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HomeMy WebLinkAbout08-09 Haggerty Commercial - Red Bud 4 acres RP to B1 - BackfileREZONING TRACKING SHEET Check List: Application Form ✓ Fee & Sign Deposit t� Proffer Statement ✓ Deed L Impact Analysis Plat/Survey Adjoiner List ✓ Taxes Paid Statement File opened Reference manual updated/number assigned g O D-base updated 14 g p Copy of adjoiner list given to staff member for verification o� O Color location maps ordered from Mapping i Application Action Summary updated 1,7 Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: 0 Q Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers p Approval (or denial) letter mailed to applicant/copy to file and cc's �D Reference manual updated D-base updated Application Action Summary updated pl File given to Mapping to update zoning map O l Zoning map amended Sy s I D # L -a— 0 5 u ck� O �� § C DATE 110)<g � ■o. 'Al BY b� 0 November 20, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 COUNTRAf'�+'�21+f >�IZYI✓I� Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: REZONING #08-09, HAGGERTY COMMERCIAL PIN: 55-A-212 Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 19. 2009. The above -referenced application was approved to rezone 4.0 acres from RP (Residential Performance) District to B1 (Neighborhood Business) District, with proffers, for Commercial Uses. The property is located along the east side of proposed I-laggerty Boulevard, approximately 2,000 feet south of the intersection of proposed ]-laggerty Boulevard and Route 7, in the Red Bud Magisterial District. The proffer statement, dated November 6, 2008, with final revision date of September 24, 2009, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, i Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue The Canyon, c/o Dave Holliday, 420 Juba] Early Dr., Ste. 103, Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 9 REZONING APPLICATION #08-09 HAGGERTY COMMERCIAL Staff Report foi• the Board of Supervisors Pi•epai•ed: November 9, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/21/09 Recommended approval Board of Supervisors: 11/18/09 Pending PROPOSAL: To rezone 4.0 acres from RP (Residential Performance) District to B 1 (Neighborhood Business) District, with proffers, for commercial uses. LOCATION: The property is located along the east side of proposed Haggerty Boulevard approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/18/09 BOARD OF SUPERVISORS MEETING: The land use proposed in this rezoning is generally not consistent with the Eastern Frederick County Long Range Land Use Plan. The land use plan identifies the Haggerty Property and the surrounding areas with a residential land use designation. Furthermore, the previously approved proffered Generalized Development Plan from Rezoning 404-07 for the Haggerty Property, as well as the approved Master Development Plan, showed the subject area as open space for the residential development. Rezoning 408-09 for Haggerty Commercial does not address corridor appearance, and should consider providing additional landscaping along Haggerty Boulevard and enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County. The Planning Commission voted to recommend approval of the rezoning with the proffers offered by the applicant. No changes have been made to this Application since the Planning Commission's recommendation. Following the required public hearing, a lleclslon fegal'll%ng this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Srrpm•visois. • 0 Rezoning 408-09 — Haggerty Commercial November 9, 2009 Page 2 This report is prepared Gy the Fre(erick County Planning Staff to pi'ovi(le information to the Planning Commission and the Boai'(1 of Supervisors to assist their in making a llecisioil oil this application. It inay also be itstful to others interested in this zoning matter. Unresolved issues concerning this application ai'e doted Gy staff where relewint throughout this staff report. Reviewed Action Planning Commission: 10/21/09 Recommended approval Board of Supervisors: 11/18/09 Pending PROPOSAL: To rezone 4.0 acres from RP (Residential Performance) District to B I (Neighborhood Business) District, with proffers, for commercial uses. LOCATION: The property is located along the cast side of proposed Haggerty Boulevard approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential, Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) REVIEW EVALUATIONS: Frederick County Transportation: Staff expects traffic generation for this development to be from the surrounding residential developments and pass by of through traffic on Haggerty Boulevard. Given the proposed use, staff would not expect this development to attract trips from Route 7. This expectation leads to the primary Rezoning 1108-09 — Haggerty Commercial November 9, 2009 Page 3 impact being to through traffic along Haggerty Boulevard. Since Haggerty Boulevard is comprehensively planned as a Major Collector roadway, careful consideration will need to be given to the entrance design and location at site plan stage to ensure the following: a. That all applicable access management standards are met. b. That the property is served by no more than one entrance. C. That all necessary turn lanes and tapers are installed upon development of the property so as to impede through traffic as little as possible. Staff would note that while through traffic impacts would not be enough to require additional lanes at this time, verification should be provided that no additional right-of-way will be needed for the future four lane section of Haggerty Boulevard. In addition, while the immediate impact of this application will not be enough by itself to justify additional lane construction, some consideration should be given to the impacts. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been clone in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. Vir14inia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Haggerty Commercial rezoning application dated November, 2008 address transportation concerns associated with this request. 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 Manuel, Seventh Edition, for review. VDOT reserves the right to comment on all right-of-way needs, Including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. Fire Marshal: Plan approval recommended. Public Works Department: We have completed our review of the proposed rezoning for four acres of the previously approved Iaggerty development from RP to B 1. Based on this review, we recommend that Figure 2 be revised to reflect the previous Haggerty development boundaries. Also, the annotated Future Phase 1 Opequon Crossing is actually the previously referenced Haggerty development. It will not be necessary to resubmit this application. However, we would appreciate a revised copy of Figure 2. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: The Authority has sufficient water and sewer capacity to serve this area. Water pressure for domestic service and fire protection might be an issue. Sei-vice Authority: No comment. 9 • Rezoning #08-09 — Haggerty Commercial November 9, 2009 Page 4 Health Department: The Health Department has no objection if public water and sewer are provided. Permits are required for restaurants and hotels/motels. Contact this office for permit requirements. Department of Parks & Recreation: The Parks and Recreation Dept. commented on the MDP April 13, 2007 and recommended this parcel be retained for a public park. The Parks and Recreation Department would further recommend this parcel be retained for a public park as was recommended in 2007......... Staff recommends the 12 acre area identified as Potential Future Non -Residential Development be offered as a public park, less the stormwater management pond and the entrance road and cul-de-sac. This area would provide residents with centrally located open space, and is large enough to allow for development of a neighborhood park. Some of the facilities that could be offered in a park on this site would include: tennis courts, ball diamond, horseshoe pits, volleyball court, playground equipment, basketball courts and picnic facilities." Frederick County Public Schools: We offer no comments on this application. Winchester Regional Airport: Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration; however, it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly- over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Frederick County Attorney: Please see allached leller cicrled February 20, 2009 from Roclerick B. Iflillicnus, County Attorney. PlanninjZ Department: Please see alluched Memo doled December 31, 2008.fi-om Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning #14-04 for the Haggerty Property. Specifically, this request was to rezonel 11.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. The Board of Supervisors then approved Rezoning #04-07 for the Haggerty Property which revised the proffers associated with Rezoning #14-04 to revise the previously accepted transportation proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a 0 • Rezoning #08-09 — Haggerty Commercial November 9, 2009 Page 5 composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 / T No The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Haggerty property is located for residential land uses not for commercial development. Therefore, this request is not in conformance with the Eastern Frederick County Long Range Land Use Plan. This residential land use designation was supported by the Board of Supervisors approval of the original Haggerty development, which was approved in 2005 and revised in 2007. The Haggerty rezoning application indicated this land would be part of the open space for the community and was shown as open space on the GDP and the MDP, which was approved in October of 2007. It should also be noted that in 2005 when the property was originally rezoned, the applicant stated that it was their intent to designate the open space to the Parks and Recreation Department for the purpose of public use. This area of open space was designated in recognition of the significant environmental character of the area and as an enhanced area of buffer from the adjacent Opequon Wastewater Treatment Facility. Furthermore, the Parks and Recreation Department has recommended that this area be retained for a public park. Site Design The application does include minimal architectural language to address the appearance of structures on the property. However this design element does not fully address the corridor appearance goals of the Comprehensive Plan. The development has not addressed the site layout or landscaping, and the lighting proffer is required by the Zoning Ordinance. The applicant should consider providing additional landscaping along Haggerty Boulevard as enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County and promote a development that is well integrated into the surrounding community. Transportation The site is proposed to be accessed via one commercial entrance on Haggerty Boulevard. Traffic generated from the site is anticipated to be from the residential units within the development due to its location. Staff Note: The applicant should consider elindnating the proposed conunercial entrance as shown on the GDP ruin providing a joint entrance to the aa•ea of the park/opmn space that aligns with the relocated Valley Mill Road (futnu•e east/west collectoa). 3) Potential Impacts Transportation It is anticipated that impacts from this development will primarily be along Haggerty Boulevard. This roadway is a planned Major Collector roadway and careful consideration should be given to the entrance design, access management, the number of entrances, and necessary turn and 0 • Rezoning 1108-09 — Haggerty Commercial November 9, 2009 Page 6 taper lanes. The applicant should also ensure that there is no need for additional right-of-way for the future four lane section of Haggerty Boulevard. In addition, while the immediate impact of this application will not be enough by itself to justify additional lane construction, some consideration should be given to the impacts. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. Community Facilities The proffer statement is limited to two monetary contributions in the amount of $1,000.00 respectively to Frederick County for Tire and Rescue and Sheriff's Office purposes. The applicant should ensure that the impacts to all County agencies are addressed with this application. 4) Proffer Statement — Dated November 6, 2008; revised September 24, 2009: A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the location of the proposed commercial site and the proposed entrance. B) Site Development • The Applicant has proffered to limit the Floor to Area Ratio (PAR) of the site to .25 (Staff Note: the BI only allows for a 0.3 TAR). • Access to the site shall be via one entrance off of the future Haggerty "Spine" Road (Boulevard). • No building permits will be issued for the property until the site has access to the signalized intersection at Route 7 via the future Haggerty Boulevard. Staff Note: Haggerty Boulevard should be conshwcted fi'oln the signalized Route 7 intersection to the future east west collector before building permits should be issued. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant will construct a ten foot hiker/biker trail across the property frontage. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant shall provide street trees along the property frontage at a maximum of 50 foot on center. Staff Note: Rezoning #04-07 did not account for street trees along Ilaggerty Boulevard; the applicant should consider providing for street trees or enhanced landscal)ing along the entire Haggerty Boulevard ROW. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant shall designate a minimum of ten parking spaces reserved to access a potential future park on adjacent property owned by the applicant. Staff Note: It is unclear whether these spaces are in addition to the required site pai-king and this proffer only commits a reservation (not Rezoning 1108-09 — Haggerty Commercial November 9, 2009 Page 7 specified where) for teji parking spaces fora potential filtlu-e park. This park does not exist and is not pi,offel'ed lylth the ol'itiinal Haggerty rezonlnh application or any other application). C) Design Standards • Any building constructed on the property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. Additionally, dumpster pad screen wall shall be constructed of the same masonry materials used for the building. (Staff Note: Consideration should he given to the design and location of the parking area, such as parking to the rear of the strrlcture) • Site lighting shall not exceed 25 feet in height. (Staff Note: This is already required Gy the Zoning Ordinance). • All structures shall utilize the same facade materials. • The design of all buildings shall be in general conformance with the exhibit "Haggerty Commercial -Building Elevation" dated September 15, 2009. D) Monetary Contributions • The applicant shall contribute $1,000 to Fire and Rescue, made prior to the issuance of a building permit. • The applicant shall contribute $1,000 to the Sheriff's Office, made prior to the issuance of a building permit. STAFF CONCLUSIONS FOR THE 10/21/09 PLANNING COMMISSION MELTING: The land uses proposed in this rezoning are not consistent with the Eastern Frederick County Long Range Land Use Plan. The land use plan identifies the Haggerty Property and the surrounding areas with a residential land use designation. Furthermore the previously approved proffered Generalized Development Plan from Rezoning #04-07 for the Haggerty Property as well as the approved Master Development Plan showed the subject area as open space for the residential development. Rezoning #08-09 for Haggerty Commercial does not address corridor appearance, and should consider providing additional landscaping along Haggerty Boulevard and enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/21/09 MEETING: The applicant recognized that the area was designated as open space with the approved GDP for the Haggerty project. The applicant stated that when they processed the MDP, the open space areas were labeled as "Required Open Space," which was 30% as required by the zoning ordinance and "Residual Open Space," which consisted of 12 acres. The applicant stated that this rezoning application is to modify four acres of the existing Haggerty proffer in order to allow this neighborhood commercial use. Justification for the commercial was to limit the number of vehicles that need to drive out to Route 7 and up to I-81 at Winchester Gateway for goods and services. I-Ie also noted the access to a pedestrian 0 9 Rezoning #08-09 — Haggerty Commercial November 9, 2009 Page 8 trail system that links across into the Twin Lakes area, Senseny Glen, and Sovereign Village. The applicant proffered street trees along the frontage at 50 feet on center, high -end masonry materials, and conformance to a general elevation that was part of the proffer. The applicant stated their intentions to offer the residual 34 acres to the County and, should the County choose to accept this, the applicant proffered a minimum of ten parking spaces to provide access to the future park facility. Comments from the Planning Commission included a preference to have the entrance to the commercial area line up with the future east -west collector in order to minimize entrances along the spine road; there were questions on why no commercial uses were proffered out of the rezoning, if this was truly meant to be a neighborhood commercial area; and if the northeast property line of the commercial area would be adjacent to the wastewater treatment plant property. Responding to the questions, the applicant stated it was their intention to move the entrance as far back from the east -west collector as possible; if the commercial entrance was lined up with the east -west collector, the road would have to be constructed through open space and there would not be direct site access to the commercial user. The applicant stated this site was not intended to pull trips off Route 7 and they did not believe there was a real need to proffer out uses for a B 1 zoning for neighborhood use. Regarding the property boundary, the applicant said that while working out the boundary line adjustment to create right-of-way for the spine road, a portion of land was given to the PWSA to increase their buffer distance. The applicant pointed out the PWSA's site, the PWSA's buffer, the neighborhood commercial, and then the open space area before the residential. Commission members commented that the recent UDA Study placed a different perspective on the availability of commercial areas to create a neighborhood community. Commissioners believed this project may be an opportunity to provide a small neighborhood commercial area that would promote the goals of walkability and integration of uses, so residents are not forced to travel to other locations for services. They believed this proposal provided more dimension and use opportunities to the overall project and would provide goods and services for all of the residential uses in this area. While this was not clearly identified in the Comprehensive Policy Plan for commercial use, Commissioners believed it advanced the UDA policies. The Planning Commission voted to recommend approval of the rezoning with the proffers offered by the applicant. The majority vote was as follows: YES (REC. APPROVAL): Mohn, Triplett, Kriz, Madagan, Wilmot, Ruckman, Manuel, Ambrogi, Crosen, Unger NO: Oates (Note: Commissioner Thomas was absent from the meeting.) Following the required public hearing, a decision i-egal'ding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concei-ns raised by the Board of SuImi-visoi-s Haggerty Commercial REZ # 08 - 09 Rezoning Request 4 acres RP to B1 - Retail PIN: 55 - A - 212 Current Zoning Map l -c Hanna (Teiki u r.n.. mn a\y.•• Application 6r.r.c 41m 4w \L,\wna nnN.n ot+.ka --- n,nnw., � �trw. u..w.N..r \r.. ,\x..•.c.•�ocxu. xi �x.a....r ,•....ix.....�-1\t �,.r....n. \t...t.n....et++nn� \te,w.+n.t r'.....i tx+n.r a\iwr..u.i rti..wc.....xn u.n.•r xr�x..r..mir..,.r�..r. t..n.t, �•N.\ S55 •.t. M: �Mnw........n.r.11.nn.r •III ,IIrN••II...rr. txan.t� 1-\IIIt,\I.W.Ila.l r�r�x.Ih+.M,i•RIRwYwxnl Rn...tl..•I<r��Y, IINMr W, 0 750 1,500 3,000 Feet r1 LJ • Is REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA SEP 2 5 n '� The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: The Canyon, LC Telephone: (540) 667.2120 c/o David Holliday Address: 117 East Piccadilly Street Winchester Virginia 22601 2. Property Owner (if different than above) Name: Same as above Address: 3. Contact person(s) if other than above Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester VA 22601 4. Checklist: Check the following items that have been included with this application. Location Map X Plat X Deed of property X Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: The Canyon LC David Holliday 6. A) Current Use of the Property: RP — Vacant B) Proposed Use of the Property: B 1 — Neighborhood Commercial Uses 7. Adjoining Property: SEE ATTACHED. 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). The Property is located along the east side of future Haggerty Boulevard, approximately 2 000 feet south of intersection of future Haggerty Boulevard and Route 7. 40 In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 55-A-212 Magisterial: Fire Service: Rescue Service: Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Red Bud 10. Zoning Change: List the acreage included in each new zoning category being requested. CUrI'ent Zonin Zoning Requested rACI'es 4.0 RP B 1 4.0 Total acreage to be rezoned 11 W • 11. The following information should be provided according to the type of rezoning proposed: Single Family Home Non -Residential Lots Office Retail Restaurant 12. Signature: Number of Units Proposed Townhome Multi -Family Mobile Home Hotel Rooms Square Footage of Proposed Uses Service Station 43,560 (maximum) Manufacturing Flex - Warehouse Other I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. . I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) kn w1 ge. Applicant(s) Date 2 S— 0 C] 0 Is Adjoining Property Owners Haggerty Commercial Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse fl-olin the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained fi-otn the office of the Commissioner of Revenue. The Conmiissioner of the Revenue is located on the 2"`' floor of the Frederick County fldmnistrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Frederick -Winchester Service Authority P.O. Box 433 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 433 Property #: 55-4-1 Winchester, VA 22604 Name: Investors At, LLC P.O. Box 550 Property #: 55-4-2 Stephens City, VA 22645 Name: Michael McKee 283 Eddys Lane Property #: 55-4-3 Winchester, VA 22602 Name: Alicia Grey 1201 Bonaventure Ave Property#: 55-44A Green Cove Springs, FL 32043 Name: The Canyon 420 Jubal Early Dr Ste 103 Property#: 55-A-210 Winchester, VA 22601 Name: Toll VA IV, LP 19775 Belmont Executive Piz, Ste 250 Property #: 55-A-211 Ashburn, VA 20147 Name: Toll VA IV, LP 19775 Belmont Executive Piz, Ste 250 Property #: 55-A-209 Ashburn, VA 20147 Name: Twin Lakes Overlook Community Assoc 19775 Belmont Executive Piz, Ste 250 Property #: 55M-2-9-149D Ashburn, VA 20147 Name: Lisa & Mildred Riggleman 7000 Ben Franklin Rd Property#: 65-A-195 S rin field, VA 22150 Name: The Canyon 420 Jubal Early Dr Ste 103 Property#: 55-A-212A Winchester, VA 22601 Name: Frederick -Winchester Service Authority P.O. Box 433 Property #: 56-A-18 Winchester, VA 22604 Name: George Bradfield et als 8225 Cambourne Ct Property#: 55-A-174 Gaithersburg, MD 20877 Name: Edward Haggerty 405 Colonel Ledyard Hwy Property#: 6-A-59 Clarke Count Ledyard, CT 06339 • nei Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Canyon LC (Phone) 540.667.2120 (Address) 420 West Jubal Early Dr Suite 103 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 040014715 and is described as Tax Map Parcel 55-A-212 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Oddress) 117 E. Piccadilly Sheet Suite 200 Winchester Virginia 22601 To act as my true and lawful attorney -ill -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for Illy (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescuulccl or modified. In witness thereof, I kwe) have heretolsgt my (our) hand and seal this clay of �.d�%�200 , Signature(s State of Virginia!i✓ity/County of To -wit: 1 1✓l.� f� I �a Notary Public in and for the jurisdiction aforesaid, c rtify that the person(s) \vho signed to the foregoing instrument personally, appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this >�—` clay of 1cc,,6,,I; 20G *C/�� c p j am— My Commission Expires: (G O,-tay Ubl fic J • GRAPHIC SCALEF o so loo zoo 1 'inIN FEET ch = 100 ft_ O ti / ,9`S S�F �CF 56-A-18 N/F FREDERICK-WINCHESTER SERVICE AUTHORITY DB 564, PG 414 INST #070017262 OND: RA SEE UWWTP O <v yo <v o`er pJV / lz pQ / / �OpQ 11 Q vUJ / v / / L4.0000AC /] �J -� n Gi-c 5 J4 aJ o FUTURE \ ' PHASE 1 OPEQUON CROSSING (/ si IIT OMMERCIAL STY, VIRGINIA 2008 lid PHK+A 2UUb 12617\1-0 Haggerty\Survey\Work Area\1412121—Exhl.dwg REZONING APPLICATION #08-09 HAGGERTY COMMERCIAL Staff Report for the Planning Commission Prepared: October 6, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 10/21/09 Pending Board of Supervisors: 11/18/09 Pending PROPOSAL: To rezone 4.0 acres from RP (Residential Performance) District to B1 (Neighborhood Business) District, with proffers, for commercial uses. LOCATION: The property is located along the cast side of proposed Haggerty Boulevard approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/21/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are not consistent with the Eastern Frederick County Long Range Land Use Plan. The land use plan identifies the Haggerty Property and the surrounding areas with a residential land use designation. Furthermore the previously approved proffered Generalized Development Plan fi-om Rezoning #04-07 for the Haggerty Property, as well as the approved Master Development Plan, showed the subject area as open space for the residential development. Rezoning #08-09 for Haggerty Commercial does not address corridor appearance, and should consider providing additional landscaping along Haggerty Boulevard and enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County. Following the required public hearrt,:-,, a recon7tJI en(lation regarding this rezoning application to the Board of Srlpervisois ivorllll be appropriate. The applicant should be prepared to adegclately address all concerts raised by the Planning Commission. Rezoning 08-09 — Haggerty Corrunercial October 6, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be usefirl to others nntereWed in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/21/09 Pending Board of Supervisors: 11/18/09 Pending PROPOSAL: To rezone 4.0 acres from RP (Residential Performance) District to B l (Neighborhood Business) District, with proffers, for commercial uses. LOCATION: The property is located along the east side of proposed Haggerty Boulevard approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential, Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Wastewater Treatment Plant South: RA (Rural Area) Use: Vacant/ Agricultural East: Clarke County Use: Agricultural West: RA (Rural Area) Use: Vacant/Agricultural RP (Residential Performance) Vacant (Twin Lakes) REVIEW EVALUATIONS: Frederick County Transportation: Staff expects traffic generation for this development to be from the surrounding residential developments and pass by of through traffic on Haggerty Boulevard. Given the proposed use, staff Rezoning 1/08-09 — Haggerty Commercial October 6, 2009 Page 3 would not expect this development to attract trips from Route 7. This expectation leads to the primary impact being to through traffic along Haggerty Boulevard. Since Haggerty Boulevard is comprehensively planned as a Major Collector roadway, careful consideration will need to be given to the entrance design and location at site plan stage to ensure the following: a. That all applicable access management standards arc met. b. That the property is served by no more than one entrance. C. That all necessary turn lanes and tapers are installed upon development of the property so as to impede through traffic as little as possible. Staff would note that while through traffic impacts would not be enough to require additional lanes at this time, verification should be provided that no additional right-of-way will be needed for the future four lane section of Haggerty Boulevard. In addition, while the immediate impact of this application will not be enough by itself to justify additional lane construction, some consideration should be given to the impacts. On recent rezomngs, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Haggerty Commercial rezoning application dated November, 2008 address transportation concerns associated with this request. 