k.'d since written). With the current capabilities of Ash Hollow Run, what will be done to prevent flow to this creek causing backup due to excessive water flows? Sanitation Authority: The conceptual plan for providing water and sewer service to the proposed property is acceptable. County Engineer: This was an outstanding application. I particularly appreciated the offer to create the environmental easement and construct BMP facilities throughout the development. The latter proffer goes above and beyond our current stormwater requirements. Parks & Recreation: This rezoning application includes a proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Frederick Co. Public Schools: Please see attached letterfront Al Orndorff, Administrative Assistant to the Superintendent, dated 2104102. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 2121102. County Attorney: Once signed by owner, proffers appear to be in proper form. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as A-2 (Agricultural General) REZ #05-02, Red Bud Run Page 3 May 23, 2002 District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. 2) Location The three parcels which comprise the proposed rezoning are located on the north side of Berryville Pike (Route 7); and south of Red Bud Road (Route 661). Woods Mill Road (Route 660) bisects the subject site. Berryville Pike is classified as a major arterial roadway; Woods Mill Road a minor collector roadway. The 157-acre subject site is located in an area that is rural in nature. Adjoining properties include tracts that are utilized for agricultural purposes, as well as large lot residential. The Red Bud Elementary School and the Millbrook High School property is located immediately west of the subject site. 3) Comprehensive Policy Plan The parcels are within the county's Urban Development Area (UDA), and are partially included in the Route 7 East Corridor Land Use Plan. The Route 7 East Corridor plan was initially adopted by the Board of Supervisors in 1994, and is a component of the County's Comprehensive Policy Plan. The Route 7 East Corridor plan does not address any specific future land use for the subject properties. The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The subject properties were bisected by the Urban Development Area (UDA) prior to December 2001. At the Board of Supervisors' meeting on December 12, 2001, the Board approved a request to include the subject properties, in their entirety, within the UDA. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as steep slopes, woodlands, and floodplain. The steep slopes are generally located on the northern and southern extremes of the subject $ite. The floodplain area is located along Red Bud Run which travels through the northern section of the site. The site exists within the Martinsburg shale geologic area of the County, similar to most development within the UDA. The general site development plan calls for the establishment of a conservation area to acconurrodate the northern portion of the site's steep slopes and floodplain. Future ownership____ of this conservation area is not clear. The 157-acre site has road frontage along Berryville Pike (Route 7), Woods Mill Road (Route 660), and Morgans Mill Road (Route 661), which are all within the Virginia Department of Transportation system of roads. The Zoning Ordinance prohibits direct access for individual REZ #05-02, Red Bud Run Page 4 May 23, 2002 residential lots onto roads classified as arterial or collector (Berryville Pike and Woods Mill Road, respectively). By policy, the parcel is entitled to be served by public water and sewer. The Frederick County Sanitation Authority has indicated that adequate capacities exist to serve the development proposal for this parcel. 4) Intended Use The applicant proposes the establishment of a residential development. The submitted proffer statement offers to limit the development to 300 single-family lots. (Approximately 1.9 dwellings per acre). 5) Potential Impacts a) Transportation LnpactAnalis Statement Information provided within the applicant's Impact Analysis Statement advises that traffic generation from thel57 acres requested to be rezoned will produce 3,000 ADT on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation Report, 6" Edition, Classification 210 - Single-family Detached. Current traffic counts on Berryville Pike at Woods Mill Road are 9,928 (westbound lane) and 12,243 (eastbound lane) vehicle trips per day. The applicant has provided information indicating that Woods Mill Road has a ADT of 2,340. The applicant has proposed an extensive road improvements plan to accommodate the proposed trip generation resulting from the development. This plan includes improvements to Woods Mill Road and Berryville Pike intersection, as well as the establislurrent of a collector roadway to link Woods Mill Road with the school property to the west. The Impact Analysis Statement refers to the applicant's Proffer Statement to indicate what improvements will occur with the development. Review Aizencv Cornrnent The Virginia Department of Transportation (VDOT) has reviewed the applicant's transportation improvement plan. The VDOT comment dated October 23, 2001 acknowledges the applicant's concept plan for road improvements. The VDOT comment dated March 8, 2002 acknowledges -----the revised proffer statement and suggests minor clarifications to the proffer statement. As of May ___ 23, 2002, those requested revisions have not been addressed. PlanninzStaff Comment The Traffic Impact Analysis dated May 1, 2002 provides an accurate depiction of the current REZ #05-02, Red Bud Run Page 5 May 23, 2002 traffic information for the impacted roadways immediately southwest of the site. The study also provides the current and projected Level of Service (LOS) information for the impacted roadways. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual weekday traffic (AAWDT) counts for Berryville Pike from the City of Winchester line to the Clarke County line was 24,000 trips. The applicant has estimated that the build -out of this acreage would generate 3,000 ADT, and approximately 89 percent of these vehicles would use Berryville Pike. Therefore, it appears the rezoning request would add 2,670 trips to Berryville Pike; an increase of approximately 11 percent. Based on information provided in the Traffic Impact Analysis, Woods Mill Road has a ADT of 2,340. The applicant further indicates that 70 percent of the traffic generated from the development would access Woods Mill Road, one percent traveling north, and 69 percent traveling south. Utilizing these assumptions, the proposed development would introduce 2,100 vehicles per day onto Woods Mill Road. This projection almost doubles the traffic on Woods Mill Road, although it is fair to assume that most of the traffic would travel south on Woods Mill Road, in the areas which the applicant has proffered road improvements. The applicant, through the proffer statement, has proffered to provide road improvements to Woods Mill Road and Berryville Pike, construct a new east -west collector road on the site. As of May 23, 2002, VDOT has not reviewed nor commented on the applicant's Traffic Impact Analysis. b) Historic Resources: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would preserve a portion of the site of historic Woods Mill and Mill Race. The analysis further acknowledges that the National Park Service (NPS) has designated a portion of the subject site as a core battlefield. To mitigate impacts on the effects of historical interpretation of the battles, an open space plan has been prepared. This open space plan will provide an environmental and historical preservation corridor along Red Bud Rim and along Berryville Pike. The analysis states that approximately 33.1 percent of the site will be preserved. The applicant has provided documentation, compiled by Lynn L. Sims, indicating that while the subject site may be considered a portion of the Third Battle of Winchester, no actual fighting occurred on the properties. Review Azency Comment The Frederick County Historic Resources Advisory Board (HRAB) comments, dated February 21, 2002, expresses concern for the loss of historic core battlefields. Specifically, the HRAB has REZ 905-02, Red Bud Run Page 6 May 23, 2002 concerns about loss of viewsheds of the battlefield, the housing density of the proposed development, and its impacts on possible battlefield network connections to Stephenson's Depot. The HRAB does not support this request. Planiaing Staff Comment The subject properties are located within the limits of the Third Winchester (Opegoun) Battlefield core area, as delineated by the National Park Services' (NPS) Study of Civil War Sites in the Shenandoah Valley. Therefore, the HRAB has expressed concern for the loss of historic battlefields and the aesthetic qualities of the rural community in which these parcels are located. The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. c) Water and Sewer: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would generate approximately 60,000 gpd of sewage, based on the Frederick County Sanitation Authority (FCSA) average of 200 gpd per residential unit. An offsite sewer system would be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. An existing 8" sewer line, which has a capacity of 340 gpm and is less than 100 gpm flow at present, will be utilized to convey the sewage to the Opequon Regional Wastewater Treatment Plant. