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006-21 (RezoningGreystonePropertiesLLC)
ORDINANCE Action: PLANNING COMMISSION: June 2, 2021 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: Julyl4, 2021 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#02-21 GREYSTONE PROPERTIES, LLC WHEREAS, REZONING#02-21 GREYSTONE PROPERTIES,LLC.,to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance)District with proffers to develop an age restricted community,and 238.37 acres zoned R4 (Residential PIanned Community)District with proffers to the RA(Rural Areas) District with proffers, for a total of 357.64 acres. The subject properties are located east of Route 37 and Merriman's Lane (Route 621),north of Cedar Creek Grade(Route 622), south and west of the City of Winchester,in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 2, 2021 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 14, 2021; 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 confonmance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to rezone 119.27 acres of land zoned R4 (Residential Plarmed Community) District with proffers to the RP (Residential Perfonnance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4(Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres, all as shown on the proffer statement bearing signature date May 4, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14th day of July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Stegmaier Aye Judith McCain--Slaughter Aye Blaine P, Dumi Aye A COPY ATTEST Mary T. Pric Interim County Administrator Res # 006-21 41GK COL REZONING APPLICATION #02-21 Greystone Properties &White Properties pe, �� Staff Report for the Board of Supervisors Prepared: July 1,2021 1738Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP,Assistant Director- Transportation Reviewed Action Planning Commission: 06/02/21 Recommend Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 119.27 acres of land zoned R4(Residential Planned Community)District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4(Residential Planned Community)District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: The subject properties are part of the original Willow Run development which was approved in 2007 revised in 2009 and 2012. Rezoning 921-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses.The Applicant proposes to develop the 119.27 acres with an age restricted community. The site is located within the limits of the Western Jubal Early Land Use Plan(WJELUP) of the 2035 Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations which is consistent with the current zoning. Furthermore, the Plan calls for the residential areas to develop with single family detached and small lot units with a density of four units per acre. With this proposed rezoning,the 119.27 acres requested to be rezoned from the R4 District to the RP District is generally consistent with the Plan; however, the requested downzoning of the 238 acres to the RA District is inconsistent with the Plan. Staff would note that the 238 acres has the potential to develop with up to 47 by-right,five-acre, single family residential units, which does not conform with the future vision for this area. It should be noted that the monetary proffer per unit proposed for the residential units that could develop on the RA portion of the site does not adequately cover the impact on County facilities as projected in the County's CapitallmpactModel(CapIM)—See Proffer D.2. The transportation network identified in the Comprehensive Plan calls for the extension of Jubal Early Drive as an east/west through road and the construction of anew interchange at Route 37. In addition, a public major collector road is planned to facilitate traffic movement in a north-south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Alternative modes of transportation,such as pedestrian and bicycle facilities,and an interconnected system of multi-purpose trails and sidewalks are also planned. The proffers that currently apply to the site provide for the construction of these roadways and pedestrian accommodations. The current application proposes to downzone a majority of the area where the future Jubal Early Drive right-of-way is located and Rezoning 402-21 Greystone Properties & White Properties July 1, 2021 Page 2 provides for a right-of-way dedication with a 25 year expiration clause. The area where the north/south connection was located is planned to become a private gated access for the age restricted community-thereby eliminating this connection. There is also the potential,should the 238 acres be developed with rural lots, the north/south connection from Cedar Creek Grade to Jubal Early Drive would no longer be possible. The revisions to the transportation and pedestrian networks proposed with this rezoning are inconsistent with the Comprehensive Plan and the future vision for this area. Followin,-the required public hearin,-, a decision re-arding this rezoning application by the Board ofSupervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 06/02/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 119.27 acres of land zoned R4(Residential Planned Community)District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community,and 238.37 acres zoned R4(Residential Planned Community)District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject properties are located east of Route 37 and Merriman's