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 Manuel, Seventh Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. Fire Marshal: Plan approval recommended. Public Works Department: We have completed our review of the proposed rezoning for four acres of the previously approved Haggerty development from RP to B 1. Based on this review, we recommend that Figure 2 be revised to reflect the previous Haggerty development boundaries. Also, the annotated Future Phase 1 Opequon Crossing is actually the previously referenced Haggerty development. It will not be necessary to resubmit this application. However, we would appreciate a revised copy of Figure 2. Department of Inspections: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: The Authority has sufficient water and sewer capacity to serve this area. Water pressure for domestic service and fire protection might be an issue. Rezoning H08-09 — Haggerty Commercial October 6, 2009 Page 4 Service Authority: No comment. Healtli Department: The Health Department has no objection if public water and sewer are provided. Permits are required for restaurants and hotels/motels. Contact this office for permit requirements. Department of Parks & Recreation: The Parks and Recreation Dept. commented on the MDP April 13, 2007 and recommended this parcel be retained for a public park. The Parks and Recreation Department would further recommend this parcel be retained for a public park as was recommended in 2007......... Staff recommends the 12 acre area identified as Potential Future Non -Residential Development be offered as a public park, less the storinwater management pond and the entrance road and cul-de-sac. This area would provide residents with centrally located open space, and is large enough to allow for development of a neighborhood park. Some of the facilities that could be offered in a park on this site would include: tennis courts, ball diamond, horseshoe pits, volleyball court, playground equipment, basketball courts and picnic facilities." Frederick County Public Schools: We offer no comments on this application. Winchester Regional Aij•port: Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration; however, it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly- over noise fi-om aircraft entering into or departing the Might pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 20, 2009 fi-om Roderick B. 147illiams, County Attorney. PlanninV, Department: Please see attached Memo dated December 31, 2008fr•om Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History On February 9, 2005, the Frederick County Board of Supervisors approved Rezoning #14-04 for the Haggerty Property. Specifically, this request was to rczonel 11.56 acres from RA (Rural Areas) to RP (Residential Performance) with proffers which enabled the development of up to 300 single family detached and single family attached housing units. The request also contained significant transportation proffers which supported a revised Eastern Road Plan and relocated Valley Mill Road. The Board of Supervisors then approved Rezoning 1/04-07 for the Haggerty Property which revised the proffers associated with Rezoning #14-04 to revise the previously accepted transportation proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public 0 Rezoning ##08-09 — Haggerty Commercial October 6, 2009 Page 5 facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use. The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Haggerty property is located for residential land uses not for commercial development. Therefore, this request is not in conformance with the Eastern Frederick County Long Range Land Use Plan. This residential land use designation was supported by the Board of Supervisors approval of the original Haggerty development, which was approved in 2005 and revised in 2007. The Haggerty rezoning application indicated this land would be part of the open space for the community and was shown as open space on the GDP and the MDP, which was approved in October of 2007. It should also be noted that in 2005 when the property was originally rezoned, the applicant stated that it was their intent to designate the open space to the Parks and Recreation Department for the purpose of public use. This area of open space was designated in recognition of the significant environmental character of the area and as an enhanced area of buffer from the adjacent Opequon Wastewater Treatment Facility. Furtherrnore, the Parks and Recreation Department has recommended that this area be retained for a public park. Site Design The application does include minimal architectural language to address the appearance of structures on the property. However this design element does not fully address the corridor appearance goals of the Comprehensive Plan. The development has not addressed the site layout or landscaping, and the lighting proffer is required by the Zoning Ordinance. The applicant should consider providing additional landscaping along Haggerty Boulevard as enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County and promote a development that is well integrated into the surrounding community. Transportation The site is proposed to be accessed via one commercial entrance on Haggerty Boulevard. Traffic generated from the site is anticipated to be from the residential units within the development due to its location. Staff Note: The applicant should consider eliminating the proposed commercial entrance as shown on the GDP and providing a joint entrance to the area of the park/open space that aligns with the relocated Valley Mill Road (future eastlivest collector). 3) Potential Impacts Transportation Rezoning 1(08-09 — Haggerty Commercial October 6, 2009 Page 6 It is anticipated that impacts from this development will primarily be along Haggerty Boulevard. This roadway is a planned Major Collector roadway and careful consideration should be given to the entrance design, access management, the number of entrances, and necessary turn and taper lanes. The applicant should also ensure that there is no need for additional right-of-way for the future four lane section of Haggerty Boulevard. In addition, while the immediate impact of this application will not be enough by itself to justify additional lane construction, some consideration should be given to the impacts. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader- transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request. Community Facilities The proffer- statement is limited to two monetary contributions in the amount of $1,000.00 respectively to Frederick County for Fire and Rescue and Sheriff's Office purposes. The applicant should ensure that the impacts to all County agencies are addressed with this application. 4) Proffer Statement — Dated November 6, 2008; revised September 24, 2009: A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the location of the proposed commercial site and the proposed entrance. B) Site Development • The Applicant has proffered to limit the Floor to Area Ratio (FAR) of the site to .25 (Staff Note: the BI only allofvs for a 0.3 FAR). • Access to the site shall be via one entrance off of the future Haggerty "Spine" Road (Boulevard). • No building permits will be issued for the property until the site has access to the signalized intersection at Route 7 via the future Haggerty Boulevard. Staff Note: Haggerty Boulevard should be constructed front the signalized Route 7 intersection to the future Last )VBSt collector before buildingpermits should be issued. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant will construct a ten foot hiker/biker trail across the property frontage. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant shall provide street trees along the property frontage at a maximum of 50 foot on center. Staff Note: Rezoning #04-07 did not account for street trees along Iaggerty Boulevard; the applicant should consider providing for street trees or enhanced landscaping along the entire Haggerty Boulevard ROW. • Prior to the issuance of a certificate of occupancy for any building constructed on the property, the applicant shall designate a minimum of ten parking spaces ! 0 Rezoning 1108-09 — Haggerty Commercial October 6, 2009 Page 7 reserved to access a potential future park on adjacent property owned by the applicant. Staff Note: It is unclear whether these spaces are hi a(Mitiotz to the required site parking and this proffer only commits a reservation (trot specified where) for ten parking spaces foi- a poteiztial future pat-k This park (toes trot el"ist and is not proffered with the oi-4�'itzal Haggerty rezoiiitt� application or any other application). C) Design Standards • Any building constructed on the property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dryvit or stucco, other high quality masonry materials, wood, or glass. Additionally, dumpster pad screen wall shall be constructed of the same masonry materials used for the building. (Staff Note: Consideration should be given to the design and location of the parking area, such as parking to the rear of the structure) • Site lighting shall not exceed 25 feet in height. (Staff Note: This is alrea(ly required by the Zoning Or(linance). • All structures shall utilize the same fagade materials. • The design of all buildings shall be in general conformance with the exhibit "Haggerty Commercial -Building Elevation" dated September 15, 2009. D) Monetary Contributions • The applicant shall contribute $1,000 to Fire and Rescue, made prior to the issuance of a building permit. • The applicant shall contribute $1,000 to the Sheriff's Office, made prior to the issuance of a building permit. STAFF CONCLUSIONS FOR THE 10/21/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are not consistent with the Eastern Frederick County Long Range Land Use Plan. The land use plan identifies the Haggerty Property and the surrounding areas with a residential land use designation. Furthermore the previously approved proffered Generalized Development Plan from Rezoning 404-07 for the Haggerty Property as well as the approved Master Development Plan showed the subject area as open space for the residential development. Rezoning #08-09 for Haggerty Commercial does not address corridor appearance, and should consider providing additional landscaping along Haggerty Boulevard and enhanced design standards that would implement the goal of developing an attractive addition to the commercial corridors of the County. Following the required public hearinga, a recominetz(latioit retrarllbig this rezonitiA, application to the Board of Supervisors would be appropriate The applicant should be prepared to adequately address all concerns raised by the Plannhig Commissioiz. • Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF THE HAGGE RTY COMMERCIAL Red Bud Magisterial District September 2009 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 P R+A H • 0 r AMENDMENT Action: PLANNING COMMISSION: October 21, 2009 - Recommended Approval BOARD OF SUPERVISORS: November 18, 2009 M APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-09 OF HAGGERTY COMMERCIAL WHEREAS, Rezoning #08-09 of Haggerty Commercial, submitted by Patton Harris Rust & Associates, to rezone 4.0 acres from the RP (Residential Performance) District to the B 1 (Neighborhood Business) District for Commercial Uses, with proffers dated November 6, 2008, and final revision date of September 24, 2009, was considered. The property is located along the east side of proposed Haggerty Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-212. WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 18, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 4.0 acres from the RP (Residential Performance) District to the B 1 (Neighborhood Business) District for Commercial Uses, with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes.W-09 • This ordinance shall be in effect on the date of adoption. Passed this 18th day of November, 2009 by the following recorded vote: Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux Aye Gary A. Lofton Aye Aye Bill M. Ewing Aye Aye Charles S. DeI-Iaven, Jr. Aye Aye A COPY ATTEST John Ri ey, Jr. Frederick County Administrator PDRes. n45-09 0 0 PROPOSED PROFFER STATEI\ENT REZONING: RZ #� �1 Residential Performance (RP) to Neighborhood Business (B1) PROPERTY: 4.0 acre +/-; Portion of Tax Map Parcel 55-A 212 (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Commercial ORIGINAL DATE OF PROFFERS: November 6, 2008 REVISION DATE(S): September 24, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property oath "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Commercial" dated September 15, 2009. 