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate sei vice from being provided to the project by the FCSA. An existing water main located south of Route 7 would be utilized to serve the project. A water loop would be established through the site to the school site located to the west. Review AZency Comment The Frederick County Sanitation Authority (FCSA) comment, dated February 6, 2002, states that sufficient water and sewer capacity exist to serve the demands of the rezoning. d) Community Facilities Public Schools The proposed residential development would increase student enrollment capacities, thus impacting Red Bud Elementary School; James Wood Middle School; and Millbrook High REZ #05-02, Red Bud Run Page 7 May 23, 2002 School. The Frederick County Public School Administration (PSA) comment states that this development could yield 150 new students. Furthermore, the PSA identifies that the school facilities within this area of the county are nearing maximum design capacities. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the fixture construction of new school facilities to accommodate increased school enrollment. The PSA does support the proposal to construct a minor collector road joining the school property with Woods Mill Road. The County's Capital Facilities Impact Model projects a negative impact on the school system of $7,162 per lot. The applicant has proffered a monetary.contribution of $3,581.00 per lot to mitigate the impacts to the school system; this contribution is consistent with the County's policy expectation of 50 percent. Parks and Recreation The Department of Parks and Recreation comment identifies that the monetary proffers received from new residential projects do not allow their department to keep pace with the recreational demands of the county residents, especially as many of the people moving to our community will be requesting the level of leisure services for which the have become accustomed. The County's Capital Facilities Impact Model projects a negative impact on the parks and recreation system of $1,195 per lot. The applicant has proffered a monetary contribution of $598.00 per lot to mitigate the impacts to the parks and recreation system; this contribution is consistent with the County's policy expectation of 50 percent. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • Monetary contribution of $5,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. • Establish a stream preservation parcel of 28.4 acres along Red Bud Run. • Prohibit the construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. REZ #05-02, Red Bud Run Page 8 May 23, 2002 STAFF CONCLUSIONS FOR 06/OS/OZ PLANNING COMMISSION MEETING: The 157-acre site proposed for residential land use is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The 157-acre site has significant frontage along three state -maintained roads and can be served with public water and sewer with adequate capacities. The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this residential rezoning proposal. The proffered conditions include a monetary offer to offset costs associated with the capital facilities needs of various county service providers, the offer to limit the number of residential units to 300 single-family lots, and the offer to improve the intersection of Berryville Pike and Woods Mill Road. As of May 23, 2002, VDOT has not reviewed nor commented on the applicant's Traffic Impact Analysis. Accordingly, staff encourages the Commission to consider tabling this application until a complete review and comment is provided by the Virginia Department of Transportation. Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding this proposal: 1) The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. 2) The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. 3) Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. 4) The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de-sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. 5) The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. 0AAgcndm\CON1NiENTS\RULONING\SIaff Rc1)ort\2002\Rcd Bud Run.mpd Chuck Maddox From: "Funkhouser, Rhonda" <RFunkhouser@VDOT.STATE.VA.US> To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E- mail)" <gwcliff@mnsinc.com> Cc: Diamond, Jim <JDiamond@vdot.state. va.us>; "Downs, Kelly" <KDowns@vdot.state.va.us>; "Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry" < BSweitzer@VDOT. STATE. VA. US> Sent: Tuesday, October 23, 2001 2:42 PM Subject: Red Bud Run Residential Subdivision Virginia Department of Transportation Edinburg Residency October 23, 2001 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Red Bud Run Residential Subdivision Route 7 Road Improvement Plan (Concept) Route 7, Berryville Pike @ Route 660, Woodsmill Road Frederick County Dear Chuck: A VDOT review has been completed on the Concept Plan dated March 28, 2001 for the referenced project. The proposed roadway improvement is associated with the development of the subject subdivision at the referenced location. Existing Route 7 at this location is a divided primary highway with two traffic lanes in each direction. Horizontal distance between (median area) the two roadway center line is 130' parallel and the grade (elevation) separation of the lanes is approximately 29' at the Route 660 "T" intersection crossover. The purpose of this concept plan would be to improve this existing intersection to provide adequate safe movement of the additional volumes of traffic generated by the proposed Red Bud Run Residential Subdivision. Build out traffic volumes are anticipated to warrant "modifications" of the existing signal hardware. The proposed Concept Plan is acceptable to this office. However, the transition from Concept to Preliminary Design should be made in a manner which includes sufficient survey and preliminary design data for review by VDOT personnel to satisfy standards and safety concerns surrounding the site conditions. A prerequisite to design (including preliminary design) should be to test bore the soil condition to determine suitability of soil for supporting Route 7 WBL stability, especially if ramp widening, relocation 10/23/2001 1 Qb'%, L. V1 L creates any undercutting of existing roadway. The respective gradient on proposed exit and entrance ramps from and to EBL Route 7 should be developed to the least percent practical for the condition. Recommend flatter gradient than proposed on the Concept Plan. Your office should proceed with development of a Preliminary Design Plan under guidelines herein and in consort with FHWA and VDOT design standards. We will be happy to review a preliminary plan in order to affect an acceptable traffic movement intersection at this location whenever a plan should be submitted. If there are any questions, please do not hesitate to call. Barry J. Sweitzer Trans. Roadway Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) 10/23/2001 From: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> To: 'Eric Lawrence' <elawrenc@co.frederick.va.us> �c: Melnikoff, Steve<Steve.Melnikoff@VirginiaDOT.org> ~-date: Friday, March 08, 2002 12:09 PM Subject: Rezoning Comments - Redbud Run Subdivision VDOT requests the Transportation Comments of McTierman Rezoning Request as indicated in Section V Proffer Statement be modified as follows: General Development Plan 2. Modify, alter or reconstruct Route 7 east bound lane left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/ Route 660 crossover. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. The west bound lane Route 7/Route 660 intersection is to be signalized in conjunction with the intersection improvements, Route 660, Woods Mill Road, is to be upgraded to include full width lanes, left and right turn lanes and associated tapers across the parcel that -)nts Route 660. 3. A minor collector roadway shall be constructed in Phase I of project to Woods Mill Road with Morgan's Mill Road. Steven A. Melnikoff Transportation Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) j d E61V0-S99-0iIS •00sse I PJOJJTja •m•2 eaa:OI ao EZ Rew �cnts An & �� SW c�i�n�� �.C. cn io o O F Fredellck CountyFubllc Schools administrative Assistant to Visit us at www1rederickIl2.va.us e-mail: he Superintendent orndorfa@frederick.kl2.va.us February 4, 2002 C. E. Maddox, Jr., P.E., Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning application for the Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635 comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect capital expenditures for buildings and their debt service. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollment. The construction of a minor collector road through the proposed Red Bud Run project would be of significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school property to the minor collector road and onto an improved Woods Mill Road and signalized west lane intersection on Route 7 would help improve overall traffic safety. The impact of this subdivision on current and future school needs should be considered during the approval process. Sincerely, ' (" Al Orndorff Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools i40-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 U/Planning/Redbud Run COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 21, 2002 Mr. Charles E. Maddox, Jr., P.E. Gilbert W. Clifford & Associates, Inc 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Red Bud Run Rezoning Dear Mr. Maddox: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting ofFebruary 19, 2002. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants' historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed rezoning. Historic Resources Advisory Board Concerns The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National Park Service. Therefore, the HRAB has expressed concern for loss of core historic battlefields. Specifically, the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed development and its impacts on possible battlefield network connections to Stephenson's Depot. Based on the above concerns, the HRAB recommends denial of this rezoning request. Please contact me with any questions concerning these comments from the HRAB. Sincerely, 44, lG�,1!aC�Cc ,u 1 Rebecca Ragsdale Planner I cc: Bessie Solenberger, Chairperson UACOMMITTGMiRA6Utaommcndations\Rcd©udRunRZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDER ICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 14WIFICAT1014 or PUIBLiC HEARIfIr June 17, 2002 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN (McTiernan Property) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on MONDAY, DULY 1, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the a Oication will be available for review at the Handley Library the week of the meeting, or at the DepAq nent of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Si ErIc'R. Lawrence Planning Director ERL/ch O \.\gcndasb\djoincr Lus\Z002\Rcmnings\Rcd Bud Run.wpd 107 `forth Rent Street o Winchester, Virginia 22601-5000 ■ COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 V,_Vf , F.AY22'02? JL ® G � 6ao 9�o"O'N7 '► hid 55 A• 90 ''G;� v'j COMMONWEALTH OF VIRGINIA l'0N ®0* PO BOX 67 RICHMOND, VA. 23218-0067 II I i I I i I I I I I I i I i I I I I I I S I I I I I I I Ii U.S. f:; COUNTY of F , E DERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NI O'1'IFICATION I OF PUBLIC r EARIN G May 22, 2002 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #05-02 OF RED BUD RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 5, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located north and adjacent to Rt. 7, east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Since , Eric R. Lawrence Interim Director ERL/ch 0AAgcndu\Adjoincr Luz\2002\Rczonings\Rcd Bud Run.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 § 144-17 FREDERICK COUNTY CODE § 144-17 included under Article VII, Improvements and Guaranties, of this chapter. B. Street layout. The layout, width, grade, design and location of all streets shall conform to the approved final master development plan, the standards contained in the Frederick County Comprehensive Plan, Virginia Department of Transportation requirements and the following regulations: (1) Residential streets shall be laid out to discourage through traffic. New residential lots shall not have direct vehicle access to roads defined as major collector or arterial by the Frederick County Comprehensive Plan or the Virginia Department of Transportation. [Amended 9-13-19951 (2) Provisions shall be made for the continuation of planned, existing or platted streets on adjoining parcels. The design of such streets shall be coordinated in terms of location, width, grades and drainage. Such continuations shall be made to provide access to adjoining parcels, to provide for streets identified in the Comprehensive Plan and to provide for safe and adequate traffic patterns and access. Such continuations may not be appropriate where they provide for access between substantially different uses or where they will result in adverse traffic impacts on existing neighborhoods. Where no lots front on the road, the Planning Commission may require the design and grading of the right-of-way to conform to the Virginia Department of Transportation standards with a minimum of temporary or permanent seeding. (3) Final engineered construction documents shall be provided to the Subdivision Administrator prior to the complete release of the performance guaranties as specified in Article VII, § 144-44, of this chapter. C. Street names. Proposed street names shall not duplicate or approximate phonetically the names of existing or recorded streets in the county and the City of Winchester unless the proposed street is a continuation of an existing or platted street. Prior to filing a plat for approval, proposed street names shall be reviewed and approved by the Subdivision Administrator. D. Intersections. 14420 10 - to - 95 IIL § 144-17 SUBDIVISION OF LAND § 144-17 K. Classification. The classification of proposed streets shall be determined by the Frederick County Comprehensive Plan or by the standards of the Virginia Department of Transportation. The subdivider may be required to reserve rights -of -way for and/or construct major roads as well as minor streets where applicable and construct appropriate road improvements and access points. (1) Local street. A "local street" shall be a street within a subdivision which may be required to serve as access to adjoining property or to connect with streets in an adjoining subdivision and having an average daily projected traffic count at full build out of zero (0) to four hundred (400) average daily trips and shall be constructed to the following standards in accordance with projected traffic: (a) Minimum right-of-way width shall be as required by VDOT. (2) [Amended 9-13-19951 Minor collector. A 'minor collector" shall be a street within a subdivision that collects traffic from local streets and distributes it to the major collector and arterial system. These streets provide land access service and traffic circulation within residential, commercial and industrial areas and may be required to serve as access to adjoining properties or to connect with streets in adjoining subdivisions. Minor collectors shall have a projected average daily traffic count at full build out from four hundred