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HomeMy WebLinkAbout04-07 Comments/CorrespondenceLAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665 -0050 FACSIMILE: (540) 722 -4051 Richard C. Shickle, Chairman at Large Mr. Charles S. DeHaven, Jr. Mr. Phillip A. Lemieux Mr. Gary W. Dove Mr. Gene E. Fisher Mr. Bill M. Ewing Ms. Barbara E. Van Osten Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 July 25, 2007 Re: Toll VA IV, L.P. Our File No. 600.001 Dear Mr. Chairman and Members of the Board of Supervisors: THOMAS MOORE LAwSON TI. ARSON (l(LSPLC.cOAI I have been engaged by Toll VA IV, L.P. "Toll to represent its interests with regard to a request to amend the proffers for the Haggerty property. Said proffer amendment includes an alteration of a previously approved General Development Plan "GDP which connects the road network of the Haggerty property to the Toll property. If the proposed Haggerty proffer amendment is approved, then the connection that currently exists between Toll's property and the Haggerty property will be severed. Further, it is Toll's understanding that if the Haggerty proffer is accepted, then Toll will be forced to seek an amendment of its previously approved Master Development Plan "MDP Toll has been in contact with the owners of the Haggerty tract concerning the Haggerty owners' proposed request to amend the proffers. Toll remains willing to work with the owners of the Haggerty property and Frederick County Planning Staff to reach a solution that meets the needs of the owners of the Haggerty tract, without requiring Toll to amend its approved MDP. Toll has previously proceeded through the MDP approval process in September, 2004. Said MDP was submitted and approved pursuant to the requirements of the Frederick County FRONT ROYAI. ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540)635 -9415, FACSIMILE: (540) 615 -9421, E- MAIL: SILEKI(i LYNXCONNEC ..COM FAIRFA %ADDRESS: 10805 MAIN STREET, SUITE, 20D, FAIRFAX. VIRGINIA 22030, TELEPHONE: (7(13)352-2615, FACSIMILE: (703) 352-4190, E- MAIL: THOMASO.LANSON F V ERIZON.NET Frederick County Board Supervisors July 25, 2007 Page 2 ordinances. While Toll has no objection to the adjoining Haggerty property seeking to amend its GDP and its road connection to Toll's property, Toll does not consent to an amendment of an adjoining property owner's GDP that would have the effect of not connecting with the Toll property and which would place Toll in a position, which is unfairly prejudicial, where it would be required to seek an amendment to its previously approved MDP. Thank you for your attention to these matters. TML:atd cc: Toll VA IV, L.P. Very t ly yours, Tho P CORPORATE: Chantilly VIRGINIA Of f ICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICE. Baltimore Col um bio Frederick Germantown Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Wino hosier, VA 22601 Patton Har_Rust Associates Engineers. Surv4,ors_ Planners_ Landscape Architects_ July 11, 2007 Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike. JUL 1 1 2007 Please find attached the following documents regarding the Haggerty Proffer Modification Request: Revised Proffer Statement dated July 10, 2007 Revised Generalized Development Plan (GDP) dated July 2, 2007 Red- marked version of proffer statement depicting modifications made since the May 16, 2007 Proffer Statement The following is a brief explanation of the proffer modifications since the May 16, 2007 Proffer Statement: Proffer 13.2 The proffer to construct the "Spine" Road still includes the construction of a R2 roadway from Route 7 to the Southem Property boundary with a portion of the "Spine" Road being constructed as future Route 37. The revised proffer now includes 80 feet of right of way (previously 60 feet) for the "Spine" Road from the connection of the East -West Collector Road to the northern project limits. This additional right of way dedication will provide the opportunity for future transportation improvements by the County and/or VDOT if deemed necessary. Proffer 13.4 The location of the East -West Collector Road has been shifted approximately 400 feet north from the alignment proposed in the May 16, 2007 proffer statement. This revised alignment is in keeping with the adopted Eastern Road Plan and also in keeping with the recommendation of Frederick County Planning Staff per previous public hearings. The proffer provides for two scenarios, each providing a 90 foot reservation area for right of way and buffer /screening. Both scenarios commit to the construction of the southern two lanes of an ultimate urban four lane divided (U4D) roadway. 1 Scenario 1, as described by Proffer 13.4.1, assumes that 40 feet of right of way will be dedicated on the adjoining property to the north. Under this scenario, the Applicant would provide the additional 40 feet of right of way needed for the collector roadway and also provide a 50 foot reduced distance road efficiency buffer between the roadway and residential lots. Scenario 2, as described by Proffer 13.4.2, assumes that the 40 feet of right of way is not dedicated on the Property to the north. Under Scenario 2, the Applicant has proffered to dedicate the full 80 feet of right of way and also provide a 10 foot landscaped buffer between the roadway and residential lots. Proffer 13.8 The revised proffer statement now prohibits direct lot access to both the "Spine" Road and the East -West Collector Road. Proffer 15.1 The revised proffer statement and GDP now depicts a future inter- parcel connection with Phase 10 of the adjacent Twin Lakes development along the Haggerty Property's western boundary. This new inter- parcel connection location is necessitated by the shift of the "Spine" Road into the Route 37 right of way which moved the roadway out of reach of the inter- parcel connection as shown on the approved master development plan for the Twin Lakes property. The phasing schedule and proffered maximum dwelling units approved as part of the existing Haggerty proffer package has not changed. The proposed proffer changes represent improvements to the proposal that are consistent with the Eastem Road Plan. As such, the proposed proffer modifications implements many goals of the County's Comprehensive Plan and merits favorable consideration and approval. As always, please feel free to call with any questions or comments you may have. Sincerely, Patton Harris Rust Associates I/ �'L� L G Patrick R. Sowers P CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES Chantilly Fredericksburg MARYLAND OFFICES. Baltimore Columbic Frederick Germantown Hollywood Hunt Valley wilhamsporr PENNSYLVANIA OFFICE: A.Ilentown Wrs, VIRGINIA ORRICE' Martinsburg r 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester. VA 22601 Patton Harrf"Rust Associates Engineers. Surveyors. Plcnners. Landscape ArchlrecTs. July 18, 2007 Mr. Eric Lawrence Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Eric: Please find attached a revised Proffer Statement for the Haggerty Property dated July 17, 2007. The changes to the proffer statement are in response to the comments provided by VDOT on July 17, 2007. The changes from the previous version of the proffer dated July 10, 2007 are as follows: Proffer 13.2 The language has been modified to state that the Applicant has the right to "request" rather than "apply" for partial funding for construction of the collector road through revenue sharing or other VDOT programs. Proffer 13.3 Improvements to Route 7 at the "spine" road intersection are now proffered to be constructed prior to issuance of the first building permit. Proffer 13.4 The statement, "The East -West collector road shall be designed to accommodate the future Route 37 fly -over bridges," has been added to ensure that the proposal will not impact the constructability of future Route 37. Proffer 13.6 The statement, "All plats depicting the VA Route 37 right of way shall note that the roadway is limited access," has been added. As always, please feel free to call with any questions or concerns. Sincerely, Patton Harris Rust Associates Patrick R Sowers in 1 8 2001 Patton Harris Rust gisociates Engineers. Surveyors. Planners. Landscape Architects. To: Mike Ruddy Organization /Company: Frederick County Planning From: Patrick Sowers Date: July 11, 2007 Project Name /Subject: Haggerty Proffer Modification Request Please find attached a revised proffer statement dated 7/10/07 for the Haggerty Property. I have also attached a redmarked version which shows the changes made to the document since the 7/2/07 revision submitted to your office last week. The only modification was to Proffer 13.4 which provides the same intent to provide an 80' right of way and construct 2 lanes of the East -West collector but now also includes a trigger of 225 building permits for the full construction of this roadway to avoid any concerns by the County of the dmeframe for the construction of the East -West collector. Please feel free to call with any questions that you may have. Sincerely, Patton Harris Rust ssoci es Patrick R. Sowers 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 1 1 1 iJUL 1 L2007 Attachments MTR/bad Bob Mitchell TO: FROM: RE: DATE: July 10, 2007 Michael T. Ruddy, AICP Deputy Director Rezoning Application Proffer Statements Please find attached to this memorandum the proffer statement from the Carriage Park rezoning application, RZ #12 -06. This revised proffer statement was recently re- submitted in anticipation of the upcoming Board of Supervisors meeting on July 25, 2007. The Planning Commission recommended denial of this application for a variety of reasons, including concerns with the timing and content of the revised proffer statement. We would appreciate your 3` review of the Proffer Statement with particular attention being paid to Section 12, Transportation. I have attached the previous version of the proffer statement for your comparison. Also attached for your review is the revised proffer statement from the Haggerty rezoning application RZ #04 -07. This request is to amend the proffer statement as it relates to transportation improvements and the GDP. The Board of Supervisors is scheduled to also review and hold a public hearing on this application on July 25, 2007. Thank you for your continued assistance. cc: John Riley, Jr., County Administrator 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Ei JIL!COPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Mike Ruddy Hi Patrick- 7/3/2007 From: Eric Lawrence [elawrenc @co.frederick.va.us] Sent: Tuesday, July 03, 2007 10:53 AM To: Patrick R. Sowers Cc: 'Mike Ruddy'; John Bishop Subject: Haggarty Rez /MDP Page 1 of 1 Based on yesterday's meeting, I would expect that today you will be forwarding to the Planning Department the latest proffer amendment and MDP for the Haggerty property. Submission of these documents today is necessary so that each may be accommodated on their respective agendas. In looking at the PC and Board meeting dates over the next few months, I would propose the following dates for your Haggerty reviews (presuming each is submitted. today): July 25th Board reviews proffer amendment; if Board approves proffer amendment, then the PC could review the MDP on August 15th, and the Board on August 27 Obviously, this tentative schedule would be modified if the PC or Board elect not for forward a plan through the approval process. Keys areas that will be addressed in staff reports (Proffer Revision and MDP reports) based on our discussion [note that once we receive the proffer and MDP additional issues may be identified]: Proffer Amendment would establish an 80' wide east -west major collector ROW, with developer constructing a 2 -lane road section. Proffer Amendment would eliminate parallel north -south collector road. In its place, a 2 -lane road section would be constructed within the Rt 37 ROW. Proffer Amendment would provide an 80' wide ROW for the north -south major collector road within limits of the development, and outside of the previously proffered Rt 37 ROW MDP would illustrate the locations of proffered roads; MDP would identify interparcel connections to accommodate the approved Twin Lakes project- you will provide letter of support from the Twin Lakes developer Toll Brothers. Intersection design of the major collector roads will need to be resolved prior to road design plan approvals. This issue will be discussed in the proffer amendment and MDP reports Please advise if I missed any key discussion items from yesterday. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540 665 -5651 540 665 -6395 (fax) elawrenc(Mco. frederick.va. us http: /www.co. frederick. va. us/ PlanningAndDevelopment /PlanningAndDev. htm www.co.frederick.va.us Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Wednesday, June 13, 2007 11:41 AM To: 'Mike Ruddy' Cc: 'Eric Lawrence' Subject: Haggerty and Carriage Park Postponement Requests Mike, Per our conversation earlier, I've attached a letters requesting postponement of the public hearings scheduled for tonight for both the Carriage Park and Haggerty applications. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com i/13/2007 Page 1 of 1 PHRA CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport Nows Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Frederic '.sburg MAR NAND OFFICES: Baltimore Columbia Frederic'. Germaniown Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE: Allentown WEST VI ROwIA OFFICE: Martinsburg r 5410.667 2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associate's Engineers. Surveyors. Planners. landscape Architects. June 13, 2007 VIA E -MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: I would like to request a postponement of the Haggerty Proffer Modification Request (RZ 04 -07) scheduled for a public hearing at the June 13, 2007 Frederick County Board of Supervisors meeting to allow time to revise the application. I would request that the application be scheduled for the July 25, 2007 Board of Supervisors meeting. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust Associates Patrick R. Sowers PHRA CORPORATE: Chantilly VNeawu OFFICES: BTidgew:ater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LASOT ATOVtEs: Chantilly Fredericksburg MAINLAND OFFICES: Baltimore Columbia Frederica. Germantown Hollywood Hunt Valley Williamsport Premsnvarvu OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg 540.667.2139 F 540.665.0493 117 East Piccadilly Street Spire 200 Winchester, VA 22601 Pciilon Harris Roil Associates Engineers. Surveyors. Planners. landscape Arcirirecls. June 13, 2007 VIA E -MAIL Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Dear Mike. I would like to request a postponement of the Caniage Park Rezoning Application (RZ 12 -06) scheduled for a public hearing at the June 13, 2007 Frederick County Board of Supervisors meeting to allow time to revise the application. I would request that the application be scheduled for the July 25, 2007 Board of Supervisors meeting. Please do not hesitate to contact me should you have any questions or concems. Sincerely, Patton Han Rust Associates n Patrick R Sowers CORPORATE: Chantilly VIRGINIA OrfICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginio Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYIRANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0.493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton HarrSust Associates Engineers. Surveyors. Planners. Landscape Architects. May23, 2007 HAND DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: I would like to request a two week continuation of the public hearing scheduled for May 23, 2007 for the Haggerty proffer modification request. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust Associates Patrick R. Sowers ki t9 L,p) CORPORATE Channily VIRGINIA OFFICES: Bridgewater Chantilly Chorlor:esville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES. Chantilly Fredericksburg MARYLAND OFFICES_ Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Wllll c msoorr PENNSYNANIA OFFICE Allentown WEST VIRGINIA OFFICE. Ma rri nsburg 7 540.6672139 F 540.665.0493 117 East Piccadilly Slreer Sui;e 200 Winchester, VA 22601 Patton Harr.Rust Associates Engineers. Surveyors. Planners. Landscape Architects. May 23, 2007 HAND DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike- would like to request a two week continuation of the public hearing scheduled for May 23, 2007 for the Haggerty proffer modification request. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust Associates Patrick R. Sowers P CORPORATE: Chantilly VIRGINIA OFFICES: Brtcgewatet Chantilly Charlottesville Fredericksburg Leesourg Newport News Virgule Beach Winchester Woodbridge LABORATORIES. Chan'illy Frede-i cksburg MARYLAND OFFICES: Baltimore Columbia Freder Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE'. Alleniown WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchesrer, VA 22601 Patton Har.i, Rust Associates Engineers. Surveyors. Planners. Landscape A:chileors. March 23, 2007 Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Haggerty Proffer Modification Request Dear Mike: Please find attached the following documents regarding the Haggerty Proffer Modification Request: Revised Proffer Statement dated March 22, 2007 Revised Generalized Development Plan (GDP) dated November 27, 2006 Executed Power of Attorney Completed Rezoning Application Forms Application fee Agency comments from all relevant review agencies with the exception of only the County Attomey, Historic Resources Advisory Board (1 MAB), and Planning Department which were submitted for comment to the Department of Planning and Development on December 14, 2006 The revised proffer and GDP provide for the Applicant to construct a portion of future Route 37 as a portion of the "spine" road. This amendment to the original proffer approved as part of Rezoning 14 -05 provides for the construction of a portion of future Route 37 while facilitating the future connection between Route 7 and Senseny Road. The revised proffer also allows the Applicant the ability to construct the proposed "spine" road with a rural undivided (R2) cross section provided that some locations along the proposed roadway may use curb and gutter. This modification still provides for the construction of a connection from Route 7 to the southern property boundary but would also better accommodate any potential expansion of the roadway should future use necessitate any expansion. The revised GDP reflects the transportation plan depicted by the Master Development Plan as recently submitted to the Planning Department. As the outstanding issue with the Master Development Plan as identified by Planning Staff has been consistency with the GDP proffered as part of rezoning 14 05, submission of this proffer modification request, if approved by the Board of Supervisors, would address any issues regarding consistency between the MDP and GDP. Our intent is to process the MDP application and proffer modification request concurrently. Please feel free to call with any questions or comments you may have. Sincerely, Patton Harris Rust Associates Patrick R Sowers CC: ClayAthey Chuck Maddox Dave Holliday Ken Berg Wayne Hill AMENDMENT Action: PLANNING COMMISSION: January 19, 2005 Recommended Approval BOARD OF SUPERVISORS: February 9, 2005 APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #14 -04 FOR THE HAGGERTY PROPERTY WHEREAS, Rezoning #14 -04 for the Haggerty Property, submitted by Patton Harris Rust Associates, to rezone 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located adjacent and east of Eddys Lane (Route 820). approximately three miles east of Winchester and 1,500 feet south of Route 7. The subject site is further located adjacent and south of the Opequon Wastewater Treatment Plant property and adjacent and west of Opequon Creek. which forms the boundary of Clarke County, in the Red Bud Magisterial District, and is identified by Property Identification Numbers (PINs) 55A -212 and 55- A -212A. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 19, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 9.2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health. safety, welfare. and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 111.56 acres from RA (Rural Areas) District to RP (Residential Performance) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 405 -05 This ordinance shall be in effect on the date of adoption. Passed this 9th day of February. 2005 by the following recorded vote: Richard C. Shickle. Chairman Gina A. Forrester Lynda J. Tyler Gene E. Fisher PDRes #05 -05 Aye Nay Aye Aye Barbara E. Van Osten Gary Dove Bill M. Ewing A COPY ATTEST Jo ,T' Riley. Jr. Frederick County Administrator Ay-e-- Aye Aye PROPOSED PROFFER STATEMENT REZONING: RZ. 14 -04 Rural Areas (RA) to Residential Performance (RP) PROPERTY: 111.56 acres Tax Map Parcels 55-A-212 212A (the "Property') RECORD OWNER The Canyon, LC APPLICANT: The Canyon, LC PROJECT NAME Haggerty Property ORIGINAL DATE OF PROFFERS: December 20, 2004 REVISION DATE (S) 1/12/05; 1/20/05; 2/9/05 The undersigned hereby proffers that the use and development of the subject property "Property as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Haggerty Property" dated December 20, 2004 (the "GDP and shall include the following: 1. LAND USE: 1.1 Residential development on the Property shall not exceed a maxim of 300 dwelling units. Housing types shall be limited to single family detached and single family attached units. Proffer Statement Haggerty 1.2 Single family detached housing types shall comprise a minimum of 60 units, but shall not exceed a maxim of 150 units 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Haggerty Proffer Statement as approved by the Board. The project is a mixed use residential type allowing a range of housing types within limits established by this proffer statement. 2.2 The maximum dwelling units for which certificates of occupancy are requested shall be 75 in any 12 month period within the first 24 months of project development, beginning on the date of master development plan approval by the Board, and 50 in any 12 month period thereafter. Any such units not requested in a given 12 month period shall be allowed to carry over to the subsequent 12 month period in addition to those units otherwise permitted. 2.3 After 60 months from master development plan approval by the Board, any remaining certificates of occupancy up to 300 may be requested. 3. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 3.1 The Applicant shall design and build a public pedestrian- bicycle trail system to Department of Parks and Recreation standards that links residential and open space areas within the development. The precise location of said trail system shall be determined during the master development plan (MDP) process, pursuant to the approval of the Director of Parks and Recreation and the Planning Commission. The trails shall be 10 feet wide, have an asphalt surface and shall be located to enable connections with adjoining developments. 4. FIRE &RESCUE: 4.1 The Applicant shall contribute to the Board the sum of $889.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the Board the sum of $707.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOLS: 4.1 The Applicant shall contribute to the Board the sum of $7,571.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family detached unit. Page 2 of 8 Rev. 2/09/05 Proffer Statement Haggerty 4.2 The Applicant shall contribute to the Board the sum of $5,881.