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Home My WebLink About04-07 Haggerty Property Residential - Redbud - BackfileE MASTER DEVELOPMENT PLAN TRACKING SHEET A IV (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: VDOT County Engineer Fire Marshal City of Winchester Sanitation Authority GIS (Mapping) -----Inspections Dept. Parks & Recreation J Health Department Winchester Regional Airport One copy of the master development plan application. Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. `'- Submission Fee TRACKING Date 3117103 Application received j _ 312]�0-1 / Fee Paid (amount: S /-S qfi-� 0 Preliminary MDP heard by Planning Commission - Action taken: Preliminary MDP heard by Board of Supervisors - Action taken: �02�'o Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. 1b o% Final MDP signed by County Administrator and Planning Director (send two copies to applicant). O /b0Q Administratively approved; letter sent to applicant. NOTES: DATE: 3 7 O% File opened. --�07 Reference Manual updated/number assigned. 3 y 2 n 7 D-base updated. 3 10 7 List of adjoiners given to staff member for verification. 0 7 ORe+iack& --wig location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. 3 a? 0 File given to Renee' to update Application Action Summary. CLOSE OUT FILE: 10 Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) 1' (D 7 File stamped "approved"/"denied" or "withdrawn." 107 Reference Manual updated. l a o7 D-base updated. 10 1 O i e given to Renee' for final update to Application Action Summary. File in file drawer. U \C—KommonlTmkmg 0iftts PACKINGADP Rev 0121 /07 0 (D o N U C/� > r oQ U 0 IIIjI � i 43 ca:a RECEIVED FROM J AP!!DRESS ❑FOR RENT ❑FOR _ DATE: A (i INO. 7 0 3 5 l -00 U v ,a j-u DOLLARS $vui V,-1 o,a la, �A�,:�� AMT. OF CASH ACCOUNT AMT. PAID 1 '� CHECK BALANCE MONEY DUE ORDER BY COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Nac�eriy y�'•l�t � .- ;� The Canyon, LC PO Box 3276 Winchester, VA 22604 016H26508243 $ 00.410 08/27/2007 Mailed From 22601 US POSTAGE NIXIE 201 DE 1 00 00/30/07 SEP 4 2007 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD BC: 22601.500099 *3017-07707-27-41 22i,66 WtY 44, VC00 7 I1►1►I11111dil II111►►11111►11111►►II►1►Ih►►Ill►►l1111111►11 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 August 27, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-07 FOR HAGGERTY PROPERTY Dear Patrick: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on August 22, 2007. Your firm'will need to submit a Final Master Development Plan for this project'which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your film with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Michael T..Ruddy, AICP Deputy Planning Director cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissionerof Revenue T e Canyon, LC, PO' Box 3276, Winchester; VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Please note: The Subdivision/MDP plans associated with this file are located in the file room. CO ot,4111KICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 10, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-07 FOR HAGGERTY PROPERTY Property Identification Numbers (PINS): 55-A-212 AND 55-A-212A Dear Patrick: Frederick County administratively approved the above -referenced master development plan on October 9, 2007. The master development plan is approved for the potential development of 300 single family detached and attached units. The properties which would comprise this development are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County in the Red Bud Magisterial District. The Frederick County Board of Supervisors granted staff administrative approval authority on August 22, 2007. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. I am providing you with three (3) copies of the approved master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, Michael T. Ruddy Deputy Director Attachments cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Joe Wilder, Public Works The Canyon, LC, PO Box 3276, Winchester, VA 22601 MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 M RE C COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 27, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-07 FOR HAGGERTY PROPERTY Dear Patrick: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on August 22, 2007. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue The Canyon, LC, PO Box 3276, Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Board of Supervisors Prepared: August 16, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/02/07 Tabled for 45 days by Planning Commission Planning Commission: 08/15/07 Recommended Approval Board of Supervisors: 08/22/07 Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent. and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55-A-212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty Prot August 16, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT's comments were generally addressed with rezoning #04-07 The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road from Point "A" thru `B" to "C" and "D" will be completely built prior to the 151s' building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2nd review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. MDP #04-07, Haggerty Propfrty • August 16, 2007 Page 3 Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. GIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport, and 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/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The.cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MDP #04-07, Haggerty Property August 16, 2007 Page 4 C) Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP). As a result, the Applicant revised their rezoning application and its associated proffers and Generalized Development Plan. Rezoning #04-07 was approved by the Board of Supervisors on July 25, 2007. This rezoning application provides the basis for this Master Development Plan. D) Intended Use The development of this property would enable the construction of up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses). The project also includes right-of-way dedication for Route 37 and approximately 336 acres of open space. E) , Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to. protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-2] The 111.56 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. Environment: The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty seven acres. This MDP MDP #04-07, Haggerty Prot • August 16, 2007 Page 5 accurately reflects the protection of environmental features and is consistent with the approved Generalized Development Plan. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). In addition, the MDP provides for the construction of an.east-west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The MDP .reflects the proper location of this major collector road. The right-of-way, typical section, and buffering is consistent with the recently approved Generalized Development Plan. The MDP provides for the extension of Haggerty Boulevard within the right-of-way for Route 37 to the southern property line. This MDP also provides acceptable interparcel connectivity to the adjacent Twin Lakes Overlook Development (Toll Brothers) Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining developments. A location for a community center has been identified on the Haggerty property. The proposed community center will be constructed within the second phase of development. ` Proffers: Please see attached proffer statement. Issues: As stated above, many of the issues associated with this project were recently resolved with the approval of rezoning RZ#04-07. This final Master Development Plan has been revised accordingly and is consistent with the approved rezoning, proffer statement, and generalized development plan. One additional item was evaluated. by the Commission; the provision of a road efficiency buffer between the residential lots and future Route 37. The applicant has proffered landscaping in this area. Staff would like to ensure that the required buffer is recognized on the MDP. The MDP provides ample space adjacent to future Route 37 to accommodate this required buffer. The Applicant has accommodated this area of road efficiency buffer in their Master Development Plan. With the resolution of this item,there appear to be no outstanding issues. STAFF CONCLUSIONS FOR THE 08/15/07 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Haggerty Development is in a form that is administratively approvable. The MDP is in accordance with the proffers for Rezoning #04-07, including the proffered GDP. The MDP also satisfies the requirements of the County's Zoning and Subdivision Ordinances. The Planning Commission may recommend approval of this Master Development Plan to the Board of Supervisors. MDP 904-07, Haggerty Property August 16, 2007 Page 6 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/15/07 MEETING: Staff reviewed the MDP and concluded that many of the issues associated with this project were recently resolved with the approval of rezoning RZ#04-07. This final Master Development Plan has been revised accordingly and is consistent with the approved rezoning, proffer statement, and generalized development plan. With regards to the provision of a road efficiency buffer between the residential lots and future Route 37, Staff and the Applicant had discussed this issue and the Applicant had agreed to provide this buffer in the area identified. Staff noted that with the resolution of this item,there appear to be no outstanding issues. The applicant's representative, Mr. Patrick Sowers, addressed the Commission and stated that they would be able to accommodate the road efficiency buffer between the residential units and future Route 37. There were no public comments. A motion was made, seconded, and unanimously passed to recommend administrative approval of the MDP for Haggerty with the expectation that the road efficiency buffer between the residential units and future Route 37 be clarified between the Applicant and staff before final approval. (Note: Commissioners Manuel abstained from this item. Commissioners Thomas, Watt, Kriz, and Kerr were absent from the meeting.) STAFF CONCLUSIONS FOR THE 08/22/07 BOARD OF SUPERVISORS MEETING:. The Applicant has accommodated the required road efficiency buffer in their Master Development Plan. Therefore, the preliminary Master Development Plan for the Haggerty Development is in a form that is administratively approvable. The MDP is in accordance with the proffers for Rezoning #04-07, including the proffered GDP. The MDP also satisfies the requirements of the County's Zoning and Subdivision Ordinances. The applicant is seekinz approval authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will grant staff with administrative approval authority for the final master development plan. C� 55 A 159 ' sFF A 1611�1p��o� I I 65 A 174 SS A 174C 55 4 I I ■ Ron Abrerya C I 1 1 55 A 166 ^�a� rkk� I 1 P 56 A 16 Clarke County, Virginia Frederick County, VA Master Development Plan MDP# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A Location in the County Map Features R. Future RQ7 Bypass Q Application Location O Lakes/Ponds Streams Streets Pmmary �. Secondary '�- Tertiary �• Urban Development Area ti SWSA Location in Surrounding Area o z © Case Planner: Bernard Map Document: (N:\Planning And Development\ 1 Locator Mps\11aggertyProperry MDP0407 040307.mxd) 4/12/2007 -- 9:33:47 AM Clarke County, Virginia Frederick County, VA Master Development Plan MDP# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212,212A Location in the County Map Features R• Future Rt37 Bypass Q Application Location O Lakes/Ponds Streams C> Flooplain Streets Primary ^. Secondary Terciary �6 Urban Development Area 040 SWSA Topography (5' interval) Location in Surrounding Area ttttttt� o © Case Planner: Bernard Map Document: (N:\Planning And Development\ 1 Locator Mps\Haggerty Property MDP0407 040307.mxd) 4/12/2007 -- 9:33:47 AM LJ • Frederick County, VA Master Development Plan MDP# 04 - 07 Application Haggerty Property Parcel ID: 55 - A - 212, 212A Location in the County Map Features .►• Future Rt37 Bypass Zoning 40 Application Location 40 B7 (Business, Neighborhood District) 0 Lakes/Ponds B2 (Business, General District) ^— Streams 411, B3 (Business, Industrial Transition District) streets 40 EM (Extractive Manufacturing District) '�. Primary HE (Higher Education District) '4 Secondary M1 (Industrial, Light District) '�- Terciary M2 (Industrial, General District) �1 Urban Development Area • MH1 (Mobile Home Community District) 4%0 SWSA AW MS (Medical Support District) 40 R4 (Residential, Planned Community District) 40 R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area 0 2`0 600 1O�eet © Case Planner: Bernard PACK C� Map Document: (MPlanning And Development\ 1 Locator Mps\Hay,QertyProperty MDP0407 040307.mxd) 4/12/2007 -- 9:33:47 AM • 0 i ' ' agger roper y Aerial , Frederick County, VA R°�',, •. �,� Master Development Plan MDP# 04 - 07 -_ - Application _ 1 7 , �. Haggerty µ o Property Parcel ID: 55 - A - 212, 212A ^ r• Location in the Gounty a Map Features e♦* Future Rt37 Bypass 0 Application Location b Lakes/Ponds ^- Streams Streets � Pnmary 1 t r �I r �� t Secondary Terciary +� - •�� T � Z♦ Urban Development Area d%/ SWSA •�a Aik P � / II - '- -r •••Ls I If Location in Surrounding Area � 9 © Case Planner: Bemard Map Document: (N:\Planning And Development\ 1 Locator Mps\HaggertyProperty MDP0407 040307.mxd) 4/12/2007 -- 9:33:47 AM r�,3 0 u PROPOSED PROFFER STATEMENT REZONING: RZ. #014--D9 Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres +/-; Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: I 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 conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to -submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised July 2, 2007 (the "GDP"), and shall include the following: LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 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 0 Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of.building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The, residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Proffer Statement 0 • Haggerty outside of residential lots; (iii) common solid waste disposal programs, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing. the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Proffer Statement Haggerty 13.2 The Applicant shall construct a North -South collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7 as generally shown on the GDP as the section of roadway between Point A and Point C. Said collector road shall be located within both a 60 foot right of way and an 80 foot right of way as generally shown between Point A and Point C on the GDP. The North -South collector road shall generally run along the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, as shown on the GDP. Said North -South collector road shall be constructed as a rural undivided (R2) cross section with curb and gutter to be utilized in some locations based upon final engineering. The collector road will transition from an R2 cross section to the typical Route 37 cross section upon entering the proposed Route 37 corridor from Point B to Point C as shown on the GDP. The collector road shall be constructed. from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south Property boundary prior to .issuance of the 151" building permit. The Applicant reserves the right to request for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See generally Point A to Point C on the GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. Said improvements shall be completed prior to issuance of any building permits. 13.4 The Applicant shall provide a 90' reservation area in substantial conformance with the location depicted on the GDP to (i) construct the southern two lanes of an East-West collector road, planned to ultimately be an urban four lane divided (U4D) cross section within an 80' right of way and (ii) provide a landscaped buffer or road efficiency buffer as defined in the Frederick County Zoning Ordinance. The East-West collector road shall be designed to accommodate the fixture Route 37 fly -over bridges. (See 5,on GDP) 13.4.1 Within the 90' reservation area, provided that 40' of right of way is dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 40' of right of way, as measured from the Property boundary and construct the southern two lanes of a U4D roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225`" building permit. Additionally, the Applicant shall construct a 50' reduced distance road efficiency buffer, as defined in the Frederick County Zoning Ordinance, between any residential lots and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. Page 5 of 8 Proffer Statement 0 0 Haggerty 13.4.2 In the event that 40' of right of way is not dedicated on the adjoining property to the north prior to submission of engineered plans for the East-West collector road to the County, the Applicant shall dedicate 80' of right of way, as measured from the Property boundary and within the 90' reservation area, to construct the southern two lanes of a U41) roadway from Point D to Point E as generally shown on the GDP. Said roadway shall be constructed prior to issuance of the 225`h building permit. Additionally, the Applicant shall also construct a densely planted landscape screen within the remaining 10' of the 90' reservation area. Said landscape screen shall be located between any residential lots and said collector road and shall consist of a double row of evergreen trees, minimum four feet tall at time of planting, spaced a maximum of eight feet apart. No additional screening or buffer distance shall be required between the residential units and said collector road. Buffer plantings and/or screening shall not be required where they are in conflict with required sight distances for roadways as defined by VDOT. 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. All plats depicting the VA Route 37 right of way shall note that the roadway is limited access. (See 6 on GDP): 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the .proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height. at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 13.8 Direct lot access to the North -South collector road and East-West collector road shall be prohibited. 