one (401) to three thousand (3,000) daily trips or be streets designated as minor collectors by the Frederick County Comprehensive Plan. Minor collectors shall be constructed to the Virginia Department of Transportation Urban Design Standards. (a) Minimum right-of-way shall be as required by the Virginia Department of Transportation. (3) [Amended 9-13-1995] Major collector. A 'major collector" shall be a street that collects traffic from local streets and minor collectors and distributes it to the arterial system. These streets provide links to higher classified routes and serve as important intracounty travel corridors. Major collectors shall have a projected average daily traffic count at full build out from three thousand one (3,001) to six thousand (6,000,1 average daily trips or be streets designated as major collectors by the Frederick County Comprehensive Plan. 14423 10 - to - 9s Rezoning Comments Virginia Department of Transportation iIN•lail to: Virginia Dept. of'I'ransportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident F,ngineer 14031 Old Valley Pike Winchester, VA 22601 Applicants Please-fil1:out the information as accurately, as:.possible in_order to assist the Virginia Department of Transportation` with:t}iefr`revimV. Attach-three-copies.of your .... .. .... . application.form;-location map, proffer statement,impact analysis, and'any other.: . pertinent information: Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 1 17 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: North and Adjacent to US Route 7, east and adjacent -to Morgan Mill Road (Rt. 656) located directly between Red Bud Road and US Route 7. Current Zoning: RA Zoning Requested: RP Acreage: 159 Virginia Department of Transportation Comments See attached VDOT comments dated July t, 2002_ VD0'1' Signature & Date: _ ?• / •Oz, Notice to Advisory Board — Please Return ' its Form to the Applicant JUL )00'i c, i Post -It' Fax Note 7671 Dale paoof sp. To o m Co. Phone 1$ Phone M Fax X Fax a DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucot 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 July 1, 2002 Comments to Proposed Rezoning Ref: Patrick A. McTiernan & Thomas M. McTiernan Property Routes 7, 656 & 660 Frederick County JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540)984.5607 The documentation within the application to rezone this property appears to have a significant measurable impact on Routes 7, 656 & 660. Routes 7, 656 & 660 are the VDOT roadways which have been considered as the access to the property referenced. VDOT, through discussions with Frederick County and the developer's engineer, is satisfied that the transportation proffers offered in the McTiernan Property Rezoning Application dated June 17, 2002 (revised) and based on the May 1, 2002 Traffic Impact Analysis addresses most of our VDOT concerns with exception of the following: • VDOT is opposed to private entrance access directly onto the minor collector roadway, Morgan Mill Road and Woods Mill Road. Should Frederick County allow private entrance access directly onto the minor collector roadway, Morgan Mill Road and Woods Mill Road, all individual entrances will be subjected to meeting minimum sight distance requirements based on posted speed limits. • Should Frederick County agree to eliminate the Route 7/656 Crossover, resulting in Route 656, Morgan Mill Road, becoming a right in/right out configuration, all improvements to this intersection will be the responsibility of others. These improvements to include a right turn lane from west bound Route 7 to Route 656. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Steven A. Melnikoff, Transport i Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING . Gilbert W. Clifford & Associates, Inc. To: Steve Nlelnikoff Fax: 540-984-5607 Re: Red Bud Run Cc: Comments: 117 E. Piccadilly Street Winchester, VA 22601 (540) 667-2139 Phone (540) 665-0493 F:ix e-mail gwciram((c irtlilink.nct Facsimile Transmittal Sheet From: Chuck Maddox Date: 6-27-02 Pages including cover sheet: 14 Time: Please look this over, I would like to meet possible on tomorrow, Friday in preparation for Monday night meeting. I'm out of town today and will contact you tomorrow. Thanks Chuck A Traffic Impact Analysis of Red Bud Run Located in Frederick County, Virginia prepared for: Gilbert W. Clifford & Associates, Inc. 117 E. Picodilly Street Winchester, Virginia 22601 prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. PHPl� 208 Church Street, S.E. Leesburg, Virginia 20175 T 703.777.3616 F 703.777.3725 June 26, 2002 OVERVIEW Report Summary This study considers the traffic impacts associated with the proposed Red Bud Run development to be located along Woods Mill Road, north of Route 7, in Frederick County, Virginia. The proposed development is to include 300 single family detached residential units Patton Harris Rust & Associates, pe (PHR+A) has complete traffic analyses for existing, 2007 background and 2007 build -out traffic conditions. Access to the site will be provided via a proposed "East-West Internal Connector" that will extend from west of Morgan Mill Road to east of Woods Mill Road. This will coincide with the elimination of the median break at the Route 7/Morgan Mill Road intersection (will allow for right -turns in/out only). All eastbound and southbound left -turns trips will be rerouted to the Route 7/Woods Mill Road intersection. METHODOLOGY The traffic impacts accompanying the proposed Red Bud Run development were obtained through a sequence of activities as the narratives that follow document: • Calculation of trip generation for Red Bud Run, • Assessment of background traffic including other planned projects in the area of impact, • Distribution and assignment of Red Bud Run generated trips onto the completed road network, • Analysis of capacity and level of service with the newest version of the highway capacity software, HCS-2000 (Version 4.1b), for future build -out conditions. EXISTING CONDITIONS PHR+A conducted automatic "tube counts" and manual peak hour traffic counts at the key locations within the Red Bud Run study area. Figure I shows the existing (2002) ADT and AM and PM peak hour traffic volumes along key roadways/intersections within the study area. Figure 2 illustrates the respective existing lane geometry and AM and PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. P"R+A Traffic Impact Analysis of Red Bud Run June 26., 2002 Paste 1 -b U ca cu o 03 o on o SITE ca�� �0$ SITE cn '`n. r, N r- % .27(76) Route 7 4. 633(1049) (79)71 ,..? Em (624)1395 mo. Figure I Pub AM Peak Hour (PM Peak Hour) Existing Traffic Conditions Traffic Impact Analysis of Red Bud Run June 26. 2002 Page 2 c L. � C O L --------------------------- SITE •'••___._ 1 t SITE !t AM Peak Hour (PM Peak Hour) Levels of Senice EB/Lefi = Fk r � i D t ul" Figure 2 Routc 7 SEE BELOW Leven of Service NB/rMru = CO.') SB/rhru — C(C) (* ,even of Service 1 KBA.eft = A(A) SB/LeR - A(A) r Existing Lane Geometry and Level of Service Leven of Srrvice SB/Left = B(A) Traffic Impact Analysis of Red Bud Run PwR/� June 26. 2 ` Paee 3 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 7 and Woods Mill Road, resnectively. usinu an historic growth rate of 2.5% per year (compounded annually). Figure 3 shows the 2007 background ADT and AM and PM peak hour traffic volumes alont; key roadways/intersections within the study area. Figure 4 shows the respective 2007 background lane geometry and AM and PM peak hour levels of service. All HCS- 2000 level of service worksheets are included in the Appendix section of this report. TRIP GENERATION The total number of trios produced by and attracted to the Red Bud Run site were established using the 6`1' Edition of ITE's Trip Geteration Report. Table 1 provides a summary of the results. Table l Red Bud Run Trio Generation Summary AM Peak Hour PM Peak Hour code Land Use Amount In Out ')Total In Out Total ADT Red Bud Run 210 Single -Family Detached 300 units 55 165 219 185 104 289 3,000 Total 55 165 219 185 104 289 3,000 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. Figure 5 represents the trip distribution percentages into and out of the Red Bud Run development. Figure 6 shows the respective ADT and A.M. and P.M. peak hour trip assignments along key roadways/intersections within the study area. 2007 BUILD -OUT CONDITIONS The Red Bud Run assigned trips (Figure 6) were added to the 2007 background traffic (Figure 3) to obtain 2007 build -out conditions. Figure 7 provides the 2007 build -out ADT and A.M. and P.M. peak hour traffic along key roadways/intersections within the study area. Figure 8 shows the corresponding 2007 build -out lane geometry and AM and PM peak hour levels of service. All HCS-2000 level of service worksheets are included in the Appendix section of this report. P"R+A Traffic Impact Analysis of Red Bud Run June 26, 2002 Pap-e 4 O cd o N O An bD to �n O School l Cast -West ------ ccess--- ------- --- --- -- internal'�onnec'�or '-��� - N t M SITE '•-•_ M SITE o %.31(86) i Routc 7 J L 4�71G(1187) 1 (154)142 (689)1515 AM Peak Hour (PM Peak Hour) Figure 3 2007 Background Traffic Conditions Traffic Impact Analysis of Red Bud Run 7 7�� June 26. 