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Home My WebLink About07-05 Stephenson Village 285.5 Residential Stonewall - Backfile (2)MASTER DEVELOPMENT PLAN TRACKING SHEET (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: ✓f r VDOT ✓ Fire Marshal '-� County Engineer City of Winchester Sanitation Authority f GIS (Mapping) 'JJ Inspections Dept. tX Parks & Recreation Health Department i/ Winchester Regional Airport f One copy of the master development plan application. V Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee TRACKING Date (c� q O.� Application received Fee Paid (amount: $ 36 / 05" Preliminary MDP heard by Planning Commission - Action taken: Preliminary MDP heard by Board of Supervisors - Action taken: a Letter to applicant regarding Board action and revisions (if required). 11� Final MDP submitted with review agency, PC and BOS comments addressed. tO Final MDP signed by County Administrator and Planning Director (send two copies to applicant). 3 Administratively approved; letter sent to applicant. NOTES: DATE: 41; DS File opened. Reference Manual updated/number assigned. l`f dS D-base updated. List of adjoiners given to staff member for verification. / O location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. File given to Renee' to update Application Action Summary. CLOSE OUT FILE: a� 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 Jane wants a copy of the final action letter even if the application was denied or withdrawn.) File stamped "approved"/"denied" or "withdrawn." Reference Manual updated. eD-base updated. o � &rivenn to Renee' for final update to Application Action Summary. File in file drawer. U \Carol\Common\Tr=kmg sheets\TPACKING.h4DP Rev 0121/03 oqa,prj 31 —DOLLARS 0 FOR RENT cx: ),-WV� U a ACCOUNT 0CASH FROM ------TO PAYMENT. HECK N Y Lt)Q_l2_K_ Aar BAL. DUE _OMO E BY ORDER 1182 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of w Master Development Plan #07-05 for Stephenson Village (a.k.a. Snowden Bridge), enabling the two developers I71R (Stephenson Associates LC and Brookfield Stephenson Village LLC) to process master development plan revisions independent of one another Action: BOARD OF SUPERVISORS: April 13, 2011 ❑ APPROVED ❑ DENIED WHEREAS, Rezoning #06-03 of Stephenson Village was submitted to rezone 794.6 acres from RA (Rural Areas) to R-4 (Residential Planned Community) with proffers. This property is located on the south side of Old Charlestown and Jordan Springs Roads and east of Milburn Road, and was identified with Property Identification Numbers 44-A-31A, 44-A-292, 44-A-293, and a portion of 44-A-31; and WHEREAS, Rezoning #06-03 of Stephenson Village was adopted by the Frederick County Board of Supervisors on September 24, 2003; and WHEREAS, Master Development Plan #07-05 for Stephenson Village (renamed Snowden Bridge) was administratively approved on February 23, 2006; and WHEREAS, Numerous revisions to the Master Development Plan pertaining to housing types and internal street access have been administratively approved. The revisions did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Stephenson Associates LC and Brookfield Stephenson Village LLC), yet the revisions appear to only affect the land holdings of Brookfield Stephenson Village LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approval will not affect implementation of the rezoning's proffered conditions; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the two developers within the 794 acre Snowden Bridge development. PDRes. #06-11 This ordinance shall be in effect on the day of adoption. Passed this 13th day of April, 2011 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST J n f�lley,�r" - IV. rick County Administrator PDRes. #06-11 BOS Res. #047-11 C MN11to, YERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 11, 2005 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan Review Comments Stephenson Village Property Identification Numbers (PINS) 44-A-31A, 44-A-292, 44-A-293 Dear Evan: Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: Route 37 Right -of -Way: The proposed eastern portion of Route 37 traverses this proposed Master Development Plan. Please address this element of the County's transportation plan and provide the appropriate right-of-way for Route 37 prior to formal submission. 2. Land Bay III Phases: This MDP is for a portion of Land Bay III in which you have labeled Section A. Please provide a map which shows the location and scope of the current Section A as well as Sections B & C. If Land Bays IV & V will be phased in the same manner, it would also be appropriate to show these phased sections as well. Open Space: You have given open space calculations on sheet 6 of 19 in this MDP. The physical location of said open space does not seem to be shown on any map. Please make sure to illustrate the actual location of the open space as well as its proximity to any environmental features or steep slopes. No more than 50% of open space may be located in the aforementioned areas. 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Mr. Evan Wyatt , Greenway Engineering RE: Stephenson Village April 11, 2005 Page 2 4. 20' Linear Park Trail: While the actual location of the trail will be determined at the subdivision design phase, the general detail, location and construction for the proposed 20' linear park trail along the Hiatt Run Corridor must be included as a part of this MDP. 5. Preservation of Byers House: Number 12 (A) of the Proffer Statement under the Stephenson Village Rezoning (#06-03) states "The Byers house will be preserved as deemed appropriate by the Applicant". It would appear as though the major collector road is located directly over the Byers house. Since this language states that the property will be preserved, include a response or language on the MDP on how the applicant intends to preserve the structure. 6. Pedestrian Access I: The Stephenson Village Rezoning application touted this Residential Planned Community as a walkable community. In order to make this a reality, it would be appropriate to connect pedestrian access from the Stephenson Rural Community Center to Stephenson Village via sidewalks along Old Charlestown Road. Please add this revision to your Old Charlestown Road Public Improvement Plan as well as the corresponding sidewalk detail. 7. Pedestrian Access II: In addition to the pedestrian accommodations to and from the Stephenson Village project in comment 96, there appears to be an access issue between the residential units in Land Bay III (A) and Land Bay V. Land Bay V is planned to be a commercial town center, and it would be appropriate that residents have access to this amenity in some other way other than by the major collector road. Please identify pedestrian and bicycle access locations on this plan. 8. Public Street Details: On sheet number 11 of 19, details are given which show three different types of roads (Class I, II, and III). Please provide information that tells which of these roads is going to be private and which will be public roads. 9. Major Road Detail: On sheet number 11 of 19, a detail is provided for the cross section of the major collector road going through the Stephenson Village property. This detail shows a landscaped median being a part of this road. Please include language which confirms that this section typical will progress to Route 11 in a manner consistent with this Master Development Plan. A statement should also be placed along side of this detail that indicates that this detail will apply to all sections of this major collector road, from Old Charles Town Road to Martinsburg Pike (Route 11) at the Rutherford Farm intersection. 10. Bicycle Lanes: In the same major collector road detail mentioned above, there is no indication where the required bike lanes, per proffer # 7A(1)d will be located. Please provide a new detail that shows the location and specifications of these bicycle lanes. Mr. Evan Wyatt , Greenway Engineering RE: Stephenson Village April 11, 2005 Page 3 Once all of these concerns have been addressed, 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, and Frederick County Department of G.I.S., Frederick County Airport Authority, Frederick County Department of Parks and Recreation, Frederick County Public Schools, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, r Y.7 7-Z --: 1 -- �-- -, David M. Berniamino Planner I DMB/bad et% GREENWAY ENGINEERING 'BAR 4 151 Windy Hill Lane =ounded in 297I Winchester, Virginia 22602 -' T R A N S M I T T A L Project Name: Stephenson Vil File No: 2760B Date March 4, 2005 Master Development Plan To: Planning & Development From: Evan Wyatt Attn: Dave Beniamino GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Dave, Please find attached two copies of the Stephenson Village Master Development Plan for your review. Please note that the format for this plan is identical to what was discussed during the TRC meeting. Please contact me if you have any questions regarding this information, or if you desire to meet with me to review this plan. I look forward to receiving your review comments at your earliest possible convenience. Thanks! Evan Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4t' Floor Department of Planning and 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 the sheet. Applicant's Name: Greenway En ineerine Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Department of Planning and Development's Comments: Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4 th Floor Department of Planning and 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 the sheet. Applicant's Name: Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Department of Planning and Development's Comments: c T�� Mc 'A RTE 838 % 3.5+/-ACRES AREA NOT TO BE REZONED ZEZ GDP LEGEND FINE Rme EER MAJOR COLLECTOR ROAD .� INTER PARCEL CONNECTIONS HOTS:THI90ENSMIVEO p4VELOFMENT FLAHISCONC WoI OR ORI ILLUST of DaF IDIVI 40NLY. TH4FIHAL LOCATION O0. 00.14MATION OF THE Ui MAY BAL LANDSAYS ANDl00. THEIR ASSOCIATED COLVOHEMS MAY BE SLIGHTLY ALTEPED TO REFLECT N00.E Ac.IMTE FNO.a:EPMG. !V4(/ WETLANDS INTERMEDIATE RAVINE CHANNEL � III LINEAR PARK Ran RUN ? a Eg� qa �� FR S ECG X. 0 o n a W „iawm � 8 � � u a z 5 z z z S ® Z Q Z z J N = 0 o F--(LdSOn_Z 5 /-1 LAND BAY BREAKDOWN LAND LAND RISE % RANGE OF EAr L E WH MAX, NA NA hAc+ NA NA 6 bw.ba6 field. At 6 .IN:e.r Raid.ONVENIENCE COMMEROAL/DAYCARE NA NA 4.5. RP Dl.lrkl SFDJ[ ACUY. AdultWSE H.udn Unll 7 . 6 A: RP DI.W.1 Tornhou...AMILY. 7 30 —1.1um.. Eldrl H-1.9. H.u.in9 Unll Type age Hou.. 4t RP DMNIcI D.p.4, Mlllpim, 10-H ari IAAllw AdultCTIVE AINLTT 126 Ac.+/— 30 55 ou.Nq Unll Type 1,2, A 5) C.nd—lnlum.,Fld.rlY H.u.lnq, H-Ng p. 3—Collaq. Noun) OOMMERCIAL WINTER C. — NA NA R.lal, OMn R Public S—i.. Satellite Fe.11 t N. NOTES ADO.ESS.IO A60YE cHAeT IN ROFFER I. USE$. DENSITY A MIS DF HOUSDIO TYFES A p)(.�) d V U a a En o�g V] b4 W W w x �W a 0 C7 W to C/] DATE: SEPT S, 2003 SCAM V-1000' DESIGNED BY:MDS/JNT JOB NO. STEW SHEET - 1 OF 1 COUNTY of FREDERICK Departrent of Plan ning and Development 540/665-5651 FAX: 540/ 665-6395 July 3, 2008 Brookfield Stephenson Village, LLC Attn- Robert C. Hubbell, Manager 9500 Executive Park Avenue, Suite 300 Fairfax, VA 22031 Stephenson Associates, LC Attn: Mr. James D. Shockey, Jr. P.O. Box 2530 Winchester, VA 22604 Re: Snowden Bridge (formerly Stephenson Village) Dear Mr. Hubbell and Mr. Shockey: I have been asked to confirm to you the status of the Preliminary Master Development Plan for Phase I, Part B, of the development (Part B MDP). It is my understanding that you are circulating the Part B MDP for comment, and that the MDP being Develoinecr'sment Department hasdate of January 19, 0snbmitted to youlisdCommen son the Part County by the in the circulated is the MDP with an en Fall of 2007. The Planning and p B MDP. As the Part B MDP was submitted to the County together with the Part A MDP, as a single MDP, with fees paid at the time of that application, no additional filing fees will be necessary for the PartB MDP. Once you obtain approval comments from all applicable agencies, the Part B MDP can then be submitted to this Department, along with the approval comments, and the MDP will be forwarded to the Planning Commission and Board of Supervisors for review and approval. It should be noted that upon the initial submission of the MDP for all of Phase I, the Eastern Road Plan of the County Comprehensive Policy Plan located the planned Route 37, Alternative C alignment on a portion of the Phase I, Part B property. Brookfield/Stephenson Associates indicated that a Route 37 alignment in the area of the southern boundary of the Stephenson Associates property was preferred, in order to reduce the impact on the proposed development. In response thereto, the County initiated consideration of a Route 37 realignment in this area. By action of the Board of Supervisors on November 8, 2006, the Board amended the Eastern Road Plan to relocate the Route 37 alignment to the southernStephenson from the amended Eastern Road PlanAssociates property, as shown on the enclosed copy of a portion of the plat 107 North Dent Street, Suite 202 a Winchester, Virginia 22601-5000 Page 2 Robert C. Hubbell, Manager & Mr. James D. Shockey, Jr. Re: Snowden Bridge (formerly Stephenson Village) July 3, 2000 Now that the Eastern Road Plan has removed the Route 37 alignment from the Phase I, Part B property, as a part of the CounWs consideration of the Part B MDP, the County would ask that Brookfield/Stephenson Associates confirm in writing that the future master development plan and development of Land Bay IV of the Snowden Bridge development will accommodate and provide for the locating of the Route 37 right-of-way in the location shown on the enclosed plat from the amended Eastern Road Plan_ The County has endeavored to establish a positive working relationship with Brookfield and Stephenson Village, its engineers and other representatives, as evidenced by the numerous modifications to the Part A MDP worked through with your representatives and approved by the County. We look forward to continuing that positive working relationship. Very t ly yours, 11 L. - Eric R. Lawrence Planning Director ERL/rsa Enclosure: RL 37 Aligo vent Cc: John R. Riley, Jr., County Administrator Bc: Robert T. Mitchell, Jr., Esq. LAWSON AND SILEK9 P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 July 22, 2008 JUL 2 3 THOMAS MOORE LAWSON • TLAWSONRLSPLC.COD7 Mr. Eric Lawrence, Planning Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Brookfield Stephenson Village, L.L.C. Our File No. 839.001 Dear Eric: I am in receipt of your letter of July 3, 2008 to Mr. Hubbell of Brookfield Stephenson Village, L.L.C., and Mr. Shockey, of Stephenson Associates, L.C. As you know, an amendment to the master plan had been filed to request some minor road modifications. Pursuant to your staff s instructions, this was placed on the public meeting docket for the Frederick County Planning Commission and Board of Supervisors' review and approval. After the plan was submitted by the owner, revision was made to the plan by staff and/or by the Planning Commission requesting that Route 37 be referenced in any subsequent master development plan submittal. As you know, there is no provision for Route 37 in the Stephenson Village/Snowden Bridge rezoning which was approved in September of 2005. Accordingly making a reference to it in a subsequent master development plan submission would be inappropriate. Accordingly, we are asking that Frederick County correct its correspondence to make any suggestion or demand that Route 37 be referenced on any plan submitted. Thank you for your assistance and cooperation. As always if you have any questions, please do not hesitate to give me a call. ,) TML:sih cc: Brookfield Stephenson Village, L.L.C. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ@LYNXCONNECT.COM FAIRFAX ADDRESS: 10505 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THomwsO.LAwsDNC�'ERIzoN.NET JUL 2 3 2008 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, NIA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 July 22, 2008 Mr. Eric Lawrence, Planning Director Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Eric: THOMAS MOORE LAWSON • TLAWSON(a-)LSPLC.COM Re: Brookfield Stephenson Village, L.L.C. Our File No. 839.001 This is to confirm that Brookfield Stephenson Village, L.L.C., is withdrawing the above - referenced master plan for consideration. I understand that by withdrawing this plan the previous administrative amendments to the master plan, which were approved in January of 2008 will be executed as approved by Frederick County. Kindly let me know when an approved set of plans may be retrieved from your office. Thank you for your assistance and cooperation. If you have any questions, please do not hesitate to give me a call. TML:sih cc: Bro-okfield Stephenson Village, L.L.C. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJCLYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: THOMASO.LAN'SON@VERIZON.NET '156 Caterpillar Maintenance and Sales Facility, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #-07-05 OF STEPIIENSON VILLAGE -I POSTPONED FOR UP TO 60 DAYS Planner I Bernard Suchicital appeared before the Board regarding this application. He advised that this was a review of Phase I of the Stephenson Village Master Development Plan. The applicant has addressed all agency and County comments with the exception of Route 37. Staff received a revision last Friday for a proposed right-of-way on the southern boundary of the property to accommodate future Route 37. If the County agrees to this proposal then it will have to be included in the approved Master Development Plan. Be concluded by saying that staff is seeking administrative authority to approve phase I of this Master Development Plan. Ty Lawson, attorney for the applicant, appeared before the Board on behalf of this application. He stated that this was an administrative process to approve this Master Development Plan. He briefly reviewed the history of this project and advised that the rezoning application was approved over two years ago. Mr. Lawson stated that this was a master development plan for phase I of this project. He went on to say that this proposed master development plan is in full compliance with the Zoning Ordinance, proffers, generalized development plan, and Subdivision Ordinance. The Planning Commission recommended approval and the applicant is requesting approval from the Board of Supervisors as well. Mr. Lawson stated that Route 37 was not part of the rezoning application, proffers, or Generalized Development Plan. The applicant has submitted a Master Development Plan that conforms to the proffers and Route 37 is not part of that. Mr. Lawson explained that Route 37 could not be part of this master development plan and if the applicant consented to including it then it would not be in conformance with the rezoning and proffers. He Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 157 concluded by saying that this was an administrative process and not a public hearing. Chairman Shickle responded that he had made it clear that this was not a public hearing and that the Board was waiving the normal citizen comment rules in order to allow the public to speak at the time this application is considered, as stated earlier in the meeting. Chairman Shickle asked if there were any public comments relative to this proposal. Stannish P. Kugler, Stonewall District, spoke in opposition to this proposed Master Development Plan. He stated that the Route 37 corridor issue is settled in the County's Comprehensive Plan and the State Plan. He went on to say that a lot of life decisions have been made based upon the Option "C" alignment. He stated "we are your constituency and we arc asking you to look out for us" and that deflection of Route 37 from the option "C" corridor would affect retirees and existing homes. He concluded by saying that the new proposed alignment was preposterous and the applicant should rework their plan to accommodate the 250' right-of-way for option "C". Chuck DeHaven, Stonewall District, stated that he had no desire to see this proposal delayed any longer than necessary and that the applicant's proposal is a step in the right direction. He went on to say that the Route 37 corridor is essential to address transportation in the long term, but to impact residents not previously impacted by Option "C" is wrong. He urged the Board to delay a decision on this Master Development Plan until these issues can be resolved. Trudi Dixon, Stonewall District, stated that she appreciated the alternate route, but it was not enough. She went on to say that corridor "C" had been approved through the federal level and that the alternate proposal should be approved by all levels of government as well. She stated that Route 37 should not be removed from the Comprehensive Plan without a public hearing and as long as it was part of the plan, it should be honored. Bill Meyer, property owner in the Stonewall District and resident of Leesburg, stated that it appears Shockey is trying to pretend that Route 37 is not there. He thought the route was chosen, but now they are acting like it is not there. Bob Boden, Stonewall District, stated that a lot of futures and lives have been based on Corridor "C". He asked how Corridor "C" could not be an option without a period of study. He went on to say that Corridor "C" needs to remain open while alternate routes are being studied. Miuute Book Number 31 Board of Supenisors Regular Meeting of 10/12/05 158 An unnamed male speaker stated that we all knew where Route 37 was to go and the developer knew that it ran through his property. Moving the road is not the way to do proper; planning in this community and the route should be included on the Stephenson Village Master Development Plan. Gary R. Oates, Stonewall District, stated his opposition to any Stephenson Village Master Development Plan that does not conform to Route 37 Option "C". He went on to say that this needs to be shown on the master development plan until State and Federal officials sign off on another option. He stated that he waited until the location of Option "C" was decided before he built his home. He believes the Board still has the power to get Route 37 on the Master Development Plan. He concluded by saying that he believed the Board " does have a legal leg to stand on". Howard Kittel, Executive Director of the Shenandoah Valley Battlefield Foundation, stated that Corridor "C" goes through a substantial portion of 2"d and 3`d Winchester and steps have been taken to preserve these properties since the environmental impact studies were completed. He believed the Board should give serious consideration to the proposed alternative as well as other options. Plan. Nancy Oliver, Stonewall District, stated that she was opposed to the Master Development Mary Ann Posey, Stonewall District, reminded the Board that over two years ago they were presented with a petition containing 4,200 signatures opposing the original Route 37. This route had not received State approval at that time. She stated that a new Route 37 would be set up like Jubal Early Drive with exits to get off of and on to the road. She concluded by saying that a new road would not be knocking down people's houses. Mr. Lawson stated that there Is no doubt Route 37 is a hot issue. He stated that public hearings would be held to accept alternate routes, if land owners wanted to participate in that process. He explained that this applicant has gone through two rczonings and has submitted a proper plan that is ready for approval. Supervisor Tyler asked County Attorney Lawrence Ambrogi if the Board was in a position to make a substantial change to a proffered rezoning? Attorney Ambrogi responded that Mr. Mitchell had been dealing with this issue rather than Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 1159 him and he did not feel comfortable issuing an opinion since he did not have all of the information. He concluded by saying that he would feel more comfortable letting Mr. Mitchell answer that question. Administrator Riley advised that responded that Mr. Mitchell had been contacted last week concerning possible legal issues; however, he has not issued an opinion. He stated that if it is the Board's desire to get an opinion from him that could be arranged. Chairman Shickle advised the Board that executive session was the best way to get a legal opinion. Vice -Chairman Dove asked VDOT Resident Engineer Jerry Copp if he had seen the revised plan for another location of Route 37. Engineer Copp responded that he had only seen it in the newspaper and what was shown tonight. Vice -Chairman Dove asked if it would be difficult for VDOT to work with staff and the applicant to come up with a location for Route 37. Engineer Copp responded that he had not had time to consider alternatives and more time would be needed. He advised that he could give advice in 60 days, but he was not sure about making a decision in that time. Supervisor Tyler asked MPO Transportation Planner John Bishop about the study process for Route 37 and what the modeling results showed. Mr. Bishop stated that a lack of access was the primary issue for Route 37. Supervisor Van Osten asked what types of studies need to be undertaken or could the County build off of existing studies. etc. Mr. Bishop responded that the County could build off of existing studies. Chairman Shickle asked how MPO staff could assist the County. Director Lawrence responded that staff could work with MPO staff and VDOT to get advice, Chairman Shickle stated that it sounded like there was an option out there if the Board decides it wants to explore it. Supervisor Tyler stated that the Board should take advantage of the applicant's generosity. Minute Book ]'umber 31 Board of Supervisors Regular Meeting of 10/12/05 MI She went on to ask if the County would be able to show that a shift or access point would work. Vice -Chairman Dove stated that Route 37 is in the Comprehensive Plan and he wants it it the subdivision if the master development plan is to be approved_ He went on to say that he woulc like to see the original corridor or a workable alternative. Supervisor Ewing echoed Vice -Chairman Dove's remarks. Supervisor Forrester stated that she was initially against the proposed industrial park and was not thrilled with the residential component, but she believes the master development p conforms to the ordinance. She went on to say that she would support looking into the area in lower portion of the property for an alternative route. Supervisor Fisher believed that the Board was able to get somewhere with the alternative has been offered, but it needs to be studied. He went on to say that the Route 37 corridor needs stay within the Stephenson Village property and the Board needs to see how is goes undeveloped properties. Director Lawrence advised that Planning staff would look to VDOT, Mr. Bishop, and experts for guidance regarding this study. Chairman Shickle stated that the Board wants to know if the road can fit in the alternate area and how long it would take staff to have their findings to the Board. Assistant Administrator Tierney advised that 60 days was a reasonable time line. Administrator Riley agreed, but said it might be completed sooner. Supervisor Van Osten stated that she was pleased to see the study area on the development plan. Mr. Lawson advised that the alternate proposal was not part of the master development plan. He went on to say that the only item before the Board tonight was a master development plan that complies with the County's ordinances. He reiterated that the alternate proposal for Route 37 was not part of the master development plan application. Supervisor Shickle asked Mr. Lawson what a 60 day delay would do to the master development plan and if it was a problem. Mr. Lawson responded that he believed it was a problem because the applicant wanted the project to go forward. He went onto say that the applicant would continue to work with the County, Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 161 but a delay would hurt them in the course of the project. He concluded by saying that the applicant views the master development plan and the alternate Route 37 proposal as separate issues. Supervisor Tyler stated that the Route 37 plan needed to go back to the drawing board in order for it to be a transportation solution. She went on to say that alignment "C" was never an alignment. Supervisor Tyler stated that there needed to be a solution for the community and she felt the developer had done a good service. She concluded by saying that she would like to take advantage of that good service in order to disrupt as few lives as possible. Supervisor Tyler moved to grant staff authority to administratively approve Master Development Plan #07-05 with the understanding that the developer has offered a two year period to study the southern boundary for a possible alignment for Route 37. The motion was seconded by Supervisor Forrester. Supervisor Van Osten asked what would be the time frame for development activity to begin if the Board granted administratively approval? Evan Wyatt, Greenway Engineering, responded six months to one year. The above motion failed by the following recorded vote: The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Supervisor Forrester asked if the Board could turn down the plan if it conforms entirely to what has been approved. Director Lawrence responded that staff believes it conforms to everything, but Route 37. He went on to say that the waiver granted at the rezoning affected the generalized development plan and not the master development plan. Supervisor Fisher stated that he was hearing that the Board wanted to take time to look at the proposed alternative and discuss legal issues. Upon a motion by Vice -Chairman Dove, seconded by Supervisor Ewing, the Board postponed Master Development Plan #07-05 for up to 60 days in order to give the applicant, County Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 162 staff, and VDOT an opportunity to work on a mutually acceptable alignment for Route 37 in Stephenson Village. a delay. Supervisor Tyler stated that she was concerned that the applicant's offer might not stand with The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Nay Barbara E. Van Osten Aye DEVELOPMENT IMPACT MODEL -APPROVED Patrick Barker, Executive Director of the Winchester Frederick County Economic Development Commission appeared before the Board regarding the Development Impact Model. He reviewed the issues requiring Board action and asked that they take action this evening. The outstanding issues for the Board's consideration were: 1. Does the Board wish to use outputs from the Development Impact Model for understanding projected capital facilities impacts of rezoning requests? Upon a motion by Vice -Chairman Dove, seconded by Supervisor Ewing, the Board voted to use the outputs from the Development Impact Mode for understanding projected capital facilities impacts of rezoning requests. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Chairman Shickle advised that it was 11:00 p.m. and per the Board's Rules of Procedure, a majority of the Board must agree continue the meeting or adjourn. The Board consensus was to extend the meeting beyond 11:00 p.m. 2. Using outputs from the Development Impact Model, how does the Board wish to calculate the capital facilities impact of a rezoning request? Director Barker stated that this was a two -fold process with credit given for phasing. He Miaute Book Number 31 Board of Supenisors Regular Meeting of 10112/05 211 Upon a motion by Vice -Chairman Dove, seconded by Supervisor Ewing, the Board approved the following reimbursement resolution: The County of Frederick, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of certain capital improvements for public school purposes (the "Project"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. — The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of the Project from the proceeds of one or more financings. The maximum amount of financing expected to be issued for the Project is $1,000,000. — This resolution shall take effect immediately upon its adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Ave Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #07-05 OF STEPHENSON VILLAGE (VOTE POSTPONED FROM OCTOBER 12. 2005 MEETING). - APPROVED PHASE I PART A Planner I Bernard Suchicital appeared before the Board regarding this application. This was a review of Phase I of the Stephenson Village Master Development Plan for 400 single-family homes, 110 townhouses, and 360 multi -family dwellings, with no commercial development in this phase. The Board postponed action on this application for up to 60 days to study a possible relocation of Route 37 on the southern boundary of the property. The applicant has revised Phase I of this plan by dividing it into parts A & B. This evening the Board will be reviewing part A. Per the applicant's letter, Part A should lie outside of the proposed Route 37 Alternate C Corridor. According to staff's presentation, Corridor C runs through a portion of Part A. Planner I Suchicital went on to say that staff recommends that the Part A boundary line be moved further north in so that Part A lies outside of Route 37 Corridor C Alignment. He concluded by saying that the applicant Minute Book Number 31 Board of Supervisors Regular Meeting of 11/09/05 22 has not provided staff with revised figures regarding the number of houses that would be eliminated in parts A and B. Ty Lawson, Lawson & Silek, appeared before the Board on behalf of the applicant. He advised that this request has been paired back from what was originally requested. He noted that the map displayed by staff has a hand drawing of Route 37; however, the applicant was filing a master development plant that does not recognize Alternate Route 37. He went on to say that the applicant was certainly willing to discuss the road alignment. He concluded by saying that it was the applicant's intent to present the master plan in pieces and they were requesting approval of Part A. I i Chairman Shickle cited a letter from Brookfield Stephenson Village, LLC, which stated the I applicant's intent was to keep Part A out of the Route 37 option C Corridor. He asked if there could be some confusion on the location of that alignment. Mr. Lawson responded that there was no confusion on the master development plan as it was following a proffered rezoning. He went on to say that the applicant was presenting Part A so the Board could have more time to discuss Part B. Supervisor Tyler moved to approve Master Development Plan #07-05 recognizing Part A, as presented. The motion was seconded by Supervisor Forrester. Vice -Chairman Dove moved to amend the original motion to approve Part A of Stephenson Village Phase I Preliminary Master Development Plan, with the change that the boundary between Part A and Part B be relocated to north of the Route 37 Alternative C alignment, and that the Director of Planning and Development, pursuant to § 165-138 of the Zoning Ordinance, shall have the authority to approve a Final Master Development Plan for Part A which is in conformity with the foregoing approval. The motion was seconded by Supervisor Van Osten. The proposed amendment was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye The amended motion was approved by the following recorded vote: Minute Book Number 31 Board of Supervisors Regular Meeting of] 1/09/05 i 213 Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye (Supervisor Tyler left the meeting due to illness.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER_144 SUBDIVISION OF LAND: ARTICLE V, DESIGN STANDARDS: SECTION 24C, LOT REQUIREMENTS. THIS IS A REQUEST FROM GREENWAY ENGINEERING REGARDING WAIVERS OF THE PUBLIC STREET REQUIREMENT FOR AGE -RESTRICTED COMMUNITIES. (TINS IS A PUBLIC MEETING. PUBLIC HEARING WAS HELD ON AUGUST 24, 2005. BOARD ACTION WAS POSTPONED.) - SENT SCENARIO #2 FORWARD FOR PUBLIC HEARING Zoning and Subdivision Administrator Mark Cheran appeared before the Board on behalf of this item. He advised that on August 24, 2005 the Board held a public hearing to consider ordinance amendments which could enable private streets within proffered age -restricted developments. The intent of this amendment was to enable gated communities for those residential projects with proffered age -restrictions. Presently VDOT or public owned streets may not be gated. The Board deferred action on this amendment and requested clarification of two items: public safety access and engineering aspects of the private road network. Zoning Administrator Cheran went on to say that staff has worked with the applicant to address the Board's comments. With regard to public safety access, staff was informed that proposed gated communities would not bean issue, but might delay response times. With regard to the engineering aspects, the roads must be designed and constructed to meet VDOT standards in order for them to be accepted into the state road system. These standards would require that the street be designed to meet VDOT's horizontal and vertical cross section requirements. These roads would also need to be inspected by a third party to certify that the design criteria were implemented through construction. Staff offered two proposed scenarios for Board review and consideration. Scenario #1 was partially approved by the Planning Commission and presented to the Board in August 2005. Scenario #2 was a change submitted by the applicant. Zoning Administrator Cheran concluded by saying that Evan Wyatt, Greenway Engineering, was present representing the applicant. Chairman Shickle asked, should the Board choose either scenario #1 or #2, staffs advice was to readvertise for public hearing due to the significance of the proposed changes. Minute Book Number 31 Board of supervisors Regular Meeting or 11/09/05 } qs ky CCU 1' of FREDERICK Department of Planning and Development 540l665-5651 FAX: 5401665-6395 October 19, 2007 Mr. Robert C: Hubbell, Managing Member Brookfield Stephenson Village, LLC 5500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 RE: Snowden Bridge Development (Previously Referred to as Stephenson Village) Dear Mr. Hubbell: The County is in receipt of the preliminary Master Development Plan for Snowden Bridge, Phase 1, Part B. This would be the second part of the Snowden Bridge project; the first part being that titled Phase I, Part A. which has already received administrative approval. A few items necessitate clarification prior to proceeding with the approval of Part B of this project. As you will recall, in the fall of 2005 Brookfield submitted a preliminary Masten Development Plan for a portion of the Stephenson Village (pow known as Snowden Bridge) Development. A portion of this initial projectsubmission encompassed land on which the County Comprehensive Policy Plan had identified for the planned Route 37, Alternative C alignment. In an effort to work through the planned transportation improvement, while also enabling the Stephenson Village project to proceed, you offered to separate the project into a Part A and Part B. Furthermore, you offered to defer development within a defined area along the southern property line of Stephenson Village to allow Frederick County time to study same as a route for the planned transportation. (See letter dated September 30, 2005, attached.) The County is appreciative of this offer. As you are aware, the County conducted a transportation analysis of Route 37 corridor requirements, and concluded that the defined area offered in your September 30, 2005 correspondence could accommodate a realigned Route 37. Similarly, to formalize the County's commitment to work within your defined area, the County modified our Eastern Road.Plan, and realigned planned Route. 37 so that it traverses the Stephenson Village project within the committed corridor. The County continues to work with your Land Development Director, Sara Kroll, on the various subdivision design plans and final plat reviews for the area within Phase T. Part A of the approved Master Development Plan. Through this working relationship, we have been able to accommodate subdivision design plan approvals for various sections of the project; as well as secure infrastructure and building construction. The County has also been actively 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-S000 Mr. Robert. C. Hubbell Re: Snowden Bridge Development October 19, 2007 Page 2 working to accommodate your requests for revisions to various lot and road. layouts within Part A, as well as the implementation of a temporary pump and haul system that has enabled home construction to proceed while water and sewer are being extended to the project. So that we may process the Master Development Plan for Phase 1, Part B, it is essential that the realignment of plaiuied Route 37, realigned to accommodate the offering of a southern corridor, be included, on the present and future Master Development Plans for the Stephenson Village (a.k.a. Snowden Bridge) project. We look .orward to our continued coordination on this project. Sincer ly, Eric R. Lawrence, AICP Planning Director Attachments: Letters dated September 30, 2005 and November 3, 2005 cc: Sara Kroll, Brookfield Stephenson Village, LLC Richard Shickle, Chairman; Board of Supervisors Charles S. DeHaven, Jr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kurt Pennington, Greenway Engineering ERL/bad Brookj$eld Stephenson Tillage Lb, 8`00 Executive Par�f-Avenue .Criito 300 Fairfax, 11irginia 22031 September 70, 2005 14 i. John Riley, County Administrator Frederick County 107 Forth Dent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We- would like to express our gratitude to you and each of the. members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning 406-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September'3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 Fast, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Bxhibit A). This deferral will allow Frederick County time to study an area Within the Stephenson Village property for a route - or pafhway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase l Master Development Plan, but not later than October 31, 2007. During that period, we mill work closely with the Frederick County Planning Office- and VDOT to study the available transportation options. Senternber 30, 2OUD Stephenson Village Page2of2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you haw, any questions or require any additional information, please don't hesitate to coutact us at your earliest convenience. We greatly appreciatE your assistance, as well as the Board of Supervisors, and look fom and to your response. Sincerely, Robert C. Hubbell, IRlsnagiag Mtmber Cc: Frederick County Board of Supervisors y 6 EXIBIT 'A' TRANSPORTATION STUDY AREA STEPHENSON VILLAGE l DENOTES AREA SUBJECT TO 2—YEAR STUDY COMMITMENT NOTE: ATTACHMENT TO LETTER DATED SEPTEMBER 30, 2005 DATE: 10/05/05 SCALE: 1 "= 2000' STEPHENSON ASSOCIATES, L.C. BROOKFIELD HOMES BROOIF�LD S EPHEENSO N'JILLAGE, TLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board. of Supervisors 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County wdthout effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 12"' Board meeting. We will continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VMLAGE, LLC Robert C. Hubbell, Manager Enclosures Ll OLD " WN IiU {RT. ev Qr 4. Jf @A"ga Ic7} 'FVS tl¢E .K r:.i.A�„ =� "' yf r � {� ; . j r4��1 4krGy ne.. "`��'�R:��My �'R �• 22 d. q ts��,�,L •s� '' �"` �� s;. ��„><�, 6 i co t wv w —eiw.M1. n.r,nrww.nw rnr .,.n+r T\, '1 `�k�'i �iil•` KG E �� I.l•� fit. Cj1t r O Cowt of FREDERICK w x Department of Planning and Development IB 540/665-5651 FAX: 540/665-6395 October 19, 2007 Mr. Robert C. Hubbell, Managing Member Brookfield Stephenson Village, LLC 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 RE: Snowden Bridge Development (Previously Referred to as Stephenson Village) Dear Mr. Hubbell: The County is in receipt of the preliminary Master Development Plan for Snowden Bridge, Phase I, Part B. This would be the second part of the Snowden Bridge project; the first part being that titled Phase I, Part A, which has already received administrative approval. A few items necessitate clarification prior to proceeding with the approval of Part B of this project. As you will recall, in the fall of 2005 Brookfield submitted a preliminary Master Development Plan for a portion of the Stephenson Village (now known as Snowden Bridge) Development. A portion of this initial project submission encompassed land on which the County Comprehensive Policy Plan had identified for the planned Route 37, Alternative C alignment. In an effort to work through the planned transportation improvement, while also enabling the Stephenson Village project to proceed, you offered to separate the project into a Part A and Part B. Furthermore, you offered to defer development within a defined area along the southern property line of Stephenson Village to allow Frederick County time to study same as a route for the planned transportation. (See letter dated September 30, 2005, attached.) The County is appreciative of this offer. As you are aware, the County conducted a transportation analysis of Route 37 corridor requirements, and concluded that the defined area offered in your September 30, 2005 correspondence could accommodate a realigned Route 37. Similarly, to formalize the County's commitment to work within your defined area, the County modified our Eastern Road Plan, and realigned planned Route 37 so that it traverses the Stephenson Village project within the committed corridor. The County continues to work with your Land Development Director, Sara Kroll, on the various subdivision design plans and final plat reviews for the area within Phase I, Part A of the approved Master Development Plan. Through this working relationship, we have been able to accommodate subdivision design plan approvals for various sections of the project, as well as secure infrastructure and building construction. The County has also been actively 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Robert C. Hubbell Re: Snowden Bridge Development October 19, 2007 Page 2 working to accommodate your requests for revisions to various lot and road layouts within Part A, as well as the implementation of a temporary pump and haul system that has enabled home construction to proceed while water and sewer are being extended to the project. So that we may process the Master Development Plan for Phase I, Part B, it is essential that the realignment of planned Route 37, realigned to accommodate the offering of a southern corridor, be included on the present and future Master Development Plans for the Stephenson Village (a.k.a. Snowden Bridge) project. We look rward to our continued coordination on this project. Sincer ly, a Eric R. Lawrence, AICP Planning Director Attachments: Letters dated September 30, 2005 and November 3, 2005 cc: Sara Kroll, Brookfield Stephenson Village, LLC Richard Shickle, Chairman, Board of Supervisors Charles S. DeHaven, Jr., Stonewall District Supervisor John R. Riley, Jr., County Administrator Kurt Pennington, Greenway Engineering ERL/bad ' Brookfield Stephenson Village LL 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project As a developer of master planned communities, we art -- sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase I Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 20k» Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. HubbeIl, Managing Member Cc: Frederick County Board of Supervisors BROOKFIELD STEPHENSON VILLAGE, LLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County without effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 121h Board meeting. We will continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VILLAGE, LLC Robert C. Hubbell, Manager Enclosures x u- R et Bad 999 cc rr gy,rl,t!tit�� „". Ar w pOP \\ .00 , p i \ �, t'i,�, t'� � ,� �.�' ° I�I �"'��t� "�� 1. � i9fTAb�, i ■® \\ yam✓ �r�� '�{.'�,�If x, ` esK J�it7 ,♦� •gyp \ e�+s n,,,,� v� r !1 eb4at'11.'jI,� �.a.a m .e. fj S I� ' • FN'hk: 6FYr RI;�y Pl� 8 ...ms ao:sw� tf FI1 tt Ile �mp t _�i ♦♦ �_Il3E&Il rf i�� w �"►` �I'jw_ A a �yKi1i� ♦ �* It_ e^amra.u.n �A�[ �iiPA T�als; t�1 �`ytq h�i��tii�a,i�y' {77 �✓ 61 �'��'" �, ��,} �i,# Er''ry j�, .... t� ril K ,� � 'r, ��t• it`t� �,� .":� � .� .e. � ..s ® i 7. I � / S 1# ry uo 7•� ' ..e N S M ,r °, ♦ � w.l u! 11;6 � "z' ? U,`�u ,o Yo to , �d _E_.. a. gum ',%-OUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 August 15, 2006 AUG 1 6 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Snowden Bridge Sections 2 and 3 Frederick County, Virginia Dear Kurt: Upon review of the subject subdivision plan, we offer no comments at this time. Therefore, we recommend approval of the subject plan. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\SNOWDENBRIDGESEC2&3COM.wpd 107 North Kent Street o Winchester, Virginia 22601-5000 : 5407229528 GREENWAY ENGINEERING 67-16-86 11:17 Pg: 1/17 M ax sent by GREEMAY MIDINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540-662-4185 FAX 540-722-9528 FACSIMILE TRANSMITTAL SHEET TO: FROM: Bernard Suchicital Jeff Smeraldo COMPANY; DATE; Frederick County Planning 07/10/06 FAX NUMBER: TOTAI, NO. OF PAGES INCLUDING COVER: 540-665-6395 17 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 662-5651 2760S RE: YOUR REFERENCE NUMBER: Conservation Easement Document ❑ URGENT ® FOR REVIEW ® PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS; Bernard Attached is the requested document for the McCann-Slaughter-Stepenson Associates Boundary Line Adjustment. I fyou need anything else, please call. Jeff Smeraldo Engineers Surveyors Founded in 1971 Fax sent by : 5407229520 GREENWAY ENGINEERING 07-10-06 11:17 Pg: 2/17 C= J 050029774 Exempted from r+eoosdatkn tax under the Code of VkOnia (1950), as amended, Sections 58.1-811(A) (3), 58.1-811(D) and 10.1-1803 [473536 Acm Parcel] THIS DEED OF GIFT OF BASEMENT, made this ,�� of 2005, by and between a Vk& a Litnfted Liab>7itY Y' whose address is P.O. Box 2530, Winchester, Virginia basin called the `Yirantor" Wex as Cesar'): and the a Virginia pon-stock corporation (the "Foundation'), whose addrM is P.O. Hex 897, New MZioet, VQgiuia: and the�8e is 203 I Bggy Governors greet, Riabmottd, Virginia, herem conwUvely with the Forma celled the `Y3t�teos" surd individually a "Grantee" (index as Grantee); Witnesseth: WHEREAS, the Open Space Land Act of 1966 (Chapter 17, TWO 10.1, 010.1-1700 m la 1-1705 ofth Code of Vk9ftda, as amended) authorizca the Virginia DgMW3 trt of Conservation andmidion as d Recreation to acquire easements in gross or such other interests in real estate of not less than five yew' are designed to mabtain the cbara w of such hQ as open -space land, inckKft Papa" inlaeM; and WHBRBAS, Chapter 10.1, Title 10.1 of the Code of Virginia (§Q 10.1-1009 to 10.1-1016, as amended) authorizes a duritable corpormiou, association or trust exempt from tea NdM PeusnaZ to 26 U.S.C.A 501(c) 3, with a primary pugxm ofprot=tat8 open space Or historic the's on real ProPwty' to hold a noniossessory interest in real property for purposes ofretaining or pcoteating nadmal.or opw space values of real property and the Sbgnm doah Valley Battlefields Foundation qudifies as such a charitable corporation and is authorized to acquire conservation easemots by gib' Purchaw' devise, or bequest; and WHEREAS, the real property hereWda described bolls s*dfiC 2t historical V21M, especially those that result from its role in the Civil Warr bastlas of Second and Third Winchester, and WHEREAS. the real property hereinaftr desa'Ibed contains prime and other' Pave sods and provides open space and agrkukutal values to the citizens of Frederick County and the Conmoouwealth; and WHIlREAS, the oomprehensive plan for Frederick County Virgin * as imple enwd by the county's Zoning and other' ordkuwas, recognizes the kupoftam of protecft the batorM values of real property within the county, and WHEREAS, the Grantor is the owner in fee simple of the real property buVina8er described. which it desires preserved as open -space land in the public infest Fax sent by : 5407229520 GREENWAY ENGINEERING 67-10-96 11:17 Pg: 3/17 O -�J N NOW, THERBPORE, in TmSW on of the foregolag and in coosider'Wou of the futual- covenants be = and the acceptance hawfby the Grantees, the Grantor doesuft the we o to the Grantee an open-waea ce semunt in gross over, aaad the right iperpetuity t trail of land derartbed below wd hwWafter rdHTed to as the "Property"; The Property con rises a 47.7536-am paation of tax map panel No. 44-A-31 lying on the cast side of Milburn Road (State Route 662); and south of Old Cbarles Town Road (State Rome 761), m the Stonewall Magisterial District, Ftedawk County, Virgmm- and more poficulmiy described and shown on that certain plat dated February 28, 2005, revised April 7, 2005, and auitled `TMcmont Plat, Showing a ProMed Conservation Ememont Over the Land of StepbMM Associates, L. C, ", prepared by Richard A Edens, of Gareenway Enginea'ing, wbk b Plat is aRtac; sec. hereto a ncl made a part hereof by this reference. The Property is fhttha dtribod by metes and bounds in Exhibit "A" attacbed hereto and made a part hereof by this rehrence. AND SUBJECT, HOWEVER, to the ra Wction that ft Grantees or their suoeessm and assigns may not transfer or com cy the open-jpaeo casement hereein eomroyed to the Grantees unless the Gnmices condition sudti transfer or eommyance on the ant that (i) AD restrictions and conservation purposes set fetch in the conveyance accomplished by title deed are to be continued in perpetaity, and (n) the ft=Leree is an organizatiou then quabfyiM as an cligtbte donee as defamed by section 17o(hx3) of the internal Revenue Coda of 19K as aameDded, and the applicable Tr may Regulations promnketed thu u - In so event d wN the open Rune easement herein conveyed be conveyed to tlae Civil War Praervt+UM Trod. Restrictious are hereby bq)osed on uses oft:ho L'roperty MOM to the public policies set forth above; The acts which the Grantor, is heirs, successors, personal representatives and assign$, covenant to do and not to do upon the property, and the ruaictiom which the Grantees are b emby entRIM, to ea fWM are and shall be as follows: 1. Accumulation or dunIgng of trash, refuse, or junk is not parrmttei on the Property. This restriction shall not prevent generally accepted agricultural or wgdU* io mgpmantpractices, such w creation of brush piles, composting, or the storage of firm machinery, organic matter, VV*VkMId products or agricris� iMmCuets on (z rwerty, as lonig as such prac dm are oonducted in accordance with applicable governmental laws and regulations. 2. Display ofbillboards, signs, or other adverdstments is not permitted on or over the Property except to state the Iw and/or address of the owners, to advatise the sale or lease of the Property, to advetpse the sale of goods or services produced hwWcaally to a permitted use of too Iroporty, to provide notice necessary for the pmtaction of the Prvpaty and Ibr giving directions to visitors. No mch sign shall wwoed tare square £set in size. 3. The Property may not be divided or subdivided into more than three (3) poreels. Any such subdivision shall be approved is advamrx by the Fowrdation, which approval shall not be unreasonably withheld, conditioned or delayed. Bub resulting parcel shall remain sabject to the provisions of this easement and capable ofbe 4 cowmyed by Gnmtor to another owner. The easement berein granted shalt run with the Property and shall remaia in full force and effect and sW not terminate or be 4oeuaecl to be Fax sent by : 5407229528 GREENWAY ENGINEERING 87-16-66 11:17 Pg: 4/17 I — vacated Grantor, of its faun successors and assign in titleThe upon any transfer of: the Peeper, by owner or owners of the Property shall terminate rights, obligation, and liabilities under this Deed ofany that the owner's liability for acts or upon transfer of that owmes interest in true Property, eutoept omissions oezm* prior to such transfer shall survive sucb transfer. 44. Management of tbnst resources. if Uy, inclu ft come timber harvest, shall be in accord with a forest stewardship plan approved by the Foundation. All forestry activities shall be carried out so as to preserve the euviromnentd andt scenic qualities of the area. Best ManagmnM PractiON, as defined by the Virgo Dgpw meat of Forestry, shall be used to control erosion and protect water quality when any material forestry activity is umdatalm The Grantor, the start of any matenal�fioa�est activity as wool as within 00 no later than tbhy (30) days prior to seven (7) days of its completion. Notwitltstwxft the f0ro8oin8. Grantee' can at any time remove c=, (alien, or diseased trees witl"prior noufleation to and approval of such action being made by the Grantees. 5. Graft blasting, aacava Wn, or earth tMoval shall not prate -A y alter the topography of the Property or materially diminish or impair the conservation vat= proms by this Basement except as r+equirodl in the ooasbuc'don of pe rYeittec, f x&Rinp and structures and the installation of utilities (inchrdmg but not limited to sewer, storm drainage, water, telephone, elvatric, and/or cable) that are speciScaliy permitted and provided for in paragraph mtmbered 6 herein, as wdl as for (1) the purpose of combaft erosion or flood (2) as is necessary for agricultural activities; (3) for the construction andlor maintenance of permitted structures and wrldtife habitat; (4) temporary disturbance associated with septic system insmiktion, repair or mak team m and intation. The Grantor and any party mdUming such eaeavation_ or blasting on the Property, shall, at its own expense, restore, as nearly as possible to their odgkW condition, all laud or premises included within or abutting tee parndtted its which arc disturbed in any manner by the construction of the permitted structure, building, andlor utillm. Such restoration shall include the baekfillimg of trenches, the replacement of forces and shrubbery, the reseeding or resDU* of lawns or pasture areas, anti ('W rep ace me nt of structures and other flicilitics located without any such utility easements, but shall not include the replacenzat of structures, trom and other thcilhies located within any such utility easemev a. Generally accepted ag&mkaral activities shall not coosdt to any such material alteration Best Management Practices, in accordance with the Virg)nia Erosion and Sedhwnt Control Law, shall be used to control erosion and protect water quality in the construction of permitted private toads. Mining on the Property is prohibite& 6. No burldun' g, structure, utilities or improvements shall be built, maintained, or installed on the Property odrer than (i) as provided under my agreatnents of reoord which form the chain of title to the Property, and as set forth in Exhibit "B," but in every instance, such uses will only be albowed by Grantor if it is the most reasonable and practicable akam ative, and not because it is t * :east expensive atbm"tive; (n) any structures existing on the Property as of the date of the easement, Wading &noes, bundations, and sheds; (M) one new farm building not ctcooding 4,5M square feet, and all appiate ant utility, with the prior written approval of em Fowudhtion, w,2W2 approval shall be limited to coasidaration of the iao W of the size, height, and siting of the proposed structure on the historic and open space values of the Property); (iv) foot paths, private roads and utilities that serve permitted burildiugs, structures, or improvements; (v) signage appropriate for the preservation, maintaamom exhibition, and interpreWoll of the Property as a Civil War battlefield as permitted hereunder and approved by Grantor, (vi) reconstructions, at their former sites, of historic building; or structures which are door nenteftuoag r Fax sent by : 5407ZZ95ZB GREENWAY ENGINEERING 67-1e-86 11:18 Pg: 5/17 O —J C7 .P- professions; historical or archwologiaal nnvm4ation to have been located on the Property, (viQ underground utilities and dram field eonstracdon for a pemdUedbmlding or stract"e' andVor as allowed by subsection (0 above; W (viir) underground utilities in specific eaacureoot � de erminCd, doses and granted by Grantor upon, ova and across the Property, whicb easeaa v" and utilities am necessary to imitate andbeaeflt the development and/or im mv=NA of itamediat* contiguous and 2481CCIA properties owned by Grantor or by another en*Jcompany owned in wbole or to part by J. Donald Sbockey, Jr. Footpaths and private roads will be constructed so that the erosion of the sorbs is MWmimod Bxis ft stnraarres and roconsauctions of Em mci historic buildings or structures shall not exceed the original ioogxmt of the bufidings as identified in the baseline din report or httOncal and aorchaeokrgical findings. 7. Existing structures shall not be demolisbed or removed from the Property, nor shall they be altared, restmr renovated, or wdended accept in a way that would be in keeping with the historic and scenic character, and agricultural viability of the Property, and Provided that this prior written approvals of C Shenandoah Valley Battlefields Foundation s:'m3 have been obtained Fencing may be built and maintained in accord with customary prectiew to support sgriaakural uses• 8. Vev&pment of tje :?roperty sbafi be limited to preservation and intatprctation of the historic battlerwW and permitted agricultural ptusuits. It is the intent of the parties hereto that the Property shall be used as an agrkulhMd, historical. educadoML open -space, sad mitred resource fur the benetat of the public. 9. Altbougb this amenwat in gross wL-1 lnnelit the public as deserted above, nothang lanais shall be construed to convey to the public a right of access to or, use with respect to the PropertY, Mwept those provisions set out in this Paragaaph 9. The Grantor, its successors, personal representatives, Lives, and seises, hereby grant to the public, by revocable license and not by easement, CIO right to swnexclusive access to lmabed areas of the Property for the . purposes of historic intermetation activgiea. Such access shallbe linked to the arcs derma as "Proposed Revocable Public Access License Amer" and more pa6cularlly dle� and shown on the anad2d. Exhibit "C", being that certain plat dated February 28, 2005, revised A?6 7, ZOOS, and titled "Exhibit B Interpretive Envelope Revocable Public Access License Area Over the land of Stephenson Associate`, L.C., Stonewall District, Frederick County Virginia," pre mwl by Richard A. Edens, of Greenway Bngineerin& which plat is attached hereto and grade a part bawfby this refirenee, and shall be subject to the rules promulgated by the Foundation, as preepproved by the Grantor. 7U license shall be granted')y Grantor to fie ?oundlation an a calendar annual basis, which license shall be sutorratically renewed from year to year unless sooner revolted by Grantor. The license can be revoked by Grantor at away time during the armusl period. In the event Grantor does revoke the license, such notice of revocation sbaall be provided to the Foundation at least ninety (90) calendar days prior to the effective date of the revocation. Once revoked, the license is not capable of being reinstated in the annual period in which it was revoked even if'the Foundation sul�md:y curls and remedies &e breach/violation in that period Grantor shall have the right to revoke the ftense for public access in the event that in the sole reasonable judgment and ddscredon of Grantor, Grantor des that any or all ofthe following conditions exist at the Property. (I) the Foundation has failed to police the public's access to the Property such that the ; public is oowistemly straying from the limited area in which the public is permitted access on the Property, and/or (n) the access of the public to the Property is causing harm or damage to (M Property, such as, but not lmritod to, the dumping of trash, refuse or junk, abut rai activity, udsanoe, or other activity not otherwise permitted) under this Agreement or in violation of the regulations, laws and ordinances of Fax sent by : 5407ZZ95ZB GREENWAY ENGINEERING 07-10-06 11:18 Pg: 6/17 V CO U1 Fralerick County and/or the Conmwweakh of Virginia. Prior to the revocation notice office home by Cantor, Grantor shall provide the Foundation with notice of the activities that are being observed in violation of the terms of the HcMe, and, slha 1 pamk tin Fotmdatkm a period of Sftan (15) calGV& r days in which to =vdiate and cure the stated viobtion, in the event the Foundation does not timely reuedials and cure the violation, or in the event the same violation occurs again. than Chador shall have fie 421t to terminate and revoke the license for the remainder of that current anneal period. Grantor agrecs it cannot act arbitrarily m revoking the license and that Grantor shall not revoke the ticenso as 1=9 as the teams of ids get aerein states, are btb* complied wish by the Foundation.. Althougle this casement 10 Bross will benefit the pubtie as described above, nothing berein shall be construed to c ouvesy to do public a right of access to or use of the Property other than w provided heroin. Grantor, gs sueewsors, rope' entatives and assigns, bereby retain exeh five right to such access and use, subject to the corms bereof. 10. ![ncnstrial or commercial activities other than the following are prohibuted: (i,) agricultwEe. vitkWUM aquwuhme. silviculture, b ortwultmM and equine ac:ftVt tea. (ii) tmporarY Or seasonal outdoor aetivltk's which do not pamaneatly abet the physical appearance of the Property, and which we consistent with the conservation vahus beroin prowed, (iii) activities which can be: and in W are conducted within permitted bu0dings without material alteration to the external appearance theroot Temporary outdoor activates iavo'ving 1.00 or more peopfe &IWI not exceed seven (7) days in duration unless approved by the Foundation in advance in writing. 11. For puorposcs of this casement, acceptable agricultural activities s>1aU exchede swore and poukry production other then small-scale production acu ptable to the F000dation and with its prior apPFovaL 11 Grantor and Grantees have documented the historic Mourres, natural characteristics, ecological feahm, and physical and mum -made eouditiom of the Property at the time the eascanvA is granW,in a Baselive Documentation Report, prepared by dw Foundation and signed and acknowledged by Grantor and Grantees, establishing the condition of the Property at the tone of the gout and inr<bxWg reports, maps, p wtographs, and other dbocrm manna. Grantees may use else $ase:fne cjoaenrei8 edbtciu8 provisions of this casement. 3 3. Repratatives of Lu Grantees may cater the Property from time to time for pwposes of b4mc iou and enNvement of the teams of this easont aft permission from or reasonable notice to tho owner or the owner's repentative. 14. The Grantor, its leeks, successors, personal representatives, and assigns, shall notify the Foundation in writing sbtly (60) days prior to any transfer or sak of the Property or any part thereof In any dbedl conveying all or any part of the Property. this easement shall be relteneed by Dodd Book and Page Number. 15, When the approval of either party is required herein, in all cases such approval shall, not be unreasonably withheld, conditioned, or delayed Ifno response has been provided within thirty (30) days o f the request, then the party rrWdog such request may proceed as though approval had been granted. it being agreed that a failure to respond shall be deemed to be approval of the regoest. 16. The Grants shall not seek to enforce this casement in the case of its breach by the C3rmM, by appropriate legal proceedings. until after having provided the Grantor with prior writtan notice and a description offlie aakgei: violation or lxvac, and providbg Grantor wkb at least one lzundb+od Maly Fax sent by : 5407229528 GREENWAY ENGINEERING 07-10-06 11:18 Pg: 7/17 Printed do 07472006 By GREENWAY M01TWER1175 11, O v c, Cn (120) calendar days within which to ourc and. remedy the AlWd viohrtion or broach bofote such (31" o seeks such relief to eaforoe this emn m. �. succxssora, and assigns, all rights wading tom their 17. Grantor reserves to itself and its repres or invite othacs to engage in all uses ownership of the Property, in+oluding die rW to aVV is or pemut of the Property that are not ofwwise expressly pr oWAed or restricted heron. and M inoonsistent with the stated purposes of this easemoat. T ie Grantor hereby agues that the Weerm=, covenants, wd a aftd m this Deed of Easement are not oovtn M personal to the Orautor, but art covemm" rtening with de land tbad comprises the Property, which are and i.' all be binding upon the Grantor, and its successors and assign 5a interest and title. As evidenced iy f uir respective sigwtrm'as affixed halo. Grantor and Cluntees agift to be bound aad to abide by the terms and provisions herein provided, and Grantees accept the capmem bamin described and granted by Grantor subject to such t+ernzs and oonditloos. WITNESS the following signatures and seals. STEPHENSON ASSOCIATES, L.C. COMMONWEALTH OF VIRGIMA ) �t l ) ss: CRYICOUNTY OF 1 HEREBY CERTIFY that on /ref _t 4 2005, baton M a NQtmy Public of the. jurisdiction afioremaA persorm ly appeat'ed 1 Donald. Shodwy, Jr., lamm to me (or satisfactorily proven) to be the person whose tome is suloahed to the within instrumem, who acimowlodged that he exemwd the saoaae for the purposes therein comtaiaed in his oTwW and authoriacd capacdy as Manager of STEPHENSCFS ASSOCIATES, L.C., a Vil &ia limited l ability companY (dw "Company-), and that he, as such officer of the Company, b*g authorized so to do, enecuted tha foregoing imsvument for the purposes thaein oomained by signkg the name ordw ConopanY. WITNESS my hand and Notarial Seal *pir+es:�vaa �> o Fax sent by : 5407229528 printed d o o7VM06 By GREEN GREENWAY ENGINEERING e7-1e-66 11:18 Pg: 8/17 Q .,l CO ..J Accepted: COMMONWEALTH OF VIRGINIA, 9?37ARTMLI4T OF CONSERVATION AND RECREATION 13y: (SEAL) Joseph H. Maroon, Director COMMONWEALTH OF VIRGINIA ) ss: CITY/COUNTY OF dA�—�Lj T I HEREBY CERTIFY that on J 2005, before me, a Notary Public of the jurisdiction aforesaid, perso lly appeared, Russell W. Baxter, acting director for Joseph H. Maroon, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, who ac mowledged that he executed the same for fhe purposes therein contained in his official and authorized capacity as Director of the VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION (the "Department'), and that he, as such officer of the Department, Iniag authorized so to do, executed the foregoing instrument for the purposes therein contained on behalf of the Department. WITNESS my hand and Notarial Seal. IL N(fty Public. My Commission Expires: 4 40 Approved as to form; '"'boil. Special Assistant Attorney General Fax sent by : 5407229520 GREENWAY ENGINEERING 07-10-06 11:18 Pg: 9/17 DEEP - Printed Cfi 07rU7/2006 By GREENWAY ENr+%lOEZ:7TM fl1 I'. Accepted SHENANDOAH VALLEY BATTLEFIELDS FOUNDATKN By:(SEAL) �� xow I Kitten, 74� � COMMONWEALTH OF VIRGIM ) �I=TY/COUNTY OF I HEREBY CBRTIFY that on / �l o�� 2005, before me, a Notary Public of the: edOu a&rya Howard J. Kitte�k. ltaaawn to me (or satisfacsorny proven) to be the person whose nam is subsmlW to the within insU men 4 wbo acknowledged that be executes} the same for the purposes therein conmbwd in his of j and sued capacity as Executive Dkvctor of SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION, a Virginia non stock corporation (tbe ,To ion), and that be, as such officer of the Fooncation, being authorized so to do, a wted the foregoing instrwnoat for the purposes therein contained by sigma the narr►e of the Fow4Wion. WITNESS my hand and Notarial SM1 Notary ublic It My, Ca=pission 3xpireS: r• ` ` p / % /rr r�lllr l,4 .. ��,, Fax sent by : 5407229528 GREEMWAY ENGINEERING 07-10-06 11:19 Pg: 10/17 Printed On 07,0M0 i�tT A — PA C- T i o'c-w CO OLD GHARLM TOM ROAD ._, VA ROUTE 761 VARIABLE *VM &4V C:) DB 432 PG 366 & DB 4M PG 59 1.0 L6 I SEE DETAIL L4 SHEU 2 c3 { w L3 �i C2 L2 L19 '' ., :. h T.Al. 44-A-30 EMAMA71EL NST No, 020018966 SEE WILL BOOK 9 PG 220 500 0 500 GRAPHIC SCALE ON F) ,Pj-: .92.0667 ACM T.N. 44-,A-29 JU09H A(c0A N S &PIER INST. Ala 020000469 NOM SEE MaT 2 FOR LIME DATA. CURv!_ MA AND A107M EASEMENT PLAT - SHONNG A PROPOSED CONSERMOV E45MENT OVER THE LAND OF TH S TEQHENS©N A SSOCIA TES, L.:. STONEWALL NAArSIERNL DLSIRlCT, FR1�ERiocK COUNTY; MGM RTC- HARD A. ®ENS ;:;► 11 SCALE: i" m 500' DATE: FEBRUARY 26, 2006 No.002550 4J, GREENWAY ENGIKEZA NG 4-7.0s 151 Windy MR Lane Engineers Winchester, PIrglnia 22602 Sulk, I SuFveyors Telephone: (S40) 662-4185 FAX (S40) 722-9528 ` Founded in 1971 www.greenwa)ww.com ` 2780 SHEET 1 OF 2 Fax sent by : 5407229520 'Anted do 0747/2006 By GREENWA Y ElluilGMA}Pu'w GREENWAY EMGIMEERIMG 07-10-06 11:19 Pg: 11/17 6:r,W6tT A RXr- I- or,'t i /AIF n a TA F'A SFMFNT LINE DATA LINE BEARING DtSTANC L 1 N 25'39 O1' E 163..ig L2 N 25'02 13' £ 937 L3 N 2J J8 42 0 E 32,79 L4 N 2359 2B E 179, 40 L5 S 6435'08 E 20.00 L6 N 31'0732 E =50' L7 N 2524 54' E 50,00, L8 N 21'36 03 E 75.11 L9 N 27'03'05" M07 00 N 5728 28 E 48•68 01 S 84' 10 34 E 128.58' L 12 N 85'05 00 E IJI 10 L 13 N 83'59 52 E 75.92 L 14 S 33'34 15 W 117.39 L 15 S 2O 10 W V 0.00 L 16 S 21'3102 W 561.64 L 17 S 21'39'37' W JX59' L 18 S 20'Z r05' W 659.32' L 19 N 25'5701 E 114.87 L20 N 64'02'59' W 174.36' LINE HEARIN9G I D ANTE El I S 02'28 42 W 434.11 S�jgSr�Z��1 �S7' A, T66' DETAIL SCAL.E.. I 150' = DES TO *W ROAD 01 MOTES THE 8OUNDARY INFORN4WN SHOWN HEREON HAS BEEN PREPARED FROM AVAM&E REMW AND DOES NOT REPRESENT A BiOUNLavY SURVEY OF 7HE TRACT OR ANY PORTIAN OF THE BOLWaVY LINEI NO T77LE RVWr FURNISHED. E4sEwM MAY EXIST WHICH ARE NOT SHOWN. THE DOT-SI,GODED AREA SHOWN HEREON DENOTES A PROPOSED CONSERVA70V EAMM COKAlI1i<NG 47.7&M Aws, 7o BE ESTA OVER A PORTION OF TAX PARCEL 44-A-31 AS WAKWO BY FW4L PLOT FOR 80MARY LNvE ADJUSTlWiNT DATED JUNE 24 2004 OF REMV ANONG 7W LAND RECORDS OF FROER/CK CDUNIY, V/RGM AS INSfRt%,ENr NO. o40011938 AND FINT14M SEW A POR77ON OF THE LAND COMM 70 S7E3HEN50N ASSO MS, L.C. BY DEED D47ED UARCH 19, 2003 OF RECORD AAI'ONG SAID LAND RECORD AS INSTR MINT AV 03000S76& aV&rat:n. AM/ 7. AX EASEMENT PLAT SHOWING A PROPOSED CONSDRt/ ION Ei427 Off OVER THE L*0 OF S TEPf �ENSON A SSOCIA TES, L. C. SMEW U U407UM D►►STR . FREDERXW GAO Wrl, WR" SCALE: VA DATE: FEBRUARY 28, 2006 GREENWAY ENGINEERING 151 Windy HIl! Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662.4185 FAX (540) 722.9528 Founded in 1971 www.greenwaywg com NTH 6; -d;"Av . . RICHARD A. EDENS a No.002550 4-r-os�yo� 2760 SHLW 2 OF 8 Fax sent by : 54072295ZO Printed On 07R)7.1006 By GREENWAY L[WUJ14EEKUY1J 11 GREENWAY ENGINEERING 87-16-66 11:19 Pg: 12/17 O (S)VmeCf A - AR- S * The accompanying plat entitled "Easement Plat Showing a Proposed Conservation Easement Over the Land of Stephenson Associates, L.C." and dated February 28, 2005 represents an easement plat intended for use in establishing such easement over a portion of Tax Parcel 44-A=31 as established by Final Plat for Boundary Line Adjustment dated June 23, 2004 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 04001193 8, being a portion of the land conveyed to Stephenson Associates, L.C. by deed dated Marcbi 19, 2003 of record in said Clerk's office as Instrument No, 030005766, The said easement area fronts the southeastern boundary of Milburn Road (Va. Route 662) a short distance southwest of the intersection with Old Charles Town Road (Va. Route 761) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes & bounds as follows: Proposed Conservation Easement Over T.M. 44-A-31 Beginning at a point in the southeastern boundary of Milburn Road (Va. Route 662), said point being located 156.62' southwesterly along the southeastern boundary of Milburn Road from its intersection with the southern boundary of Old Charles Town Road (Va. Secondary Route 761), comer to 'the portion of the land of Stephenson Associates, L.C. unencumbered by the subject easement; thence along new easement lines through the land of Stephenson Associates for the following four courses: 155.44' along the arc of a curve to the left, having a radius of 1,315.92' and a chord bearing S 79033112" E for a distance of 155.35', to a point; thence S 02028-42" W - 434.11' to the point of curvature of a curve to the left; thence 955,48' along the arc of said curve, having a radius of 880.00' and a chord bearing S 28037137" E for a distance of 909.231, to a point; thence S 15010'21" W-1,462.79' to a point in a line of Judith McCann Slaughter and in the southwestern boundary of the subject tract; thence with Slaughter and along the southwestern boundary of the subject tract N 63053'23" W-1,149,17' to a point in a line of Emmanuel United Methodist Church (Milbum Cemetery); thence with said Church and continuing with the southwestern boundary of the subject tract for the following two courses: N 25057101" E-114.87' to a point; thence N 640'02'59" W-174.36, to a point in the center of Milburn Road (Va. Route 662) and in the northwestern boundary of the subject tract; thence with the center of said road and along the northwestern boundary of the subject tract for the following seven courses: N 25039101" E-163.35' to the point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing N 25020137" E for a distance of 200.00', to the point of tangency; thence N 25002113" E - 937.80' to the point of curvature of a curve to the left; thence I"."' along the arc of said curve, having a radius of 8,233.72' and a chord bearing N 24020128" E for a distance of 199.99', to the point of tangency; thence N 23038142" E - 32.79' to the point of curvature of a curve to the right; thence 200.00' along the are of said curve, having a radius of 33,188.12' and a chord bearing N 23°49104" E for a distance of 200.001, to the point of tangency; thence N 23059'26" E-179.40' to a point in the center of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right -of --way and continuing along the northwestern boundary of the subject at File 2760 Sheet 1 of 2 Fax sent by : 5407229528 GREENWAY ENGINEERING 07-10-06 11:19 Pg: 13/17 Printed Qn 07r07/2006 By GREENWAY EMGMUFRM"� S 64035106" E - 20.00' to a point in the southeastern boundary of Milburn Road (Va. Route 662) e southwestern terminus of the dedicated right-of-way; thence with the sout mtem bow' of `M bur° Road and continuing with the northwestern bouncaq of the subject tract for the following foie cowses; N 3100T32" E-100.50, to a point; thence N 25024.'54!' 6 - 50.00' to a point; thence N 21036'03" E - 75.17' to a point; thence N 2700310511 E -- 67.13' to the beginning. Containing Prepared Revised 47.796 Acres. ................................................. Febram 28, 2005. ............................................. AprU 7, 2003. BARD A. =6 No.002550 00 File 2760 Sheet 2 of 2 Fax sent by : 5407229528 GREENWAY ENGINEERING 87-1e-96 11:19 Pg: 14/17 M D1 jBff B O �j with BrookSicld WWbkPn+ L.L.C• in that oettain um�a='W Real Bst�e p` su8nt to ib er I3, 2ooa, as a nd and rOvWW by F� to RAW1 Bstm Purchase Contract dated Sapt� 30, 2004, and by Seooad A&ku& m to Real Estate Purchase purcbssa Contract dated a �e September Contrad dated effective octolber 15, 2004 (colladivaly� the _BWO,&dd ftvPcrY. C��' fly � t Washington, L.L.C. sbA leave the %ibwiug nights to following rights to use the PropeitY licenses and rWft of way f Dt at�t M 93ft m 1. Gcaataa' reservcs the right to dedicate , land sold or to be sold to Brook6old otbcrwise ueoessarY for tlae c'e"bPntout of the z bor ofway sad BmI aha11 Wasbk000, L.L.C., its mors and assigns. Such d. way md maintain a, roads. ub7ity also include easemonts reasonablY nacesmary to iota% repair Iease ate. utility IclYitm serving such land, gdion 2. Orataor transfers no right m the 1'�+op�Y to t3r�ontets that would � go � otbac than i6e or prrmdt any action which wowc� inhere wig the devebC., its successors and asei�ts• property sold or to be sold to DmkScld Washington, Fax sent by : 5407229528 �riTibT/D%12006 By GREEN GREENWAY ENGINEERING Crf."a G^ PAoe t uf�2 e7-16-66 11:2e Pg: 15/17 W " QMRLW TOWN ROAD . Da 4324 2 PG 366 PC 58 L9 ?rA ar v - PI0 � � s C2 0.7366 ACRE SgE DETAA ShE T 2 TAX PARCEL 92.0667 AMa (rOT .: L16 7536 Ag7E5;: '�3 17 : L 19 ,ry :../ , >>49 • Xf-) L 18 M. 44 A-30 �' T. MEWDIST CHUMH (AlUP.4 N CEAVERY)_ '99• Q2. 1NST No. 020018966 SEE WILL BOOK 9 PG 220 TM. 44—A-29 JUD17H M"N SLAUGHTER INST. No. 020000469. NOTE 500 0 500 S£E 5YT 2 MR LINE WA, CURVE L14TA AND NOTM GRAPHIC SCALE RQM. ASK 7 2005 EXHIBIT B p�\tt,� REVOC48LE PU&X ACCESS LICENSE' AREA OM THE LAND OAFSTEPh�ENSON ASS;0Ql TES, L..C. �'�� SMEWALL ALaC'TERIAL D SMff,, nREDiEFtIW COMM WROM� ► r (rRICIHARD A. EDENS t- " i SCALE: 1' = 5Q0' DATE: F`EBRUARY 28, 2005 No.002550 ?+ 33EINKV INGINE-IMING 17' 4-7-0-3 �. i 151 Windy Ifig Lane Engineers W=hwiez, W ''md 22602 * 3UR� P Surveyors Telephone: (540) 662-4185 ; 'I FAX. (540) 722-9528 I Founded in 1971 www.greenwayeng com 2780 SHEET 1 OF 2 Pr7►s1 Fax sent by : 5407229528 GREENWAY ENGINEERING 87-1e—e6 11:28 Pg: 16/17 C�C4ii61?' CURVE DATA o CURVE RADIUS ARC UN TH : DElE T�-A� �1%r--CHOOIRD tom- L5 DETIA SCALE- I"-- 150 LIVE DATA ao OHARLM TOWN ROAD o� 1PUBLIC ACCM ARM v �O fC1 O7366 ACRE i NO ....... 7HE SOUVaW INfi7R14VION SHOWN HEREON HAS BM PREPARED FRON AVAILABLE RECORDS AND DOES NOT WRESW A BOLWDW SURVEY OF INE 7RACT OR ANY POR77ON OF THE BOUNMRY L#gM NO TITLE R66W FURNISHED. FAS£ME7VIS MAY DW IM C HH ARE NOT SHOWN. THE DOT -SHADED AREA SHOWN HEREON DENOTES A PROPOSED CONSERVATION WaW CONTAN" 47.7536 ACRES TO BE ESTABL WO OVER A PORTION OF TAX PARCEL 44- A -31 AS MABLIS C BY FlNAI. PUT FOR BOUNAW LINE ADt/U MINT MTED JUKE 24 2004 OF MOW AiWW THE LAND RMORDS OF FREDEWK COUNTY, VIRG/NU AS INSTRUMENT NO 040011938 AND FURTHER BEING A POIR77ON OF THE LAND CONVEYED TO S07HOJJWN AMCATES, LC. BY DEED MTED MARCH 19, 2003 OF REWM AMONG SAID LAND RECOV?O AS INSTRUMENT NO 030005766 THE CROSS-WCHE'D AREA SHOWN HEREON DEN07ES AN ADOfIIOI104 PROPOSED REVOG4BLE PU&JC ACCESS LICENSE AREA CONTAINING a7J66 ACRE: LYING WITHIN 77E AFWASW PROPOSED C0/1fS1E MTOV EASWEK,, TO BE ESTABUSHED OVER A PORTION OF THE ABOVE QED TAX PARCEL 44 A-3/. RiEV SM AM 7, 2005 Or' T I RICHARD A. EDENS ;!;' SCAM: NIA DATE: FEBRUARY 28, 2005 1 N0.002550 �I' I GIES.-IWAl.f I s S N IA A.A� , 151 Windy Hill Lane Engineers Winchester, Vuginia 22602 -'1J SUS Suhvyvrs Telephone: (540) 662-4185 i FAX (540) 722-9528 Founded in 1971 wwwgmenwayeng.com 2760 SHEET 2 OF 2Ll I REVUG4ffE PUBLIC ACCESS LICENSE AREA OVER THE LAND OF S T PI-ENSON A SSOCNI TES, L.C. STONEY U l,M6GISnRk DISMr,, FRMRlCK COUM ,, WRQW Fax sent by : 5407229528 GREENWAY ENGINEERING 87-10-06 11:28 Pg: 17/17 ;'timed Oh 07i07/I006 BY GREENWAY OVG7MMrPVG'M a m V1RGINM PIi',..TiMI ."�; CY)UNTY. SCI% This itr= ment of wridug wa prodi=d to me Oct and wilb eorti8cate of aLknowledgment thereto annexed was admitted to record. T ►►nlxmcd by Sec. S8.1-802 of $ . aad 53.1-801 have been paid, if asaessabia %� • Cleric flu COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 29, 2006 Greenway Engineering Attention: Jeff Smeraldo 151 Windy Hill Lane Winchester, Virginia 22602 RE: ROW Dedication Plat Brookfield Stephenson Village, LCC: Final Plats 2"d Review Dear Mr. Smeraldo: I have had the opportunity to review the Final Plats for the ROW Dedication Plat Brookfield Stephenson Village, LCC, which was received by this office on September 15. 2006. Please address the following comments: 1. On Sheet 1 of 7, the correct zoning for the parcel is R4. Please adjust The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. If you have any questions, please feel free to call at (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I Enclosure BSS/dlw 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 RIGHT OF WAY DEDICATION PLAT OF THE LAND OF BROOKFIELD S T'EPHENSON VILLAGE, L.L.C. STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA JUNE 1, 2006 f / A 4! tow"1% —T.M. 44—A-1J8A '9RWOOD T.O'ROARK. ET UX T.M. 44—A-292 o 0 DB 5J7 PG 709 STEPHENSON ASSOCIATES, L.C.�z �� INST. No. 0J0005766 N 26'J5019" E �--425.67 TAX PARCEL 44 A 283 BROOKFIELD STEPHENSON VILLAGE, L.L.C. g � S� INST. NO. 04002129J Q LOCATION k,,,_APPROX1MA7E OF NATURAL GAS Z PIPELINE SHENANDOAH z Q GAS CO. EASEMENT Z DB 2J5 PG 269 (UNSPECIFIED WIDTH) I T.M. 44—A-29 UOITH MCCANN SLAUGHf INST. No. 020000469 I 400 0 400 GRAPHIC SCALE (IN FEET) 99 T.M. 44—A—J1A STEPHENSON ASSOCIATES, L.C. INST. NO. 0J0005766 FINAL PLAT FOR RIGHT OF WAY DEDICATION OF THE LANDS OF BROOKFIELD STEPHENSON VILLAGE, L.L.C. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGIN/A SCALE: 1" = 400' DATE: JUNE 1, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com S 76.49'53 "E 689.02 L�1 �NLTH Off''I D) CA r�,;�3 l MARK D. SMITH No.002009 %�2 supvi_y 2760E SHEET 2 OF 7 TAX PARCEL 44—A-29J LESS RIGHT OF WAY DEDICATION RESIDUE OF TAX PARCEL 44 A-29J NOTES = 212.9984 ACRES _—11.4226 ACRES = 201.5758 ACRES THE LAND CONTAINED IN THIS RIGHT OF WAY DEDICATION IS A PORTION OF THE LAND CONVEYED TO BROOKFIELD STEPHENSON VILLAGE, L.L.C. BY DEED DATED OCTOBER 15, 2004 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN INSTRUMENT 104002129J. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. SEE SHEETS 4-7 FOR METES AND BOUNDS DESCRIPTIONS OF THE PARCELS AS ADJUSTED HEREIN. THE PORTION OF THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.FLP. FLOOD INSUR4NCE RATE MAP No. 510061 01..10 B, DATED JULY 17, 1978. LEGEND RIV _ RIGHT OF WAY POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION. Q1 DENOTES CORNER NUMBER AS USED IN METES & BOUNDS DESCRIPTION FINAL PLAT FOR RIGHT OF .WAY DEDICATION OF THE LAi DS OF BROOKFIELD S TEPHEA1 S0N VILLAGE, L.L.C. STONEWALL MAGISTERIAL DISTRICT,` FREDERICK COUNTY, VIRGIN14 SCALE: N/A DATE: JUNE .1, 2006 GREEN AY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com H rZ�n 0�� r MARK D. SMITH _ No.002009 2760B SHEET 3 OF 7 METES AND BOUNDS DESCRIPTION The accompanying plats represent) a right of way dedication to the Commonwealth of Virginia for public road purposes of a portion of the parcel of land conveyed to Brookfield Stephenson Village, L.L.C. by deed dated October 15, 2004 of record in said Clerk's Office as Instrument No 040021293 known as "Adjusted Tax Parcel 44-A-293", as established by Final Plat for Boundary Line Adjustment dated June 23, 2004 of record in said Clerk's Office as Instrument No. 040011938. The said land is situated near the community of Stephenson, lying south of Old Charles Town Road (Va. Secondary Route 761), east of Milburn Road (Va. Secondary Route 662) and southwest of Jordan Springs Road (Va. Secondary Route 664) in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: RIGHT-OF-WAY DEDICATION Beginning at (1) a'/2" iron rebar & cap set in a common line between Stephenson Associates, L.C. (T.M. 44-A-31) and Stephenson Associates, L.C. (T.M. 44-A-293), and lying N 26°35'10" E — 34.93' from a 1/2", iron rebar & cap found, corner to Stephenson Associates, L.C. (T.M. 44-A-31): thence with same for the following course N 26035'10" E—160.47' to (2) a 1/2" iron rebar & cap set, corner to said Stephenson Associates, L.C. (T.M. 44-A-31); thence through said T.M. 44-A-293 for the following courses, With a non -tangent curve to the left, 44.72' along the are of said curve, having a radius of 45.00' and a chord bearing N 54°06'02" E for a distance of 42.90', to (3) a 1/2" iron rebar & cap set at the end of said curve; thence N 25037'49" E—11.04' to (4) a 1/2" iron rebar & cap set; thence S 64022'11" E — 56.00' to (5) a 1/2" iron rebar & cap set; thence S 25037'49" W—10.00' to (6) a 1/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 70.69' along the arc of said curve, having a radius of 45.00' and a chord bearing S 19°22'11" E for a distance of 63.64', to (7) a 1/2" iron rebar & cap set at the end of said curve; thence S 64022'11" E—196.00' to (8) a'/2" iron rebar & cap set; thence S 59047'45" E—150.48' to (9) a 1/2" iron rebar & cap set; thence S 64022'11" E — 385.52' to (10) a'/2" iron rebar & cap set; thence S 78024'21" E — 49.88' to (11) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 59.66' along the arc of said curve, having a radius of 45.00' and a chord bearing N 63°36'44" E for a distance of 55.39', to (12) a 1/2" iron rebar & cap set at the end of said curve; thence N 25037'49" E — 8.72' to (13) a 1/2" iron rebar & cap set; thence S 64022'11" E — 58.00' to (14) a 1/2" iron rebar & cap set; thence S 25037'49" W — 8.82' to (15) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 70.69' along the arc of said curve, having a radius of 45.00' and a chord bearing S 19°22'11" E for a distance of 63.64, to (16) a 1/2" iron rebar & cap set at the end of said curve, and the point of curvature of a non -tangent curve to the right; thence 199.39' along the arc of said curve, having a radius of 1146.15' and a chord bearing S 54°37'59" E for a distance of 199.131, to (17) a'/2" iron rebar & cap set at the end of said curve; thence File 2760 B Sheet 4 of 7 S 38051'20" E — 79.67' to (19) a'/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the right; thence 487.85' along the arc of said curve, having a radius of 1055.00' and a chord bearing S 27°48'28" E for a distance of 483.51', to (20) a 1/2" iron rebar & cap set at the end of said curve; thence S 27008'00" E — 51.39' to (21) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 59.44' along the arc of said curve, having a radius of 45.00' and a chord bearing S 63°12'54" E for a distance of 55.22, to (22) a 1/2" iron rebar & cap set at the end of said curve S 11003'31" E — 56.00' to (23) a 1/2" iron rebar & cap set; thence S 78056'29" W — 3.32' to (24) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 65.84' along the arc of said curve, having a radius of 45.00' and a chord bearing S 37'01'42" W for a distance of 60.12', to (25) a 1/2" iron rebar & cap set at the end of said curve, and the point of curvature of a tangent curve to the right; thence 204.04' along the arc of said curve, having a radius of 1069.00' and a chord bearing S 00°35'01" W for a distance of 203.73', to (26) a 1/2" iron rebar & cap set at the end of said curve, and the point of curvature of a non -tangent curve to the right; thence S 12028'09" W — 80.16' to (27) a 1/2" iron rebar & cap set; thence S 16038'41" W — 78.21' to (28) a 1/2" iron rebar & cap set; thence S 13010'07" W—158.50' to (29) a 1/2" iron rebar & cap set; thence S 00054'22" E — 47.96' to (30) a 1/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 58.14' along the arc of said curve, having a radius of 45.00' and a chord bearing S 37°55'16" E for a distance of 54.14', to (31) a 1/2" iron rebar & cap set at the end of said curve; thence S 74056'11" E — 7.38' to (32) a 1/2" iron rebar & cap set; thence S 15003'49" W — 82.00' to (33) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 72.17' along the arc of said curve, having a radius of 45.00' and a chord bearing S 59°06'58" W for a distance of 64.68', to (34) a'/2" iron rebar & cap set at the end of said curve; thence S 13010'07" W—193.76' to (35) a 1/2" iron rebar & cap set; thence S 18029'55" W—150.71' to (36) a 1/2" iron rebar & cap set; thence S 13010'07" W — passing a 1/2" iron rebar & cap found at 585.65', corner to Stephenson Associates, L.C. (T.M. 44-A-31A) and continuing with same for 204.93' for a total of 790.58' to (37) a 1/2" iron rebar & cap set; thence with said T.M. 44-A-31A for the following courses S 08035'41" W — 25.08' to (38) a 1/2" iron rebar & cap set; thence S 13010'07" W—119.58' to (39) a 1/2" iron rebar & cap set; thence N 76049'53" W—112.00' to (40) a 1/2" iron rebar & cap set; thence N 13010'07" E — 34.58' to (41) a 1/2" iron rebar & cap set; thence File 2760 B Sheet 5 of 7 File 2760 B Sheet 5 of 7 N 08035'41" E — 25.08' to (42) a 1/2" iron rebar & cap set; thence N 13010'07" E — 85.00' to (43) a'/2" iron rebar & cap set; thence N.17°44'33" E — 25.08' to (44) a 1/2" iron rebar & cap set; thence N 13010'07" E—160.77' to (45) a 1/2" iron rebar & cap set; thence N 06018'58" E—100.58' to (46) a'/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 66.54' along the arc of said curve, having a radius of 45.00' and a chord bearing N 34°28'20" W for a distance of 60.64', to (47) a 1/2" iron rebar & cap set at the end of said curve; thence N 12°56'59" E — 50.00' to (48) a 1/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 70.69' along the arc of said curve, having a radius of 45.00' and a chord bearing N 58°10'07" E for a distance of 63.64', to (49) a 1/2" iron rebar & cap set at the end of said curve; thence N 13010'07" E — 95.44' to (50) a'/2" iron rebar & cap set; thence N 17044'33" E—150.48' to (51) a 1/2" iron rebar & cap set; thence N 13010'07" E - 333.07' to (52) a 1/2" iron rebar & cap set; thence N 08035'41" E — 25.08' to (53) a 1/2" iron rebar & cap set; thence N 13010'07" E — 75.00' to (54) a 1/2" iron rebar & cap set; thence N 17044'33" E — 25.08' to (55) a 1/2" iron rebar & cap set; thence N 13010'07" E — 275.00' to (56) a 1/2" iron rebar & cap set; thence N 08035'41" E — 25.08' to (57) a 1/2" iron rebar & cap set; thence N 13°10'07" E — passing a 1/2" iron rebar & cap found at 70.37', corner to Stephenson Associates, L.C. (T.M. 44-A-293), and continuing with same 31.03' for a total of 101.40' to (58) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence with said T.M. 44-A-293 for the following courses 163.70' along the arc of said curve, having a radius of 943.00' and a chord bearing N 08°11'43" E for a distance of 163.50', to (59) a 1/2" iron rebar & cap set at the end of said curve; thence N 07"20'59" E — 23.68' to (60) a'/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 70.88' along the arc of said curve, having a radius of 945.00' and a chord bearing N 00°21'32" W for a distance of 70.86', to (61) a 1/2" iron rebar & cap set at the end of said curve; thence N 08004'02" W — 23.68' to (62) a 1/2" iron rebar & cap set at the point of curvature of a non -tangent curve to the left; thence 117.88' along the arc of said curve, having a radius of 943.00' and a chord bearing N 07°31'15" W for a distance of 117.80', to (63) a 1/2" iron rebar & cap set at the end of said curve; thence N 06058'27" W — 23.68' to (64) a 1/2" iron rebar & cap set at the point of curvature of a non t �( curve to the left; thence F lJ File 2760 B Sheet 6 of 7 739.37' along the arc of said curve, having a radius of 945.00' and a chord bearing N 34°56'54" W for a distance of 720.66', to (65) a 1/2" iron rebar & cap set at the end of said curve; thence N 72059'16" W — 47.70' to (66) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 63.92' along the are of said curve, having a radius of 45.00' and a chord bearing S 66°19'17" W for a distance of 58.68', to (67) a 1/2" iron rebar & cap set at the end of said curve; thence S 25037'49" W — 9.30' to (68) a 1//" iron rebar & cap set; thence N 64022'11" W — 58.00' to (69) a 1/2" iron rebar.& cap set; thence N 25°37'49" E—11.00' to (70) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 70.69' along the are of said curve, having a radius of 45.00' and a chord bearing N 19°22'11" W for a distance of 63.64', to (71) a 1/2" iron rebar & cap set at the end of said curve; thence N 64022'27" W-188.06' to (72) a 1/2" iron rebar & cap set; thence N 5904745" W—150.68' to (73..) a 1/2" iron rebar & cap set; thence N 64022'11" W — 3.48.84' to (74) a 1/2" iron rebar & cap set at the point of curvature of a tangent curve to the left; thence 209.37' along the arc of said curve, having a radius of 675.00' and a chord bearing N 73°15'21" W for a distance of 208.53, to (1) the beginning. Containing...........................................................................I.............................. 11.4226 Acres. File 2760 B Sheet 7 of 7 �- GREENWAY ENGINEERING 151 Windy Hill Lane SEP' 1 5 2006 Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Stephenson Associates, LC & Brookfield Stephenson Village, LLC File No: 2760B Date: Fri, Sep 15, 2006 To: Frederick Co Plannine Zoning 107 North Kent Street Winchester, VA 22601 Attn: Mr. Mark Cheran Copied Delivery: Fed Ex Other_ ❑ U.S. Mail From: Jeff Smeraldo� GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 r Courier EJ Pick Up r] Urgent rV7 For Your Review ❑ As You Requested rv7 Please Comment Message Enclosed please find the following: (1) DRAFT COPY: Right of Way Dedication Plat of the Land of Stephenson Associates, LC, Frederick County, VA (dated 04-08-2006) Sheets 1-3 (1) DRAFT COPY: Right of Way Dedication Plat of the Land of Brookfield Stephenson Village, LLC, Frederick County, VA (dated 06-01-2006) Sheets 1-7 Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: S �p1 rs 'V.11 COUNTY of FREDERICK August 15, 2006 Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. Kurt Pennington AUG 1 6 2006 Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Snowden Bridge Boulevard Frederick County, Virginia Dear Kurt: Upon review of the revised plan dated May 4, 2006, all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCONINIENTS\SNOWDENBRIDGESUBLVDREVCONI.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 August 15, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Snowden Bridge Section 1 Frederick County, Virginia Dear Kurt: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 AUG 1 6 2006 Upon review of the revised subdivision plan dated June 15, 2006, all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. Sincerely, i/ rprl Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOil9iNIENTS\SNOWDENBRIDGESECIrevCOM.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 r W COUNf fK(Q?Y]K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 29, 2006 Greenway Engineering Attention: Jeff Smeraldo 151 Windy Hill Lane Winchester, Virginia 22602 RE: ROW Dedication Plat Stephenson Associates, LC: Final Plats 2"d Review Dear Mr. Smeraldo: I have had the opportunity to review the Final Plats for the ROW Dedication Plat Stephenson Associates, LC, which was received by this office on September 15, 2006. Please address the following comments: 1. On Sheet 2 of 3, TM 44-A-293 is zoned R4. Please adjust. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. If you have any questions, please feel free to call at (540) 665-5651. Sincerely, Bernard S. Suchicital Planner I Enclosure BSS/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 3 o r 100- C Y of FREDERICK � Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 19, 2007 Greenway Engineering Attention: Mark Smith 151 Windy Hill Lane Winchester, VA 22602 RE: Revised Master Development Plan Review Comments: Snowden Bridge Property Identification Numbers (PINS): 44-A-31A, 292, and 293 Dear Mr. Smith: .Please adequately address each of the comments listed below prior to formal submission of the revised master development plan referenced above. Preliminary Review Comments: 1. On Sheet 1 of 19, place a notation to indicate changes will affect Land Bay IIIA Part A only. 2. On Sheet 4 of 19, amend the last Land Bay Breakdown Narrative. As per a telephone discussion, the affordable housing units will not be located within Section 11. 3. On Sheet 4 of 19, retype the Land Bay table. 4. On Sheet 6 of 19, insert "to date" to the titles of tables 1-7. 5. On Sheet 6 of 19, according to Rezoning #06-03 — modification 41, 594 acres are identified to be utilized for residential land use within Stephenson Village (Snowden Bridge). Please include this note. Also, the rezoning proffered a maximum of 356.4 acres (60%) as a total for "Other Unit Types" within the same table. Please correct. 6. On Sheet 6 of 19, include the following note for Table 4: "Modification #4 — The value of one recreational unit shall be equivalent to the value of one recreational tot lot unit described in Section 165-64B(l) of the Frederick County Zoning Ordinance." 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Mark Smith Re: Snowden Bridge MDP March 19, 2007 Page 2 7. On Sheet 6 of 19, insert a new column for the Exhibit E table, identifying in which land bay each housing unit is allowed to be located. Please address the identified corrections as highlighted on the MDP for this table. 8. On Sheet 7 of 19, the 20 foot linear park trail easement is too vaguely marked. Please bold this out. 9. On Sheet 10 of 19, on the North Stephenson major collector road typical road cross section, for continuity, insert a five foot grass strip in between the C&G and the major collector road, and provide for a bike lane along both sides of the road. 10. On Sheet 11 of 19, amend the typical road buffer detail by replacing it with a typical that was provided for Section 1 of Snowden Bridge. 