1. Site Development 1.1 Development of the Property shall not exceed a floor area ratio (FAR) of 0.25. 1.2 Access to the site shall be limited to a single entrance on the future Haggerty "Spine" Road in the general location depicted on the GDP. All entrance improvements shall be subject to review and approval by VDOT at time of Site Plan. (See 1 on GDP) 1.3 No building permits shall be issued for the Property until such time that the Property has access to a signalized intersection at Route 7 via the future Haggerty "Spine" Road as provided by Proffers 13.2 and 13.3 for RZ #04-07, "Haggerty Property" as approved by Frederick County on July 25, 2007. 1.4 Prior to issuance of a certificate of occupancy for any building constructed on the Property that Applicant shall construct a 10' hiker biker trail across the Property Frontage with the future Haggerty "Spine" Road as shown on the MDP. Proffer Statement • 0 I-Iaggerty Commercial 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide street trees along the Property frontage with the Haggerty "Spine" Road. Said trees shall be planted a maximum of 50' on center. 1.6 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall designate a minimum of 10 parking spaces reserved to access to a potential future park on adjacent property owned by the Applicant. In the event the County does not accept the planned donation of the adjacent property for a public park, the Applicant will not be obligated to reserve parking spaces for park use. Any parking space reserved for access to the potential park will be owned and maintained by the Applicant. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry vit or stucco, other high quality masonry materials, wood, or glass. Additionally, dumpster pad screen walls shall be constructed of the same masonrymaterial(s) used for building construction. 2.2 Site lighting shall not exceed 25 feet in height. 2.3 All structures erected on the Property shall utilize the same facade materials ui order to promote a cohesive development pattern. 2.4 The design of the any proposed buildings located on the Property shall be in general confonrnnce with the attached exhibit entitled "Haggerty Commercial — Building Elevation" dated September 15, 2009. (See Exhibit A) 3. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. Escalator Clause 4.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 30 mondls after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2 of 3 Proffer Statement • 0 Haggerty Commercial Respectfully subnutted, The By: Date STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The forego' instrument was acknowledged before me this day of SE , 2009, by ?D Q r cl tl o lU p_y My corlirussi n, pines Notary Public `- f'VI �'� h t�� 12,c�-9• IT- 15 qq7 tii Page 3 of 3 N M FWSA kl OPEQUON O WW1 w Q Ql SITE ENTRANCE E K 9ST PROJECT N R C. SITE o_PEQUO ..cot c _ 14AGGERTY PROPERTY Patton Harris Rust & Associates GENERALIZED DEVELOPMENT PLAN Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Haggerty Commercial T 540.667.2139 F 540.665.0493 DATE. 9/15/09 1 1 SCALE: 1 = 400' t� • 0 L. G L o 4 &.4;. Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 5 1 6 N A 6 L � BUILDING ELEVATION Haggerty Commercia EXHIBIT A DATE: 9/ 15/09 PREVIOUS PROFFERS FOR REZONING # 04-07 PROPOSED PROFFER STATEMENT REZONING: RZ. # D 4 _ O--�- Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06; 3/22/07; 5/16/07; 7/2/07; 7/10/07;7/17/07 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict coil forinance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on die day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include die day following entry of a final court order affirmulg the decision of the Board xlilcli has not been appealed, or, if appealed, the day following whicli the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at die time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall Include within Its meaning all future owners and successors in interest. When used in these proffers, die "Generalized Development Plan," shall refer to die plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include die following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement 9 • Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance Nvith applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a nixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maxununl dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period withal the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaiiing certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle bail system to Department of Parks and Recreation standards that links residential and open space areas within die development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board die sum of $707.00 per dwelling unit for fie and rescue purposes, payable upon the issuance of a building permit for each single family attached unit-. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Proffer Statement 0 • Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling un-lit for school purposes, payable upon the issuance of a building pernnit for each single family attached uinit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single farnily detached unit. 6.2 The Applicant shall contribute to the Board the surn of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building periruit for each single f unily attached unit. 7. LIBRARII3S: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building pernnit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit-. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sumi of $50.00 per dwelling unit for the Sheriffs Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the I3oard die sum of $200.00 per dwelling unit for constriction of a general governrricntal administration buildiing upon issuance of building pernnit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that map be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be requured for such I IOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an I-IOA shall have tide to and responsibility for (i) all common open space areas not othcrwisc dedicated to public use, (ii) colrunon buffer areas located Page 3 of 8 Proffer Statement • • Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of ,vhich buffer areas shall be located within casements to be granted to the I-IOA if platted within residential or other lots, or otherwise granted to the I-IOA by appropriate instrument and (v) responsibility for payment for maintenance of streedights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for I-IOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential dcvclopnncnt. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting tine Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the recluiements of the Frederick County Salutation Authority ("tine FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implcnncnt the Scnseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment ulnits on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection Nvitln the FWSA Opcquon Sewer Plant property line. T he water main will be installed and serviceable before die 101" building pernnit- is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with die Virginia Stormwater Management Regulations, First rd. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of aIIy such faculty. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Proffer Statement 10 • Haggerty 13.2 The Applicant shall construct ,I North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown betwecn Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as ,I rural undivided (R2) cross section with curb and glitter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to issuance of the 15151 building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those itmprovennents necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, Including Route 7 improvements with turn lanes, pursuant to VDOT specifications ,Intl approval. The Applicant shall further enter into ,I slgnaltzatson agreement with VDOT for said intersection. Said Improvements shall be completed prior to issuance of any building pernvts. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an Fast -West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an Wright of way and (ii) provide a landscaped buffer or road efficiency buffer -is defined in the Fredelic,C Cony Zouiug Ordinance. The Last -West collector road shall be designed to accommodate the future Route 37 fly -over bridges. (See 5 on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on die adjoining property to the north prior to submission of engineered plans for the Fast -West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct die southern two lanes of a U4D roadway from Point D to Point F as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225"' building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederic. County Zoitiug Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Statement • • Haggerty 13.4.2 In die event that 40' of right of way is not dedicated on the adjoining property to the nordi prior to submission of engineered plans for the East-West collector road to the County, die Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U4D roadway from Point D to Pouit 13 as generally shown on the GDP. Said roadway shall be constructed prior to issuance of die 225°i buiilchng permit. Additionally, die Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a niahitnum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The Final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on die GDP will be su.tvcycd and platted. The Applicant will cause the dedication of this right of way at no cost to the County widen 90 days of request by die County. All plats depictuig the VA Route 37 right of way shall note that die roadway is En-rited access. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of die proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on die GDP. At least 3 trees are to be planted for each 10 linear feet of easenhcnt and arc to be 4 feet in height at tune of planting. The infix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to die North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of die "spine" collector road constructed in die Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement • 0 Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in die Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in tie amounts as stated hereiil. Any monetary contributions set forth in the Proffer Statement which are paid to tie Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the tune contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after tie approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct all Inter -parcel connector to provide access to the adjoining properties to the south and cast in die general location depicted at Poll -it 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of die Property as previously depicted on die approved Master DevelopIhhent Plan for die adjacent Twin Lakes developilheIit. The newly proposed inter -parcel connection as shown at Point 8 on die GDP shall also be depicted on the Master DcvclopillcIlt Plan to be submitted for die Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON TIIE FOLLOWING PAGES Page 7 of 8 Proffer Statement 0 • Haggerty Respectfully submitted, The Canyon, LC By: i Title: Mann STATE OF VIRGINIA, AT LARGE FREDERICK COUNTS', To -wit: The foregoing instiul it'vas aclmowlcdgec bcf n re/e tills / / day of 2007, by Nly conuiussion xpires Notai�, Public LT — Page 8 of 8 0 10 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 February 20, 2009 E-mail: rwillia@co.frederick.va.us V_IA FACSMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Haggerty Commercial Property — Proposed Rezoning — Proffer Statement dated November 6, 2008 Dear Patrick: You have submitted to Frederick County for review a proposed proffer statement dated November 6, 2008 (the "Proffer Statement") for the Haggerty Commercial property, Parcel Identification Number 55-A-212. Specifically, the proposed rezoning for which the Proffer Statement is submitted contemplates the rezoning of 4.0± acres (the "Property") of Parcel Identification Number 55-A-212, in the Stonewall Magisterial District, from the RP (Residential Performance) District to the B1 (Neighborhood Business) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: The application materials will need to include a survey showing the precise boundaries of the requested zoning classification, in particular seeing as how the Property is only a portion of an existing tax parcel. See Va. Code § 15.2- 2285(A). Figure 2 of the Impact Analysis Statement shows the dimensions and orientations of the boundaries of the Property on a topographic map, but does not include measurements from any other boundaries or from fixed features. The Applicant will want to review and update the list of adjoining property owners, to include all parcels, including those in Clarke County, that abut Parcel Identification Number 55-A-212. Where an area to be rezoned has not been subdivided of record, the parcel involved in a rezoning action is the entire parcel which contains the area to be rezoned. See Va. Code § 15.2- 2204(B); Lawrence Transfer & Storage Corp v Board of Zoning Appeals, 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers February 20, 2009 Page 2 229 Va. 568, 331 S.E.2d 460 (1985). According to my review of the County's GIS records, the adjoining properties, clockwise from due north, are: Parcel Identification Numbers 55-A-174, 56-A-18, 55-A-212A (wholly surrounded by 55-A-212), 65-A-195, 55M-2-9-14, 55-A-209, 55-A-21 1, 55-A-210, 55-4- 4A, 55-4-3, 55-4-2, 55-4-1, and 56-A-19. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincere , Roderick B. Wil is County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development CO Y of-y+�2LDrRICK Depdrtment of Planning aird Development 540/ 665-5651 FAX: 5.40/ 665-6395 TO: Patrick Sowers FROM: Michael T. Ruddy, AICP Deputy Director RE: Initial Comments — Haggerty Commercial Rezoning Application DATE: December 3 i , 2008 The following points are offered regarding the Haggerty Commercial Rezoning Application. This is a request to rezone four acres from. RP with Proffers to B1 with Proffers. Please consider the comments as you, continue your work preparing the application for submission to Frederick County. Please ensure that these con-irrients and all review agency comments are adequately addressed. Land Use. The property is located in the UDA and SWSA. However, the property is in an area that is not planned for commercial development. The request ;s not in conformance with the Eastern Frederick County Long Range Land Use Plan which identifies locations of future land uses and specifically commercial land uses. In addition, the property was part of the original Iiaggei'i} Developir�ent, a residential. project approved in 2005 and revised in 2007. The Haggerty rezoning application proffered that this land would be part of the open space for tiie comirunity. This area of open space totals approximately 15 acres in size 'and Was designated in this area in recognition of the significant environmental character of the area and as an enhanced area of buffer from the adjacent Opequon Wastewater Treatment Facility. Please demonstrate that no more than 50 percent of the required open space is within environmental areas. General. Future commercial rezoning, in particular BI rezoning requests. should provide for enhanced design standards which would implement the goal of developing an attractive addition *to the commercial corridors of'the County and promote a development that is well integrated into the surrounding? community. 167 North Kent Street, Suite 202 Wincliester, Virginia 22601-5000 Initial Comments — Haggerty Commercial Rezoning Application December 31, 2008 Page 2 Particular effort should be made to provide for enhanced design of the project should it be deemed to be appropriate for this location. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Transportation. Access management along the future Spine Road should be a consideration. An additional entrance onto this road should be avoided if at all possible. Access to this site should address entrance spacing and location issues for access on a Major Collector Road and should recognize the complicated connection between the Spine Road and the Bast West Connector Road immediately east of fixture Route 37 in this general area. The timing of any development of this site should reflect the timing of the improvements provided for with the original Haggerty rezoning. This should be addressed in the proffer statement. This application is encouraged to think about providing access to the preserved area of open space for the benefit of the residents of the area. Bike and pedestrian accommodations should be a consideration with this request. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. Such an approach should be considered with this request relative with the scale of this request. Proffer Statement. The proffer statement is limited to providing for a PAR of 0.25 for the development of the property and two monetary contributions in the amount of $1,000.00 respectively to Frederick County for Fire and Rescue and Sheriff's Office purposes. I would suggest that the proffer statement be revisited to address some of the issues and impacts identified in this and other review agency comments. A generalized Development Plan may also be a useful element of the proffer statement. Once again, please ensure that all review agency comments are adequately addressed. MTR/bad Patrick R. Sowers om: Funkhouser, Rhonda [Rhonda.Fun khouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] ent: Thursday, January 08, 2009 2:53 PM To: Patrick R. Sowers Cc: Hoffman, Gregory; John Bishop; Smith, Matthew, P.E. Subject: Haggerty Commercial - VDOT Comments to Rezoning Attachments: SCN_20090108134620_001.pdf SCN_20090108134 620_001.pdf (80... The documentation within the application to rezone this property appears to have a measurable impact on Route 7. This route is the VDOT roadway which has been considered as the access to the property referenced. • VDOT is satisfied that the transportation proffers offered in the Haggerty Commercial Rezoning Application dated November, 2008 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Oank you for allowing us the opportunity to comment-. <<SCN 20090108134620 001.pdf>> Gregory T. Hoffman, Supervisor Virginia Department of Transportation Edinburg Residency - Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone ;#(540) 535-1824 Fax 1'1(540) 535-1846 From:LIFESAFE ID 11/17/2008 12:18 #503 P.001/001 vInriN'IA . Control number Date received RZOB-0017 11/7/2008 Project Name Haggerty Commercial Rezoning Address 117 F Piccadilly St Suite 200 Type Application Rezoning Current Zoning RP R Automatic Sprinkler System Automali No Other recommendation • Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes 0 City Winchester Tax ID Number 55-A-212 Date reviewed Date Revised 11 /17/2008 Applicant Patton I larris Rust 8 Associates State Zip Applicant Phone VA 22601 540-667-2139 Fire District Rescue District 18 18 ccommendations c Fire Alann System No Hydrant Location Not Identified Roadvray/Aisleway Width Not Identified Reviewed By J. Neal Election District Red Bud Residential Sprinkler System No Fire Lane Required No Special Hazards No Signature Title 0 0 AV V . 'COUNTY of FR)<DERICK :Departmerit;of Pdblic Works '540/665-5643 FAX.540/678-0682 'September 24 ;2009 'Mr Patrick Sbwcfs,•A1CP' ,Patton 14arris.Rust k,Associates, P.c, 117 E. -P,iccadilly Street Winchester, Vi'rginia'22601, IZE. Rezoning- Application for I-Iaggerty- Commercial Frederick County. Virginia- 0 Dcar Patrick: • We have'conipleted our. review -of the proposed,rezo.ning for, four (4) acres•of the previously, pprfdved'I-Iaggerty,'developiiieiit from RP`to,'B--1- Based oii�thislreview we recommend that Figure 2be;revise8 io reflect the previous'I.Iaggci�y developmeni'boundaries: Algo,.tbelann6tated FOtuPe P$69c1 Opequon.Ms�6 ing i actifally-thb,pfevi6Ugly -refeirehced Haggerty development. It'will not;be:necessaly to resubmitithis'application. However, we would appreciate a revised copy�of Figure ?. Siiicerely /'. I-Iarvey-E. Strawsnydcr,jr •Di'rectopof Public Works I r,' /rls cc: Planning and Development file "FARhonda\Tr•.AIPCOMMENTSMA.GG GRTYCOMMERCLALR[;Z OMAbc 107 North Kent,Street ' W.inchester,' Virgirlia.2260T 5600 0 u C: • r-I L_J Rezoning Comments Haggerty Commercial Mail to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 (540) 665-5650 Frederick County Inspections Hand deliver to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the infonnation as accurately as possible in order to assist the Frederick County Inspection's Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 C. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located along the east side of future Hagerty Boulevard, approximately 2,000 feet south of intersection of future Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: B 1 Acreage: 4.0 Inspec-\tion's Comments: Signature & Date: I lolo,(� Notj to Inspections— Please Return This Form to the Applicant J ' V [1 - r' NOV 0 7 2008 fREOFRIC{{ COUNTY PUBLIC vlom INSPFCYIONJ 0 P • Rezoning Comments Haggerty Commercial Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: EngineeI' 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 r :n 1 Is ,.Ihcr p tincnt inifloi"►?� atic,'a. .. .. ,s.a�cviu..ii a, iiiii�i:i�f i yo"i , and is wuJ c1< Applicant's Name: Patton Harris Rust & Associates, Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667-2139 1 NOV - 7I- The Property is located along the east side of future Haggerty Boulevard approximately 2,000 feet south of intersection of future Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: B 1 Acreage: 4.0 Sanitation Authority Comments: W61q r 7, /,=O/? `z?R&E5,5--10 -^i`� �,JX i riY'� 7; 6 2/0/f/ Sanitation Authority SlgnatUre & Date: C'i G Lit c' ��'- /0 OV06 Notice to Sanitation Auth6J-i — Please Return This Form to the Applicant 8 0 0 • Rezoning Comments Haggerty Commercial Frederick-Wlncllester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 e ,fill out the infonnation as accurately as ;possible in order to.'assist the, Applicants . Pleas 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 Mailing Address: Location of Property: Patton Harris Rust & Associates, ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 S E P 4 2009 The Property is located along the east side of future Iaggerty Boulevard, approximately 2,000 feet south of intersection of future Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: B 1 Acreage: 4.0 Fred -Wine Authority's Comments: ft Fred-Winc Service Authority's Signature & Date: �ia1�/hv Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 15 0 0 • L' 0 Rezoning Comments Haggerty Commercial Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 I-Iand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Deparhnent with their review. Attach a cony of your application firm, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located along the east side of future Haggerty Boulevard, approximately 2,000 feet south of intersection of fixture Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: B 1 Acreage: 4.0 F� Frederick — Winchester Health Departinent"s Comments- WW Signature & Date: , o , Z / Q Notice to Health Department — Please Return This Form to the Applicant RECEIVED 1`06V 1 G 0 1] • • RezoningT Comments Haggerty Commercial 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"" Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks ,& Recreation with their review: Attach a copy of your application form, location map, proffer statement, impact analysis, and'any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 B. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located along the east side of future Haggerty Boulevard, approximately 2,000 feet south of intersection of future Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: 131 Acreage: 4.0 Dept. of Parks & Recreation Comments: The Parks and Recreation Dept. commented on the MDP April 13, 2007 and recommended this parcel be retained for a public park. The Parks and Recreation Department would further recommend this parcel be retained for a public park as was recommended i Please see the attached comments that were previously -subipitt d SignaLUre M Date: " Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant 6 • HAGGERTY PROPERTY MDP COMMENTS 4/ 11 /07 • The revised Master Development Plan (4/10/07) appears to meet open space and recreational unit requirements. Staff recorrmnends the 12 acre area identified as Potential Future Non Residential Development be offered as a public park, less the storm water management pond and the entrance road and cul-de-sac. This area would provide residents with centrally located open space, and is large enough to allow for development of a neighborhood park. Some of the facilities that could be offered in a park on this site would include: temus courts, ball diamond, horseshoes pits, volleyball court, playground equipment, basketball courts and picnic facilities. • The revised plan has addressed the maintenance and upkeep of the proposed public bicycle/pedestrian trail system by stating that the trail system is to be owned and maintained by the HOA and shall be open to the public. • The typical section of the bicycle/pedestrian trail meets requirements. • The relocation of the bicycle/pedestrian trail, as indicated in this revised plan, • appears to more adequately meet the needs of the future residents of this development and adjacent communities. • The connections provided to the Twin Lakes Trail and the Adams property offer the trail connectivity which will promote increased use and contributes to the development of a comprehensive trail system for this area of the county. M. Doran, Director 0 2009-Sep-10 09:15 N1 Frederick County Public School 5406624237 212 Paae 1 From: Wayne Lee To: Patrick. Sowers Date: 12/2/2008 4:48 PM Subject: Haggerty Commercial Patft, Frederick County Public schools offers no comments on the Haggerty Commercial rezoning application. Thank you for the opportunity to comment. Wayne Kenneth Wayne lee, Jr, CZA Coordinator of Planning and Development Frederick county Public schools 1415 Amherst Street P. 0, Box 3508 Winchester, VA 22604-2W leew®fredeft,ki2.va,us (ofrice) 540-662-3U9 x88249 (fax) 5404662=4237 (cell) 540-533-3745 • �J 9 Rezoning Comments Haggerty Commercial Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact ;analysis, and any other pertinent i.nfor mation. Applicant's Name Mailing Address C7 Location of Property: Patton Harris Rust & Associates, ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 The Property is located along the east side of future Haggerty Boulevard, approximately 2,000 feet south of intersection of future Haggerty Blvd and Route 7. Current Zoning: RP Zoning Requested: B 1 Acreage: 4.0 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date: F Notice to