2 !"- .0 C O 'd O O Co O � 3 O School East-West "Recess ---------Ynte NV-0- —T07'' SITE •'••_____ ----------- SITE !t !t Route 7 ' SEE BELOW AM Peal: Hour (PM Peak Hour) Figure 4 2007 Background Lane Geometry and Level of Service Traffic Impact Analysis of Red Bud Run P"R—A June 26. 2 Pagee 6 6 Figure 5 arc Trip Distribution Percentages Traffic Impact Analysis of Red Bud Run June 26, 2002 Pate 7 �oS v CO 0 o too `mw 16(10) 0 r� 38(24) School 1 East-West o Access internal Connec or %..0(0) t 4..11(7) (18)5 ■ SITE ; �27(17) (4)1 1 r (52)82 .- % M SITE N 00 v G o M %.29(97) Route 7 4�4(14) (54)16 .. o AM Peak Hour (PM Peak Hour) Figure 6 Development -Generated Trip Assignments P"R+A Traffic Impact Analysis of Red Bud Run June 26, 2002 Page 8 'C7 cd O _ o o� 4.,..16(10) d-38(24) School ,� 1 Ccess .. �tr (18)5 --+ NNt (0)0..m%MH n East-West SITE Route 7 11L (01.0 (4)1 .,_� (52)82 •• % (208)158 (689)1515 0(0) �.�.11(7) �- 27(1'n - t SITE 00 N �p 00 %.59(183) 4. 720(1201) AM Peak Hour (PM Peak Hour) Figure 7 2007 Build -out Traffic Conditions Traffic Impact Analysis of Red Bud Run June 26, 2002 Page 9 .n 0 0 a Unsignalized `IC Intersection w o 0 Q � 3 m o Unsignalized 4> School 4% East-West Intersection Access Intemal COnnec o *(A)A SITE 4A(A)* SITE m f !t !t Route 7 SEE BELOW AM Peak Hour (PM Peak Hour) Denotes critical unsigr Leveb of Service FIR/Left = B(A) rogro�r.1 movement •even o� xrT�ce VB A ppraaci = C(C) N B Approach = C(() SB Approach =C((' Overall = C(C) 1/ Levels SB/l,en = B(A) L fl N_1 Figure 8 2007 Build -out Lane Geometry and Level of Service Traffic Impact Analysis of Red Bud Run P"JuneR-A 26. 2(x Nee 10 10 CONCLUSION The traffic impacts associated with the proposed Red Bud Run development are acceptable and manageable. All intersections maintain acceptable levels of service "C" or better for 2007 build -out conditions. No traffic mitigation measures will be required for this development. P"R+A Traffic Impact Analysis of Red Bud Run June 26, 2002 Page 11 APPENDIX "'Iry .04 f, -3 4k 444 I it 0* rAl It N71 WTI 0641t, -"W' ft REZONING APPLICATION #05-02 RED BUD RUN Staff Report for the Planning Commission Prepared: June 20, 2002 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil this application. It may also be usefid to others interested in this zoning matter. Reviewed Action Planning Commission: 06/05/02 Recommended for Approval * Returned to PC; public hearing sign not posted properly 07/01 /02 Pending Board of Supervisors: 08/12/02 Pending PROPOSAL: To rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. LOCATION: This property is located directly between Red Bud Road and Route 7. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55-A-105, 106 and 107 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant, undeveloped and single-family dwelling ADJOINING PROPERTY ZONING & PRESENT USE: North: South: Cast: West: Zoned RA (Rural Areas) District Zoned RA (Rural Areas) District Zoned MII1 (Mobile Home Community) Zoned B 1 (Neighborhood Business) Zoned RA (Rural Areas) District Zoned RA (Rural Areas) District Use: Residential, Church, and Vacant Use: Residential Use: Residential Use: Business Use: Residential Use: Residential and Public Schools REZ #05-02, Red Bud Run Page 2 June 20, 2002 PROPOSED USE: 300 single-family residential dwellings. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached e-mails ftom Steve Melnikoff dated 10123101 all 03108102. See attached letter from Steve Melnikoff dated 6110102. Fire Marshal: Fire hydrants shall be installed per FCSA requirements and Frederick County Code Chapter 90. "No Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire hydrants shall be set at three feet from curb and spacing shall allow coverage to within 300 feet of all single-family dwelling units. A loop in the water supply system, whether connected to the FCPS site or separate connection to Rt. 7 will greatly enhance fire suppression activities. Plan approval recommended. Greenwood Volunteer Fire & Rescue: Change to Greenwood Fire & Rescue Co. in place of all Fire & Rescue comments (o.k.'d since written). With the current capabilities of Ash Hollow Run, what will be done to prevent flow to this creek causing backup due to excessive water flows? Sanitation Authority: The conceptual plan for providing water and sewer service to the proposed property is acceptable. Coun Engineer: This was an outstanding application. I particularly appreciated the offer to create the environmental easement and construct BMP facilities throughout the development. The latter proffer goes above and beyond our current stormwater requirements. Parks & Recreation: This rezoning application includes a proffer for Parks and Recreation which reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation demands of this development. This matter should receive close consideration, as many of the people moving to our community will be requesting the level of leisure services for which they have become accustomed. Frederick Co. Public Schools: Please see attachedlettelfi-omAl01•ndolff,,AdministrativeAsslstant to the Superintendent, dated 2104102. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 2121102. County Attorney: Once signed by owner, proffers appear to be in proper form. REZ 405-02, Red Bud Run Page 3 June 20, 2002 Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. 2) Location The three parcels which comprise the proposed rezoning are located on the north side of Berryville Pike (Route 7); and south of Red Bud Road (Route 661). Woods Mill Road (Route 660) bisects the subject site. Berryville Pike is classified as a major arterial roadway; Woods Mill Road a minor collector roadway. The 157-acre subject site is located in an area that is rural in nature. Adjoining properties include tracts that are utilized for agricultural purposes, as well as large lot residential. The Red Bud Elementary School and the Millbrook High School property is located immediately west of the subject site. 3) Comprehensive Policy Plan The parcels are within the County's Urban Development Area (UDA), and are partially included in the Route 7 East Corridor Land Use Plan. The Route 7 East Corridor plan was initially adopted by the Board of Supervisors in 1994, and is a component of the County's Comprehensive Policy Plan. The Route 7 East Corridor plan does not address any specific future land use for the subject properties. The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The subject properties were bisected by the Urban Development Area (UDA) prior to December 2001. At the Board of Supervisors' meeting on December 12, 2001, the Board approved a request to include the subject properties, in their entirety, within the UDA. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as steep slopes, woodlands, and floodplain. The steep slopes are generally located on the northern and southern extremes of the subject site. The floodplain area is located along Red Bud Run which travels through the northern section of the site. The site exists within the Martinsburg shale geologic area of the County, similar to most development within the UDA. REZ #05-02, Red Bud Run Page 4 June 20, 2002 The general site development plan calls for the establishment of a conservation area to accommodate the northern portion of the site's steep slopes and floodplain. Future ownership of this conservation area is not clear. The 157-acre site has road frontage along Berryville Pike (Route 7), Woods Mill Road (Route 660), and Morgans Mill Road (Route 661), which are all within the Virginia Department of Transportation system of roads. The Zoning Ordinance prohibits direct access for individual residential lots onto roads classified as arterial (Berryville Pike). By policy, the parcel is entitled to be served by public water and sewer. The Frederick County Sanitation Authority has indicated that adequate capacities exist to serve the development proposal for this parcel. 