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 6. PARKS OPEN SPACE: 6.1 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single familydetached unit 6.2 The Applicant shall contribute to the Board the sum of dwelling unit for recreational purposes, payable upon the building permit for each single family attached unit. 7. LIBRARIES: 7.1 The Applicant shall contribute to the Board the sum of $213.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family detached unit. 7.2 The Applicant shall contribute to the Board the sum of $173.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such single family attached unit. 8. SHERIFF'S OFFICE 8.1 9. ADMINISTRATION BUILDING $1,288.00 per issuance of a $1,040.00 per issuance of a The Applicant shall contribute to the Board the sum of $50.00 per dwelling unit for the Sheriff's Office upon issuance of building permit for each such unit. 9.1 The Applicant shall contribute to the Board the sum of $200.00 per dwelling unit for construction of a general governmental administration building upon issuance of building permit for each such unit. 10. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 10.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 10.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located Page 3 of 8 Rev. 2/09/05 Proffer Statement Haggerty outside of residential lots; (iii) common solid waste disposal programs, if they decide to use a commercial collection company, (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 10.3 The Applicant shall provide management and start up assistance to the HOA, to include a contribution of $100 per dwelling unit to an escrow account established for HOA operations. 10.4 Curb side trash collection service shall be provided to all dwelling units by commercial carrier. The HOA shall be responsible for arranging and managing the delivery of said service to all dwelling units within the residential development. 11. WATER SEWER 11.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority "the FCSA 11.2 The Applicant shall provide needed lands and easements on this site at no cost to the FCSA in order to implement the Senseny Road Regional Sewage Pump Station project. (See 1 on GDP). 11.3 The Applicant shall establish a buffer to a distance of 600' from presently planned future treatment units on the Frederick- Winchester Service Authority "the FWSA site. No residential dwelling units (structure) shall be located within this buffer. (See 2 on GDP). 11.4 The Applicant shall install a water main to a point of connection with the FWSA Opequon Sewer Plant property line The water main will be installed and serviceable before the 101" building permit is issued. (See 3 on GDP). 12. ENVIRONMENT: 12.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13. TRANSPORTATION: 13.1 Transportation improvements shall be initiated at the outset of the development process unless otherwise specified below. Page 4 of 8 Rev. 2/09/05 Proffer Statement Haggerty 13.2 The Applicant shall construct a collector road as the "spine" of the project's intemal road network and to provide direct access from the project to VA Route 7. Said collector road shall be located within a sixty foot right of way aligned parallel to the planned right of way for VA Route 37, and shall be constructed as an urban undivided (U2) cross section with a center turn lane. The collector road shall be constructed from VA Route 7 to the project site prior to issuance of the first building permit for the project, and shall be completed to the south project boundary prior to issuance of the 151" building permit. The Applicant reserves the right to apply for partial funding for collector mad construction through revenue sharing or other programs as may be available through VDOT and/or Frederick County. (See 4 on GDP) 13.3 The Applicant shall install those improvements necessary to complete the cross -over at the intersection of the "spine" collector road and VA Route 7, including Route 7 improvements with tum lanes, pursuant to VDOT specifications and approval. The Applicant shall further enter into a signalization agreement with VDOT for said intersection. 13.4 The Applicant shall make available the area necessary for the future construction by others of an east -west road that will connect to the "spine" collector road. (See 5 on GDP) 13.5 The Applicant shall construct an entrance onto the "spine" collector mad for the Opequon Regional Wastewater Facility The final location and design of said entrance shall be determined pursuant to the specifications and approval of VDOT, the County, and the FWSA. 13.6 The right of way for VA Route 37 as identified by County studies and generally shown on the GDP will be surveyed and platted. The Applicant will cause the dedication of this right of way at no cost to the County within 90 days of request by the County. (See 6 on GDP). 13.7 The Applicant shall construct a complete densely planted landscape screen on a 20' landscape easement adjacent to both sides of the proposed VA Route 37 right of way and/or the proposed "spine" collector road. At least 3 trees are to be planted for each 10 linear feet of easement and are to be 4 feet in height at time of planting. The mix of trees are to be determined through discussion with the Virginia Forestry service and VDOT and shall be shown on initial construction plans. (See 7 on GDP). 14. ESCALATOR CLAUSE: 14.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors "Board within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U") published by the United States Department of Labor, such that at the time contributions Page 5 of 8 Rev. 2/09/05 Proffer Statement Haggerty are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available G'I -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 8 Rev. 2/09/05 Proffer Statement Haggerty Respectfully submitted, The Canyon, LC By Title: Manager STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: The foregoing instrument was acknowledged before me thi� day of FrOr u04 2005, by DOW d 3 Hn i 1 cil y My commission expires QG 1 Notary Public at f'' j� Page 7 of 8 Rev. 2/09/05 HAGGERTY PROPERTY II o GENERAL /ZED DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA DENOTES GENERALIZED OPEN SPACE LAYOUT gilbert w. clifford associates a division of Patton, Harris, Rust Associates, pc 117 E. Pica&ly 5L Winchester, Virginia 22601 VOICE (540) 667 -2139 MX: (540) 665 -0493 Page 8 of 8 August 17, 2006 Frederick- Winchester Service Authority Mr. David B. Holliday The Canyon, LC 420 W. Jubal Early Drive, Suite 103 Winchester, VA 22601 I hope you will find this acceptable. S rely, JWM:ncg Jesse W. Moffett Executive Director Frederick Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1 -540- 722 -3579 Dear Mr. Holliday: SUBJECT: BOUNDARY ADJUSTMENT FOR THE HAGGERTY PROPERTY This is to verify that the deed and plot provided to this office have been reviewed and found acceptable. Signing of this document will remain pending until such time as a Master Development Plan has been approved by the County, to assure that the boundary adjustment and property exchange conform to that Master Development Plan and that it will be an acceptable document for the County to approve. In addition, it will remain pending until we have come to an agreement on the entrance road to the Opequon Water Reclamation Facility, which is very critical to our expansion and to our future needs. CC: Michael T. Ruddy Deputy Director, Planning Development John B. Schroth Chairman, Frederick Winchester Service Authority Board "Malntalning and Promoting tae Vaetres o$ tae aonrniknity taroaga Bnvlronnrestae Stewardsalp" Consideration: None The Canyon, L.C. address: 420 W. Jubal Early Drive, Suite 103, Winchester, Va. 22601 Map Nos. 55 -A -212; 55 -4 -1; 56 -A -18; 56 -A -19 to become Nos. 55- A -212B; 55- 4 -A -1A; 56- A -18A; 56 -A -19A dated this THIS DEED OF BOUNDARY ADJUSTMENT and EASEMENT, made and day of 2006, by THE CANYON, L.C., a Virginia limited liability company, Grantor and Grantee, party of the first part; and the FREDERICK WINCHESTER SERVICE AUTHORITY, Grantor and Grantee, party of the second part. WITNESSETH: WHEREAS, the party of the first part and the party of the second part are owners of adjoining tracts of land, bearing Frederick County, Virginia tax map numbers as stated above, located in Red Bud Magisterial District, Frederick County, Virginia, and they desire to adjust the boundary lines between their lands; and, WHEREAS, the parties have caused the land to be surveyed by Cory M. Haynes, L. S., a plat of which survey dated April 27, 2006, revised May 30, 2006, is attached hereto and made a part of this deed; and, WHEREAS, the party of the first part and the party of the second part agree that the true and correct boundary lines between their respective lands are as shown on said plat. NOW, THEREFORE, in consideration of the premises, the said party of the first part does hereby agree that said lines between the parcels as shown on said attached plat are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey with general warranty and English covenants of title unto the said party of the second part, Grantee, in fee simple, all its right, title and interest in and to those certain parcels of land aggregating 5.5378 acres as shown on said plat. AND, in consideration of the premises, the said party of the second part does hereby agree that said lines between the parcels are the true and correct boundary lines between the lands of the parties, and does hereby grant and convey with special warranty unto the said party of the first part, Grantee, in fee simple, all its right, title and interest in and to those certain parcels of land aggregating 2.7689 acres as shown on said plat. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject properties, including those certain slope and drainage easements as set out in Note 6, Sheet 2 of said plats. WITNESS THE FOLLOWING SIGNATURES AND SEALS: DAVID iLLII Stanaging Member TH ANYON, L.C. JOHN B. SCHROTH FREDERICK WINCHESTER SERVICE AUTHORITY JESSE W. MOFFETT, Executive Director FREDERICK WINCHESTER SERVICE AUTHORITY (SEAL) (SEAL) (SEAL) STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 1(1" day of doe- 2006, by David B. Holliday, Manager, The Canyon, L.C., on behalf of the company. My commission expires: 1O N-061 STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this Schroth, Frederick Winchester Service Authority. NOTARY PUBLIC day of 2005, by John B. My commission expires: STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of 2006, by Jesse W. Moffett, Executive Director, Frederick Winchester Service Authority. NOTARY PUBLIC APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR VICINITY MAP SCALE: 1" 2,000' OWNER'S CONSENT: (AS TO PIN 55 —A -212) THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTY OF THE CANYON, L.C., AS APPEARS ON THE ACCOMPANYING PLATS, I5 WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERS D OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. l.4 M ,C-, L.: 7 DAE) 0 C L 6. 