Winchester Regional Airport — Please Return This Form to the Applicant LJ s SERVING EHE TOP OF VIRGINIA / \THOR�i February 3, 2009 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comments Haggerty Commercial Red Bud Magisterial District Dear Mr. Sowers: The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the Bean Property. Neither the location or the elevation of this site requires a 7460-1 to be filed with the Federal Aviation Administration, however it does lie within the air space of the Winchester Airport. Due to its proximity to the airport, property owners may experience aircraft fly -over noise from aircraft entering into or departing the flight pattern from the North. Special considerations will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this rezoning request. Sincerely, 6PM S. R. Manuel Executive Director n U E VIA FACSMILE (540-665-0493) AND FIRST-CLASS MAIL COUNTY of FRRDRRICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 February 20, 2009 E-mail: rwillia@co.frcdcrick.va.us Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Haggerty Commercial Property — Proposed Rezoning — Proffer Statement dated November 6, 2008 Dear Patrick: You have submitted to Frederick County for review a proposed proffer statement dated November 6, 2008 (the "Proffer Statement") for the Haggerty Commercial property, Parcel Identification Number 55-A-212. Specifically, the proposed rezoning for which the Proffer Statement is submitted contemplates the rezoning of 4.0± acres (the "Property") of Parcel Identification Number 55-A-212, in the Stonewall Magisterial District, from the RP (Residential Performance) District to the B1 (Neighborhood Business) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: The application materials will need to include a survey showing the precise boundaries of the requested zoning classification, in particular seeing as how the Property is only a portion of an existing tax parcel. See Va. Code § 15.2- 2285(A). Figure 2 of the Impact Analysis Statement shows the dimensions and orientations of the boundaries of the Property on a topographic map, but does not include measurements from any other boundaries or from fixed features. • The Applicant will want to review and update the list of adjoining property owners, to include all parcels, including those in Clarke County, that abut Parcel Identification Number 55-A-212. Where an area to be rezoned has not been subdivided of record, the parcel involved in a rezoning action is the entire parcel which contains the area to be rezoned. See Va. Code § 15.2- • 2204(B); Lawrence Transfer & Storage Corp. v. Board of Zoning Appeals, 107 North Kent Street • Winchester, Virginia 22601 • • Mr. Patrick Sowers February 20, 2009 Page 2 • 229 Va. 568, 331 S.E.2d 460 (1985). According to my review of the County's GIS records, the adjoining properties, clockwise from due north, are: Parcel Identification Numbers 55-A-174, 56-A-18, 55-A-212A (wholly surrounded by 55-A-212), 65-A-195, 55M-2-9-14, 55-A-209, 55-A-211, 55-A-210, 55-4- 4A, 55-4-3, 55-4-2, 55-4-1, and 56-A-19. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincere , Roderick B. Wil is s-' County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development 0 • TO: Patrick Sowers FROM: Michael T. Ruddy; AICP Depute Director • COUNTY of PREDERICK Departinent of Planning and Development 540/665-5651 FAX: 540/665-6395 RE.- Initial Comments — Haggerty Commercial Rezoning Application DATE: December 31, 2008 The following points are offered regarding the Haggerty Commercial Rezoning • Application. This is a request to rezone four acres from. RP with Proffers to 131 with Proffers. Please consider the comments as you continue your work preparing the application for submission to Frederick County. Please ensure, that these comments and all review agency conllllents ar-c adequately addressed. Land Use. The property is located in the UDA and SWSA. 1towever, the property is in an area that is not planned for commercial development. The request is not in conforrnallce with the Eastern Frederick County Long Range Land t.1se Plan which identities locations of future land uses and specifically commercial land uses. 111 adL11t1J]"1, the property was part of the ortoinal Ila.l,ber(j• DCvefopi-nen a residential project Approved in 2005 and revised in 2007. The 1aggerty rezoning application proffered that tins land would be part of ,he o;�cn space f01' t11C C01111TAMity. This area. of open space totals approximately 15 acres In sire and ,vas designated i11 this area in recognition of the si-nificant environmental character of the area and as an enhanced area of buffer from the adjacent Opequon Wastewater 1I,reatnnent Facility. Please demonstrate that no more than 50 percent of the required open space is within environmental areas. General. Future con-a-aerciaf rezoning, in parftLllar B I rUODing 1 eclLlesiS, shotdcf provide for 40 enhanced design standards which would i111pIc*inent the 1go,al of ?eNeloping an .attractive addition to the commercial corrid'Ors �7i "the County ai .1 promote a developly1cnt -1 t JS well integrated into the Surrounding comr(lunity. 107 North Kent Street, Suite 202 •, Winchester, Virginia 22601-5000 • Initial Comments — Haggerty Commercial Rezoning Application December 31, 2008 Page 2 Particular effort should be made to provide for enhanced design of the project should it be deemed to be appropriate for this location. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Transportation. Access management along the future Spine Road should be a consideration. An additional entrance onto this road should be avoided if at all possible. Access to this site should address entrance spacing and location issues for access on a Major Collector Road and should i ecognize the complic',ued connG.Ction bclwe ri the ad and the East West Connector Road immediately east of future Route 37 in this general area. The timing of any development of this site should reflect the timing of the improvements provided for with the original Haggerty rezoning. This should be addressed in the proffer statement. This application is encouraged to think about providing access to the preserved area of open space for the benefit of the residents of the area. Bike and pedestrian accommodations should be a. consideration with this request. On recent rezonings, other projects have contributed additional funding for transportation improvements in the general area of their requests. This has been done in recognition of the need to address the broader transportation improvements in the developing areas of the County in addition to the specific improvements they may be proposing. fiuch an approach should be considered with this request relative with the scale of this request. Proffer Statement. The proffer statement is limited to providing for a FAR of 0.25 for the development of the propenLy anal t%', i monetaly coi,tfib!.t; i`ls 000--00 :"=;C`;GtiV,l.., �a Frederick County for Fire and Rescue and Sheriffs Office purposes. I would suggest that the proffer statement be revisited to address some of the issues and impacts identified in this and other review agency comments. A generalized Development Plan may also be a useful element of the proffer statement. Once again, please ensure that all review agency comments are adequately addressed. MTR/bad C7 r 1 Patlon Harris & Associates • SEP 2 5 2009 25 September 2009, I Mr. Michael Ruddy, - - Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Haggerty Commercial Rezoning Application; Response to Comments Dear Mike, PhTo accompany the application submission for the Haggerty Commercial rezoning, I have provided below a response to all comments made by review agencies. Our responses are as follows: III>l�llll lrlll��eZ�'�0 1>!IL'lll �l�li� c Rnrld, AICP) v:a:::• OFF CES Land Use /. The proper�l is localed in lbe UDA and SINA. However, Me properly i.r in /be area that is nol planned for eonrlrrercial d velopnnenl. The r'egrresl rs Iro/ in eor�or%trance )vrlb lbe Baslern I'rederick Corral), Long Range Ilrnd Use Plan rvbic'h rdenlrlres localrons of f dure laird ases and .0ecifkaljF co»>nrercmlland uses. If there is the potential for approximately 700 residential units within the vicinity of the area between Haggerty, Opequon Crossing (pending rezoning), and Twin L-a;::.-c:IES Lakes Phase 10, it would seem appropriate to provide a small commercial node that could provide services to these residents. Creation of this small area of neighborhood commercial would allow these residents access to commercial OFFICES goods and services without the need to access Route 7. - In addition, Ibe propel J, )vas panl of Ibe original I -la Berl}� Dcuc%/»Ircnl, a reriderrlial j�lo�ccY rrpprovcd in 2005 and leviscd in 2007. The 1-Iagger�, rezoning applicalion prol/ered /ha/ Ibis land would be earl of the open space for the conrnlunil,- 76i.r area of open space lolals approtilnaleJ, 15 acizu in si,,e and was de."Tialed in Ibis area in recognition of'lhe srgnifrcanl er Vilownenlal cbcnrn•ler of"!he area and as cur enhanced area of br f r fioln lbe a(Ijaeenl Opegrron OFFICE IVaslovaler T realnrcnl F`aciliol. Please delnonsh'ale Mal no wore Man 50 perccnl of"/he required open space i.r wilhin enVironnlenlal areas. T r''7 21 3 'Me revised proffers would be binding upon a four acre portion of the previous ' C` ' Haggerty Rezoning. We feel a small area of neighborhood commercial use would ^, ;, _ Sheet act as a buffer/transition area between the residential uses and the adjacent Opequon Wastewater Treatement Plant. As the area ui environmental features for the HaggertyMDP totals 7.64 acres and the area in open space is 33.54 acres, the site is well below the 50% threshold for portion open space with environmental features. General Pulrlre cornalercral ivf oning, in particular B / ieZoni»g requests, should provide for enbanced design s/andeirds which would illiplemenl /he goal of' deve1opillg an allradive addition to the collil7lercial conidois of the County and promole a dew1oplllell/ Mal is well illlCgrzrlC!( 11110 IIJC f111101111!(Illg c'olnll1nn y, ParYicidar efforl .rholr/r( be made to provir(e for enhanced rle.rign of /he project should it be deemed to be (rppropriale la lIJIJ' Iocalloll. LlrJll(I'CCJping, lighling, and but/ding layonl crnrl form should be crrl e/rr ), planned /o ensine Mal /his is achiel)erl The revised proffer statement includes a building elevation, design materials PWi A palette, and linuts on lighting height. Transpor /alron flcCe.fJ' 71J1I71agelvelll along the fame Spine Road should be a consideration. An addilioual enlr•ance onlo /Ills road should be aivided 11' al all possible. Access to /his slle should address enlrance spacing and localion i sues for access on a [/Major c'ollec'lor• Road and should recogn' lbe comp/icaled conneclion between the Spine Road and lbe Gasl Vesl Connec'lor Road illilliedialely cast of)inure Rolle 37 in lhlsgeneral area. The revised proffer includes a GDP which linuts the site to a single entrance that is located on the northern side of the site to ensure the entrance is as far as possible from the proposed connection of the Spine Road and East-West Connector. 2. The /imillg of aiy deve%pl7leill of /his site should re%%c/ the /Ilwill of /he Illlpl•oileInews ploillded for il�ilh NJe origilla/ I-laggery retioning. This should be addressed in the prq§/ r slaleiwe 1. The revised proffer requires completion of the Spine Road/Route 7 improvements before any building permits are issued. 3. This appllG'!l/loll is CI1co11171ged to /hulk abolll proUlding access to the pr•eseiwed al ea of open space for /he benyil of /IJe ivsiden/s in /he area. The revised proffer provides for a parking area for County residents to use to access a potential 34 acre park along Opequon Creels. The Applicant is proposing to donate this park separate from the rezoning process and hopes to reach an agreement with Frederick County Parks and Recreation. 4. Bike and pede,f/Tian ac'commodalions should be a consideralion wilh /hir requesl. A hiker/biker trail will be constructed across the property frontage in keeping with the original plans for the Haggerty Property and the Spine Road. 5. 011 recent r•e pil'rlg, other priyeas hlrrle collliibllled additional flrildiilg for• liviiiPorlalim ivipr•oi)evi Ills lit lhegeiienil area of their r•eques1s. 1llls has beeil 1Ime nl recgiiilroll of Me ileed to address the broader• InnIsporlalim ivlprovcnlcn[s in the developing areas of•Jhe Colnry ill addition /o !be spec fic inlpror elueu/s /h91lrrry be piopo.ring. Such an approach should be considered ivitb JGis requcsl r elalii e with Jhe scale of Ibis request. We feel this application would serve to only keep traffic off Route 7 by providing commercial goods and services to residents in the adjacent developments. As such, we believe the application would have a positive benefit on transportation and therefore would not warrant a monetary proffer. Pro(Icr SJalellleld PH/. 1'hc /pro(%r .rtalcnreuJ is /illriled to prorrirlin,g far• a Tf11Z of 0.25 for Ibc deieloplielil of•tbc propery and Jrvo nloiielaq, conlribrllioils i11 Jhe aalowil of wSI,000.00 respectively to Frederic,- Colley for Fire aid Re,rcne rnid Sheriff's Of%ice plapares. I wolrld suSgesl Mal the proffer• slalclimil be rwislled Jo address so111C of /he i.rrllc,r and inlpaclr ldenlrficd in this aril other review agenq, corllniews. A geiiert .ed Deivlop ieW Plan wqy also be a llscfid eleview of the proffer shilelimil. The monetary proffer to the Sheriff's Office and Fire and Rescue has been maintained. The revised proffer statement does include a GDP to aid in review of the application. TU17111111ve>l11�111e11t OfT>1111s>ol2lll'1011 (Glzg 1-I ofJiriau) /. VDO I' is sali.yled lhal /he Iiailspor•Jalloll proffers o(fired fu the I-Iaggery Co111 ien-lal RC�mhlg appliccrlim doled Alouellrber, 2008 address Jrall.sporlalioli concenis asrocialed )idlh this request. Acknowledged. TY/111c1 esterRe,a&m r1A11�>ol(Serena R, rlll ailliel) Neilher the localiou or the elcurrtim of • this .rite requires a 7460- l to be filed lviih Jhe Federal Ailalloll fid111i/lisll'alim, hm)eivr• 1l does Ile iinlhnl the 1r11• ,Dace of the Ilxnlchesler• Ahporl. Dite to l/s pr•o.Ylllny Jo Me ruiporl, propery orviien* 11rr0, experience aircraflfh over noise fionr aircrcft entering into or departing Ibe %fight palleni from Jhe Norlh. Special coiisideralims will nol be requested Iy the IVilicheslerRegioualAilparl. Acknowledged. 