Lane(Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-90,53-A-91, 53-A-92,53-A-92A,53-A-92B,53-3-A and 63-A- 2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential City of Winchester Residential & open space South: RA (Rural Areas) Use: Agricultural and residential RP (Residential Performance) Residential East: City of Winchester Use: Residential West: RA (Rural Areas) Use: Residential and recreational RP (Residential Performance) Residential Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 4 REVIEW EVALUATIONS: Virginia Dept.of Transportation: Please see letter from Bradley S.Riggleman,P.E.,Area Land Use Engineer dated January 15, 2021. Frederick Water: Please refer to review comment 93 date April 7, 2021 from Eric Lawrence. Approved as submitted. Please see letter from Eric R. Lawrence, A1CP, Executive Director dated April 7, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. Frederick County Department of Inspections: Site plan comments shall be provided at site plan submittal. No comments for Residential Rezoning. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: Please see email from Rod Williams, County Attorney, dated December 1, 2020. Frederick County Park & Recreation: Comment response dated 10-13-20 appears to resolve previous Parks and Recreation comments. Frederick County Public Schools: We have looked at the Greystone and White Rezoning. We note that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we offer no comments. City of Winchester: Please see email from Timothy Youmans,Planning Director, dated February 14, 2020. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2(Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General)pursuant to the County's comprehensive downzoning initiative(Zoning Amendment Petition 9011-80),which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas)District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On February 28,2007 the Board of Supervisors approved Rezoning Application 421-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 5 Community) District with proffers; the application was revised in 2009 and 2012. 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans,Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan(WJELUP)provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations;the Plan calls for single family detached and small lot units with a density of four units per acre. Comprehensive Plan-Land Use Conformance While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The current zoning of the site provides for commercial and higher density residential land uses. The 238 acres has the potential to develop with up to 47 by-right single-family residential units,which does not conform with the future vision for this area. It should be noted that the Applicant has proffered to prohibit the use of the Transfer of Development Rights(TDR)Program for the RA portion of the site. Transportation The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37 (The Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37 to allow for the construction of this new interchange). The extension of Jubal Early Drive through this site is envisioned to be an urban four-lane divided highway with landscaped medians and pedestrian accommodations such as sidewalks and bicycle facilities. In addition, a major collector road is planned to facilitate traffic movement in a north-south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Alternative modes of transportation, such as pedestrian and bicycle facilities, and an interconnected system of multi-purpose trails and sidewalks are planned for Jubal Early Drive and the roadway providing the north-south connection. 3) Transportation The 2035 Comprehensive Plan and the WJELUP call for the extension of Jubal Early Drive as a Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 6 major collector roadway to Route 37 with an interchange with Route 37. In addition,the plans call for a north/south major collector roadway through the site to connect Jubal Early Drive and Cedar Creek Grade. The plans also call for the availability of bicycle and pedestrian facilities. While the existing proffers associated with the 2012 rezoning provide these roadways, the current proposal does not. The current proposal only provides for the right-of-way for Jubal Early Drive for a limited time period(with construction by others)and converts the north/south connection to a private roadway associated with the gated community. 4) Environmental The FEMA National Flood Insurance Program (NFIP) map identifies floodplain areas associated with Abrams Creek on the site. Wetland areas associated with Abrams Creek area also identified on the site as demonstrated on the National Wetlands Inventory (NWI). Karst features are known to exist on the property. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits of such lots. 5) Proffers The proffers associated with this rezoning application are as follows, Staff has identified concerns with the proffers that are shown in bold italic: Proffer Statement—Dated October 16, 2019 with revision date March 25, 2021: A) Land Use 1. The Owners of the 11927± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age-restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR)will be prohibited for this acreage. B) Transportation L The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age-restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c)of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age-restricted community per Section 144-24C(2)(b)of the County Code. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 7 Staff Note: The Comprehensive Plan calls for a public major collector roadway connection between the Jubal Early Drive extension and Cedar Creek grade. The proffers that currently apply to the site provide for the construction of this connection. The current application proposes to develop an age restricted community with a gated access—thereby eliminating this connection. Staff also notes the need for a public bicycle and pedestrian connection between Cedar Creek grade and future Jubal Early Drive. This concern also applies to proffer B2. Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there would no longer be a feasible location for the construction of the north/south connection from Cedar Creek Grade to Jubal Early Drive. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age-restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The gated access entrance shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right-turn/taper lane with an approximate 150' storage length and a 50'taper length; a separated eastbound left- turn/taper lane with an approximate 200' storage length and a 200'taper length;and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age-restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25,2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of-way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age-restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age-restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age-restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 8 proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27±acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties&White Family Properties Rezoning Proposed Zoning&ROW Map Exhibit dated March 25,2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners proffer to provide for the 102-foot right-of-way dedication as partof the Subdivision Plat for the age-restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. Staff Note: The current proffers that are applicable to the properties in this rezoning allow for the construction of the Jubal Early Drive extension and interchange with Route 37. 7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age-restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to tum around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250th Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval.The 102-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 9 funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension proj ect between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. Staff Note: The right-of-way reservation for Jubal Early Drive and the Merriman Lane realignment that are identified in this proffer and proffer B9 should not have a sunset due to the significant difficulty in securing funding for large transportation projects. Staff Note:Should the 238 acres be developed with rural lots, there is the potential that there would no longer be a feasible location for the construction of the north/south connection from Cedar Creek Grade to Jubal Early Drive. 9. The Owners of Tax Parcel 53-A-92A proposed for RA,Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties&White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. C) Sanitary Sewer Conveyance L The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age- restricted dwelling units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age-restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 10 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on-site sewer pump station and the existing off-site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on-site sewer pump station and the future expansion of the on-site sewer pump station by others. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on-site sewer pump station. D) Monetary Contributions 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age-restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of$9,078.00 for each traditional five-acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. Staff Note: The County's CapitallmpactModel(CapIM)shows an impactperRA residential unit of$22,403; the proffer associated with this rezoning does not adequately address the projected impact on County facilities. E) Environmental L The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 11927± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing,pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 11 is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/02/21 MEETING: Candice E.Perkins,Assistant Director,reported this is a proposal to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community,and 238.37 acres zoned R4 District with proffers to the RA(Rural Areas)District with proffers,for a total of 357.64 acres. She continued,the properties are located east of Route 37 and Merriman's Lane(Route 621),north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District. Ms. Perkins noted, the subject properties are part of the original Willow Run development which was approved in 2001 (revised in 2009 and 2021); Rezoning #21-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses. Ms. Perkins explained,the site is located within the limits of the Western Jubal Early Land Use Plan(WJELUP)of the 2035 Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations which is consistent with the current zoning. She noted, the Plan calls for the residential areas to develop with single family detached and small lot units with a density of four units per acre. Ms. Perkins reported, the transportation network identified in the Comprehensive Plan calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37. She continued,apublic major collector road is planned to facilitate traffic movement in a north-south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade; alternative modes of transportation,such as pedestrian and bicycle facilities,an interconnected system of multi-purpose trails and sidewalks are planned. She shared, with this proposed rezoning: • 119.27 acres requested to be rezoned from the R4 District to the RP District: o Maximum of 300 age-restricted dwelling units on their properties which shall be limited to single-family small lot units. o Request to utilize a complete network of private streets with a gated access on to Cedar Creek Grade (BOS waiver required). o Monetary proffer of $308/unit consistent with the Capital Impact Model o Residential uses in this area are supported by the Comprehensive Plan. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 12 • 238 acres requested to be rezoned from the R4 District to the RA District: o Current zoning of this area for residential and commercial uses — consistent with the Comprehensive Plan; rezoning the site to the RA District would be inconsistent with the Plan. o RA Zoning could allow for up to 47 by-right single-family dwellings. o Applicant has proffered $9,078/unit—Capital Impact Model identifies an impact of$22,043/unit on county facilities. o Potential RA lots could impact the ability to construct Jubal Early Drive and the planned north south connector. John A. Bishop, Assistant Director Transportation, reported the current proffers provide: • Construction of the comprehensive planned extension of Jubal Early Drive with Merrimans lane realignment • Construction of a new interchange with Route 37 • Public north/south connector roadway from future Jubal Early Drive extension to Cedar Creek Grade • Bicycle and pedestrian amenities throughout the development Mr. Bishop noted, the proposed proffers reduce the commitments currently approved: • Access entirely from Cedar Creek Grade • Proffered right-of-way only for 25 years for future Jubal Early Drive and Merrimans Lane realignment on the proposed RA parcel • Proffered right-of-way for Jubal Early Drive across the parcels proposed for RP zoning. • Creates a private connection not Cedar Creek Grade in the location of the former public north/south connection from future Jubal Early Drive to Cedar Creek Grade • Do not provide a public system of bicycle and pedestrian accommodations. Mr. Bishop shared a map of the proposed zoning and the right-of-way as mentioned. Commissioner Thomas commented,the current rezoning is based on having approximately 1,400 residences,and that would mean one or two schools needing to be built to accommodate this; now going to 300 age restricted houses and 47 RA lots, we are looking at a significant reduction in traffic and students. Commissioner Thomas also questioned how detrimental would not having the Jubal Early Drive extension and the Merrimans Lane extension, since there would be a significant reduction in traffic. Mr. Bishop explained, to properly answer we would need to run it through the regional model; regarding Jubal Early Drive itself,there is the right-of-way for 25 years. He continued,it is a regional in nature improvement,so whether this development was happening at all we would still be calling for that improvement and it was on the Comprehensive Plan prior to the Willow Run rezoning. Commissioner Thomas stated that we need to keep the rights-of-way and the ability to build the roads through there; losing the right-of-way for Jubal Early Drive is a big concern. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 13 Chairman Kenney inquired about the cost of the Merrimans Lane and Route 37 overpass at the Rock Harbor Golf course entry and noted that was quite a concerted effort;Mr.Bishop agreed and stated that there is an open permit on that project. He continued,there was an approved design and Jubal Early Drive itself was virtually an approved design except for a small segment. Revenue sharing applications had been approved with state funds,however,unfortunately when it was time to move forward with the project, the owners involved were not able to come together. Chairman Kenney asked if there were agreements with water and sewer in the past and access across Merrimans Lane. Mr.Bishop stated that work was done and noted that the Applicant would be able to provide additional details. Mr. Evan Wyatt of Greenway Engineering Inc. came forward on behalf of the Applicant. Mr. Wyatt stated that with the 2007 rezoning everything discussed was a proffered item;a proffered development plan; a proffered generalized development plan; and proffered community design modifications. He continued, that is an important thing to recognize, once a project is rezoned in order to develop the project moving forward, the construction plans that come forward for approval have to substantially conform to the GDP,to the Community design modifications and so forth. Mr. Wyatt explained that this project went through entitlement when the housing market was at a high