0l /Lt/ M. PRINTED NAME TITLE NOTARY PUBLIC STATE OF V1f4in3 2 CITY /COUNTY OF Frei G'iick THE FOR GOING IN T yMEJJT WAS ACKNOWLEDGED BEFORE ME ON 1 7NLf 0 G% BY .D,. ,i 8. Idai y 1. TE) 14.A/ D 'a J MY COMMISSION EXPIRES 10 3i'°'1 (NOTAR PUBLIC) (NOTARY PUBLIC) MY COMMISSION EXPIRES O U 4i, 0,TH OF Cs '2 CORY M. HAYNES 9 No. 2539 <lhN 11) SURN DATE (DATE) OWNER'S CONSENT: (AS TO PINS 55 56 —A -18 56 19) THE ABOVE AND FOREGOING RESERVATION OF EASEMENT AND BOUNDARY LINE ADJUSTMENT ON AND THROUGH THE PROPERTIES OF FREDERICK WINCHESTER SERVICE AUTHORITY, AS APPEARS ON THE ACCOMPANYING PLATS. I5 WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. PRINTED NAME TITLE NOTARY PUBLIC STATE OF THE FOREGOING INSTRU (DATE) CITY /COUNTY OF ENT WAS ACKNOWLEDGED BEFORE ME ON BY (DATE) (DATE) BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects. P `L 9 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.6672139 F 540,665.0493 SHEET 1 OF 6 e F R T C R (vARr B CE j< <E TE 7 NEW) 4 �J L 55 -4 -1A y I I �I N I P SRVICE AUTHORITY cA• AA 55 -4 -2 'J fr7 56_0 9A /7 (N1 E-1W) E6� FREDERICK WINCHESTER '917°°14 f" SERVICE AUTHORITY 55 -4 -270 Alai 55 —A -209 55W- 2- 9 -149D OVERALL MAP SCALE: 1" 1000' 55 A 2t28 THE CANYON,:::hc. 65 —A -795 NOTES: 1. FREDERICK COUNTY PINS: 55 —A -212, 55 -4 -1, 56 —A -18 56 —A -19; ZONED: RA RP. 2. THE PURPOSE OF THIS PLAT I5 TO ADJUST THE BOUNDARY UNES IN SUCH A WAY AS TO CONVEY 2.7689 ACRES TO THE CANYON, L.C. FOR PURPOSES OF FUTURE DEDICATION OF RIGHT —OF —WAY FOR HAGGERTY BLVD. AND 5.5378 ACRES TO FREDERICK— WINCHESTER SERVICE AUTHORITY IN EXCHANGE. 3. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 4. BASIS OF MERIDIAN SHOWN HEREIN 15 A FIELD RUN GPS SURVEY WHICH TIES THIS PROJECT TO NAD 83, VIRGINIA STATE PLANE (NORTH ZONE) DATUM. 5. PERMANENT MONUMENTATION WILL BE SET AT ALL PROPERTY CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 6. ADJOINING PROPERTY INFORMATION SHOWN HEREIN 15 DERIVED FROM INFORMATION OBTAINED "FROM THE FREDERICK COUNTY MAPPING SERVICE (INTERNET WEBSITE gis.co.frederick.va.us) JUNE, 2005. 7. VARIABLE WIDTH SLOPE DRAINAGE EASEMENT 15 HEREBY RESERVED FOR DEDICATION TO VDOT AT SUCH TIME AS RIGHT OF WAY FOR PUBLIC STREET PURPOSES'I5 DEDICATED FOR HAGGERTY BLVD. SURVEYOR'S CERTIFICATE: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFI`; TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS DEDICATION AND ADJUSTMENT ARE THE SAME PROPERTY CONVEYED TO THE CANYON, LC. BY DEED RECORDED AS INSTRUMENT #040014715 [55 —A -212] TO FREDERICK WINCHESTER SERVICE AUTHORITY BY DEEDS RECORDED AS DEED BOOK 600, PAGE 691 [55 -4 -1] AND DEED BOOK 564, PACE 414 [56 —A -18 A -19]; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY. VIRGINIA. V 4OThi R j L (NEW) 56 —A -18A FREDERICK WINCHESTER SERVICE AUTHORITY AREA TABULATION: TOTAL AREA OF (PROPOSED) ROW 120,614 SF/2.7689 AC (SEE NOTE A) TOTAL AREA OF BLA 241,228 SF/5.5378 AC (SEE NOTE 8) NOTE A: AREA OF LAND MAKING UP THE RIGHT —OF —WAY WHICH IS CONTAINED WITHIN PIN 55 -4 -1, 56 —A -18 AND 56 —A -19, PROPERTY OF THE FREDERICK WINCHESTER SERVICE AUTHORITY. TOTALING 2.7689 ACRES, I5 TO BE CONVEYED TO THE CANYON, L.C. AND TO BE ADDED TO PIN 55 —A -212 AND BECOME KNOWN AS PIN 55 —A -2128. NOTE B: AREA OF LAND WHICH I5 CONTAINED WITHIN PIN 55 —A -212, PROPERTY OF THE CANYON, L.C. AND TOTALING 5.5378 ACRES, IS TO BE CONVEYED TO THE FREDERICK WINCHESTER SERVICE AUTHORITY AND ADDED TO PIN 56 —A -19 AND BECOME KNOWN AS PIN 56— A -19A. P FOR GIS PURPOSES: (OLD) PIN 55 -4 -1 7.82 AC (NEW) PIN 55 -4 -1A 7.4814 AC (OLD) PIN 55 —A -212 106.60 AC (NEW) PIN 55 —A -2126 103.8311 AC (OLD) PIN 56 —A -18 (NEW) PIN 56 —A -18A OLD) PIN 56 —A -19 NEW) PIN 56 —A -19A 23.50 AC 23.4999 AC 56.52 AC 59.6276 AC ALL OLD AREAS ARE BASED ON RECORD INFORMATION, NOT A FIELD RUN SURVEY. BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" =1000' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust 8 Associates,pc En ineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 2 OF 6 NOTE: SEE ON SHEET Suite 200 3 OF 6 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD 01 2839.79' 721'22" 364.60' 182.55' 573'55'50 "E 364.35' C2 2839.79' 7'04'39" 350.78' 175.61' S6729'05 "E 350.56' C3 593.00' 3'1 7'01" 33.98' 17.00' 804'44'18 "E 33.98' C4 533.00' 36'56'59" 343.73' 178.08' 521'3418 "W 337.80' C5 407.79' 17'48'34" 126.76' 63.89' 548'57'04 "W 126.25' C6 527.00' 6'30'07" 59.80' 29.93' 561'06'25 "W 59.77' C7 599.00' 38'00'00" 397.27' 206.25' 545'21'28 "W 390.03' 08 2814.79' 3'40'50" 180.82' 90.44' 868'23'51 "W 180.79' 09 527.00' 38'00'00" 349.52' 181.46' 845'21'28 "E 343.15' 010 599.00' 6'30'07" 67.97' 34.02' N61'0625 "E 67.94' C11 473.80' 17'48'34" 147.27' 74.23' 848'57'04 "E 146.68' C12 593.00' 36'56'59" 382.42' 198.13' N21'3418 "E 375.83' C13 533.00' 17'38'41 164.14' 82.73' N11'55'09 "E 163.49' 014 641.75' 2'57 33.20' 16.60' 831'26'15 "E 33.19' 015 139.16' 13'30'15" 32.80' 16.48' N37'07'57 "E 32.72' C16 1378.30' 2'41'58" 64.94' 32.48' S4424'39 "W 64.93' C17 863.84' 7'54'58" 119.35' 59.77' 849'19'01 "E 119.26' C18 458.36' 62929" 51.93' 25.99' 554'48'25 "W 51.90' C19 213.80' 913'48" 34.44' 17.26' 85814'21 "E 34.40' C20 1137.68' 5'06'04" 101.29' 50.68' 558'29'13 "W 101.26' C21 620.67' 11'49'49" 128.15' 64.31' 552'37'48 "W 127.93' C22 592.21' 3'22'42" 34.92' 17.46' 848'00'47 "E 34.91' C23 131.63' 17'02'44" 39.16' 19.73' 855'1423 "E 39.02' C24 297.24' 12'57'58" 67.26' 33.78' 559'11'57 "W 67.12' C25 401.70' 19'01'25" 133.37' 67.31' 539'42'45 "W 132.76' C26 448,14' 18'31'06" 144.84' 73.06' 52528'06 "W 144.21' 027 2363.39' 2'03'33" 84.94' 42.48' 516'45'15 "W 84.94' C28 727.52' 3'31'47" 44.82' 22.42' N1524'52 "E 44.81' C29 158.49' 9'30'44" 26.31' 13.19' 514'11'04 "W 26.28' C30 1027.11' 14'06'42" 252.97' 127.13' 501'56'31 "W 252.33' C31 351.50' 22'32'51" 138.33' 70.07' N07'38'18 "E 137.43' C32 2630.00' 70623" 96.69' 48.35' 517'13'10 "W 96.68' C33 319.50' 5'51'39" 32.68' 16.35' N1515'45 "E 32.67' C34 669.04' 916'59" 108.40' 54.32' 825'21'47 "E 108.28' C35 1133.02' 2'49'45" 55.94' 27.98' 827'13'02 "E 55.94' C36 780.09' 7'02'31" 95.88' 48.00' 834'39'50 "E 95.82' C37 226.23' 8'47'14" 34.70' 17.38' 536'40'44 "W 34.66' C38 349.54' 33'00'07" 201.34' 103.55' 851'56'32 "E 198.56' C39 1594.62' 4'06'01" 114.11' 57.08' N68'0420 "E 114.09' C40 705.21' 7'00'48" 86.32' 43.22' N74'55 "E 86.27' C41 515.78' 711'05" 64.68' 32.38' S7622 "W 64.63' C42 37.90' 14'58'33" 9.91' 4.98' S68'59'30 "W 9.88' C43 237.71' 19'07'10" 79.32' 40.03' 552'26'16 "W 78.96' C44 1765.08' 2'59'12" 92.01' 46.02' N44'48'36 "E 92.00' 045 432.66' 17'57'53" 135.66' 68.39' 53215'37 "W 135.10' C46 531.55' 3'19'13" 30.80' 15.41' N25'31 "E 30.80' C47 199.41' 17'32'10" 61.03' 30.76' 519'1758 "W 60.79' C48 168.37' 14'22'51" 42.26' 21.24' S02'20'46 "W 42.15' C49 1775.04' 4'52'30" 151.03' 75.56' 803'03'52 "E 150.99' C50 236.25' 8'30'29" 35.08' 17.57' 808'43 "E 35.05' 051 393.65' 9'34'41 65.81' 32.98' S08'32'07 "W 65.73' C52 485.41' 4'02'36" 34.25' 17.13' 503'01'48 "W 34.25' C53 593.00' 33'23'25" 345.58' 177.85' N19'47'30 "E 340.71' C54 593.00' 30'06'24" 311.60' 159.49' 821'26'01 "E 308.03' C55 563.00' 61'15'40" 601.96' 333.36' 533'43'38 "W 573.70' C56 563.00' 9'03'38" 89 03' 44.61' 807'37'37 "F 88 94' C57 12.91' 42'08'00" 9.49' 4.97' 546'33'20 "E 9 28' C58 1940.51' 0'52'05" 29.40' 14.70' 567'46'58" E 29.40' C59 160.43' 11'24'41" 31.95' 16.03' 574'56'38 "E 31.90' C60 828.62' 4'44'51" 68.66' .34.35' 581'3243 "E 68.64' C61 446.55' 3'35'29" 27.99' 14.00' 584'45 E 27.99' C62 241.05' 20'52'41" 87.84' 44.41' 877'51'16 "W 87.35' C63 64.61' 12'57'49" 14.62' 7.34' N57'43'46 "W 14.59' NOTE: CURVES OMITTED INTENTIONALLY. LINE TABLE 5. 054, C55 056 WERE c N LTH of fl+ A 4 G 0 f BOUNDARY FREDERICK-WINCHESTER SERVICE RED FREDERICK SCALE: Patton Harris Engineers. Surveyors. LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN AUTHORITY THE CA L BUD MAGISTERIAL DISTRICT COUNTY. VIRGINIA 2006 N/A REVISED: AUGUST 2006 Rust Associates,pc Planners. Landscape Architects. 117 East Piccadilly Street, Winchester, Vir inia 22601 9 T 540.667,2139 F 540.665.0493 SHEET U 2 CORY M. HAYNES No. 2539 SI41°6 `T l 4' SURN q� 5 i UJ H' U Oro I N ik e) rn a3� i o 1 l a° `I"< ZEo NU LLI to U 05W o w w� lid LL EASEMENT RESERVATION I (SEE NOTE 6) N U co 0a to <O 9 6 I4 0 .n O may z o JP I co Q NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. OD nF 0 0 Q o z< cc 0 GRAPHIC SCALE 0 sa 1' pit- N9P#9 :MSc IM" IN FEET 1 inch 100 ft. ATCH LINE SEE SHEET 5 (OLD) 55 -A -212 THE CANYON, LC INST #040014715 (NEW) PROPERTY LINES HEREBY CREATED (NEW) 55- A -212B 103.8311 AC 100 PORTION OF (OLD) PROPERTY LINE C 50 HEREBY VACATED N34'23'40 "W IRS 85.67' EASEMENT RESERVATION (SEE NOTE 6) (NEW) PROPERTY LINES HEREBY CREATED p$,1 ,,yTH pfi `f 0 CORY M. HAYNES,. No. 2539 aJ4!c? t 44'D SURF (NEW) PROPERTY LINES HEREBY CREATED (OLD) 56 -A -19 FREDERICK WINCHESTER SERVICE AUTHORITY DB 564, PG 414 7 PORTION OF (OLD) PROPERTY LINE HEREBY VACATED h (NEW) 56 -A -19A 59.6276 AC 5 12:562 p?J CREEK 9 OP C°U N r'• H 01 Z 0_7 0 nw w 0 Z 1- N N N o e w 0 0 w ryN yp,0 BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" =100 DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 P tton Harris Rust 8 Associates,pc En ineers. Surveyors. Planners. Landscape Architects 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 4 OF 6 LINE TABLE UNE BEARING LENGTH L1 N36'29'13 "E 43.67' L2 N36'29'13 "E 96.51' L3 NO3'05'48 "E 321.83' L4 503'05'48 "W 321.83' L5 508'48'39 "W 58.13' L6 502'09 "E 58.67' L7 S12'48'19 "W 41.03' L8 N40'02'47 "E 38.29' L9 557'51'21 "W 38.29' L10 564 "W 202.78' L11 N64'21 "E 202.78' L12 S8T12'44"W 64.59' L13 575 "W 48.43' L14 S26'21'28 "W 76.93' L15 N26'21'28 "E 64.93' L16 N34'37'30 "W 44.09' L17 551'37'27 "E 29.09' L18 566'08'43 "E 41.68' L19 N70'14'16 "W 15.97' L20 N66'4815 "W 200.36' L21 N61'39'S0 "W 50.57' L22 523'49'52 "E 139.53' (OLD) 56 -A -19 FREDERICK WINCHESTER o SERVICE AUTHORITY DB 564, PG 414 I ra C2�- m CjA .G10 .L11 t EASEMENT G'L :GC V10 RESERVATION *C6 (SEE NOTE 6) A re GRAPHIC SCALE 00 0 50 100 IN FEET 1 inch 100 ft. P Q ry L N' EASEMENT RESERVATION (SEE NOTE 6) N J 4 0 (NEW) 56 -A -19A 59.6276 AC T ro 'N U U gh J Q 0 J Q�m et ty NOTE: SEE CURVE TABLE ON SHEET 3 i (OLD) 56 -A -19 FREDERICK WINCHESTER SERVICE AUTHORITY DB 564, PG 414 PH G1 (NEW) PROPERTY LINES HEREBY CREATED BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust 8 Associates, pc En ineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester. Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 5 OF 6 4, 0 i 7 '1 r F y J \,03 1 ,9 C 7 �e C 9 x Ci (NEW) 56 —A -19A 59.6276 AC (OLD) 56 —A -19 FREDERICK WINCHESTER SERVICE AUTHORITY DB 564, PG 414 521'28 "W 783.00' IN FEET 1 inch 100 ft. \P., oZ� nY J w H 1 0 zw >1',.nrn�� N<.,1 FOw Oco N cecrce 0_ x to ce I— in (nm N N W u J rn r o te 56 -A -19A 145.64' 5_6 520 "W 56 -A -18A DETAIL SCALE: 1 GRAPHIC SCALE 100 (NEW) 56 —A -18A 23.4999 AC ru:r (OLD) 56—A-19 FREDERICK WINCHESTER SERVICE AUTHORITY DB 564, PG 414 0, 9 C36 EASEMENT RESERVATION (SEE NOTE 6) C37 N\ J T H OA, L O AA --G. I� O CORY M. HAYNES 9 No. 2539 skIcC (NEW) PROPERTY LINES HEREBY CREATED NOTE: SEE CURVE TABLE ON SHEET 3 AND LINE TABLE ON SHEET 5. r (NEW) 56 —A -19A 59.6276 AC 563'11'15 "E C7 C63 22.60' EASEMENT RESERVATION (SEE NOTE 6) C 7 5 P m oa C57 U C1 (OLD) 56 —A -18 FREDERICK WINCHESTER SERVICE AUTHORITY DB 564, PG 414 4 C34 145.64' L15 `L14 S20'06'45 "W a N r z ED 1 =0 30z sMu- w o_ a to M O) O rp 3Oz MN J w 0 w w rn BOUNDARY LINE ADJUSTMENT AND EASEMENT PLAT BETWEEN FREDERICK WINCHESTER SERVICE AUTHORITY AND THE CANYON, L.C. RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" =100' DATE: APRIL 27, 2006 REVISED: AUGUST 4, 2006 Patton Harris Rust 8 Associates,pc Engineers. Surveyors. Planners. Londscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 6 OF 6 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Tuesday, July 03, 2007 1:56 PM To: 'Eric Lawrence' Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez/MDP Understood. Thanks Eric. Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Eric Lawrence [mailto:elawrenc @co.frederick.va.us] Sent: Tuesday, July 03, 2007 3:51 PM To: 'Patrick R. Sowers' Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez /MDP Hi Patrick... On item #2: We presently have staffing shortages so we're stretched very, very thin... Unless we're in receipt of the MDP today, we'll not have adequate staff available to complete the review in time for the pre scheduled PC agenda mailing for Aug 1st PC... Therefore, based on your plan to get the MDP to us by July 9th, we will take the MDP to the Aug 15th PC meeting. If all goes well on the 15th, we'll take it to the Board the following week Aug 22. Therefore no time will be lost Whether the MDP gets to an Aug 1 or 15th meeting, the earliest Board meeting is Aug 22.... Obviously, this continues to be contingent upon the Board's favorable review and action on your proffer amendment... Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540- 665 -5651 540- 665 -6395 (fax) elawrenc @co.frederick.va.us http: /www.co. frederick. va. us /PlanningAndDevelopment /PlanningAndDev.htm www.co.frederick.va.us Original Message From: Patrick R. Sowers mailto:Patrick.Sowers @phra.com] Sent: Tuesday, July 03, 2007 12:50 PM To: 'Eric Lawrence' 1 Cc: 'Mike Ruddy'; 'John Bishop'; 'Ronald A. Mislowsky' Subject: RE: Haggarty Rez /MDP Thanks Eric, A few points: 1) The 80 foot R/W Dedication for the spine road will only be from the East -West Collector to the Northern Property boundary. South of the East -West collector, the spine road will be 60 feet. This is what we discussed yesterday as expanding the R/W 20 feet for the spine road south of the East West Collector Connection will push the planned lots into steeper slopes. 2) With regards to timing I will deliver a revised, notarized proffer to you today which provides the commitments we discussed yesterday. For the MDP, I will not be able to submit a completed MDP with the new revisions today. The cut -off for the 8/1 PC meeting is 7/9 is there any reason why we would not be able to make that meeting if we make the cut -off deadline? 3) I recognize that Planning staff wants to see the East -West Collector as the through movement for the project. My client is committed to constructing a T- intersection as was approved with the initial rezoning, which was also used as justification for the Eastern Road Plan. 4) I called Chip Patterson earlier today and left a message, I will get the letter from Toll Brothers as soon as possible. Thanks again for meeting with us yesterday. Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Eric Lawrence [mailto:elawrenc @co.frederick.va.us] Sent: Tuesday, July 03, 2007 11:53 AM To: Patrick R. Sowers Cc: 'Mike Ruddy'; John Bishop Subject: Haggarty Rez /MDP Hi Patrick- Based on yesterday's meeting, I would expect that today you will be forwarding to the Planning Department the latest proffer amendment and MDP for the Haggarty property. Submission of these documents today is necessary so that each may be accommodated on their respective agendas. In looking at the PC and Board meeting dates over the next few months, I would propose the following dates for your Haggarty reviews (presuming each is submitted today): July 25th Board reviews proffer amendment; if Board approves proffer amendment, then the PC could review the MDP on August 15th, and the Board on August 27th. Obviously, this tentative schedule would be modified if the PC or Board elect not for forward a plan thrcugh the approval process. Keys areas that will be addressed in staff reports (Proffer Revision and MDP reports) based on our discussion [note that once we receive the proffer and MDP additional issues may be identified]: Proffer Amendment would establish an 80' wide east -west major collector ROW, with developer constructing a 2 -lane road section. 2 Proffer Amendment would eliminate parallel north -south collector road. In its place, a 2 -lane road section would be constructed within the Rt 37 ROW. Proffer Amendment would provide an 80' wide ROW for the north -south major collector road within limits of the development, and outside of the previously proffered Rt 37 ROW MDP would illustrate the locations of proffered roads; MDP would identify interparcel connections to accommodate the approved Twin Lakes project- you will provide letter of support from the Twin Lakes developer Toll Erothers. Intersection design of the major collector roads will need to be resolved prior to road design plan approvals. This issue will be discussed in the proffer amendment and MDP reports Please advise if I missed any key discussion items from yesterday. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540- 665 -5651 540- 665 -6395 (fax) elawrenc @co.frederick.va.us http: /www.co. frederick. va. us /PlanningAndDevelopment /PlanningAndDev.htm www.co.frederick.va.us 3 EXISTING PROPOSED FUTURE Mike Ruddy From: John Bishop [Jbishop @co.frederick.va.us] Sent: Monday, June 11, 2007 10:36 AM To: 'Copp, Jerry'; 'Alexander, Scott' Cc: 'John Bishop'; 'Eric Lawrence'; 'Mike Ruddy' Subject: County Transportation Position on Carriage Park and Haggerty rezonings 6/11/2007 Jerry and Scott, Page 1 of I know you guys are working as hard as we are at refining things as we move toward Wednesday night's Board of Supervisors meeting so I thought it would be good for us all if I took a time out and gave a breakdown on where we are from a county staff perspective on transportation to this point. Though these rezonings have become so intertwined I will do my best to address them separately. We welcome your input and opinions on these issues as we work toward the meetinc night. Carriage Park As you are well aware we have had significant concern about the potential connection through Carriage Park replacing the planned connection across adams as some of the applicant representatives have argued. We continue to believe that the Adams connection is the more important of the two. That said, that potential future connection across Carriage Park and Stafford to Route 7 does have value. However, we do not feel that it is appropriate to tap into route 7 until such time as the full connection between valley mill and 7 could be completed. So, from our perspective and knowing how unwilling the Stafford's are to sell right of way for this, the best case scenario would be that the carriage park development go back to their proposal that taps into valley mill to the east. Additionally, they should set up future interparcel to the south for that potential connection to valley mill, and reserve (as they have previously proposed and depicted) area between their access road and Route 7 to allow for a future connection at that point. This gives us the flexibility we need as regards ramp location and location of the future signal and recognizes that Route 7 should not be getting signalized for driveways to individual developments but should only be accessed by collector or greater roadways. Finally, the roads they do construct should be to an urban and not a rural section as proposed. Haggerty They moved the 'spine road' within the Route 37 corridor as we asked them to do. We cant' criticize them for that. The focus of our concern is on the relocation of the east west connector \valley mill relocated to the south and how that roadway is being classified. 1. It pulls the roadway away from Eddy's Lane and is setting up a spite strip situation 2. It brings the location of that roadway to a point that from our perspective, makes a through movement to existing valley mill without stops more difficult which of course reduces capacity for this planned major collector 3. It brings the location of that roadway to a point that puts the needed structure in a much less ideal location. Staff has spent time in the area with the County Engineer who agrees on this issue. The applicant has prepared a graphic displaying what they think the impacts of our proposed location are. However, in that graphic, they have not shown the structure at our proposed location and a much more ideal location exists, as can also be verified by the county engineer. 4. As regards where the roadway goes under route 37, it crosses under route 37 at a point less ideal than before which has the potential of altering the vertical alignment of the roadway at increased cost to whomever eventually constructs Route 37 5. The east west connector roadway and the spine road outside of the 37 corridor should not be built as a rural section, but as an urban section. 6/11/2007 Thanks John Page 2 of 6. They continue to treat the east west connection as something less than a major collector road and have lots with driveways on it. We see this road as being a significant future artery and such treatment will only create future safety and capacity problems, not to mention dissatisfaction of future residents. 7. Finally, putting the East West Connector in the northern location originally agreed to would allow even more of the spine road to be built to 37 standards within the 37 ROW John A. Bishop, AICP Transportation Planner Frederick County Planning Development 107 North Kent St, Suite 202 Winchester, VA 22601 Ph: 540- 665 -5651 F: 540- 665 -6395 jbishop@co.frederick.va.us co.frederick.va.us cco_.z 4 r e1acct:c{ J ar c ^l6cic` 2, d <4 R Ee C oS Co V'Cra 1 t 7 1 Gr V ham! 2 0�. Pc- oc c_4; /LoG,l -I" CoN rC-.•n crJ QeS rs Sty i1 a -7? Cirto S o ✓art, 06d i TA. UC77 G/J A47 -.13 `I I-I -A I xi Len 1�4n �F (cAY cl 96 �C� CL,1,-.,Fltt .-ti9 ge- /Gk ok v.. e L/ ?a( b 4PPc (cA 7 -01 t Sl ww '14 771 v\AW Rt 37 ro ,pS V w• w.1 <S h cn cd k°wt b Q.en w .l"e-cQ r. Cdkt a r►^ 4 -d pan. 12 Z 4 per"`, cc: Robert C. Shickle, Barbara E. Van Osten, Gary W. Dove, Bill M. Ewing, Gene E. Fisher, Charles S. DeHaven, Jr., Philip A. Lemieux,John R. Riley, Jr., June Wilmot, Roger Thomas, H. Paige Manuel, Cordell Watt, Greg L. Unger, Robert A. Morris, John Light, Gary Oates, George Kriz, Charles Triplett, Rick Ours, Gregory Kerr, Christopher Mohn, Clay Athey, Michael Hobert, Department of Planning and Development Cno r.Oil•; I.,Ililn Vf!6fS: cn.rloll noSw: v,. r: Bee:di e. :ocbddce LAP:JPCC'F S: IMP %41 Ocic;, F 665.'2492 Patton Harris Rust Associates _;rase. Snv:. c r: !ar.d.cnec March 21, 2007 HAND DELIVERED Mr. Michael Ruddy Deputy Director of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 29601 RE: Carriage Park Rezoning Application Dear Mike: We have recently completed several modifications to the Grriage Park Rezoning application which is scheduled for a public hearing at tonight's Planning Commission meeting As your staff report was based upon the application as submitted on February 23, I would like to request that the application be tabled for 30 days to provide us the time to finalize the proffer statement and to provide planning staff the opportunity to review the revised application package. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Patton Harris Rust Associates t hf Patrick R. Sowers CO day Athey Chuck Maddox P: \PropeAPlannhg\ nixgApacan ion.; \Frrderiak Cou'ay \Camage Park \Portgrone Leiter 032107.doc E. RIDGE SINGLE FAMILY ATTACHED HOUSING CONNECTION' m 30.5230 Acres EX.; ZONING .RA BLUE RIDGE-MHp PROPOSED ZONINC' RP LANDSCAPED SCREEN CON ECTION TO EXISTING V VALLEY MILL ROAD PORTION OE EXISTING VALLEY;. ROAD TO 'BE ABANDONED OPEN SPACE AREA RESERVED' .FOR 00 FEN IIAL FUTURE ROAD AI.IGNMEN I. EXISTING' CROSSOVER gita.i CARRIAGE PARK a. a re�—'-- a.......,,,.�,e a,,, a GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY. VIRGINIA 1 OF 1 E. RIDGE SINGLE FAMILY ATTACHED HOUSING CONNECTION' m 30.5230 Acres EX.; ZONING .RA BLUE RIDGE-MHp PROPOSED ZONINC' RP LANDSCAPED SCREEN CON ECTION TO EXISTING V VALLEY MILL ROAD PORTION OE EXISTING VALLEY;. ROAD TO 'BE ABANDONED OPEN SPACE AREA RESERVED' .FOR 00 FEN IIAL FUTURE ROAD AI.IGNMEN I. EXISTING' CROSSOVER Mike Ruddy From: Patrick R. Sowers [Patrick.sowers @phra.com] Sent: Wednesday. May 30, 2007 10:25 AM To: 'Mike Ruddy' Subject: RE: Haggerty Carriage Park Thanks Mike, The changes to the Haggerty MDP were a result of both conversations I had with you anc Bernie (i.e. the Road Efficiency Buffer along Haggerty Blvd, Community Center, Communi Center trigger, etc) as well as a meeting I had with Toll regarding the interparcel connector and trail locations. I've set up a meeting with Jim Doran for tomorrow morning at 9:00 AM to discuss the tz location and why Toll felt they could accommodate a trail connection if it were moved the Western Property line adjacent to the proposed inter parcel connection as I've she it on the plan submitted on Friday. I'll provide you with a letter detailing the changes made to the plan since the Planni Commission meeting for the agenda packet. Also, I'll provide 45 copies of the revisec for the Mail -out. Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Mike Ruddy mailto :mruddy @co.frederick.va.us] Sent: Wednesday, May 30, 2007 12:03 PM To: Patrick Sowers Subject: Haggerty Carriage Park Hi Patrick: Anything new on the above projects? My staff stuff for the 6/13 B0S agenda will be dor Friday, so if there is anything new let me know as soon as you can. Also, Bernie passed on to me the MDP for Haggerty which will go to the 6/20 PC meetinc staff stuff will also be done by Friday for this agenda. It appears as though there az still outstanding issues on the MDP and of course this MDP will also be dependant on t Boards action on the 6/13. However, if you have any narrative or summary of the change made to the MDP please pass it on and I will include it in the agenda. We will need ek copies of the MDP if you want the new one going to the PC. Thanks. Mike. 1 P CORPORATE: Cha ntilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES- Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Wrlllomsport PENNSYLVANIA OERCEI Allentown WEST VIRGINIA OFFICE. Martinsburg r 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Arch Betts. May 14, 2007 HAND DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Revised Proffer Statement Dear Mike. Please find attached a revised Proffer Statement and Generalized Development Plan (GDP) both dated May 14, 2007 for the Carriage Park rezoning application. We have yet to reach a mutual agreement for off site right -of -way between my client and the adjoining property owner to the South. The revised Proffer Statement, however, still maintains a commitment to work with the adjacent Property owner to acquire this right of way and subsequently construct realigned Valley Mill Road froth Route 7 to existing Valley Mill Road prior to issuance of the 151 building permit. Should a mutual agreement between my client and the adjacent property owner not be possible, a cash contribution of $3,000.00 per unit has been proffered to give Frederick County the ability to acquire the off site right of way and construct the connection from existing Valley Mill Road to Carriage Park. Please do not hesitate to contact me should you have any questions. Sincerely, Patton Harris Rust Ass oci tes Patrick R Sowers CC Frederick County Planning Commission Barbara Van Osten, BOS Liason Denver Quinnelly, Carriage Place LLC Clay Athey Chuck Maddox Lloyd Ingram, VDOT MAY 1 4 2007 Carnage Park Proffir Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Cartiage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07 5/14/07 The undersigned hereby proffers that the use and development of the subject property "Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP Page 1 of 7 Carnage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 The first 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning "DFR The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of 526 $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of DOW kJ $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. I t bl% 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon 63? the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a t ao et building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 Carnage Park Proffer Statement 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 4-50 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "I -IOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, Cu) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the I -IOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community. Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPI-10A. The start -up funds for the CPI-IOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. Page 3 of 7 Carnage Park 10. WATER SEWER: 11. 12. Proffer Statement 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the "TIA including addendum dated February 23, 2007. 12.2, The Applicant shall construct a two lane rural undivided (R2) c ll ctor 1 ini roadway with additional turn lanes where appropriate on a mmu 6 oot r,. 0 right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to the Southern Property boundary as shown on the GDP prior to issuance of the 125 building permit. Furthermore, the Applicant shall design an improved section of Valley Mill Road from the terminus of the proposed collector road at the Southern Property line to the existing intersection of Channing Drive and existing Valley Mill Road. (See 1 on GDP) Page 4 of 7 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and /or VDOT. (See 2 on GDP) c,)&44 n e a/1 l eJ not." a c. 7 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Horne Park in the general location depicted on the GDP. (See 3 on GDP) (A) k- eini o( Ph.2 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocatedX/allaill Road as depicted on the GDP for any future transportation nnptovement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Carriage Path Proffer Statement le HISTORIC RESOURCE PROTECTION 14. 5c or. wr C✓ Lei 12.6 The Applicant shall dij g ntijL ursue agre&neht with off site property owners after rezoning. The Applicant shall file for MDP approval within 3 months of rezoning approval the f shall for Final Construction Drawing approval g approval l for th Rte Mill th collector ro tom Rte 7 to Valley Mill ll Road -.within 6 months of fmal rczo g y the Board. In the event that the right of 'ay is made available for the offsite road extension prior to the application for the first building permit in the development, the Applicant shall, prior to j7' the building permit, Bond with the County for the completion of construction of that road segment, based on costs estimated from the final drawings. Construction of the road from Route 7 to Valley Mill Road shall be complete poor to issuance of the 151st building permit 12.7 In the event Right of Way for the offsite road segment is not available at the time of the First building permit, the Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for righht of way acquisition and the construction of the- extension of the proposed collector road from -the_p ooposcd terrninus_at the Southern _P_roperty_boundary --to- existing Valley Mill Road as de icte n-the— GDP. In the event that the right of way is made available for said road extension prior to issuance of the 150 building permit, the Applicant shall construct the proposed collector road from Route 7 to connect with existing Valley Mill Road prior to issuance of the 151` building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to the Applicant. 12.8 In the event that.off site right of way is not made available prior to issuance of the 151st building permit, the contributions to the escrow account shall go to the County's general transportation fund and all future per unit A transportation contributions shall be made to the County's transportation PA fund and the Applicant shall not be responsible for construction of the offsite collector roadway South of the Property Boundary. 13.1 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. BUFFER A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP within 90 days of the offsite road right of way being provided by the property owner.. (See 6 on GDP) igyk a p rog)4J ("'M tl ge of 7 Caniage Park Proffer Statement 15. SEVERABILPIY f r 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPI -U published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. 18. ROAD ABANDON 18.1 At such time that Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic f^ L movement while eliminating the need to expand the existing one lane bridge iiihkjat at Abrams Creek. frn SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carriage Park Respectfu y submitte C By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this of 2007, by In a I My commission expires q 30 —/u Notary Public Page 7 of 7 day Proffer Statement CONN 11 BLUE OGE MHP (PROFF 12 '"9 ABRAN5 RE. 1 LL -RAND 95 Acres i ONING:y MHI D;YZONING:" RP w 4 30 5230 14?1 *Ill ZONING I(RA 1 f C PROPOSED ZONING RP r. z LANDSCAPED SCREEN PORTION OF /'EXISTING VALLEY„ TO DE ABANDONEO (ROTE -'RESERVED 'FOR ON- IMPROVEMENTS II 0 CARRIAGE PARK GENERL IZED DEVELOPMENT PLAN FREDERICK COUNTY, V/RG /N /A Patton, Harris, Rust Associates 117 E. Picodilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FM: 1540) 665 -0493 Mr. Mike Ruddy County of Frederick Department of Planning and Development 107 north Kent Street, Suite 202 Winchester, VA 22601 May 10, 2007 Dear Mike, We would like to take this opportunity to inform you that despite weeks of discussions with counsel for the developer, with you, board members, staff, and VDOT representatives, we will be unable to support the rezoning of the Carriage Park project. We would like to explain our decision, Earlier it was made clear to us, that there would be a risk on our part, because no guarantee could be made on the abandonment of Valley Mill Road through our farm. We assessed the risk and understood petitioning the county and state for the abandonment of the road could only occur after construction of the new road. We ultimately accepted this, believing this would complement the goals of the developer, the county and us. As we have proceeded with negotiations, however, it became clear to us that the developer was either unable or unwilling to guarantee prompt commencement of the project or produce a performance bond for the road work early on in the process. What we mean by guarantee is that the developer would commit to beginning construction of the road at a time promptly after the MDP was approved by the county. His position was that he could not control the time it would take the county for that approval. What he failed to mention is that the county cannot approve a plan that they do not have. He would ultimately control this timing by submitting the plan when he saw fit. In view of this possibility, we believe that everything should be tied to the date of final rezoning Recognizing the developer's unwillingness to do this and bond the work, and considering the current climate in the residential construction market, we see ourselves taking a huge risk that this could or would not happen anytime soon. With this in mind, we felt it unwise to offer the right of way through a prime piece of our farm. We think it important that you and others understand we have never even reached the point where a monetary value was discussed with the developer for the transfer of an easement, since our primary concern was not adequately addressed. Therefore, recognizing the developer's right to rezone the property, we would ask that staff, the planning commision and the board of supervisors impose the maximum allowed setbacks and buffers between our property and Carriage Park with minimum density for the development. While it is our intent to be good neighbors, we would like to suffer the least impact possible. We would further like to thank you and the many county officials and board members who met with us and helped with our decision. Thank you. Sincerely, Tim and Tootser Stafford Jun-12 -2007 01:02pm From -540 635 T004 DANIEL, POND II KIMBERLY M. ATHEY curpoRD L AThEY,JR. J. DANIEL POND IR JOHN 5, KELL Fax: (540) 667 -0370 John Riley County Administrator, County of Frederick 107 N Kent Street Winchester, Virginia 22601 POND, ATHEY, ATE[EY POND, P.C. ATTORNEYS A ['Law 35 N. ROYAL. AVENUE P.O. BOX 395 FRONT ROYAL, V1R'+tNtA 22630 Jurre 12, 2007 Dear John: Pursuant to our telephone conversation this morning, I represent Carriage Place L.L.C. with respect to the following item scheduled for Public Hearing at the June 13, 2007 meeting of the Board of Supervisors. "Rezoning #04 -07 for the Haggerty Property Proffer Revisions, Submitted by Patton Harris Rust Associates, to Revise Proffers Associated with Rezoning #14.04, which Resulted in the Rezoning of 111.56 Acres to RP (Residential Performance) District. The Proffer Revisions Propose Modifications to the Transportation Program Previously Approved by the County. The Properties are Located Adjacent and East of Eddys Lane (Route 820), Approximately Three Miles East of Winchester and 1,500 Feet South of Route 7. The Subject Site is Further Located Adjacent and South of the Opequon Wastewater Treatment Plan Property and Adjacent and West of Opequon Creek, which Forms the Boundary of Clarke County. The Properties are Identified by Property Identification Numbers (PINS) 55 -A -212 and 55- A -212A and are Located in the Red Bud Magisterial District." By this letter, I request, on behalf of my client, that the aforementioned matter be postponed and readvertized for a Public Hearing to be held on July 25, 2007 during the regularly scheduled meeting of the Frederick County Board of Supervisors. As you know, my client is making some modifications to the proposed plan in order to accommodate the County's current Eastern Road Plan as a result of Mr- Stafford's decisions not to sell the offsite right -of -way which would have permitted a modification thereto. 