13.9 Any portion of the "spine" collector road constructed in the Route 37 alignment shall be constructed in general conformance with the typical Route 37 cross section as well as the vertical and horizontal alignment identified by the plan entitled "County of Frederick Route 37 Corridor Study, Functional Design" dated October 1992 as prepared by Maguire Associates, Inc. Page 6 of 8 Proffer Statement 0 0 Haggerty 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. 15. INTER -PARCEL CONNECTION: 15.1 The Applicant shall construct an inter -parcel connector to provide access to the adjoining properties to the south and east in the general location depicted at Point 8 on the GDP; said inter -parcel connection shall be provided in place of any previously planned inter -parcel connection located at the southwestern area of the Property as previously depicted on the approved Master Development Plan for the adjacent Twin Lakes development. The newly proposed inter -parcel connection as shown at Point 8 on the GDP shall also be depicted on the Master Development Plan to be submitted for the Property, and shall be depicted on future subdivision design plans for the adjacent Twin Lakes development. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 7 of 8 Proffer Statement 0 Haggerty Respectfully submitted, Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrutnent' acknowledgeq/bef6re e this ill-, day of JJIas , 2007, by J - 7T !, l��• My commission xpires Notary Public �` Page 8 of 8 0 AMENDMENT Action: PLANNING COMMISSION: May 2, 2007 - Recommended Approval BOARD OF SUPERVISORS: July 25, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-07 PROFFER AMENDMENT OF HAGGERTY PROPERTY WHEREAS, Rezoning 904-07 Proffer Amendment of Haggerty Property, submitted by Patton Harris Rust & Associates, to revise the proffers associated with Rezoning 414-05, as they pertain to the transportation improvements previously approved by Frederick County. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are situated in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-212 and 55-A-212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning Rezoning # 14-05. The proffer revision addresses, transportation improvements, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #32-07 This ordinance shall be in effect on the date of adoption. Passed this 25th day of July, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nam' Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Charles S. DeHaven, Jr. Nay Philip A. Lemieux Aye A COPY ATTEST John .. Riley, Jr. Frederick County Administrator PDRes. 432-07 0 Frederick County, Virginia Master Development Plan Application Packu4U L 1 0 2006 F E 8 2 6 2007 APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received, Complete - Date of acceptance Incomplete - Date of Return Application # 1. Project Title: HAGGERTY PROPERTY 2. Owner's Name: David B. Holliday (Please list the names of all owners or parties in interest) 3. Applicant: PHR&A Address: c/o Charles E. Maddox, Jr. 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: PHR&A Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Charles E. Maddox, Jr. 1 0 I� is Frederick County, Virginia Master Development Plan Application Package 5. Location of Property: 6. Total Acreage: APPLICATION cont'd MASTER DEVELOPMENT PLAN Located adjacent and east of Eddy's Lane (Rt. 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 111.56 Acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: 55-A-212 & 55-A-212A RP Vacant Single Family Detached and Attached e) Adjoining Property Information: SEE ATTACHED Property Identification Property Uses North South East West f) Magisterial District: RED BUD 8. Is this an original or amended Master Development Plan? . Original X Amended 2 0 I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: Z LI ID # Name Address ZoninLy Use 55-A-209 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Residential 55-A-211 Fu-Shep Farm Partnership 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-213 Fu-Shep Farm Partnership 405 Briannont Drive, Winchester, VA 22601 RA Vacant 55-A-210 Goldie's LC 310 Eddy's Lane, Winchester, VA 22602 RA Residential 55-4-1 Frederick — Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55-4-2 Steve Thomas Chadwell 6825 Valley Pike, Middletown,.VA 22645. RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65-A-195 Lisa Ann & Mildred L Ri gleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural 12-A-1 Robert A Ballantine 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 12-A-2 Philip E & Mary V Wine 305 Chapel Hill Rd., Cross Junction, VA22625 RA Residential 56-A-19 Frederick— Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 56-A-19 Crown Communications, Inc PMB 353, 4017 Washington Rd., McCurra , PA 15317 RA Local Government Special Limited Powettorney County of Frederick, irgma Farederick Planning'Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 , Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The: Canyon LC (Phone) 540.667.2120 (Address) PO Box 3276 Winchester VA 22601 the owner(s) of all those tracts or.. parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040014715 on Page , and is described as Parcel: 212,212A Lot: _Block: A Section: 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHRA : Ron Mislowsky, Patrick Sowers, Chuck Maddox, John Callow, Tom Price Phone: 667.2139 (Address) 117 E. Piccadilly Street Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year fiom the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24th day of May, 200 6 . Signature(s) State of Virginia, City/County of I, 'ck- ,To -wit: Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who,sigYted'to the'.foregoing instrument personally appeared before me and has acknowledged the same before aye; n th, jurisdiction aforesaid this .2-g 'jt' day of 200 C� �- - My Commission Expires: 10- :3J - 0% Notary Publ' MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Planning Commission Prepared: July 31, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 05/02/07 Planning Commission: 08/15/07 Board of Supervisors: 09/12/07 Action Tabled for 45 days by Planning Commission Pending Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55-A-212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty ProW July 31, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT's comments were generally addressed with rezoning #04-07 The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road fiom Point "A" thru `B" to "C" and "D" will be completely built prior to the 15Is' building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County! Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2nd review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. MDP #04-07, Haggerty Prop• July 31, 2007 Page 3 Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. GIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and 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/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Plannine & Zonina: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MDP #04-07, Haggerty Property July 31, 2007 Page 4 C) Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP)'. As a result, the Applicant revised their rezoning application and its associated proffers and Generalized Development Plan. Rezoning #04-07 was approved by the Board of Supervisors on July 25, 2007. This rezoning application provides the basis for this Master Development Plan. D) Intended Use The development of this property would enable the construction of up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses). The project also includes right-of-way dedication for Route 37 and approximately 336 acres of open space. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-21 The 111.56 acres subject to this MDP are located within the. Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. Environment. The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty seven acres. This MDP MDP #04-07, Haggerty PrIk July 31, 2007 Page 5 accurately reflects the protection of environmental features and is consistent with the approved Generalized Development Plan. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). In addition, the MDP provides for the construction of an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The MDP reflects the proper location of this major collector road. The right-of-way, typical section, and buffering is consistent with the recently approved Generalized Development Plan. The MDP provides for the extension of Haggerty Boulevard within the right-of-way for Route 37 to the southern property line. This MDP also provides acceptable interparcel connectivity to the adjacent Twin Lakes Overlook Development (Toll Brothers) Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining developments. A location for a community center has been identified on the Haggerty property. The proposed community center will be constructed within the second phase of development. Proffers: Please see attached proffer statement. Issues: As stated above, many of the issues associated with this project were recently resolved with the approval of rezoning RZ#04-07.This final Master Development Plan has been revised accordingly and is consistent with the approved rezoning, proffer statement, and generalized development plan. There are no outstanding issues. STAFF CONCLUSIONS FOR THE 08/15/07 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Haggerty Development is in a form that is administratively approvable. The MDP is in accordance with the proffers for Rezoning #04-07, including the proffered GDP. The MDP also satisfies the requirements of the County's Zoning and Subdivision Ordinances. The Planning Commission may recommend approval of this Master Development Plan to the Board of Supervisors. 0 0 MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Planning Commission Prepared: June 4, 2007 Staff Contact: Michael T. Ruddy, Deputy Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/02/07 Tabled for 45 days by Planning Commission Planning Commission: 06/20/07 Board of Supervisors: 07/25/07 Pending Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55-A-212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty Property • June 4, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road from Point "A" thru `B" to "C" and "D" will be completely built prior to the 151st building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of. site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2nd review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. • 0 MDP #04-07, Haggerty Property June 4, 2007 Page 3 Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. GIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and 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/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. • Staff note: a connection has been proposed to the adjacent Twin Lakes development. However, the proposed location of this link does not conform to the already approved Channing Drive MDP. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Frederick County Planning Department: Please see attached letter dated February 16, 2006, signed by Bernard S. Suchicital, Planner I. Staff note: preliminary staff comment letter of February 16, 2006, reviews an earlier version of the MDP that is not under current consideration. Comments from that letter have been addressed with exception of the following: open space dedication, failure to implement portions of the Eastern Road Plan (Spine Road and an east -west connector along the northern portion of the site), bike/pedestrian trail links to adjoiningparcels. The MDP now under consideration raises additional staff concerns: • Dedicating the potential future non-residential development site as open space/park land. The current designation violates the RP zoning district. • Providing an adequate community center within the development. • 0 MDP #04-07, Haggerty Property June 4, 2007 Page 4 • Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. • Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. • Additional screening and buffering alongside the Route 37 corridor, and major collector road network. Planning & Zoninjj: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Q Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP). As a result, the application is pursuing a revision to the original Rezoning. This proposed revised rezoning and its approval must precede this MDP in order for the MDP to comply with zoning ordinance requirements. D) Intended Use Up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses), right-of-way dedication for Route 37, 38.56 acres of open space, and 12.09 acres for a potential future non-residential development. o Staff note: The 12.09 acres for `future potential non-residential development" are identified in both the current approved GDP and pending revised GDP as generalized open space. The intended use approved in the GDP respects the unique environmental characteristics of this parcel, yet it is not reflected in the MDP. o Staff note: The future potential non-residential land use and the highlighted road layout are inconsistent with the approved GDP, and is a violation of the RP MDP #04-07, Haggerty Property June 4, 2007 Page 5 district permitted uses. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] o Staff note: The proposed MDP does not conform to the Eastern Road Plan. Important links that are not represented in the application include: ■ Building the "spine road" (Haggerty Boulevard) parallel to Route 37 from Route 7 to Senseny Road (Route 657). ■ Building an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-2] The 111.56 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. o Staff note: The MDP application has labeled a 12 acre parcel as "potential future non-residential development. " This designation is misleading, making it incompatible with the approved GDP. Staff believes that these 12 acres should be identified on the MDP as open space or park land, that it may be consistent with the approved GDP. Environment: • • MDP #04-07, Haggerty Property June 4, 2007 Page 6 The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty acres, or eighteen percent of the 111.56 acre site. o Staff note: The original rezoning (914-04) was drafted to protect the 12 acres that is identified as potential non-residential development from development. There is a large amount of steep slopes and floodplains that lie within this area. The proposed MDP does not adequately address the protection of these sensitive environmental features. The pending MDP also hinders this area by proposing a storm water management pond to be built above this site; disturbance of this area should be avoided. The storm water management pond should be placed in a more suitable location. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). o Staff note: The application does not provide the required road efficiency buffer along each side the Route 37 corridor. The buffering provided in the MDP appears that it will become inadequate when Route 37 is built out. Additional screening and buffering should be provided in preparing for that event. o Staff note: The Eastern Road Plan identifies an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. o Staff note: The MDP lists Haggerty Blvd as rural two-lane collector road, with housing units fronting this street. The original rezoning proffered an urban two- lane road with a center turn lane. The Eastern Road Plan also identifies this as a major collector road, and therefore should not have any housing units fronting. As stated above, this application lies within the UDA. As such, any major collector road provided within an application, that is located within the UDA, must show an urban road cross-section. Amenities such as curb and gutter, sidewalks, and buffering will be expected. o Staff note: The adjacent Twin Lakes Overlook Development (Toll Brothers) MDP 905-04, shows a series of neighborhood streets to be placed alongside the Haggerty property boundary lines. The connection to this approved street network is required. There's an opportunity to connect a north -south neighborhood street from the southern end of Phase Two of Haggerty to Phase Ten of the Toll Brothers project. Currently, this MDP does not provide acceptable interparcel connectivity. Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining 0 0 MDP #04-07, Haggerty Property June 4, 2007 Page 7 developments. A location for a community center has been identified on the Haggerty property. However, it is noted on the MDP that if the neighboring Adams property receives rezoning approval, then the Haggerty community center will be built on the Adams property, allowing the Haggerty development full access rights. o Staff note: The applicant proposes a trail link at the southern end of the property, north of the ravine, to the adjacent Toll Brothers. This project has an approved MDP (#05-04) that shows the trail link to the south of the ravine. To staffs knowledge, there has been no communication between the applicant and Toll Brothers to adjust their current plans, or any assurances that there will be. o Staff note: The MDP states that the community will be built on an adjacent property, should that property receive zoning approval in the future. The Zoning Ordinance states that any development containing single-family small lot housing shall provide a community center. Locating that community center on a separate parcel places this application in nonconformity to the ordinance. The community center should provide an amenity for this development. o Staff note: The MDP does not provide for a timetable to deliver the proposed community center. Proffers: Please see attached proffer statement. Issues: As stated above, there are still a number of outstanding issues yet to be resolved by the application: 1) Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. 2) Accurately depicting the proffered open space. 3) Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. 4) Providing an adequate community center within the development based on housing type. 5) Additional screening and buffering alongside the Route 37 corridor, and major collector road network. STAFF CONCLUSIONS FOR THE 05//02/07 PLANNING COMMISSION MEETING: It is important to note that this MDP was based upon the pending Rezoning and proffer amendments for the Haggerty Property, Rezoning #04-07. The preliminary Master Development Plan for the Haggerty Development is in accordance with the proffers for Rezoning 404-07. If the Planning Commission does not recommend approval of Rezoning #04-07, this MDP should be revised to respect the original rezoning and proffers for the Haggerty Property Rezoning #14- 04, in particular, the road network provided with the approved GDP. Presently, this MDP is inconsistent with the proffered GDP approved with Rezoning #14-04. As stated above, this application fails to address requirements of the Zoning Ordinance. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. MDP #04-07, Haggerty Property June 4, 2007 Page 8 PLANNING COMMISSION SUMMARY AND ACTION OF THE MAY 2, 2007 MEETING: The applicant responded to the outstanding issues raised by the staff. The applicant raised the possibility of constructing the community center on the adjacent Adams' Farm property and enlarging it to serve both communities. He talked about relocating the inter -parcel connections on some of the neighborhood streets due to topography constraints and proposed Route 37, and the relocation of the trail system due to environmental impacts associated with crossing a stream and wetlands. The applicant noted that open space requirements for the MDP had been exceeded and the 12-acre area labeled, "potential future non-residential development," could possibly accommodate a future small-scale commercial center. The applicant suggested that requiring a full road efficiency buffer in addition to their proffered dedication of 121/2 acres for Route 37 and their proffered 20-foot landscaped easement seemed unreasonable, especially in light of the fact that Route 37 had not yet been constructed. In addition, the applicant noted they had proffered a collector road, not a major collector; he said there were only a few single-family detached homes with access to Haggerty Boulevard. There were no public comments. Commission members said they could accept the applicant's proposal for relocating the trail system connection, if wetlands and a stream needed to be avoided. They did not agree with placing homes along Haggerty Boulevard because it was a violation of the zoning ordinance. Commissioners thought the possibility of a shared recreational center on a separate property could work; however, that property and proposal should have been brought in and incorporated with the Haggerty MDP. Details of the proposal were lacking and a suggestion was made that the applicant place a note on the MDP regarding the construction of the recreational center which included a trigger mechanism, possibly based on building permits. Another suggestion was for the placement of an alleyway behind the proposed homes on Haggerty Boulevard with a connection to Haggerty Boulevard further to the south. Questions were raised about the uncertainties with the inter -parcel connections. Overall, Commission members expressed concern about the many uncertainties surrounding the MDP and the fact that so many aspects of the plan seemed to be based on the development of adjacent properties. By a unanimous vote, the Planning Commission tabled the MDP for 45 days in order to give the applicant time to submit a more detailed plan and to work out the uncertainties surrounding the issues raised by the staff and the Commission. (Note: Commissioner Manuel abstained; Commissioners Ours and Triplett were absent from the meeting.) r • MDP #04-07, Haggerty Property June 4, 2007 Page 9 STAFF UPDATE FOR THE 06/20/07 PLANNING COMMISSION MEETING: A modified Master Development Plan was resubmitted to this office on May 25, 2007. Several items were addressed by the Applicant. These include;, correctly addressing and labeling the open space by removing the labeled area of potential non-residential development from the proffered open space, identifying the location of the recreational community center to serve the small lot single family residences, and the removal of references to the potential future rezoning of the Adams property. Several items remain unsatisfactorily addressed. These include; 1) The recognition of the east -west connector road as a major collector road, as identified in the Eastern Road Plan. 2) Applying the appropriate design of the major collector road, Valley Mill Road realigned, including road efficiency buffers and lot access. 3) Placing the realignment of Valley Mill Road in the correct location (dependent upon rezoning) 4) Detailing how the future construction of Route 37 will not impact the proposed road network, in particular, the realigned Valley Mill Road major collector road. 5) Ensuring adequate interparcel connectivity is provided to ultimately accommodate the Eddy's Lane properties, the adjacent Twin Lakes project (Channing Drive Phases 9 & 10), in addition to the Adams property. 6) Providing an agreeable connection of the trail system to the ad j acent property and to the satisfaction of the Director of Parks and Recreation. 7) Ensuring potential access to adjacent properties over areas identified as open space. This would remove the possibility for this open space to continue to be used as a spite strip. 8) Providing an adequate road efficiency buffer adjacent to the length of future Route 37 for the benefit of the new residences. 9) Adjusting the location of the private alley serving the lots which front on Haggerty Boulevard. This street should have access from the residential street rather than Haggerty Boulevard at the intersection of the Spine Road and the east -west major collector road. 10) Protecting the environmental features within the designated open space. Specifically, the proposed stormwater management pond immediately east of Haggerty Boulevard should be removed from this extremely sensitive area. 11) Ensuring that the phasing of Haggerty Spine Road is consistent with Phasing of residential units. Also the MDP should identify the Road construction in relationship to the approved proffer phasing. Based upon the remaining outstanding items, Staff is unable to recommend that this Master Development Plan is in a form that is administratively approvable. The Planning Commission may choose to recommend administrative approval of this Master Development Plan upon the condition that all of the above identified issues and the requirements of the Frederick County Zoning and Subdivision Ordinances are satisfied (with concurrence of staff). Alternately, the Commission may table the Master Development Plan for an additional period of time as it currently inadequately addresses the requirements of the Zoning and Subdivision Ordinances. The Applicant should address all of the outstanding concerns and requirements. • i MDP #04-07, Haggerty Property June 4, 2007 Page 10 Staff will provide the Commission with an update of the status of the Haggerty Rezoning, which seeks to amend the proffers associated with the original rezoning, at your meeting. This rezoning is scheduled to be heard by the Board of Supervisors at their June 13, 2007 meeting. The decision of the Board of Supervisors may impact the evaluation of this request to revise the MDP. Please see the attached correspondence from the owners of Valley Mill Farm which continues to indicate that the ability to realign Valley Mill Road in accordance with the County's Eastern Road Plan is feasible and desirable. Pagel of 1" Reminder: AOL will never ask you to send us your password or credit card number in an email. This message has been scanned for known viruses. From: sptihill@aol.com To: clay@pond-atheylaw.com Cc: lawyers@vis6allink.com Subject: Carriage Hill Project Date: Mon, 4 Jun 2007 11:02 AM Dear Clay, We are writing to inform you that we are no longer interested, under any circumstances, in allowing a right-of-way through our property to the Carriage Hill project. We ask that you not represent to anyone on the Board of Supervisors that you' are in any type of negotiations with us on this matter. Further, while you have been communicating through our attorney, no meaningful negotiations have taken place for some time. We ask that you cease communicating with Mr. Hobert on this matter. We do not intend to continue expending resources on negotiating given failure of our good faith efforts to address these matters. We have informed some Board members of our position and reinforced to them our previous commitment to donate a right-of-way through our bottom property to allow for the future realignment of Valley Mill Road in accordance with the approved Eastern Road Program. Thank you, Tim and Tootser Stafford cc: All Members of the Board of Supervisors Staff at Frederick County Michael Hobert AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. --I i J U N 5 2007 ' MASTER DEVELOPMENT PLAN #04-07 HAGGERTY PROPERTY Staff Report for the Planning Commission Prepared: April 18, 2007 Staff Contact: Bernard S. Suchicital, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/02/07 Pending Board of Supervisors: 05/23/07 Pending LOCATION: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-212 and 55-A-212A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant East: N/A (Clarke County) Use: N/A West: Residential Performance (RP) Use: Vacant PROPOSED USE: 300 single family detached and attached units MDP #04-07, Haggerty Property April 18, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are clarified on the plan and/or proffers: • On page 3 of 6 that the road from Point "A" thru `B" to "C" and "D" will be completely built prior to the 151" building permit being issued. This would include the bridge across the stream between Points "C" and "D". • That the term "project limits" is the same as "property line". • The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. • The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approved for preliminary purposes. Frederick County Public Works: We have reviewed the revised Haggerty Property MDP dated May 4, 2006 to insure compliance with our previous review comments. Our final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Frederick County Sanitation Authority: 2nd review - approved Frederick -Winchester Service Authority: This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. Frederick County Inspections Department: Shall require demolition permit to remove existing structures under the VUSBC. No additional comments required this time. Shall comment on subdivision lots at submission. 0 0 MDP #04-07, Haggerty Property April 18, 2007 Page 3 Frederick County — Winchester Health Department: Health Department has no objection if public water and sewer can be approved and provided. GIS Department: Haggerty Boulevard has been approved and added into the official street name list. Winchester Regional Airport: This parcel does lie within the air space of the Winchester Airport and 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/northwest. Special considerations will not be requested by the Winchester Regional Airport. Department of Parks and Recreation: Plan appears to meet open space, recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which offers an internal network and provides for connection to future adjacent development. • Staff note: a connection has been proposed to the adjacent Twin Lakes development. However, the proposed location of this link does not conform to the already approved Channing Drive MDP. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 300 single family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments in this area. The impact of this project on current and future school needs should be considered during the approval process. Frederick County Planninst Department: Please see attached letter dated February 16, 2006, signed by Bernard S. Suchicital, Planner I. Staff note: preliminary staff comment letter of February 16, 2006, reviews an earlier version of the MDP that is not under current consideration. Comments from that letter have been addressed with exception of the following: open space dedication, failure to implement portions of the Eastern Road Plan (Spine Road and an east -west connector along the northern portion of the site), bike/pedestrian trail links to adjoiningparcels. The MDP now under consideration raises additional staff concerns: • Dedicating the potential future non-residential development site as open space/park land. The current designation violates the RP zoning district. • Providing an adequate community center within the development. • Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. • Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. i ! MDP #04-07, Haggerty Property April 18, 2007 Page 4 • Additional screening and buffering alongside the Route 37 corridor, and major collector road network. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances, and is consistent with the approved rezoning and proffered GDP. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location: The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Q Site History The subject parcels which make up this MDP were rezoned from RA (Rural Areas) District to RP (Residential Performance) District with Rezoning application #14-04 which was approved with proffers by the Board of Supervisors on February 9, 2005. The original submission of this MDP highlighted inconsistencies with the approved Rezoning and Generalized Development Plan (GDP). As a result, the application is pursuing a revision to the original Rezoning. This proposed revised rezoning and its approval must precede this MDP in order for the MDP to comply with zoning ordinance requirements. D) Intended Use Up to 300 single family homes (this includes single family detached, single family small lot attached, and townhouses), right-of-way dedication for Route 37, 38.56 acres of open space, and 12.09 acres for a potential future non-residential development. o Staff note: The 12.09 acres for `future potential non-residential development" are identified in both the current approved GDP and pending revised GDP as generalized open space. The intended use approved in the GDP respects the unique environmental characteristics of this parcel, yet it is not reflected in the MDP. o Staff note: The future potential non-residential land use and the highlighted road layout are inconsistent with the approved GDP, and is a violation of the RP district permitted uses. MDP #04-07, Haggerty Prop April 18, 2007 Page 5 E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] o Staff note: The proposed MDP does not conform to the Eastern Road Plan. Important links that are not represented in the application include: ■ Building the "spine road" (Haggerty Boulevard) parallel to Route 37 from Route 7 to Senseny Road (Route 657). ■ Building an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. [Comprehensive Policy Plan, p. 6-1, 6-21 The 111.56 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The parcels comprising this MDP application are not located within any of the Comprehensive Policy Plan's small land use area plans. However, the project site is depicted in the Eastern Frederick County Long Range Land Use Plan and Eastern Road Plan. Both plans identify the approximate path of the future Route 37 corridor. o Staff note: The MDP application has labeled a 12 acre parcel as `potential future non-residential development. " This designation is misleading, making it incompatible with the approved GDP. Staff believes that these 12 acres should be identified on the MDP as open space or park land, that it may be consistent with the approved GDP. Environment: The Opequon Creek provides the eastern border of the site. This feature and its associated floodplain warrant particular attention. The area of this site in floodplain, wetlands, lakes, and ponds totals approximately twenty acres, or eighteen percent of the 111.56 acre site. MDP #04-07, Haggerty Property • April 18, 2007 Page 6 o Staff note: The original rezoning (#14-04) was drafted to protect the 12 acres that is identified as potential non-residential development from development. There is a large amount of steep slopes and jloodplains that lie within this area. The proposed MDP does not adequately address the protection of these sensitive environmental features. The pending MDP also hinders this area by proposing a storm water management pond to be built above this site; disturbance of this area should be avoided. The storm water management pond should be placed in a more suitable location. Transportation: Access to the site will be via a rural two-lane undivided collector road, Haggerty Boulevard, which will link the project site to Berryville Pike (Route 7) west of the Opequon Waste Water Treatment Plant (as proffered). o Staff note: The application does not provide the required road efficiency buffer along each side the Route 37 corridor. The buffering provided in the MDP appears that it will become inadequate when Route 37 is built out. Additional screening and buffering should be provided in preparing for that event. o Staff note: The Eastern Road Plan identifies an east -west major collector road, connecting Haggerty Blvd and Valley Mill Road (Route 659). The original rezoning provided for this item along the northern boundary of the property. The MDP under review has this road further south, and identified as a neighborhood street. The MDP should reflect the proper location of this major collector road through a right-of-way easement, typical section, and buffering. o Staff note: The MDP lists Haggerty Blvd as rural two-lane collector road, with housing units fronting this street. The original rezoning proffered an urban two- lane road with a center turn lane. The Eastern Road Plan also identifies this as a major collector road, and therefore should not have any housing units fronting. As stated above, this application lies within the UDA. As such, any major collector road provided within an application, that is located within the UDA, must show an urban road cross-section. Amenities such as curb and gutter, sidewalks, and buffering will be expected. o Staff note: The adjacent Twin Lakes Overlook Development (Toll Brothers) MDP #05-04, shows a series of neighborhood streets to be placed alongside the Haggerty property boundary lines. The connection to this approved street network is required. There's an opportunity to connect a north -south neighborhood street from the southern end of Phase Two of Haggerty to Phase Ten of the Toll Brothers project. Currently, this MDP does not provide acceptable interparcel connectivity. Recreational Amenities: A paved 10 foot -wide trail system will be built to the standards of the Department of Parks & Recreation, linking the residential areas to open space parcels and adjoining developments. A location for a community center has been identified on the Haggerty property. However, it is noted on the MDP that if the neighboring Adams property receives rezoning approval, then the Haggerty community center will be built on the Adams property, allowing the Haggerty development full access rights. s �r MDP #04-07, Haggerty Property April 18, 2007 Page 7 o Staff note: The applicant proposes a trail link at the southern end of the property, north of the ravine, to the adjacent Toll Brothers. This project has an approved MDP (#05-04) that shows the trail link to the south of the ravine. To staffs knowledge, there has been no communication between the applicant and Toll Brothers to adjust their current plans, or any assurances that there will be. o Staff note: The MDP states that the community will be built on an adjacent property, should that property receive zoning approval in the future. The Zoning Ordinance states that any development containing single-family small lot housing shall provide a community center. Locating that community center on a separate parcel places this application in nonconformity to the ordinance. The community center should provide an amenity for this development. o Staff note: The MDP does not provide for a timetable to deliver the proposed community center. Proffers: Please see attached proffer statement. Issues: As stated above, there are still a number of outstanding issues yet to be resolved by the application: 1) Implementation of key elements of the Eastern Road Plan, with attention to the Spine Road and an east -west collector road. 2) Accurately depicting the proffered open space. 