11. On Sheet 12 of 19, note that there are no floodplains within the project site of Land Bay IIIA — Part A. 12. On Sheet 13 of 19, move the Pedestrian Trail Detail and neighboring notes over so that the page border does not cross the text. Provide easement information for the Pedestrian Trail System (PTS) onto tax map parcel 44-A-31. Bold the entire length of the PTS. Align the PTS at the Sawtooth Drive crossing. Move the PTS in between Sawtooth and the Boulevard north so that it lies within the MDP project site. Connect the PTS across the Boulevard from Section I and the recreation center site east of the Boulevard. Remove the mention of the PTS into the remainder of Land Bay III (east of Patchwork Drive). 13. On Sheet 13 of 19, identify each street as either a public street or a private street. Sketch all private alley intersections alike. Indicate all planned interparcel connectors. 14. On Sheet 13 of 19, continue Flyfoot Drive north to Land Bay 1 (school site), as shown on the approved MDP. Is the private alley connecting Garret Court and Dutchman Court, east of the Boulevard, a private street? If so, please provide a street name. 15. On Sheet 13 of 19, explain or remove the highlighted bold lines running across the diagram. 16. On Sheet 13 of 19, provide a ten foot buffer detail. Mr. Mark Smith Re: Snowden Bridge MDP March 19, 2007 Page 3 Please ensure that all comments are addressed when revising the MDP. Once all comments have been addressed, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form to this department. Please include updated review comments from the following agencies: Virginia Department of Transportation, and Frederick County Department of Public Works. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Bernard S. Suchicital Planner I B S S/bad cc: Brookfield Washington, LLC, 8500 Executive Park Ave., Ste. 300, Fairfax, VA 22031 NOV 1 5 2006 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 November 13, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 RE: Review Site Plan Comments - S & den.Sales _Office-, Frederick County, Virginia Dear Mr. Pennington Upon review of the subject site plan, we offer the following comments: 1. Provide the Responsible Land Disturber signature block on the plans. 2. Provide a seeding schedule. 3. Provide a narrative per VESCH requirements. 4. Provide an Erosion and Sediment Legend. 5. Provide standard Erosion and Sediment notes — Dave Falkenstein from your office has the most complete set. We will reserve our approval until receipt of the above revisions. Please submit one copy of the revised plans for further review and highlight on the revised plans the changes listed above. Sincerely, Joe C. Wilder Deputy Director JCW/inlr cc: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 Snowden Bridge - Model Home Sales Office / Route 761, Frederick County Page 1 of 1 Mark Cheran From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Tuesday, December 05, 2006 3:41 PM To: 'Kurt D. Pennington' Cc: Ingram, Lloyd; 'Mark Cheran (mcheran@co.frederick.va.us)'; Dove, Ronald Subject: Snowden Bridge - Model Home Sales Office / Route 761, Frederick County We have received your site plan dated September 25, 2006 for the referenced project. Please advise the owner of our approval. Also please provide five (5) sets of approved construction plans with signed seal for VDOT distribution. The appropriate land use permit may now be applied for to cover work within the Route 761 right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, do not hesitate to call. Ronald A. Dove Hwy. Permits & Subdivision Specialist Sr. VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5633 (540) 984-5607 (fax) 12/7/2006 RIGHT OF WAY DEDICATION PLAT OF THE LAND OF STEPHENSON A SSOCIA TES, L. C. STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 8, 2006 OLD CHARLESTOWN 1 p� \ moo. Ftiso INNP *Cl iQO�A �V Qy�P Sl TE VICBVTTY MAP 1 " = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING RIGHT OF WAY DEDICATION OF A PORTION OF THE LAND OF STEPHENSON ASSOCIATES, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. FOR STEPHENSON ASSOCIATES, L.C. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT. THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2006 BY NOTARY PUBLIC MY COMMISSION EXPIRES , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS RIGHT OF WAY DEDICATION IS A PORTION OF THE LAND CONVEYED TO STEPHENSON ASSOCIATES BY DEED DATED MARCH 19, 2003 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN INSTRUMENT #030005766. D � p MARK D. SMITH NOTE.PARENT TAX PARCEL IDENTIFICATION T.M. 44-A-31 44.0934 ACRESt ZONE: RA ' USE. VACANT APPROVALS: OFIr VIRGINIA DEPARTMENT OF TRANSPORTATION DATE�'p,Z,TIi L� FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE MARK D. SMITH No. oo2oos GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 -1 SURv�' Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 2760E SHEET 1 OF 3 Founded in 1971 www.greenwayeng.com �11p V0 v ESt� a�w q� , Np r.M o cNAa Aop�vvIDt PG 58G 00 R�COD 4-4 /,� z z RjAB�E 32 K P 84 ° RF ZDN S3 DROgR � o VSEEP�%R g00 4G/ �5 S 4j`E R9 USE. R s � UX owl L4 L 13t-a 27'• COI / ° RESIDUE v RF I ZO478 ACRES I IRF �:•:\,ems J C7 S IRS 56'38' M L 1 29 tr 0�2.6, C6 4� : HEREBY 8 4285 ,4C -'�_ �• : • ' OF COti1M0 IC� 7,D To THE : • �/RGIMV F- TH c3� ROAD pUR SBL/C T.M. 44 A-29 JUDITH McCANN SLAUGHTER INST. No. 020000469 ZONE • RA USE ARGRI. T.M. 44 A-30 EMMANUEL UNITED METHODIST CHURCH MILBURN CEMETERY) NST No. 020018961 SEE WILL BOOK 9 PG 220 RESIDUE 18.6171 ACRES ZI 1 NOTE.• a 300 0 300 SEE SHEET 3 FOR UNE, CURVE TABLE AND NOTES GRAPHIC SCALE (IN FEET) RIGHT OF WAY DEDICATION PLAT OF THE LAND OF S TEPHENSON A SSOC/A TES, L.C. STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: I' = 300" DATE. APRIL 8, 2006 GREENWAY ENGINEERING .151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com IRF J � .- L9 21 IRF m N nZ.l ' �'pA =a m c (Z) to NO awl y i r r n IRF rn �o N N 63'53'23" 365.82' IRF D MARK S I > No.002009 <1y�o e v��o- S _ UR _ 2760E SHEET 2 OF 3 UNE TABLE NOTES: LINE BEARING DISTANCE L 1 S 77'5322" E 10.11 ' L2 S 29'5337" E 48.89' L3 S 87'4325" E 110.00' L4 N 345735" E 48.80' L5 N 835952" E 84.83' L6 S 3334'15" W 117.39' L7 S 2635'10" W 414.60' L8 S 26'35'10" W 160.47' L9 S 2635'10" W 34.93' L 10 S 21'31 '02" W 561.64' L 11 S 21 '3937" W 376.59' L 12 N 02'28'42 " E 434.10' L 13 N 27'03'05" E 107.94' L 14 N 57'2626" E 34.45' L 15 S 0272842" W 282.50' L 16 S 72-53'01 " E 52. 77' L 17 N 02'2842" E 519.21 H AREA TABULATION IRS = 112" IRON REBAR SET IRF = 112" IRON REBAR FOUND q= CENTERLINE OF PAVEMENT THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TIRE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. TAX PARCEL IDENTIFICATION = 44-A-31 THE PROPERTY SHOWN HEREON IS A PORTION OF THE PROPERTY CONVEYED TO STEPHENSON ASSOCIATES, L.C. BY DEED DATED MARCH 19, 2003 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN INSTRUMENT 10J0005766 EXISTING AREA OF T.M. 44-A-31 = 44.0934 ACRES LESS PORTION DEDICATED AS RIGHT OF WAY = 8.4285 ACRES RESIDUE = 17.0478 ACRES RESIDUE = 18.6171 ACRES ADJUSTED AREA = 44.0934 ACRES CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 05'48'05" 1185.92' 120.08' 60.09' S 80'4725" E 120.03' C2 04'27'35" 1185.92' 92.31 ' 46.18' N 86' 13'40" E 92.29' C3 62' 12'38" 880.00' 955.48' 530.96' N 28'37'37" W 909.24' C4 06'46'04" 1315.92' 1 155.43' 77.81' N 7833'12" W 155.34' C5 59'07' 11 " 695.00' 71712' 394.17' S 27'04'54 " E 685.73' C6 02'04' 16" 745.00' 26.93' 13.47' S 57'40'37" E 26.93' C7 24'32'44" 45.00' 19.28' 9.79' S 85'09'23" E 19.13' C8 07'53'21 " 675.00' 92.94' 46.55' N 86'05' 11 " W 92.87' C9 92'30'34" 805.00-1 1299.75' 841.05' N 43'4635" W 1163.10' RIGHT OF WAY DEDICATION PLAT OF THE LAND OF S TEPHENSON A SSOCIA TES, L. C. STONEWALL MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 8, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com y�� p,LTH pF 1_66 o MARK D. SMITH No.002009 cqo S ._ U R _ 2760B SHEET 3 OF 3 COUNTY of FREDERICK I May 31, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE: Stormwater Management Plan Comments - Snowden Bridge Subdivision Frederick County, Virginia Dear Kurt: Upon review of the s,, bjec;t sto.m water plan; Ur.� offer the following comments: 1. All of the drainage criteria appears to comply with county stormwater regulations. 2. In the sequence for construction of the Snowden Bridge subdivision, the first step shall be installation of the proposed stormwater facility. It is imperative that the dam is designed, permitted and constructed for the site as soon as possible. Because this is a large facility that could impact downstream properties in the event of structural failure, it is possible that a permit may be required from the Virginia Department of Conservation and Recreation's Dam Safety and Floodplain Management division. 3. We reiterate that geotechnical and structural engineering reports for the facility shall be .submitted to this office for review and approval prior to issuance of a land disturbance permit for the subdivision. 4. It will be necessary to obtain a building permit for this structure. Please check with the building official to determine the necessary requirements for application and issuance of a building permit for the subject structure. 107 North Kent Street • Winchester, Virginia 22601-5000 Snowden Bridge Stormwater Management Plan Comments JUN 2 M6 Page 2 May 31, 2006 Therefore, we recommend approval of the subject stormwater management plan as related to the stormwater and drainage analysis. Sincerely, Joe C. Wilder Deputy Director JCW/rls ` cc: Mark Cheran, Zoning and Subdivision Administrator/ file CAProgram Files\WordPerfect Office II\Rhonda\TEMPCOMMENTS\SNOWDENBRIDGESTiYIWTRNIGMTPLAN.wpd -01t4 REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 41h Floor Winchester, Virginia 22601 (540)665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 41h Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 662-4185 Name of development and/or description of the request: Snowden Bridle -North Run Sanitary Sewer Trunk Line Location: Route 664-Jordan Springs Road Engineer Comments: Signature and Date: (NOTICE TO EN( DEPT. *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form, location map and all other pertinent information. GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 JUN 13 2005 June 3, 2005 Frederick County Planning Department Attn: Mike Ruddy 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Preliminary Master Development Plan Review Comments Dear Mike: The purpose of this letter is to provide you with a written response to the information requested for inclusion on the Stephenson Village Master Development Plan. This information was requested in the April 8, 2005 preliminary review letter from the Planning Department. 1. Route 37 Right of Way The Board of Supervisors approved the Stephenson Village Rezoning during their regular meeting on September 24, 2003. The Board of Supervisors approved a Proffer Statement and Community Design Modification Document as a component of the Rezoning Application. A Generalized Development Plan (GDP) was legislated by the Board of Supervisors as a condition of rezoning approval, which identified the major transportation elements for the future development of this project. Additionally, Section 7 of the approved Proffer Statement identifies all transportation improvements that are associated with the complete build -out of Stephenson Village. The Route 37 Eastern Bypass was not a component of the adopted GDP, nor was the Route 37 Eastern Bypass committed to in any portion of the approved Proffer Statement. Therefore, right-of-way for the Route 37 Eastern Bypass has not been provided on the Stephenson Village Master Development Plan. Stephenson Associates, L.C. and Brookfield Homes have discussed this matter with County officials and directed Greenway Engineering to develop a solution that would be consistent with the recommendations of the Metropolitan Planning Organization's Vision Plan, which calls for a four -lane divided, controlled access road linking Interstate 81 to Berryville Pike (U.S. Route 7). A concept plan has been developed, which accomplishes the recommendation of the MPO without impacting existing and future core battlefield lands and cultural resources that are currently protected or proposed for protection. This new alignment will accomplish the transportation goals Engineers Surveyors 'telephone 540-662-4185 FAX 540-722-9528 File #276013{EAW www.greenwayeng.com Ir and cultural resource preservation goals of the community; therefore, it is not necessary to provide for Route 37 right-of-way within the Stephenson Village community. 2. Land Bay III Phases Sheet 12 of 19 has been revised to identify the limits of Land Bay III -A. The remaining portion of Land Bay III is identified as the Residue of Land Bay III, as it is uncertain at this time how many subsections of Land Bay III will occur over time. Sheet 6 of 19 provides space within the various aggregate tables for the Land Bay III Residue. 3. Open Space The location of open space has been provided on Sheet 12 of 19, which also demonstrates where proposed open space overlaps environmental features within Land Bay III -A. Sheet 6 of 19 has been modified to provide for the acreage and percentage of open space that is located within environmental features and outside of environmental features. 4. 20' Linear Park Trail Sheet 7 of 19 has been modified to provide for the location of the public trail system on the north side of Hiatt Run. Additionally, a typical section detail and narrative has been provided to demonstrate the easement width and material type for this future trail system. 5. Preservation of Byers House During the Stephenson Village Rezoning process, it was determined that the Samuel Byers House did not qualify for the National or State Register of Historic Places. The structure was identified as a potential component of a future Milburn Historic District; however, the Board of Supervisors approval of this rezoning eliminated the concept of this district. To date, the property owners have conducted an extensive Phase I Archeological Study of the property and plan to conduct a Phase II Study around the Byers House to collect additional data and artifacts. The property owners will then dismantle the house and determine if elements can be utilized in other parts of the community. The property owners plan to coordinate with a local architectural historian to allow for the Byers House to be cataloged and inventoried utilizing VDHR standards. Furthermore, the property owners will seek recommendations from the architectural File #2760B/EAW 2 historian in the development of certain features within the project. Additionally, the property owners have indicated a willingness to allow Frederick County to have the Byers House structure relocated outside of the project site if the County desires to do so. 6. Pedestrian Access I The Stephenson Village community is a walkable community as is evident by the complete system of sidewalks, public and private pedestrian trail systems and bicycle facilities that connect all proposed land uses within the community and to the community's boundaries to allow for future connectivity by others. The off -site entrance feature at the intersection of Old Charles Town Road (Route 761) and Crossed Cannon Boulevard will provide for sidewalks and bicycle facilities that will allow for future connectivity by others. To date, a specific land use plan has not been developed for the Stephenson Rural Community Center (RCC); therefore, it is uncertain as to the type and location of future transportation systems that would be provided through future development activities within the RCC. This becomes extremely important, as Old Charles Town Road transitions to a variable right-of-way east of Milburn Road and becomes a 30- foot prescriptive right-of-way. The ability to develop pedestrian access from the Stephenson RCC to Stephenson Village will in all likelihood become a matter of other property owners' willingness to dedicate right-of-way to Frederick County and VDOT. 7. Pedestrian Access II Sheets 12, 13 and 17 have been modified to incorporate the general location of a private pedestrian trail system. Additionally, a typical section detail and narrative has been provided to demonstrate the material type and maintenance responsibility for this private pedestrian trail system that will connect residential land bays to the commercial center within Stephenson Village in addition to the pedestrian and bicycle system that connects all land uses along Crossed Cannon Boulevard. 8. Public Street Detail Sheet 11 of 19 has been modified to provide for four classes of streets and typical sections within the Stephenson Village community. Class I streets are identified as private streets, while Class II -IV are identified as public streets of varying widths and standards. Additionally, details for the courtyard cluster driveways, private access driveways and alleyways have been included on this sheet. File #2760B/EAW 3 s- 9. Major Road Detail Sheet 10 of 19 has been modified to provide a narrative that identifies the lane details, street standards, pedestrian facilities and landscaping that will be provided for the major collector road within the property and off -site. Additionally, Sheet I of 19 has been modified to provide for the off -site major collector road details to the west of the property that will be located on another parcel owned by Stephenson associates L.C. and on property owned by North Stephenson, Inc. 10. Bicycle Lanes Sheet 11 of 19 has been modified to provide for bicycle lanes that were proffered per section 7A(1)(d). The bicycle lanes are identified within the typical section detail for the Class IV Major Collector Road. This typical section has been reviewed with the Director of Parks and Recreation and is in keeping with the expectations of this department. Please find attached 2 complete sets of the Stephenson Village Master Development Plan and 69 summary sets of the Stephenson Village Master Development Plan, as well as copies of all approved review agency comments and all other applicable information necessary for submittal. This Master Development Plan is being submitted for inclusion on the July 6, 2005 Planning Commission agenda. Therefore, please contact me if you have any questions regarding this information, or if you need any additional information at this time. Thank you for your assistance regarding this matter. Sincerely, C,u Evan Watt, AICP Greenway Engineering Cc: J. Donald Shockey, Jr., Stephenson Associates, L.C. Steve Arthur, Brookfield Homes File #2760B/EAW 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 11, 2005 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan Review Comments Stephenson Village Property Identification Numbers (PINS) 44-A-31A, 44-A-292, 44-A-293 Dear Evan: Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Route 37 Right -of -Way: The proposed eastern portion of Route 37 traverses this proposed Master Development Plan. Please address this element of the County's transportation plan and provide the appropriate right-of-way for Route 37 prior to formal submission. 2. Land Bay III Phases: This MDP is for a portion of Land Bay III in which you have labeled Section A. Please provide a map which shows the location and scope of the current Section A as well as Sections B & C. If Land Bays IV & V will be phased in the same manner, it would also be appropriate to show these phased sections as well. Open Space: You have given open space calculations on sheet 6 of 19 in this MDP. The physical location of said open space does not seem to be shown on any map. Please make sure to illustrate the actual location of the open space as well as its proximity to any environmental features or steep slopes. No more than 50% of open space may be located in the aforementioned areas. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 ,. Mr. Evan Wyatt , Greenway —agineering RE: Stephenson Village April 11, 2005 Page 2 4. 20' Linear Park Trail: While the actual location of the trail will be determined at the subdivision design phase, the general detail, location and construction for the proposed 20' linear park trail along the Hiatt Run Corridor must be included as a part of this MDP. 5. Preservation of Byers House: Number 12 (A) of the Proffer Statement under the Stephenson Village Rezoning (#06-03) states "The Byers house will be preserved as deemed appropriate by the Applicant". It would appear as though the major collector road is located directly over the Byers house. Since this language states that the property will be preserved, include a response or language on the MDP on how the applicant intends to preserve the structure. 6. Pedestrian Access I: The Stephenson Village Rezoning application touted this Residential Planned Community as a walkable community. In order to make this a reality, it would be appropriate to connect pedestrian access from the Stephenson Rural Community Center to Stephenson Village via sidewalks along Old Charlestown Road. Please add this revision to your Old Charlestown Road Public Improvement Plan as well as the corresponding sidewalk detail. 7. Pedestrian Access II: In addition to the pedestrian accommodations to and from the Stephenson Village project in comment 96, there appears to be an access issue between the residential units in Land Bay III (A) and Land Bay V. Land Bay V is planned to be a commercial town center, and it would be appropriate that residents have access to this amenity in some other way other than by the major collector road. Please identify pedestrian and bicycle access locations on this plan. 8. Public Street Details: On sheet number 11 of 19, details are given which show three different types of roads (Class I, II, and III). Please provide information that tells which of these roads is going to be private and which will be public roads. 9. Major Road Detail: On sheet number 11 of 19, a detail is provided for the cross section of the major collector road going through the Stephenson Village property. This detail shows a landscaped median being a part of this road. Please include language which confirms that this section typical will progress to Route 11 in a manner consistent with this Master Development Plan. A statement should also be placed along side of this detail that indicates that this detail will apply to all sections of this major collector road, from Old Charles Town Road to Martinsburg Pike (Route 11) at the Rutherford Farm intersection. 10. Bicycle Lanes: In the same major collector road detail mentioned above, there is no indication where the required bike lanes, per proffer # 7A(1)d will be located. Please provide a new detail that shows the location and specifications of these bicycle lanes. Mr. Evan Wyatt , Greenway —gineering RE: Stephenson Village April 11, 2005 Page 3 Once all of these concerns have been addressed, 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, an'd Frederick County Department of G.I.S., Frederick County Airport Authority, Frederick County Department of Parks and Recreation, Frederick County Public Schools, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, David M. Bemiamino Planner I DMB/bad GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 19'1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Stephenson Village -Master Development Plan File No: 2760B Date December 13. 2005 To: FC Planning From: Kurt Pennington/dlm Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: ® Courier ❑ As You Requested ❑ Pick Up ❑ Please Comment Eric, Attached are 10 copies of the master development plan for final approval and signature. Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received By: Date: DEC 1 3 2005 O LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 February 8, 2006 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 THOMAS MOORE LAWSON • TLAWSON(a,LSPLC.COM Re: Brookfield Stephenson Village, L.L.C. Our File No. 839.001 VIA HAND DELIVERY Dear John: This is to follow up the status of the "Master Development Plan." We are in receipt of tonight's agenda which includes a memo from John Bishop regarding Setphenson's Village Master Development Plan. The memo incorrectly suggests that the applicant has asked that alignment "C" of Route 37 be modified to allow for the approval of the Master Development Plan. This is to confirm that no one on behalf of the applicant has made any such suggestion or statement. This is further to confirm that the Stephenson Village Master Development Plan is in conformity with the proffered rezoning and General Development Plan which was approved by the Frederick County Board of Supervisors several years ago. Neither of those approvals made any reference to Rout 37. Accordingly, the Master Plan that has been submitted has not made any reference to Route 37. In short, Route 37 does not apply to this development. Thank you for your attention to these matters. As always, if you should have any questions, please do not hesitate to give me a call,. TML:ewf cc: Brookfield Stephenson Village, L.L.C. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421,E-MAIL: SILEKJea LYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 3524190, E-MAIL: THOMASO.LAWSON@VERIZON.NET 11 B WE Department of Planning and Development 540/665-5651 FAX:540/665-6395 February 23, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Administrative Approval of Final Master Development Plan #07-05 Snowden Bridge: Phase 1 — Part A Property Identification Number: 44-A-31A, 292,293 (Zoning: R4) Dear Mr. Wyatt: Frederick County administratively approved the above -referenced final master development plan on February 23, 2006. The master development plan is approved for the development of 415 single- family detached, 110 single-family attached (townhouses), 214 multifamily units, an active adult community center, recreational center, and park on a net site area of 231.0 acres within the Stonewall Magisterial District. The property which would comprise this development is located on the south side of Old Charles Town Road (Route 761). All requirements of the Frederick County Zoning and Subdivision Ordinances have been satisfied in the approved final master development plan, including approval by all relevant review agencies. I am providing you with five (5) signed copies of the approved final master development plan. Please make sure these plans are distributed accordingly. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. Sincerely, Bernard S. Suchicital Planner I Attachments BSS/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor John H. Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate John Trenary, Inspections Administrator Joe Wilder, Public Works Deputy Director Brookfield Stephenson Village, LLC, 8500 Executive Park Ave., Ste. 30, Fairfax, VA 22031 Stephenson Associates, LC, PO Box 2530, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 19:1 Winchester, Virginia 22602 JAB! 2 7 2006 T R A N S M I T T A L Project Name: Snowden Bridge -Master Development Plan Part A File No: 2760B Date January 27, 2006 To: FC Planning From: Kurt Penning/Evan Attn: Bernard Suchicital Copied Delivery: ❑ Fed Ex ❑ Other Urgent ® For Your Review Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ U.S. Mail ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Message: Bernard, Attached is the following for the above project: -8 copies of the Master Development Plan Part A for final signature -Cover letter NOTE: 1 cover sheet has original owners signatures. As always, thank you for your assistance. Call with any questions or need for additional information. Hand Delivery and Pick Ups Only: Received By: Date: ❑■ i GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 January 12, 2006 Frederick County Planning Department Attn: Bernard S. Suchicital, Planner I 107 North Kent Street Winchester, VA 22601 RE: Revised Master Development Plan #07-05 Dear Bernie: JAI! 2 7 2;7r,, Please find attached eight sets of the Snowden Bridge Master Development Plan (formally Stephenson Village Master Development Plan) for your review and approval. This Master Development Plan has been revised to reflect the review comments provided in your letter dated December 20, 2005. The primary revisions to the Snowden Bridge Master Development Plan involve minor text revisions and new calculations that support the land area within Landbay III -A that is now identified as "Part A". Additionally, the cover sheet has been revised to provide for updated owner signatures and dates, as well as an updated Professional Engineer signature and date on all plan sheets that comprise this Master Development Plan. Please review the revisions to the Snowden Bridge Master Development Plan at your earliest possible convenience. Please advise me when the County has approved the plans and we will make arrangements to obtain the signed plan sets from your office. Sincerely, L 61 �- Evan Wyatt, AICP Greenway Engineering Cc: Brookfield Stephenson Village, LLC Stephenson Associates, LC Lawson and Silek, P.L.C. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T Project Name: Stephenson Village -Master Development Plan File No: 2760B Date October 3, 2005 To: FC Planning From: Evan Wyatt/dlm Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ❑ For Your Review Message: ® Courier ® As You Requested Eric, Per your request, attached is the following for the above project: -2 copies of the revised Master Development Plan -25 copies of the revised Summary Plan Set ❑ Pick Up ❑ Please Comment Thank you for your assistance. Call with any questions or need for additional information or copies. Hand Delivery and Pick Ups Only: Received By: Date: i�ls�m GREENWAY ENGINEERING 151 Windy Hill Lane Fnuruled in 19'I Winchester, Virginia 22602 JUL — 1 2005 T RAN S M IT T'A L Project Name: Stephenson Villge-Master Development Plan File No: 2760B Date Julv 1, 2005 To: FC Planning From: Kurt Pennington/dlm Attn: Eric Lawrence GREENWAY ENGINEE RING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery. ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Eric, Per your request, attached are 2 copies of the revised master development plan. Call with any questions or need for additional copies. Hand Delivery and Pick Ups Only: Received By: Date: Lorca Fairfax Environmental Health District 107 N. Kent St. Winchester, Virginia 22601 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester April 27, 2005 Mr. Mark Boczar 1455 Chestnut Grove Winchester, Virginia 22603-2324 Re: Well Water Testing Dear Mr. Boczar: APR 2 8 2005 In our conversation April 25, you mentioned that you would like to have your well water tested for heavy metals, as you are concerned about discoloration in your shower and commode. Enclosed is a listing of Virginia Department of Health Bureau of Water Supply Engineering Approved Laboratories. You should be able to arrange such testing by contacting one of these laboratories. I would suggest you be specific with the laboratory as to what you wish the water tested for and why as there are many possible things to test for in a drinking water sample. We have forwarded your concerns about a possible illegal landfill to the Frederick County Department of Planning and Development for their investigation. That office is located at 107 North Kent Street, Suite 202, in Winchester; the telephone number is 665- 5651. Please contact me if I can be of further help. My telephone number is (540) 722-3480 and my email address is Diane.Helentjaris@vdh.virginia.gov. Thank you. Sincerely, Diane Helentjaris, M.D. Health Director Lord Fairfax Health District Cc: file Steve Lee, Acting Environmental Health Manager, Lord Fairfax Health District VFrederick County Government — Department of Planning and Zoning llrr�_eorEric/< eo. (/�Q �$/_qot-v C,3,s f RECORD OF COMPLAR Location of ,�� / Complaint LYr��_ G{You By Complaint Number ,___ S 3 Received By ,S. 6ae- 2"Letter ❑ Telephone. 10 In Person Person Responsible for Premises _- `% C (Name) (Address) Complaint rIS1,,7 80C z-ctr _1 153_ l--- (Name) (Address) S L Date Phone Number _ Phone S Vj - Number AV - ? Representing Prone Group or Agency__ Numb:.r Name) (Address) Specific Details /� / Of Complaint 1n:5 , Z36 e Z.c f V- �2 ✓ _ Eta a d Is Another Agency / Responsible? ❑ Yes' ❑ No Date Agency Notified To Be Investigated By -2-6 -O rJointly El 1 h h/47 �d» i �Q � ` Wholly ❑ (Name) (Address) Phone Number By: ❑ Letter ❑ Telephone 19 Ih Person ❑ Other Date Assigned RESULTS OF INVESTIGATION Was Complaint Justified? ❑ Yes ❑ No (Show Dates and Results of Investigation and Re -investigation Below.) Final Disposition: ❑ Abatement ❑ Referral ❑ Other LHS-140 Rev. 1/75 (Signature of Investigator) Signature of Health Director Date Date t-- rti f�5 � �v;,� .f 11 PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 September 3, 2003 TABLE OF CONTENTS Page EXECUTIVE SUMMARY i 1. COMMUNITY DESIGN MODIFICATION DOCUMENT 2 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES 2 3. USES, DENSITY AND MIX OF HOUSING TYPES 3 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS 5 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM 7 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC. 7 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS 8 8. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS 11 9. RECREATIONAL AMENITIES AND LINEAR PARK 13 10. ACTIVE ADULT AGE -RESTRICTED HOUSING 14 11. AFFORDABLE HOUSING FOR THE ELDERLY 16 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES 16 13. COMMERCIAL CENTER 16 14. RENT FREE COUNTY OFFICE SPACE 18 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE 18 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION 19 17. COMMUNITY CURBSIDE TRASH COLLECTION 22 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA 23 19. COMPREHENSIVE PLAN CONFORMITY 23 20. CREATION OF HOMEOWNERS ASSOCIATION(S) 23 21. PROFFERED HOUSING TYPES 24 22. STREETSCAPE DESIGN AND LANDSCAPING 25 23. COMMUNITY SIGNAGE PROGRAM 26 September 3, 2003 Executive Summary Of the Proffer Statement for the Stephenson Village Residential Planned Community The proffers for Stephenson Village define the conditions for the construction and maintenance of a residential planned community based on Smart Growth principles. As envisioned, Stephenson Village will feature a school, public ball fields, recreation centers, trails and convenient shopping that will tie the neighborhoods of Stephenson together and serve as a vital center. Stephenson Village itself will have a distinctive look, a strong architectural theme, and a mixture of housing types to meet the needs of people of all ages, including an age -restricted active adult community and affordable housing for the elderly. The plan emphasizes walkable neighborhoods —with boulevards, sidewalks, bike paths and trails throughout. In addition to the 135.6 acres in the core battlefield area (which is not included in the rezoning request), 794.6±-acre parcel will have approximately 250 acres of open space. Build -out of Stephenson Village is anticipated to take 20 to 25 years. The proffers provide a balance of design and market flexibility and County control over uses and densities. Planned Community Design Stephenson Village will use compact building design with extensive architectural and landscaping standards to create distinctive streetscapes. The proffers specify six new housing types and illustrate floor plans for each. The housing types will be mixed within each neighborhood. To assure overall mixing while maintaining flexibility, the proffers establish maximum percentages for single-family detached, multi -family (townhouse and semi-detached) and age -restricted housing. The design will provide opportunities for people to live, work and shop in the same community. The school and public ball field sites will be located on the north side of the property, along Old Charles Town Road. The center of Stephenson Village will have affordable housing for the elderly and 250,000 square feet of commercial and office space (60,000 square feet guaranteed), including space for a rent-free Frederick County satellite office. Land will be set aside for a day care center in an appropriate location. The south side of Stephenson Village will include a large age -restricted (55 and over) "active adult" community. This will be a gated community with its own recreational facilities and private streets and alleys. In addition, the Applicant will provide a minimum of 144 units for the elderly after sufficient retail space has been occupied to qualify for Federal affordable -housing programs. September 3, 2003 i Stephenson Associates 030703 The proffers establish an overall density cap of 2,465 units exclusive of the affordable housing for the elderly, an average of 3.1 units per acre. To avoid sudden impacts on County schools and other services, the proffers establish a cumulative yearly construction cap of 8% on all units that are not age -restricted. Since age -restricted housing has positive tax impact on County budgets and no impact on schools, these unit types will be exempt from the phasing plan. Covering 100 % of Capital Facilities Impacts Economic analysis of Stephenson Village indicates that its proffer payments, taxes and fees will more than cover the cost of County services. The Applicant will cover 100% of the capital costs predicted by the County fiscal impact model for each housing type. These proffer fees will be adjusted every two years using the Consumer Price Index (CPI). Additional proffer fees may be assessed by Frederick County if school population from the project is higher than projected. If the cumulative total increase in students from Stephenson Village exceeds 60 students a year, the County may assess an additional proffer fee of $3,925 for each additional student. Transportation Improvements The Applicant will make transportation improvements to maintain acceptable levels of service on existing roads. These improvements will be triggered by actual traffic counts, with levels specified in the proffers, at permanently installed traffic counters at the entrance on Old Charles Town Road and the southwestern entrance. This will allow us to anticipate traffic increases rather than react to them. Design and construction will begin when traffic reaches 80 percent of the trigger point. A four -lane boulevard will serve the community as the major collector road. This road, identified in the County Comprehensive Policy Plan, runs from Old Charles Town Road in the north to Route 11 in the south. The sides and medians of this boulevard will be heavily landscaped outside of conservation and tree -save areas. The boulevard will have bicycle lanes on each side, and sidewalks or walking trails for the entire length in Stephenson Village. The road will be built first in a two-lane half section, beginning at Old Charles Town Road. The road will be extended to Route 11 and the second two-lane section constructed when traffic counts reach specified limits. This major collector road will be dedicated to VDOT. The Applicant has obtained rights -of -way and easements for off -site transportation improvements and will execute agreements with VDOT. Traffic improvements will include: completing the two-lane half -section of the major collector road, extending the major collector road to the Rutherford Farm intersection at Route 11, widening Old Charles Town Road to three lanes between the entrance and Route 11, signalizing (with turn lanes) the northern entrance, and signalizing (with turn lanes) of the September 3, 2003 11 Stephenson Associates 030703 Page 1 PROFFER STATEMENT STEPHENSON VILLAGE RESIDENTIAL PLANNED COMMUNITY Rezoning # 06-03 September 3, 2003 Property Owner/Applicant: Stephenson Associates, L.C. Property: 794.6± Acres, Tax Map Nos. 44-((A))-31A, 44-((A))-292, 44-((A))-293, and A Portion of Tax Parcel 44-((A))-31 Stonewall Magisterial District Frederick County, Virginia Date: January 8, 2003 Revised: March 7, 2003 Revised: April 24, 2003 Revised: August 18, 2003 Revised: September 3, 2003 The undersigned, Stephenson Associates, L.C., (hereinafter referred to as Applicant), its successors and/or assigns, hereby proffers that the use and development of the subject property shall be in strict accordance with the following conditions and shall supersede all other proffers made prior hereto. In the event the above -referenced amendments are not granted as applied for by the Applicant, the below described proffers shall be withdrawn and null and void. The headings of the proffers set forth below, the Table of Contents and the Executive Summary 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 site adjacent to the improvement, unless otherwise specified herein. References made to the Master Development Plan, hereinafter referred to as the Generalized Development Plan, as required by the Frederick County Zoning Ordinance, are to be interpreted to be references to the specific Generalized Development Plan sheets prepared by Greenway Engineering and Land Planning and Design Group, dated September 3, 2003 attached as Exhibit A. The exact boundary and acreage of each land bay may be shifted to a reasonable degree at the time of site plan submission for each land bay in order to accommodate engineering or design considerations. The Applicant is submitting a Generalized Development Plan (Exhibit A) as a part of the rezoning application. The Generalized Development Plan is provided in lieu of a Master Development Plan, and contains all information deemed appropriate by the Frederick County Planning Department. The Generalized Development Plan does not eliminate the requirement for a Master Development Plan for the portion of the site to be developed, which will be provided following rezoning approval but prior to any development of any portion of the 794.6±-acre site (Property). Page 2 September 3, 2003 1. COMMUNITY DESIGN MODIFICATION DOCUMENT: In order for the Applicant and Frederick County to implement the Residential Community, it will be important for the Applicant and Frederick County Planning Staff to have the opportunity to anticipate, incorporate and to develop new advanced housing types and configurations that may be suitable in a Residential Planned Community. These housing types will include many of the neo-traditional housing types which are proffered in this Proffer Statement which allow for the creation of a true community and for the maximization and preservation of natural corridors and open space for the use and enjoyment of the community at large. A. Pursuant to Article IL Amendments of the Frederick County Zoning Ordinance, the approval of this Proffer statement constitutes an amendment to the zoning ordinance, which will allow the expansion of the R4 District. B. The Applicant has proffered a Community Design Modification Document that is attached and incorporated by reference herein as Exhibit F, and which is accepted by Frederick County. In addition to the above, by approving this Proffer Statement, the Frederick County Board of Supervisors agrees without need of any further Board of Supervisors or Planning Department approval to any modifications for any matter which has been previously agreed to and therefore approved by Frederick County. Further still, any submitted revisions to the approved Generalized Development Plan, the approved Master Development Plan and/or any of its requirements for any development zoned R-4 which affect the perimeter of the development or which would increase the overall density of the development shall require the Board of Supervisors' approval. If, in the reasonable discretion of the Frederick County Planning Department, the Planning Department decides any requested modification should be reviewed by the Frederick County Board of Supervisors, it may secure said approval by placing this matter before the Frederick County Board of Supervisors at its next regularly scheduled meeting. However, and not withstanding what is stated above, once a modification has been approved administratively, the Applicant shall not be required to seek approval for any subsequent similar modification. 2. PHASING PLAN TO MINIMIZE SUDDEN IMPACTS ON COUNTY SERVICES: A. Additional Proffer Pam To minimize sudden increases in the Frederick County Public School population and sudden impacts on other county services, the Applicant shall implement the following phasing plan on all residential housing that is not age -restricted. To ensure that unanticipated increases in Frederick County Public School population do not burden the county with extra costs, Frederick County may assess the Applicant to effectively double school - related proffers for each student that exceeds a cumulative yearly total increase of 60 students per year. Page 3 September 3, 2003 The total number of new Frederick County Public School students generated by Stephenson Village will be determined from the September 30 report produced by Frederick County Public Schools. The Applicant proffers to reimburse Frederick County Public Schools for its cost of creating the September 30 report data related to Stephenson Village. This additional proffer payment will be provided to Frederick County by the Applicant within 30 days of receipt of the September 30 report produced by Frederick County Public Schools. If the reported number of Frederick County Public School students generated by Stephenson Village exceeds the cumulative total of 60 students per year (9/30/03=60, 9/30/04=120, etc.), the Applicant shall pay an additional proffer payment of $3,925 as assessed by Frederick County for each Frederick County Public School child that exceeds the cumulative total. The additional proffer payment will be adjusted every two years by the Consumer Price Index. B. Limitation on Permits (1) Calculation The active adult housing units and the affordable housing for the elderly have been removed from the restrictions imposed by the phasing plan and are not part of the following phasing plan formula nor will they be included in the yearly building permit tracking system. The overall density cap for Stephenson Village is 2,465 units, exclusive of the affordable housing for the elderly. Once the planned number of active adult housing units and the affordable housing for the elderly have been removed, the adjusted total number of units subject to phasing restriction is 1,665. The phasing allowed quantities shall be limited to 8% per year on a cumulative yearly basis beginning with the date of approval of this rezoning based on the following formula: (2,465 — 800 to 1,300 range of age restricted units) x 8% + unused permits from prior year(s) = maximum non -age restricted permits for current year Any units not used in a given year shall be carried forward. 3. USES, DENSITY AND MIX OF HOUSING TYPES: A. (1) The Applicant shall develop a mix of housing unit types to include those single-family detached, townhouse and multifamily housing unit types described in the Land Bay Breakdown Table in §3A(2) and further described in §21of this proffer statement. Each of the housing unit types in the R4 District, Section 165-67 of the Frederick County Zoning Ordinance, is either a single-family dwelling, townhouse or multifamily unit type. For purposes of this Proffer, all of the above housing types shall be referred to as Mixed Residential. The following list could be used as they currently exist within the R-4 portion of the zoning ordinance. Page 4 September 3, 2003 (2) The following list of Land Bays within the Land Bay Breakdown Table sets forth the development parameters on the Property and is consistent with the proffered Generalized Development Plan identified as Exhibit A: LAND BAY BREAKDOWN LAND LAND USE ACREAGE % OF TOTAL BAY HOUSING UNIT TYPES MIN. MAX. I ELEMENTARY SCHOOL 20 Ac. NA NA II COMMUNITY PARK 24 Ac. NA NA (6 baseball fields & 6 soccer fields) III MIXED RESIDENTIAL 475 Ac. CONVENIENCE COMMERCIAL/DAYCARE 7 Ac.* NA NA SFD 30 53 (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) TOWNHOUSE 10 30 (Housing Unit Type 6 & RP District Townhouse) MULTIFAMILY 7 30 (Condominiums, Elderly Housing, Housing Unit Type 3 & RP District Duplex, Multiplex, Atrium & Active Adult) IV ACTIVE ADULT 126 Ac. 30 53 SFD (Housing Unit Type 1,2 &5) Multifamily (Condominiums, Elderly Housing, Housing Unit Type 3) V COMMERCIAL CENTER 26 Ac.* NA NA (Commercial Retail, Office & Public Service Satellite Facility) The actual acreage identified for each Land Bay is based on the bubble diagram calculated on the proffered Generalized Development Plan and may fluctuate within 5% of the total acreage based on final survey work. Page 5 September 3, 2003 Land Bay Breakdown Notes (1) The above table represents the ranges for the referenced housing types as proposed. The final mix will not exceed the 2,465-unit cap, exclusive of the affordable housing for the elderly (Section 11) and will be comprised of house type combinations representing a mixture identified in the table. The minimum and maximum percentages established apply to the general categories of single family, townhouses, multifamily and active adult units and are not intended to pertain to any one housing type in those categories. The housing unit type maximum percentage for the general categories of single family, townhouse, multifamily and active adult will not exceed the percentages identified in the table and will not exceed the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) based on any combination. *(2) The total commercial area will be a minimum of 4 % of the gross site area or 33 acres and will be located within Land Bays III and V. (3) The Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel are approximately 125 acres. The remaining 113.5 acres of required open space will be provided within Land Bays I, II, III and IV. (4) The Applicant reserves the right to convert more of Land Bay III to active adult or affordable housing for the elderly. In no case shall the percentage of active adult or affordable housing for the elderly exceed 53% of the total unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11). B. For purposes of calculating density pursuant to the Frederick County Zoning Ordinance, all dedications and conveyances of land for public use and/or for the use of the development or any Homeowners Association shall be credited in said calculations. C. There shall be a unit cap of 2,465, exclusive of the affordable housing for the elderly (Section 11) on the subject property. D. In order to preclude unwanted industrial and heavy commercial uses, all land uses within the B-3 District and the M-1 District shall be prohibited, unless otherwise permitted in the RP District, the B-1 District or the B-2 District. In no case shall truck stops be permitted within Stephenson Village. 