540 635 7004 T -622 P.002/002 F -425 PFIONE (540) G35-2I 2.9 FAX 1540) 685 -7004 L,wyen ponckabcylaw..'1 PLEASE REPLY TO: P.O. BOX 395 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Tuesday, June 12, 2007 9:42 AM To: 'Mike Ruddy' Cc: 'Eric Lawrence'; 'Clay Athey (E- mail)' Subject: RE: Carraige Park Haggerty Rezonings Mike, We will be modifying both the Haggerty and Carriage Park applications now that the Valley Mill Connector through Carriage is apparently no longer an option. I met with Phil Lemieux, Scott Alexander, and Jerry Copp yesterday in hopes of coming to some sort of consensus about how we move forward. We will also be requesting to delay the vote from tomorrow night's meeting to allow us time to submit revised proffers for both properties. I would like to discuss changes to the application with you later this afternoon if you are available. Would 4:00 work for you? Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Mike Ruddy [mailto:mruddy @co.frederick.va.us] Sent: Monday, June 11, 2007 3:15 PM To: Patrick Sowers Cc: Eric R. Lawrence Subject: Carraige Park Haggerty Rezonings Hi Patrick: In preparation for Wednesday's Board meeting, I am available to meet with you to discuss the above applications and any changes you may be inclined to make to the applications in light of the correspondence received from the Stafford's. Hopefully, my expectation would be to recognize areas of agreement and simplify the focus to issues still outstanding. Let me know if you need to get together. Thanks. Mike. 1 Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. To: Mike Ruddy Organization /Company: Frederick County Planning Address: Telephone Number: Date: May 16, 2007 From: Patrick Sowers Project Name /Subject: Haggerty Rezoning Via: Notes: 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 16 euui Internal Project File Transmittal Quantity File Date Description Transmitted Herewith 1 Copy Revised Proffers under separate cover Material Originals Photocopies Diskette Shop Drawings Mylar Ozalid Prints Invoice Sepia Purpose Your Use Your Files Approval Please Return: Corrected Prints Please Submit: Revised Prints Received by: Date: SA REGII A 1 I I i FCSA SThTiO 1;gUlAP.- SrATION co p i HAGGER7Y PROPERTY RZ 14 -04 TRANSPORTATION PLAN FREDERICK COUNTY, VIRCIN/A ''DENOTES GENERALIZED OPEN SPACE LAYOUT Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 Figure 1 r T y r SZEJ ✓SLY N 'OP ()Pc,- o vAR o J f ly fir d O (b, Q -',1∎3 a o ti ..o OnP-. R T II,o r T IfLIZEROFc o oNwr \0 S INTERIW 60NNEGYIHIY 0 f CD I UNTICF _` C\TR 1N AF p£RGNRGE J S 1, fN SENY RO t D!.di'1ll( j! 1I, I,op of m /fit H4GGERTY PROPERTY ROUTE 7 SENSENY ROAD CONNECTION CONCEPT FREDERICK COUNTY, NRCINIA Patton, Harris, Rust Associates 117 E. Picodilly SL Winchester, Virginia 22601 VOICE. (540) 667 -2139 FAX: (540) 565 -0493 FIGURE 3 RESERVE AREA FOR CONNECTION TO VALLEY MILL ROAD ADAMS PROPERTY ,E RTD 1; MBP VALLEY MILL TWIN LAKES PROPOS CENTER LOCA +$y, ii Patton Harris Rust Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 t /24 -;.f RESERVATION PARCEL HAGGERTY The Village at Opequon SCALE: 1" 500 GENERALIZED DEVELOPMENT PLAN FWSA WWTP Ea ROAD WORK REIMBURSEMENT AREA DATE: 4/10/07 y' ✓il 3 f t. N U o :FUTCJRE;RDUrE 7 SENSE LRDA➢ CM CNE 'L aO U t, k �J fill FREDERICK COUNTY, VZ9G /N /A J r HAGGERTY PROPERTY PROPOSED TR.4N$PORTATION PLAN l I l r X42 DENOTES GENERALIZED OPEN SPACE Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 -0493 FIGURE 2 i H x Ili I I I I I I I N`\ I 1 1 I -'b Gi In 4 �'5 D' p V C3 Z I I. i f I I i I I I I I II ti r�:\ y 11--x�--11 1 I v' 1 I �..II V ,C �j Ant I/ T 1 i OPEQ1ON- v Q v I y 1 e, I I a if 111\\, L 1 1 a' 1 i k 1 )1 V v\ v 1!I CI 1' /1 I I I n l 1. I [[yy I 1-- bP 1 v v 1 1 3 3 ir ip ter vv ll._, LT,I j," v l w vv r I I rr I 1 I r v 1�1 /II vV 1 IAA A\ 111 t 0 fD 1 1 1 CORPORATE: Chantilly VIRGINIA OFFICES'. Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge t ABOR ATOR IE5'. Chantilly Fredericksburg MARYLAND OFFICES'. Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYEVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg T 54.0.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 Patton Harris Rust Associates Engineers. Surveyors. Planners. Lcndscape Architects. May 14, 2007 FLAND- DELIVERED Mr. Michael Ruddy Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Carriage Park Rezoning Application Revised Proffer Statement Dear Mike: Please find attached a revised Proffer Statement and Generali7Pd Development Plan (GDP) both dated May 14, 2007 for the Carriage Park rezoning application. We have yet to reach a mutual agreement for off site right -of -way between my client and the adjoining property owner to the South. The revised Proffer Statement, however, still maintains a commitment to work with the adjacent Property owner to acquire this right of way and subsequently construct realigned Valley Mill Road from Route 7 to existing Valley Mill Road prior to issuance of the 151` building permit. Should a mutual agreement between my client and the adjacent property owner not be possible, a cash contribution of $3,000.00 per unit has been proffered to give Frederick County the ability to acquire the off site right of way and construct the connection from existing ValleyMill Road to Carriage Park Please do not hesitate to contact me should you have any questions. Sincerely, Patton Rust Ass ociates Patrick R Sowers CO Frederick County Planning Commission Barbara Van Osten, BOS Liason Denver Quinnelly, Carriage Place LLC Clay Athey Chuck Maddox Lloyd Ingram, VDOT MAY 1 4 2007 Carnage Park Proffer Statement REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. RA (Rural Areas) and MH1 (Mobile Home Community) to RP (Residential Performance) 45.44 Acres Tax Map Parcels 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168, 55- A -174A, 55- A -174B, 55- A -174D (the "Property Carriage Place, LLC Carriage Place, LLC Carriage Park January 25, 2006 2/2/06; 5/23/06; 6/28/06; 8/10/06; 9/12/06; 10/29/06; 1/25/07; 3/20/07; 3/22/07; 5/9/07; 5/11/07; 5/14/07 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced RP conditional rezoning is not granted as applied for by the applicant (`Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors (the "County decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Carriage Park" dated January 5, 2006, as revised on May 14, 2007 (the "GDP Page 1 of '7 Carriage Park Proffer Statement 1. LAND USE: 1.1 Residential development on the Property shall be limited to single family attached dwelling units. 1.2 The first 150 lots made available for building permits shall be generally as shown on the GDP. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Carriage Park Proffer Statement. 2.2 The Property shall be developed in substantial conformance with the GDP provided that minor modifications may occur during the engineering phase of the project. 2.3 Construction of the residential dwelling units shall be phased over a minimum four year period commencing with the Date of Final Rezoning ("DER"). The Applicant shall not make application for more than 75 building permits in any 12 month period. 3. FIRE RESCUE: 3.1 The Applicant shall contribute to the County of Frederick the sum of $583.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each single family attached unit. 4. SCHOOLS: 4.1 The Applicant shall contribute to the County of Frederick the sum of $12,192.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each single family attached unit. 5. PARKS RECREATION: 5.1 The Applicant shall contribute to the County of Frederick the sum of $1,712.00 per dwelling unit for parks and recreation purposes, payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARIES: 6.1 The Applicant shall contribute to the County of Frederick the sum of $285.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each single family attached unit. 7. PUBLIC SAFETY: Page 2 of 7 Carnage Park Proffer Statement 7.1 The Applicant shall contribute to the County of Frederick the sum of $513.00 per dwelling unit for public safety purposes, payable upon issuance of a building permit for each single family attached unit. 8. GENERAL GOVERNMENT: 8.2 The Applicant shall contribute to the County of Frederick the sum of $245.00 per dwelling unit for general government purposes, payable upon issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to a homeowners' association (hereinafter "HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including the use of a private refuse collection service to collect the solid waste generated by the residents, (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. 9.3 The Applicants hereby proffer to establish a start -up fund for the Carriage Park Homeowner's Association (CPHOA) that will include an initial lump sum payment of $2,500.00 by the Applicant and an additional payment of $100.00 by the homeowners at closing for each platted lot purchased within the Carriage Park community Language will be incorporated into the CPHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds to the CPHOA prior to the transfer of ownership and maintenance responsibility from the applicants to the CPHOA. The start -up funds for the CPHOA shall be made available for the purpose of maintenance of all improvements within the common open space areas, liability insurance, street light assessments, and property management and /or legal fees. Page 3 of 7 Carnage Park Proffer Statement 10. WATER SEWER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority and the Frederick- Winchester Service Authority. 11. ENVIRONMENT: 11.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 12. TRANSPORTATION: 12.1 Transportation improvements shall be designed and constructed consistent with the study entitled "A Traffic Impact Analysis of the Carriage Park Property," prepared by Patton Harris Rust Associates, dated September 8, 2006 (the "TIA including addendum dated February 23, 2007. 