0 • F>eo'e>rck Col<I t JI10171ey (Roderick I Vi//ialmi) 7be applacallon malerialf will need to include a suivy sholvilrg the precise boundarie,f of /he r'eCIIlC.f/CCl �-,,olllllg c'Ial fsol'lrlloll, 111 �llrllcldllr' ,I'CCillg l!J' /loll/ /hC P1'OrClly i.l' oll�, a porllon of (in C uslillg lax parce% See I/a. Code g 15.2-2285(fl). Fignr e 2 0/* Me Impacl Anq jhsis Slalemen/ shows the dimensions and olienlalions of the boundaries o/' the Properly on a lopogrnjlh1c map, bul does not include llleasureme» s from any olher boundaries of from fixed /iallu es. The application package includes a deed for the parent tract and zoning boundary exhibit for the subject four- acres. �! 2. 1Ile Appliearll will will!/ to r'Cl/lei!, and updale the #s/ of all oining ��rorell} olvncl:r, /o include a// PHpareels, including lhose in Clarke Conu/y, Thal abut Parcel Idenlificalion Number 55 A-2I21, 1Fhere an area to be rationed has no/ been subdivided o/record, /he parcel 11 mated 111 a reolllllg action is the Crl/ir'e parcel which contains the area to be iv,,oneal See Va. Code § 15.2-220403); Lgwrence T an.ff r e% Slorage Cor.J. 1). 8oard ol'Zoning Appeal, 229 Va. 368, 33 / S.E.2d 460 (1985). According to no, review o/' the Coumy',f GIS records, the adoining p oper'lies, Clockwise frog» drle roll/J, are: Parcel Identilicalion Numbers 55-/1-/74, 36f1-18, 55f1- 2/2f1 (lobo/J' S1117ounded 1:9, 55/1-212), 63-/1-195, 33i1I1-2-9-14, 55/1-209, 55/1-211, 55/1-2/0, 5544f1, 554-3, 554-2, 33-4-1, and 56/1-19. Application and list of adjoiners has been revised accordingly. Fiea'elzck Colrllt.yDeprlltlllelltofPW< Trlwhs (1-larvq, L'. Slrawu!),der, Jr:, P.E.) I. Based on this review we recommend /bal 1'ignrl 2 be rcrosell to re17ea /he previous 1-(aggery Cleve/ojJmcnt bomldarrie.r. Also, the arlllo/alcd 1='Ir/ure Phase 1 Opegllolr Cro.ffirrg is ac/lI I/y/ the previonsj, referenced 1-Iagger/} deuclopnrenl. Application revised accordingly. Flede>rck Co1�IX Filr JKm-1%--11 geJJ; ey Neal) Plan approval recommended. Acknowledged. Fleae,gC,k Co1111tE SIIIy?mI'loll Alltf o., (John Wlhilacr'c) The /lulhoii�, has sggicienl haler anal .fewer wpacily to sen)e thi.f area. lValer jlress'lle for donleslic ser»ire and /ire jJrotecliou nigh/ bean issue. Acknowledged. • 0 Fie�'e>zck — I >Icl esterh'e�rltl> De <r>t»re>rt (Do/r,g D, ile)) Heallb Depar/meni bas no o/yeclion if public 11.,aler and seiner are pror)ided.. Permits are required for rerlalrranls and bolelr/molels. Comae/ /his office for pemlil requireme»/s. Acknowledged. F>ede>ck CorrlrtyDeprr>�'llrelrtofPm& �y1d,Rec>e�rtlo>r (11lallbem 1-Ioll) The Parks and IZec7ealloii Depl. conln1e11led on lbe A11DP April 13, 2007 and lecovInlended Ibis parcel be relaiuerl for a public park. The Parks awl Reclealim Dcparlmenl lvould fi11/her recommend T� /his parcel be relairied for a public park as ii)(is r'ecomlveiiced in 2007. Please see the allached c'olillllenIs /hill mere prePiollJj'submllled. The Applicant is willing to donate an approximate 34 acre area to Frederick County for Parks and Recreation purposes. This potential passive park area has been presented to the Parks and Recreation buildings and grounds committee and the Applicant intends to donate the 34 acre property to the County outside of the rezoning process. This rezoning application provides for parking and access to the potential park area. Flelhe>7Ck C01111t11I1rS ectr011S Qobn Trenao) No collimews al Ibis lime. Colnnieuls shall be made al .rile plan sid willal. Acknowledged. I hope that these responses aid in the review of the application by Frederick County Staff as well as the Planning Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R. Sowers, AICP PRS/ld Enclosure 0 IV. AGENCY COMMENTS 0 9 0 HAGGERTY COMMERCIAL PROPERTY - IMPACT ANALYSIS STATEMENT • September 2009 The Haggerty Commercial Property is a 4.0 acre portion of TM 55-A-212 which was originally rezoned to the RP (Residential Performance) District for residential uses in 2004 with a proffer modification for road layouts approved in 2007. The residential rezoning provided for up to 300 residential dwelling units. The subject 4.0 acres is located at the northern most portion of the I-aggerty Property, east of future Haggerty Blvd. Currently, the subdivision plans for the 300 units at Haggerty would result in open space that is in excess of the 30 percent required by ordinance. As such, the Applicant has proposed to rezone a 4.0 acre portion of the excess open space area to the B 1 (Neighborhood Commercial) District to create a small retail node that would serve the needs of the Haggerty Property and other surrounding residential uses within close proximity to the site such as the final phase of Twin Lakes or the potential future development on the 70 acre residential area formerly known as Opequon Crossing which is currently in the rezoning process. SURROUNDING PROPERTIES t figure l indicates the project location. North of the subject acreage is the existing Opequon Wastewater Treatment Facility. East of the subject area is Opequon Creek and the Frederick County/Clarke County boundary. West and South of the proposed rezoning is Phase 1 of the Haggerty residential development zoned RP. • LAND USE • The Haggerty Commercial Property is located wholly within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) of Frederick County and has an undefined use per the Eastern Frederick County Long Range Land Use Plan. As the proposed rezoning is approximately 2,000 feet south of Route 7, it is envisioned that the rezoned area would provide for small node of neighborhood commercial uses that would act to support residential uses in close proximity to the site rather than a larger regional commercial destination such as Winchester Gateway. By providing an area where neighborhood uses can be established that serves a local population, the application represents sound planning practice in that locates mutually beneficial uses in close proximity to one another which will also minimizes vehicle trips that otherwise would have to travel to Route 7 to reach a commercial destination like Winchester Gateway. The Applicant has proffered a building elevation for the proposed development as well as a design materials palette to ensure that the project is build in an aesthetically pleasing manor that will add value to the surrounding area. Additionally, street trees along the frontage and limits on site lighting ensure that the development will be harmonious with surrounding uses. Lnpact Analysis Statenierrt — Haggerty Coiw)iercial Property LJ • ACCESS AND TRANSPORTATION The Property would be provided access by Haggerty Boulevard which will be constricted in conjunction with the residential development of the remauiing Haggerty acreage. The future intersection of Route 7 and Haggerty Boulevard, located 2,000 feet north of the site, is proffered to be a fully signalized intersection. The location of the site and proposed zoning classification (B1 as opposed to B2) limits the amount of trips that the site will generate off of Route 7. Instead, the success of the neighborhood commercial uses will depend on pass - by traffic for the residential uses adjacent to the site. The rezoning application was formally scoped with the Virginia Department of Transportation (VDOT). As the site will generate little if any traffic as a destination type commercial use, VDOT determined that a traffic impact analysis (TIA) would not be required as part of the application process. ENVIRONMENT The proposed rezoning will have minimal impacts on the environment. The proposed rezoning boundary does not extend all the way to Opequon Creek, providing for a buffer between Opequon Creek and the commercial uses. There is a small area of wetlands associated with a drainage swale near the northwestern boundary of the proposed rezoning area. Any area of wetlands impacted would be appropriately mitigated through DEQ. • As depicted by I ,igrne 2, the majority of the site is relatively flat, excluding a drainage swale located on near the northern boundary. The drainage Swale provides for a logical location for stormwater management facilities. The site drains from west to east to Opequon Creek Any stormwater management facilities constructed to serve the site would either meet or exceed the required State standards. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0120B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. SEWAGE CONVEYANCE AND WATER SUPPLY Extension of the water and sewer lines planned to serve the residential portion of the Haggerty Property will serve the proposed commercial uses. With a proffered floor area ratio of 0.25, the site could yield up to 43,560 square feet of neighborhood commercial uses. Assuming a rate of 200 GPD/1,000 square feet, the site could generate 8,712 GPD of water consumption and produce approximately equivalent sewer flows. SOLID WASTE Solid waste will be transferred to the Frederick County Landfill for disposal. Assuming a • rate of 25 lbs/ 1,000 square feet, the site could yield 1,089 pounds of solid waste per day. Impact Analysis Statement — Haggerty Coimnercial Property 2 • • HISTORIC SITES AND STRUCTURES The subject site does not include any historic strictures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not located within any core battlefield areas. Per the study, the site is located just south of the study area boundary for the Thud Battle of Winchester (Opequon). IMPACT ON COMMUNITY FACILITIES The proposed rezoning of the Haggerty Commercial property would generate additional tax revenues for Frederick County. In recognition of services provided for Fire and Rescue and the Sheriff's Office, the Applicant has proffered a monetary contribution of $1,000 for Sheriff's Office purposes and $1,000 for Fire and Rescue services. i • Lnpact Aalysis Statement — Haggerty Cawrrercial Property 3 //t/S%sL ✓iuctii //L 040014715 co Prepared By. Walsh, Colmel, Lubcicy, Emrich & Terpak, P.C. ( 10 Prince Witham Parkway, Sartre 300 Pr Prince Wdharr>, Ve.21'9l Gramcc's Address: PO Box 3276, Winchester, VA 22604 Considcranon, s1,400,000.00 Tax Map No, _S SSA SS_n _A-212A SPECIAL WARRANTY DEED THIS DEED is made this A7*"" day of 31v1 2004, by and between Edward D. Haggerty and John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity, hereinafter, GRANTORS; and The Canyon, LC, a Virginia limited liability company, hereinafter, GRANTEE; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with Special Warranty of Title, unto the Grantee as all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows: See Exhibit "A" �. • AND BEING part of the property conveyed to John J. Haggerty and Alice S. Haggerty, his wife, as tenants by the entirety, by Deed from Leonard C. Ellis and Esther P. Ellis, his wife, dated November 23, 1966, recorded February 26, 1968, in Deed Book 328, at page 16; John S. Haggerty died as evidenced by recital in Deed recorded in Deed Book 448, at page 131, leaving Alice S. Haggerty as the surviving tenant; Alice S. Haggerty conveyed an undivided one -forth (1/4) interest to John S. Haggerty and an undivided one -forth (1/4) interest to Edward D. Haggerty by Deed dated August 15, 1975, recorded August 18, 1975 in Deed Book 448, at page 131; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 1:05, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, o cn Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. . 