4. APPLICANT TO PAY 100% OF CAPITAL FACILITY IMPACTS: The Frederick County Capital Facilities Fiscal Impact Model was applied to the Stephenson Village rezoning on January 9, 2003. The results of this model run demonstrate a fiscal impact to capital facilities in the amount of $5,327 per residential unit. Page 6 September 3, 2003 The Applicant will pay 100% of these impacts through monetary contributions and land donations to Frederick County, unless otherwise specified by the proffer. The parties agree that the value used for the land donations of $30,000 per acre is appropriate and acceptable. These monetary contributions provide for the capital facilities impacts created by Stephenson Village and shall be paid at the time of building permit issuance for each unit. The monetary contribution will be adjusted every two years by the Consumer Price Index — All Urban Consumers (Current Series) See example at the end of this section. The Applicant will pay for active adult units a 50% premium on proffer fees for fire and rescue over and above the Frederick County Capital Facilities Fiscal Impact Model to cover any increased service demand; similarly, the applicant will pay for affordable apartment units for the elderly a 100% premium. However, these age -restricted units will not include monetary proffers for various capital facilities, such as schools, that they do not impact. The per unit monetary proffer for single family, townhouse and multifamily provides for: $3,925.00 for Frederick County Public Schools ($4,135 per model less $210 for land donation) $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for active adult units provides for: $635.00 for Frederick County Parks and Recreation ($889 per model less $254 for land donation) $400.00 for Frederick County Fire and Rescue 200.00 50% Premium $600.00 Total for Frederick County Fire and Rescue $145.00 for Public Library $152.00 for Administration Building The per unit monetary proffer for the affordable housing for the elderly provides for: $400.00 for Frederick County Fire and Rescue 400.00 100% premium $800.00 Total for Frederick County Fire and Rescue Should the index as currently published by the U. S. Bureau of Labor Statistics cease to be published then the most nearly comparable index shall be used. Page 7 September 3, 2003 The following is an example of how the adjustment for inflation will be made. Consumer Price Index — all Urban Consumers (Current Series) 1982-84=100 2003 Index (upon approval) estimated 183.00 2005 Index (two years) estimated 225.00 ZOOS Index 2003 Index X Proffer Amount = Revised Proffer Amount 225 183 X $5,327 = $6,550 5. MATCHING FUNDS FOR TRANSPORTATION ENHANCEMENTS AND/OR HERITAGE TOURISM: In consideration of the approval of rezoning application # 06-03 the Applicant shall contribute $75,000 in matching funds to Frederick County to be utilized for transportation enhancements and/or for the promotion of heritage tourism. The money will be made available to Frederick County within 30 days of receipt of a written request for said funds by the Frederick County Board of Supervisors or their authorized agent. 6. MONETARY CONTRIBUTION TO CLEAR BROOK VOLUNTEER FIRE AND RESCUE, INC: To further mitigate the impact on fire and rescue services, the Applicant will pay to Clear Brook Volunteer Fire and Rescue Inc. the sum of $200,000.00 for its general fund. This is over and above the monetary contributions to Frederick County Fir6-and Rescue identified in §4 of this proffer statement. This amount will be payable as follows: $50,000.00 to be paid not later than nine months after zoning approval. $50,000.00 to be paid within thirty (30) days of the issuance of the 5001h building permit in Stephenson Village but not later than December 31, 2008. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,000`h building permit in Stephenson Village but not later than December 31, 2013. $50,000.00 to be paid within thirty (30) days of the issuance of the 1,500th building permit in Stephenson Village but not later than December 31, 2018. Page 8 September 3, 2003 7. MULTI -MODAL TRANSPORTATION IMPROVEMENTS: A. The following are improvements the Applicant will make to roads within the Property: (1) Major Collector Road (a) Pursuant to Section 7F (2), 7F (4) and 7F(5) of this proffer statement, the Applicant shall dedicate an 80 foot right of way and construct the Major Collector Road from Old Charles Town Road through Stephenson Village, and the properties currently owned by McCann and Omps to U.S. Route 11 (Martinsburg Pike) in accordance with existing agreements executed between all parties to insure conformance with the Frederick County Comprehensive Plan. The width and configuration of all travel lanes, medians and other elements of the major collector road shall be provided by the Applicant as determined by VDOT. (b) The Applicant shall provide landscaped areas along, within, and/or adjacent to each side of the Major Collector Road in accordance with § 22-A of this proffer. (c) When the Major Collector Road is finally completed as a four lane divided boulevard, the median will be naturally vegetated with a combination of both woodland conservation areas and grassed areas supplemented with landscape plantings. If approved by the Virginia Department of Transportation (VDOT), all plantings, other than those in woodland conservation areas, will be installed by the Applicant and will have a maintenance agreement between VDOT and the Applicant which will transfer to the Homeowners Association of Stephenson Village (HOA) to cover all mowing, weeding, pruning, plant replacements, and irrigation maintenance responsibilities. Irrigation systems within the right-of-way will be designed as a separate system to allow the portion of the irrigation system falling within the right-of-way to be terminated if necessary without affecting the overall system. (d) The Applicant shall provide bicycle lanes within the Major Collector Road right of way over the property to be rezoned that are four feet in width and are contiguous with the outside travel lanes of the Major Collector Road and are properly marked and signed. (e) The Applicant shall prohibit individual residential and commercial entrances from intersecting Milburn Road (Route 662) and further proffers that the Major Collector Road will be the only road crossing of Milburn Road. Page 9 (2) Interparcel Connections September 3, 2003 The Applicant agrees to provide interparcel connections between land bays within the Property at the time the respective land bays are developed and to the extent reasonably possible. (3) Private Streets, Alleys and Common Drives (a) The Applicant shall provide for a gated community entrance for the active adult portion of the overall community and shall serve the active adult community with a complete system of private streets. The cross sectional dimension of pavement thickness and compacted base thickness will meet or exceed the public street pavement section standards utilized by VDOT. (b) Where private alleys are utilized, the Applicant will provide one-way alleys within a sixteen -foot (16') wide easement having twelve feet (12') of pavement with a two foot (2') shoulder on both sides of the pavement throughout the entire community. All private alleys, which intersect other private alleys at 90 degree angles or have turns at 90 degree angles shall provide for a minimum turning radius of 25 feet. Private alleys, intersection, public or private streets, shall provide curb cuts extending two feet beyond the paved edge of the standard alley width. (c) Where private alleys are utilized to serve housing types that front on private streets the Applicant shall provide for a minimum travel aisle width of 24 feet for the private street. The 24 foot travel aisle shall be in addition to on street parking designed for the private street. (d) When Housing Unit Type 4 (courtyard cluster) is developed, the common drive shall meet the following standards: (i) A minimum width of 20 feet (ii) A minimum depth of pavement section shall be a four inch compacted stone base and six inches of concrete or equivalent material. (iii) A "No Parking" sign shall be posted at the entrance to the courtyard. (iv) A fire hydrant shall be provided at the entrance to each corner drive to the courtyard clusters. When common drives are adjacent to or across the street from other courtyard cluster common drives, only one hydrant shall be required. (v) Visitor parking areas will be provided outside of the courtyard cluster common drive area. Page 10 September 3, 2003 B. The applicant has acquired easements and/or rights of way over the properties currently owned by McCann and Omps for the purpose of dedicating and constructing the Major Collector Road and for improvements along the south side of Old Charles Town Road from Route 11 north to the CSX railroad. The Applicant will acquire any additional rights -of -way and/or easements for all off -site transportation improvements proffered hereinafter. In the event the Applicant is not able to acquire any of the said rights -of -way and/or easements, Frederick County agrees to attempt to acquire such rights -of -way and/or easements by appropriate eminent domain proceedings at the request of Applicant and Applicant shall be responsible for all payments made to property owners for rights -of -way and/or easements so acquired. In the event that neither the Applicant nor Frederick County successfully obtains the required rights -of -way or easements for the offsite transportation improvements as required by the traffic study, the Applicant shall be permitted to continue with the development as proposed without any further requirement of right-of-way or easement acquisition or improvement. C. The Applicant will install full size entrance improvements with right and left turn lanes, in accordance with Virginia Department of Transportation design guidelines, at the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community during the first phase of development. D. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of U.S. Route 11 and Old Charles Town Road. Additionally, the Applicant will construct full size entrance improvements with both a right turn lane and left turn lane on Old Charles Town Road, and a right turn lane on U.S. Route 11 at said intersection. These improvements will be installed in accordance with the Virginia Department of Transportation design guidelines when warranted by VDOT. E. The Applicant will execute a signalization agreement with the Virginia Department of Transportation for the intersection of Old Charles Town Road and the Major Collector Road serving as the entrance to the Stephenson Village Community. The Applicant will provide for the signalization at the intersection of Old Charles Town Road and the Major Collector Road based on the terms of this agreement when warranted by the Virginia Department of Transportation. F. The Applicant will design and construct a four -lane boulevard Major Collector Road for the Stephenson Village Community in substantial conformance with the proffered Generalized Development Plan. The Major Collector Road will be constructed in two phases. The first phase will be a two-lane half section that is constructed from Old Charles Town Road to the limits of the development as depicted on the approved Master Development Plan. This phase of the Major Collector Road will be constructed and bonded in segments in accordance with the approved Subdivision Design Plan for Stephenson Village. The second phase of the Major Collector Road will provide for the ultimate four -lane section with appropriate right and left turn lanes based on the following program: (1) The design of the transportation improvements identified in Sections 7(F)2- 7(F)5 of this proffer statement will begin when 80% of the actual traffic count volume is Page 11 September 3, 2003 realized as identified in each Section. The completion of the improvements specified in each Section will occur within 18 months of initial design. (2) Once actual traffic counts of 7,996 vehicle trips per day have been documented on the Major Collector Road, the Applicant will bond and commence construction of the additional lanes to the existing Major Collector Road to its ultimate four -lane section from Old Charles Town Road to the limits of the Major Collector Road within the development. (3) Once the actual traffic count reaches 10,570 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a three -lane section of Old Charles Town Road, from the Entrance to Stephenson Village to U.S. Route 11 using the existing bridge. (4) Once the actual traffic count reaches 17,699 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of a two lane half section of the Major Collector Road from the limits of the four -lane section to U.S. Route 11 at the Rutherford Farm Industrial Park intersection to include right and left turn lanes on the east side of U.S. Route 11 as determined by VDOT. The Applicant agrees to enter into a signalization agreement with VDOT at the U.S. Route I I/Rutherford Farm Industrial Park intersection if traffic signalization is not otherwise provided at that time. Traffic counters will be installed at the southwestern entrance to Stephenson Village on the property as part of this improvement. (5) Once the actual traffic count at the southwestern entrance to Stephenson Village near the Rutherford's Farm Industrial Park intersection reaches 7,996 vehicle trips per day on the Major Collector Road, the Applicant will bond and commence construction of the remaining additional lanes to the existing Major Collector Road from the limits of the four -lane section to provide for the ultimate four -lane section ending at the east side of U.S. Route 11. G. The Applicant will provide $50,000 that shall be utilized as matching funds by VDOT and/or the County of Frederick for future improvements to the Interstate 81/U.S. Route 11 interchange at Exit 317. This dollar amount is intended to assist VDOT and the County of Frederick with this regional improvement. The $50,000 will be made available to VDOT or to the County of Frederick, within 30 days of written request for said funds by the appropriate party. 8. SCHOOL AND BALLFIELD SITES, COMMUNITY FACILITIES AND PUBLIC USE AREAS : A. School Site: The Applicant shall dedicate 20 acres of land to the Frederick County School Board for use as a public school site which shall count towards the overall Page 12 September 3, 2003 open space requirement for the development. Said site will occur within the general location identified as Land Bay I on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street, and will provide access to water and sewer at a point reasonably acceptable to the School Board of Frederick County, Virginia, along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said school site not later than six months after it is requested by Frederick County or its designee in writing, at no cost. B. Soccer and Baseball Field Site: (1) The Applicant shall dedicate 24 acres of land to Frederick County or such other entity as Frederick County designates and as more specifically set forth below which, when combined with school ball fields, will be used for 6 soccer fields and 6 baseball fields as shown on the layout for School/Park Site (Exhibit C, graphic for illustrative purposes only), which shall count towards the overall open space requirement for the development. Said site will occur within the general location identified as Land Bay II on the Generalized Development Plan (Exhibit A), adjacent to Old Charles Town Road, which will allow direct access to the site for citizens living outside of Stephenson Village. The Applicant will allow access for Stephenson Village residents to the site from a local neighborhood street and will allow access to water and sewer at a point reasonably acceptable along the property boundary, at the time the adjacent land bays are developed. The Applicant shall convey said soccer and baseball field site, not later than six months after it is requested by Frederick County or its designee in writing, at no cost. (2) Frederick County at its sole discretion may convey or lease its ownership interest in the soccer and baseball field sites to a corporation, trust or other entity which incorporates the direction of both the public and private sectors to provide recreation opportunities for the public. C. At the time the school and soccer and baseball fields sites are deeded to the County, the Applicant shall provide, at the Applicant's expense, a boundary survey and shall stake the corners of each site. Before Frederick County assigns or conveys any ownership interest in the Property conveyed herein by the Applicant to any third party, including, but not limited to the School Board of Frederick County, Virginia, the third party will execute an agreement in recordable form which is satisfactory to the applicant which will provide and confirm that said third party agrees to be bound by the provisions of this Proffer Statement, including, but not limited to, provisions governing the use of the Property to be conveyed and also the application of all restrictive covenants governing the use of the Property and the construction of improvements upon it. By executing this Proffer Statement, Frederick County also agrees to be bound to and comply with the same. Page 13 September 3, 2003 D. Notwithstanding the potential uses of the parcels referenced in subparagraphs A and B above, the Frederick County Board of Supervisors shall have flexibility to determine the specific use located within each land bay dedicated for public use purposes, provided that said uses are one of those listed in subparagraphs A and B. Any other similar types of public uses shall be permitted only with the consent of the Applicant and provided that the use is of an architectural style and uses construction materials that are consistent with the restrictive covenants recorded against the property conveyed. Furthermore, the Frederick County Board of Supervisors agrees that if the public purposes are not constructed or installed, completed and in use on the parcels which are identified in subparagraphs A and B above within ten years of the conveyance from the Applicant, said properties may be purchased by the Applicant for the land value specified in §4 of this proffer statement. The Frederick County Board of Supervisors hereby instructs and empowers its County Administrator to execute such other deeds or documents, which shall be required to effect the terms of this provision. E. The Applicant reserves the right to retain temporary and permanent grading, slope, utility, drainage, storm water management and access easements on all public use parcels which are dedicated to the Frederick County Board of Supervisors or the School Board of Frederick County, Virginia, provided said easements do not preclude reasonable use and development of the property for the intended purpose. 9. RECREATIONAL AMENITIES AND LINEAR PARK: A. Recreational Center The Applicant shall construct one (1) recreation center within the Land Bay identified as Land Bay III as shown on the Generalized Development Plan (Exhibit A), for the use of the residents of the Property and as determined by the Home Owners Association. The Applicant shall have the sole and absolute right to determine within said land bay, where the facility shall be located. The Applicant shall designate the location of the above facility on the Master Development Plan. The recreational center shall include a bathhouse and a 6-lane, 25-meter competition swimming pool. The facility will be fully bonded prior to the issuance of the first building permit. Work on this facility shall commence prior to the issuance of the 2501h non -age restricted building permit and be completed prior to issuance of the 800`h building permit for the non -age restricted housing products. B. Active Adult Recreational Center The Applicant shall construct one (1) recreation center within one of the Land Bays identified as shown on the Generalized Development Plan, for the private use of the residents of the Active Adult Community. This facility will be fully bonded prior to the issuance of the first building permit in the Active Adult Community. Work on this facility shall commence prior to the issuance of the 150`h building permit and be completed prior to issuance of the 350`h building permit in the Active Adult Community. Page 14 C. Pedestrian Trail Sidewalk System September 3, 2003 The Applicant shall construct a pedestrian trail or sidewalk system, which connects each recreation area to the surrounding neighborhood. The final location and the granting of any such easements and/or trails shall be at the subdivision design plan stage. Such trails or sidewalk system shall be constructed of stone dust or wood chips or such other materials selected by the Applicant provided they are not part of the sidewalk system within the public right-of-way. D. Linear Park Trail A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation. The location is to be determined by the Applicant and a trail system plan shall be submitted by the Applicant for evaluation by the Frederick County Parks and Recreation Department. The trail shall be provided within the Hiatt Run Corridor and run the length of said corridor on the subject property for 3,800 +/- linear feet as shown on the proffered General Development Plan (Exhibit A). The Applicant shall convey said easement after development of adjoining parcels, or reasonable access is provided, and not later than six months after it is requested by Frederick County Parks and Recreation in writing at no cost to Frederick County or Frederick County Parks and Recreation. Any area so dedicated shall be included in the calculation of required open space, and shall entitle the Applicant to recreational credit units for the value of the construction of the trail and dedicated land. The Applicant reserves the right to retain temporary and permanent grading, utility, sewer force main, slope, storm water management, construction and drainage easements within said dedicated area, although only temporary easements shall be retained as needed for the construction by the Applicant of the six-foot wide asphalt or concrete trail described herein. The asphalt or concrete trail at the discretion of the Frederick County Parks and Recreation Department may be changed to other surface materials in an effort to promote low impact development techniques. Construction of said trail by the Applicant is contingent upon the proposed trail being allowed by all applicable County and State ordinances, and limitations due to terrain and constructability considerations. In the event that the public linear park trail is unable to be constructed due to County or State ordinances, the Applicant shall develop the linear park trail as a private trail system for the use of the residents of Stephenson Village. This private linear park trail shall count towards the open space and recreational amenities requirements for Stephenson Village and will be constructed of similar materials and standards identified in section 9C of this proffer statement. 10. ACTIVE ADULT AGE -RESTRICTED HOUSING A. Applicant agrees that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the property. At least eighty percent (80%) of the occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: Page 15 September 3, 2003 (1) All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. B. A maximum of twenty percent (20%) of the occupied age -restricted residential units shall be allowed to be occupied by at least one person fifty (50) years of age or older and within such units the following conditions shall apply: (1) All other residents must reside with a person who is fifty (50) years of age or older, be a spouse, a cohabitant, an occupant's child eighteen (18) years of age or older, or provide primary physical or economic support to the person who is fifty (50) years of age or older. Notwithstanding this limitation, a person hired to provide live-in, long term or terminal health care to a person who is fifty (50) years of age or older for compensation shall also occupy a dwelling during any time such person is actually providing such care. (2) Guests under the age of fifty (50) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. (3) If title to any lot or unit shall become vested in any person under the age of fifty (50) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenant shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty (50) or otherwise satisfied the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. Page 16 September 3, 2003 (4) The above -described use restrictions shall be amended from time to time in accordance with applicable local and state regulations governing age restricted housing and the Federal Fair Housing Act so long as the substantive intent as set forth herein is maintained. In no event shall the minimum age of residents be less than the ages set forth hereinabove. C. Applicant agrees that the language in this Section or such other language as may be necessary to comply with the requirements to qualify as Housing for Older Persons under the Federal Fair Housing Act and the Fair Housing Act of Virginia shall be included in the deeds conveying real property designated as age -restricted on that portion of the property. 11. AFFORDABLE HOUSING FOR THE ELDERLY: Subject to the provisions of this proffer statement, the Applicant will develop and build apartment units to provide much needed affordable housing for the elderly. The Applicant will comply with the necessary requirements to qualify these apartment units for the "Housing for Older Persons" exception to familial status discrimination as allowed under the Federal Fair Housing Act and the Fair Housing Act of Virginia. The construction of these apartment units will begin after at least 50 percent of the retail space has been developed, provided that the approval of appropriate federal and state housing authorities is obtained, and the project qualifies for the Multi -Family Loan Program and the Low Income Housing Tax Credit Program or equivalent. In the event that funding for the affordable housing for the elderly is not obtained, the Applicant proffers to reapportion those units to the active adult community housing units. 12. PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES: A. Byers house: The Byers house will be preserved as deemed appropriate by the Applicant. B. Cemeteries: Prior to commencement of any earth disturbing activity in any section of the Property, the applicant shall mark and identify any cemeteries which may be located there. In the event any onsite cemeteries are found, the applicant shall preserve those cemeteries in accordance with all County and State regulations. 13. COMMERCIAL CENTER: The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center that will be developed at a time to be determined by Applicant. Within the commercial center development, the following shall be provided: A. The Applicant shall provide for all turn lanes and traffic signalization on the Major Collector Road serving the commercial center as warranted by VDOT. The Page 17 September 3, 2003 Applicant shall conduct traffic impact analysis studies for each commercial site plan submitted to Frederick County that will be reviewed and approved by VDOT to determine when these improvements are warranted. A traffic signalization agreement will be executed with VDOT by the Applicant to ensure that commercial uses developed prior to the warrants for traffic signalization contribute their pro-rata share for this improvement. B. The Applicant shall record architectural and design restrictive covenants for the commercial center and shall submit a copy to the Frederick County Planning Director and the Frederick County Building Official with the first site plan within the commercial center. Said covenants shall provide for the establishment of an architectural review board for the purpose of review and approval of all architectural elevations and signage for all commercial uses to assure a continuity of overall architectural appearances within the entire commercial development. C. The Applicant shall ensure that all commercial site plans submitted to Frederick County for the commercial center are designed to implement best management practices (BMP) to promote storm water quality measures. A statement will be provided on each commercial site plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. D. The areas within the commercial center that are not required to be graded or cleared for the implementation of all approved site plans will remain undisturbed. One-way travel aisles will be utilized where practical to reduce the impervious areas of parking lots within the commercial center. E. The Applicant shall provide for a maximum of 250,000 square feet of commercial land use in Stephenson Village. The majority of the commercial land use will be located within the commercial center identified on the Generalized Development Plan (Exhibit). The development of smaller areas of commercial land use will be allowed in other areas of Stephenson Village. These commercial land use areas will be provided on the detailed Master Development Plan associated with the development of Stephenson Village. F. The Applicant has identified an area as shown on the Generalized Development Plan (Exhibit A) for a commercial center. The development of 60,000 square feet of commercial space will begin within the commercial center no later than the issuance of the 1,200`h non -age restricted residential building permit with completion of this commercial space within 18 months. The Applicant will be allowed to extend the commencement of commercial construction for an additional two year period if any one of the following circumstances has occurred: An elementary school has not been constructed on the Property; or a building permit is obtained for the development of a new grocery store within a three mile radius of commercial center within Stephenson Village. Page 18 14. RENT FREE COUNTY OFFICE SPACE: September 3, 2003 The Applicant shall provide up to 2,500 square feet of shell space for a 10 year period rent free exclusive of utility and common area maintenance (CAM) charges in the commercial center for the location of a Public Service Satellite Facility for Frederick County. The shell space shall be made available and commence upon the completion of the base building in which the space is located. Frederick County must complete build out and occupy the space within two (2) years of the completion of the base building. If Frederick County fails to build out and occupy the space within the two (2) year period then the space will revert to the Applicant. 15. COMMUNITY DESIGN FOR A STRONG SENSE OF PLACE: A. Design The Applicant agrees to provide an overall continuity of design within the community by means of selecting standards for the following elements, which will be uniformly specified and applied over the entire project: • Custom fixture street lighting program. • Custom mailbox design • Standardized common area fencing style and color • Standardized private residential fencing styles and color • Community color selections to create neighborhood theme • Uniform site furnishing selection (benches and trash receptacles) • Custom designed street signage and stop signage • Landscaping at the entrance monuments, along the collector road buffers and within the medians selected to provide for a repetition of the neighborhood flower color scheme and theme trees throughout the community The Applicant agrees to utilize innovative design techniques and quality design for the recreational center and bathhouse, common area landscaping, site design, and architectural design. B. Architecture (1) The architectural styling of Housing Unit Types 1 through 4 shall be constructed in accordance with the Housing Unit Types Exhibit(s) proffered herein. Housing Unit Types 5 and 6 shall be compatible with Housing Unit Types 1 through 4. (2) Access to garages by the use of alleys shall be allowed on Housing Unit Types 1 (Carriage House), 3 (Cottage House), 5 (Modified Single -Family Small Lot, and 6 (Modified Townhouse). Page 19 September 3, 2003 (3) Specific architectural elements that are allowed on Housing Unit Types, to include Housing Unit Types 5 and 6 shall include, but are not limited to, the use of peaked roofs, gables, chimneys, balconies or decks, porches and/or garages. C. Housing Unit Type 3 (Cottage House) and Unit Type 4 (Courtyard Cluster) (1) Decks and Patios All deck planks shall be Class I (A) fire rated composite Iumber or approved equal of a standardized color to be selected by the Applicant. A maximum of two styles of deck railing shall be used on all decks and shall be made of the same composite lumber and the same matching color selection. (2) Fire Protection System Courtyard Cluster and Cottage houses will have a 13-D sprinkler system in the home and the garages. D. Lighting Any exterior lighting of individual homes or common use recreation areas shall be directed downward and inward on the site to reduce glare on adjacent properties, the public and/or private right-of-way, and upward stray illumination. E. Architectural and Design Covenants Stephenson Associates, L.C. shall develop architectural and design covenants for the overall community. Said covenants will establish an architectural review board for the purpose of review and approval of all architectural elevations, exterior architectural features (fences, railings, walls and decks) for all uses within Stephenson Village, as well as any publicly provided structures located on sites dedicated for public use. These covenants are intended to assure a continuity of overall architectural appearance, quality material selection, and a cohesive color palate for all structures within the entire development. 16. ENVIRONMENTAL FEATURES AND HABITAT PRESERVATION: A. Environmental Features and Easements: (1) Significant wildlife habitats shall be identified and preserved by the Applicant with technical assistance from the Virginia Department of Game and Inland Fisheries (VDGIF). Wildlife or bird habitats shall be further Page 20 September 3, 2003 enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas. (2) The Applicant shall limit the clearing and grading on each lot to the area needed for structures, utilities, access and fire protection to maximize tree save areas. (3) Unbuildable wetlands, unbuildable floodplains, and unbuildable steep slopes shall be designated and shall be subject to the following: (a) Grading: Protection of steeply sloped areas will be provided by the Applicant as follows: clearing and grading will not occur on any slopes of twenty five percent (25%) or greater, except for trails, road crossings, utilities, drainage and storm water management facilities. (b) Floodplain Areas: Development within floodplain areas shall be limited to the public Linear Park Trail system to include the trail, pedestrian bridges, benches and signage. (c) Buffers and Conservation Easements: (i) Buffer and Conservation Easements: A one -hundred foot (100) wide nondisturbance buffer shall be provided outside of any platted lot immediately adjacent to Hiatt Run and the Wetlands Intermittent Ravine Channel. (ii) Conservation Easements/Floodplain: A twenty -foot (20) wide buffer shall be provided outside of any platted lot immediately adjacent to the 100-year floodplain. The ten feet (10) adjacent to the floodplain shall be undisturbed. The ten feet (10) adjacent to the lots may be disturbed and, if disturbed, shall be re -vegetated by planting trees equal to the number of trees in excess of six inches (6") caliper removed by the disturbance, OR at the rate of 50 (2" caliper) trees per acre of disturbance, at the option of the Applicant. (iii) The above disturbed and undisturbed buffers as well as conservation easements not located within a platted lot and/or parcel shall be part of the common areas owned by the Homeowners Association(s). Covenants to be created as part of the Homeowners Association(s) documents shall provide for maintenance of said areas by the Homeowners Association(s). (4) Resource protection areas are identified for the Hiatt Run Corridor and the Wetlands Intermittent Ravine Channel that are further identified on the Generalized Development Plan. These resource protection areas contain various environmental features and provide different resource management plans for their treatment and protection by the Applicant. Page 21 September 3, 2003 B. Hiatt Run Corridor: (1) The Hiatt Run Corridor shall be considered a resource protection area. Clearing and grading by individual lot owners is prohibited within this zone. (2) A one -hundred foot (100') foot non -disturbance buffer shall be provided outside of any platted lot adjacent to the Hiatt Run Corridor and shall serve as the clearing limit for all lots that border the Hiatt Run Corridor as measured from the center line of the stream. (3) A minimum buffer of twenty feet (20') shall border all wetland preservation areas. Clearing and grading by individual owners is prohibited within this buffer. (4) Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan along the south side of the Hiatt Run Corridor. (5) Wildlife or bird habitats will be further enhanced by providing native plantings selected to encourage feeding areas while reestablishing forest in and around environmentally sensitive areas including steep slopes, woodlands and flood plain areas along the north side of the Hiatt Run Corridor. The planting plan along the north side of the Hiatt Run Corridor will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. C. Wetlands Intermittent Ravine Channel: The Wetlands Intermittent Ravine Channel shall be considered a resource protection area. Restrictive covenants recorded against the property will provide that clearing and grading by individual lot owners is prohibited within this zone. The Wetlands Intermittent Ravine Channel will be further enhanced, by providing native plantings, to establish an upland buffer. The planting plan for this upland buffer will be created with technical assistance from VDGIF and the Lord Fairfax Soil and Water Conservation District. D. Forest Management Plan: (1) The Forest Stewardship and Management Plan will be created with technical assistance from the Department of Forestry. Native plants and cluster trees will be preserved and/or reforested in accordance with the Forest Management Plan. Page 22 September 3, 2003 (2) Existing ponds will be identified and, if beneficial and appropriate, shall be used as storm water management facilities. In addition, the Applicant shall establish additional ponds on the site wherever possible and in such locations as the Applicant directs. The ponds shall be located and designed to promote water infiltration on the site. A minimum area of twenty feet (20') wide surrounding each such pond shall be developed as a park setting. (3) The Forest Management Plan will be created with technical assistance from the Department of Forestry. E. Environmental Utility / Road Impacts: Construction of utilities, roads, trails, bio-retention areas, or wetlands creation shall be allowed within the environmental features listed in § 16A-§ 16D of this proffer statement. Any construction of the above listed items will use low impact construction methods such as 90-degree crossings, minimal soil, and tree disturbances. When linear utility impacts such as force mains or transmission lines are required low impact construction techniques will be utilized. F. Implementation of Enhancements and Amendments The Applicant shall provide the location of the resource protection areas as a component of the Master Development Plan. Information pertaining to proposed enhancements and amendments to the resource protection areas shall be included as narratives of the Master Development Plan to ensure that these treatment measures will be implemented. 17. COMMUNITY CURBSIDE TRASH COLLECTION: A. The Applicant shall see that the properties within Stephenson Village shall be serviced by a commercial trash pickup and waste removal service. Said service shall provide curbside trash removal unless otherwise provided by Frederick County, for all residential uses and dumpster disposal for all high -density residential uses and commercial uses. Waste and trash removal services shall not dispose of trash and waste at any Frederick County Citizen Convenience Center. The Applicant shall be relieved of its obligations to see to the performance of this Proffer by assigning all of its obligations to a Homeowners Association for any portion or all of the development. B. Notwithstanding the above, Applicant shall locate dumpster sites as unobtrusively as possible. The area immediately surrounding each dumpster site shall be planted with vegetation similar to or identical to that planted in the median open vegetated areas, including, but not limited to, deciduous trees and evergreen shrubbery in addition to the required fence and gate enclosure. Page 23 September 3, 2003 18. WATER AND SEWER IMPROVEMENTS IN THE STEPHENSON AREA: A. The Applicant shall dedicate land to be utilized for the location of a regional pump station as determined by the Frederick County Sanitation Authority (FCSA) in an area that is mutually agreed upon by both parties. B. The Applicant shall construct a pump station in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve the Property and shall dedicate the pump station to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The pump station shall be constructed and operational prior to the first occupancy permit in Stephenson Village. C. The Applicant shall construct water and sewer lines in conformance with the Frederick County Sanitation Authority Route 11 North Sewer and Water Service Area Plan as required to serve all private land uses within Stephenson Village and shall dedicate the applicable water and sewer lines to FCSA for operation and maintenance. Furthermore, the applicant shall provide water and sewer lines of adequate size to the property line for all publicly dedicated properties. 19. COMPREHENSIVE PLAN CONFORMITY: By accepting and approving this rezoning application, the Frederick County Board of Supervisors authorizes the location and provision of those public uses and facilities specifically referenced on the Generalized Development Plan, in this Proffer Statement, and the extension and construction of water and sewer lines and facilities and roads necessary to serve this Property pursuant to the Virginia Code Section 15.2-2232 and the Frederick County Code. The general area of location for these uses and facilities are as shown on the Generalized Development Plan with the exact locations to be determined based on final engineering and as approved by Frederick County. Acceptance of this Proffer Statement constitutes approval of the public uses and facilities and their general locations and thereby accepts said uses and facilities from further Comprehensive Plan conformity review. 20. CREATION OF HOMEOWNERS ASSOCIATION(S): A. Creation of Association(s) A homeowners association or more than one homeowners association ("HOA") shall be created and shall be made responsible for the review and approval of all construction within the development to insure that all design standards for the Stephenson Village Development are satisfied and for the maintenance and repair of all common areas, together with such other responsibilities, duties and powers as are customary for such associations or as may shall be required for such HOA herein. Page 24 B. Additional Responsibility September 3, 2003 In addition to such other responsibilities and duties as shall be assigned; the HOA shall have title to and/or responsibility for: (1) All common open space including storm water facilities areas not otherwise dedicated to public use or maintained by commercial entities. (2) Common buffer areas located outside of residential lots. (3) Residential curbside trash collection. 21. PROFFERED HOUSING TYPES: The following plan(s), exhibit(s) and Housing Unit Types are proffered herein. Each may be altered at the time of final engineering and equivalent Housing Unit Types may be substituted with the approval of the Director of Planning or his/her designee. Any existing or future Housing Unit Type, which is permitted under the R4 Residential Planned Community District, may also be utilized. Housing Unit Types Exhibit(s) prepared by The Land Planning and Design Group, Inc. dated December 2002, listed below and attached hereto as Exhibit B (graphic for illustrative purposes only). The minimum design standards for the following housing types are summarized and listed on the attached chart prepared by Land Planning and Design Group, Inc., dated March 2003 and referred to as Exhibit E — Minimum Design Standards. "Housing Unit Type 1" (Carriage House): Carriage House Illustrative Carriage House Typical Carriage House Landscape Typical "Housing Unit Type 2" (Non -Alley Carriage House): Non -Alley Carriage House Dlustrative Non -Alley Carriage House Typical Non -Alley Carriage House Landscape Typical "Housing Unit Type 3" (Cottage House): Cottage House Illustrative Cottage House Typical Cottage House Landscape Typical Page 25 September 3, 2003 "Housing Unit Type 4" (Courtyard Cluster): Courtyard Cluster Illustrative Courtyard Cluster Typical Courtyard Cluster Landscape Typical "Housing Unit Type 5" (Modified Single Family Detached Lot): Modified Single Family Detached Lot Typical "Housing Unit Type 6" (Modified "Townhouse" Attached Dwelling): Modified "Townhouse" Attached Dwelling Typical "Housing Unit Type 7" (Elderly Housing Dwelling): Elderly Housing Dwelling Specifications Elderly Housing Dwelling Illustrative Elderly Housing Dwelling Specifications and Illustrative Design provided in Community Design Modifications Document Other housing types shall be added, if approved, by Frederick County. 22. STREETSCAPE DESIGN AND LANDSCAPING: A. The Applicant shall provide landscaped areas on both sides of the Major Collector Road as illustrated on the attached Exhibit D (Typical Major Collector Road Section) dated March 2003 and in accordance with the following: (1) The landscaped area described above is designed to be a scenic urban linear park, which shall contain woodland conservation areas. (For purposes of this Proffer, a woodland conservation area shall be defined as an area designated for the purpose of retaining land areas predominantly in their natural, scenic, open or wooded condition.)The woodland conservation area shall have a varying width of no less than fifteen feet. Woodland conservation areas shall be provided where feasible based upon final engineering and design of the development. The Applicant shall provide, within the landscaped area, a mixture of deciduous and evergreen trees, to include native types of trees originally found in this area and replacing any trees removed during development. Such trees shall be planted at the minimum rate of one tree every 40 linear feet along the roadway frontage and shall be planted in clusters rather than a linear pattern. Page 26 September 3, 2003 (2) The minimum planting standard for street landscaping or landscaped areas/woodland conservation areas shall be a mixture of deciduous trees, ornamental trees, evergreen trees, and shrubbery. At the Applicants option, trees and shrubs shall be planted in clusters and shall be planted at an equivalent rate of ten plant units per 40 linear feet of collector street roadway frontage. The plant unit credits are determined as follows: Shade Trees (2" min. caliper) = 10 plant units, Ornamental trees (1.5" minimum caliper) = 5 plant units, Evergreen trees (6' min. height) = 5 plant units, Shrubs (18" minimum height) = 2 plant units. B. The Applicant shall have the option of utilizing landscaped central islands within cul- de-sacs. When landscaped islands are utilized a twenty-eight foot (28') foot paved area shall be provided to accommodate on -street parking and travel aisles. C. Where conditions permit, vegetated open channels shall be used in street right-of- ways for storm water runoff, instead of curb and guttering. D. To the extent possible, stone fines or wood chip trails/paths shall be used instead of asphalt trails/paths. Where practical, such trails/paths shall be located on only one side of each interior road provided sidewalks are not required or practical within the adjacent road right-of-way. 23. COMMUNITY SIGNAGE PROGRAM: A. The Applicant reserves the right to construct community entry features including a monument style sign at the entrances to the development in accordance with the following parameters: Such signage shall not exceed two signs per intersection, one occurring on either side of the entrance. The sign panel area shall not exceed 65 square feet per sign, and shall be attached to a wall not to exceed 8 feet in height, excluding piers, which shall be 9.