3) Appropriate interparcel connections of neighborhood streets and the pedestrian trail system. 4) Providing an adequate community center within the development based on housing type. 5) Additional screening and buffering alongside the Route 37 corridor, and major collector road network. STAFF CONCLUSIONS FOR THE 04//07 PLANNING COMMISSION MEETING: It is important to note that this MDP was based upon the pending Rezoning and proffer amendments for the Haggerty Property, Rezoning #04-07. The preliminary Master Development Plan for the Haggerty Development is in accordance with the proffers for Rezoning #04-07. If the Planning Commission does not recommend approval of Rezoning #04-07, this MDP should be revised to respect the original rezoning and proffers for the Haggerty Property Rezoning #14- 04, in particular, the road network provided with the approved GDP. Presently, this MDP is inconsistent with the proffered GDP approved with Rezoning # 14-04. As stated above, this application fails to address requirements of the Zoning Ordinance. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. i i Mr. Patrick Sowers Patton, Harris, Rust, and Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Haggerty Master Development Plan (MDP) Dear Patrick: March 29, 2007 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 The revised MDP submitted on March 27, 2007 has adequately addressed our previous review comments. Sincerely, AZV Harvey �. Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street • Winchester, Virginia 22601-5000 Frederick County Virginia Hazeerh, MDP Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2"d Floor 107 NCI. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Haggerty Property Location of Property: Located adjacent and east of Eddy's Lane (Rt 820), approx 3 miles East of Winchester and 1,500 ft South of Route 7. Department of Parks and Recreation's Comments: qPP 2rtnrhPd rnmmpntc 16 NAGGER fY PROPERTY MDP COMMENTS 4/11107 The revised Master Development Plan (4/10107) appears to meet open space and recreational unit reqtflrements. Staff recommends 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 offixed in a park- on this site would include: tennisourt's, ball dianiond, 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 systern by stating that the trail system is to be owned and maintained by the HOA and shall be open to the public. e 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. es M. Doran, Director2=::�4 Patton Harris Rust & Assocts, Pc • Engineers, Surveyors, Planners, Landscape Architects P H �1]7 East Piccadilly Street, Suite 200 J Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Transmittal To: Eric Lawrence Organization/Company: Frederick County Planning Address: 107 N Kent Street Winchester, VA 22601 Telephone Number: (540) 665-5651 Date: July 30, 2007 From: Patrick Sowers Project Name/Subject: Haggerty MDP Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 45 7/17/07 Haggerty MDP ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: ,1111 3 n 2007 Revised Prints Received by: Date: Patton Harris Rust & Aociates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street 2007 Winchester, VA 22601 PH R+A T 540,667.2139 F 540.665.0493 Transmittal To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: Bernard Suchicital Frederick County Planning 540.665.5651 May 25, 2007 Patrick Sowers HaggertyMDP Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 1 Haggerty MDP ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files Notes: ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Received by: Date: Patton Harris Rust & Assocqhs, Pc Engineers, Surveyors, Planners, Landscape Architects P 117 Fast Piccadilly Street, Suite 200 _� Winchester, Virginia 22601 H T 540.667.2139 F 540.665.0493 To: Bernard Suchicital Organ izationlCompany: Address Telephone Number: Date: From: Project Name/Subject: Via: Frederick County Planning 107 N. Kent Street Winchester, VA 22601 540.665-5651 April 13, 2007 Patrick Sowers I1 0 APR 1 3 .l_'vi Transmittal Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 40 Haggerty Master Development Plan ❑ Under separate cover Notes: Received by: Date: Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints T E COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 16, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-07 OF THE HAGGERTY PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 22, 2007 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south -of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55-A-212A in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: ---- -- - - -- -- - ---- - — - ---- -- ------ ----- - 65 - A- -195- 55 - A- = 212- RIGGLEMAN, LISA ANN & MILDRED L THE CANYON, LC 2737 SENSENY RD 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 22602 I WINCHESTER, VA 22601 Patton Harris Rust Associates, PC 1117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 A- - 209- TOLL VA IV, LP 21630 RIDGETOP CIR ST201 0 G5G4 DULLES, VA 55 -4- 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 -4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- - 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602-7917 STATE OF VIRGINIA COUNTY OF FREDERICK 56 - A- - 19. FREDERICK-WINCHESTER PMB 353 4017 WASHINGTON RD MCMURRAY, PA 32043.2603 Mr. Chuck Johnston, Planning Administrator Planning Department 102 North Church Street Berryville, VA 22611 15317 55 -4. - 4-A GREY, ALICIA F 1201 BONAVENTURE AVE GREEN COVE SPRINGS FL Michael T. Ruddy, Deputy Plannin\ g Di ector Frederick County Planning Department I,e 1 , a Notary Public in and for the State and County aforesa�do,reby certify that M chael T. Ruddy, Deputy Planning Director for the Department of Planni and Development, whose name is signed to the foregoing, dated �'7� /0-) , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �� b % My commission expires on Q/ i 9L� ISW IL 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-07 OF THE HAGGERTY PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 15, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55-A-212A in the Red Bud Magisterial District. A copy of the application will be available for, review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, 7`" % C ice. -vL Michael T. Ruddy / 7 Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 65 - A- . 195- 55 . A- - 212- THE CANYON, LC 420 W JUBAL EARLY OR STE 103 WINCHESTER, VA 22601 1 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester,- VA 22601 - --------- --- - - 55 - A- • 209- TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 DULLES, VA 20166.6564 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 - 4- - 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655-0550 55 - 4- - 3- i MCKEE, MICHAEL EDWARD I 283 EDDYS LN WINCHESTER, VA. 22602-7917 RIGGLEMAN, LISA ANN & MILDRED L 2737 SENSENY RD WINCHESTER,VA 22602 56 - A- - 19- FREDERICK-WINCHESTER PMB 353 4017 WASHINGTON RD MCMURRAY, PA 15317 55 -4- - 4-A GREY, ALICIA F 1. 1201 BONAVENTURE AVE j GREEN COVE SPRINGS, FL 32043.2603 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 Michael T. Ruddy, Deputy Planning Directol Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do I&cby certify that Micyacl T. Ruddy, Deputy Planning Director for the Department of Plan d g and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Staie(anJ County aforesaid. Given under my hand this ,/UGC- day of My commission expires on 1 NOTARY PUIOLIC • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING June 8, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-07 OF THE HAGGERTY PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, June 20, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55-A-212A in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on (, from the Department of Planning and Development, Frederick County, Virgmia: 65 A- - 195 55 - A- - 209- RIGGLEMAN, LISA ANN & MILDRED L TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 2737 SENSENY RD DULLES,VA 20166 WINCHESTER, VA 22602 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 55 - A- - 210- THECANYON 420 JUBAL EARLY OR STE #103 WINCHESTER,VA 22601 55 -4- - 1- FREDERICK-WINCHESTER PO BOX 433 WINCHESTER, VA 22604.0433 55 -4- . 2- INVESTORS AT, LLC 56 - A- - 19. FREDERICK-WINCHESTER PMB 353 4017 WASHINGTON RD MCMURRAY, PA 15317 55 -4- - 4-A GREY, ALICIA F 1201 BONAVENTURE AVE GREEN COVE SPRINGS, FL 32043.2603 Mr. Charles Johnston, Planning Director Clarke County 102 N. Church St. Berryville, VA 22611 PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4- 3- MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602.7917 Michael T. Ruddy, Deputy Planning Di ctor Frederick County Planning Departure t STATE OF VIRGINIA COUNTY OF FREDERICK b 1, a Notary Public in and for the State and County aforesaid, doh by certify that Mich T. Ruddy, Deputy Planning Director for the Department of Planni d Development, whose name is signed to the foregoing, dated 6 f d , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 66e day of b® My commission expires on I i P, a Q Zoo N6T'AR—Y PF mm., QFi' 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING April 20, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 404-07 OF THE HAGGERTY PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, May 2, 2007 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-07 for the Haggerty Property, submitted by Patton Harris Rust & Associates, for up to 300 single family detached and attached residential dwellings. The properties are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plan property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties are identified with Property Identification Numbers 55-A-212 and 55-A-212A in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Bernard S. Suchicital Planner I BSS/bad 107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000 9 0 This is to certi that the attached correspondence was mailed to the following on 0 o from the Department of Planning and Development, Frederick County, Virginia: - - -- - ---- 65 -A- - 55 A- 209• RIGGLEMAN, LISA ANN & MILDRED L TOLL VA IV, LP 21630 RIDGETOP CIR STE 130 �J 2737 SENSENY RD DULLES,VA 20166 �� WINCHESTER,VA 22602 56 . A• . 19- Patton Harris Rust Associates, PC FREDERICK•WINCHESTER Attn: Charles Maddox PMB 353 117 E. PiccadillyStreet, Suite 200 ` 4017 WASHINGTON RD QQ� MCMURRAY, PA 15317 Winchester, VA 22601 55 A 210 55 - 4- - 4•A GREY, ALICIA F THECANYON 1201 BONAVENTURE AVE 420 JUBAL EARLY DR STE #103 GREEN COVE SPRINGS, FL 32043.2603 WINCHESTER,VA 22601 55 -4- - I. �1 FREDERICK-WINCHESTER PO BOX 433 WINCHESTER,VA 22604.0433 55 -4- . 2- INVESTORS AT, LLC PO BOX 550 STEPHENS CITY, VA 22655.0550 55 -4• . 3- I MCKEE, MICHAEL EDWARD 283 EDDYS LN WINCHESTER, VA. 22602 7917 Bernard S. Suchicital, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDER/IICK a Notary Public in and for the State and County aforesaid, do ereby certify that BerfVard S. Suchicital, Planner I for the qpart nt of Planning and Development, whose name is signed to the foregoing, dated q- �2o 0 7 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �O__& day of ��Ap,i My commission expires on NOTAR UBLIC "+ P4 ° -0 Y PRo PjxA- TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Plonee .. : -i -j ID # ame 3 o secs orjabets by Address THANKSI' R �? Residential 55-A-209 55-A-211 V �,` Vacant _ Fu-She Farm aP nr�ersV ? 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-210R C'z, , „� 602E--- RA Residential 55-4-1 ✓ Frederick - Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55-4-2 -=' t , Mrd�, VA- -2"5---� RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA 22602 RA Residential 65-A-195 Lisa Ann & Mildred L Riggleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural .n 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 305 Chapel Hill Rd., Cross Junction, VA22625 P.O. Box 433, Winchester, VA 22604 RA RA Residential Vacant 56-A-16 • Frederick - Winchester 56-A-19 c PMB 353, 4017 Washington Rd., McCurra , PA 15317 RAI Local Government F F-aco c —\a-< - c,J-,KcI,¢St-e- - 0 AT, tue- SAS Ctfy , v� 22 New 55-q-qA 4tic,a�, t201 cQc+-E;� green cvo, Sp�,��g �L 30% 3 2o.-t3 SS-�-zto = ire �KSoK 56--+-* 103 Toll V,4 IP ZOKPcQ : R h Cr,Je s�,_fe i3o � S 7 `•• /`{ � ZV( C �4w•'l'? CitinLQGI lK�(i Li..g Patrick R. Sowers From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov] Sent: Thursday, March 08, 2007 8:29 AM To: Patrick Sowers Cc: Ingram, Lloyd; 'Eric Lawrence; mruddy@co.frederick.va.us Subject: Haggerty Property Preliminary MDP The preliminary master development plan for this property appears to have a significant measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT can support this preliminary master development plan provided the following assumptions made by VDOT are.clarified on the plan and/or proffers: * On Page 3 of 6 that the road from Point "A" thru "B" to "C" and "D" will be completely built prior to the 151st building permit being issued. This would include the bridge across the stream between Points "C" and "D". * That the term "project limits" is the same as "property line". * The constructability of future Route 37 over the 60' right-of-way (connecting to the Adams' Property) is reasonable and can be demonstrated. A linear profile of the proposed center line of Route 37 in reference to the existing grades and future Haggerty Boulevard would help with the analysis of the constructability. * The minor adjustment to the sidewalk locations to meet VDOT's utility strip minimum width requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 1 • • Control number MDP05-0016 Project Name Haggerty Property Address 117 E. Piccadilly St. Type Application Master Development Plan Current Zoning RP Automatic Sprinkler System No Other recommendation Date receive 1/5/2006 Pisa Review and omm nos d Date reviewed 1/5/2006 Applicant PHRA City State Zip Winchester VA 22601 T ID N b Date Revised Applicant Phone 540-667-2139 — um er Fire District Rescue District 55-A-212, (A) 18 18 Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Recommendations Automatic Fire Alarm System Yes Additional Comments Plan approved for preliminary purposes. Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Jeffrey S. Neal Title• 1� • • I COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 May 25, 2006 FE43 2 G 200/ Mr. Patrick Sours Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Haggerty Property Revised Master Development Plan (MDP) Frederick County, Virginia Dear Patrick: We have reviewed the revised 1 aggeltty Property MDP dated May 4, 2006, to insure compliance with our previous review comments. f%-/Iur final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Sincerely, Ohl Avvvecl)ay-y (i Y " Harvey E. Strawsnyder, Jr., P.E.-� Director of Public Works HES/rls cc: planning and Development file CAProgram Files\WordPerfect Office 11\Rhonda\TEMPCOMMENTS\haggertyrevmdpcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Frederick Co. Inspections Department Attn: Building Official 107 N. Kent St. Winchester, VA 22601 Hand deliver to: 4th Floor 107 N. Kent St. Winchester, VA (540) 665-5650 RECEIVED JAN 0 5 2606 FREOERUCOMY "'UBUCWORK&1NSPECI M Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: PHRA Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Frederick County Inspections Department Comments: �11�79�.T',�1��-*A��1/i�►T,7 7iL1�l�r7l.Tsc��/ Frederick County Inspections Department use only Date received evie , Num : 12 ) 4 51( Date reviewed Signature and Date se circle one) Revision req CN 14 Frederick County, Virginia REVISED HAGGERTY MASTER PLAN Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Tom Price Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and East of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. FCSA Comments: Z414 1/ f W — /f �d VI-50 Frederick County Sanitation Authority use only Date received Review Number: 1 2 3 4 5 (Please circle one) Date reviewed Date roved: Revision required Signature and Date 12 Ll • Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 August 17, 2006 Mr. David B. Holliday The Canyon, LC 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 Dear Mr. Holliday: SUBJECT: BOUNDARY ADJUSTMENT FOR THE HAGGERTY PROPERTY This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. I hope you will find this acceptable. Sir�rely, /)- -- .04 Jesse W. Moffett Executive -Director Frederick -Winchester Service Authority JWM:ncg CC: Michael T. Ruddy — Deputy Director, Planning & Development John B. Schroth — Chairman, Frederick -Winchester Service Authority Board "Maim(abd#tq amd PromotlNg tAe Vaekas of h4a Coxtxwmity tliroagR 80tViroti0q¢htae st¢wards4ip" Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 January 10, 2006 C. E. Maddox, Jr., P.E. Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: SUBJECT: ROADWAY PROPOSAL — HAGGERTY PROPERTY In reviewing the above referenced plans, I thought it was appropriate to attach, to this review, a letter dated January 6, 2005, which was the last response of the Frederick - Winchester Service Authority Board, with regards to a roadway proposal across the OWRF site. In reviewing the plans, I noticed there was an exchange of 2.2 acres. This does not seem to coincide with the request of the Board deeding the undeveloped portion of the parcel south of the plant site along the Opequon Creek to the Authority. In allowing for development to occur and the need for this roadway, it is critical to the Service Authority to have a larger buffer area around the facility, if possible. 1 would suspect that the Authority would not consider anything less than the area enclosed within the 600 ft buffer shown on your Master Development Plan. I have enclosed the referenced letter so that you will be aware of the conditions under which the Service Authority would entertain providing the proposed right of way. ce ly, Je e W. Moffett Executive -Director Frederick -Winchester Service Authority CC: FWSA Board Members John J. Riley, Jr. — County Administrator — County of Frederick Eric R. Lawrence — Director — Planning & Development ' 'A4LWmiaiMFNg amd Proxfotixo iAe ttaeaas of ffir Coommikmity tArott,04 CNViromomemiae StewardrAip' Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Department of GIs (Geographic Information Systems) Mail to: Hand deliver to: Department of GIs, Attn: GIs Manager Department of GIs 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 The GIs Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Address: Phone Number: 117 E. Piccadilly Street Winchester, VA 22601 (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP'property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. GIs Manager Comments: ,el of Planning and Development use only Date received 0/-0519& Review Number: 1 2 3 4 5 (Please circle one) Date reviewed 42/-G3 Date approy�d: ,�� Revision required 41-r i-03` 55-�aia�l Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments , 15 lob Frederick County — Winchester Health Department oo Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 2°° Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: PHRA Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Frederick County - Winchester Health Department's Comments: Frederick Co. — Winchester Health Dept. use only Date received Date reviewed _ Signature and Date Review Number: 1 2 3 4 5 (Please circle one) Date approved: Revision required !/c, 5 y-, Frederick County, Virginia Master Development Plan Application Packa_e Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2nd Floor 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: PHRA Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Department of Parks and Recreation's Comments: Plan appears to meet open space recreational unit and proffer requirements. The Parks and Recreation Department assumes the open space provided meets the usable open space criteria. The Parks and Recreation Department would like to see a detailed trails plan which otters an internal network an6 provides for connection to ruture adjace t development. Department of Parks and Recreation use only Date received Review Number: 12 3 4 5 (please circle one) Date reviewed t Date approved Revision required e/ f Signature and Date a Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name Address: Phone Number: 117 E. Piccadilly Street Winchester, VA 22601 (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Winchester Regional Airport Comments: Winchester Regional Airport use only Date received Review Number: 1 2 3 4 5 (Please circle one) Date reviewed Date approved: Revision required .. a ire and Date 11 Frederick County, Virginia Master Development Plan Application Package 19 • • SERVING THE TOP OF VIRGINIA H0 %,*1 February 6, 2006 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Charles E. Maddox, Jr., P.E. Gilbert W. Clifford and Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Master Development Plan Haggerty Property Red Bud Magisterial District Dear Mr. Maddox: The Winchester Regional Airport Authority offers the following comment regarding the proposed rezoning plan for the referenced project. This parcel does lie within the air space of the Winchester Airport and 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/northwest. Special considerations will not be requested by the Winchester Regional Airport. Thank you for allowing us the opportunity to review this master plan request. Sincerely, S. R. Manuel Executive Director bents .4n Q C P c Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k12va.us the Superintendent January 16, 2006 Mr, Charles E. Maddox, Jr. Patton, Harris, Rust & Associates, pc 117 E. Piccadilly Street Winchester, VA 22601 Dear Mr. Maddox: RE: Haggerty Property Master Development Plan e-mail: kapocsis@fredericIc_k1Zva.us This letter is in response to your request for comments regarding the master development plan application for the proposed Haggerty Property. Based on the information provided, it is anticipated that the proposed 300 single-family detached and attached homes will impact as follows: 117 elementary school students, 42 middle school students, and 51 high school students for a total of 210 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this master development plan on current and future school needs should be considered during the approval process. Respectfully yours, Stepli n M. Kapocsi Administrative Assistant to the Superintendent SMK:dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-M90 NJ February 16, 2006 Mr. Tom Price Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Preliminary Review Comments for Haggerty Property Master Development Plan Property Identification Number (PIN) 55-A-212 & 212A Dear Mr. Price: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as the Haggerty Property, submitted to staff on January 11, 2006. Staff s review comments are listed below for your consideration. 1. Proffers that needs to be addressed • Revise the proposed trail network to address the concerns of the Parks and Recreation Department and the following points. As depicted on the proffered Generalized Development Plan (GDP), the trail should be rerouted to parallel alongside Haggerty Blvd., so that it may share the same intersection with VA Route 37, and ultimately provide a connection to the proposed open space in the northeastern portion of the property. Provisions should be made for the trail to cross future Route 37. • Connect the trail to Channing Drive Phase 10, north of the stream, above the dam. f • Realign Haggerty Blvd so that it connects to the southern property line as depicted on the proffered GDP and as per proffer 13.2 of Rezoning #14-04. • Show how the road network will function with future Route 37 in place. .� • Provide the range for the number of housing unit types as listed in proffers #1.1 and #1.2. Per proffer #13.3, the MDP should reflect plans for signalization at the intersection of Route 7 and Haggerty Blvd. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Tom Price Re: Haggerty Property MDP February 16, 2006 Page 2 • Relocate the east -west road to the north as depicted on the proffered GDP and as per proffer #13.4, so that necessary connections by others can be made. The construction of this road, a designated major -collector road, .should be incorporated into the road network for this project, should provide direct access to Eddy's Lane,'and should enable access by the adjacent properties. 2. Open Space • Dedicate the open. space parcel as park land. During the rezoning approval, a specific area was identified as a location for a park facility located adjacent to the Opequon Creek. The area encompassing was designated as open space, and this would enable the applicant to dedicate such land for a public park. 3. Other Design Information ✓• On Sheet 1 of 6, include the name, address, and telephone number of the. developer. ✓• On Sheet 1 of 6, sign the certificate of the engineer. 1/• On Sheet 1 of 6, the vicinity map needs to be at a scale of 1:2000. ✓ • On Sheets 2 — 6 of 6, include the date that the plan was prepared. ry`' • On Sheet 2 of 6, the scale of MDP is not to exceed 1:100 • On Sheet 2 of 6, provide the use, zoning, and property owner information of all adjoining properties. Jo On Sheet 3 of 6, regarding the Route 7 and Haggerty Blvd. intersection, extend the four lanes of Haggerty Blvd. to south of the FWSA access road. • On Sheet 3 of 6, relocate (C) to the north so that all turning movements are covered. ,Z* On Sheet 3 of 6, the Road Plan should provide a cross section of road segment labeled (E) on the MDP. �• Include a schedule of phases, boundary of phases, and order of development as depicted in proffers #1 through #2. f• Provide the number of dwelling units (by type, phase, and in total). . . 0., lf�" f 0 9 Mr. Tom Price Re: Haggerty Property MDP February 16, 2006 Page 3 • Provide the acreage in common open space, in housing types, in road rights -of - way, and for the entire development (by Phase). • Provide the location, arrangements, and right-of-way widths of roads, property access, street entrances, driveways, and parking areas, and establish phase lines for road construction. ✓• Provide the location of adjoining streets and utilities, include the road layout from the Twin Lakes Overlook MDP and make the appropriate connections. • Provide the locations, dimensions, and landscaping details of all required buffers including Residential Separation Buffers and Road Efficiency Buffers. Provide the amount and percentage of disturbed and protected land in common open space, as well as the percentage of environmental features (shown in a table format). 14 Please ensure that all comments are addressed when revising the MDP. Once all comments have been addressed and review agency comments received, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $13,156 (2,000 base + $11,156 @ $100 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. I have attached a marked copy of the plans to assist with the revisions. Please do not hesitate to contact me with questions regarding this letter. Sincerely, -- Bernard S. Suchicital Planner I Attachment B S S/bad Patton Harris Rust ARssociates • Engineers. Surveyors. Planners. Landscape Architects. P�n A 117 East Piccadilly Street H L+ 1 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Eric Lawrence Organization/Company: Frederick County Planning Department From: Patrick Sowers Date: July 23, 2007 Project Name/Subject: Haggerty Revised Master Development Plan Please find attached two copies of the revised Master Development Plan for the Haggerty Property which is in accordance with the proffer statement dated July 17, 2007 and Generalized Development Plan dated July 2, 2007. I will provide 45 copies of the revised MDP to your office tomorrow for the Planning Commission mail - out. Additionally, I am sending copies of the revised MDP to VDOT, Public Works, and Parks and Recreation to insure that the modifications to the plan are satisfactory. Please feel free to contact me with any questions you may have. Sincerely, Patton HHarris ust Associates Patrick R. Sowers IJUL 2 3 2007 Patton Harris Rust & Associates i Engineers. Surveyors. Planners. Landscape Architects. R+A 117 East Piccadilly Street Winchester, Virginia 22601 MAR 2 6 2007 PH T 540.667.2139 F 540.665.0493 To: Bernard Suchicital Organization/Company: Frederick County Planning From: Patrick Sowers Date: March 26, 2007 Project Name/Subject: Haggerty MDP I have attached the completed application as well as a copy of the Master Development Plan for the Haggerty Property. I have included a revised comment from the Virginia Department of Transportation. Please note that the attached plans include revisions that address VDOT's comments. Also, a copy of the wetlands delineation report and a copy of the revised Master Plan has been submitted to the Public Works Department. A copy of the MDP including all recreation requirements has been submitted to the Parks and Recreation Department as well. I would note that changes to the previous plan, as commented on by Parks and Recreation on January 20, 2006, would not affect the proffered conditions or ordinance requirements related to Parks and Recreation. Your letter dated February 28, 2007 regarding the previous submittal of the MDP inquired as to the status of the proffer modification request and the status of a request by PHR+A to modify the Eastern Road Plan. The proffer modification request for this Property was submitted on March 23, 2007 and I would note that a previous request to modify the Eastern Road Plan was submitted in reference to the Carnage Park rezoning application, not the Haggerty Property. Sheet 6 of the MDP now includes the revised proffer statement in place of the proffer statement approved as part of rezoning #14-05. As indicated in my letter to Mike Ruddy on March 23`d regarding the Haggerty Proffer Modification Request, we intend to proceed with the proffer modification request and MDP concurrently. I will provide any additional copies needed for the Planning Commission and Board of Supervisors as needed. Please feel free to call with any questions. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers ral 4V CO ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 28, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: Haggerty Property MDP Property Identification Numbers (PINS) 55-A-212 & 212A Dear Mr. Sowers: This office received an MDP application package for the Haggerty Property on February 26, 2007. As submitted to this office, the application is incomplete and is not ready to be accepted. The package requires updated final comments from the following agencies: VDOT, Parks & Recreation, and Public Works. Comments previously provided by Planning and these agencies remain unaddressed, particularly the issue addressing the spine road running parallel from Route 7 to the southern most boundary of the project site. Please ensure that all agencies are afforded the chance to review and provide final comments on this latest version of the MDP. Attached you will find the submitted application package and fee check returned to you. Staff is aware of a request, by the applicant, to amend the Eastern Road Plan and of a request to revise the Haggerty Rezoning GDP. With the submission of this MDP in its current form, an update on these related efforts would be helpful. Please confirm the status of these requests. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Bernard S. Suchicital Planner I BSS/bad cc: David Holliday, PO Box 3276, Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 cQ . 0 MAR 2 6 2007 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 COMMENTSAS TO WHAT YOU WOULD LrAE TO HAVE COMPLETED. INITIALS Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): .; U:\Pam\Common\Document Approval Form.wpd DATE & TngE -5277 g,.,;� Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation 2275 Northwestern pike Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name Address: Phone Number: PHRA 117 E. Piccadilly Street Winchester, VA 22601 (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Virginia Department of Transportation's Comments: See attached email from Lloyd Ingram at VDOT to Mr. Ron Mislowsky at PHR&A Dated July 7, 2006. Funkhouser, Rhonda From: Ingram, Lloyd Sent: Friday, July 07, 2006 7:23 AM To: 'Ronald A. Mislowsky' Cc: Copp. Jerry; 'Eric Lawrence (elawrenc@co.frederick.va.us)' Subject: Haggerty Master Plan Ron, The formal Frederick County comment sheet will follow on Monday. Haggerty Property Master Plan The preliminary master plan for this property appears to have significant measurable impact on Route 7 _,_the VDOT facilities which would provide access to the property. The Master Plan appears acceptable to VDOT after receiving the email from PHR&A (July 5, 2006) clarifying the Eddy's Lane ingress/egress to the site. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) .,,,Haggerty Master Plan Page 1 of 2 Bernard S. Suchicital From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Friday, July 07, 2006 9:50 AM To: 'Bernard S. Suchicital'; 'Candice Perkins'; 'Mike Ruddy' Subject: FW: Haggerty Master Plan Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) -----Original Message ----- From: Ingram, Lloyd[mailto:Lloyd.Ingram@VDOT.Virginia.gov] Sent: Friday, July 07, 2006 6:23 AM To: 'Ronald A. Mislowsky' Cc: Copp, Jerry; 'Eric Lawrence (elawrenc@co.frederick.va.us)' Subject: Haggerty Master Plan Ron, The formal Frederick County comment sheet will follow on Monday. Haggerty Property Master Plan The preliminary master plan for this property appears to have _significant_ measurable impact on Route 7 , the VDOT facilities which would provide access to the property. The Master Plan appears acceptable to VDOT after receiving the email from PHR&A (July 5, 2006) clarifying the Eddy's Lane ingress/egress to the site. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. 7/10/2006 .,Haggerty Master Plan • • Page 2 of 2 Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 7/10/2006 M AY 2 6 2006 May 25, 2006 Mr. Patrick Sours Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Haggerty Property Revised Master Development Plan (MDP) Frederick County, Virginia Dear Patrick: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have reviewed the revised Lag-e:t,, Property MDP dated May 4, 2006, to insure compliance with our previous review :,omments. ::;ur final approval will be contingent on receipt of the wetlands delineation report and a revised MDP indicating the location of the wetlands. Sincerely, IS Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development ✓ / file C:\Program Files\WordPerfect Office 11URhonda\TEMPCOMMENTS\haggertyrevmdpcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNWMUDERI Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 16, 2006 Mr. Tom Price Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: Preliminary Review Comments for Haggerty Property MDP, 2"d Review Property Identification Numbers (PINS) 55-A-212 & 212A Dear Mr. Price: Thank you for providing me with the opportunity to review the revised preliminary master development plan (MDP) for the Haggerty Property, submitted to staff on May 4, 2006. Staff s initial review of the second submission of this MDP is as follows: Transportation • The submitted MDP for the Haggerty Property is inconsistent with the Frederick County Eastern Road Plan and the Generalized Development Plan, proffered to the County as recorded in Rezoning 414-04. Please ensure that this comment is addressed when revising the MDP. Once this comment has been addressed, staff will complete its review of the revised MDP. Upon completion, the review fee will be $13,156.00 ($2,000.00 base + $11,156.00 @ $100.00 per acre), as well as all agency review comments, Special Limited Power of Attorney Form and completed application will be due to this department. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Bernard S. Suchicital Planner I BSS/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 gilbert w. clifford Asociates a division of Patton H arris Rust & Associates,pc Winchester, EngineersSurveyors. Planners. Landscape Architects. PHR+A117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 Memorandum To: Lloyd Ingram - VDOT Eric Lawrence — Frederick County Planning John Whitacre — FCSA John Trenary — Inspections Ed Strawsnyder — Public Works From: Date: Project Name/Subject: PHR+A Project file Number: cc: Thomas Price 2006 Revised Haggerty Master Plan Attached is the REVISED Haggerty Master Plan. The major revision to this plan from your previous review is that Haggerty Boulevard runs parallel to the Future Route 37 Right-of-way on the east side, rather than crossing to the north and running parallel on the west side of Future Route 37. A new comment sheet is attached for your comment as required by Frederick County Master Plan regulations. If I can answer any questions, please feel free to call myself, Patrick Sowers or Ron Mislowsky anytime. Thank you Thomas Price PHRA r 41 �qs Frederick County, Virginia REVISED HAGGERTY MASTER PLAN Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4` Floor Dept. of Planning & Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Tom Price Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and East of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Planning Department Comments: Department of Planning and Development use only Date received Review Number: 1 2 3 4 5 (Please circle one) Date reviewed Date approved: Revision required Signature and Date • • COUNTY of FREDERICK I February 27, 2006 Mr. Patrick Sours Patton Harris Rust & Associates. p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Haggerty Property Master Development Plan (MDP) Frederick County, Virginia Dear Patrick: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed MDP for the Haggerty Property and offer the following continents: Refer to Sheet 3 of 6: The actual alignnent of Haggerty Boulevard at the southern end of the property should be coordinated with the approved MDP for the Toll Brothers property. 2. Refer to Sheet 4 of 6: Delineate existing wetland areas. A copy of the wetlands study and MDP should be provided to the Corps of Engineers for their review and continent. Also, please provide this office with a copy of the wetlands study. 3. Refer to Sheet 4 of 6: The most southern stormwater pond location appears to conflict with the regional pump station currently under construction. This conflict should be resolved and the pond location revised accordingly. The access road associated with the new regional pump station should be reflected on this drawing and future subdivision designs. I can be reached at 722-8214 if you should have any questions regarding the above continents. Sincerely, Harvev E. rawsnvder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development t i' file C:\Program Files\WordPerfect office I1\Rhonda\TEAIPCOiNIRIEN'rS\haggerti-iudpcom.ii•pd 107 North Kent Street • Winchester, Virginia 22601-5000 VICINITY MAP SCALE: 1" = 2,000' APPROVED BY-.' FREDERICK COUNTY SUBDIVISION ADMINISTRATOR VIRGINIA DEPARTMENT OF TRANSPORTATION DATE DATE OWNER'S CONSENT: (AS TO PIN 55—A-212) THE ABOVE AND FOREGOING DIVISION OF THE PROPERTY OF THE CANYON, LC., AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. NOTARY PUBLIC STATE OF CITY/COUNTY OF_ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON DATE IN (DATE) (NOTARY PUBLIC) MY COMMISSION EXPIRES OWNER'S CONSENT: (AS TO PINS 55-4-1, 56—A-18 & 56—A-19) (DATE) THE ABOVE AND FOREGOING DIVISION OF THE PROPERTIES OF WINCHESTER—FREDERICK SERVICE AUTHORITY, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. NOTARY PUBLIC STATE OF CITY/COUNTY OF_ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (NOTARY PUBLIC) MY COMMISSION EXPIRES �� ELT H OF yj�, oho � v CORY M. HAYNES 9 No. 2539 OT,4TT � (DATE) DATE (DATE) FINAL PLAT OPEQUON WATER RECLAMATION FACILITY RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: JAN. 16, 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. PHPA+ 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 3 55—((4))-1 FREDERICK- WINCHESTER SERVICE AUTHORITY DB 600, PG 691 n 55-4-210 1c�1 55—A-209 55M-2-9-149D 6.9-A-1QF) NOTES: BFR'� TF 1. FREDERICK COUNTY PINS: 55—A-212, 55-4-1, 56—A-18 & 55—A-19; ZONED: RA & RP. 2. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 3. BASIS OF MERIDIAN SHOWN HEREIN IS A FIELD RUN GPS SURVEY CONDUCTED BY THIS FIRM WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 4. PERMANENT MONUMENTATION WILL BE SET AT ALL RIGHT OF WAY (ROW) CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 5. ADJOINING PROPERTY INFORMATION SHOWN HEREIN IS DERIVED FROM INFORMATION OBTAINED FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE, 2005. SURVEYOR'S CERTlFlCATE: FRFp Ss, e oe F q WC p�oR/TyTFR cKj\'9 �iC w/NC oe q UTyO ESTe .A�R�Ty R OVERALL MAP SCALE: 1 " = 1000' H OP0 Gf U CORY M. HAYNES �P- Npo. 2539 T I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR FINAL PLAT IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, OPEQUON WATER TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT RECLAMATION FACILITY THE PROPERTIES CONTAINED IN THIS DEDICATION AND RED BUD MAGISTERIAL DISTRICT ADJUSTMENT ARE THE SAME PROPERTY CONVEYED TO FREDERICK COUNTY, VIRGINIA THE CANYON, LC. BY DEED RECORDED AS INSTRUMENT #040014715 [55—((A))-212] & TO FREDERICK— SCALE: 1 "=1000' DATE: JAN. 16, 2006 WINCHESTER SERVICE AUTHORITY BY DEEDS RECORDED Patton H a r r i s Rust & A s s o c i a t e s, p c AS DEED BOOK 600, PAGE 691 [55—((4))-1], DEED Engineers. Surveyors. Planners. Landscape Architects. BOOK PAGE [56—((A))-18] AND DEED 117 East Piccadilly Street, Suite 200 BOOK PAGE [56—((A))-19] ALL AMONG THE LAND RECORDS Winchester, Virginia 22601 RA PH OF FREDERICK COUNTY, VIRGINIA. T 540.667.2139 F 540.665.0493 SHEET 2 OF 3 s77.� S7, 197 85' C1 �L/e�RR y�/ R0' S7�'�s• l�jpTypl�F 291 52 S'F C� .9 0 tiE. NS4 44 90 8 j 2 y�V � C7 56-((A))-19 FREDERICK-WINCHESTER SERVICE AUTHORITY GGER DB PG NPg��O 1 z � N � W O (NPa fo ,/� C5 60:. C6 S3,57S . ' 00 - w �47'sh 4i k— n / M cry n N N cb O N M. ~30' / 56-((A))-18 / FREDERICK-WINCHESTER SERVICE AUTHORITY t� DB PG / o0 -S 7�57'ls� Sr %1 �0 \ 55-4-2 i 55-((A))-212 / THE CANYON, LC INST #040014715 <� \ (OLD) PROPERTY C> u" LINE HEREBY oo VACATED °os CURVE TABLE CURVEI RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 2839.79 7'21 22 364.60 182.55 N73'S5 50 W 364.35 C2 2839.79 7'04 39 350.78 175.61 N67'29 05 W 350.56 C3 250.00' 7'54'58" 34.54 17.30' N08'55'56"W 34.51' C4 250.00' 34'37'26" 151.08' 77.92 SO4'25'18"W 148.79 C5 580.00' 46'02'36" 466.09' 246.45 S44'4519 W 453.65' C6 670.00 32'31'19" 38030 195.43' N51'30 58 E 375.22' C7 50.00 94'51'41" 8178-1 54.43 N0758 51 W 73.65 C8 50.00' 62'36 37 54.64 30.41' S71 *25'18"W 51.96 C9 280.00' 48'00 05 234.58 124.67' S12*29'11 "W 1 227.78 AREA TABULATION: TOTAL AREA OF ROW = 117,564 SF 2.6989 AC (SEE NOTE A) TOTAL AREA OF BLA = 235,128 SF 5.3978 AC (SEE NOTE B) NOTE A: THROUGH THE PROPERTY OF FREDERICK—WINCHESTER SERVICE AUTHORITY. PIN 55-4-1 PIN 56—A-18 PIN 56—A-19 NOTE B: AREA OF LAND CONTAINED WITHIN PIN 55—A-212, PROPERTY OF THE CANYON, LC TO BE CONVEYED TO FREDERICK—WINCHESTER SERVICE AUTHORITY (ADDED TO PIN 56—A-19). � QUoN REEK ppE ELT H of �r v CORY M. HAYNES No. 2539 Of��,4TT sulo w Z 0 N M� U cZ zQ z CD of 5 FINAL PLAT OPEQUON WATER RECLAMATION FACILITY RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "=300' DATE: JAN. 16, 2006 Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 PH��Winchester, Virginia 22601 T 540.667.2139 F 540.665,05.049393 SHEET 3 OF 3 0 4 i r i< C r Re: DRAFT VDOT Comments - Haggerty Property Master Development Plan 1 10 0 SOjeci: Re: DRAFT VDOT Comments - Haggerty Property Master Development Plan Date: Tue, 28 Feb 2006 15:04:16 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> CC: "'mruddy@co.frederick.va.us"' <mruddy@co.frederick.va.us>, Bernie Suchicital <bsuchici@co.frederick.va.us> Hi Lloyd - A few items that you may want to comment on: * The MDP specifically states that Haggerty would be responsible for "partial funding' of the Rt. 7 signal. Should they be responsible for the entire bill? The proffer stated they'd install a traffic signal. * The proposed Haggerty Blvd appears to have an intersection with a local street directly in the middle of Rt. 37. Additionally, the Haggerty Blvd. does not cross Rt. 37 in a low spot, which would have minimized grading requirements. Both of these require further design attention. * The MDP ordinance requires that all roads be included on the MDP. Therefore, where are the"local streets. * Haggerty Blvd., as presented, terminates at Twin Lakes property (Toll Brothers). Twin Lakes already has an approved MDP, therefore this road would never be extended further south. The proffered rezoning for Haggerty stated that the Blvd. would be extended to the southern property line, which places the cross crossing responsibility with Haggerty. The Haggerty MDP should be revised to reflect that Haggerty will place the Blvd. adjacent to Rt. 37, as well as construct the necessary bridge crossing. * There is no road detail for cross-section E. Some of these points may be appropriate for VDOT to comment on... Thanks for the opportunity to offer you comments. -Eric "Ingram, Lloyd" wrote: Mike, Please review and provide comments to the attached. If we don't hear anything by tomorrow at 9:00 a.m., we will forward to PHR&A. Thanks, N Lloyd From: Funkhouser, Rhonda Sent: Friday, February 24, 2006 3:30 PM To: Ingram, Lloyd 1 of 3 2/28/2006 3:11 PM Re: DRAFT VDOT Comments - Haggerty Property Master Development Plan 0 . Subje,du DRAFT VDOT Comments - Haggerty Property Master Development Plan The preliminary master plan for this property appears to have a measurable impact on Route 7, the VDOT facility which would provide access to the property. VDOT offers the following comments: At location "A" it is felt the proposed road to the wastewater treatment plant needs to be moved far enough south that there is adequate room for traffic to weave from a turn lane to make the entry way into the wastewater treatment plant. The four -lane section should extend far enough beyond this intersection to allow the safe transition down to a two-lane typical section. At location " F" provisions should be made that would allow someone other than Adams to tie into the proposed 60' right-of-way being reserved for this purpose. This is to allow someone to develop and enter this reserved right-of-way directly from Eddy's lane without having to obtain access from Adams Development. Once these items have been addressed, VDOT feels the proposed master plan will meet our requirements. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 2 of 3 2/28/2006 3:11 PM f Ah February 16, 2006 Mr. Tom Price Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 FAX: 540/665-6395 RE: Preliminary Review Comments for Haggerty Property Master Development Plan Property Identification Number (PIN) 55-A-212 & 212A Dear Mr. Price: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as the Haggerty Property, submitted to staff on January 11, 2006. Staff s review comments are listed below for your consideration. 1. Proffers that needs to be addressed • Revise the proposed trail network to address the concerns of the Parks and Recreation Department and the following points. As depicted on the proffered Generalized Development Plan (GDP), the trail should be rerouted to parallel alongside Haggerty Blvd., so that it may share the same intersection with VA Route 37, and ultimately provide a connection to the proposed open space in the northeastern portion of the property. Provisions should be made for the trail to cross future Route 37. • Connect the trail to Channing Drive Phase 10, north of the stream, above the dam. • Realign Haggerty Blvd so that it connects to the southern property line as depicted on the proffered GDP and as per proffer 13.2 of Rezoning #14-04. • Show how the road network will function with future Route 37 in place. • Provide the range for the number of housing unit types as listed in proffers #1.1 and #1.2. • Per proffer # 13.3, the MDP should reflect plans for signalization at the intersection of Route 7 and Haggerty Blvd. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • Mr. Tom Price Re: Haggerty Property MDP February 16, 2006 Page 2 • Relocate the east -west road to the north as depicted on the proffered ODP and as per proffer #13.4, so that necessary connections by others can be made. The construction of this road, a designated major -collector road, should be incorporated into the road network for this project, should provide direct access to Eddy's Lane, and should enable access by the adjacent properties. 2. Open Space • Dedicate the open space parcel as park land. During the rezoning approval, a specific area was identified as a location for a park facility located adjacent to the Opequon Creek. The area encompassing was designated as open space, and this would enable the applicant to dedicate such land for a public park. 3. Other Design Information • On Sheet 1 of 6, include the name, address, and telephone number of the developer. • On Sheet 1 of 6, sign the certificate of the engineer. • On Sheet 1 of 6, the vicinity map needs to be at a scale of 1:2000. • On Sheets 2 — 6 of 6, include the date that the plan was prepared. • On Sheet 2 of 6, the scale of MDP is not to exceed 1:100 • On Sheet 2 of 6, provide the use, zoning, and property owner information of all adjoining properties. • On Sheet 3 of 6, regarding the Route 7 and Haggerty Blvd. intersection, extend the four lanes of Haggerty Blvd. to south of the FWSA access road. • On Sheet 3 of 6, relocate (C) to the north so that all turning movements are covered. • On Sheet 3 of 6, the Road Plan should provide a cross section of road segment labeled (E) on the MDP. • Include a schedule of phases, boundary of phases, and order of development as depicted in proffers #1 through #2. • Provide the number of dwelling units (by type, phase, and in total). Mr. Tom Price Re: Haggerty Property MDP February 16, 2006 Page 3 • Provide the acreage in common open space, in housing types, in road rights -of - way, and for the entire development (by Phase). • Provide the location, arrangements, and right-of-way widths of roads, property access, street entrances, driveways, and parking areas, and establish phase lines for road construction. • Provide the location of adjoining streets and utilities, include the road layout from the Twin Lakes Overlook MDP and make the appropriate connections. • Provide the locations, dimensions, and landscaping details of all required buffers including Residential Separation Buffers and Road Efficiency Buffers. • Provide the amount and percentage of disturbed and protected land in common open space, as well as the percentage of environmental features (shown in a table format). Please ensure that all comments are addressed when revising the MDP. Once all comments have been addressed and review agency comments received, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $13,156 (2,000 base + $11,156 @ $100 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S, Frederick County Sanitation Authority, and the Virginia Department of Transportation. I have attached a marked copy of the plans to assist with the revisions. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Bernard S. Suchicital Planner I Attachment B S S/bad 1'4 Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No X� 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Name of proposed development. Name, address, and telephone number of owner. Name, address, and telephone number of developer. Name, address, and telephone number of designer. Signed certificate of surveyor, engineer, or architect,...__-.: Da e..,planprepared and date of revisions. A listing of mil"6baditioris placed on iie s fe- as `a result ofa--J conditional zoning approval. Rezoning file number should be cited. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. Magisterial District. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No y �C_ x _ X 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Location map (scale 1:2000). Scale of the MDP is not to exceed 1:100.`J 20 North Arrow. Legend describing all symbols. Surveyed boundaries of all lots and parcels. Acreage of all parcels included in the MDP. Topography contour lines at acceptable intervals. A schedule of phases, bounda*y of phases, and order of development. v� �_ ink„ ana property owner of all adjoining properties. __Location of proposed uses-(locatioz?._ndi,.- - - arrangement). Location and treatment of historic structures and sites. History of all land divisions in relation to this tract. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands-, natural stormwater retention areas, steep slopes, woodlands. Amount and percentage of disturbed and protected land in common open space. Page 14 Frederick County, Virginia Master Development Plan Application Package Residential Development Information Yes No 1. Location and dimension of Residential Separation Buffers l 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). S _ 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. _ 4. Number of dwelling units (by type, phase, and in total). .�_ 5. Location and configuration -9f_ __pquired.-recreational , _ facilities. Statement of required and type of facilities to be :- provided. - Infrastructure Information Yes No 1. Location of adjoining streets and utilities. 2. Location, arrangements, and right-of-way widths of roads and property access. X X 3. Location and arrangement of street entrances, driveways, and parking areas. 4. Location of entrances to the development from public streets. _ 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. Page 15 0 f.� Frederick County, Virginia Master Development Plan Application PackaL7e 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation. ' 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. 9. Location and arrangement of electric and gas utilities. Other Design Information No 1. Location -of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. 