04000543, all among the land records of Frederick County, Virginia. (AS'TO PARCELS 1 AND 2) AND BEING the a portion of same property conveyed to Alice S. Haggerty, widow, as to a one-half (1/2) undivided interest, Edward D. Haggerty, as to a one -forth (1/4) undivided interest and John S. Haggerty, as to a one -forth (1/4) undivided interest; Alice S. Haggerty died testate on January 5, 1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO PARCEL 3) AND BEING the same property conveyed to Alice S. Haggerty, John H. Haggerty and Edward D. Haggerty, as tenants in common, each as to a one-third (1/3) undivided interest, by Deed dated October 3, 1979, recorded October 3, 1979 in Deed Book 514, at page 601; Alice S. Haggerty died testate on January 5,1993 and devised her interest in the subject property to John S. Haggerty and Edward D. Haggerty by her Last Will and Testament recorded in Will Book 105, at page 463; John S. Haggerty conveyed his interest in the subject property to John S. Haggerty, Trustee of the John S. Haggerty Revocable Trust by Deed dated December 8, 2003, recorded January 13, 2004 in Instrument No. 04000543, all among the land records of Frederick County, Virginia. (AS TO C, PARCEL 4) . Grantors do hereby reserve unto themselves and their successors in interest an ingress/egress easement across the said property hereby conveyed ("Property") serving all of that remaining property in Clarke County, ownership of which is being retained by the Grantors. Such easement shall be an easement in gross across the Property until such time as a specific access is provided by the Grantee, as set forth herein, below. Such casement shall be sufficient to allow for vehicular access to the property in Clarke County retained by Grantors from any CO • o Co public street serving the Property, provided, however, that the inability of the Grantors to obtain CZ) permission to cross Opequon Creek shall in no way affect the conveyance made herein. i In the event that Grantee develops the Property, Grantee shall provide public access easement over the Property from the property retained by Grantor in Clarke County, Virginia, to the street network, as the network may be approved by the appropriate governmental authority, and then over said streets to a public street or road serving the Property. If possible, such access shall not be located within any floodplain associated with Opequon Creek or within any wetland that may be subject to state or federal regulation. The exact location of such connection shall be mutually agreeable to both Grantors and Grantee, or their successors in title, and neither party's consent thereto will be unreasonably withheld, conditioned or delayed. In no event shall Grantee be required to construct any crossing of Opequon Creek or any public improvements on the Property in Clarke County retained by the Grantors. The Grantors shall bear the cost of constructing any access road over the easement hereby granted up to the point where it joins the street network of the Grantee mentioned herein. The reservations set forth above shall be construed as covenants running with the land, oand shall continue in force and effect until access satisfying the conditions set forth above have C, been fully and completely satisfied. Upon full and complete satisfaction of the conditions set forth herein, Grantor or its successors in title shall execute such documents as are necessary to evidence the satisfaction of the covenants set forth herein. The above -described Property is conveyed subject to all rights of ways, easements and restrictions of record that legally affect the title to said Property. The Grantors covenant that it has the right to convey the property described herein and that the Grantors will execute such further assurances of the said land as may be requisite. 3 CID • o cn CO Witness the following signatures and seals: Edward D. Haggerty Commonwealth of Vi+girria ?"A5S+cAIIse S County/Gitrof_rn,'dcAgsPx to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by Haggerty, Grantor, this ;.7 �' Iay of Ty!Ty/t, 2004. My Commission expires: I Notary Public LAc,"_r. 5. J3aq John S. Haggerty, as Trustee of the John S. Haggerty Revocable Trust and in his individual capacity Commonwealthof-Virginia r'4$5ACAv5?IY5 County/eity of h,� okoliPS?x , to -wit: The foregoing Deed was acknowledged before me in my aforesaid jurisdiction by John S. Haggerty as Trustee of the John S. Haggerty Revocable Trust and in his individual capaci ID Grantor, this a.? Nay of 7'v l 2 , 2004. \\\\\\ My Commission expires: h / 71ak A t NotaryPublic �4vrp�+rp S_ B�,s✓ 4 ViewDetail 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 46 2009 REAL ESTATE TAXES Department# : RE2009 Ticket #: 378690001 FRQ: 1 Sup#: 0 Dame: T THE CANYON Account#: 15929 Name 2: C/O DAVE HOLLIDAY CONSTR INC Map#: 55 A 210 Address: 420 W JUBAL EARLY DR STE 103 Description: 70.15 ACRES WINCHESTER VA 22601 Bill Date: 06/06/2009 Due Date: 06/05/2009 • Land: $373,400 Improve: $78,000 Use: Minerals: Original Bill: $1,151.07 Payments: $1,151.07- Acres: 70.15 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/29/2009 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any rcturncd items may not be posted at this time. Plcasc check the website again. Date f\-pe Transaction /r' Amount 11i11.Lnce 6/6/2009 Charge 0 $1,151.07 $1,151.07 5/29/2009 Payment 91376 ($1,151.07) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/applications/REPtiblicInquiry/ViewDetail.aspx 9/25/2009 0 0 • V. SURVEY PLAT & DEED C 0 • • VI. TAX TICKET h'ra COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 6, 2010 The amount of $50.00 was deposited in line item 43-010-019110-0008 for the company named below. The company had a deposit for a Rezoning sign #08-09 for Haggerty Commercial. The engineering company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: The Canyon LC 420 W. Jubal Early Dr. Suite 103 Winchester. VA 22601 RS) I 0 This is to c rtify that the attached correspondence was mailed to the following on _ l 6 K © Q fi-om the Department of Planning and Development, Frederick County, Virginia: 211 55 - A- - 212- THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 Patton Harris Rust Associates, PC 1 17 C. Piccadilly Street, Suite 200 Winchester, VA 22601 56 -A- - 19- FREDERICK-WINCHESTER 4017 WASHINGTON RD PMB 353 MCMURRAY PA 15317.2520 55 -4- - 2- INVESTORS AT LLC PO BOX 550 STEPHENS CITY VA 22655.0550 55 -4- - 3- MCKEE MICHAEL EDWARD 283 EDDYS LN WINCHESTER VA 22602.7917 55 -4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091.2125 Planning Director - Clarke County 101 Chalmers Court, Suite B Berryville, VA 22611 55 . A- - TOLL VA IV LP 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147.7600 55M - 2- 9- 149-D TWIN LAKES OVERLOOK COMMUNITY ASSOC 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147-7600 65 - A- - 195- RIGGLEMAN LISA ANN & MILDRED L 7000 BEN FRANKLIN RD SPRINGFIELD VA 22150.3014 55 - A- - 174- BRADFIELD GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG MD 20877-1115 Edward Hagerty 405 Colonel Ledyard Hwy. Ledyard, CT 06339 l Candice E. Perkins, Senior Plaimer Frederick County Planning Dept. 7 a Notary Public in and for the State and County aforesaid, doh --by certify that Candia- E. Perkins, Senior Planner for the epartl ent of Planning and Development, whose name is signed to the foregoing, dated D �, has personally appeared before me and acknowledged the same in my State , nd County aforesaid. Given under my hand this i /(� day of My commission expires on4+4_Ezq� CBE "ARY VERLYH. DELLINGERNOID 331878 I3LIC' NOTARY PUBLIC E Ycp MS ANlXPRl0JULYa1, I 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 28, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 408-09 FOR I-IAGGERTY COMMERCIAL On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 18, 2009, at 6:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 408-09 of Haggerty Commercial, submitted by Patton Harris Rust & Associates, to rezone 4.0 acres from RP (Residential Performance) District to B 1 (Neighborhood Business) District, with proffers, for Commercial Uses. The property is located along the east side of proposed Haggerty Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A- 212. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit trs on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 T A X R E C, E I P T FREDERICK COUNTY e1. C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Ticket 111:00006320001 Date 9/28/2009 Register: JKH/JKHB Trans.: 00130 Dept k 1095 Acctif Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by PLANNING CheBALANCE DUE INCLUDES PENALTY/INTEREST THRU THEcMONTH9850.00 9 VARIOUS 9/2009 a. DATE RECEIVED FROM NO. 1224 LL�bLLARjS $ �,/ ❑FOR RENT (1 r- n ❑FOR ':i�' -% r1oll, AMT. OFACCOUNT CASH.,AMT. PAID ' CHECK BALANCE 1 1 DUE ORDER t'�K�I � BY ' *BalanceDue $� _u _ 00 )001 @@ 2009 iB 30 Pd by PLANNING BALANCE DUE INCLUDES Check 19850.00 # VARIOUS PENALTY/INTEREST THRU THE Mniximu ___ • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 9, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-09 FOR I-IAGGERTY COMMERCIAL On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 21, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the Following application: Rezoning #05-09 of Haggerty Commercial, submitted by Patton Harris Rust & Associates, to rezone 4.0 acres from RP (Residential Performance) District to B I (Neighborhood Business) District, with proffers, for Commercial Uses. The property is located along (lie east side of proposed Haggerty Boulevard, approximately 2,000 feet south of the intersection of proposed Haggerty Boulevard and Route 7, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A- 212. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bled 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 116 i to certify that the attached correspondence was mailed to the following on G ))/ 1-1 fi•oln the Department of Planning and Development, Frederick County, Virginia: 55 - A- - 212- THE CANYON LC CIO DAVE HOLLIDAY CONSTR INC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601-6435 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 \�/innhPciPr V A 56 - A- - 19- FREDERICK-WINCHESTER 4017 WASHINGTON RD PMB 353 MCMURRAY PA 15317.2520 55 -4- - 2- INVESTORS AT LLC PO BOX 550 STEPHENS CITY VA 22655.0550 55 -4- - 3- MCKEE MICHAEL EDWARD 283 EDDYS LN WINCHESTER VA 22602.7917 55 .4- - 4-A ROBERTS KATRINA LEWIS 1004 CLARK ST STARKE FL 32091.2125 55 -A- -211- TOLL VA IV LP 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147.7600 STATE 014• Vil-,GINlA COUNTY OF FREDERICK 55M - 2.9- 149-D TWIN LAKES OVERLOOK COMMUNITY ASSOC 19775 BELMONT EXECUTIVE PLZ ASHBURN VA 20147.7600 65 - A- - 195- RIGGLEMAN LISA ANN & MILDRED L 7000 BEN FRANKLIN RD SPRINGFIELD VA 22150.3014 55 - A- - 174- BRADFIELD GEORGE E ETALS 8225 CAMBOURNE CT GAITHERSBURG MD 20877.1115 Edward Haggerty 405 Colonel Ledyard Hwy. Ledyard, CT 06339 Planning Director - Clarke County I01 Cha1111C1•s Court, Suite I3 Berryville, VA 22611 Candice E. Perkins, Senior Planner Frederick County Planning Dept. L . cd a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated �'�� _ , has personally appeared before me and acknowledged the same in my State and County afor aid. Given under my hand this —�— day of My commission expires on =1jk__q_ 3Od (96 NOT I 6 L. WALSH NOTARY PUBLIC -REGISTRATION It354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30. 2012 PIk-) --A- S-!Z�) -- A -a i- ZA V J Adjoining Property Owners Haggerty Commercial • TO:BARBARA-DATA PROCESSING FROM: BEV - PI nnin Please print 9 kept. sets of lab.W5, by Za l (-TANKSI Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County .Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Frederick -Winchester Service Authority P.O. Box 433 Property#: 56-A-19 Winchester, VA 22604 Name: Frederick -Winchester Service Authority P.O. Box 433 Property#: 55-4-1 Winchester, VA 22604 Name: Investors At, LLC P.O. Box 550 Property#: 55-4-2 - Stephens City, VA 22645 Name: Michael McKee 283 Eddys Lane Property #: 55-4-3 Winchester, VA 22602 Name: Alicia Grey 1201 Bonaventure Ave Property #: 55-4-4A Green Cove Springs, FL 32043 Name: The Canyon 420 Jubal Early Dr Ste 103 Property#: 55-A-210 Winchester, VA 22601 Name: Toll VA IV, LP 19775 Belmont Executive Piz, Ste 250 Property#: 55-A-211 Ashburn, VA 20147 Name: Toll VA IV, LP 19775 Belmont Executive Piz, Ste 250 Property#: 55-A-209 Ashburn, VA 20147 Name: Twin Lakes Overlook Community Assoc 19775 Belmont Executive Piz, Ste 250 Property#: 55M-2-9-149D Ashburn, VA 20147 Name: Lisa & Mildred Riggleman 7000 Ben Franklin Rd Pro ert #: 65-A-195 , Springfield, VA 22150 Name: The Canyon 420 Jubal Early Dr Ste 103 Property#: 55-A-212A Winchester, VA 22601 Name: Frederick -Winchester Service Authority P.O. Box 433 Property #: 56-A-18 Winchester, VA 22604 Name: George Bradfield et als 8225 Cambourne Ct Property#: 55-A-174 Gaithersburg, MD 20877 Name: Edward Haggerty 405 Colonel Ledyard Hwy Property#: 6-A O Clarke Count Ledyard, CT 06339 • . Page 1 of 1 11 3,43 road 1k stated that this pro)cct would carry tmfitc from Route 7 half way to Scn%eny Road. W. Lladdo% then rc%tcwed the changes meads to the proffer %tatcmenl shier the Planning Lommission ntccung. — The cotute-zuun tv Route 7 would occur prior tv the iswance of the fir-�I building permit. rather than after the 5 1 " perrnit. This would keep the residential traffic from tmpacimr, lak'�'r Lane. The project phasing was extended frorn thrcr years In four yeah, with 75 louses being built per year. I A trail system interconnecting thus deg elopmt,ent with other, that are occurring has been protl6ed- Mi. %laddn. Gated that of this 110 acre purccl. 20 acres have been set aside for roads and 50 acres for open spate. He went onto say that it was the applicant*% intent to transfer the open :pace to the Frederick-Winclit%wr Scr%-ice Authority or Freckrick County Parks and Recreation Department for the purpose of public usc. Chartnum Shtckle asked about thr status of cab.=wnts or legal agreements 1tx the portions of the proposed Route 37 and collector mad. if they go across adjoining properties Mr. Madtirix requwided that the roads go to the property line. i Chairman Shtckle asked if the apphcant ot11y nec&d an agnctnct;t florn the SCINiCC iAuthority to consirucl this collcLux toad. Mr. Maddox rrbpmKkd tbit the applicant has a letter of intent from the Service Authority in place. ! Chairman Shwkk asked what the Berard should do if this application is appro%cd and an i adjouung pnlimen) ovaner comes to w uh a rciunrng. dons that applicant nced to huw the propowd road. Deputy Director Ruddy responded that an application would have to chow Route 17 atx! the I j project would have to tic into any exuding or propoxd toads. t� Supen not Forester asked if dr-bc proposed imtpro%enwrits were cororatcrd %k rill the MPO m.enanes in this airs. Director LaaTencc responded that, ifthe reining is appro%cd. the County would have a new It I conceptual road. Statfwould rc�tcw the Eastern Road Plan and would work with the MPO_ Chairman Shtckle asked if vr)OT would hate to buy right uf-way from the SCr•iec http://www.co. frederick.va.uslweblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLI... 10/6/2009 13 13 A. 70,f. PU i 1 * ♦, REZONING PUBLIC HEARING,. Board Room Frederick County p� �• �, - Administration Building r 665=5651 4e, _ .! • a Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HA VE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): l � 0 Cl lad n U:\Pam\Common\Document Approval Form.wpd