4) Intended Use The applicant proposes the establishment of a residential development. The submitted proffer statement offers to limit the development to 300 single-family lots. (Approximately 1.9 dwellings per acre). 5) Potential Impacts a) Transportation Inthact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the157 acres requested to be rezoned will produce 3,000 ADT on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation Report, 6"' Edition, Classification 210 - Single-family Detached. Current traffic counts on Berryville Pike at Woods Mill Road are 9,928 (westbound lane) and 12,243 (eastbound lane) vehicle trips per day. The applicant has provided information indicating that Woods Mill Road has a ADT of 2,340. The applicant has proposed an extensive road improvements plan to accommodate the proposed trip generation resulting from the development. This plan includes improvements to Woods Mill Road and Berryville Pike intersection, as well as the establishment of a collector roadway to link Woods Mill Road with the school property to the west. The Impact Analysis Statement refers to the applicant's Proffer Statement to indicate what improvements will occur with the development. Revieiv.4gency Comment The Virginia Department of Transportation (VDOT) has reviewed the applicant's transportation improvement plan. The VDOT comment dated October 23, 2001 acknowledges the applicant's REZ #05-02, Red Bud Run Page 5 June 20, 2002 concept plan for Toad improvements. The VDOT comment dated March 8, 2002 acknowledges the revised proffer statement and suggests minor clarifications to the proffer statement. In a letter dated June 10, 2002, VDOT provides comments on the Traffic Impact Analysis. Specifically, VDOT suggests that private entrances be prohibited on Morgans Mill and Woods Mill Roads, as well as requests the applicant to enter into a signalization agreement for the intersection of Woods Mill Road and the proposed minor collector roadway. VDOT also expressed some concern regarding the responsibility for the improvements that the applicant has suggested for Woods Mill Road. Planninv Staff Conameni The Traffic Impact Analysis dated May 1, 2002 provides an accurate depiction of the current traffic information for the impacted roadways immediately southwest of the site. The study also provides the current and projected Level of Service (LOS) information for the impacted roadways. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual weekday traffic (AAWDT) counts for Berryville Pike from the City of Winchester line to the Clarke County line was 24,000 trips. The applicant has estimated that the build -out of this acreage would generate 3,000 ADT, and approximately 89 percent of these vehicles would use Berryville Pike. Therefore, it appears the rezoning request would add 2,670 trips to Berryville Pike; an increase of approximately I I percent. Based on information provided in the Traffic Impact Analysis, Woods Mill Road has a ADT of 2,340. The applicant further indicates that 70 percent of the traffic generated from the development would access Woods Mill Road, one percent traveling north, and 69 percent traveling south. Utilizing these assumptions, the proposed development would introduce 2,100 vehicles per day onto Woods Mill Road. This projection almost doubles the traffic on Woods Mill Road, although it is fair to assume that most of the traffic would travel south on Woods Mill Road, in the areas which the applicant has proffered road improvements. The applicant, through the proffer statement, has proffered to provide road improvements to Woods Mill Road and Berryville Pike, construct a new east -west collector road on the site. < < b) Historic Resources: Impact Analysis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would preserve a portion of the site of historic Woods Mill and Mill Race. The analysis further acknowledges that the National Park Service (NPS) has designated a portion of RCZ 405-02, Red Bud Run Page 6 June 20, 2002 the subject site as a core battlefield. To mitigate impacts on the effects of historical interpretation of the battles, an open space plan has been prepared. This open space plan will provide an environmental and historical preservation corridor along Red Bud Run and along Berryville Pike. The analysis states that approximately 33.1 percent of the site will be preserved. The applicant has provided documentation, compiled by Lynn L. Sims, indicating that while the subject site may be considered a portion of the Third Battle of Winchester, no actual fighting occurred on the properties. Revietiv Agency Connnent The Frederick County Historic Resources Advisory Board (HRAB) comments, dated February 21, 2002, expresses concern for the loss of historic core battlefields. Specifically, the HRAB has concerns about loss of viewsheds of the battlefield, the housing density of the proposed development, and its impacts on possible battlefield network connections to Stephenson's Depot. The HRAB does not support this request. Planning Staff Comment The subject properties are located within the limits of the Third Winchester (Opegoun) Battlefield core area, as delineated by the National Park Services' (NPS) Study of Civil War Sites in the Shenandoah Valley. Therefore, the HRAB has expressed concern for the loss of historic battlefields and the aesthetic qualities of the rural community in which these parcels are located. The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. C Water and Sewer: Impact AnaNsis Statement Information provided within the applicant's Impact Analysis Statement advises that the proposed development would generate approximately 60,000 gpd of sewage, based on the Frederick County Sanitation Authority (FCSA) average of 200 gpd per residential unit. An offsite sewer system would be created using a pump station near Route 7 that will provide adequate sewer capacity for the proposed project. An existing 8" sewer line, which has a capacity of 340 gpm and is less than 100 gpm flow at present, will be utilized to convey the sewage to the Opequon Regional Wastewater Treatment Plant. Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that will prevent adequate service from being provided to the project by the FCSA. An existing water main located south of Route 7 would be utilized to serve the project. A water loop would be established through the site to the school site located to the west. REZ #05-02, Red Bud Run Page 7 June 20, 2002 Review Agency Connnent The Frederick County Sanitation Authority (FCSA) comment, dated February 6, 2002, states that sufficient water and sewer capacity exist to serve the demands of the rezoning. d) Community Facilities Public Schools The proposed residential development would increase student enrollment capacities, thus impacting Red Bud Elementary School; James Wood Middle School; and Millbrook High School. The Frederick County Public School Administration (PSA) comment states that this development could yield 150 new students. Furthermore, the PSA identifies that the school facilities within this area of the county are nearing maximum design capacities. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased school enrollment. The PSA does support the proposal to construct a minor collector road joining the school property with Woods Mill Road. The County's Capital Facilities Impact Model projects a negative impact on the school system of $7,162 per lot. The applicant has proffered a monetary contribution of $3,581.00 per lot to mitigate the impacts to the school system; this contribution is consistent with the County's policy expectation of 50 percent. Parks and Recreation The Department of Parks and Recreation comment identifies that the monetary proffers received from new residential projects do not allow their department to keep pace with the recreational demands of the county residents, especially as many of the people moving to our community will be requesting the level of leisure services for which the have become accustomed. The County's Capital Facilities Impact Model projects a negative impact on the parks and recreation system of $1,195 per lot. The applicant has proffered a monetary contribution of $598.00 per lot to mitigate the impacts to the parks and recreation system; this contribution is consistent with the County's policy expectation of 50 percent. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: REZ #05-02, Red Bud Run Page 8 June 20, 2002 • Monetary contribution of $5,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. • Establish a stream preservation parcel of 28.4 acres along Red Bud Run. • Prohibit the construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING: The 157-acre site proposed for residential land use is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The 157-acre site has significant frontage along three state -maintained roads and can be served with public water and sewer with adequate capacities. The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this residential rezoning proposal. The proffered conditions include a monetary offer to offset costs associated with the capital facilities needs of various county service providers, the offer to limit the number of residential units to 300 single-family lots, and the offer to improve the intersection of Berryville Pike and Woods Mill Road. tl nn-the aIrlrlicrnt's Traffic Analysis. 'ssioii t- until ����'evi n m ht irgnrr�►-Hcprrrtnrrnt of Tr�mspvrt�rticm Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding this proposal: • The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. • The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. • Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. • The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de- sae'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and REZ #05-02, Red Bud Run Page 9 June 20, 2002 the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02 Staff presented the application to the Planning Commission and identified a number of issues identified by staff and VDOT that were not adequately addressed by the applicant. The applicant reviewed the planned transportation improvements, and other proffered conditions. A number of citizens spoke during the public hearing. Concerns raised included: additional needs to protect the Red Bud Run watershed; concerns with impacts to the existing road network; preservation of battlefield lands; and the potential increase in the school age population. Citizen comments also addressed: the positive aspects of the property's location in proximity to the arterial roadway (Berryville Pike); and that the site is within the County identified growth area. A citizen also raised concern that a public hearing sign may not have been posted on the site. Following discussion, the Planning Commission recommended approval of the rezoning request. UPDATE SINCE PLANNING COMMISSION MEETING ON 06/05/02: Staff confirmed that the subject site was not properly posted to inform the public about the June 5, 2002 rezoning public hearing. Accordingly, the County Administrator directed staff to return the rezoning application to the Planning Commission in order to fulfil the public notice requirements. The application was scheduled for a public hearing at the Planning Commission's July 1, 2002 meeting. The applicant has submitted a revised proffer statement to address concerns raised by staff, the Virginia Department of Transportation, the Planning Commission, and citizens during the June 5, 2002 public hearing. The revised proffer statement, signed by the property owners on June 17, 2002, provides for: • Monetary contribution of $5,454.00 per lot. • Maximum of 300 single-family dwelling units; No multi -family units. • Road improvements to, including signalization of, Berryville Pike and Woods Mill Road. • Construct a minor collector road linking the school property with Woods Mill Road. (Ne►v condition) Conduct necessary improvements to address sight distance eoncerns at Morgans Mill Road and the proposed minor collector roar. • (Ne)v condition) Enter into a signalization agreement for possible traffic signal at the proposed mirror collector road and Woods Mill Roar. • (Ne)v condition) Limit the number of private drive►vay entrances onto the prol)ose'd minor Collector road REZ #05-02, Red Bud Run Page 10 June 20, 2002 • Establish a stream preservation parcel of 28.4 acres along Red Bud Run. (Ne)Pcondition) Parcel to be held by property owner until such time as an appropriate management party is identified and approved by the Board of Srrpervisors. • Prohibit the construction of a FCSA sewage pump station within the Red Bud Run watershed. • Utilization of BMPs to manage quantity and quality of stormwater runoff. • (New condition) Work with the Shenandoah Valley Battlefield Foundation to establish viewshed protection plan along Route 7. • (New condition) Prohibit private entrances oil Morgans Mill and Woods Mill Roads. Work with County to establish viewshed protection plan for the roads. 0 \Agcndm\CO\1p1ENTS\RElONING�Sta(( Rql r1\2002\Rcd Bud Run PC.2.wpd 69 REZONING REQUEST' PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District RED I3UD RUN Preliminary. Matters Pursuant to Section 15.2-2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 1105-02for the rezoning of 157.01 acres from the Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum of $5,454.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public Library; $1 17.00 for Sheriff's Office and $241.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Proffer- Plan including the following improvements: 1. On the 157.01 acres to be zoned RP no more than 300 single farnily dwelling units shall be constructed. These units shall consist of single family home lots. No multi -family units shall be constructed on this property. 2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement shall include work as necessary to: (See 2 on Proffer Plan) • Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane. Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route 660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge Mobile Home Park. • Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a 3-lane section and provide transitions to pavement north of the project entrance. Enter into a signalization agreement with VDOT regarding the new intersection. (Revision 6/17/02) REZONING REQUESTPROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red I3ud Run A minor collector roadway shall be constructed in Phase l of project to connect Woods Mill Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance shall be gated until approved for uncontrolled use by the Board of Supervisors. In the event improvements for sight distance are required for the minor collector/school intersection on Morgans Mill Road this work shall be performed by the property owner. 4. All lot and tertiary road system access to be directly on the minor collector roadway. There will be no new access points on VA Route 7 as the result of this project. 5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel shall be available for public use. This land shall be in addition to open space requirements of the Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a preservation easement to limit future disturbance. (See 5 on Proffer Plan). The 28 acre parcel shall be held and preserved in ownership by the owner until an appropriate open space plan is approved by the Board of Supervisors at which time the land and/or rights shall be transferred to the approved management agency. 6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA sewage pumping station shall not be constructed in the Red Bud Run Watershed. 7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash Hollow Run Watersheds shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stornwater control existing under Virginia law. 8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer- Plan). 