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. B. The Applicant reserves the right to construct neighborhood entry features including a monument style sign at the entrance to each neighborhood in accordance with the following parameters: Such signage shall not exceed two signs per intersection one occurring on either side of the entrance. The sign panel area shall not exceed 40 square feet per sign, and shall be attached to a wall not to exceed 7 feet in height, excluding piers, which shall be 8.25 feet in height. The wall supporting the signage will not be included in the allowable square footage for the sign panel. C. Commercial freestanding business signs shall be monument style with similar design and materials as the community entry feature signs. These commercial freestanding business signs shall be no more than 20' in height measured from the base and shall be spaced a minimum of 100 feet apart. Page 27 SIGNATURE PAGE September 3, 2003 The conditions set forth herein are the proffers for Stephenson Village and supercede all previous proffer statements submitted for this Development. Respectfully submitted, Stephenson Assosiat , L.C. By: ame: J. Donald Shockey, Jr. Title: Manager Subscribed and sworn before me this 8th day of Sept. , 2003. Susan D. Stahl (Typed Name of Notary) My Commission Expires: 4-30-2004 Notary Public QwvvuFN90N VILLAGE Exhibit 1 NET FISCAL BENEFIT STEPHENSON VILLAGE 23 Years (2003 •2025) New Tax Rate Old Tax Rate 10,000 $0 SOURCE: Robert Charles Lesser & Co., LLC Frederick County VA Model -RR 11 cents increase.xls-OrG9p� Ex 1 9.00 Printed: 4/24/2003 Page 1 of 1 ROBERT CHARLES LESSER & CO., LLC STEPHENSON VILLAGE CATEGORY REVENUES Real Property Taxes Personal Property Taxes Sales Taxes BPOL Taxes Miscellaneous Revenues Educational Revenues TOTAL EXPENDITURES TOTAL NET FISCAL IMPACT Exhibit 2 SUMMARY OF FISCAL IMPACT ANALYSIS PROPOSED REZONING WITH NEW TAX RATE STEPHENSON VILLAGE FREDERICK COUNTY, VIRGINIA 23 Years (2003 - 2025) $100,703,000 $48,193,000 $11,264,000 $2,608,000 $25,948,000 $64,7411000 253,457,000 $ 215, 326,000 $38,131,000 23-YEAR TOTAL 100% Frederick County VA Model -RR 12 cents increase.xls-Sure-9RZ Ex 2 04-9.00 Printed: 4/24/2003 ROBERT CHARLES LESSER & CO., LLC Page 1 of 1 STEPHENSON VILLAGE $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,OOC $10,000,00( $5,000,00( $1 Exhibit 3 SUMMARY OF FISCAL IMPACT ANALYSIS PROPOSED REZONING WITH NEW TAX RATE STEPHENSON VILLAGE CUMULATIVE NET FISCAL BENEFIT rn O 00 00 00 O O O O NO O O O O O O O O O O O O O ON N N N N N NN N N N N Frederick County VA Model -RR 12 cents increase.xls-cumuog4 9p2h--9x0 Printed: 4/24/2003 ROBERT CHARLES LESSER & CO., LLC Page 1 of 1 STEPHENSON VILLAGE Exhibit 4 ROBERT CHARLES LESSER & CO., LLC SUMMARY OF FISCAL IMPACT ANALYSIS PROPOSED REZONING WITH NEW TAX RATE STEPHENSON VILLAGE ANNUAL NET FISCAL IMPACT YEAR REVENUES EXPENDITURES NET FISCAL IMPACT (NFI) CUMULATIVE NFI Nid 18 2003 $178,611 $0 $178,611 $178,611 2004 $194,130 $0 $194,130 $372,742 2005 $780,873 $549,448 $231,425 $604,167 2006 $1,861,105 $1,534,792 $326,313 $930,480 2007 $2,673,034 $2,426,963 $246,071 $1,176,551 2008 $3,831,270 $3,464,654 $366,616 $1,543,167 2009 $4,975,512 $4,527,485 $448,027 $1,991,194 2010 $6,302,421 $5,672,483 $629,938 $2,621,132 2011 $7,950,051 $6,980,470 $969,581 $3,590,713 2012 $9,027,539 $8,046,592 $978,947 $4,569,660 2013 $10,796,661 $9,246,504 $1,550,157 $6,119,817 2014 $12,286,946 $10,324,698 $1,962,248 $8,082,065 2015 $13,651,704 $11,482,337 $2,169,366 $10,251,431 2016 $14,602,140 $12,420,531 $2,181,608 $12,433,040 2017 $15,344,809 $13,147,752 $2,197,056 $14,630,096 2018 $15,992,915 $13,767,932 $2,224,983 $16,855,079 2019 $17,035,864 $14,467,514 $2,566,350 $19,423,429 2020 $17,748,046 $15,009,178 $2,738,868 $22,162,297 2021 $18,249,868 $15,459,453 $2,790,415 $24,952,712 2022 $18,792,098 $15,923,237 $2,868,861 $27,821,574 2023 $19,354,436 $16,400,934 $2,953,502 $30f775,076 2024 $20,521,239 $16,960,882 $3,540,357 _ $34,315,43 Frederick County VA Model -RR 12 cents increase.xls-Ann Sum-RZ-Ex 4 04-9269.00 Page 1 of 1 Printed: 4/24/2003 STEPHENSON VILLAGE Exhibit S PUPIL GENERATION RATES BASED ON HOUSING TYPES AND ACTUAL ENROLLMENT RCLCo RATES BASED ON U.S. CENSUS DATA FREDERICK COUNTY, VIRGINIA RCLCO ESTIMATE FREDERICK CO. ESTIMATE OCCUPIED UNITS PUPILS PER PREDICTED PUPILS PER PREDICTED PUPILS AREA 20001/ UNIT PUPILS UNIT 2/ av HOME TYPE ac N FREDERICK COUNTY, VIRGINIA 9,110 0.7000 11,719 Single -Family Detached 16,741 0.5442 0.5400 1,011 Single -Family Attached 1,872 0.2908 544 0.2300 301 Multifamily 1,309 0.1564 205 1,184 0.2300 500 Mobile Home 2,175 0.5442 11,043 13,531 Predicted Pupils 10,676 10,676 Actual Pupils 3/ 127% 103% Predicted as % of Actual 1/ 2000 US Census 2/ Frederick County 3/ Frederick County Public Schools SOURCE: US Census; Frederick County; Frederick County Public Schools; RCLCo Pupil Generation Frederick.xislPupll Generation 04-9169.00 Printed:4/14/2003 ROBERT CHARLES LESSER & CO. Page t of r STEPlHENSON VILLAGE Exhibit 6 EVALUATION OF RCLCo AND COUNTY PUPIL GENERATION RATES (FROM EXHIBIT 5) BASED ON FREDERICK COUNTY BUILDING PERMITS FREDERICK COUNTY, VIRGINIA RCLCO FACTORS FREDERICK CO. FACTORS PERMITTED PUPILS PREDICTED PUPILS PER PREDICTED AREA UNITS PER PUPIL PER PUPIL INCREASE HOME TYPE 1996-2001 1/ UNIT INCREASE UNIT 21 1996-2002 mu awupwim FREDERICK COUNTY, VIRGINIA Single -Family Detached 3/ 2,570 0.5442 1,399 0.7000 1,799 Single -Family Attached 3/ 454 0.2908 132 0.5400 245 Multifamily 474 0.1564 74 0.2300 109 Mobile Home 598 0.5442 325 0.2300 138 Predicted Pupil Increase 1,930 2,291 Actual Pupil Increase 2/ 1,048 1,048 Predicted as % of Actual 184% 219% 1/ Frederick County 2/ Frederick County Public Schools 3/ Assumes 85% of permitted single-family units are detached. SOURCE: US Census; Frederick County; Frederick County Public Schools; RCLCo ROBERT CHARLES LESSER & CO. Page I o/ I Pupil Generation Frederick.xlslPupil Generation (Permit) 04-9269.00 Printed:4/24/2003 u � v -17 �/ /� wETLArros INTERMEDIATE RAVINE CHANNEL LINEAR PARK TRAIL — I WATT PUN S. — c LAND BAY BREAKDOWN LAND BAY LAND USE ACREAGE % RANGE OF HOUSING UNIT TYPES MIN. MAX. I ELEM. SCHOOL 20 Ac. t/- NA NA II COMMUNITY PARK (6 baseball fields & 6 soccer fields) 24 Ac. t/- NA NA IIICONVENIENCE / COMMERCIAL/DAYCARE 7475 Ac.+/ NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 TOWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULTIFAMILY: Condominiums, Elderly Housing, Housing Unit Type —Cottage House & RP District Duplex, Multiplex, Atrium, Garden Apartment & Active Adult) 7 30 IV ACTIVE ADULT: F ) (Housing Unit Type 1,2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3—Cottage House) 126 Ac.+/— 30 53 y COMMERCIAL CENTER I (Retail, Office & Public Service Satellite Facility) c. + — NA NA SEE NOTES ADDRESSING ABOVE CHART IN PROFFER 3. USES, DENSITY & MD(OF HOUSING TYPES A. (2) (1-4) cs Z N Q O O W � Co W N :r Z om I N to N pI 00 LU o m IM �a F 0 0 w v�i 4 O O r X - - N 7 w_ F- p co F- N � U) U �Ln F 3 U m m U 0 Fr X Q w a w m LL a LL O z 5 Z z z 5 LU �0Z In ZZ6 z (n D z WQp0U o I=-ILd5oz 5 W z E-+ E- W F--i N U Aa o r4 7 w -o 1.� A � U d F-i-1 d W z rlo z w V1 DATE: SEPT 3, 2003 SCALE: 1 "=1000' DESIGNED BY:1DS/JNT JOB NO. 2760C SHEET 1 OF 1 cm W N N w W Z I cS RTE.761 OLD CHARLES Q �n ACCESS ROAD -� ACCESS ROAD j JR. SOCCER FIELDS PAVED PARKING TYPICAL p�Q soCG�A u m o0o a L �L( F/F4O o � �• �;I I SCHOOL I --- - --- ---- 4 z 5 - Z Z lz g ,/ PAVILLION ` OVERFLOW PARKING TYPICAL <� z N g W QQ W Q cj ~ a-Z 5 SERVICEIEMERGENCY ACCESS ROAD MAJOR U O ��• ,,,�� COLLECTOR ROAD E-. v U) _ `R O0`cTo O 9 \ \90 O o z F x ^' o a z F+ 04 zul W \ DATE: MARCH EMS SCALE: 1'=126' DESIGNED BY: MPR HIM, ' uYom rob THE BCROOL/PARE RITE 0 wNc�rua um roR RtusrRATrvs PURP09BE wnx. TIM ro i=N OR QR ATION OY THE nC WIMUa uNORAYE AND/0R T= AR90CI = COM70NENT9 WY HE RDCMILY ILTER® TO BEPIEI.T JOB N0. 2780C SHEEP I OF 1 MORE ACCIIRRE ENGR!®Q1G. / �♦ r I�� a EM • Fla / GDP LEGEND .0 Lem MAJOR COLLECTOR ROAD 4 INTER PARCEL CONNECTIONS NOTE: THIS Olud—FIED OEVELOlMEM FLAN N [ONCEFNAL ANDFORILLUSTSATIVEPUR 014LY, THEFWAL LOCATION oeoYENTATaH — aTIIEwutSLANDunwAHGTxeu AssocuTEo coARDNe . NAr es uunv uTEBeD To IEFLFLT NDeE A—. ENOB1EEAmG. I COMMUNITY LLEM.OR r MAJOR CG RECREATION / CENTER F� IIISAMUEL BYERS LANDMARK 8 (;` ,6�'fA 34-1124 / V � wErurros INTERMEDIATE RAVINE CHANNEL t III LINEAR PARK / OPEN SPACE TRAIL HIATTRIIN HIATT RUN :// /7.. HIATT RUN CORRIDOR MAJOR COLLECTOR i y�i� 55l j,i'({ I 1n11) 1417 ; �ACITV9 ADU¢T d FJI ';%ReCRBATto- CENTER iit I. 4�M `1i M �F IV II — 0! LAND BAY BREAKDOWN LAND "No uEE ACREAGE x RANGE Gr DAY 1 NI PRR G 20 A.. + - NA NA 11 COYYUNITY YARN 24 AG. + — NA NA 6 OooWall Rid. k 8 BBacN RNdB ul 0 1 475 Ac. + - 7 Ae.+/- NA NA CONVENIENCE COMNERCJAL/OAYCARE Housln Unit Typo 1.2.4.5. RP Dlslrlcl SFD k Acllvs Adult30 S3 ONTIHOUSE H ;Jng Unit Type 8 dr RP Dlstrlcl Townhouses10 30 UL71FAMILY: 7 30 Condominlume, Elduly Hauelny, Hauelny Unll Type -CBtla4e Houee k RP Dlslrlel GOP]. , Mullpllo, lrk m, Owden Apartmmi • Actlre Adult ry ACTIVE AoIµTF 126 Ac.+/— 30 53 FO (Flouting Wit Type 1,2, • 5) ullllanitly (Candomhiume, Eldwly Housing. Houelny nll Type 3—Collage Hauee) OoYYERCYI CENTER e. — NA NA y (Relatl, ONlce Jt PuDIIc S-A.. Salelllle Faclll SEE HOTEL ADDEESSMO ABOVE CNAPT M 1BOffE1 F. USES. DENSITY A NIX OF HOuSMO TYlES A IH(I+) �W U cn p 4 U) a W rT, �W f.7 LwL OK - l� DATE: 8SP1' S, 20a9 SCALE; 1�-1000i DESIGNED BY:MDS/JNT JOB NO. 2960C SHEEP 1 OF 1 �j en b f ce VC School uccetV;'c-, .7Pc C-"a-s v S-lll f OFF 7) t ///a cAS, } � ('V-C (-eS J d� irkQ, COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678 -0682 February 16, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Continents - Snowden Bridge Boulevard Frederick County, Virginia Dear Kurt: Upon review of the subject subdivision plan, we offer the following continents: 1. Clarify the installation of the BMP Forelays in conjunction with the sediment traps. Your plan indicates the use of gabion baskets for the forelay outlets. Provide details of the proposed gabian units. 2. Provide details and specifications of the erosion matting proposed for use in several of the proposed ditches in accordance with VESCH Standard 3.36. 3. Provide outlet protection design including details and dimensions on the plan for all culverts in accordance with VESCH Standard 3.18. review. Once these conunents have been addressed. submit one (1) set of the revised plan for further Sincerelv, 0U-1 _L-4 ce C. Wilder Deputy Director JCW/rls j cc: Mark Cheran, Zoning and Subdivision Adnumstratol �� file F E B 2 1 C:\Program Files\wordPerrect Orrice Il\Rhonda\TEi'IPC(:)i�Ii\TENTS\SN0\1'DENBRIDC;ESUI3L\'DCOi\I.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK February 16, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Snowden Bridge Section I Frederick County, Virginia Dear Kurt: Department of Public Works 540/665-5643 FAX: 540/678-0682 F E B 2 1 2006 Upon review of the subject subdivision plan, we offer the following comments: 1. Due to the critical nature of protecting the delineated wetlands, it will be necessary to install wire reinforced silt fence in conjunction with all of the other proposed sediment control measures units along the areas that drain directly to the wetlands. 2. You have proposed the use of a DI-12 drainage structure. Provide a note on the plan that the county requires the use of a type I1 grate for safety purposes. Please note that the opening of a type I grate is wide enough to allow someone's foot to slip in which, in turn, could cause an injury. 3. Provide a detail of the gabion outlet structure shown on page 16 of 34. Also, on page 17 of 34, it appears that the use of a gabion outfall structure located adjacent to Lots 33 and 34 is proposed; label the plans accordingly. 4. All areas in which drainage collects from more than three (3) lots, shall be placed within a platted drainage easement. In addition, all of these drainage areas shall have a minimum two (2) percent slope to eliminate standing water in these areas. 5. There is a discrepancy between the numbers on the outlet protection chart provided on page 8 of 34 and the storm sewer numbering on the plans. Additionally, the dimensions do not match those reflected on the storm sewer profiles. Provide outlet protection dimensions on the plan in accordance with VESCH Standard 3. IS and verify the actual numbering of the structures. 1.07 North Kent Street o Winchester, Virginia 22601-5000 Snowden Bridge, Section 1 Comments Page 2 February 16, 2006 Once these comments have been addressed, submit one (1) set of the revised plan for further review. Sincerely, �d Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file C:AProgram Files\WordPerfect Office 11\RhondaATF.NIP(.'O\IAiENTS\SNONNI)ENBRIDCESECICON,I.,,cpd F E B 1 7 2006 COUNTY of FREDERICK 11 February 14, 2006 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Snowden Bridge Stormwater Management Plan Frederick County, Virginia Dear Kurt: Department of Public Works Upon review of the subject plan, we offer the following comments: 540/665-5643 FAX: 540/ 678-0682 The storm water analysis appears to meet the county's stormwater requirements. Provide the location of the channel cross-section that was used to perform the channel adequacy review on the plan. The channel analysis indicates a velocity of 7.12 feet per second. This velocity will erode a grass lined channel. Indicate the type of existing channel lining and provide a channel lining that will not erode within the existing channel. It will be necessary to obtain a drainage easement from the downstream property owners in order to perform any downstream channel improvements. 2. In the sequence for development of the site, the first step shall be construction and installation of the proposed stormwater facility. It will be necessary to subunit an engineered design report for construction of the entire structure for our review and approval. In addition, it will be necessary to obtain a building permit for construction of the concrete dam. Provide copies of all applicable wetlands and stream crossing its, etc. As a matter of record, the Department of Conservation and Recreation (DCR) requires that a construction stormwater permit be obtained for any land disturbing activity that is one (1) acre in size or larger. We recommend that you contact the DCR's Richmond Office to obtain this permit. This permit is separate from the one which is issued by Frederick County, but will be required prior to our issuing a land disturbance permit. 4. Certification and as-builts from a Virginia Professional Engineer shall be submitted to this department for review and approval once the stormwater facility has been constructed. 107 North Kent Street a Winchester, Virginia 22601-5000 Snowden Bridge Subdivision and Stormwater Management Comments Page 2 February 14, 2006 Development of the remainder of the site may commence once the stormwater certification and as-builts have been approved by this department. Once these comments have been addressed, submit one (1) set of the revised plan and the required calculations for further review. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Mark Cheran, Zoning and Subdivision Administrator file C:AProgram Files\WordPerfect Office.11\Rhonda\TENIPCONiN1ENT S\SNOWDENBRIDGESIIS\vCONl.wpd Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 20, 2005 Greenway Engineering Attention: Mark Smith 151 Windy Hill Lane Winchester, Virginia 22602 RE: Stephenson Village — MDP 407-05 review comments Dear Mr. Smith: I have had the opportunity to review Master Development Plan (MDP) for Stephenson Village 407-05, submitted to this office on December 13, 2005. Please address the following comments: • On Sheet 1 of 19, the owner's signature block needs to be signed and dated by the owner to reflect the revised MDP submitted December 13, 2005. Please resubmit with an accurate cover sheet. • On Sheets 12, 13, 17, and 18 of 19, please remove Part B from the MDP. The County is prepared to approve Part A. but without Part B, which will be left out of the approval process until a later time. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Bernard S. Suchicital Planner I BSS/bad Attachment cc: Stephenson Associates, LC, PO Box 2530, Winchester, VA 22604 Brookfield Stephenson Village, LLC, 8500 Executive Park Ave., Ste. 300, Fairfax, VA 22031 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Public Notice U.S. Army Corps of Engineers, Norfolk District November 11, 2005 CENAO-TS-G 05-V1518-40 FEDf RAL PUALIC NOTICE The District Engineer and the Virginia Department of Environmental Quality have received a joint application for Federal and State permits as described below: APPLICA\i i' Brookfield Stephenson Village; LLC Attn: Mr. Richard T Denuler 10687 Gaskins Way ivtanassas, VA 20109 WATERWAY AND LOCATION OFTHE PROPOSED \k'QRh: The project is located on an approximately 795-acre parcel southeast of the intersection of Route 662 and Route 76 I near Stephenson in Frederick County, Virginia. The work will occur in Hiatt Run and other tributaries. PROPOSED WORK AND PURPOSE: The project consists of the discharge of fill material into waters of the United States associated with the construction of a residential planned development. The project is called Stephenson Village. Approximately 1.0 acres of .jurisdictional waters of the United States, comprised of 0.61 acre palustrine forested wetlands. 0.16 acre palustrine scrub shrub wetlands, 0.2 acre palustrine emertient wetlands. 0.03 acre ponds, and 2378 linear feet of stream channels, will be impacted by the proposed work. The work includes approximately 2465 residential housing units. a commercial center, a public school and public ball fields. On -site mitigation is planned to compensate for impacts to wetlands and streams. In addition to the required Department of the Array permit, the applicant must obtain a Virginia Water Protection Permit from the Virginia Department of Environmental Quality (DEt 1) assuring that applicable laws and regulations pertaining to water quality are not violated. A vicinity map and project plans are attached. This public notice and the drawings can also be viewed at http_',`�tiAN'\ti�.nao.usace.army.milfRegulatorv.,PN:'PN.htn-il. AUT'I-IORITY: Permits are required pursuant to Sections 401 and 404 of the Clean Water Act (Public Law 95-217) and Tide 62.1 of the Code of Virginia. FEDERAL EVALUATION OF APPLICATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including CUmulative impacts of the proposed activity on the public interest. The decision will reflect the national concern for both protection and utilization of important resources. The benefits that reasonably may be expected fron} the proposal must be balanced against its reasonably foreseeable del.riments. ;1.11 of the j}I'C}1}o5.31`S relevant factors will be considered, including conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use classification, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property mvnership and, in general, the needs and welfare of the people. The Environmental Protection agency's "Guidelines for Specification of Disposal. Sites for Dredged or Fill Material" will also be applied (Section 404(b)(1) of the Clean Water Act), The Corps of Engineers is soliciting comments from the ptiblic; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the. impacts of this proposed activity. any comments received will be considered by the Corps of Ene,inecrs to determine whether to issue, modify, condition or deny a permit for this proposal. i'o make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Fnvironmental Assessment andi«r an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Anyone may request a public hearing to consider this permit application by writing to the District Engineer within 30 days of the date of this notice.. stating* specific reasons for holding the public hearing. The District Engineer will then decide if a hearim,. should be held. Preliminary review indicates that: (1) an environmental impact statement will be required; (2) no species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and (3) known properties eligible For inclusion or included in the National Register of Historic PIaces are in or near the pe nilit :area find would i:Ikel ' be affected by the proposai. 1 tic permit area is limited, to the impact areas on the project site. Additional information might change any of these findings - COMMENT MENT PERIOD: Comments on this project should be: made in writing, addressed to the U.S. Army Corps of Engineers -Norfolk District. Northern Virginia Field Office, 15139 Trian�gle g Plaza, Suite 213, Dumfries, VA 22026, and should be received by the close of business on December 21, 2005. If you have any questions about this project or the permit process, please contact ' Ir. Ron Stouffer at 703-221-6967. FOR THE. DISTRICT ENGINIEER: Bruce F. Williams Chief, Northern Virginia Regulatory Section Enclosures N l_J •k_ I i ., P 1 fir, r, Sr F. 71* - xt# Run" - `,c,�"''-f „r:�'= ,��1�T.�,• I Center Omrdinut". 39' 1 V 13" N ?K" ifh' la' W i "tource: USES Stephenson. and Winchester, VA '? i' Topu Quad Clap. 4cule: I inch = 2Olm feet stephcn,oll Village I'lall"c i Residenlial C omnlultit% Frederick County. VA If e-'A I TIE P.N,V f I V PS 5040 Inverchapel Wiwi Springiicld, VA 21151 Figure 2 Topographic Map June 20115 14 �•, .T S�r�-!! .�,� >, �!.�f. k �- y .e ti i .AA f �• ,f tit? .�.,. ��`�` ., i.,t, ,.� JI- IOA • h � f . Ww� l i _IV, plit 11 DA i i r 'k�/J •.,+'. - . � ulwr :4 `, � X Fi. s i{}'�`g � .� . n. ,Sa t i� 1 � +ww '., 'ii��7��ait'""tZ•'J� ..c,.:a 2 1 4 ' �... - tY • it vita: d ;flip +/•r y. L/ .. : .1, �.�.yr `' ry . 1 .1:'• Yt, � � b4 ;1 S rr ,yam Y•U YtM DA#3 �' P� `1 f 1' .. a• "��7i 7 - �� 1 a.• •W AY 1• ii .. it '.a / r`... `' k N .*rf� '� �•' - ;1•, /WAY 1t�.y�• 1I (( - "Y• Y il. r _ _� .M f r —. _i ..•,.��., ...+a"�•}� tin . k_.. r ...� .� n.:r w e.a v 0 ANVII ANn4-. ; WATFRA, t'VRMANEN'r IMPACTS )ITINicil Number I )a ROM IW,,t I -Tm I Wetland Sti-cam Uypc IrT1pac1(,qftt I'sp Stream lb Road 55 If- 2 Con t 3a Fill i,lt0 ISOLATED ISOLATED 3b ;.-ka Rml Vill Fill (705) ISOL,4�Tr�,f) ISOLATED Intermittent Antermittm -',6 if ?0 If I 5b 17 Road Road 507 'E'EN{ golf !8 10a 10b Fill 7 p C *Lvl 75 If I I 12: SJ61 PR-IePFb4' 13 Rftd, -.3,boy PEW tritchiftmit 60 if 14 Fill C11C 0 MNl Interminclu 16 hAmlittent 60 If 17 Is cm sma w PERENNIAL 78 lt !j F;ll 073 Road_ _.._._._._�7i6 _ PSS.'PF,f�t - P — - -- . Fill 5'ri 1 K1.110 staiinnviter %Igl PERE-41, 1 f FillImmittem 17: It' 20 _ 2-, --j 24a -24b T23 If --P,,Dad 2Dn g� (139 If) 111(ermilto)t 1 250 if 81 Fill 1 74" p F 'M ITIWrihent l"i it' —IF 74; 7�- 29 Flu (2367) PF—M ISOLATED 1 30 conspal- I Intumillcm 150 If 33a .33b 36 i Fill W, 7 Wed Fill l.521 Road Fill 2.534 [IFNI 724 Fill: T(YrAL Wcflanti:. 22j,i I Weda-I.is 1.447 pss 7 P Sll.--� PFC) PH )P;,I! A lie f I t?tn "'ienak.- 12.48.1 i:r i7 ;,(I i;g 61 RTd�A'FS ry . F COMMUNITY RECREATION T CENTER S` LBYERS �/�/'//;/j�/�/ MARK # / / l �. ✓ /1 �/rs / l -1124 �. WETLANDS INTERMEDIATE f RAVINE CHANNEL 3.5 +/- ACRES ` AREA NOT TO / BE REZONED OPEN SPACE HIATT RUN HIATT RUN O o 0 00 ' an 00 GDP LEGEND MAJOR COLLECTOR ROAD INTER PARCEL CONNECTIONS NOTE: THIS GENERALIZED DEVELOPMENT PLAN IS CONCEPTUAL AND FOR ILLUSTRATIVE PURPOSES ONLY. THE FfNAL LOCATION OR ORIENTATION OF THE INDIVIDUAL LANDBAYS AND/OR THEIR ASSOCIATED COMPONENTS MAY BE SLIGHTLY ALTERED TO REFLECT MORE ACCURATE ENGINEERING. F III 0ftk LINEAR PARK III CORRIDOR / MAJOR COLLECTOR ROAD t ACT NE ADULT RECREATION CENTER IV P° HIATT RUN wj c /A LAND BAY BREAKDOWN LAND BAY LAND USE ACREAGE % RANGE OF HOUSING UNIT TYPES MIN. MAX. 1 ELEM. SCHOOL 20 Ac. +/- NA NA 11 COMMUNITY PARK (6 baseball fields & 6 soccer fields) 24 Ac. +/- NA NA III MIXED RESIDENTIAL: 475 Ac. t/- ONVENIENCE COMMERCIAL/DAYCARE 7 Ac.+/— NA NA FD (Housing Unit Type 1,2,4,5, RP District SFD & Active Adult) 30 53 TOWNHOUSE (Housing Unit Type 6 & RP District Townhouses) 10 30 ULTIFAMILY: Condominiums, Elderly Housing, Housing Unit Type —Cottage House & RP District Duplex, Multiplex, trium, Garden Apartment & Active Adult) 7 30 IV ACTIVE ADULT: FD (Housing Unit Type 1.2, & 5) ultifamily (Condominiums, Elderly Housing, Housing nit Type 3—Cottage House) 126 Ac.+/— 30 53 y COMMERCIAL CENTER I (Retail, Office & Public Service Satellite Facility) c. t — NA NA SEE NOTES ADDRESSING ABOVE CHAR IN PROFFER 3. USES, DENSI IY & MIX OF HOUSING TYPES A. (2) (1-4) cs z Q O 0 W `D W w Z �m �m � ro nz �W �Lo W �4 � p U IC EU-F n m m m o 0 b� I3p1 rA m m N m noon_ n W rr � tlpQ (N(pp W H W Q a 0 u) W D H w U O O 3 U o O W LL M a L Ir LL Q z z 5 z z z z 5 C) Qzzz LD � z w Z Qp 0 5 Uo I=-CLCZ5C3z 5 z a z E-�/� Vl W Qa 1--I 0 j�P 9 F� V) �D O Q O'—' r, 0U N W � W DATE: SEPT 3, 2003 SCALE: 1 "=1000' DESIGNED BY:MDS/JNT JOB NO. 2760C SHEET i OF 1 BROOKFIELD STEPHENSON VILLAGE, LLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County without effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 12te Board meeting. We mill continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VILLAGE, LLC Robert C. Hubbell, Manager Enclosures f PKill wa,:.,, d�la►,� .� uel�Af } , LO as `\OW CHARLEB � WW RD. IRT. 811 rt, J, `bRn Grp A. ry 31. Sim 's ' SPA vg, mum r 1 Brookfield Stephenson Village LLC 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property far a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase 1 Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Board of Supervisors Public Meeting Prepared: November 4, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Continued discussion to 08/17/05 Planning Commission: 08/17/05 Recommended Approval Board of Supervisors: 09/28/05 Postponed by Applicant 10/12/05 Postponed for up to 60 days 11 /09/05 Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) ZONING & PRESENT USE OF ADJOINING PROPERTIES: Use: Unimproved North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential MDP #07-05, Stephenson Vii �e November 4, 2005 Page 2 PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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 Count* Fire Marshal: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authority: 1st review —no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP 407-05, StephensL tillage November 4, 2005 Page 3 Geographic Information Svstems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick Countv — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as shown in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP 907-05, Stephenson Vi. ,e November 4, 2005 Page 4 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. As of November 3, 2005, staff has received a revised MDP that depicts Phase One broken up into a Part A and a Part B. No figures have been provided at this time to indicate how many residential units will be dispersed between to the two parts. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles. Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of MDP 407-05, Stephens( Tillage November 4, 2005 Page 5 commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (934-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and MDP #07-05, Stephenson Vil' November 4, 2005 Page 6 historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allow others to remove it should an interested party be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP #07-05, Stephens( tillage November 4, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants' complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and II, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: 1. Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. _Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path along the entire road length. The preliminary MDP does not provide for these features along the entire road length. MDP #07-05, Stephenson Viz e November 4, 2005 Page 8 ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residences of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. 0 The applicant has adequately addressed the Cross Cannon issues. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP: Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. • The applicant has sufficiently addressed these issues. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. PLANNING COMMISSION SUNBtARY & ACTION OF THE 07/20/05 MEETING: The applicant believed that all of the issues raised by the staff, including the provisions of the water and sewer connections from the Stephenson Village site to the public school and public park sites, have been addressed, with the exception of providing the Rt. 37 right-of-way through this project. It was the applicant's opinion that Alternative C, the Rt. 37 alternative adopted by the Board of Supervisors in 1992 and identified in the Comprehensive Policy Plan, was not going to be successful because of events that have occurred since its adoption. The applicant stated that the MPO has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four -lane, divided and controlled, managed -access highway. The applicant presented a conceptual design, which preserved the location of Rt. 7 and the new interchange at I-81, and utilized the existing alignment shown for Alternative D of the 1992 studies. The applicant requested that the MDP 407-05, Stephens( 'illage November 4, 2005 Page 9 Commission consider this new alternative. The applicant noted that the Rt. 37 right-of-way was not proffered in text or committed to on their GDP when the rezoning was approved; the applicant stated that they were not in a position to provide the right-of-way for the Rt. 37 Alternative C. One citizen came forward and stated that they waited to build their home, back in the 1990's, until the Board of Supervisors had made their decision on a route for Rt. 37; he said the alternate route now described by the applicant goes directly through his home. In light of the applicant's proposal and the need to study the information presented, Commissioner Gochenour made a motion to table the rezoning. This motion was seconded by Commissioner Straub. A vote was not taken, however, due to the 11:00 p.m. mandatory adjournment required in the Commission's By -Laws. The Chairman announced that continuation of the consideration of this MDP would be rescheduled on the next available agenda. PLANNING COMMISSION SUADIARY AND ACTION OF THE 08/17/05 NIEETII�TG: The motion to table was withdrawn so that discussion could continue on this item. Five citizens came forward to speak in opposition to any proposed realignment of the Route 37 corridor from what was already approved by the Board of Supervisors. All five residents said that their homes and property would be impacted by Alternative D. The Chairman announced that there has not been any public study or discussion of a realignment of Route 37 from the approved Alternative C by the Board. The applicant contended that the MDP proposed is in compliance with the proffers and the GDP approved with their rezoning in 2003. The applicant said they would be willing to add a narrative to the MDP recognizing that based on what was approved in their rezoning, they are in compliance; however, the applicant would offer the community up to an additional 12 months to consider a realignment issue and would be willing to commit not to develop within the Phase I area that falls within this corridor until such time as either the 12-month window has expired or another agreed -upon date. The applicant added that funding for Route 37 remains uncertain. Commissioners discussed whether the applicant was in compliance 'with the Comprehensive Policy Plan by not depicting Route 37 Alternative C on their MDP. They also debated the implications of approving a MDP that did not provide future right-of-way for Route 37. The Planning Commission's legal counsel believed the Commission had the right to require that something of this magnitude be precisely shown on a MDP. Other members of the Commission questioned how the applicant could have proceeded so far in the application process without adhering to the County's expectations for Route 37, Alternative C, to be shown. The staff commented that the only change in the status of Route 37 over the last 12 years was that it was not on the funding list in the Primary Road Improvement Plan for a year; it had always been in the Comprehensive Policy Plan, the Eastern Road Plan, the WATS Plan, and it is still in the MVO Plan. Commission members believed that the MDP needed to meet Comprehensive Policy Plan requirements before it goes any further; however, other members pointed out that this MDP is in MDP #07-05, Stephenson Vie e November 4, 2005 Page 10 l conformance with the Board of Supervisors' rezoning, with the guidance that was given at the time, and the proffers. A motion was made to recommend approval of the MDP with the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. This motion was seconded and passed by the following majority vote: YES (TO REC. APPROVAL): Straub, Morris, Thomas, Ours, Kriz, Triplett, NO: Watt, Unger, Light, DeHaven ABSTAIN: Gochenour (Note: Commissioners Manuel and Wilmot were absent from the meeting.) BOARD OF SUPERVISORS' SUMMARY AND ACTION OF THE 10/12/05 MEETING: Ten residents of the Stonewall District came forward to voice their opposition to any change in the Alternative C alignment for Route 37. The residents were concerned that any change in the approved Alternative C alignment would affect retirees and existing homes; several of the residents stated that they waited to build their homes or to make other life decisions until the route for Route 37 was finalized. One of the residents emphasized that Route 37 was essential to address long-term transportation needs, but did not believe it was appropriate to impact residents not previously affected by Alternative C; he believed a decision on the master development plan should be delayed until the Route 37 issue was resolved. The Executive Director of the . Shenandoah Valley Battlefields Foundation stated that the Alternative C traverses a substantial portion of the Second and Third Winchester battlefields; he believed the Board should consider the applicant's proposed alternative for the Route 37 corridor, or any other available options, in order to preserve these properties. A member of the Board believed a legal opinion should be sought concerning the Board's authority to change a proffered rezoning. Another Board member asked VDOT's Resident Engineer if he had considered the applicant's proposed alternative and if it would be possible to work with the applicant and staff on an alternative route. VDOT's Resident Engineer replied he would need at least 60 days to consider any alternatives. Another member of the Board asked the MPO's transportation planner about their study process and modeling. The MPO's transportation planner stated that a lack of access was the primary issue for Route 37. The County's Planning staff offered to work with VDOT and the MPO to study possible alternatives. The Board recognized that another option for the Route 37 corridor may be available, if the Board wanted to explore it. Since Route 37 was in the Comprehensive Policy Plan, the Board wanted to see the original corridor or a workable alternative in the subdivision before they would approve the master development plan. It was suggested that the lower portion of the property be studied for an alternative route. Specifically, the Board needed to see if the alternative could fit within the proposed alternative area and how the alternative would go through undeveloped properties. MDP 407-05, Stephense `Tillage November 4, 2005 Page 11 A motion was made by Supervisor Tyler and seconded by Supervisor Forrester to grant staff administrative approval authority of the master development plan with the understanding that the developer has offered a two-year period to study the southern boundary for a possible alignment for Rt. 37. This motion failed, however, by a majority vote against the motion. Another motion was made by Supervisor Dove and seconded by Supervisor Ewing to postpone MDP 407-05 for up to 60 days in order to give the applicant, the County staff, and VDOT an opportunity to work on a mutually -acceptable alignment for Route 37 in Stephenson Village. This motion was approved by a majority vote. STAFF CONCLUSIONS FOR THE 11/09/05 BOARD OF SUPERVISORS MEETING: Since the Board's last action on October 12, the applicant has come in with a revised MDP for Phase one. According to the November 3Td letter from Brookfield Stephenson Village, LLC, regarding the latest rendition, the applicant has proposed dividing this Phase of the MDP into two parts, Part A and Part B; Part A for the northern half, and a Part B for the southern half of Phase One. Based on the applicant's November 3Td letter, the proposed alignment C of Route 37 would be clearly located outside of Part A. The new sub -phase line lies within the Alternative C alignment of Route 37, therefore still showing Part A to contain future development along the Route 37 corridor. This should be clarified. Staff recommends that the part A/B boundary line be moved further north, so that at least Part A will lie entirely outside of the Route 37 Alternative C alignment. The intent of having a Part A and B is so that Part A will not hamper the Alternative C alignment. It is important to note that this revision is on the summary package created for the Board's review, and will need to be reflected on the main 19-sheet preliminary NMI` which would ultimately receive administrative approval. Staff is seeking administrative approval authority to approve the preliminary master development plan once all aeencv review comments and ordinance requirements have been satisfied. RE: Stephenson Village MDP Subject: RE,, Stephenson Village ivIDP Date: Tue, 4 Oct 2005 07:58:40 -0400 From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: "Eric Lawrence" <elawrenc@co.frederick.va.us> CC: "Kurt D. Pennington" <kpennington@greenwayeng.com>, "Donna Meliso" <dmeliso@greenwayeng.com> Hi Eric, We submitted the most current plan set that provides for the rec amenity breakdown for active adult and the overall community, the extension of ; the sidewalks to Old Charles Town Road and Milburn Road to the limits of the Stephenson Associates property, the extension of water and sewer to the school site and the park site and the extension of Sabot Court to the school site. I wasn't sure if you had previously received this plan set as the staff report was not modified to identify that these comments had been addressed when we were at the Planning Commission. Thank you, Evan -----Original Message ----- From: Eric Lawrence [mailto:elawrenc@co Sent: Monday, October 03, 2005 4:43 PM To: Evan Wyatt Cc: Kurt D. Pennington; Donna Meliso Subject: Re: Stephenson Village MDP frederick.va.us] Hi all. I am in receipt of copies of the MDP. Evan mentioned the intent to submit an updated plan. The revision blocks reference the last revision of 6/30/05. Therefore, these are the same plans previously submitted/considered by the Planning Commission. Could you offer me clarification on what has changed? -Eric Evan Wyatt wrote: > Hi Eric, > Thanks for the heads up. We will submit the updated MDP by the end of > the day to include 25 copies of the summary plan set for Board of > Supervisor distribution and 2 copies of the complete plan set for your > files. > Thank you, > Evan > -----Original Message > From: Eric Lawrence [mailto:elawrenc@co.frederick.va.usl > Sent: Monday, October 03, 2005 11:43 > To: Evan Wyatt; Bernie Suchicital > Subject: Stephenson Village MDP AM > HI Evan. We are finalizing our staff reports to complete the agenda > items for the Board of Supervisors' October 12 meeting. I would request > that you provide any revisions to the Stephenson Village MDP application > package by 5pm today (Monday, Oct 3), so that the revisions may be > incorporated in the Board's agenda package. Revisions received after > 5pm today may not be incorporated into the agenda package. Thanks! 1 of 2 10/4/2005 9:02 AM RE: Stephenson Village MDP Subject: RE: -Steohenson Village MDP Date: Mon, 3 Oct 2005 17:05:55 -0400 From: "Donna Meliso" <dmeliso@greenwayeng.com> To: "Eric Lawrence" <elawrenc@co.frederick.va.us> CC: "Kurt D. Pennington" <kpennington@greenwayeng.com>, "Evan Wyatt" <ewyatt@greenwayeng.com>, "Eric Gottshall" <egottshall@greenwayeng.com> Hi Eric, According to Kurt Pennington, the only revision is the extension of the cul-de-sac into the school site for public access. This comment was overlooked in the 6/30/05 revision set submitted to your office. Thanks for your assistance. Contact us if you need anything else. Donna -----Original Message ----- From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] Sent: Monday, October 03, 2005 4:43 PM To: Evan Wyatt Cc: Kurt D. Pennington; Donna Meliso Subject: Re: Stephenson Village MDP Hi all. I am in receipt of copies of the MDP. Evan mentioned the intent to submit an updated plan. The revision blocks reference the last revision of 6/30/05. Therefore, these are the same plans previously submitted/considered by the Planning Commission. Could you offer me clarification on what has changed? -Eric Evan Wyatt wrote: > Hi Eric, > Thanks for the heads up. We will submit the updated MDP by the end of > the day to include 25 copies of the summary plan set for Board of > Supervisor distribution and 2 copies of the complete plan set for your > files. > Thank you, > Evan > Original Message----- • From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] > Sent: Monday, October 03, 2005 11:43 AM > To: Evan Wyatt; Bernie Suchicital > Subject: Stephenson Village MDP > HI Evan. We are finalizing our staff reports to complete the agenda > items for the Board of Supervisors' October 12 meeting. I would request > that you provide any revisions to the Stephenson Village MDP application > package by 5pm today (Monday, Oct 3), so that the revisions may be > incorporated in the Board's agenda package. Revisions received after > 5pm today may not be incorporated into the agenda package. Thanks! > -Eric 1 of 2 10/4/2005 9:02 AM CITIZEN COMMENTS Chairman DeHaven reminded everyone about the educational forum on regional transportation, sponsored by the Community Consensus Coalition (CCC), scheduled for Thursday, August 25, 2005, at 7:00 p.m. at the Our Health Conference Room. Chairman DeHaven encouraged everyone to participate. PUBLIC MEETING Continuation of Master Development Plan #07-05 of Stephenson Village, submitted by Greenway Engineering, for residential -planned community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), and are located east of Milburn Road (Rt. 662). The properties are further identified with P.I.N.s 44-A-292, 44-A-293, and 44-A-31A in the Stonewall Magisterial District. Action — Recommended Approval with Contingency Chairman DeHaven announced that this item is a continuation of Master Development Plan #07- 05 of Stephenson Village from the Planning Commission's meeting of July 20, 2005. He said this item had to be continued, due to the adjournment requirements of the Commission's By -Laws at the July 20, 2005 meeting. Chairman DeHaven stated the meeting was adjourned with a motion to table on the floor. Commissioner Gochenour withdrew her motion to table in order to continue the discussion. There were no objections and Chairman DeHaven granted Commissioner Gochenour's request. Chairman DeHaven called for any citizen who wished to speak concerning this master plan. Mr. Gary Oates, a resident of the Stonewall District, said that he spoke in opposition, at the Commission's July 20, 2005 meeting, to any change in the approved alignment of Route 37 because he built his home based on the alignment approved by the Board of Supervisors. Mr. Oates said that he was the only citizen present to speak at the Commission's July 20 meeting; however, other citizens were present this evening to speak. Mr. Standish Parker Kugler, a resident at 335 Marquis Court, said that he and his wife moved to this area in 1999 to their retirement home. Mr. Kugler said that he purchased his home and property based on the information he was provided with in 1999 from the County offices regarding the proposed path for Route 37. He said that since that time, they have purchased additional acreage and have made improvements to their property. He said he was alarmed upon hearing that the proposed alignment for Route 37 may change, which would affect his home. Mr. Kugler asked the Commission not approve this new alignment. Mr. Bernie Shwartzman, a resident at 1105 Red Bud Road, was also concerned about any realignment of Route 37. Mr. Shwartzman thought it was presumptuous of the developers to attempt to move the Route 37 corridor depicted in the Comprehensive Policy Plan because it would affect numerous residences along Red Bud Road. Chairman DeHaven announced that while there had been some behind -the -scenes discussion of realignments, there has not been a study or a public discussion of any realignment for Route 37. Mr. Allen Jobe, a resident at 230 Milburn Road, asked for clarification on what the Commission Frederick County Planning Commission Page 1587 Minutes of August 17, 2005 was being asked to do regarding this application and Route 37. Mr. Bob Boden was opposed to any realignment of Route 37 from what was approved by the Board of Supervisors in 1999. Mr. Boden, a realtor, said that real estate listings will be affected if this realignment issue is raised again and property values will be impacted. He asked the Commission to consider the long-time residents and their property values as opposed to increasing the profit margin of a developer. Mr. Evan A. Wyatt, with Greenway Engineering, the design -engineering firm representing Brookfield Homes and Stephenson Associates in this master development plan (MDP), believed that the applicants have addressed, either through plan revisions or other methods, all of the issues identified by the staff with the exception of the staff's desire for the applicant to show the Route 37 location through the project site. Mr. Wyatt said that the applicant still contends that the MDP proposed is in compliance with the proffer and the generalized development plan (GDP) that was approved with the rezoning in 2003. Mr. Wyatt pointed out that the projected corridor alignment referred to as Alternative C does, indeed, go through the area they have identified for Land Bay 3A. Mr. Wyatt said that they would be willing to add a narrative to the MDP recognizing that based on what was approved in the rezoning, they are in compliance; however, the applicant would be willing to offer the community up to an additional 12 months to consider a realignment issue and would commit not to develop within the Phase I area that falls within this corridor until such time as either the 12-month window has gone by or another agreed -upon date. Commissioner Light suggested that Mr. Wyatt seek a Comprehensive Policy Plan amendment, if he desired to move Route 37, Alternative C, out of this project. Mr. Wyatt replied that Route 37, Alternative C, was not on the plan submitted by the applicant for agency review and comments, nor does the MDP show it. Mr. Wyatt said the reason it does not show it is that during the rezoning process, the Route 37 Corridor was not an element of the transportation proffer, in either the form of dedicated right-of-way or construction. Furthermore, the GDP that was approved for the Stephenson Village project, which is a legislative document by the Board of Supervisors, only required the applicant to provide for the major collector road, which goes from Old Charlestown Road through this property and ultimately, through the Omps' property to Route 11. Commissioner Light asked the staff if Route 37 was in the Northeast Land Use Plan of the Comprehensive Policy Plan, if it was in the WAT Study, and if it was in the Eastern Transportation Road Plan. In addition, he inquired if the applicant was violating the Comprehensive Plan by taking Rt. 37 out of the MDP. Planning Staff member, Mr. Bernard Suchicital, confirmed that Route 37 was included in all of the documents mentioned by Commissioner Light and at this time, the application was not in compliance with the Comprehensive Policy Plan. Commissioner Light agreed this application was not in compliance with the Comprehensive Policy Plan. Commissioner Light argued that this applicant went through the process knowing the status of Route 37, Alternative C; he said that everyone knew this, including the purchasers. He added that if this MDP is approved as presented, then the County has essentially removed the north -end portion of Route 37 because there is no other VDOT representation of any other area. Mr. Wyatt said that if a project gets approved without elements of the Comprehensive Plan that are recommended, then that is the way the project is approved. Mr. Wyatt contended that the applicant is not required to construct Route 37. Mr. John Goode spoke next, explaining that he was involved in the rezoning process for this property. Mr. Goode said that back in the year 2000, when this property was depicted in the Comprehensive Policy Plan as industrial, both he and Mr. Donald Shockey met with VDOT because they were concerned how Route 37 might impact their plans for the property. He said that at that time, VDOT had no funding available and no funding was in sight for Route 37. Mr. Goode said that subsequently in 2001, their rezoning request, which Frederick County Planning Commission Page 1588 Minutes of August 17, 2005 was in conformity with the Comprehensive Policy Plan, was turned down. Mr. Goode said this current R4 plan calls for a Comprehensive Policy Plan road, which they are going to construct, however, nothing is in the plan about Route 37; Mr. Goode suggested they may not have been granted approval had Route 37 been depicted in their plan at the time. Mr. Goode said that no one knows for certain whether Route 37 will have funding. Mr. Goode contended that in 2001, when their industrial zoning was turned down, they learned that a rezoning and the ordinance took a higher authority than the Comprehensive Policy Plan. Mr. Goode said that they have a rezoning which does not have Route 37 in it; that is not what the applicant had promised, and they were not going to place something on their plan that, in affect, they left off in the entire year -long process. Commissioner Morris next asked for clarification on one of the staffs issues concerning the major collector road. Commissioner Morris asked the staff if the bicycle path would be included in VDOT's right-of-way. Planning Director, Eric R. Lawrence, stated that staff identified the bicycle path as an issue because they did not find the graphics on the initial master plan submission. Mr. Lawrence said that since that initial submission, staff has determined that a bicycle lane would be on each side of the major collector road; a sidewalk or walking trail will be provided outside of the right-of-way. Returning to the subject of Route 37, Commissioner Thomas said that he did not recall the planned Route 37 location being an issue during either of the rezoning discussions for this property. He said he was surprised to see it in the staffs report; he thought Comprehensive Plan issues were more appropriately dealt with at rezoning. Mr. Lawrence raised two points to be considered: He said that when this rezoning was being considered, the County was concurrently evaluating expansion of the UDA (Urban Development Area) and modifications to the Northeast Land Use Plan. He said that through that land use exercise, the resulting plan was an expansion of the UDA, introducing the opportunity for residential rezoning. He said Route 37 was preserved on the Northeast Land Use Plan, which is in the Comprehensive Policy Plan today; therefore, the corridor was always in the plan, even following the land use study exercise. Mr. Lawrence's second point was that through the R4 (Residential Planned Community) District rezoning of the property, the applicant asked to defer the master development plan (MDP) until a future date. Essentially, in lieu of the MDP associated with rezoning, the applicant offered a GDP (Generalized Development Plan) showing land bay areas and proffered elements and when the MDP was submitted, it would depict how the whole property was laid out. Mr. Lawrence said that according to Code definition, the applicant is required to show all of the roads, the environmental areas, and all of the details of the project on the MDP. Commissioner Thomas replied that he understood the process; however, he was concerned that the process could have proceeded to this point without having at least something in the record that would have stated that Alternative C for Route 37 would need to be included. Commissioner Thomas recalled there being a time when Route 37 was totally taken off the table. Mr. Lawrence said the only change in Route 37 in the last 12 years was that it was not on the funding list in the Primary Road Plan for a year; he said it has always been in the Comprehensive Policy Plan, the Eastern Road Plan, the WATS Plan, and it is still in the MPO (Metropolitan Planning Organization) Plan. Commissioner Light asked the Commission's legal counsel if the Planning Commission should accept a master plan which does not show Route 37. Mr. Lawrence Ambrogi, the Planning Commission's legal counsel, stated that in his opinion, the Commission does not have to accept the MDP; he believed the Commission had the right to require that something of this magnitude be shown and be precise. Mr. Ambrogi said that the Comprehensive Policy Plan is a very strong guide that should be followed as closely as possible and although the rezoning does prevail, a major factor in this MDP is missing. Frederick County Planning Commission Page 1589 Minutes of August 17, 2005 Other Commission members had questions about the status of Route 37 and the possible outcome for considering this MDP without Route 37. Mr. Lawrence stated that if the County wants Route 37 in the Comprehensive Policy Plan, the County needs to determine its corridor and hold firm. Specifically, if Alternative C is the adopted corridor, the County needs to hold firm to that position until a new location is identified. Mr. Lawrence said that if Route 37 is not on the MDP, then it won't be shown throughout the subdivision process and the corridor will not be reserved and protected for future use. Considering all that had been discussed, Commissioner Light moved to deny the MDP; however, this motion died due to the lack of a second to the motion. Commission members believed that the MDP needed to meet Comprehensive Policy Plan requirements before it goes any further; however, other members questioned how the applicant's plan could have proceeded to this point without Route 37. They pointed out that this MDP is in conformance with the Board of Supervisors' rezoning, with the guidance that was given at the time, and the proffers. Commissioner Thomas next made a motion to recommend approval of MDP #07-05 with the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 407-05 of Stephenson Village, submitted by Greenway Engineering, for residential - planned community use with acceptance of the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. YES (TO REC. APPROVAL): Straub, Morris, Thomas, Ours, Kriz, Triplett, NO: Watt, Unger, Light, DeHaven ABSTAIN: Gochenour (Note: Commissioners Manuel and Wilmot were absent from the meeting.) A request for a Subdivision Exception is being sought by Artz & Associates, on behalf of Deborah Dorman Dutcher, property owner, regarding Section 144-31.B.1 of the Frederick County Code. Under Section 144-5, the applicant is requesting an exception to the provisions of the Subdivision Ordinance to allow the existing Dutcher property to be further subdivided, and reduce the existing 74% Rural Preservation Lot to 40% of the original parcel. The subject property, zoned RA (Rural Areas) District, is located at the intersection of Dover Lane and Chapel Road, approximately 100 feet west of the Route 627 intersection with Route 758. The property is further identified with P.I.N. 83-A-106 in the Back Creek Magisterial District. Action — Recommended Denial Zoning and Subdivision Administrator, Mark R. Cheran, reported that the recorded plat for this rural preservation subdivision shows 58 acres being the rural preservation tract; this plat was recorded June 16, Frederick County Planning Commission Page 1590 Minutes of August 17, 2005 Master Development Plan #07-05 for Stephenson Village, submitted by Greenway Engineering, for R4 (Residential Planned Community) use. The properties are located on the south side of Old Charlestown Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). The properties are further identified with P.I.N.s 44-A-292, 44-A-293, and 44-A-31A in the Stonewall District. Action — Continued to Next Meeting Due to PC By -Laws of Mandatory 11:00 P.M. Adjournment Planner Bernard Suchicital reported that the rezoning for the 794-acre Stephenson Village project was approved with proffers on September 24, 2003. Mr. Suchicital said this master development plan (MDP) is for Phase I of Stephenson Village and will include 460 single-family units, 110 townhouses, and 360 multi -family units on 285 acres. He pointed out the area for the age -restricted community and stated that there are no commercial uses planned for Phase I. Mr. Suchicital next identified the staffs outstanding issues concerning this MDP. First, he pointed out that the applicant has failed to show the Rt. 37 corridor on their MDP; he said the Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) clearly shows the Rt. 37 corridor running through the Stephenson Village property. He also noted that the road design for Cross Cannon Boulevard, from Old Charlestown Road through the project to Rt. 11, does not provide for a raised landscaped median, curb and gutter, and a bike path. In addition, Mr. Suchicital recommended the following: the continuation of the bike path and sidewalks along Old Charlestown Road to link the Stephensons Village project with the existing residences in Stephenson; the enhanced pedestrian access from Milburn Road to Cross Cannon Blvd; and, the phasing and clarification of the completion of sections of the major collector road. He further recommended that the applicant identify the proffered school and parks sites throughout the MDP, the subdivision, and the platting processes. This would include provisions for vehicular and pedestrian access to the public facilities, as well as provisions for water and sewer. Mr. Evan A. Wyatt with Greenway Engineering, the design -engineering firm representing Brookfield Homes and Stephenson Associates in this MDP, came forward to address the issues raised by the staff. Mr. Wyatt believed they had addressed all of the issues raised by the staff, with the exception of the Rt. 37 right-of-way. Mr. Wyatt said that when the rezoning was approved, there was no commitment for a Rt. 37 right-of-way provision in the text proffered or on the proffered GDP. Mr. Wyatt referred to alignment studies done by Baker & Associates in 1992 and described the Alternative D and Alternative C routes; he said the Board of Supervisors recommended the Alternative C alignment. Mr. Wyatt stated that the Metropolitan Planning Organization (MPO) has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four - lane divided and controlled managed access highway. He commented that one of the things Brookfield and Stephenson Associates tasked Greenway with was to come up with a conceptual design that would meet the intent of keeping the integrity of Rt. 3 7 between Rt. 7 and the new I-81 interchange, but that would continue to meet the recommendations of the MPO. Mr. Wyatt said their resulting concept, which preserves the location of Rt. 7 and preserves the new interchange at I-81, utilizes the existing alignment shown for Alternative D, and he described that route to the Commission. Mr. Wyatt asked the Commission to consider this alternative; he said they were convinced that the Alternative C alignment, primarily because of the existing eased areas, is not going to be the alignment that will be successful to link Rt. 37, between Rt. 7 and I-81. In addition, Mr. Wyatt believed they had addressed all the issues identified by the staff, with the exception of providing the Rt. 37 right-of-way. In conclusion, Mr. Wyatt stated the applicant is commitment to making sure that water and sewer is available to the public school site and to the public park site. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Gary Oates, a resident of the Stonewall District, said that in the early 1990s, he postponed the construction of his home until the Board of Supervisors voted on a route for Rt, 37. Mr. Oates said that this new route goes directly through his new home. He said that several of his neighbors are in the same situation. Commissioner Straub asked the applicant if the proposed route could be modified. Mr. Wyatt replied that the conceptual alignment shown could be modified; He commented that this is strictly a conceptual design produced at the request of the property owners to implement a proposal everyone could work with to build that section of Rt. 37. He said the proposal was in no way, shape, or form a final alignment. Mr. Wyatt was convinced, however, that considering the events that have transpired since 1992, Route 37 would not work where it is designated in the Comprehensive Policy Plan. Mr. Wyatt believed the proffer that was approved when the R4 Zoning was adopted did not require them to show Rt. 37; however, instead of simply taking the stance that they were not required to get involved, they attempted a more proactive approach and tried to find a solution. Mr. Wyatt suggested that there may be a better alignment to connect Rt. 7 with I-81. He said they were not in a position to provide the right-of-way for Rt. 37 for Alternative C and he hoped that additional dialogue could occur. In light of what had been proposed, Commissioner Gochenour moved that the MDP be tabled. This motion was seconded by Commissioner Straub. Chairman DeHaven announced that it was now 11:00 p.m. and the Planning Commission's By -Laws require adjournment at 11:00 p.m. Chairman DeHaven apologized to Mr. Wyatt and announced that continuation of the consideration of this MDP will be rescheduled. Brookfield Stephenson Village LLC 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase l Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office. and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors 0 ;LX4 ► ob, I T OrA." 'T"tJ 'S- PC7 a -TAT l otj %-UV`l VICINITY MAP SCALE: C = 2,000' A�PA+ b.a�J�LT TEt Z-`� i2 �K1d�C CAM-tM944-r �� M�t�►-S' Tta LSTTtwV, vk-r-VLV:> s �T' 3a� RTE. 761 ACCESS PAVED PARKING TYPICAL I! SCHQOL --- ----- OLD CHARLES ACCESS ROAD JR. SOCCER FIELDS �. JR. BA L F E DS SOCCER FIELDS PAS OVERFLOW PARKING TYPICAL-^— C� SERVICEIEMERGENCY ACCESS ROAD a -- -- MAJOR COLLECTOR ROAD ZZ ®R B 'ORPME ONLY. OI TD6 r �'N i , ROg4 / S Off, / CFAF�F<OS / goon_ r u�i f WW g O m 4 0 5 i i g z Z Z WZU) 5 xgw0b� DATE: MARCH 2O03 SCALE: 1'-126' DESIGNED BY: 11PR JOB N0. 27BOC SHEET 1 OP l BROOKFIELD STEPHENSON VILLAGE, LLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County ,%ithout effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 121h Board meeting. We will continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VILLAGE, LLC Robert C. Hubbell, Manager Enclosures �\ Z 4 Ma id \ OW CHAALEB VYN 811 10 i. A \\ % �wT'SiYiiL�"�lrCrldA� rF i S7i ,. •� x�� e wOiuea ��"��.r or 'ems i'r. y{t � � �iiaiir�a w�"'•' Brookfield Stephenson Village LL(, 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of. Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase I Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office_ and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors CK Department of PrannW4ad'd Development 540/ 665-5651 FAX: 540/665-6395 November 14, 2005 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: MASTER DEVELOPMENT PLAN 405-05 FOR STEPHENSON VILLAGE: PHASE 1 - PART A Dear Evan: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on November 9, 2005, with an amendment that the Part A/B boundary line be moved north of the Route 37 Alternative C Aligm-nent. 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, Bernard S. Suchicital, Planner I BSS/bad cc: Stephenson Associates, LC, PO Box 2530, Winchester, VA 22604 Lynda J. Tyler, Stonewall District Supervisor John H. Liaht, Stonewall District Planning Commissioner Jane Anderson, Real Estate em: Charles S. DeHaven, Jr.. Stonewall District Planning Commissioner 107 North Dent Street, Suite 202 0 Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Board of Supervisors Public Meeting Prepared: November 4, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Planning Commission: 08/17/05 Board of Supervisors: 09/28/05 10/ 12/05 11/09/05 Action Continued discussion to 08/17/05 Recommended Approval Postponed by Applicant Postponed for up to 60 days Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31 A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential MDP #07-05, Stephenson Village November 4, 2005 Page 2 PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authority: 1st review— no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP #07-05, Stephenson Village November 4, 2005 Page 3 Geographic Information Systems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as shown in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP #07-05, Stephenson Village November 4, 2005 Page 4 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. • As of November 3, 2005, staff has received a revised MDP that depicts Phase One broken up into a Part A and a Part B. No figures have been provided at this time to indicate how many residential units will he dispersed between to the two parts. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units; exclusive of the affordable elderly housing, with 250,000 square feet of MDP #07-05, Stephenson Village November 4, 2005 Page 5 commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. E) Site Suitabilitv & 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for the corridor planned for the proposed Route 37 extension. Historic Resources: The .preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (434-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and MDP #07-05, Stephenson Village November 4, 2005 Page 6 historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byers House from the property, and have offered to allow others to remove it should an interested party be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will. occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collectorroad pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP 407-05, Stephenson Village November 4, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants' complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and 11, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: 1. Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path along the entire road length. The preliminary MDP does not provide for these features along the entire road length. MDP #07-05, Stephenson Village November 4, 2005 Page 8 ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residences of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. • The applicant has adequately addressed the Cross Cannon issues. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. • The applicant has sufficiently addressed these issues. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/20/05 MEETING: The applicant believed that all of the issues raised by the staff, including the provisions of the water and sewer connections from the Stephenson Village site to the public school and public park sites, have been addressed, with the exception of providing the Rt. 37 right-of-way through this project. It was the applicant's opinion that Alternative C, the Rt. 37 alternative adopted by the Board of Supervisors in 1992 and identified in the Comprehensive Policy Plan, was not going to be successful because of events that have occurred since its adoption. The applicant stated that the MPO has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four -lane, divided and controlled, managed -access highway. The applicant presented a conceptual design, which preserved the location of Rt. 7 and the new interchange at I-81, and utilized the existing alignment shown for Alternative D of the 1992 studies. The applicant requested that the MDP #07-05, Stephenson Village November 4, 2005 Page 9 Commission consider this new alternative. The applicant noted that the Rt. 37 right-of-way was not proffered in text or committed to on their GDP when the rezoning was approved; the applicant stated that they were not in a position to provide the right-of-way for the Rt. 37 Alternative C. One citizen came forward and stated that they waited to build their home, back in the 1990's, until the Board of Supervisors had made their decision on a route for Rt. 37; he said the alternate route now described by the applicant goes directly through his home. In light of the applicant's proposal and the need to study the information presented, Commissioner Gochenour made a motion to table the rezoning. This motion was seconded by Commissioner Straub. A vote was not taken, however, due to the 11:00 p.m. mandatory adjournment required in the Commission's By -Laws. The Chairman announced that continuation of the consideration of this MDP would be rescheduled on the next available agenda. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/17/05 MEETING: The motion to table was withdrawn so that discussion could continue on this item. Five citizens came forward to speak in opposition to any proposed realignment of the Route 37 corridor from what was already approved by the Board of Supervisors. All five residents said that their homes and property would be impacted by Alternative D. The Chairman announced that there has not been any public study or discussion of a realignment of Route 37 from the approved Alternative C by the Board. The applicant contended that the MDP proposed is in compliance with the proffers and the GDP approved with their rezoning in 2003. The applicant said they would be willing to add a narrative to the MDP recognizing that based on what was approved in their rezoning, they are in compliance; however, the applicant would offer the community up to an additional 12 months to consider a realignment issue and would be willing to commit not to develop within the Phase I area that falls within this corridor until such time as either the 12-month window has expired or another agreed -upon date. The applicant added that funding for Route 37 remains uncertain. Commissioners discussed whether the applicant was in compliance with the Comprehensive Policy Plan by not depicting Route 37 Alternative C on their MDP. They also debated the implications of approving a MDP that did not provide future right-of-way for Route 37. The Planning Commission's legal counsel believed the Commission had the right to require that something of this magnitude be precisely shown on a MDP. Other members of the Commission questioned how the applicant could have proceeded so far in the application process without adhering to the County's expectations for Route 37, Alternative C, to be shown. The staff commented that the only change in the status of Route 37 over the last 12 years was that it was not on the funding list in the Primary Road Improvement Plan for a year; it had always been in the Comprehensive Policy Plan, the Eastern Road Plan, the WATS Plan, and it is still in the MPO Plan. Commission members believed that the MDP needed to meet Comprehensive Policy Plan requirements before it goes any further; however, other members pointed out that this MDP is in MDP #07-05, Stephenson Village November 4, 2005 Page 10 conformance with the Board of Supervisors' rezoning, with the guidance that was given at the time, and the proffers. A motion was made to recommend approval of the MDP with the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. This motion was seconded and passed by the following majority vote: YES (TO REC. APPROVAL): Straub, Morris, Thomas, Ours, Kriz, Triplett, NO: Watt, Unger, Light, DeHaven ABSTAIN: Gochenour (Note: Commissioners Manuel and Wilmot were absent from the meeting.) BOARD OF SUPERVISORS' SUMMARY AND ACTION OF THE 10/12/05 MEETING: Ten residents of the Stonewall District came forward to voice their opposition to any change in the Alternative C alignment for Route 37. The residents were concerned that any change in the approved Alternative C alignment would affect retirees and existing homes; several of the residents stated that they waited to build their homes or to make other life decisions until the route for Route 37 was finalized. One of the residents emphasized that Route 37 was essential to address long-term transportation needs, but did not believe it was appropriate to impact residents not previously affected by Alternative C; he believed a decision on the master development plan should be delayed until the Route 37 issue was resolved. The Executive Director of the Shenandoah Valley Battlefields Foundation stated that the Alternative C traverses a substantial portion of the Second and Third Winchester battlefields; he believed the Board should consider the applicant's proposed alternative for the Route 37 corridor, or any other available options, in order to preserve these properties. A member of the Board believed a legal opinion should be sought concerning the Board's authority to change a proffered rezoning. Another Board member asked VDOT's Resident Engineer if he had considered the applicant's proposed alternative and if it would be possible to work with the applicant and staff on an alternative route. VDOT's Resident Engineer replied he would need at least 60 days to consider any alternatives. Another member of the Board asked the MPO's transportation planner about their study process and modeling. The MPO's transportation planner stated that a lack of access was the primary issue for Route 37. The County's Planning staff offered to work with VDOT and the MPO to study possible alternatives. The Board recognized that another option for the Route 37 corridor may be available, if the Board wanted to explore it. Since Route 37 was in the Comprehensive Policy Plan, the Board wanted to see the original corridor or a workable alternative in the subdivision before they would approve the master development plan. It was suggested that the lower portion of the property be studied for an alternative route. Specifically, the Board needed to see if the alternative could fit within the proposed alternative area and how the alternative would go through undeveloped properties. MDP 407-05, Stephenson Village November 4, 2005 Page 11 A motion was made by Supervisor Tyler and seconded by Supervisor Forrester to grant staff administrative approval authority of the master development plan with the understanding that the developer has offered a two-year period to study the southern boundary for a possible alignment for Rt. 37. This motion failed, however, by a majority vote against the motion. Another motion was made by Supervisor Dove and seconded by Supervisor Ewing to postpone MDP #07-05 for up to 60 days in order to give the applicant, the County staff, and VDOT an opportunity to work on a mutually -acceptable alignment for Route 37 in Stephenson Village. This motion was approved by a majority vote. STAFF CONCLUSIONS FOR THE 11/09/05 BOARD OF SUPERVISORS MEETING: Since the Board's last action on October 12, the applicant has come in with a revised MDP for Phase one. According to the November ) letter from Brookfield Stephenson Village, LLC, regarding the latest rendition, the applicant has proposed dividing this Phase of the MDP into two parts, Part A and Part B; Part A for the northern half, and a Part B for the southern half of Phase One. Based on the applicant's November.) letter, the proposed alignment C of Route 37 would be clearly located outside of Part A. The new sub -phase line lies within the Alternative C alignment of Route 37, therefore still showing Part A to contain future development along the Route 37 corridor. This should be clarified. Staff recommends that the part A/B boundary line be moved further north, so that at least Part A will lie entirely outside of the Route 37 Alternative C alignment. The intent of having a Part A and B is so that Part A will not hamper the Alternative C alignment. It is important to note that this revision is on the summary package created for the Board's review, and will need to be reflected on the main 19-sheet preliminary MDP which would ultimately receive administrative approval. Staff is seeking administrative approval authority to approve the preliminary master development plan once all agency review comments and ordinance requirements have been satisfied. GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 2971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Stephenson Village -Master Development Plan File No: 2760B Date November 3, 2005 To: FC Planning From: Evan Wyatt/adf Attn: .John Riley GREENWAY ENGINEERING Phone: 540-662-4185 Copied File Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: ® Courier ❑ As You Requested ❑ Pick Up ❑ Please Comment John, Please find attached the following for the above project: -25 copies of the revised Summary Plan Set Thank you for your assistance. Call with any questions or need for additional information or copies. Hand Delivery and Pick Ups Only: Received By: Date: NOV 3 2i'_'5 BROOKFIELD STEPHENSON VILLAGE, LLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board of Supervisors. 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County without effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 12th Board meeting. We will continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VILLAGE, LLC Robert C. Hubbell, Manager Enclosures 2 Brookfield Stephenson Village LLC 8.500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work. in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase I Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, /ev Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supenisors [Fwd: [Fwd: Stephenson Village]] Subject: [Fwd: [lewd: Stephenson village]] Date: Fri, 04 Nov 2005 09:10:33 -0500 From: "Jay E. Tibbs" <jtibbs@co.frederick.va.us> To: Eric Lawrence <elawrenc@co.frederick.va.us> I think this is the 9/30 letter and attachment. Jay -------- Original Message -------- Subject: [Fwd: Stephenson Village] Date: Fri, 07 Oct 2005 10:24:25 -0400 From: John R. Riley <jrileygco.frederick.va.us> To: jtibbs >> "Jay E. Tibbs" <itibbs@co.frederick.va.us> -------- Original Message -------- Subject: Stephenson Village Date: Fri, 7 Oct 2005 10:11:50 -0400 From: Steve Arthur <SArthurgbrookwash.com> To: <Jriley@co.frederick.va.us> CC: John Good <JGoodgShockeycompanies.com> John Here is the executed letter and exhibit for your inclusion in the package to go to the Board memebers for Weds night. Thanks so much for all your help. Sincerely, Stephen V. Arthur Brookfield Stephenson Village LLC Senior Development Director Name: 2760B-TRANS STUDY AREA.pdf M2760B-TRANS STUDY AREA.pdf Type: Portable Document Format (application/pdf) 1 Encoding: base64 Name: Offer letter w signatures.pdf Offer letter w signatures.pdf Type: Portable Document Format (application/pdf) Encoding: base64 1 of 1 11/4/2005 9:11 AM Brookfield Stephenson Village LLC 8.500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase 1 Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, �v Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors Brookfield Stephenson Village LLC 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase 1. Master Development Plan, but not later than October 31, 2007. During that period, we will workclosely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors BROOKFIELD STEPHENSON VILLAGE, LLC November 3, 2005 Mr. Richard Shickle, Chairman Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 RE: Stephenson Village Phase I Master Development Plan Dear Dick: We are submitting herewith our Phase I Master Development Plan in two parts, labeled A and B, as a result of our discussions. No resubmission to the Planning Commission or any other office should be required since the overall impact is the same. Part A shows the planned development north of the proposed "alternate C." We need the Board of Supervisors to recommend the prompt administrative approval of Phase I, Part A on November 9, 2005. Development plans and profiles then could be processed by Frederick County without effecting "alternate C." Part B shows the remaining planned development on the Phase I Master Development Plan. Board of Supervisors action on this part can be deferred. We would hope that Part B could be resolved within the sixty (60) day period set by the Board on the October 12th Board meeting. We will continue to agree to the terms of the Memo dated September 30 to the Board of Supervisors. We believe this approach offers Frederick County a reasonable opportunity without imposing further costly delay on our project. Sincerely, BROOKFIELD STEPHENSON VILLAGE, LLC Robert C. Hubbell, Manager MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Board of Supervisors Public Meeting Prepared: October 5, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Planning Commission: 08/17/05 Board of Supervisors: 09/28/05 10/12/05 Action Continued discussion to 08/17/05 Recommended Approval Postponed by Applicant Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential MDP #07-05, Stephenson Village October 5, 2005 Page 2 PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi - modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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 Countv Fire Marshal: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authority: 1st review— no comment MDP #07-05, Stephenson Village October 5, 2005 Page 3 Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. Geographic Information Svstems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as shown in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 MDP #07-05, Stephenson Village October 5, 2005 Page 4 nature, coupled with the number of approved, undeveloped residential lots in the area and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. MDP #07-05, Stephenson Village October 5, 2005 Page 5 D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for, nor address, the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third MDP #07-05, Stephenson Village October 5, 2005 Page 6 Battle of Winchester (Opequon), and further includes the Byers House (#34-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allon, others to remove it should an interested parry be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP #07-05, Stephenson Village October 5, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants' complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and 11, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path MDP 407-05, Stephenson Village October 5, 2005 Page 8 along the entire road length. The preliminary MDP does not provide for these features along the entire road length. ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residences of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. • The applicant has adequately addressed the Cross Cannon issues. 2. Identificntion of the nroffered school and narks sites thrmighout the MDP. subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. • The applicant has sufficiently addressed these issues. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area II1, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/20/05 MEETING: The applicant believed that all of the issues raised by the staff, including the provisions of the water and sewer connections from the Stephenson Village site to the public school and public park sites, have been addressed, with the exception of providing the Rt. 37 right-of-way through this project. It was the applicant's opinion that Alternative C, the Rt. 37 alternative adopted by the Board of Supervisors in 1992 and identified in the Comprehensive Policy Plan, was not going to be successful because of events that have occurred since its adoption. The applicant stated that the MPO has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four -lane, MDP #07-05, Stephenson Village October 5, 2005 Page 9 divided and controlled, managed -access highway. The applicant presented a conceptual design, which preserved the location of Rt. 7 and the new interchange at I-81, and utilized the existing alignment shown for Alternative D of the 1992 studies. The applicant requested that the Commission consider this new alternative. The applicant noted that the Rt. 37 right-of-way was not proffered in text or committed to on their GDP when the rezoning was approved; the applicant stated that they were not in a position to provide the right-of-way for the Rt. 37 Alternative C. One citizen came forward and stated that they waited to build their home, back in the 1990's, until the Board of Supervisors had made their decision on a route for Rt. 37; he said the alternate route now described by the applicant goes directly through his home. In light of the applicant's proposal and the need to study the information presented, Commissioner Gochenour made a motion to table the rezoning. This motion was seconded by Commissioner Straub. A vote was not taken, however, due to the 11:00 p.m. mandatory adjournment required in the Commission's By -Laws. The Chairman announced that continuation of the consideration of this MDP would be rescheduled on the next available agenda. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/17/05 MEETING: The motion to table was withdrawn so that discussion could continue on this item. Five citizens came forward to speak in opposition to any proposed realignment of the Route 37 corridor from what was already approved by the Board of Supervisors. All five residents said that their homes and property would be impacted by Alternative D. The Chairman announced that there has not been any public study or discussion of a realignment of Route 37 from the approved Alternative C by the Board. The applicant contended that the MDP proposed is in compliance with the proffers and the GDP approved with their rezoning in 2003. The applicant said they would be willing to add a narrative to the MDP recognizing that based on what was approved in their rezoning, they are in compliance; however, the applicant would offer the community up to an additional 12 months to consider a realignment issue and would be willing to commit not to develop within the Phase I area that falls within this corridor until such time as either the 12-month window has expired or another agreed -upon date. The applicant added that funding for Route 37 remains uncertain. Commissioners discussed whether the applicant was in compliance with the Comprehensive Policy Plan by not depicting Route 37 Alternative C on their MDP. They also debated the implications of approving a MDP that did not provide future right-of-way for Route 37. The Planning Commission's legal counsel believed the Commission had the right to require that something of this magnitude be precisely shown on a MDP. Other members of the Commission questioned how the applicant could have proceeded so far in the application process without adhering to the County 's expectations for Route 37, Alternative C, to be shown. The staff commented that the only change in the status of Route 37 over the last 12 years was that it was not on the funding list in the Primary Road Improvement Plan for a year; it had MDP #07-05, Stephenson Village October 5.2005 Page 10 always been in the Comprehensive Policy Plan, the Eastern Road Plan, the WATS Plan, and it is still in the MPO Plan. Commission members believed that the MDP needed to meet Comprehensive Policy Plan requirements before it goes any further; however, other members pointed out that this MDP is in conformance with the Board of Supervisors' rezoning, with the guidance that was given at the time, and the proffers. A motion was made to recommend approval of the MDP with the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. This motion was seconded and passed by the following majority vote: YES (TO REC. APPROVAL): Straub, Morris, Thomas, Ours, Kriz, Triplett, NO: Watt, Unger, Light, DeHaven ABSTAIN: Gochenour (Note: Commissioners Manuel and Wilmot were absent from the meeting.) GREENWAY El 151 Windy Hill Lane -0 Winchester, Virginia 22602 Founded in 1971 September 26, 2005 Frederick County Administration Attn: John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 RE: Postponement of Master Development Plan #07-05 of Stephenson Village Dear John: i8 The purpose of this letter is to request postponement of the referenced application that is currently scheduled for the September 28, 2005 Board of Supervisors' meeting. The Applicants request that this matter be postponed until the October 12, 2005 Board of Supervisors' meeting. Please contact me if you have any questions regarding this request. Sincerely, Evan Wyatt, AICP Greenway Engineering Engineers Sunevors Telephone 540-662-4185 FAX 540-722-9528 lAnA- .greenwaveng.corn toning G M2 %� W oP h j{d i� " oning SLAUGHTER u A 40 h 44a A / U RP ? Qc �� s 44 o Q e 4 Leet 44 _v B S °p Brookfield Stephenson a° SdbN' �R4 Q eP ,H� o� Village, LLt3 44 A 293 oc<`5 L•n Future � s Irk Rt37 Bypass 0�� 0.0 • . SLAUGHTER • 44 A 29/ � P � 45 SM/Tp 4 ?sE � NOFFMp 1 93 0.5 CRIDER & SHOCKEY 44 A 26 STEPHENSON ASSOCIATES 4t A 31A P� P of an ring � N N ° Ge""411 4p SIRBAUGN Af4GFR ?Bs •55 15 AITKEN I M SS ejer u A 294A qe� 9r"s`c` q kPa� dky °ooN ae NF<[ A p `Nooasinar�a H55 TSBERRY 4 4q�UG�FR 'm ^� Om e PENTON a 55 7 S 12 ss �FF? NNE R A ?91 a� a A 3 4 o e F�cc � ^0 7 q4 -' Map Features Zoning MDP # 07 - 05 8ioacon /�/ Brwges Culverts ® 81 (Business, Neighborhood District) MS (Medical Support District) Stephenson Village LakesrPonds ^V Dams ® B2 (Business, General District) R4 (Residential, Planned Community District) .._ Streams /V Retaining Wens B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) (44 - A 292, 293 '.y Buildings Road Centerlines EM (Extractive Manufacturing Distdct) Q RA (Rural Areas District) - ) - Tanks I1► HE (Higher Education District) Q RP (Residential Performance District) (44 - A - 31, 31 A ) Parcels O ^� M1 (Industrial, Light District) N hags Q M2 (Industrial, General Disrct) OSWSA I �I uDA MHt (Mobile Home Community District) WE 0 250 500 1,000 s Feet Map Features Zoning MDP # 07 - 05 Bridges . BApPliceboo Lake./Ponds ~ alWerea ^V Dams +ram Streams /',/ Retaining Walls Buildings Road Centerlines - I.A. NI • OParcels Trails Q OSWSA *4W UDA B1 (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) ® R4 (Residential, Planned Community District) IRS (Residential Recreational Community District) Q RA (RuralAreas District) Q RP (Residential Performance District) Stephenson Village (44 - A - 292, 293 ) (44-A-31,31A) 0 250 500 1,000 Feet APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Stephenson Village -Master Development Plan 2. Owner's Name Stephenson Associates, LC Brookfield Stephenson Village, LLC (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Greenway Engineering Company: Address: Same Phone Number: Same Contact Name: Evan Wyatt, AICP JUN 1 3 2005 5. Location of Property The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) 6. Total 285.5 acres Acreage: 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: North South East West 44-A-292, 44-A-293, 44-A-31, 44-A-31A R4-Residential-Planned Community Residential -Undeveloped Residential -Planned Community Property Identification Property Uses Numbers See attached list t) Magisterial District: Stonewall 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ 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 completed prior to the submission of my master development plan application. Signature: , Date: MWW TO ADJOINING PROPERTY IVS -TAX- MMUM - MON NO zm Q TX "-A-148 DAVID C. JEN)UNS R SCABLEY iL JENKINS RA RESIDENTAL 879 DICES HOLLOW RD. WINCHESTER. VA 22603 © T.M. 44-A-149 ROBERT H. RO38ELJ, ET ALS RA RESIDENTIAL 104 WINSLOW Cr. WINCHS4[IIL, VA 2280E © T.M.44-A-150 CLEM A. STULT2 Jt BETTY A. STUM RA UYO6'ROVED 516 OLD CHARLES TOWN RD. S'TEPSEN9ON, VA 22MQO T.L. 44-A-151 GUMA. MUMh RLSITY A SIIJLIZ RA RESIDENTIAL 518 OLD CHARIM TOWN RD. STEPHENSON, VA 22OW QE T L "-A-153RAY S. SPIT= & CHRISTINB S. SpH'1J±R RA RESIDENTIAL 540 OLD CHARM TOWN RD. 3TEPHENSON, VA 22656 QF Tx 44-A-154 ROBERT E. VUUKRIET R ROSE E VUR].S M7 RA RESIDENTIAL 550 OLD CHARM TOWN RD. STEPHENSON. VA 22OW © T.L. 44-A-155 JG--N R. STROTHER h VENEIDA C. MOTHER RA RESIDENTIAL 560 OLD CHAIO89 TOWN RD. STEPHENSON. VA 22NO QN T.M. 44-A-158 R CHARLES HOTT TRAY K. HOTT RA RESIDENTIAL 572 OLD CHARLES TOWN RD. STEPHENSON. VA 22856 /Q T.L. 44-A-157 WUMM G. LOUCH RA RESIDENTIAL 582 OLD CHARLES TORN RD. STEPLHowN, YA 22658 ✓Q T.M. 44-A-158 ROBERT WISON & NARY BETH IILSON RA UIIDAPROVED 468 DEVILS BACKBONE OVERLOOK sYEpHERSON, VA 22OW QK TJL "C-2-A WIJLAL R. mw2 t Hmn C. ME= RA RESIDENTIAL 614 OLD CHARLES TOWN RD. STEPHl7 SON, VA 22M © TJL "C-2-B CHARLES 3. JOBS k NARY A. JOBS RA RESIDENTIAL 534 OLD CHARM TOWN RD. STEPHENSON. VA 22658 Q TJL "C-2-D TERRY L BLY & CONNIE S. BLY RA RESIDENTIAL 844 OLD CHARLES TOWN IID. STEPHENSON. VA 226W 0 TX 44-A-181 JEAN K. GRAY C/O JEAN NICHOLSON RA RESIDENTIAL PO BOX 151 STEPHENSON, VA 22858 T.M. 44-A-162 ELLEN E. GETTS (SURVIVING GRANTEE) RA RESIDENTIAL 880 OLD CHARLES TOWN RD. STEPHENSON, VA 22668 © TX 44-A-163 JUANITA L. RHTEN R► U1IMPROM 688 OLD CHARLES TOWN ED. STEPHENSON. VA 22OW © Tx 44-A-154 JUANITA Y BITTER RA UID(PROVED 888 OLD CHARLES TOWN RD. STEPHENSON. VA 22658 ® T.L. 44-A-165 JUANITA IL BITTER RA REDENTW. 688 OLD CHARLES TOWN RD. STEPHENSON. VA 22658 QS TX 44-A-139 ANNA B. Le= h LESTER W. LclE& RA RESIDENTIAL 102 FAIRWAY DR. WDiCHESIML VA 22602 QT T.M. 44-A-168 ROBERT H. RUSSELL, ST ALS RA RESIDENTIAL 532 OLD CHARLES TOWN RD. STBPfffiNm, VA 22OW Q TL. 44-A-208 ACTRESS L GOLLER RA RPSIDERM 778 OLD CHARM TOWN RD. STEPHENSON, VA 22666 V T.L. 44-A-2D9 RODNEY L AFFLECK RA RESIDENTIAL 788 OLD CHARM TOWN RD. STEPHENSON, VA 22OW 0 T.L. 44-A-210 WILIAM C. JONES, JR # BRENDA L JONES RA RESIDENTIAL 796 OLD CHARGES TOWN RD. STEPHENSON, VA 22656 0 T.M. 44-A-211 RICHARD R. KRUPP h BONNIE R ENUPP RA RESIDENTIAL PO BOX 97 STEPHENSON, VA 22OW QY T.L. 44-A-212 JACK L HAYES RA RESIDENTAAi. 734 JORDAN SPRINGS RD. STEPHENSON. VA 22M Q T.1L 44-A-218 DINAH G. KRASICH h JOHN E KRASICH RA RESIDENTIAL 776 JORDAN SPRINGS RD. STEEPHENSON, VA 22OW © T.M. 44-A-213 ALLEN LEE L&FOLILTTE RA RESIDENTIAL 7" JORDAN SPRINGS RD. STEPHENSON, VA 22866 ® T.L. 44-A-214 ROY C. CAMERON k MI DRED F. CAMERON RA RESIDENTIAL 752 JORDAN SPRINGS RD, STEPHENSON. VA 22656 ® T.L. 44-A-215 ANTHONY D. JOHNSON RA RESIDENTIAL 116 STERRE T LN. CLEARBROOK, VA 22824 - ® T-M. 44-A-216 BAKER B. TYSON k SHIRLEY P. TYSON RA RESIDENTIAL 768 JORDAN SPRINGS RD. SrEPHZNSON, VA 226W ® T.L. 44-A-219 C. N. CAASLER, INCORPORATED RA RESIDENTIAL 203 E BOSCAWEN Sr. IINCHESTSR, VA 22801 ® T.L. 44-A-= RUSSELL 0. ANDERSON h DOROTHY P. ANDERSON RA RESIDENTIAL 11520 DANFORTH ED, CHCS18FNFIl3iD. VA 29BS8 -.. C/O LACY A. CARDL13UZ _ .._-.... - -- - - - RESIDENTIAL - -. - --. ---.. - ® TJL 44-A-221 GEORGE 0. TRAVERS & MARYLYN V. TRAVERS RA RESIDENILL 804 JORDAN SPRINGS RD. STEPHENSON, VA 22656 ® T-AL 44-A-222 ROGER A. LcGAFRCK 3 NARY S. LcGAPFICK RA RESIDENTIAL 816 JORDAN SPRINGS RD. STEPHENSON, VA 22658 © Tx 44-A-223 O TX 44-A-224 DONALD L MILBURN i KDBEIB.Y L. MIBURN RA EESIDENTIAL BW JORDAN SPRINGS RD. STEPHENSON. VA 22658 ® TJL 44-A-225 LITCHEL1 B. SMITH k PATRICIA R SMITH RA RESIDENTIAL 835 JORDAN SPRINGS RD. STEPH9NSON, VA 22OW © TJL 44-A-226 STEVEN A. LDNK 3 DOM W. IDNK CLYDE � RESIDENTIAL 846 JORDAN SPRINGS lID. STBPA»N, VA 22656 STONE h VIRGINIA STONE RA RIME NTIAL SW JORDAN SPRINGS RD. STEPHENSON, VA 22M T.L. 44-A-228 ® TY 44-A-231 DORM B. HOOVER k GEARLI NE R BITTER RA RESIDENTIAL 821 BEST CHURCH RD. CIZARBROOK, VA 22524 ® TJL 44-A-229 DONALD L 29TEP t HELEN L 99TEP RA RESIDENTIAL PO BOX 86 STEPHENSON. VA 226M TJL 44-A-281B DONALD L ISM & HIM L ESTEP HARRY RA UNlPBOVED PO BOX 66 STZFHZRSON. VA 22868 ® TJL 44-A-230 S. FAUVER. JR 3 JEANETTE Y FAUVER STEPHEN R1 RESIDEMIAL 906 JORDAN SPRINGS RD. STEP}ffiiSON, VA 22658 ® TJL 44-A-231A K. INNER R HOLLY D. HEPNER RA RKSIDEIM& 918 JORDAN SPRINGS RD. STEPHENSON, VA 22OW HARRY S. FAUVER, JR k JEANETTE Y FAUVKR RA RESIDENTIAL 906 JORDAN SPRINGS RD. STEPHERSON, VA 22666 T.M. 44-A-= STEPHEN 1L HEPNER R HOLLY D. REPPER RA RESIDENTIAL KS JORDAN SPRINGS RD. STF.PHEItSON, VA 22ON TJL. 44-A-233 STEPHEN K. L MEE R HOLLY D. BRIM RA UIHLPROVSD 918 JORDAN SPRINGS RD. STEPHENSON, VA 22654 T.L. 44-A-234 IRVIN S. DAY 3 VIOLET V. DAY RA ULLIIDROVLD PO BOX 153 STEPHEN3ON, VA 22656 T.M. 44-A-235 IRVIN S. DAY # VIOLET V. DAY RA MMENILL PO BOX 153 STEPRSNSON, VA 225W T.L. 44-A-238 GERALD W. LERRITT k BETTY L LERRRT RA REmFZ NTIAL 976 JORDAN SPRINGS RD. STEPHENSON, VA 22656 T.M. 4L-A-256 JAMM D. KINE9, ET ALS C/O THOM IL GIBSON R► RESIDENTIAL 1968 FAWAX PIKE THn POST, VA 22US TJL 44-A-287 JAMES D. KI1FS, ET ALS C/0 THERESA L GID3ON RA RESIDENTLAL 190 FAIRFAX PIKE WHITS POST, VA 22883 TJL 44-A-288 WAYNE L WALTERS RA RESIDENTIAL SSW OLD OCEAN VIEW RD. NORFOL K, VA 23M T.L. 44-A-289 ELM A. LAFTHOUSE RA 'kIDIENTAL PO BOX 2256 WINCHISTER. VA 226E T.L. 44-A-291 RICHARD L SAVMX RA RPSIDffiTTLAL 1054 JORDAN SPRINGS RD. STEPBRiSON, VA 22856 TJL 45-9-3-2 WILIAL D. HOFFMAN k PATSY L HOFFMAN RA RESIDENTIAL PO BOX 22 STEPHENSON, VA 22656 TJL 45-9-3-1 WIIJIAN H. HAIL III & REBECCA HAIL RA RESIDENTIAL 1081 JORDAN SPRINGS RD. STEPHENSON, VA 22658 T.L. 44-A-285 DOROTHY A. WOLF RA TMDE NTIAL 1009 JORDAN SPRINGS RD. STEPHENSON VA 22656 TX 44-A-237 CIDO4TDNE K. ROBERTS k ZDDIE R ROBERTS SR RA �22M 19W FAIRFAX PIKE WHITS POST VA 2260 TJL 44-A-238 CATHERINE SABBCK EST. RA I;BSIDE NTIAL 208 GREENFIELD AVE. WINCHESTZR, VA 22M T.L. 44-A-207 JAMES L L UDWICK k NANCY L LUDWICK RA RESIDENTIAL 779 OLD CHAN = TOWN RD. SI'EPiIB1i9ON VA 226W W TJL 44-A-208 JAMES T. LAKE k Nnn E. LAKE RikRESIDENTIAL 771 OID CHARLESTOWN RD. STEPHENSON. VA 22666 T.L. 44-A-204 DAVID L BRAGG R• AGRICULTURAL PO BOX 174 CIZARBROOK. VA 22824 T.L. 44-A-229 DAVID L BRAGG RA TMENTIAL PO BOX 174 CUUMOOK, VA 22524 T.M. 44-A-167 FRANCIS L. CID TER JR RA EESIDENTIAL PO BOX 141 STEPHENSON. VA 22858 T.L. 44-A-168 WEAPON K. SHANHOLTZER RA RESIDENTIAL 721 OLD CHARM TOWN RID. STBPHENSUN VA 225M T.M. 44-A-169 GERA D BUS4BRT R JOAN E BUSSERT RA RESIDENTIAL 707 OLD CHARLES TOWN RD. STEPHENSON. VA 22NO T.L. 44-A-17DC JOHN KENNETH ANDERSON RA CO1OEPCIA1. PO BOX 27 Sl1PJNSON VA 22658 T.M. 44-A-170 WINCHESTER GUN CLUB, INC, RA RESID=TM PO BOX 2012 TUCHEMM VA 22604 T.M. 44-A-173 IEONAR D C. ffiJ19 AL C/O EU19�ITIAIMMOUSK RA 10487 WASHI NGTON HIT GLEN AIJEN VA 2=9 TJL 44C-1-15 JOSEPH THOLAS LOUZONIS JR RA 1AENIIAL 543 OLD CHARM TOWN RID. SPEP9—M VA 22NO TJL 44C-1-A JOII. A COIJEIT !t DIANE L COR RA RESIDENTIAL 5" OLD CHANGES TOWN NU 3!lD�N9Op VA 22666 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Stephenson Associates, LC-J.Donald Shockey, Jr, Manager (Phone) (540) 665-3214 (Address) PO Box 2530 Winchester, VA 22604 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. 040021293 on Page Instrument No. 040020874 on Page Instrument No. 040020874 on Page Instrument No. 040011938 on Page , and is described as Parcel: 44 Lot: 293 Block: A Section: Subdivision: Parcel: 44 Lot: 292 Block: A Section: Subdivision: Parcel: 44 Lot: 3 1 A Block: A Section: Subdivision: Parcel: 44 Lot: 31 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Proffered conditions or amendments will only be effective in written form signed by a manager of This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. J U N 1 3 2005 cl • d n, Signature(s) In witness ther I (we)LhaveiftW t my (ou � d and seal this 7 day of ✓unE, 2005 ]]State of Virginia,/County of F✓� , To -wit: I, k5l, A/ 1� NG , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 7 day of �Un� 2009 f, My Commission Expires:7��1%l/ Notary Public J U N 1 3 2005 d Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Brookfield Stephenson Village, LLC-Richard J. Dengler, Vice -President (For Brookfield Washington, LLC Managing Member) (Phone) (703) 270-1409 (Address) 8500 Executive Park Avenue, Suite 300, Fairfax, VA 22031 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. 040021293 on Page Instrument No. 040020874 on Page Instrument No. 040020874 on Page Instrument No. 040011938 on Page and is described as Parcel: 44 Lot: 293 Block: A Section: Subdivision: Parcel: 44 Lot: 292 Block: A_ Section: Subdivision: Parcel: 44 Lot: 3 1 A Block: A Section: Subdivision: Parcel: 44 Lot: 31 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. JUN 1 3 2005 � � R In witness thereof, I (w a� here, sI (¢�,zf) viand and seal this day of , 200 Signature(s) State fi 0irginia, City/County of 7&kn—"�O-wit: I, MV� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) wIA signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 200 5 My Commission Expires: I — 3/-08 Notary Public JUN 1 3 2005 GREENWAY ENGINEERING OCT 3 2005 151 Windy Hill Lane Founded in 19;1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Stephenson Village -Master Development Plan File No: 2760B Date October 3, 2005 . To: FC Planning From: Evan Wyatt/dlm Attn: Eric Lawrence GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ❑ For Your Review Message: ® Courier ® As You Requested Eric, Per your request, attached is the following for the above project: -2 copies of the revised Master Development Plan -25 copies of the revised Summary Plan Set ❑ Pick Up ❑ Please Comment Thank you for your assistance. Call with any questions or need for additional information or copies. Hand Delivery and Pick Ups Only: Received By: Date: .n VendID Gen Li ab Exp Workmans Comp Exp . DETACH AND RETAIN THIS STATEMENT. THE ATTACHED 'IR2 5 6. CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. REFERENCE N0. INVOICE N0. INVOICE DAIS ;INVOICE AMOUNT '' AMOUNt PAID _........ DISG4UNt tAKEN Nk I ;CHECK AMOUNT _.. ......... 