point,then sat for many years during the recession. During that time,VDOT,and the developers tried very hard to preserve the Jubal Early Drive construction project. Since then,the revenue sharing funds have been deallocated so there is no financial method to build the road. He continued,it is also important to note,the piece that was originally owned by Miller and Smith is now owned by the White Family Properties; and the property is currently used for agriculture use and open space. He noted,they are not developers,nor do they wish to be. Regarding the transportation network, Mr. Wyatt noted that there was a lot of time spent with VDOT and Transportation on a solution that was acceptable for Cedar Creek Grade and all of that is proffered. Regarding the requested RA zoning,Mr.Wyatt noted that typically when we look at a rezoning from a project that was previously rezoned,we look at a comparative analysis,resulting in significant reduction of impacts. He noted,if the County does rezone this back to RA where is the risk to the County;the Applicant made sure it was proffered prohibiting the use of TDRs for the 238 acres. Regarding the reservation of the ROW, the Applicant felt it would be appropriate and fair to the County, if the property goes back to agricultural use there is an opportunity for the ROW to become dedicated to the County at no cost and they felt a 20-year window was sufficient and fair; Staff requested it be increased a bit and the property owners agreed to 25 years. Commissioner Marston asked how close the Cedar Creek Grade intersection will be to the Harvest Ridge entrance. Mr. Wyatt commented,VDOT has requested longer turn lanes and tapered lanes;the primary concern with the entrance coming onto Cedar Creek Grade is the side streets warrants would not meet what is required for a traffic light. He continued, the Applicant, VDOT, and the City of Winchester have worked to create an area where traffic can turn out of their project to a lane that is protected then ultimately merge into the thru lane towards Valley Avenue. Commissioner Thomas asked if the left turn lane has a raised median and if it will be on both sides of the car. Mr.Wyatt responded it will be parallel with the east bound traffic into the City of Winchester. Commissioner Thomas commented so westbound traffic will be turning in the lane. Mr. Wyatt stated no because there will be striping and extended median. Commissioner Thomas asked if there is a chance to extend the ROW for Jubal Early Drive to 30 or 35 years. Mr.Wyatt commented,a discussion was had with the White Family, and they reluctantly agreed to the 25 years. Rezoning 902-21 Greystone Properties & White Properties July 1, 2021 Page 14 Chairman Kenney commented, this is going to be a gated community which requires a Board of Supervisors waiver;what happens if years down the road with the ROW in place and the White Family property is sold or developed and the gated community would be opened up. Mr.Wyatt explained,the only opportunity for something different to happen is for another development group to come in and negotiate and purchase the property;that is possibly where the Comprehensive Plan may be revisited. Chairman Kenney asked where the access would be to the 238 acres. Mr.Wyatt noted access is along Merrimans Lane and the developer would be responsible the building the streets and entrance. Chairman Kenney asked is water and sewer was part of the original rezoning across Merrimans Lane. Mr. Wyatt commented a lot of work was done with Frederick Water at the time and an agreement was met on tap fees. Mr. David Williamson of the Gainesboro District came forward. Mr. Williamson stated he was an adjoining property owner and is in favor of the rezoning and is also interested in his property at 277 Orchard Lane being rezoned to the RA District. A motion was made, seconded, and passed to recommend approval of REZ 902-21 Greystone Properties, LLC & White Family Properties. Yes: Triplett, Thomas,Marston, Jewell, Kozel, Cline, Molden, Morrison, Dawson No: Oates, Kenney Abstain: Mohn, Manuel Followinz the required public hearing, a decision retarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZ # 02 - 21 : Greystone Properties and White Properties PINs: 53 - A - 90, 53 - A - 91, 53 - A - 92, 53 - A - 92A, 53 - A - 92B, 53 - 3 - A, 63 - A - 2A Rezoning from R4 to RP and RA Zoning Map 00 fi o REZ#02-21 j U 9�O '0101V ARMISTEAD ° Q REZ 402-2 REZ#02-21 o V Winchester o _ �. a ,o fl3 HANDLEY . �• y, ;,.-. AVE �`'oa_ s, (RC1 i ' REZ#02-27 9y9yoP / �Z C.C7AiC1n1 I W ✓Ge� °^ V� v+ z REZ#02-21 ®Afl0Q .. ,Zac � `tV J ! • ••' / a�maearoe REZ#02-21 0 BFF ROSCOMMON y?�HyR U N� bj/gy r' w AP o Subdivision i o 0 rr a •" �N e YIOR q ° GRACE Ci OG r . .• ,. HILL/I�AN �° • 'C7 � .. DR r oun d V i RHill Round Hill r# GXI o� 'BUCKNER DR oGb<P FFpE"so y •., W �Qj. ` Q �P $ Wsl 1 AN0,6Yq VE s + Winchester r r - WEE CEDgR GREEKGR r; MS ON .____ l.71. ,• ° iE TAFTAV !rE Application 37 °� cQ� rerssr,v >7" c;- - Parcels Sewer and Water Service Area N r R4(Residential Planned Community District) 1 RP(Residential Performance District) \ N ___ E 1 S. r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 650 1.300 2,600 Feet Map Created:May 11,2021 REZ # 02 - 21 : Greystone Properties and White Properties PINs: 53 - A - 90, 53 - A - 91, 53 - A - 92, 53 - A - 92A, 53 - A - 92B, 53 - 3 - A, 63 - A - 2A Rezoning from R4 to RP and RA Location Map • P�5` 00 GO REZ#02-21 ��tipj � Z , � fi o REZ#02-21 •� �cF `�` ��� �°F "3 ar 0 o R � ��� Q ARMISTEAD ST D m � REZ#02-21 _ REZ#02-21 Winchester REZ#02-21 RE 0Z#02-21 9�9y60 , ; / £AZ �✓ a 0115*1 .S z REZ#02-21 ®Affil J O ,� a�maearoe 37 �? � 2c s D ROSCOMMON Subdivision io oRo '. ,,.. O rr a • • LN iA• YIOR �I GRACE Ci OG REZ#02-21 HILLMAN ���� D R y Round Hill Round Hill - o� 'BUCKNER OR `? tt a GQ•"` .