2. Plan for stormwater management. Location of stormwater - facilities., 3. Acreage of each type of environmental protection land. -- (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 Frederick County, Virginia Master Development Plan Application Package County Health Department Information Yes No 1. Statements and locations pertaining to sewer and water availability. 2. Statements and locations concerning any existing pre- or post -water treatment facilities. 3. Statements and location of any planned private treatment facilities. Page 17 t gilbert w. clifford & Itsociates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P11A117 East Piccadilly Street, Suite 200 H Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 To From: Date: Project Name/Subject: PHR+A Project file Number: cc: Eric and Lloyd, Eric Lawrence Frederick County Planning Lloyd Ingram - VDOT Thomas Price 1-11-06 Haggerty Preliminary Master Plan • Memorandum Some minor changes have been made to the Master Plan so I have attached new copies for your review Of the Master Plan for comments. The only significant change is that the future Right -of -Way Access To the west has been shifted farther south. Please give me a call if you have any questions. Thanks Tom JAN 1 1 ?0,06 • 0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation IA N 1 1 gn00 Revised Jan 10, 2006 Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation 2275 Northwestern pike Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: Address: Phone Number: PHRA 117 E. Piccadilly Street Winchester. VA 22601 (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Virginia Department of Transportation's Comments: VDOT use only Date received Date reviewed Signature and Date Review Number: 1 2 3 4 5 (Please circle one) Date approved: Revision required 10 0 .0 Rezoning # 14-04 — Haggerty Property February 3, 2005 Page 9 5) Proffer Statement - Dated December 20, 2004 A) General Development Plan. The applicant has provided a Generalized Development Plan (GDP) for the Haggerty project, a copy of which is included with the application and Proffer Statement. The GDP provides guidance in the interpretation of the Proffer Statement and identifies specific proffered improvements including the following: The proposed FCSA Regional Pump Station project (1), the 600' buffer adjacent to the FWSA operations (2), the extension of the water main to the FWSA property (3), the construction of the "spine" collector road from Route 7 to the southern property line (4), the right-of-way for a future collector road to the properties to the west (5), the right-of-way for Route 37 through the limits of the Haggerty property (6), and the construction of landscape screen adjacent to the Route 37 right-of-way (7). B) Residential Uses. The applicant has proffered that residential development on the property shall not exceed three hundred (300) residential units and that housing types shall be limited to single family attached and single family detached units. Flexibility within an identified range has been maintained with the actual mix of residential unit types. More specifically, the proffer statement states that single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. Conversely, this would represent that single family attached townhouse units would comprise of a minimum of 150 units and a maximum of 240 units. The overall residential density of this project is proposed to be 2.68 units per acre. Section 2.2 of the statement identifies a phased approach to the construction of the residential development. The reality of the approval process would suggest that the 36 month requirement of Section 2.3 would result in all of the units being built in a very short period of time. The intent of the phasing is to ensure a steadier inclusion of residential units and residents in to the County. It is suggested that the 36 month condition is removed from the proffer statement, and potentially Section 2.3 in its entirety. This would assist in the mitigation of the impact of a large influx of new building permits in a short period of time. C) Transportation. As discussed previously in the report the applicant has proffered transportation improvements consistent with the Generalized Development Plan that seek to address the impacts of the project on the transportation system and enhance the regional transportation network. The proffered improvements include the dedication of the right-of-way for Route 37, the construction of a central collector road from Route 7 to the southern property line of the Haggerty proj ect parallel to the right-of-way for Route 37, the preservation of a right-of-way for a future local street connection to the adjacent Adams property located to the west of the Haggerty site, and the construction of a landscape screen adjacent to the future Route 37. With regards to the dedicated right-of-way for Route 37, it would be appropriate for the applicant to specify the actual width of the right-of-way and ensure that it is consistent with the right-of-way dedicated for projects at the southern end of Route 37. It is also important to point out that the proffered landscape screening adjacent to the Route 37 right-of-way does not eliminate the road efficiency buffer requirements of the Zoning Ordinance. The more intensive requirement 0 0 Rezoning # 14-04 — Haggerty Property February 3, 2005 Page 10 would be applicable. It has been proffered by the applicant that the transportation improvements shall be initiated at the outset of the development process unless otherwise specified in the Proffer Statement. Initial review agency comments identified that critical transportation improvements designed to accommodate the project, in particular those at the intersection of Route 7, should be completed at the outset of the project. This is still desirable given the revised transportation approach. The applicants proffer states that the collector road shall be constructed from Route 7 to the project site prior to the issuance of the 5 1 " building permit. As noted previously, Staff and VDOT have identified that additional clarification should be provided by the applicant regarding the improvements at the collector roads intersection with Route 7. This clarification could be incorporated into the Proffer Statement. D) Monetary Contribution. The monetary contribution proffered to offset the impact to community facilities is based upon the residential housing type with a total of $10,211 for each single family detached unit and $8,051 for each single family attached townhouse unit being proffered by the applicant. This monetary contribution to Frederick County is allocated within the proffer statement to the address Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office, and Administration Building needs. As mentioned previously, it is desirable for the escalator clause associated with the payment of proffers to be initiated within a shorter timeframe. Eighteen months would be appropriate and consistent with other projects the County is familiar with. It is noted that the Proffer Statement, potentially through the Generalized Development Plan, could be modified to address the concerns identified in the staff report. STAFF CONCLUSIONS FOR 01/19/05 PLANNING COMMISSION MEETING: The Haggerty Rezoning Application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The staff report also identifies several impacts generated by this rezoning request that have not been fully mitigated with the details of this application. It may be appropriate for the applicant to modify the rezoning application and proffer statement, to ensure that the impacts associated with this rezoning application, previously identified in this staff report and noted below, are fully mitigated. 1) The proffer regarding the land dedication of the Route 37 right of way and the desirability of the ten year sunset clause on the dedication of the right-of-way. 2) The implementation of the suggested improvements and lane geometry at the new collector road intersection with Route 7, identified as being needed to maintain an acceptable level of service, should be fully implemented and guaranteed with the Haggerty project. 0 • PROPOSED PROFFER STATEMENT REZONING: RZ. # 14-04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55-A 212 & 212A (the "Property') RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE (S): 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 (the "GDP"), and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement • • Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 maybe requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan WP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Rev. 2/09/05 Proffer Statement 0 • Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA') that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation. areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for. such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Rev. 2/09/05 Proffer Statement 0 • Haggerty outside of residential lots; (1) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER &SEWER 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA" ). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 0/11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick Winchester Service Authority ("the FWSA') site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). (� 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 101't building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Statement • • Haggerty O 13.2 7 0 13.3 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided {U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site ' prior to issuance of the fast building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151't building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, ✓ including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future ✓ construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) — i+.t -. 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 13.7 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions Page 5 of 8 Rev. 2/09/05 Proffer Statement 0 • Haggerty are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 8 Rev. 2/09/05 Proffer Statement 0 • Haggerty Respectfully submitted, The Canyon, LC li � Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thiJQ �hday of'PA-UQrq 2005, by Dy c) 'B t i i c)a i/ My commission expires � ti y 3 `260-1 Notary Public �-- Page 7 of 8 Rev. 2/09/05 Page 8 of 8 0 0 ZONING LL LL W County of Frederick 50' 50' Active Inactive \\X\ \\\ :;:;:;:;:;:;::;. Ncm n'::::::::. C O F It "C' N a) M O C 3 O E- entrance Road \\\\ y� \\ Q) 14rj \\ \ :•:•: 40' 40' ?active Inactive CJ 1-1- 1 0 6 6 -�L c 3©� C NO Vq C FAA 001 ,m DENOTES GENERALIZED OPEN SPACE LAYOUT HAGGERTY PROPERTY gilbert w. clifford & associates I I a division of o GEND?AUZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc �O 117 E Picadilly 5t. Vinchester, Virginia 22601 FREDERICK COUNTY, VIRGIN14 VOICE (540) 667-2139 FAX: (540) 665-0493 Page 8 of 8 • • Patton Harris Rust & Associates,pc Engineers. Surveyors, Planners. Landscape Architects. JA N 1 9 2006 18 January 2006 Mr. Jesse Moffett Frederick Winchester Service Authority 107 N. Kent Street Winchester, Virginia 22601 RE: Roadway Proposal Dear Jesse, Thank you for your review letter of January 10, 2006 regarding our master plan proposal for roadway rights of way. Also we appreciate you copying and Pforwarding your January 6, 2006 letter of notification indicating Authority Hconditions of granting this land exchange. We have prepared the attached plat which shows a 2.6989 acre right of way CORPORATE: transfer for a proposed "Haggerty Road." The plat also shows a boundary line Chantilly adjustment of 5.3978 acres which includes the area within the 600, buffer area as VIRGINIA OFFICES: suggested in your January I& letter. This boundary adjustment will occur Chantilly simultaneously with the FWSA granting the right of way for Haggerty Road. Bridgewater This will expand the land ownership of FWSA by 2.6989 acres or double the Fredericksburg land needed for the right of way. Please note that certain easements for grading, Leesburg slopes and drainage will be required from the FWSA outside of the right of way, Richmond in order to implement this road; these will be delineated on the final construction Virginia Beach Winchester drawings approved by VDOT and a request for granting such easements will be Woodbridge made at that time. (We expect 4 to 6 months from this writing). LABORATORIES- Mr. David B. Holliday of Canyon LC is in full agreement with the terms of your Chantilly Fredericksburg January 6, 2006 letter namely: MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Winchester, VA 22601 • Remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek will be deeded to the Frederick -Winchester Service Authority. • With the construction of roadway, public water will be extended and tied into the existing on -site water system of the Opequon facility. • The Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance. • Developer will construct an earthen berm and pine buffer along new roadway. • Developer will acquire formal endorsement of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. We look forward to meeting with your Authority on January 23, 2006. Thank you for this assistance. Sincerely yours, PH= C.E. Maddox, Jr., P.E. CEMaf Enclosure cc: Mr. Dave Holliday Mr. Eric Lawrence • 0 Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 JA N 1 1 2006 January 10, 2006 C. E. Maddox, Jr., P.E. Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: SUBJECT: ROADWAY PROPOSAL — HAGGERTY PROPERTY In reviewing the above referenced plans, I thought it was appropriate to attach, to this review, a letter dated January 6, 2005, which was the last response of the Frederick - Winchester Service Authority Board, with regards to a roadway proposal across the OWRF site. In reviewing the plans, I noticed there was an exchange of 2.2 acres. This does not seem to coincide with the request of the Board deeding the undeveloped portion of the parcel south of the plant site along the Opequon Creek to the Authority. In allowing for development to occur and the need for this roadway, it is critical to the Service Authority to have a larger buffer area around the facility, if possible. I would suspect that the Authority would not consider anything less than the area enclosed within the 600 ft buffer shown on your Master Development Plan. I have enclosed the referenced letter so that you will be aware of the conditions under which the Service Authority would entertain providing the proposed right of way. ce ly, Je e W. Moffett Executive -Director Fred erick-W inch ester Service Authority CC: FWSA Board Members John J. Riley, Jr. — County Administrator — County of Frederick Eric R. Lawrence — Director — Planning & Development c� S� SB y 'Maimfaimimg Axd Promotime tie VaBaas of tAe eoimoms mity tAroueA 6mvirommemtae StawatdsAip' 1974 Frederick- Winchester Service llluthoriiY Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 January 6, 2005 C. E. Maddox, Jr., P.E. JAN 1 1 2006 Senior Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: Reference: Roadway Proposal — Opequon Water Reclamation Facility This letter is to service as a follow up to your presentation and the FWSA Board's action regarding the request for a road right of way across the Opequon Water Reclamation Facility site. The Board approved by motion at its December 27, 2004 meeting, the acceptance of the preliminary roadway layout and alignment. In agreeing to accept this proposal for further consideration and final approval, the Board is requested the following considerations: - Deed remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek to the Frederick -Winchester Service Authority. - With the construction of the roadway public water would be extended and tied into the existing on -site water system of the Opequon facility. - Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance system. - Developers will construct an earthen berm and pine buffer along new roadway. - Formal endorsement of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. Sincerely, Jesse W. Moffett Executive Director Frederick -Winchester Service Authority Cc: Frederick -Winchester Service Authority Board Members John R. Riley. — County Administrator — County of Frederick Eric R. Lawrence — Director — Planning and Development �S�pesiet Set ``MaintaiMmij amd ProntoliNg Uo Vaea6g of (go doil mumify f4ro",yA o'NVirommeNfaB SlowardsAip' dA _ 1974 C:\Business\Frederick-Winchester Service Authority\Board\Contracts & Agreements\ROW Opequon\Maddox 010605.doc 0 0 • • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4 Floor Dept. of Planning & Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Address: Phone Number: PHRA 117 E. Piccadilly Street Winchester, VA 22601 (540)667-2139 Name of development and/or description of the request: HAGGERTY PROPERTY Location of Property: Located adjacent and east of Eddy's Lane (Route 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. Department of Planning & Development's Comments: Department of Planning and Development use only Date received _ Review Number: 12 3 4 5 (Please circle one) Date reviewed Date approved: Revision required Signature and Date 12 1 0 0 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received Complete Date of acceptance Incomplete - Date of Return Application # 1. Project Title: HAGGERTY PROPERTY 2. Owner's Name: David B. Holliday (Please list the names of all owners or parties in interest) 3. Applicant: PHR&A Address: c/o Charles E. Maddox, Jr. 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: PHR&A Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Charles E. Maddox, Jr. 1 �.It 17 0 Frederick County, Virl4inia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Located adjacent and east of Eddy's Lane (Rt. 820), approx. 3 miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon WWTP property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. 