000010 031505 3/15/05 30550.00 30550.00 0.00 30550.00 Please e-mail inquires to P@Brookfiel Washington. om Brookfield Ste henson' Village " LLC p 8500 Executive Park Ave., Suite 300 a, v 1100000091" 1:0 5 L0000 L 71: 00 4 L 2 70 3 4 3 5 311' z M s FA REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRqUiIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: t W/o Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi _R 92 DIGITAL: PAPER.: FAX: - SIZES: COLOR,: BLACKIWI-IITE: STAFF MEMBER - COMPLETION DATE: MATERIA-LS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: 4for=tion- on, back of request).. . ....... .. VIL-c-lhl-L- '3 r-H ILS L f Yq-A-2-9-k J i v- A NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECKNO.# Frederick County GIS, 107 North Kent Street, "Winchester, VA 22601, (540)665-565 1) S E P 1 4 2005 Linda Tyler, Supervisor Stonewall District 107 N Kent St Winchester, VA 22601 Dear Ms. Tyler: 1073 Redbud Road Winchester, VA 22603 (540) 545-7823 12 September 2005 First of all, while I appreciate your coming to our meeting Sunday evening, I felt insulted by your accusation that it was something other than a meeting of Redbud Road residents. If you drive down Redbud Road, which I know you have, you can count more than 30 mailboxes. Add to those the eight or so homes directly off Redbud Road on Milburn Road and Marquis Court, and you have the turnout that you saw at that meeting. Mr. DeHaven and Mr. Light were there as our Planning Commissioners to help educate us on the process of the Stephenson Village MDP and the ramifications of allowing it to go forward as it is. There were a few others who were relatives of Redbud Road residents and a few who were not invited by the organizers of the meeting but were not asked to leave. That being said, I would like to share my views of the Stephenson Village project as is stands at this stage. My opinion is that it would be irresponsible to let this MDP be approved without leaving open "Corridor C" of the approved Route 37 alignment indefinitely. The Board of Supervisors has already dropped the ball in allowing the property to be rezoned without requiring proffers to build Route 37. It should not be allowed to block Route 37 from ever being built on its intended alignment. It seems to me that your interests are more toward developers' legal rights and preserving historic places. What about the people living here now and their heirs? What about the farmland that has already been approved for development, leaving the other remaining, working farmland to become the only alternative available for Route 37 to come through should this MDP be approved? Corridor C was determined by Frederick County, VDOT, and the FHA to be the best of several options - all of them imperfect. The long process does not need to be started over just because the Environmental Impact Study has expired. As long as that alignment is kept free from development, as all other major developers have allowed along its path, Route 37 can be Linda Tyler Page 2 designed to suit the needs of the county along that alignment when the design stage is reached in the future. My personal vision for the northeastern corridor of Route 37 is that it should be similar to the existing western portion. It should serve to keep traffic from outside Stonewall District from using our secondary roads, not necessarily to serve its residents (though now it will be needed to absorb traffic from Stephenson Village). Most vehicles that come from Route 7 to Route 11 via Redbud Road are headed to West Virginia. The current approved alignment would satisfy that traffic flow. I personally see no need for Stephenson or Stonewall District residents to access the new Route 37 other than at Route 7 or I-81. The Route 37 Corridor C may not be the only solution for this part of the County, but it is all we have had for the last 12 years. People have planned their lives, families, investments, homes, and retirements based on that alignment being approved at all levels. We had no reason to believe that it would ever change. If you allow Stephenson Village to block that alignment, you allow the future of the homes on Redbud Road to be in jeopardy as they were approximately 17 years ago when this process first began. Please require the Stephenson Village MDP to allow Corridor C to continue unhindered indefinitely. Don't make the citizens of this district start at the beginning of an issue that has already been decided for so long. I am asking for your vote against the Stephenson Village MDP in its current form and any version that plans for development on the approved alignment of Route 37. I look forward to hearing the discussion at the Board of Supervisor's meeting on September 28. Sincerely, Trudi Dixon cc: The Winchester Star Board of Supervisors Frederick County Planning Department Brookfield Stephenson Village LLC 8500 Executive Park Avenue, Suite 300 Fairfax, Virginia 22031 September 30, 2005 Mr. John Riley, County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 Re: Stephenson Village Dear Mr. Riley, We would like to express our gratitude to you and each of the members of the Board of Supervisors for taking the time to meet with us this week to discuss the Stephenson Village project. As a developer of master planned communities, we are sensitive to the needs of our neighbors and are committed to understanding the important transportation issues of Frederick County. Stephenson Village was rezoned to R4/Residential Planned Community in September 2003 under Rezoning #06-03. The approved rezoning documents include a tD proffer statement and a positively proffered Generalized Development Plan (GDP) dated September 3, 2003. The proffer statement and GDP do not include any reference to or commitment by the Applicant to provide for a transportation corridor commonly referred to as Route 37 East, Alternate C. We recognize the County's desire for an improved transportation plan for the Stonewall District. As the County studies other transportation options, the Applicant will work in cooperation with the County to determine a mutually acceptable route (pathway) as it relates to the Stephenson Village property. As a sign of good faith, we are hereby offering to temporarily defer development of Stephenson Village within a defined area of the property, as delineated on the attached exhibit (Exhibit A). This deferral will allow Frederick County time to study an area within the Stephenson Village property for a route or pathway for transportation options. We will agree not to conduct development activities within the defined area, except as may be necessary to satisfy the existing proffered commitments, for a period of two years from the approval of the Phase 1. Master Development Plan, but not later than October 31, 2007. During that period, we will work closely with the Frederick County Planning Office and VDOT to study the available transportation options. September 30, 2005 Stephenson Village Page 2 of 2 It is our desire that this offer be accepted by the Board as an indication of our willingness and commitment to assist the community in reaching its transportation goals. Should you have any questions or require any additional information, please don't hesitate to contact us at your earliest convenience. We greatly appreciate your assistance, as well as the Board of Supervisors, and look forward to your response. Sincerely, Robert C. Hubbell, Managing Member Cc: Frederick County Board of Supervisors lLXf+l mp v T 'ram" Scs" E'1'T'L�4� SaN V j LA.. AC.q6 VICINITY MAP SCAM C = 2,000' _...... ..... c ootA m t `rAG�►i�M 'r TV L6T'1'V%Q- MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Board of Supervisors Public Meeting Prepared: September 1, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Planning Commission: 08/17/05 Board of Supervisors: 09/28/05 Action Continued discussion to 08/17/05 Recommended Approval Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31 A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling MDP #07-05, Stephenson Village September 1, 2005 Page 2 units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi - modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authoritv: 1 st review — no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP #07-05, Stephenson Village September 1, 2005 Page 3 Geographic Information Systems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as shown in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes. 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP 907-05, Stephenson Village September 1, 2005 Page 4 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003. the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses, on 795 acres. The applicant has MDP #07-05, Stephenson Village September 1, 2005 Page 5 proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. - This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for, nor address, the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (434-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. MDP 907-05, Stephenson Village September 1, 2005 Page 6 • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allow others to remove it should an interested party be identified Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP #07-05, Stephenson Village September 1, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants" complex proffer statement; which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and II, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path MDP #07-05, Stephenson Village September 1, 2005 Page 8 along the entire road length. The preliminary MDP does not provide for these features along the entire road length. ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residence of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/20/05 MEETING: The applicant believed that all of the issues raised by the staff, including the provisions of the water and sewer connections from the Stephenson Village site to the public school and public park sites, have been addressed, with the exception of providing the Rt. 37 right-of-way through this project. It was the applicant's opinion that Alternative C, the Rt. 37 alternative adopted by the Board of Supervisors in 1992 and identified in the Comprehensive Policy Plan, was not going to be successful because of events that have occurred since its adoption. The applicant stated that the MPO has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four -lane, divided and controlled, managed -access highway. The applicant presented a conceptual design, which preserved the location of Rt. 7 and the new interchange at I-81, and utilized the existing MDP #07-05, Stephenson Village September 1, 2005 Page 9 alignment shown for Alternative D of the 1992 studies. The applicant requested that the Commission consider this new alternative. The applicant noted that the Rt. 37 right-of-way was not proffered in text or committed to on their GDP when the rezoning was approved; the applicant stated that they were not in a position to provide the right-of-way for the Rt. 37 Alternative C. One citizen came forward and stated that they waited to build their home, back in the 1990's, until the Board of Supervisors had made their decision on a route for Rt. 37; he said the alternate route now described by the applicant goes directly through his home. In light of the applicant's proposal and the need to study the information presented, Commissioner Gochenour made a motion to table the rezoning. This motion was seconded by Commissioner Straub. A vote was not taken, however, due to the 11:00 p.m. mandatory adjournment required in the Commission's By -Laws. The Chairman announced that continuation of the consideration of this MDP would be rescheduled on the next available agenda. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/17/05 MEETING: The motion to table was withdrawn so that discussion could continue on this item. Five citizens came forward to speak in opposition to any proposed realignment of the Route 37 corridor from what was already approved by the Board of Supervisors. All five residents said that their homes and property would be impacted by Alternative D. The Chairman announced that there has not been any public study or discussion of a realignment of Route 37 from the approved Alternative C by the Board. The applicant contended that the MDP proposed is in compliance with the proffers and the GDP approved with their rezoning in 2003. The applicant said they would be willing to add a narrative to the MDP recognizing that based on what was approved in their rezoning, they are in compliance; however, the applicant would offer the community up to an additional 12 months to consider a realignment issue and would be willing to commit not to develop within the Phase I area that falls within this corridor until such time as either the 12-month window has expired or another agreed -upon date. The applicant added that funding for Route 37 remains uncertain. Commissioners discussed whether the applicant was in compliance with the Comprehensive Policy Plan by not depicting Route 37 Alternative C on their MDP. They also debated the implications of approving a MDP that did not provide future right-of-way for Route 37. The Planning Commission's legal counsel believed the Commission had the right to require that something of this magnitude be precisely shown on a MDP. Other members of the Commission questioned how the applicant could have proceeded so far in the application process without adhering to the County's expectations for Route 37, Alternative C, to be shown. The staff commented that the only change in the status of Route 37 over the last 12 years was that it was not on the funding list in the Primary Road Improvement Plan for a year; it had always been in the Comprehensive Policy Plan, the Eastern Road Plan, the WATS Plan, and it is still in the MPO Plan. Commission members believed that the MDP needed to meet Comprehensive Policy Plan requirements before it goes any further; however, other members pointed out that this MDP is in conformance with the Board of Supervisors' rezoning, with the guidance that was given at the time, and the proffers. MDP 907-05, Stephenson Village September 1, 2005 Page 10 A motion to recommend approval of the MDP with the developer's offer to work with the community for at least the next 12 months to confirm the location of Route 37 during this time frame. This motion was seconded and passed by the following majority vote: YES (TO REC. APPROVAL): Straub, Morris, Thomas, Ours, Kriz, Triplett, NO: Watt, Unger, Light, DeHaven ABSTAIN: Gochenour (Note: Commissioners Manuel and Wilmot were absent from the meeting.) MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Planning Commission Public Meeting Prepared: August 1, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Planning Commission: 08/17/05 Board of Supervisors: 09/28/05 Action Continued discussion to 08/17/05 Pending Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling MDP #07-05, Stephenson Village August 1, 2005 Page 2 units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi - modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authoritv: 1 st review — no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP #07-05, Stephenson Village August 1, 2005 Page 3 Geographic Information Systems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as shown in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP #07-05, Stephenson Village August 1, 2005 Page 4 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres MDP #07-05, Stephenson Village August 1, 2005 Page 5 dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for, nor address, the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (#34-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and MDP #07-05, Stephenson Village August 1, 2005 Page 6 historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allow others to remove it should an interested party be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream, flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP #07-05, Stephenson Village August 1, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants' complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and II, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path MDP #07-05, Stephenson Village August 1, 2005 Page 8 along the entire road length. The preliminary MDP does not provide for these features along the entire road length. ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residence of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. PLANNING COMMISSION SUMMARY & ACTION OF THE 07/20/05 MEETING: The applicant believed that all of the issues raised by the staff, including the provisions of the water and sewer connections from the Stephenson Village site to the public school and public park sites, have been addressed, with the exception of providing the Rt. 37 right-of-way through this project. It was the applicant's opinion that Alternative C, the Rt. 37 alternative adopted by the Board of Supervisors in 1992 and identified in the Comprehensive Policy Plan, was not going to be successful because of events that have occurred since its adoption. The applicant stated that the MPO has recommended that Rt. 37, between Rt. 7 and I-81, be developed as a four -lane, MDP #07-05, Stephenson Village August 1, 2005 Page 9 divided and controlled, managed -access highway. The applicant presented a conceptual design, which preserved the location of Rt. 7 and the new interchange at I-81, and utilized the existing alignment shown for Alternative D of the 1992 studies. The applicant requested that the Commission consider this new alternative. The applicant noted that the Rt. 37 right-of-way was not proffered in text or committed to on their GDP when the rezoning was approved; the applicant stated that they were not in a position to provide the right-of-way for the Rt. 37 Alternative C. One citizen came forward and stated that they waited to build their home, back in the 1990's, until the Board of Supervisors had made their decision on a route for Rt. 37; he said the alternate route now described by the applicant goes directly through his home. In light of the applicant's proposal and the need to study the information presented, Commissioner Gochenour made a motion to table the rezoning. This motion was seconded by Commissioner Straub. A vote was not taken, however, due to the 11:00 p.m. mandatory adjournment required in the Commission's By -Laws. The Chairman announced that continuation of the consideration of this MDP would be rescheduled on the next available agenda. Map Features Zoning MDP # 07 - 05 BMPlipeon N Budges ^� Dulveda ® 87 (Business, Neighborhood District) LakeslPonds ^� Dame ® 82 (Business, General District) Streams ming Walls B3 (Business, Industrial Transition District) Buildings Road Centerlines EM (Extractive Manufacturing District) - Tanks N HE (Higher Education District) OParcels ^� MI (Industrial, Light District) �.�� Toils Q M2 (Industrial, General District) OSWSA -as# UDA MHt (Mobile Home Community District) Ms (Medical support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) Q RA (Rural Areas District) Q RP (Residential Performance District) 13 Stephenson Village (44 - A - 292, 293 ) (44-A-31,31A) 0 250500 1,000 Feet y+)p �� v% r • r • 'f t^ w SLAUGHTER I Brookfield Stephenson Village, L'LL ' I 44 A 293 f _ SLAUGHTER Y CRIDER R SHGCKEY + µ A 26 STEF �••� - 14 A S7A I � �9�is , � ✓pBF � Q "— i w' a'— ra L gO, N' .: •� ��-• r r 15`ii (AITHEN Map Features Zoning MDP # 07 - 05 ApPllcation ^/ Bridges Culverts 0 Bi (Business, Neighborhood District) MS (Medical Support District) Stephenson Village (off Lakes/Ponde ^� Dams 4 1 B2 (Business, General District) R4 (Residential, Planned Community District) -•-- Streams Retaining walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) ( 44 - A - 292, 293 ) 8uild,ngs Road Centerlines EM (Extractive Manufacturing Dlstnct) Q RA (Rural Areas District) . T•nks N HE (Higher Education District) O RP (Residential Performance District) (44 - A - 31, 31 A ) ^� Parcels O Mt (Industrial, Light Distract) N Trails 0 M2 (Industrial, General District) ®SWSA uDA MHt (Mobile Home Community District) w E �lV�Y 0 250 500 1,000 S gmc=� Feet Gl Y MASTER DEVELOPMENT PLAN #07-05 STEPHENSON VILLAGE Staff Report for the Planning Commission Public Meeting Prepared: July 7, 2005 Staff Contact: Bernard S. Suchicital — Planner I 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: 07/20/05 Pending Board of Supervisors: 08/10/05 Pending LOCATION: The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-292, 44-A-293, and 44-A-31 A PROPERTY ZONING & PRESENT USE: Zoned: R4 ( Residential Planned Community) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: Zoning: R4 (Residential Planned Community) Use: Residential South: Zoning: R4 (Residential Planned Community) Use: Residential East: Zoning: R4 (Residential Planned Community) Use: Residential West: Zoning: R4 (Residential Planned Community) Use: Residential PROPOSED USE: Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling MDP #07-05, Stephenson Village July 7, 2005 Page 2 units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres dedicated for public school and recreation uses. The applicant has proposed to serve the development with a multi - modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The Master Development Plan will be conducted in a phased approach. Phase I will only address a portion of the residential uses planned for Land Bay III. All future phases will be included in future revisions to the Stephenson Village MDP. REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Routes 11 and 761, the VDOT facility which would provide access to the property. The submitted master development plan appears acceptable to VDOT. 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: Plans approved with submitted changes. Plan approval recommended. Frederick County Public Works: Upon review of the subject plan we offer the following comments: 1) Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; will this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as well as the flow rate will be altered which, in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2) Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Frederick County Sanitation Authority: 1 st review — no comment Frederick County Inspections Department: Please locate elevation of the FEMA 200 year flood plain on subdivision lot plans and site plans when submitted. Note that a demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comments required at this time. MDP #07-05, Stephenson Village July 7, 2005 Page 3 Geographic Information Systems (GIS): The Stephenson Village, Land Bay III Community Road Name Sheet has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes and placement are now approved and accepted into the system. . Frederick County — Winchester Health Department: No Comment as public water and sewer to be provided. Winchester Regional Airport: The Master Plan has been reviewed and it appears that the proposed site plan will not have any impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Frederick County Department of Parks and Recreation: The plan appears to meet open space requirements. Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of ten feet and meet department bicycle trail standards. The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. Staff believes the County should reserve the right to review and approve proposed recreational units. The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a ten foot wide hard surface trail meeting department standards. This would allow bicycles and strollers to use the trail system as well as pedestrians. Road markings for the four foot wide bicycle lands along the major collector road, as showen in typical road section, should be included. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 460 single family homes, 110 town houses and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 new students upon buildout. 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 and other projects in the area will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. MDP #07-05, Stephenson Village July 7, 2005 Page 4 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. 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. The Master Development Plan is required to be submitted with the R-4 rezoning application. In the Stephenson Village rezoning process, because of the scale of the project, the applicant requested and was granted the ability to submit the MDP at a point in the future. The MDP will be phased in; the first phase will include approximately 930 residential units on 285 acres. As future phases are introduced through the MDP review process, the MDP will be revised to reflect the cumulative project plan. B) Location The subject site is located east of Milburn Road (Route 662), south of Old Charles Town Road (Route 761), and southwest of Jordan Springs Road (Route 664), approximately 2,000 feet east of Martinsburg Pike (Route 11 North). The parcels comprising the site are located wholly within the Stonewall Magisterial District and are used primarily for agricultural purposes. Numerous parcels adjoin the 794 acre site, all of which are zoned RA (Rural Areas) and are either undeveloped or established with residential or agricultural land uses. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On September 24, 2003, the Board of Supervisors approved Rezoning #06-03 which rezoned the 794 acres to R-4 (Residential Planned Community) with proffers. D) Intended Use Residential Planned Community comprised of mixed housing types totaling 2,465 dwelling units, exclusive of the affordable elderly housing, with 250,000 square feet of commercial uses (190,000 square feet - retail; 60,000 square feet - office) and 44 acres MDP #07-05, Stephenson Village July 7, 2005 Page 5 dedicated for public school and recreation uses, on 795 acres. The applicant has proposed to serve the development with a multi -modal transportation system consisting of a major collector road, a system of pedestrian and bicycle trails, and a linear park trail within the Hiatt Run Corridor. The gross residential density proposed for this development is 3.10 dwelling units per acre. The project will be master planned in cumulative phases. This first phase will include 930 residential units (460 single family, 110 townhouses, and 360 multi -families) on 285.5 acres, which includes a portion of Land Bay III as proffered. The applicant has not included non-residential uses in Phase I of the master development plan. 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 subject properties are located within the boundaries of the Northeast Land Use Plan area. This Plan identifies the future land use as a Planned Urban Development; the present zoning is consistent with this PUD designation. The Northeast Land Use Plan also identifies the approximate path of the future Route 37 corridor. • The submitted Master Development Plan fails to provide for, nor address, the corridor planned for the proposed Route 37 extension. Historic Resources: The preservation of environmentally sensitive areas and significant historic resources is encouraged by the NELUP. The subject properties are adjacent to core area battlefield land associated with Stephenson's Depot (Second Battle of Winchester) and the Third Battle of Winchester (Opequon), and further includes the Byers House (034-1124), all of which are identified by the Developmentally Sensitive Area (DSA) designation in the Comprehensive Policy Plan. Resources identified as DSA constitute community and MDP #07-05, Stephenson Village July 7, 2005 Page 6 historical preservation areas that are to be protected from incompatible land uses through the use of adequate buffers and screening. • The applicant has stated their intent of removing the Byer's House from the property, and have offered to allow others to remove it should an interested party be identified. Environment: The subject site contains a variety of environmental features to include a perennial stream; flood plain, wetlands, steep slopes, and woodlands. The applicant proposes to incorporate the conservation of these sensitive environmental features into the overall development plan through a variety of proffered methods. The applicant has endeavored to accomplish resource conservation through the identification of two resource protection areas, which are identified as the Hiatt Run Corridor and the Wetland Intermittent Ravine Channel. The majority of the site's sensitive environmental features are captured within these two areas, the protection of which will occur through a combination of approaches, to include riparian buffers, easements, supplemental plantings, and development of resource management plans in collaboration with relevant state and non-profit environmental organizations. The proffered Generalized Development Plan delineated the location of the proposed resource protection areas. Transportation: Access to the subject site will be via a 4-lane raised median major collector road which links Old Charlestown Road with Route 11 (in the vicinity of Ruthersford Farm Industrial Park). This major collector road will be built in sections, initially a 2-lane section. Trip counting equipment will be installed within the major collector road pavement, and when predetermined vehicle trips are reached, additional road improvements will be implemented, ultimately achieving the 4-lane roadway (as proffered). Recreation: A recreation center is proffered to include a 1,200 S.F. building with a bathhouse and a 6- lane, 25-meter competition swimming pool, and one (1) tot lot. A private recreation center will be built to the exclusive use of residents of the Active Adult Community. This will consist of a 10,000 S.F. building with an indoor pool, and a separate tennis court will also be made available to this community. An 8,000 linear foot pedestrian trail system will also be included that will connect each recreation area to the surrounding neighborhood. A twenty -foot (20') wide trail easement shall be dedicated to Frederick County Parks and Recreation Department. As proffered, the trail shall be provided within the Hiatt Run Corridor and run the length of the said corridor on the subject property for 3,800 +/- linear feet. MDP #07-05, Stephensuti Village July 7, 2005 Page 7 F) Proffered Conditions When the rezoning application was approved by the County in 2003, the county also accepted the applicants" complex proffer statement, which included modification requests, proffered conditions, and a design manual. This proffer statement enabled the applicant to deviate from various county requirements, introducing increased flexibility to various design standards which is unique to the R-4 zoning district. New housing types were introduced, such as courtyard clusters and carriage houses. And a greater mix of housing was approved, which enables a mix of single family, townhouses and multi -family residences within and in close proximity to one another. The applicant also proffered a monetary contribution of $5,327 per residential unit (not applicable to active adult and elderly units) to address projected impacts on various county facilities: schools, parks, and fire and rescue to name a few. Phased development was an important aspect of the rezoning application. The applicant proffered that no more than 8% of the total allowed density would be built annually. Additionally, the applicant proffered that no more than 60 new students would be introduced to the school system, annually. An additional payment of $3,925 would be provided to the County for each student above and beyond the 60 per year as planned. The applicant has proffered to various transportation improvements, including the major collector road, as well as traffic signals and other off -site road improvements, to facilitate vehicular movement from the site to Route 11 and beyond. The applicant proffered to provide the County with a school and park site, located in the vicinity of Old Charlestown Road, on the north side of the project. These sites are identified on the master development plan as Land Bay I and II, respectively. G) Issues Staff has identified numerous issues that still require attention, modification, and clarification. These outstanding issues are as follows: 1. Transportation a. Planned Route 37 location. The Comprehensive Policy Plan (Northeast Land Use Plan and the Eastern Road Plan) and the Winchester Area Transportation Study (WATS) each plan and identify the location of the future Route 37 corridor, which traverses the subject project. Provisions for this planned roadway should be included on the MDP, and addressed by the applicant. b. Major Collector Road ("Crossed Cannon Boulevard") i. Clarify the road design, from Old Charlestown Road through the project to Route 11. It is expected that this major collector road will have an 80-ft right-of-way, raised landscaped median, curb and gutter, and a bike path MDP #07-05, Stephensoni Village July 7, 2005 Page 8 along the entire road length. The preliminary MDP does not provide for these features along the entire road length. ii. Continuation of bike path and/or sidewalks along Old Charlestown Road to more appropriately link the Stephenson Village project with the existing residence of Stephenson. iii. Enhance pedestrian access from the existing Milburn Road and future Cross Cannon Boulevard. iv. Phasing and clarification of the completion of sections of the major collector road, including its bonding, right-of-way dedication, and construction benchmarks. 2. Identification of the proffered school and parks sites throughout the MDP, subdivision, and platting process. a. Provisions for vehicular and pedestrian access to the public facilities. Specifically, the location of vehicular and pedestrian access points from the Stephenson Village community should be provided on the MDP. Possibly extend Malvern and Sabot Roads to the school and park sites to provide for vehicular access. b. Provisions for water and sewer connections from the Stephenson Village residential element to these future county facilities. STAFF CONCLUSIONS FOR THE 07/20/05 PLANNING COMMISSION MEETING: The preliminary Master Development Plan for the Stephenson Village project appears to be in general conformance with the policies of the Comprehensive Policy Plan and the requirements of the Zoning Ordinance, except as briefly noted above. The project will be master planned in phases. This first preliminary master development plan addresses the development of 258 acres of land bay area III, which would result in 930 residential units. As noted above, the applicant should more appropriately provide clarification regarding the project's conformance pertaining to the identified issues. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. I Mav 11, 2005 Mr. Kurt Peluiington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Road Plan Comments - Old Charlestown Road Public Improvements Stephenson Village Subdivision Frederick Count\", Virginia Dear Kurt: Upon review of the subject plan we offer the following continents: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Provide outlet protection design and dimensions on the plan for all proposed and existing culverts in accordance \with VESCH Standard 3.18. Also, you have proposed the replacement and enlargement of several existing culverts; vvil,l this create a need for platted drainage easements? If you proceed with the proposed culvert size changes, the existing drainage pattern as \"well as the flow rate \"will be altered which., in turn, may impact the downstream property owned by Judith and Marshall McCann Slaughter. It will be necessary to ensure that an adequate drainage channel exists and that Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations is met. It will be necessary to acquire easements to install the proposed outlet protection and Rip Rap if applicable. 2. Stabilization matting shall be installed on any slopes greater than 3:1 to ensure the establishment of proper vegetative cover. Once these comments have been addressed. submit one (1) copy of the plan for further review. Sincerelv. Joe C. Wilder Deputy Director JCW/rls cc: P1annung and Development File CAProgram Files\\wordPert'ect 0171ce I I\12honda\P\wC0\I\iITT G1:\oldcharlestom)1-(Istcphensonvilcom.irpd 107 North Kent Street • Winchester, Virginia 22601-5000 Mne ,_ 1 �: Request for Master Development Plan Comments APR Vg ck County Department of Public Works Mail to: Hand deliver to: Frederick County 4' Floor Department of Public Works 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Mll Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Villgge Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. o Department of Public Works Frederick Counly, Virginia Master Development Plan Application Package Request for Master Development Plan Comments JUN 1 3 2005 Virginia Department of Transportation Mail to: VirginiaDepartment of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: VirginiaDepartment of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-535-1828 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 AMP with the sheet. Applicant's Name: Address Phone Number Greenway Engineering 151 Windy FEII Iane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. VirginiaDepartment of Transportation's Comments: The master development plan for this property appears to have significant measurable impact on Routes 11 and 76tr The submitted master development plan appears acceptable to VDOT. BeFeFe mal(if9g afiy fligal eemments, this effiee Well FeqUiFe a eemplete set of site plaRs, dFaiRage G@IGWI;A6QAr arid 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 office for issuance of appropriate permits to cover said work. Control number MDP05-0003R Project Name Stephenson Village Address 151 Windy Hill Lane Type Application Master Development Current Zoning R4 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County.Fire and Rescue Department Office of the Fire Marshal . J11N_ 13 2005 Flan Review and Comments Date received Date reviewed Date Revised 5/12/2005 5/12/2005 5/12/2005 City Winchester Tax ID Number Applicant Greenway Engineering State Zip VA 22602 Fire District 13 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Additional Comments Pians 27'proved with submitted chariges. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title Applicant Phone 540-662-4185 Rescue District 13 Election District Stonewall Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No pit, MAY 1 6 2005 Ir`V S' V A n; F114t NARSNAL,1=REDERICK COUNTY Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 41h Floor Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 J U N 1 3 2005 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway En ing eering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Frederick County Inspections Department's Comments: Please locate elevation of the FEMA 100 year flood plain on subdivision lot plans and site plans when submitted. Note that demolition permit shall be required to remove any structures and is subject to VUSBC section 112.1.4 Asbestos inspection prior to permit issuance. No additional comment required at this time. Request for Master Development Plan Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County 4 h Floor Department of Public Works 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Address Phone Number Greenway En ingeerine 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Stephenson Villgge Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Department of Public Works Comments: 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, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 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 the sheet. Applicart's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Frederick County Sanitation Authority's Comments: /y4� � : 1 fl Ik 3 9 ._.,l Ij 2005 Frederick County Department of GIS G� gY:.------------------- Attn: Marcus Lemasters, GIS Manager 107 North Kent Street Winchester, Va. 22601 (540) 665-5614 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 and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan — Road Name Approval Location: The subject site is located on the south side of Old Charles Town Road (Route 761) and Jordan Springs Road (Route 664); and on the east side of Milburn Road (Route 662) in the Stonewall Magisterial District. GIS Department Comments: The Stephenson Village, Land Bay III Community Road Name Sheet Has been revised to meet the requirements and changes set forth in Frederick County GIS Comment Sheet dated March 3, 2005. Road names, suffixes, and placement are now approved and accepted into the system. r� r-� r lj �J C� Fii MAY 2 0 2005 Request for Master Development Plan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 662-2422 Winchester, Virginia 22602 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenwgy Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Winchester Regional Airport Comments: I WinchesterRegional Airport use only Date reviewed Review Number 12 3 4 5 (please circle one) Date reviewed Date approvedJL .f t' Revision required Signature and Date G, i� MAR 1 4 2005 FiEGIpNgt , SERVING THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT March 10, 2005 Evan Wyatt, Planner Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Master Deveiopment Plan ion net its Stephenson Village Stonewall Magisterial District Dear Mr. 4-0` J U N 1 3 2005 The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the proposed development lies within the airport's airspace it does fall outside of the airport's Part 77 surface. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director f 1 I Lfr � I i•' I� ij ;` MAR 1 1 2005 (, .. Administrative Assistant to the Superintendent Greenway Engineering Attention: Mr. Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: G Li "FCPS r a Frederick County Public Schools Visit us at www.frederick.kl2va.us April 28, 2005 RE: Stephenson Village Master Development Plan File No: 2760B JUN 1 3 2005 e-mail: kapocsis@frederick.k12_va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Stephenson Village Master Development Plan project. Based on the information provided, it is anticipated that the proposed 460 single-family homes, 110 town houses, and 360 multi -family homes will yield 104 high school students, 91 middle school students, and 267 elementary school students for a total of 462 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 school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully yours, Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 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"a Floor 107 N. Kent Street 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) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Stephenson Village Master Development Plan Location of property: The property is located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662) in the Stonewall Magisterial District. Department of Parks and Recreation's Comments: SEE ATTACHED Department of Parks and Recreation use only Date reviewed Review Number 12 3 4 5 (please circle one) Date reviewed Date approved Revision required _ Signature and Date pTHOdCI JUN 0 9 2005 D Stephenson Village - Master Development Plan Comments Department of Parks and Recreation Comments: JUN 1 3 2005 • The Plan appears to meet open space requirements. • Staff recommends the County reserve the right to develop the 24-acre park site as deemed appropriate by the Parks and Recreation Commission and the Board of Supervisors. • The Hiatt Run Trail appears to be six feet in width. Staff recommends the trail be a minimum of 10 feet in width and meet department bicycle trail standards. • The proffer statement indicates if development on the proposed park land does not take place within ten years after it is turned over to the County, the land will revert back to the developer. Staff does not believe the developer should control when or how the dedicated park land is developed. • The plan indicates that 82.2 recreational units are required for this development and 117.9 have been provided. Of the 117.9 units offered, only 47.3 units are available to the general public. Staff believes only recreational units available to the general public should be counted towards meeting recreational unit requirements. • Staff believes the County should reserve the right to review and approve proposed recreational units. • The County should require the proposed 24 acres of park land to be given in its present state or with improvements approved by the County. • Staff recommends an upgrade of the Pedestrian Trail System to a minimum of a 10 foot wide hard surface. trail meeting department standards.. This would allow bicycles and strollers to use the trail system as well as pedestrians. • Road markings for the four foot wide bicycle lanes along the major collector road, as shown in typical road section, should be included. Signature and Date: �'2` /� f��✓ r/15V'�� eAt\ GREENWAY ENGINEERING %�ro7 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: Stephenson Village -Master Development Plan File No: 2760B Date June 13, 2005 To: FC Planning From: Evan Wyatt/dlm Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message:Mike, Attached is the following for the above Master Development Plan: -Master Development Plan application -Application fee check for $30,550.00 -2 Special Limited Power of Attorney forms -2 30"x42" copies of the complete MDP -69 18"x24" copies of the summary set of plans -Review agency comment letters from: VDOT `�- FCSA FC Public Schools ` 1 JUN 1 3 2005 FC Fire Marshal I FC Inspections FC Public Works- FC GIS Winchester Regional Airport FC Parks and Recreation -Comment response letter to Planning per comments dated April 11, 2005 Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received By: Date: Document Approval Form. 0 1 3 2005 PLEASE REVIEW THE ATTACHED DOCUMENT• IF = DOCUMENT I,MTS YOUR APPROVAL PLEASE 24rr AL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. rF THTSDOCMENTDOESNOTMEET YOURAPPROVAL PLEASE PROVIDE COR ENTSAS TO WHAT YOU WOMD ZEE TO HAVE COMPLETED. IIVTITAIS DATE & TLME C-andice� T Susan Eric CONIlMENTS: Received by Clerical Staff (Data & Time): Jam and Smudge Free Printing ® www.averyxom Use Avery® TEMPLATE 5161® 1-800-GO-AVERY 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE, LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX, VA 22031 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE, LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX, VA 22031 44 - A- - 292- STEPHENSON ASSOCIATES, LC PO BOX 2530 WINCHESTER, VA 22604.1730 44 - A- - 148- JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD WINCHESTER, VA 22603.3721 I' 44 A- 149- RUSSELL, ROBERT H ETALS 104 WINSLOW CT WINCHESTER, VA 22602.6762 AVE RY@ 51610 44 - A- - 292- STEPHENSON ASSOCIATES, LC PO BOX 2530 WINCHESTER, VA 22604.1730 i 44 - A- - 148- I JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD WINCHESTER, VA 22603.3721 44 - A- - 149- RUSSELL, ROBERT H ETALS 104 WINSLOW CT WINCHESTER, VA 22602.6762 44 - A- - 150- 44 - A- - 150- STULTZ, GLENN A. & BETTY A. STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD 518 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 STEPHENSON, VA. 22656.1828 A213A`d-O9-008-L ®LgL5 llJege6 al zasinn ®Lfts pA21 AV ® wori(Jane•AAAAAA ® apldeJ 96ey:)as a ja a6eJJnogljue uolssaidwl Brookfield Stephenson Village, LLC 8500 Executive Park Ave., Ste. 30 Fairfax, VA 22031 Stephenson Associates, LC PO Box 2530 Winchester, VA 22604 Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 44 - A- - 151- STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 A--- 151- STULTZ, GLENN A. & BETTY A. // 518 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.182E 44 - A- - 153- SPITZER, RAY E. & CHRISTINE E. 540 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 154- VUILLERMET, ROBERT EUGENE 550 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 44 - A- - 155- STROTHER, JOHN R. 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1828 44 - A- - 156- HOTT, R. CHARLES & KAY K. 572 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 A213AV-09-008-I. ®1915 @AtJ3^d wori(iane-NVV n W ry. 100 GO AVERY AVERYO 51610 44 . A- . 151 STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON, VA-- 22656.182E 44� A• - 151. STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.182E 44 - A- - 153- SPITZER, RAY E. & CHRISTINE E. 540 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 154- VUILLERMET, ROBERT EUGENE 550 OLD CHARLES TOWN RD STEPHENSON, VA 22656.182E 44 - A- - 155- STROTHER, JOHN R. 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 156- HOTT, R. CHARLES & KAY K. 572 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1828 p696s z!aege6 al zasimn ap!dea a6ey:)as a ja a6eaanoq!jue uo!ssaidwl Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 www.avery.com ® 1-800-GO-AVERY AVERYO 51610 44 - A- - 157- LOLICH, WILLIAM G 582 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 44 - A- - 158- WILSON, ROBERT & MARY BETH 458 DEVILS BACKBONE OVLK STEPHENSON,VA 22656.1903 44C - 2- - A- ZIRKLE, WILLIAM RAY & HELEN CHRISTINE 614 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44C - 2- - B- JOBE, CHARLES S. & MARY A. 634 OLD CHARLES TOWN RD STEPHENSON,VA 22656 22656.1829 44 - A- - 157- LOLICH, WILLIAM G 5B2 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1B28 44 - A- - 158- WILSON, ROBERT & MARY BETH 45B DEVILS BACKBONE OVLK STEPHENSON,VA 22656.1903 44C - 2- - A- ZIRKLE, WILLIAM RAY & HELEN CHRISTINE 614 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1B29 44C - 2- - B- \ JOBE, CHARLES S. & MARY A. 634 OLD CHARLES TOWN RD STEPHENSON,VA 22656 22656-1829 44C - 2- - D- 44C - 2- - D- BLY, TERRY L & CONNIE S BLY, TERRY L & CONNIE S 644 OLD CHARLES TOWN RD 644 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 STEPHENSON,VA 22656.1829 A113AV-09-008-1 ®L9L5 I!aege6 al zasinn @)L9L5 ®AIMAV w03-AJane-mNm ® ap!dea a6e4:)as a 19 a6eaanoq!lue uo!ssaidwl Jam and Smudge Free Printing ® www.avery.com AVERYO 51610 Use Avery® TEMPLATE 51610 1-800-GO-AVERY 44 - A- - 161- GRAY, JEAN K CIO JEAN NICHOLSON PO BOX 151 STEPHENSON,VA 22656.0151 44 - A- - 162- GETTS,ELLEN ELAINE 660 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1829 44 - A- - 163- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44 - A- - 164- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656-1829 44 - A- - 164- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44 - A- - 165- RITTER, JUANITA M 688 OLD CHARLES TOWN RD / STEPHENSON,VA 22656.1829 /44 - A- - 165- RITTER, JUANITA M ` 688 OLD CHARLES TOWN RD / STEPHENSON,VA 22656-1829 A113AV-09-008- L Q)Ms ®A?J3A%f ® uao3-Aj9Ae-MAAAA 44 - A- - 161- GRAY, JEAN K CIO JEAN NICHOLSON PO BOX 151 STEPHENSON,VA 22656.0151 J 44 - A- - 162- GETTS,ELLEN ELAINE 660 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1829 44 - A- - 163- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44 - A- - 164- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44 - A- - 164- RITTER, JUANITA M 688 OLD CHARLES TOWN RD,, STEPHENSON,VA /, 22656.1829 44 - A- - 165- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 44 - A- - 165- RITTER, JUANITA M 688 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1829 oLg6S llaege6 al zaslll;n ® apldea a6ey:)as a la a6eaanogllue uolssaidwi Jam and Smudge Free Printing ® www.avery.com Use Avery® TEMPLATE 51610 1-800-GO-AVERY 44 - A- - 139- 44 - A- - 139- MCKEE, ANNA B & LESTER W MCKEE, ANNA B & LESTER W 102 FAIRWAY OR 102 FAIRWAY DR WINCHESTER,VA 22602.6016 WINCHESTER,VA 22602.6016 44 - A- - 166- RUSSELL, ROBERT H ETALS 532 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 AVERYO 51610 44 - A- - 166- RUSSELL, ROBERT H ETALS 532 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 J 44 - A- - 208- 44 - A- - 208- GOLLER, ACTRESS I GOLLER, ACTRESS 1 776 OLD CHARLES TOWN RD 776 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1830 STEPHENSON, VA 22656.1830 44 - A- - 209- 44 - A- - 209- AFFLECK, RODNEY L AFFLECK, RODNEY L 786 OLD CHARLES TOWN RD 786 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1 B30 STEPHENSON, VA. 22656.1830 44 - A- - 210- 44 - A- - 210- JONES, WILLIAM C JR & BRENDA L JONES, WILLIAM C JR & BRENDA L 796 OLD CHARLES TOWN RD 796 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1830 STEPHENSON, VA 22656-1830 A113AV-O9-008-1 Olg6S I!aege6 a! zos!1!