12.2 The Applicant shall construct a two lane rural undivided (R2) collector roadway with additional turn lanes where appropriate on a minimum 60 foot right of way from the Project entrance on Route 7, including any necessary turn lanes on Route 7, to the Southern Property boundary as shown on the GDP prior to issuance of the 125 building permit. Furthermore, the Applicant shall design an improved section of Valley Mill Road from the terminus of the proposed collector road at the Southern Property line to the existing intersection of Channing Drive and existing Valley Mill Road. (See 1 on GDP) 12.3 The Applicant shall close the existing crossover on Route 7 at Valley Mill Road within 180 days of receiving written notice from Frederick County and /or VDOT. (See 2 on GDP) 12.4 The Applicant shall construct a public street connection from the proposed relocated Valley Mill Road to the boundary of the Blue Ridge Mobile Home Park in the general location depicted on the GDP. (See 3 on GDP) 12.5 The Applicant shall reserve all portions of the Property located East of the proposed relocated Valley Mill Road as depicted on the GDP for any future transportation improvement deemed necessary by VDOT. Said reserve area shall be recorded on the Deed of Dedication to ensure that this area shall be available at no cost to Frederick County and /or VDOT should future transportation improvements necessitate the use of this portion of the Property. The identified reserve area may be included as part of the required open space for the Property. (See 4 on GDP) Page 4 of 7 Carnage Park Proffer Statement 12.6 The Applicant shall diligently pursue agreement with off site property owners after rezoning. The Applicant shall file for MDP approval within 3 months of rezoning approval by the Board and shall file for Final Construction Drawing approval for the collector road from Rte 7 to Valley Mill Road within 6 months of final rezoning by the Board. In the event that the right of way is made available for the offsite road extension prior to the application for the first building permit in the development, the Applicant shall, prior to the building permit, Bond with the County for the completion of construction of that road segment, based on costs estimated from the final drawings. Construction of the road from Route 7 to Valley Mill Road shall be complete prior to issuance of the 151st building permit. 12.7 In the event Right of Way for the offsite road segment is not available at the time of the First building permit, the Applicant shall place the amount of $3,000.00 per dwelling unit, payable upon issuance of each building permit, in an escrow account for right of way acquisition and the construction of the extension of the proposed collector road from the proposed terminus at the Southern Property boundary to existing Valley Mill Road as depicted on the GDP. In the event that the right of way is made available for said road extension prior to issuance of the 150 building permit, the Applicant shall construct the proposed collector road from Route 7 to connect with existing Valley Mill Road prior to issuance of the 151" building permit and contributions to the escrow account shall cease and all payments made to the escrow account shall be reimbursed to the Applicant. 12.8 In the event that off site right of way is not made available prior to issuance of the 151st building permit, the contributions to the escrow account shall go to the County's general transportation fund and all future per unit transportation contributions shall be made to the County's transportation fund and the Applicant shall not be responsible for construction of the offsite collector roadway South of the Property Boundary. 13. HISTORIC RESOURCE PROTECTION 13.1 A minimum 100 foot buffer of natural vegetation shall be preserved between VA Route 7 and any future residential lots located on the Property. Encroachment of construction activities in this area shall not be allowed except to construct necessary utilities and the proposed collector road. (See 5 on GDP) 13.2 The Applicant shall contribute $25,000.00 to the County for purposes associated with security fencing at historic Star Fort. 14. BUFFER 14.1 The Applicant shall install a double row of evergreen trees spaced no more than 10 feet apart that are a minimum 4 feet in height at time of planting in the location depicted on the GDP within 90 days of the offsite road right of way being provided by the property owner.. (See 6 on GDP) Page 5 of 7 Carnage Park Proffer Statement 15. SEVERABILITY 15.1 In the event any portion of these proffers are subsequently determined to be illegal or unenforceable, the remaining proffers shall continue in full force and effect. 16. BINDING EFFECT 16.1 These proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. 17. ESCALATOR CLAUSE 17.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the County within 36 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the County after 36 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index "CPLU published by the United States Department of Labor, such that at the time the contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 24 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non compounded. 18. ROAD ABANDONMENT 18.1 At such time that Valley Mill Road is relocated through the Property to provide a connection with Route 7, the County may apply for abandonment of the portion of existing Valley Mill Road between the eastern edge of the existing one lane bridge at Abrams Creek and the relocated portion of Valley Mill Road. Abandonment of this right of way will provide for a safer traffic movement while eliminating the need to expand the existing one lane bridge at Abrams Creek. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 6 of 7 Carnage Park Proffer Statement Respectfu y submitte By: Title: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument of mail 2007, by My commission expires Notary Public as acknowled:ed before me this Page 7 of 7 day 9 PU6 '''n nnifl`. 796`'.Acres i DNING:� MH7 D?ZONNQ" RP. i\-©LAND SCREEN O RELOCATED= =JP y »VALLEY MILL RD, A 30.5230 ;4cre s; %�i EX ZONING :7(p s PROPOSED ZONING RP PORTION OFf VALLEY MILL TO +HE ABANDONED m CARRIAGE PARK GENERL IZED DEVELOPMENT PLAN FREDERICK CDUN77; V/RG /MA Patton, Harris, Rust Associates 117 E. Picadilly St. Winchester, Virginia 22601 VOICE: (540) 667 -2139 FAX: (540) 665 0493 Mike Ruddy From: Patrick R. Sowers [Patrick.Sowers @phra.com] Sent: Wednesday, May 16, 2007 8:38 AM To: 'Ingram, Lloyd' Cc: 'Copp, Jerry'; 'Alexander, Scott'; 'Eric Lawrence'; 'Mike Ruddy' Subject: RE: Carriage Park Rezoning Lloyd, I'm not sure why you did not receive my e -mail after our phone conversation yesterday. As we discussed, our intent is to construct an entrance at Route 7 including a crossover and provide for signalization of the new intersection. We are certainly willing to commit to these items at tonight's meeting and will revise the Proffer Statement accordingly prior to any final vote by the Board of Supervisors. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com Original Message From: Ingram, Lloyd [mailto:Lloyd. Ingram @VDOT.Virginia.gov] Sent: Wednesday, May 16, 2007 9:12 AM To: Patrick R. Sowers Cc: Copp, Jerry; Alexander, Scott; Eric Lawrence; Mike Ruddy Subject: Carriage Park Rezoning Patrick, After our phone conversation yesterday afternoon identifying the questions the latest revision of the proffers had raised with VDOT staff I had hoped that I would have received a response by now. Currently I have several meting scheduled for today and will be away from my desk and therefore felt that an email was appropriate to relay the concerns. Due to the short time I have had to review this new document I will restrict my comments to the 2 major traffic safety concerns. 1. Between the revised proffers and the revised Generalized Development Plan it is not clear if the intention is to utilize a right -in/ right -out entrance. Previous submittals identified a cross -over on Route 7 to be built, by the developer, at the entrance site to provide a safe ingress /egress for the residents of Carriage Park. A right -in right -out entrance on Route 7 will not be supported by VDOT. 2. Previous Generalized Development plans noted a traffic signal at the Route 7 ccnnection and this dose not appear on the latest Generalized Development plan. Regards, Lloyd A. Ingram Transportation Engineer VDOT Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 1 Mr. Mike Ruddy County of Frederick Department of Planning and Development 107 north Kent Street, Suite 202 Winchester, VA 22601 May 10, 2007 Dear Mike, We would like to take this opportunity to inform you that despite weeks of discussions with counsel for the developer, with you, board members, staff, and VDOT representatives, we will be unable to support the rezoning of the Carriage Park project. We would like to explain our decision. Earlier it was made clear to us, that there would be a risk on our part, because no guarantee could be made on the abandonment of Valley Mill Road through our farm. We assessed the risk and understood petitioning the county and state for the abandonment of the road could only occur after construction of the new road. We ultimately accepted this, believing this would complement the goals of the developer, the county and us. As we have proceeded with negotiations, however, it became clear to us that the developer was either unable or unwilling to guarantee prompt commencement of the project or produce a performance bond for the road work early on in the process. What we mean by guarantee is that the developer would commit to beginning construction of the road at a time promptly after the MDP was approved by the county. His position was that he could not control the time it would take the county for that approval. What he failed to mention is that the county cannot approve a plan that they do not have. He would ultimately control this timing by submitting the plan when he saw fit. In view of this possibility, we believe that everything should be tied to the date of final rezoning. Recognizing the developer's unwillingness to do this and bond the work, and considering the current climate in the residential construction market, we see ourselves taking a huge risk that this could or would not happen anytime soon. With this in mind, we felt it unwise to offer the right of way through a prime piece of our farm. We think it important that you and others understand we have never even reached the point where a monetary value was discussed with the developer for the transfer of an easement, since our primary concern was not adequately addressed. Therefore, recognizing the developer's right to rezone the property, we would ask that staff, the planning commision and the board of supervisors impose the maximum allowed setbacks and buffers between our property and Carriage Park with minimum density for the development. While it is our intent to be good neighbors, we would like to suffer the least impact possible. We would further like to thank you and the many county officials and board members who met with us and helped with our decision. Thank you. Sincerely, Tim and Tootser Stafford cc: Robert C. Shickle, Barbara E. Van Osten, Gary W. Dove, Bill M. Ewing, Gene E. Fisher, Charles S. Del-laven, Jr., Philip A. Lemieux,John R. Riley, Jr., June Wilmot, Roger Thomas, H. Paige Manuel, Cordell Watt, Greg L. Unger, Robert A. Morris, John Light, Gary Oates, George Kriz, Charles Triplett, Rick Ours, Gregory Kerr, Christopher Mohn, Clay Athey, Michael Hobert, Department of Planning and Development f ItTDG&MHP RESERVE AREA FOR ti CONNECTION TO VALLEY MILL ROAD ADAMS PROPERTY CREATION I- IAGGERTY VALLEY TWIN LAKES P PROPOS CENTER LOCA Patton Harris Engineers. Surveyors. Rust Associates Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 E Oil ROAD WORK REIMBURSEMENT AREA GENERALIZED DEVELOPMENT PLAN The Village at Opequon SCALE: 1" 500' FWSAOPEQUON WWTP DATE: 4/10/07