6. Total Acreage: 111.56 Acres 7. Property Information: a) Property Identification Number (PIN): 55-A-212 & 55-A-212A b) Current Zoning: RP c) Present Use: Vacant d) Proposed Use: Single Family Detached and Attached e) Adjoining Property Information: SEE ATTACHED Property Identification Property Uses North South East West f) Magisterial District: RED BUD 8. Is this an original or amended Master Development Plan? Original X Amended ra I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. . Signature: Date: Document Approval Form FEO 2 6 2001 PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Flab �j e s 1-� M-() ? - wag �- a c C��Pcy cJCwAc� Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd 'Message Page 1 of 2 Bernard S. Suchicital From: Mike Ruddy [mruddy@co.frederick.va.us] Sent: Tuesday, February 27, 2007 5:01 PM To: 'Eric Lawrence'; 'Bernard S. Suchicital' Subject: RE: Haggarty MDP It would be helpful to receive from the applicant some form of confirmation that they are not proceeding with any request to revise the eastern road plan or request to revise the Haggerty Rezoning and GDP. -----Original Message ----- From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] Sent: Tuesday, February 27, 2007 2:28 PM To: 'Bernard S. Suchicital' Cc: 'Mike Ruddy' Subject: RE: Haggarty MDP As the next PC agenda is full (March 21 st), we'll need to delay Haggarty MDP until at least April..... Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc@co.frederick.va.us http://www.co.frederick.va.us/PIanningAndDevelopment/PlanningAndDev.htm www.co.frederick.va.us -----Original Message ----- From: Bernard S. Suchicital [mailto:bsuchici@co.frederick.va.us] Sent: Tuesday, February 27, 2007 1:56 PM To: Eric Lawrence Cc: Mike Ruddy Subject: Haggarty MDP As an update, upon reviewing the submitted agency comments, I have identified the following outstanding issues that still must be addressed: VDOT's comments are dated July '06, and does not reflected their new opinion of the project. Parks & Rec's comments are dated January'06, and it expresses their need to see a detailed trails plan provided for within the plans. • 1 still do not have an approval letter from FWSA. Jesse's comment regarding additional land has been addressed, but he still has numerous issues regarding the proffer revisions and access to the waste water treatment plant. There is an issue regarding a proposed detention pond, as well as a few other points, that I will require comments from Public Works. The submitted MDP still does not conform to the proffered GDP in the areas of transportation, open space, scale of the map, buffer details, to name a few. 2/28/2007 Message Page 2 of 2 Bernard S. Suchicital Planner I Department of Planning & Development County of Frederick 107 N. Kent Street, Suite 202 Winchester, VA 22601 T: 540-665-5651 F: 540-665-6395 E: bsuchici@co.frederick.va.us 2/28/2007 Patton Harris Engineers, Surveyors, -I- rs, Landscape Architects 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organ izationlCompany: From: Bernard Suchicital Frederick County Planning Patrick Sowers Date: February 26, 2007 Project Name/Subject: Haggerty MDP Please find attached the following documents for the Haggerty MDP: 1. Master Plan Application 2. Application Fee 3. Power of Attorney 4. Agency Comments 5. 5 Copies of the Master Development Plan The remaining 40 copies required for the Planning Commission mail -out are being folded and will be delivered to your office tomorrow morning. With regards to conformity with the Generalized Development Plan, I believe that the transportation network depicted by the MDP, while not an exact replica of the GDP, does meet the intent of the Generalized Development Plan. Please feel free to call if you have any questions or comments. Sincerely, Pattgn H rris Rust & Associates Patrick R. Sowers I Rezoning Comments HAGGERTY REZONING Frederick -Winchester Service Authority Mail to Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett DEC 14 2006 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Approx. 3 miles East of Winchester and south of Route 7. Bounded on the north by the Opequon WWTP and East of Eddy's Lane (Route 820). Current Zoning: RP Zoning Requested: RP Acreage: 111.56 Ac Fred-Winc ervic Authority's Fred-Winc Service Authority' k: FWSA Signature & Date:_ Notice to Fred-Winc Seib Authority — Please Return This Form to the Applicant 19 ,R Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 January 3, 2007 Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Mr. Sowers: SUBJECT: HAGGERTY REZONING I have reviewed the revised proffer statements for the Haggerty property. As I believe you are aware, the Frederick -Winchester Service Authority has a significant involvement in this project, related to the roadway which will tie this project's road system into Route 7. Our first comment is in reference to Section 11, Water and Sewer, Subparagraph 11.4, regarding the applicant's proffer to install a water main to a point of connection with the Frederick -Winchester Service Authority's Opequon sewer plant property line. Under an agreement approved by the Frederick -Winchester Service Authority Board, the water main would be extended and tied into the existing onsite water system which would require an extension well beyond the Opequon's westerly property line. Our other comment is with regard to the applicant's change (downgrading) of the roadway system from urban undivided (U2) to rural undivided (R2). Our concern is that, with the new entrance to the Opequon facility coming off of the new collector road, there will be significant truck traffic entering and leaving the facility. We believe a left turn lane is critical. In closing, so that you are aware of the requirements of the applicant to the Frederick - Winchester Service Authority, I have attached prior correspondence outlining those conditions. I will also note that, as of this date we have not received a formal submittal regarding the entrance to the Opequon facility, although I have met with your firm to discuss options prior to your submittal of this proffer statement. inc rely, Jesse W. Moffett Executive -Director Frederick -Winchester Service Authority JWM:ncg Enclosures (2) CC: Eric R. Lawrence — Director— Planning & Development Michael T. Ruddy — Deputy Director - Planning & Development Ron Mislowsky — Patton Harris Rust & Associates "Alaimiaimimo amd PromotlNg ER6 VABa6s of t4a OoN(mtmify tArouoA 6mviromotomtae StawardsRip" Frederick- Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 January 6, 2005 C. E. Maddox, Jr., P.E. Senior Vice President Gilbert W. Clifford & Associates 117 East Piccadilly Street Winchester, VA 22601 Dear Chuck: Reference: Roadway Proposal — Opequon Water Reclamation Facility This letter is to service as a follow up to your presentation and the FWSA Board's action regarding the request for a road right of way across the Opequon Water Reclamation Facility site. The Board approved by motion at its December 27, 2004 meeting, the acceptance of the preliminary roadway layout and alignment. In agreeing to accept this proposal for further consideration and final approval, the Board is requested the following considerations: - Deed remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek to the Frederick -Winchester Service Authority. - With the construction of the roadway public water would be extended and tied into the existing on -site water system of the Opequon facility. - Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance system. - Developers will construct an earthen berm and pine buffer along new roadway. - Formal endorsement of roadway and its alignment from the County of Frederick and Virginia Department of Transportation. Sincerely, Jesse W. Moffett Executive Director Frederick -Winchester Service Authority Cc: Frederick -Winchester Service Authority Board Members John R. Riley. — County Administrator — County of Frederick Eric R. Lawrence — Director — Planning and Development 'Maiillaitiih0 aiud Proiflot4lo Me Vahuag c,E Me G04`40s114ti4y f&va,gR 6avirGHch¢Ntar? Sf¢WardgAip" 't }g74 C:\Business\Frederick-Winchester Service Authority\Board\Contracts & Agreements\ROW Opequon\Maddox 010605.doc Patton Harris Rusr'&' Associates, pc Engineers. Surveyors. Planners. Landscape Architects. CORPORATE: Chantilly VIRGINIA OFFICES: Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Winchester, VA 22601 18 January 2006 Mr. Jesse Moffett Frederick Winchester Service Authority 107 N. Kent Street Winchester, Virginia 22601 RE: Roadway Proposal Dear Jesse, Thank you for your review letter of January 10, 2006 regarding our master plan proposal for roadway rights of way. Also we appreciate you copying and forwarding your January 6, 2006 letter of notification indicating Authority conditions of granting this land exchange. .We have prepared the attached plat which shows a 2.6989 acre right of way transfer for a proposed "Haggerty Road." The plat also shows a boundary line adjustment of 5.3978 acres which includes the area within the 600' buffer area as suggested in your January loth letter. This boundary adjustment will occur simultaneously with the FWSA granting the right of way for Haggerty Road. This will expand the land ownership of FWSA by 2.6989 acres or double the land needed for the right of way. Please note that certain easements for grading, slopes and drainage will be required from the FWSA outside of the right of way; in order to implement this road; these will be delineated on the final construction drawings approved by VDOT and a request for granting such easements will be made at that time. (We expect 4 to 6 months from this writing). Mr. David B. Holliday of Canyon LC is in full agreement with the terms of your January 6, 2006 letter namely: • Remaining undeveloped portion of parcel south of the plant site and along the Opequon Creek will be deeded to the Frederick -Winchester Service Authority. • With the construction of roadway, public water will be extended and tied into the existing on -site water system of the Opequon facility. • The Developer will design and construct a new plant entrance along the new roadway with necessary fencing and gated entry. FWSA shall provide approval of plans and specifications prior to construction. FWSA will provide specifications and reimburse developer for security entrance. • Developer will construct an earthen berm and pine buffer along new roadway. • Developer will acquire formal endorsement of roadway and its alignment from the County. of Frederick and Virginia Department of Transportation. We look forward to meeting with your Authority on January 23, 2006. Thank you for this assistance. Sincerely yours, C.E. Maddox, Jr., P.E. CEM/kf Enclosure cc: Mr. Dave Holliday Mr. Eric Lawrence PROPOSED PROFFER STATEMENT REZONING: RZ. # Residential Performance (RP) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55-A-212 & 212A (the "Property") RECORD OWNER: The Canyon, LC APPLICANT: The'Canyon, LC PROJECT NAME: Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE(S): 1/12/05; 1/20/05; 2/09/05; 12/13/06 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event. that the above referenced RP conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court., If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of . development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shallrefer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 revised 11/27/06 (the "GDP"),`and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not 'exceed a maximum of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maximum of 150 units. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period beginning on the date of master development plan approval by the Board. Any such units not requested in a given 12 month period shall be allowed to cariy over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 48 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 7 Rev. 12/13/06 Pf=offer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS & OPEN SPACE: 6.1 The Applicant shall contribute to. the Board the sum of $1,288.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the Board the sum of $1,040.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. SHERIFF'S OFFICE 8.1 The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. ADMINISTRATION BUILDING 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general gove_rn_m_en_tal adLy inistration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 7 Rev. 12/13/06 ff. _ Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER & SEWER: 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick -Winchester Service Authority ("the FWSA") site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line. The water main will be installed and serviceable before the 1015T building permit is issued. (See 3 on GDP). 12. . ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 7 Rev. 12/13/06 V Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's internal road network and to provide direct access from the project to VA Route T Said collector road shall be located partly within a sixty foot right of way running approximately parallel to the planned right of way for VA Route 37, and partly within the planned right of way for VA Route 37, in substantial conformance with the align rent depicted on the GDP, and shall be constructed as a rural undivided (R2) cross section: The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151't building permit. The Applicant reserves the right to apply for partial funding for collector road construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with turn lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector road for the Opequon Regional Wastewater Facility. The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County,. and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and a portion of the proposed "spine" collector road as depicted on the GDP. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The rnix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer. Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board Page 5 of 7 Rev. 12/13/06 F Proffer Statement Haggerty after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Rev. 12/13/06 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2006, by My commission expires Notary Public Page 7 of 7 Rev. 12/13/06 or \ \ \l COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 The Canyon, LC PO Box 3276 Winchester, VA 22604 016H26508243 $ 00.410 tz 08/06/2007 Mailed From 22601 US POSTAGE AUG 1 3 LU'' NIXIE 201 DE 1 00 00109107 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNABLE TO FORWARD SC: 2.2801.300099 *2017-030.20-08-40 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 27, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste.200 Winchester, VA 22601 RE: REZONING #04-07, PROFFER AMENDMENT — HAGGERTY PROPERTY Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 25, 2007. The above -referenced application was approved to amend the proffers associated with Rezoning #14-05, as they pertain to the transportation improvements previously approved by the County. The approved Proffer Statement contains revisions dated July 17, 2007. The properties are located adjacent and east of Eddys Lane (Route 820), approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment -Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County. The properties'are identified. with Property Identification Numbers 55-A- 212 and 55=A-212A in the Red Bud -Magisterial District. - The proffer that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Eric R. Lawrence, AICP Planning Director. ERL/bad Enclosures. „ .. .. cc: The Canyon, LC, PO Box 3276, Winchester, VA 22601 Philip A. -Lemieux; Red. Bud,Magisterial District Supervisor "Gregory Kerr arid.Christopher-Mohn, Red Bud Magisterial District'Coinmissioners Jane Anderson; Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VERGIliIA i 0o MAPPING GRAPHICGIS, , WORKREQUEST DATE RECEIVED: 2 REQUESTED COMPLETION DATE:, Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTRviATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional `_ l/-v,` f/ 'I 4a PIAA FAX: on ack of re uestL P --6 0 j -- / 57S --,4c)- wk DIGITAL: PAPER FAX: .' SIZES: COLOR: BLACK/Wl=: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS : DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) TO:BARBARA-DATA PROCESSING �� PPOM:BEV - PI nning bet. 07 / ,� Please nr.;.+ p ID # Name /�-- 1 Z or labels by Address �b7 THANKS! �R i Residenuai L� Vacant 405 Briarmont Drive, Winchester, VA 22601 RA Vacant 55-A-209 55-A-211 Fu-She Farm ners i 55-A-210 Q G „� RA Residential 55-4-1 Frederick — Winchester P.O. Box 433, Winchester, VA 22604 RA Vacant 55-4-2 t ,. RA Residential 55-4-3 Michael Edward McKee 283 Eddy's Lane, Winchester, VA.22602 RA Residential 65-A-195 Lisa Ann & Mildred L Ri gleman 2737 Senseny Road, Winchester, VA 22602 RA Agricultural 9910 Old Court Rd., Woodstock, VA 21163 RA Agricultural 305 Cha e1 Hill Rd., Cross Junction, VA22625 P.O. Box 433, Winchester, VA 22604 RA RA Residential Vacant 56-A-1,K Frederick —Winchester 56-A=19 c PMB 353, 4017 Washin ton Rd., McCurra , PA 15317 RA L6cal Government Ss-q-Z = A4 (, LLc 2.1�.3��c SSo C�fS , v 22 fo4�,` t20I 3CD.-La-vzv k%kr' .400. # lob v.¢ 22(So J laQYte C, � � : � �. Pis � �ta,�-1•, �,1. ® ., 5--A-2-11 To Lt V,4 IV, L-? 2DKPcQ : Q l� 21G3D �i.ic�aJQ{Dlo �i/�tP S�si�e (�D = -, COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 10, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-07 FOR HAGGERTY PROPERTY Property Identification Numbers (PINS): 55-A-212 AND 55-A-212A Dear Patrick: Frederick County administratively approved the above -referenced master development plan on October 9, 2007. The master development plan is approved for the potential development of 300 single family detached and attached units. The properties which would comprise this development are located adjacent and east of Eddy's Lane (Route 820), approximately three miles east of Winchester and 1,500 feet of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek, which forms the boundary of Clarke County in the Red Bud Magisterial District. The Frederick County Board of Supervisors granted staff administrative approval authority on August 22, 2007. 'All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. I am providing you with three (3) copies of the approved master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, u Michael T. Ruddy Deputy Director Attachments cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District.Commissioners Jane Anderson, Real Estate Commissioner of Revenue Joe Wilder, Public_Works y h erVA 22601 die Can on, LC, PO B.ox,3276 Winchest, 'MTR/bad t , 107 North Kent Street, Suite 202 Winchester,: Virginia 22601-5000 1�' C COUNTY of FREDERICK 2 « J 01 A -- Department of Planning & Development 107 North Kent Street, Suite 202 1 x /23/2007 Winchester, Virginia 22601 mailed From 22601 17M US POSTAGE NOV 13 D q- D-) 4 The Canyon, LC � � f\� r' )! � i Winches te-r',VI 22604 NIXIE 3 05 6 1 3a ii/obotft RETURN TO SENDER NOT DffL1VffRA8;-E AS ADDRESSED UNABLE TO FORWARD RETURN TO SENDER '^q |-----'----_____ ----'___ _ � '