}n OL9LS ®AIMAd wo:)-Aj9ne-MAA n ® ap!dea 96e4:)as a 19 a6eaanoq!;ue uolssaidwl Jam and Smudge Free Printing www.avery.com AVERY@ 51610 Use Avery® TEMPLATE 51610 1-800-GO-AVERY 44 -A- - 211- KNUPP, RICHARD R & BONNIE R PO BOX 97 STEPHENSON,VA 22656.0097 < 44 - A- - 212- HAYES, JACK L 734 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 44 - A- - 218- KRASICH, DINAH G & JOHN E 776 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 44 -A- - 211- -- KNUPP, RICHARD R & BONNIE R PO BOX 97 STEPHENSON,VA 22656.0097 44 - A- - 212- HAYES, JACK L 734 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 44 - A- - 218- KRASICH, DINAH G & JOHN E 776 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 i 44 - A- - 213- 44 - A- - 213- LAFFOLLETTE, ALLEN LEE LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD 744 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1911 STEPHENSON, VA. 22656.1911 44 - A- - 214- 44 - A- 214- CAMERON, ROY C. & MILDRED F. CAMERON, ROY C. & MILDRED F. 752 JORDAN SPRINGS RD 752 JORDAN SPRINGS RD STEPHENSON,VA. 22656.1911 STEPHENSON,VA. 22656.1911 AkMAV-09-008-1, ®LgLs 1!aege6 al zas!nn ®L9L5 ®ALMA W a ua03-AJOAe•AAAAm ® ap!dea a6eg3as a;a a6eaanocIgue uo!ssaidwi Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 s www.avery.com 1-800-GO-AVERY aAVERY® 5161(D 44 - A- - 215- 44 - A- - 215- PENNISON, DONALD JR & LISA PENNISON, DONALD JR & LISA 760 JORDAN SPRINGS RD 760 JORDAN SPRINGS RD STEPHENSON,VA 22656.1911 STEPHFNcnri .wA - - www.avery.com Q AVERY® 51610 ® Impression antibourrage et a sechage rapide 1-800-GO-AVERY Utilisez le gabarit 51610 44 - A- - 216- TYSON, BAKER B & SHIRLEY P 44 - A- - 216. TYSON, BAKER B & SHIRLEY P 768 JORDAN SPRINGS RD 22656.1911 768 JORDAN SPRINGS RD STEPHENSON, VA STEPHENSON, VA 22656.1911 44 - A- - 219- 44 - A- - 219- HAWES, DAREN C & BARBARA J HAWES, DAREN C & BARBARA J 784 JORDAN SPRINGS RD 784 JORDAN SPRINGS RD STEPHENSON,VA 22656 STEPHENSON,VA 22656 44 - A- - 220- 44 A- - 220- ANDERSON, RUSSELL 0 ANDERSON, RUSSELL 0 CIO CAROLSUE A LACY CIO CAROLSUE A LACY 11520 DANFORTH RD 11520 DANFORTH RD CHESTERFIELD, VA 23838.2225 CHESTERFIELD, VA 23838.2225 44 - A- - 221- TRAVERS, GEORGE 0. 804 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 AIMAV-OD-008-1, ®L9L5 G)AU3AAf ® LU03- Aane'MMM 44 - A- - 221- TRAVERS, GEORGE 0. 804 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 ®L9Ls Ilaege6 al zeslll;n apldea a6ey:)as a;a 96eaanogljue uolssaadmi Jam and Smudge Free Printing www.avery.com AVERY@ 51610 Use Avery® TEMPLATE 51610 1-800-GO-AVERY 44 - A- - 222- MCGAFFICK, ROGER A & MARY S 816 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 223- MILBURN, DONALD L & KIMBERLY M 826 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 224- SMITH, MITCHELL B 836 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 225- LINK, STEVE A & DENNIS W P 0 BOX 236 STEPHENSON,VA 22656 44 - A- - 222- MCGAFFICK, ROGER A & MARY S 816 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 223- MILBURN, DONALD L & KIMBERLY M 826 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 224- SMITH, MITCHELL B 836 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 225- LINK, STEVE A & DENNIS W P 0 BOX 236 STEPHENSON,VA 22656 44 - A- - 226- 44 - A- - 226- WILLS, JERRY MICHAEL & YVONNE WILLS, JERRY MICHAEL & YVONNE 856 JORDAN SPRINGS RD 856 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 STEPHENSON,VA 22656.1912 Ald3AV-09-008-1, oLgLS I!aege6 al zas!I!in ®1915 ®AU3ANf wori(aane-AAAW ® ap!dea 86e4a9s a 19 a6eaanoq!;ue uolssaidwl Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 44 - A- - 228- GORDON, SHAWN MICHAEL 868 JORDAN SPRINGS RD STEPHENSON,VA 22656 44 - A- - 231 - _ - ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 - A- - 229- ESTEP, DONALD L & HELEN L - PO BOX 66 STEPHENSON,VA 22656.0066 44 - A- - 229- ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 A- - 231-B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 ® www.avery.com AVERY® 51610 1-800-GO-AVERY 44 A- - 228- GORDON, SHAWN MICHAEL 868 JORDAN SPRINGS RD STEPHENSON,VA 22656 44 - A- - 230- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 ®�9is ®AIJ3AV Jlaanv-O�- LUO:)YCIaAe'MAAA&MM 44 - A- - 231- I ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 - A- - 229- ESTEP, DONALD L & HELEN L PO BOX 66 iI STEPHENSON,VA-22656.0066 44 - A,--229- ESTEP, DONALD L & HELEN L �PO BOX 66 STEPHENSON,VA 22656.0066 !;� - - - I 44 A- 231-B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 230 HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 ®L9L5 I!iege6 al zasimn apldea 96e4:)as a;a a6eaanoq!jue uolssaadual Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 44 - A- - 231-A FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 231-A FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 www.avery.com AVERW 51610 1-800-GO-AVERY 44 - A- - 231-A FAUVER, HARRY S JR �- 906 JORDAN SPRINGS RDA STEPHENSON,VA 22656.1913 44-V-231-A FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 44 - A- - 232- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD° STEPHENSON,VA 22656.1913 44 - A- - 233- 44 - A- - 233- HEPNER, STEPHEN K. HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 STEPHENSON,VA 22656.1913 44 - A- - 233- 44 - A- - 233- HEPNER, STEPHEN K. HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 / STEPHENSON,VA 22656.1913 / 44 - A- - 234- 44 A- - 234- DAY, VIOLET DAY, VIOLET PO BOX 153 PO BOX 153 STEPHENSON,VA 22656.0153 STEPHENSON,VA 22656.0153 44 - A- - 235- 44 - A- - 235- DAY, VIOLET V DAY, VIOLET V PO BOX 153 PO BOX 153 STEPHENSON,VA 22656.0153 STEPHENSON,VA' 22656.0153 44 - A- - 235- 44 - AZ235- DAY; VIOLET V DAY, VIOLET V PO BOX 153 PO BOX 153 / STEPHENSON,VA 22656-0153 / STEPHENSON,VA 22656.0153 A113AV-09-008-1 a ®1915;!aege6 al zasinn @Ms @A? 3AV ua03-f(a9ne-AAAAAA ® ap!dea a6ey:)as a ja a6eaanogl;ue uolssaidwi Jam and Smudge Free Printing ® www.avery.com AVERY@ 5161(D Use Avery® TEMPLATE 51610 1-800-GO-AVERY 44 . A- - 236- 44 A- 236- MERRITT, GERALD WRIGHT MERRITT, GERALD WRIGHT 976 JORDAN SPRINGS RD 976 JORDAN SPRINGS RD STEPHENSON, VA. 22656.1913 STEPHENSON, VA. 22656.1913 44 A- 286- 44 A- 286 - HEIRS OF DORIS KINES HEIRS OF DORIS KINES CIO THERESA K GIBBS CIO THERESA K GIBBS 1968 FAIRFAX PIKE 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 WHITE POST, VA 22663.1811 44 - A- - 287- 44 - A- - 287- HEIRS OF DORIS KINES HEIRS OF DORIS KINES CIO THERESA K GIBBS CIO THERESA K GIBBS 1968 FAIRFAX PIKE 1968 FAIRFAX PIKE WHITE POST, VA. 22663-1811 WHITE POST, VA. 22663.1811 44 - A-' 287- 44 - A - 287- HEIRS OF DORIS KINES HEIRS OF DORIS KINES CIO THERESA K GIBBS CIO THERESA K GIBBS 1968 FAIRFAX PIKE 1968 FAIRFAX PIKE WHITE POST, VA. 22663.1811 WHITE POST, VA. 22663.1811 44 - A- - 288- ( 44 - A- 288- -- - - WALTERS, WAYNE E WALTERS, WAYNE E 183 QUIET PLACE LN 183 QUIET PLACE LN BERKELEY SPRINGS, WV 25411 BERKELEY SPRINGS, WV 25411 44 - A- - 288- 44 - A- • 288- WALTERS, WAYNE E WALTERS, , A NEE i 183 QUIET PLACE L 183 QUIET P CE LN BERKELEY SPRING , WV 25411 BERKELE ' PRI I WV 25411 44 - A- • 288• 44 , A- 8- WALTERS, WAYNE E WAL ER , WAYNE E 183 QUIET PLACE LN 183 UI ACE LN BERKELEY SPRINGS, WV 25411 BERKELEY SPRINGS, WV 25411 ®1965 ®R2J3�tI/ a Aa3Ad-O9-008-L ® ®L9LS;laege6 aI zosimn ua0YAA9Ae-MMAn ® ap!dea 96ey:)as a 1a 96eaanoq!jue uolssaidwi Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 www.avery.com 1-800-GO-AVERY AVERY@ 51610 44 - A- - 289- LOFTHOUSE, ELSIE A PO BOX 2256 WINCHESTER, VA. 22604.1456 44 -A- -291- SAVILLE, RICHARD L PO BOX 103 STEPHENSON, VA 22656.0103 45 -9- 3. 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON, VA 22656.0022 44 - A- - 289- LOFTHOUSE, ELSIE A PO BOX 2256 WINCHESTER, VA. 22604.1456 44 - A- - 291- SAVILLE, RICHARD L PO BOX 103 STEPHENSON, VA 22656.0103 45 - 9- 3- 2- HOFFMAN, WILLIAM 0. & PATSY L. PO BOX 22 STEPHENSON, VA 22656.0022 a 45 - 9.3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON, VA 22656.1918 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656.1918 44 - A- - 285- 44 - A- - 285- WOLF, DOROTHY A WOLF, DOROTHY A 358 BROOKANNLEIGH DR 358 BROOKANNLEIGH DR GORE, VA 22637.2502 GORE, VA 22637.2502 A113n`d-09-008-L ®LgLS;Iaege6 al zaslmn OMS 0AIJ3AV wo:)-AA9ne'MMAn ® apldea a6e4:)as a;a 96eaanogl;ue uolssaidwl Jam and Smudge Free Printing ® www.avery.com AVERY® 5161� Use Avery® TEMPLATE 51610 1-800-GO-AVERY I 44 - A- - 237- 44 A- 237- ROBERTS, CHRISTINE K & EDDIE R SR ROBERTS, CHRISTINE K & EDDIE R SR & GIBBS, THERESA K & DAVID B & GIBBS, THERESA K & DAVID B 1968 FAIRFAX PIKE 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 WHITE POST, VA 22663.1811 i 44 - A- - 238- 44 - A- - 238- ' SHRECK, CATHERINE EST. SHRECK, CATHERINE EST. 208 GREENFIELD AVE 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 WINCHESTER, VA. 22602.6635 I' I, 44 - A- - 207- 44 - A- - 207- LUDWICK, JAMES L & NANCY L LUDWICK, JAMES L & NANCY L I 779 OLD CHARLES TOWN RD 779 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 STEPHENSON, VA. 22656.1 B24 =ovo=w=�+vtR 44 - A:_20'8-- - 44 - A- - 206- LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1824 44 - A- - 204- BRAGG, DAVID L PO BOX 174 CLEARBROOK, VA �L915 ®AU3AV I i 22624.0174 AH3AV-09-008-1, W0)-AJ8Ae-MMM 44 - A- - 206- LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1824 - — - 44 - A- - 204 - BRAGG, DAVID L PO BOX 174 CLEARBROOK,VA 22624.0174 @LgLS }!Jege6 al zosimn apldeJ 96ey:)as a ja 96eaanogl;ue uolssaidwi Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 44 - A- - 229- ESTEP, DONALD L & HELEN L /— PO BOX 66 STEPHENSON,VA �.- " f� 22656.0066 44 229- -ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 - A- - 167- CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD STEPHENSON,VA 22655 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 169- BLISSERT, GERALD & JOAN E. & 707 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 44 - A- - 170-C ANDERSON, JOHN KENNETH PO BOX 27 STEPHENSON,VA. 22656.0027 ® www.averyxom AY�RY� 5161® ® 1-800-GO-AVERY 44 A- - 229- ESTEP, DONALD L & HELEN L� PO BOX 66 STEPHENSON,VA 22656.0066 44 �A�229 ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 - A- - 167- CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD STEPHENSON,VA 22655 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 169- BLISSERT, GERALD & JOAN E. & 707 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1824 44 A- - 170-C ANDERSON,JOHN KENNETH PO BOX 27 STEPHENSON,VA. 22656.0027 AV3AV-09-008-1 )LgLS jyege6 al zasimn ®L9L5 0AIMAW wow(aane-MAftM ® apldea 96eg3as a;a a6eaanogl;ue uolssaidwl Jam and Smudge Free Printing www.avery.com AVERXO 51610 Use Avery® TEMPLATE 51610 1-800-GO-AVERY 9 44 - A- - 170- WINCHESTER GUN CLUB, INC PO BOX 2012 WINCHESTER,VA 22604.1212 44 - A- - 173- ELLIS, LEONARD C. JR. CIO ELLIS WAREHOUSE & MINI STG 10487 WASHINGTON HWY GLEN ALLEN, VA 23059.1964 44C - 1- - 15- LOUZONIS, JOSEPH THOMAS JR 543 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1822 44C - 1- - A- COLLETT, JOEL A. & DIANE L 527 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1822 44 - A- - 170- WINCHESTER GUN CLUB, INC PO BOX 2012 WINCHESTER,VA 22604.1212 44 - A- - 173- ELLIS, LEONARD C. JR. CIO ELLIS WAREHOUSE & MINI STG 10487 WASHINGTON HWY GLEN ALLEN, VA 23059.1964 44C - 1- - 15- LOUZONIS, JOSEPH THOMAS JR 543 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1822 44C - 1- - A- COLLETT, JOEL A. & DIANE L 527 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1822 q4 ..p j I - l A -tc�. n 1, 4. 4 (ivotine L.J;(Iy 31519 'L 3tvokv,v,. leill, n" Gort . VA 22L3� %t ey Env .+Ser`F/.Q KEY TO ADJOINING PROPERTY OWNERS AM= TAX IDEN7IFICATtON N0. DAVID C. JENKI NS t SCAM 1L J®UIDNS AQ Tx 44-A-148 v RA RESIDE NUS 979 DICKS HOIIOW RD. WMMMME2 VA 22603 TAL 44-A-149 ✓ ROBERT H. RUSSEL, ET ALS RA RESIDENIIAL 104 WINSLOW CT, WINC8CMM VA 22602 © TJL 44-A-150 ✓ GLENN A. =72 t BETTY A. smTZ ✓ RA UYDO?ROVED 518 OLD CHARGES TOWN RD. STEPHENSON, VA 2255E QD TJL 44-A-151 Q£ TJL. 44-A-163 GLENN A. MUM t BETTY A. STULTZ RA [NEYIDENTW . 518 OLD CHARLES TOWN RD. STEPHENSON, VA 22a5a ✓ RAY E SPTPLFI t CRINSTINE E. SP11TEEt RA RESIDENTIAL 540 OLD CHARGES TOWN RD. STEPHENSON. VA 22M Q T.Y. 44-A-154 ✓ ROBERT E. VUMZRba.T t ROSE E. VULLEEIIET V1RA RESIDENTIAL 550 OLD CHARGES TOWN RID, STEPHENSON. VA MM © T.Y. 44-A-155 ✓ OH T.Y. 44-A-156 ✓ JOHN R. STROTHIM t VENE[DA C. smmm--L,7 RA RESIDENTIAL 580 OLD CHARGES TOWN RD. SrEPHENSON. VA 22656 Q/ ✓ R CHARGES HOIT t KAY IL HOTT ✓ RA RESIDENTIAL 572 OLD CHAMM TOWN RD. SrEPFiOWN. VA 22656 TJL 44-A-157 JO T.Y. 44-A-158 WILAY G. TOUCH RA 1Gi4IDENTGAI 562 OLD CHARGES TOWN RID. STEPIOWN, VA 22M ✓ QK T.JL f ROBERT WISON t NARY BE7H WISON ✓ RA UWDIPROVED 458 DINTS BACKBONE OVERLOOK STEPHENSON. VA 226M 44C-2-A © 7JL ✓ WILLIES R. ZIII8 t MEN C. 7RRIDE RA RESIDENTIAL 614 OLD CHARIE9 TOWN RID. STEPHENSON, VA 22856 44C-2-B (Mi TX "C-2-D I/ CHARGES S. JOSE t YARY A. JOHE WRRV r. my •. mwm e i RA RE3ID8N7EAL 634 OLD CHA[GEY TOWN ED. STEPHENSON. VA 2265a ----- - —.--•�-•••• - ••••• , — m�uan.w. 044 OLD CHARGES TOWN RD. STEPHENSON, VA 285fi8 i TJL 44-A-181 0/ JEAN K. GRAY C/o JEAN NICHOLSON ✓ RA RESIDENTIAL PO BOX 151 STEPHENSON. V1 22866 i TJL 44-A-162 EARN S GEM (SURVIVING GRANT) r/ RA RPSIDEN77AL 680 MD CHARLEY TOWN RD. STEPHENSON. VA 22656 Tx 44-A-163 ✓ JUANITA Y BITTER RA UIOHPROVED 888 DID CHARLES TOWN RD. STEPHENSON. VA 22056 T.Y. 44-A-154 JUAIITA 1L RITTER ✓ BA Ul0YPR0VlND 888 OLD CHARGES TOWN RD. STEPHENSON, VA 22656 TJL 44-A-185 ✓ JIIAHITA E IG7TfR; / RA ItE9m1l17T1AL 688 OLD CHARLEY TOWN ED. STEPHENSON, VA 2285E TJL 44-A-139 ✓ ANNA B. YoMM t LESTER W. )IcREE ✓ RA BGYIDEMTAL. 102 FAIRWAY DR. VMCSSM= VA 22502 T.Y. 44-A-168 ✓ ROBERT S RUSSCL1. !T ALS I�ZN7lAL 632 OID CHARI83 TOWN 1G1. Sr�iSON, VA 22656T.Y. 44-A-208 ✓ ACTRESS L GOLLIM RESIDENTIAL 776 OLD CHAR ES TOWN RD. STI�NSON. VA 2288ETJL 44-A-209 ✓ RODNEY L AFIIBCE E�RA RESIDENTIAL 786 DID CHARLEY TOWN RD. STI�NSON, VA 226H TX 44-A-210 WILL I C. JONES, JR. t BRENDA L JONESSBEBIDEMTLAL796 OID CHARi.Es TOWN RD. ST�I+IN90N, VA 22656T.Y. 44-A-211 ✓ RICHARD R. K NUPP t BONNIE R. ENOPP RESIDENTIAL PO B00 97 sTEPIINN30N. VA 22860 T.Y. 44-A-212 ,/ JACK L HAYES ✓ RA RESIDENTIAL 734 JORDAN SPRINGS RD. STEPHENSON. VA 2285E T.Y. 44-A-218 V DINAH C. KRASECH t JOHN E RRASICH RA RESIDENTIAL 776 JORDAN SPRINGS RD. STEPHENSON. VA 22658 T.Y. 44-A-213 ALIEN LEE L&FOLIXr E RA RESIDENTIAL 744 JORDAN SPRINGS RD. STEPHENSON, VA 2285E T.Y. 44-A-214 ✓ ROY C. CAIGGNON t YIDRED F. CAMERON RA REME NTIAL 75 —JORDAN SPRINGS RD. STEPHENSON. VA 22658 T.Y. 44-A-215 ✓ —RA RESIDENTIAL v �.l qW T.Y. 44-A-218 ✓ BA101R 8. IY30N t SHIRLEY P. TYSON i/ RA RESIDENTIAL 768 JORDAN SPRINGS RD. STEPHENSON, VA 2266E T.Y. 44-A-219 ✓ \,t1�L�f1A�Dj�'pRA0.T1p/ RA RESIDENTIAL T.Y. 44-A-220 RUSSELL 0. ANDERSON t DOROTHY P. ANDERSON RA RESIDENTIAL 11520 DANFORTH ED. CHESTERFIELD. VA 23M C/O LACY A. CABOLSOE RESIDENTIAL T.Y. 44-A-221 ✓ GEORGE 0. TRAVE RS t MARYLYN V. TRAVESS / RA RESIDENTIAL 804 JORDAN PRONGS RD. STEPHENSON, VA MM TX 44-1-222 / ROGER A. MCCAFPICK t YARY L M.GAFFICK f RA RESIDENTIAL 816 JORDAN SPRINGS RD. STEPHENSON , VA 2286E TJL 44-A-223 DONALD L MI BURRN t MMMUMY 1L 1ILBURN / RA RES MMAI 6ze JOIIDAEN SPRINGS 1m. SfPPfffiNSON,V1 2266E TX 44-A-224 IRTCHEL R SIM t PATRICIA B. MUTH / RA RESIDENTIAL B36 JORDAN SPRINGS RD. STEPHENSON, VA 2265a TJL u-1-225 STEM A. LINE t DIQDRS W. IDiH .>r RA RESIDENTIAL— 846 JORDAN FININGS RD. s11G'IfEN90N, VA 2285E TJL 44-A-226 RA RESIDENTIAL 856 JORDAN SPRINGS RD. MTPS@NSON, VA 22858 TX 44-A-228 / RA RESIDENTIAL 7Y. 44-A-E91 / DONALD L ESrEP t I{lOB1N L IS7V EL R89 MMU PO BOX 88 STEPHENSON. VA 22866 TJL 44-A-229 / DONALD L MV t ffiSx L ESTV RA »MMPWVED PO BOX 68 STID%lXHON. VA 22856 TJL 44-A-231B / HARRY S. FAUVIR JR, t JEANETTE X FAUVER - - RA RESIDENTIAL. 906 JORDAN SPRINGS RD. STEPHENSON. VA MN TJL 44-A-230 / STE3PHEN b HBPNEB t HOTLY D. HEPNER / RA RESIDENTIAL 918 JORDAN SPRINGS BD. sl1SHESON, VA 2266E T.Y. 44-A-231A / HARRY S. FAUVM JIL t JEANETTE X FAUVES RA RESIDENTIAL NO JORDAN SPRINGS RD. STEPHENSON, VA 2286E TJL. "-A-232 / SNEPHENN R REPxERi t HOTLY D. KEPNR4 RA R=DVMAL 918 JORDAN SPRINGS M. STEPHENSON. VA E2a66 TX 44-A-233 / ST%P= XHSPNES t HOTLY D. EPNER RA MaMPROVED 918 JORDAN SPRINGS ED. STEPHENSON. VA 2286E TX 44-A-234 / IRVIN S. DAY t VIOLET V. DAY RA PO BOX 10 STEPHENSON. VA ROOM T.Y. 44-A-i% / IRVIN S DAY t VIOLET V. DAY RA REMENTIAL PO BOX 153 SAO'MRSON. VA 22658 TJL 44-A-236 / GAWD V. MMITT t BUTT J. Y>9f1ITT RA RESIDE RM& vM joROAN SPimms RD. SLlPgIQS— VA 220M TIL 44-A-286 /• JAM D. MM Zr ALS C/o TIDiBBSA E. NIBSON RA BETOMM L 108E FAIRFAX PIKE mm POST. VA mm T.IL 44-A-287 / JAM D. KINES, ST ALS C/O THffiM E. GIDSO RA BPSIDLRMAL 1988 FAIRFAX PIKE WHITE POST, VA 22683 TX 44-A-269 / WAYNE E WALTES / RA RESIDENTIAL v+e��u iNUl iif OVA TJL 44-A-289 / SLYIE A. IOFTHOUSB / RA RESIDETIAL • Po Bar 226E WINCHS9TSEL YA 2m04 T.Y. 44-A-291 / RICHARD L SAVIIE / RA RESIDENTIAL �� sTEI.�A�P265d� r Y 45-9-3-2 /! WIIJJAY D. 80F111AN t PATSY L HOFFYAN RA M=ZhMdL PO BOX 22 STEPHgiSON, VA 22aM TJL 45-9-3-1 / WILILY H. HALL LI t RZBRCCA RAtl RA RESIDEM& Io61 JORDAN SPRINGS RD. STI;PIiIIfSpN, V1 2265e T.Y. 44-A-285 DOROTHY A. Wots RA RESIDENTIAL ��`� 1-0O9.'lfO�9PA9iG"D._H1>N o• T.N. 44-A-237 I CHRISM S ROBERTS t ®DIE R ROBERTS SR RA RESIDENTIAL 1968 FAIRFAX PION WRITE POST VA 72883 TJL 44-A-238 CATHEIM SHRLICK EST. RA RESIDENTIAL 206 GREENF= AM WINCHESTER. VA P2a02 TJL 44-A-207 JAPES L IIDWICK t NANCY L LUDW= Of RA RESIDENTIAL 779 OLD CHARLEY TOWN RID. STEPHENSON VA 22866 TX 44-A-2m /. T.IL 44-A-204 / L10S Y. TAKE t IffiIIN LIAEE ✓ RA RESIDENTIAL771 OLD CRAKES TOWN RD. STEPHENSONVA 22656 TJL 44-A-229 / DAVID L BRAGG ii6\-\� RA AGRICULTURAL RESIDENTIALBaX PO 174 aEARBRoo VA 22824 Re e l.1L 44-1-167 PRAEiC19 Y CIDTfBR >R f RA RESIDENTIAL PO BOX 141 STEPHENSON VA 226M rX 44-A-168 / WELTON E. SHWHoLTZER R1 RESIDENTIAL 721 ow CHARLES TM Rm. B[N VA 2265a ML 44-A-169 I GERALD BUSSERT t JOAN IL BUSSK NT RA RESIDENTIAL 707 OLD CHARGES TOWN RD. SfEPAeN90N VA P2Q66 M 44-A-170C i JOHN IDDOMTH ANDERSON / RA cold t PO BOX 27 arMIENSON VA 2285E T.Y. 44-A-170 WINCHESlER GUN CLDB, INC. RA IDSIDIflNLTAL�--- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 14, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 907-05 OF STEPHENSON VILLAGE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 28, 2005 at 7:15 in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is a continuation of the July 20, 2005 Planning Commission discussion, to consider faster Development Plan #07-05 for Stephenson Village, submitted by Greenway Engineering, for Residential — Planned Community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A-292, 44-A-293 and 44-A-31A, in the Stonewall 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 • Winchester, Virginia 22601-5000 0 This is to ce�fy that the attached correspondence was mailed to the following on 0 S from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 153- 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE, LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX, VA 22031 44 - A- - 292- Al;STEPHENSON ASSOCIATES, LC PO BOX 2530 WINCHESTER, VA 22604.1730 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering . 1 5 1 Windv Hill Lanev Winchester, VA 22602 `� 44 - A- - 148- JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD WINCHESTER, VA 22603-3721 44 - A- - 149- RUSSELL, ROBERT H ETALS 104 WINSLOW CT WINCHESTER, VA 22602.6762 44 - A- - 150- STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 SPITZER, RAY E. & CHRISTINE E. 540 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1828 44 - A- - 154- VUILLERMET, ROBERT EUGENE 550 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 44 - A- - 155- STROTHER, JOHN R. 560 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 156- HOTT, R. CHARLES & KAY K. 572 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1828 44 - A- - 157- LOUCH, WILLIAM G 582 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 Bernard S. Suchicital, Pla er Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , , a Notary Public in and for the State and County aforesaid, do her certify that Bern6M S. Suchicital, Planner I for the e art ent of Planning and Development, whose name is signed to the foregoing, dated C v has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this --? �`� day of a � 67 My commission expires on �/ ✓lJ NOTARY PdbLIC 0 V cf'- 44 - A• . 158- 44 -A- - 211- WILSON, ROBERT & MARY BETH KNUPP, RICHARD R & BONNIE R 458 DEVILS BACKBONE OVLK PO BOX 97 STEPHENSON, VA 22656.1903 STEPHENSON, VA 22656-0097 44C - 2- . A- 44 - A- . 212- ZIRKLE, WILLIAM RAY HAYES, JACK L & HELEN CHRISTINE 734 JORDAN SPRINGS RD 614 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1911 STEPHENSON, VA 22656-1829 - - 44 - A- - 218- 44C - 2• . B• KRASICH, DINAH .,,i ....,ufN E JOBE, CHARLES S. & MARY A. 634 OLD CHARLES TOWN RD 776 JORDAN SPR04GS RD STEPHENSON,VA 22656 22656.1829 STEPHENSON,Va 22656.1911 44C - 2- . D• 44 - A- - 213- BLY, TERRY L & CONNIE S LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD 644 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1911 STEPHENSON, VA 22656.1829 44 - A- - 214- 44 . A• . 161- CAMERON, ROY C. & MILDRED F. GRAY, JEAN K CIO JEAN NICHOLSON 752 JORDAN SPRINGS RD PO BOX 151 STEPHENSON, VA. 22656-1911 STEPHENSON, VA 22656.0151 44 - A- - 215- 44 . A- . 162- PENNISON, DONALD JR & LISA GETTS, ELLEN ELAINE 760 JORDAN SPRINGS RD 660 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1911 STEPHENSON, VA. 22656-1829 44 - A- - 216- 44 - A- - 163- TYSON, BAKER B & SHIRLEY P RITTER, JUANITA M 768 JORDAN SPRINGS RD 688 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1911 STEPHENSON, VA 22656.1 B29 44 - A- . 219- 44 . A- - 139- HAWES, DAREN C & BARBARA J MCKEE, ANNA B & LESTER W 784 JORDAN SPRINGS RD 102 FAIRWAY DR STEPHENSON, VA 22656 WINCHESTER, VA 22602-6016 44 - A- - 220- 44 - A- - 166- ANDERSON, RUSSELL 0 RUSSELL, ROBERT H ETALS CIO CAROLSUE A LACY 11520 DANFORTH RD 532 OLD CHARLES TOWN RD CHESTERFIELD, VA 23838.2225 STEPHENSON, VA 22656.1828 44 - A- - 221- TRAVERS, GEORGE 0. 44 . A- - 208- 804 JORDAN SPRINGS RD GOLLER, ACTRESS 1 STEPHENSON, VA 22656 1912 776 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1830 44 . A• - 222- MCGAFFICK, ROGER A & MARY S 44 - A- - 209- AFFLECK, RODNEY L 816 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 786 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1830 MILBURN?DONALD L & KIMBERLY M 44 - A- - 210- SPRINGS RD R JODAN 826 B26 JORDAN JONES, WILLIAM C JR & BRENDA L VA 22656-1912 796 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1830 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 230- 44 - A- - 224- HEPNER, STEPHEN K. SMITH, MITCHELL B 918 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 B36 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- . 234- 44 A• . 225 DAY, VIOLET LINK, STEVE A & DENNIS W PO BOX 153 P 0 BOX 236 STEPHENSON,VA 22656.0153 STEPHENSON,VA 22656 44 - A- - 236- MERRITT, GERALD WRIGHT 44 - A• - 226- 976 JORDAN SPRINGS RD WILLS, JERRY MICHAEL & YVONNE STEPHENSON,VA. 22656.1913 856 JORDAN SPRINGS RD 44 A• . STEPHENSON,VA 22656-1912 HEIRS OF BO DORIS KINES 44 - A- - 228- CIO THERESA K GIBBS GORDON, SHAWN MICHAEL 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 86B JORDAN SPRINGS RD STEPHENSON,VA 22656 44 . A- . 288- WALTERS, WAYNE E 44 -A- - 231- 183 QUIET PLACE LN ESTEP, DONALD L & HELEN L BERKELEY SPRINGS, WV 25411 PO BOX 66 STEPHENSON,VA 22656.0066 44 . A• . 231•B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON, VA 22656.1913 Bernard S. Suchicital,'Plamler I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the State and County aforesaid, do hereby certify that Bernard S. Suchicital, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and. acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 44 - A- - 289- LOFTHOUSE, ELSIE A PO BOX 2256 WINCHESTER, VA. 22604.1456 44 -A- -291- SAVILLE, RICHARD L PO BOX 103 STEPHENSON, VA 22656.0103 45 - 9- 3- 2- HOFFMAN, WILLIA'M D. & PATSY L. PO BOX 22 STEPHENSON, VA 22656.0022 45 -9- 3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON, VA 22656.1918 44 - A- - 285- FOREMAN, RICHARD T FOREMAN, FAY L PO BOX 4674 WINCHESTER, VA 22604.4674 44 A- - 237- ROBERTS, CHRISTINE K & EDDIE R SR & GIBBS, THERESA K & DAVID B 1968 FAIRFAX PIKE WHITE POST, VA 22663-1811 44 - A- - 238- SHRECK, CATHERINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 44 - A- - 207- LUDWICK, JAMES L & NANCY L 779 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 44 - A- - 206- LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1824 44 - A- - 204- BRAGG, DAVID L PO BOX 174 CLEARBROOK, VA 22624-0174 44 - A- - 167- CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD STEPHENSON,VA 22655 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1824 44 - A. - 169. BUSSERT, GERALD & JOAN E. & ` 707 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1824 44 - A- - 170-C ANDERSON,JOHN KENNETH PO BOX 27 STEPHENSON, VA. 22656.0027 44 - A- - 170- WINCHESTER GUN CLUB, INC PO BOX 2012 WINCHESTER, VA 22604.1212 44 - A- - 173- ELLIS, LEONARD C. JR. CIO ELLIS WAREHOUSE & MINI STG 10487 WASHINGTON HWY GLEN ALLEN, VA 23059-1964 44C - 1- - 15- LOUZONIS, JOSEPH THOMAS JR 543 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1822 44C - 1- - A- COLLETT, JOEL A. & DIANE L 527 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1822 KEY TO ADJOINING PROPERTY OWNERS TAR IDENTIFICATION N0. mmmkILmmz= = AQ T.M. 44-A-148 DAVID C. JENKINS & SCARLET EL MEW RA RESIDENTIAL 879 DICKS HOLLOW RD. WINCIRFSTER. VA 22803 © T.Y. 44-A-149 ROBERT R RUSSET. B7 AI3 RA RESIDENTIAL 104 WIN9LOW CT. WINCEWER. VA 22802 © T.Y. 44-A-150 GUM A. STOLTZ & BETTY A STOLTZ ✓ RA UNIMPROVED 518 OLD CHARLES TOWN RD. SIEPHOWN, VA 2285E QD T.Y. 44-A-161 GLENN A. STULTZ & BETTY A STULTZ RA RESIDENTIAL 518 OLD CHARLES TOWN RD. 37EPHENSON, VA 2286E £Q T.Y. 44-A-153 RAY E SPITLER & CHFOTmE E. 3PR'LER RA RESIDENTIAL. 540 OLD CHARLES TOWN RO. STE7'HENSON, VA 2266E FQ T.Y. 44-A-164 ROBERT E. VUH7%RMET & ROSE L VUBLERYET ✓ RA RESIDENTIAL 550 OLD CHARLES TOWN RD. STEPHENSON, VA 226W © T.Y. 44-A-166 Q T.Y. 44-A-156 /Q T.Y. 44-A-157 JO T.Y. 44-A-158 OK T.Y. "C-2-A Q TJL 44C-2-B OM T.Y. 44C-2-D QN T.Y. 44-A-181 JOHN R. SIROITiER & VII:EDA C. 3TNtOTfD3t t1l I. CHARLES HOTT & KAY K. HOW ✓ WIL IAM G. LOUCH ROBERT WISON & YARY BETH WILSON i/ WiIIAY R. ZBREE & HE" C. ZIRKIE CHAMM S. JOBE & MARY A. JOBS TERRY L BLY & CONNIE S. BLY JEAN K. GRAY C/O JEAN NICH0130N ✓ RA RA RA RA RA RA RA RA RESIDENTIAL RESIDENTIAL RESIDENTIAL UMBWROVED RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL 680 OLD CHARLES TOWN ED. STEPHENSON, VA 2286E 572 OLD CHARLES TOWN RD. STEPHENSON. VA 2285E 582 OLD CHARLES TOWN RD. SPEPHENSON, VA 226M 458 DEVILS BACXBONE OVERLOOK srmgmmN. VA 22686 614 OLD CHAMPS TOWN RD. smHENSON. VA 2286E 634 OLD CHARIES Tow AID. STEPHENSON. VA 2286E 644 OLD CHARLES TOWN RD. STBI'HEIiSON, VA 2266E PO BOX 151 STEPHENSON. VA 22566 Q T.Y. 44-A-182 © T.Y. 44-A-163 ELLEN L GEM (SURVIVING GRANTKS) r/ JUANTTA Y. BITTER RA RA RESIDENTIAL UYfYPROVED 880 OLD CHARLES Tow RD. STEPHENSON. VA 22666 BBB OLD CHARLES TOWN RD. STEPHE7SON, VA 22666 QO TJL 44-A-184 JUANTIA Y. RTT= ✓ RA UYDIPROVED BB8 OLD CHARLES TOWN RD. S!'E'HEi30N, VA 22M � ® T.Y. 44-A-165 JUANITA Y. RTITER ,/ RA RESIDENTIAL 688 OLD CHARIM TOWN ED. STEPHEISON. VA 2285E Q T.Y. 44-A-139 ANNA B. MaR & LESTER W. Md= ✓ RA RESIDENTIAL 102 FAIRWAY DR WINCHISI'ER. VA 22602 Q T.1L 44-A-165 ROBERT H. RU9ffi], BY ALB ,/ RA RESIDENTIAL 532 OLD CHARLES TOWN RD. STEPHENSON. VA 2286E QU T.Y. 44-A-208 ACTRESS L GOLLNR RA RESIDENTIAL 776 OLD CHARLES TOWN ED. STEPHENSON. VA 2286E QV T.Y. 44-A-209 0 T.Y. 44-A-210 QX T.Y. 44-A-211 RODNEY L AFFLECK WILLLY C. JONES, JR & BRE NDA L JONES RICHARD R. KRUPP & BONNIE R KRUPP I/ RA RA RA RESIDENTIAL RESIDENTIAL RESIDENTIAL 786 OLD CHARIER TOWN RD. STSPWNSON, VA 2286E 798 OLD CHARLES TOWN RD. 377YiiEN3pN. VA 225M PO BOX 97 STSPHDISON, VA 2286E OY T.Y. 44-A-212 0 T.Y. 44-A-21B © T.Y. 44-A-213 JACK L HAYES ✓ DINAH G. KRASICH & JOHN E. KRASICH ✓ ALIEN LEE I&FOLLETTE ✓ RA RA RA RESIDENTIAL RESIDENTIAL RESIDENTIAL 734 JORDAN SPRINGS RD. STEPHENSON. VA 2286E 776 JORDAN SPRINGS RD. STEPHENSON. VA 22658 744 JORDAN SPRINGS RD. STEPHENSON, VA 2266E ® T.Y. 44-A-214 ® T.Y. 44-A-215 ® T.Y. 44-A-218 ® T.Y. 44-A-219 ROY C. CAMERON & MI DRED F. CAPE ON / MMQ."AJOHIM / BAKER B. TYSON & SHIRLEY P. TYSON \,C._gi,,CHAM4-, NCORPORATEDy/Vin�.� ; RA RA RA RA RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL 752 JORDAN SPRINGS NO. STEPHENSON, VA 22658 8 9 W 11b,%CI$AR9HOABc1.Vs/ 768 JORDAN SPRINGS RD. STEpHENSON. VA 2286E 803„BJDayCAWEN/37%WD:CFit'S1'SRVVA'22801 ® T.Y. 44-A-220 RUSSELL 0. ANDERSON & DOROTHY P. ANDERSON C/O LACY A. CAROLSU& RA RESIDENTIAL KCSIDENTLAL 11520 DANFORTH ED. CHESTEF=, VA 2383E ® T.Y. 44-A-221 ® TJL 44-A-222 Q T.Y. 44-A-223 Q TJL 44-A-224 ® T.Y. 44-A-225 Q T.Y. 44-A-228 ® T.Y. 44-A-228 ® TX 44-A-231 ® T.Y. 44-A-229 ® TJL 44-A-231B ® T.Y. 44-A-230 ® T.H. 44-A-231A GEORGE 0. TRAVELS & YARYLYN V. TRAVELS / ROGER A. YcGAFFLCK & YARY S. YcGAPFICK DONALD L YiBURN & KD®E LY Y. MUM / YITCHEL B. SIM & PATRICIA B. SYTTH /_ STEM A. LINK & DENNIS W. LINK % �GL1iD$ Sl01NS.& VTRNIRNIA�SPONB� / 1DbRIS:H�H00VEN 3,0EAEQpiE�S�RTTfER O DONALD L ESIF.P & ffiJON L ENV DONALD L CUM & HEiEN L ESTEP HARRY S. FAUVER, JR & JEANETTE Y. FAUVER ,� STEPHEN K. HEPHEt & ROILY D. EXPIRES / HAM S. FAUVER, JR & JEANETTE X FAUVER X RA RA RA RA RA Re RA RA RA RA RA RA RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL RFSIDEN77AL RESIDENTIALH\ RESIDENTIAL U1MWROVKD RESIDENT RESIDENTIAL RESIDENTIAL 804 JORDAN SPRINGS ED. STiPHENSON. VA 2286E 818 JORDAN SPRINGS AID. STBPFIENSON, VA 2286E 828 JORDAN SPRINGS RD. STEPHENSON, VA 2286E ON JORDAN SPRINGS NO. STEPHENSON, VA 2286E US JORDAN SPRINGS RD. STfPHE[7SON, VA 2286E 856 JORDAN SPRINGS RD. STZPHDmN. VA 22656 VV&2W-ZA, PO BOX 66 STEPHENSON. VA 2286E PO BOX 66 STEPHENSON, VA 2286E 906 JORDAN SPRINGS RD. STUN, VA 2266E 918 JORDAN SPRINGS ED. STEPHOMN, VA 22666 906 JOROAN SPRINGS RD. S1EPHEi90N, VA 22666 T.Y. 44-A-232 STEPHEN IL RE PNEt & HOLLY D. TEPNER V RA RESIDENTIAL 918 JORDAN SPRINGS RD. STEPHEMSON. VA 22666 T.Y. 44-A-233 STEPHEN K. HEPNER & HOLLY D. KLs'PNER RA OYHpROVSD 918 JORDAN SPRINGS RD. STEPiIBNSON, VA 226H T.Y. 44-A-234 HM S. DAY & MOTET V. DAY s/ RA UYDGWM PO BOX 153 STEPHENSON. VA 22666 TJL 44-A-236 IRVIN S. DAY & VIOLET V. DAY RA 1sg4IDENTIAL PO BOX 163 STEPHENSON, VA 2266E T.Y. 44-A-238 GERAID W. YffiUM & BETTY J. VERRI7T ✓ RA 1N84IDSN7IAL 976 JORDAN SPRINGS RD. 377iP1ENSON, VA 22866 T.Y. 44-A-286 ' JAPES D. KIES. ET ALS C/0 TH8RE.4A K. GIBSON i H► RESIDOWTIAL 1968 FAIRFAX PIKE WHITE POST. VA 22663 TJL 44-A-287 JAPES D. KlNffi, bT AM C/O THERESA K. GIBSONI RA RESIDENTIAL 1968 FAiRFAX PIKE WHITS POST, VA 22863 T.M. 44-A-268 WAYNE E WALTE S RA RESIDENTIAL QI�`QCB�N��IT�RD�NURPbLiI�V�Y3609• T.Y. 44-A-289 EM A IDFTHOUSS / RA RESLOMM& PO BOX 2266 WINCHwur. VA 22604 T.Y. 44-A-291 RICHARD L SAVUIE / RA RESIDENTIAL 2A54,JOTRbAN•SPRINGS_1ID.-'MtPH6 ON,'VAN2955& - T.Y. 4&-9-3-2 WHIJAY D. HOFFMAN & PATSY L HUFFMAN / . RA 1CSIDEI= PO BOX 22 STEPHENSON, VA 2286E TJL 46-9-3-1 WIILAY H. HALL (I & RBBECCA HALL RA RESIDENTIAL, IOM JORDAN SPRINGS RD. STSPHSN30N. VA 22666 T.Y. 44-A-285 T.Y. 44-A-237 DOROTHY A. WOTS CH ISTINE K. ROBERTS & ®DIE R. ROBERTS SR RA RA RESIDENTIAL RESIDE TEAL �OW%fIDA)N-$PWGS-BA,STl3 H N N VA�2286 1988 FAIRFAX PIKE WHITS POST VA 22863 T.Y. 44-A-238 CATHERI iE SHRBCK EST. RA RESIDENTIAL 208 GREENFIED AVE. WINCHESTER, VA 22602 TJL 44-A-207 JAPES L L.UDWICK & NANCY L LUDWICK RA RESIDENTIAL 799 OLD CHARiES TOWN RD. STEPHENSON VA 22666 W T.Y. 44-A-206 r JAM T. TAKE & HMO E. LAKE / RA REERMAL 7n OLD CHARLES TOWN RD. STEPHENSON, VA 225H T-M. 4L-A-204 DAVID L BRAGG> RA AGRICULTURAL PO BOX 174 CIAMM VA MU T.Y. 44-A-229 mV tD �,lvubG ",\ \ \ \ \ / RA RESIDENTIAL 7 ClBA�t00 VA.'2264 \\1 TJL 44-A-187 ETNANCH Y CRITTER JR RA INTIAL PO BOX 141 STEPHENSON. VA 22656 T.Y. 44-A-168 WELTON K. 3HANHOLTZER / RA WRIDERTIAL, 721 OLD CHARiES TOWN RD. STEPHENSON, VA 22M TJL 44-A-189 GERALD BU99EtT & JOAN E BUSSElT / RA RESIDENTIAL 707 OLD CHARIER TOWN RD MPHERSON VA 22668 T.Y. 44-A-170C JOHN KEUNETH ANDERSON / RA PO BOX 27 STEPHENSON VA 2266E T.Y. 44-A-170 WINCHESTER NUN CLUB BIC. A RA RESIDENTIAL PO BOX 2012 WIN VA 22ON TJL 44-A-179 I,EONARD C. EIIS JR C/o SIIIS WARSHOU RA 10487 WASHINGTON HWY GLEN A17EN VA 23M T.Y. 44C-1-15 JOSEPH THOYAS LOUZONLS JR RA RA RESIDENTIAL US OLD CHARLES TOWN RD. STEPHENSON VA 22666 527 OLD CHARLES TOWN RD. STEPHENSON. VA 2266E T.Y. 44C-1-A JOE. A. COLiETT & DIANE L COUETT i- L)5c. �2nv soo-� 514eI�6CNSD✓7 ✓A 22G,76 r+P.O, 30K 236 J Stepl+c� eoaR✓� 2.2rm Ei" (o GorJ,o� $faa -3013 ... spr',h�s RJt, I Qvzel ple,ce Ln. 6e,k c lei C-r i-w w✓ isy,l P P,0.3oK 1D3 Stclolea�on VA 22G--,(v (4cl,n II Eatcp P, v;goN�' 6G VA N COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 3, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 907-05 OF STEPHENSON VILLAGE On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 17, 2005 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 a continuation of the July 20, 2005 Planning Commission discussion, to consider Master Development Plan #07-05 for Stephenson Village, submitted by Greenway Engineering, for Residential — Planned Community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A-292, 44-A-293 and 44-A-31 A, in the Stonewall 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.Lis. Sincerely. Bernard S. Suchicital Planner I BSS/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a This is to . erti . that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 153- 44 - A- - 293- SPI SPI TZER, RAY E. & CHRISTINE E. BROOKFIELD STEPHENSON VILLAGE, LLC 540 OLD CHARLES TOWN RD 8500 EXECUTIVE PARK AVE 30 STEPHENSON, VA. 22656.1828 FAIR31 FAIRFAX,VA 22031 44 - A• - 154. 44 - A- - 292- VUILLERMET, ROBERT EI: ;ENE STEPHENSON ASSOCIATES, LC 550 OLD CHARLES TOWN 711) PO BOX 2530 STEPHENSON, VA 22656-1828 WINCHESTER, VA 22604.1730 44 - A- - 155- Mr. Mark D. Smith, P.E., L.S. STROTHER, JOHN R. Greenway Engineering 560 OLD CHARLES TOWN RD 151 Windy Hill Lane STEPHENSON, VA. 22656.1828 Winchester, VA 22602 44 - A- -156- 44 - A- - 148- HOTT, R. CHARLES & KAY K. JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD 572 OLD CHARLES TOWN RD WINCHESTER, VA 22603.3721 STEPHENSON, VA. 22656.182E 44 . A• . 157- 44 - A• . 149- LOUCH, WILLIAM G RUSSELL, ROBERT H ETALS 582 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1828 104 WINSLOW CT WINCHESTER, VA 22602-6762 44 - A- - 150- STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON, VA. 22656-1828 Bernard S. Suchicital, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK . j I, / a Notary Public in and for the State and County aforesaid, do hereby certify that Beni S. Suchicital, Planner I for theAeand rt ent of Planning and Development, whose name is signed to the foregoing, dated p 1' , has personally appeared before me and acknowledged the same in my StaCountyaforesaid. Given under my hand this day of � My commission expires on UD % NOTARY PUBL 0 Ue4 44 - A- - 158- 44 -A- . 211- WILSON, ROBERT & MARY BETH KNUPP, RICHARD R & BONNIE R 458 DEVILS BACKBONE OVLK PO BOX 97 STEPHENSON,VA 22656-1903 STEPHENSON,VA 22656-0097 44C - 2- - A- 44 - A- - 212- ZIRKLE, WILLIAM RAY HAYES, JACK L & HELEN CHRISTINE 734 JORDAN SPRINGS RD 614 OLD CHARLES TOWN RD STEPHENSON,VA 22656-1911 STEPHENSON,VA 22656.1829 44C - 2- - B- 44 - A- - 218- JOBE, CHARLES S. & MARY A. KRASICH, DINAH G & JOHN E 634 OLD CHARLES TOWN RD STEPHENSON, VA 22656 22656.1829 776 JORDAN SPRINGS RD STEPHENSON, VA 22656-1911 44C . 2- - D- 44 - A- - 213- BLY, TERRY L & CONNIE S LAFFOLLETTE, ALLEN LEE 744 JORDAN SPRINGS RD 644 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1911 STEPHENSON,VA 22656-1829 44 - A• - 214- 44 - A- - 161- CAMERON, ROY C. & MILDRED F. GRAY, JEAN K CIO JEAN NICHOLSON 752 JORDAN SPRINGS RD PO BOX 151 STEPHENSON,VA. 22656.1911 STEPHENSON,VA 22656.0151 44• - A- - 215- 44 - A- - 162- PENNISON, DONALD JR & LISA GETTS, ELLEN ELAINE 760 JORDAN SPRINGS RD 660 OLD CHARLES TOWN RD STEPHENSON, VA 22656 1911 STEPHENSON,VA. 22656.1829 44 - A- - 216- 44 - A- - 163- TYSON, BAKER B & SHIRLEY P RITTER, JUANITA M 768 JORDAN SPRINGS RD 688 OLD CHARLES TOWN RD STEPHENSON, VA 22656.1911 STEPHENSON,VA 22656-1829 44 - A• - 219- 44 - A- - 139- HAWES, DAREN " "4 BARBARA J t MCKEE, ANNA B & LESTER W 784 JORDAN SPRINGS RD 102 FAIRWAY DR STEPHENSON, V 22656 WINCHESTER, VA 22602.6016 44 - A- - 220- ANDERSON,RUSSELL0 44 - A• - 166- CIO CAROLSUE A LACY RUSSELL, ROBERT H ETALS 11520 DANFORTH RD CHESTERFIELD, VA 23838.2225 532 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1828 44 - A- - 221- TRAVERS, GEORGE 0. 44 - A- - 208- 804 JORDAN SPRINGS RD GOLLER, ACTRESS I STEPHENSON,VA 22656.1912 776 OLD CHARLES TOWN RD 44 - A- - 222- STEPHENSON, VA 22656-1830 MCGAFFICK, ROGER A & MARY S 44 - A- - 209- AFFLECK, RODNEY L 816 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 786 OLD CHARLES TOWN RD 44 A- - 223 STEPHENSON,VA. 22656.1830 MI LBURN, DONALD L & KIMBERLY M 44 - A- - 210- 826 JORDAN SPRINGS RD JONES, WILLIAM C JR & BRENDA L STEPHENSON,VA 22656.1912 796 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1830 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 224- SMITH, MITCHELL B 836 JORDAN SPRINGS RD STEPHENSON,VA 22656-1912 44 . A- - 225- LINK, STEVE A & DENNIS W P 0 BOX 236 22656 STEPHENSON,VA 44 - A- - 226- WILLS, JERRY MICHAEL & YVONNE 856 JORDAN SPRINGS RD STEPHENSON,VA 22656.1912 44 - A- - 228- GORDON, SHAWN MICHAEL 86B JORDAN SPRINGS RD STEPHENSON,VA 22656 44 A• _ 231. ESTEP, DONALD L & HELEN L PO BOX 66 STEPHENSON,VA 22656.0066 44 -A- - 231-B FAUVER, HARRY S JR 906 JORDAN SPRINGS RD STEPHENSON,VA 22656.1913 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 230- HEPNER, STEPHEN K. 918 JORDAN SPRINGS RD STEPHENSON,VA 22656-1913 44 - A- - 234- DAY, VIOLET PO BOX 153 STEPHENSON,VA 22656.0153 44 - A. - 236. MERRITT, GERALD WRIGHT 976 JORDAN SPRINGS RD STEPHENSON. VA. 22656.1913 44 - A- - 286- HEIRS OF DORIS KINES CIO THERESA K GIBBS 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 44 - A- - 288- v WALTERS, WAYNE E 183 QUIET PLACE LN BERKELEY SPRINGS, WV 25411 Bernard S. Suchicital, Planner I Frederick County Planning Dept. I, a Notary Public in and for the State and County aforesaid, do hereby certify that Bernard S. Suchicital, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and. acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0V6� 44 - A- - 289- LOFTHOUSE, ELSIE A PO BOX 2256 WINCHESTER, VA. 22604-1456 44 - A- - 291- SAVILLE, RICHARD L PO BOX 103 STEPHENSON,VA 22656.0103 45 -9- 3- 2- HOFFMAN, WILLIAM D. & .-VfSY L. PO BOX 22 STEPHENSON,VA 22656-0022 45 -9- 3- 1- HALL, WILLIAM H `AI & REBECCA 1081 JORDAN SPI`l°dGS RD STEPHENSON, VA 22656.1918 44 - A- - 285- FOREMAN, RICHARD T FOREMAN, FAY L PO BOX 4674 WINCHESTER, VA 22604.4674 44 - A- - 237- ROBERTS, CHRISTINE K & EDDIE R SR & GIBBS, THERESA K & DAVID B 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 44 - A- - 238- SHRECK, CATHERINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 44 - A- - 207- LUDWICK, JAMES L & NANCY L 779 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 44 - A- - 206- LAKE, JAMES T. & HELEN E. 771 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1B24 44 - A- - 204- BRAGG, DAVID L PO BOX 174 CLEARBROOK, VA 22624-0174 44 - A- - 167- CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD STEPHENSON,VA 22655 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 169- BUSSERT, GERALD & JOAN E. & 707 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1B24 44 - A- - 170-C ANDERSON, JOHN KENNETH PO BOX 27 STEPHENSON,VA. 22656.0027 44 - A- - 170- WINCHESTER GUN CLUB, INC PO BOX 2012 WINCHESTER, VA 22604.1212 44 - A- - 173- ELLIS, LEONARD C. JR. CIO ELLIS WAREHOUSE & MINI STG 10487 WASHINGTON HWY GLEN ALLEN, VA 23059.1964 44C - 1.. 15. LOUZONIS, JOSEPH THOMAS JR 543 OLD CHARLES TOWN RD STEPHENSON, VA 22656-1822 44C - 1- - A. COLLETT, JOEL A. & DIANE L 527 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1822 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 6, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #07-05 OF STEPHENSON VILLAGE On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 20, 2005 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 407-05 for Stephenson Village, submitted by Greenway Engineering, for Residential — Planned Community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664),east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A-292, 44-A-293 and 44-A-31A, in the Stonewall 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 B S S/bad f 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 11 CQ 10 S from the Department of Planning and Development, Frederick County, Virginia: 44 -A- - 153- 44 - A- - 293- BROOKFIELD STEPHENSON VILLAGE, LLC 8500 EXECUTIVE PARK AVE STE 30 FAIRFAX,VA 22031 D LU �V fIZ- 44 - A- - 292- STEPHENSON ASSOCIATES, LC PO BOX 2530 WINCHESTER, VA 22604.1730 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 P�-PPL # 44 - A- - 148- JENKINS, DAVID CALVIN & SCARLET M 879 DICKS HOLLOW RD WINCHESTER, VA 22603.3721 44 - A- - 149- RUSSELL, ROBERT H ETALS 104 WINSLOW CT WINCHESTER, VA 22602.6762 44 - A- - 150- STULTZ, GLENN A. & BETTY A. 518 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 STATE OF VIRGINIA COUNTY OF FREDERICK SPITZER, RAY E. & CHRISTINE E. 540 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 44 - A- - 154- VUILLERMET, ROBERT EUGENE 550 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1828 44 - A- - 155- STROTHER, JOHN R. 560 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 44 - A- - 156- HOTT, R. CHARLES & KAY K. 572 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1828 44 - A- - 157- LOUCH, WILLIAM G 582 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1828 Bernard S. Suchicital, Planner I Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do hereby certify that Bernard S. Suchicital, Planner I for the Department of Planning and Development; whose name is signed to the foregoing, dated `Z 1 to I p S , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 6 c162 44 - A- - 158- 44 - A- - 212- WILSON, ROBERT & MARY BETH HAYES, JACK L 458 DEVILS BACKBONE OVLK 734 JORDAN SPRINGS RDSTEPHENSON, STEPHENSON,VA 22656.1903 VA 22656.1911 44 • A- - 218- 44C 2 A KRASICH, DINAH G & JOHN E ZIRKLE, WILLIAM RAY & HELEN CHRISTINE 776 JORDAN SPRINGS RD 614 OLD CHARLES TOWN RD STEPHENSON,VA 22656-1911 STEPHENSON,VA 22656.1829 44 - A• - 213- 44C • 2- - B- LAFFOLLETTE, ALLEN LEE JOBE, CHARLES S. & MARY A. 744 JORDAN SPRINGS RD 634 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1911 STEPHENSON, VA 22656 22656.1829 44 • A- - 214- 44C - 2- - D- CAMERON, ROY C. & MILDRED F. BLY, TERRY L & CONNIE S 752 JORDAN SPRINGS RD 644 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1911 STEPHENSON,VA 22656.1829 44 - A- - 215- 44 - A• . 161- PENNISON, DONALD JR & LISA GRAY, JEAN K 760 JORDAN SPRINGS RD CIO JEAN NICHOLSON STEPHENSON,VA 22656.1911 PO BOX 151 44 - A- - 216- STEPHENSON, VA 22656.0151 TYSON, BAKER B & SHIRLEY P 44 - A• - 162- 768 JORDAN SPRINGS VO GETTS, ELLEN ELAINE STEPHENSON,VA 22656-1911 660 OLD CHARLES TOWN RD 44 - A- - 219- STEPHENSON, VA. 22656.1829 HAWES, DAREN C & BARBARA J A 784 JORDAN SPRINGS RD R RITTER, UAJUANITA M STEPHENSON,VA 22656 44 - A- - 220- 688 OLD CHARLES TOWN RD ANDERSON, RUSSELL 0 STEPHENSON,VA 22656.1829 CIO CAROLSUE A LACY 44 - A- - 139- 11520 DANFORTH RD MCKEE, ANNA B & LESTER W CHESTERFIELD, VA 23838.2225 102 FAIRWAY DR 44 - A- - 221- WINCHESTER, VA 22602.6016 TRAVERS, GEORGE 0. 804 JORDAN SPRINGS RD 44 - A- - 166- STEPHENSON,VA 22656.1912 RUSSELL, ROBERT H ETALS 44 - A- - 222- 532 OLD CHARLES TOWN RD MCGAFFICK, ROGER A & MARY S STEPHENSON,VA 22656.1828 44 - 816 JORDAN SPRINGS RD GOLLER, ACTRESS I STEPHENSON,VA 22656-1912 776 OLD CHARLES TOWN RD 44 - A- .223. STEPHENSON,VA 22656.1830 MILBURN, DONALD L & KIMBERLY M 44 A 209 826 JORDAN SPRINGS RD AFFLECK, RODNEY L STEPHENSON,VA 22656.1912 44 - A- - 224- 786 OLD CHARLES TOWN RD SMITH, MITCHELL B STEPHENSON,VA. 22656-1830 44 - A- - 210- 836 JORDAN SPRINGS RD JONES, WILLIAM C JR & BRENDA L STEPHENSON,VA 22656.1912 796 OLD CHARLES TOWN RD 44 - A- - 225- STEPHENSON, VA 22656.1830 LINK, STEVE A & DENNIS W 44 -A- - 211- P 0 BOX 236 KNUPP, RICHARD R & BONNIE R STEPHENSON,VA 22656 PO BOX 97 STEPHENSON,VA 22656.0097 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development; Frederick County, Virginia: 44 - A- - 236- 44 - A- - 226- MERRITT, GE RALD WRIGHT WILLS, JERRY MICHAEL & YVONNE 976 JORDAN SPRINGS RD STEPHENS€1N, VA. 22656.1913 856 JORDAN SPRINGS RD STEPHENSON, VA 22656.1912 44 - A- - 286- HEIRS OF DORIS NINES 44 - A- - 228- CIO THERESA K GIBBS GORDON, SHAWN MICHAEL 1968 FAIRFAX PIKE 868 JORDAN SPRINGS RD WHITE POST, VA 22663.1811 STEPHENSON,VA 22656 44 - A- - 288- 44 - A- - 231- WALTERS, WAYNE E ESTEP, DONALD L & HELEN L 183 QUIET PLACE LN BERKELEY SPRINGS, WV 25411 PO BOX 66 STEPHENSON, VA 22656.0066 44 - A- - 289- 44 - A- - 231-B LOFTHOUSE, ELSIE A FAUVER, HARRY S JR PO BOX 2256 WINCHESTER, VA. 22604.1456 906-JORDAN SPRINGS RD 44 - A- - 291- STEPHENSON, VA 22656.1913 SAVILLE, RICHARDI 44 A- - 230- PO BOX 103 HEPNER, STEPHEN K. STEPHENSON, VA 22656.0103 918 JORDAN SPRINGS RD STEPHENSON, VA 22656.1913 44 - A- - 234- DAY, VIOLET PO BOX 153 STEPHENSON, VA 22656.0153 Bernard S. Suchicital, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Bernard S. Suchicital, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC Q V6F- 45 -9- 3. 2- HOFFMAN, WILLIAM D. & PATSY L. PO BOX 22 STEPHENSON,VA 22656.0022 45 - 9.3- 1- HALL, WILLIAM H III & REBECCA 1081 JORDAN SPRINGS RD STEPHENSON,VA 22656-1918 44 - A- - 285- WOLF, DOROTHY A 358 BROOKANNLEIGH DR GORE, VA 22637-2502 44 - A- - 237- ROBERTS, CHRISTINE K & EDDIE R SR & GIBBS, THERESA K & DAVID B 1968 FAIRFAX PIKE WHITE POST, VA 22663.1811 44 - A- - 238- SHRECK, CATHERINE EST. 208 GREENFIELD AVE WINCHESTER, VA. 22602.6635 44 - A- - 207- LUDWICK, JAMES L & NANCY L 779 OLD CHARLES TOWN RD STEPHENSON, VA. 22656.1824 6- sT& HELEN E. _ .i,& :ES TOWN RD `,T'EPHENSON, VA 22656.1824 44 - A- - 204- BRAGG, DAVID L PO BOX 174 CLEARBROOK, VA 22624.0174 44 - A- - 167- CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD STEPHENSON,VA 22655 44 - A- - 168- SHANHOLTZER, WELTON K 721 OLD CHARLES TOWN RD STEPHENSON,VA 22656.1824 44 - A- - 169- BUSSERT, GERALD & JOAN E. & 707 OLD CHARLES TOWN RD STEPHENSON,VA. 22656.1824 44 - A- - 170-C ANDERSON, JOHN KENNETH PO BOX 27 STEPHENSON,VA. 22656.0027 44 - A- - 170- WINCHESTER GUN CLUB, INC PO BOX 2012 22604.1212 WINCHESTER, VA 44 - A- - 173- ELLIS, LEONARD C. JR. CIO ELLIS WAREHOUSE & MINI STG 10487 WASHINGTON HWY23059 1964 GLEN ALLEN, VA 44C - 1- - 15- LOUZONIS, JOSEPH THOMAS JR 543 OLD CHARLES TOWN R22656.1822 STEPHENSON,VA 44C - 1- - A- COLLETT, JOEL A. & DIANE L 527 OLD CHARLES TOWN R22656.1822 STEPHENSON,VA COUNTY of EREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 14, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #07-05 OF STEPHENSON VILLAGE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 28, 2005 at 7:15 in the Board Roorn of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is a continuation of the July 20, 2005 Planning Commission discussion, to consider Master Development Plan 907-05 for Stephenson Village, submitted by Greenway Engineering, for Residential — Planned Community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A-292, 44-A-293 and 44-A-31A, in the Stonewall 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, -- cg—"o;4� Bernard S. Suchicital Planner I BSS/bad 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 44 - A- - 215- PENNISON, DONALD JR & LISA 760 JORDAN SPRINGS RD STEPHENSON,VA 22656-1911 ,NXXXC 201 .1 09 ow 11./ (5•:5 RETURN TO SENDER ATTEMPTED -- NOT KNOWN UNAMLE TO FORWARD MC: 22801503907 *3017-05410-14---37 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 14, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #07-05 OF STEPHENSON VILLAGE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 28, 2005 at 7:15 in the Board Room of the Frederick County - Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is a continuation of the July 20, 2005 Planning Commission discussion, to consider Master Development Plan 907-05 for Stephenson Village, submitted by Greenway Engineering, for Residential — Planned Community use. The properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), east of Milburn Road (Rt. 662), and are identified with Property Identification Numbers 44-A-292, 44-A-293 and 44-A-31 A, in the Stonewall 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 Rent Street, Suite 202 a Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 SEP 2 7 2005 44 - A- - 167 - CARMICHAEL PROPERTIES, LLC 731 OLD CHARLESTOWN RD q1AGS; STEPHENSON, VA - - E 4096 1 29 09123l05 NIX:L RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD RETURN TO SENDER s -4 A, s C.) r3 V3 107-05 STEPHENSON VILLAGE, .5 ACRES RESIDENT.' Please note: The Subdivision/MDP plans associated with this file are located in the fie room.