9. A viewshed protection plan shall be prepared in concert with the County Planning staff for frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road or VA Route 7. (See 9 on Proffer Plan). 10. A cul-de-sac on Morgans Mill Road shall be constructed by the property owner if directed by the Board of Supervisors. This work shall include providing lands from the project if necessary for rights of way. The property owner shall also, if directed by the Board of Supervisors, obscure the median crossovers at the Morgans Mill Road intersection with VA Route 7. All work shall be in accord with permits issued by VDOT. 11. Private lot entrances on the minor collector road (3 above) shall be combined such that two lots shall access the roadway from a common driveway entrance. Corner lots shall access the side street. (Revision 6/17/02) REZONING REQUEST PROFFER Property Identification Number 55-A-105, 106 & 107 Stonewall Magisterial District Red Bud Run The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By.iu-�� (mil s ���2 gyp' Patrick A. McTieman Thomas M. McTiernan Date: (o _ 1 1-O L Date: (-o- Iq -0 Z STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th ,f,o�r'"egoing 'nstrume t was ackno 1 dged before me this 9 day of 2002, by c N F i C k • �" a S e T, 2! no n My commission expires % Z� Notary PublicCM i REGE VED (Revision 6/17/02) JUN 2 U 2002 D P . OF Pl"fid(WORROPW 1.33 ACRES TM55 Parcel 105 PARCEL NOT A PART OF REZONING Woods "+,ll F TM55 Parcel 107A PJ & DG McTiernan\ 2 Acres `TMPprckl 1906 BIu Rid MH J/ i i'% TM,35 NOD sap _Frederick - Co. -,S'ch9los `•`-- ! __- ---- / --- w ' % --- ; - - ---- ebb-1 1-- 6�, Total Lands for ; - -------_" ------" - -- i / Rezoning = 157.01 Ac. . Red Bud Run gilbert w. clifford q,+& associates, inc. PROFFERED PLAN Enirmeers Lana Pimmers water Quaiitr 117 E. Picodifly St. Vinchester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN/A I VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL: gwcGll®mnsinc.com Rezoning #05-02, Red Bud Run Reply to Comments by Owner June 14, 2002 The following information is furnished in reply to staff comments of May 23, 2002 and VDOT comments of June 10, 2002. PC Staff Comment 1) The applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development. The applicant has secured agreement with Mr. Howard Killell of the Shenandoah Valley Battlefields Foundation to jointly conduct a viewshed .study from eastbound and westbound IAA Route 7 and incorporate appropriate !!litigation by way of bl fifers as a part of'the Master Planning process. A proffer to this affect has been added as Proffer 8. 2) The applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration should also be given to prohibiting private driveway entrances on these two roads. The open space plan (Figure 17) shows adequate land for the referenced buffer and screens. Appropriate features for visual mitigation along these roadways will be displayed at the time of Master Plan approach. Only public road entrances will be allowed onto Hlbods Mill and Morgans Mill Road. A proffer to these affects has been added as Proffer 9. 3) Clarification as to who will own the proffered stream preservation parcel, as well as how this parcel will be made available for public use. The property owner will maintain ownership of the 28.4 acre parcel until an open space and implementation plan is prepared by others and approved by the Board of Supervisors at which time ownership andlor rights of use shall be lransferred to the appropriate and approved preservation organization. Proffer S has been revised to reflect this addition. 4) The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de- sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection. The CI117'ent Traffic Impact Analysis and proffer address the cross roads and improvements orl Woods Mill Roacl. Future actions on Morgans Hill Road are in the power of the Board of Supervisors and VD07' to decide after public hearings. The engineer's suggestion is that one of two improvements are possible as a result of proffers by the Red Bud Run project. Either dead ending Morgans Hill Road by cul-de-sac or closing the Route 7 crossover allowing a right In right out access only at Route 7. A proffer has been added which will allow either of these improvements to be performed by the applicant pending action by VDOT and the Board of .Supervisors. The proffer also Indicates the ininor collector road will be gated at Morgans Mill Road ij'directed by Board of Supervisors and VDOT Also, adjustments to Morgans Mill Road to provide adequate sight distance at the intersection of the minor collector have been projfered. gilbert w. clifford and associates, inc Page 2 5) The applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. The vieivshed pr'eser'vatlon Is assured by one (1) above. It is not a good Idea to providefor tour7st stops along westbound Route 7 since It will present public safety issues. Reasonable requests for interpretive sites will be considered as a part ofNlaster Plan approval. VDOT Comment Enter into a signalization agreement for the intersection of the minor collector roadway and Route 660, Woods Mill Road. Proffer 2 has been revised accordingly. • VDOT requests consideration of eliminating private entrance access directly from the subdivision to Rout 656, 660 and the proposed minor collector roadway. • Should the connection to Route 7, from Route 656 be severed or the Route 7 crossover be eliminated at this location, traffic will be routed onto the new minor collector roadway, increasing the chances for potential conflict between private access driveways and passing motorists. Proffer 9 restricts private driveway access to Route 656, Route 660 and Route 7. To accommodate concerns on the minor collector roadway the property owne'1' o%fer's to require common driveway entrances for lots entering on the rrrrnor collector. This will reduce the number of driveway cuts by Clppl'Otrlrrale'ly �0�. C'Ol'nel' IoIS' Y1�Il1r 111e 1r11I1or' COIIeCtOY will enter on the side slr'eel. (See PI'offel' 11). • The severing of Rout 656, Morgans Mill Road, and creating a cul-de-sac will direct south bound Route 656 traffic to the improved Route 660/Route 7 intersection by way of the minor collector may have merit. However, the closure of this roadway will require a VDOT generated public hearing. • The closure of the Route 7 crossover and ramps may also have merit. • These traffic recommendations may deserve consideration. however, consideration must be given to who will finance these changes. Will these modifications be financed by the developer? Frederick County? • The construction of a commercial entrance to school property may only be allowed with approval by Frederick County Public Schools and VDOT. This entrance will require obtaining adequate sight distance along with complete engineering plans approved through the Edinburg Residency Office and the issuance of appropriate Land Use Permit. The applicant has agreed to these concerns by provision of additional proffers. gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners Water Quality 7 June 2002 Mr. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RC: Red Bud Run Dear Eric, i3oard of Directors: President: 'Iliomas .1. lYToole, P.N.. Vice Presidents: Charles E. Maddox, Jr., RE Burl R. Sutherland, P.E. Ronald A. Mislowsky, P.F David I Saunders, P.E. Directors: William L. Wright Michael A. 1 Jammer Thomas W. Price The owners and I welcome the opportunity to appear at the July I" Public Hearing with the Planning Commission. We believe that additional discussion of the traffic control plan including additional VDOT comments available at that time is appropriate prior to this project being considered by the Board of Supervisors. The additional discussion and comment can only serve to improve the outstanding qualities of the Red Bud Run proposal. Sincerely yours, gilbert w. clifford & associates, inc. C. E. Maddox, Jr., P.E., Vice President CEM/kf cc: Mr. John Riley, County Administrator Ms, Linda Tyler, Stonewall District Supervisor Mr. Pat McTiernan, Property Owner Mr. Tom McTiernan, Property Owner Ms. Charlotte Eller, Northern Virginia Daily Mr. Tim Allen, Winchester, Star ,lU�l � 11t1. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net Alember American Con.vulling Anghieers Council