• °= 3 GS�PG� ✓FFFFRS • ��QP� [,�Q� �.QC 3 NANOLEYAVE GW FT • :. 1 0EATIE10 _ e`er Winchester :w,; � o ' WEE MS LN .• = o iER GEGAR CREEKGR lQW TAFTAVE ,�• y- j�•�.� ? `,r y 37 Y C,.. `� TEVIs sT, / Application N r Parcels 1 Sewer and Water Service Area \ N E 1 S. / r "'; Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 650 1.300 2,600 Feet Map Created:May 11,2021 REZ # 02 - 21 : Greystone Properties and White Properties PINs: 53 - A - 90, 53 - A - 91, 53 - A - 92, 53 - A - 92A, 53 - A - 92B, 53 - 3 - A, 63 - A - 2A Rezoning from R4 to RP and RA Long Range Land Use Map lamII` P�S� AOo REpw� Z#02-21 ��tipj� o REZ#02-2Sam Yco 1 2�Q yo � ll;9 ®A ARMISTEAD ST 0 REZ 11:02-21 REZ#02-21 e V Winchester �y .• �' . •r S�ai � oe r -0 p �. •• � � 0 'A 04Ji�C1n1/0��2�,-/2�+1, f 9 / Z `. r � .� 9y°P� •; r n. y v ✓Gel! `^ Q 0� /�3 F9elr V�O v+ A ! REZ#02-21 �® "°`� N E Saw ac ' • O> ;2 -�. a�maearoe REZ#02-21 �. o 37 ROSCOMMON ; °R°H c eFFyYVF Subdivision""' o o ° r POOcl iAYIoR •r q • GRACE Ci OG REZ#02-21 HILL/yIAN �c�N �c ,• C7 f11 DR •, U D, _ Round Hill Round Hill ' r r •• o� 'BUCKNER OR PERSON -� •. Q GLOP p, P 3 3 NANoIEVAV,, Sr Q e . wff IEw_ !� pie Winchester Application Parcels Sewer and Water Service Area G WEEMs LN .I T-Y� _ CRESIVIfty W Long Range Land Use .• ER CEDAR GREEK GR Opo/fJQ TAFTAVE `0 y Tf W Residential �� `- ' 37 A� rE 0 vissr, Business 0 Extractive Mining N 0 Commercial Rec 1r 0 Sensitive Natural Areas \ N _-- E 1 S. r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 650 1.300 2,600 Feet Map Created:May 11,2021 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE-RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here-in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC;Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC;Willow Grove.V LC; Willow Springs Estate LLC (here-in after"Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age-Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties &White Family File#3800G/EAW 1 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these p1roffeIrs shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32;Tax Map Parcel 53-A-90 owned by 740,LLC and recorded as Deed Book 918 Page 1139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate,LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to develop a maximum of 300 age-restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37±acres proposed for RA,Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to develop the age-restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age-restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to develop the age-restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The gated access entrance File#3800G/EAW 2 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27±acre project area, exclusive of model homes. 3. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turnItaper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age-restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27±acre project area, exclusive of model homes. 4. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age-restricted community. 5. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age-restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age-restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27±acre project area, exclusive of model homes. 6. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median,curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File#3800G/EAW 3 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age-restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to reserve an area within the open space of the age-restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age-restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250th Certificate of Occupancy Permit within the 119.27±acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA,Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four-lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties &White Family Properties Rezoning Proposed Zoning &ROW Map Exhibit dated March 25,2021. Additionally,the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area File#3800G/EAW 4 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. C) Sanitary Sewer Conveyance I. The Owners of the 1 19.27±acres proposed for RP,Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age- restricted dwelling units. 2. The Owners of the 1 19.27±acres proposed for RP,Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age-restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27±acres proposed for RP,Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on-site sewer pump station and the existing off-site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 1 19.27±acres proposed for RP,Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on- site sewer pump station and the future expansion of the on-site sewer pump station by others. 5. The Owners of the 1 19.27±acres proposed for RP,Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on- site sewer pump station. File#380OG/EAW 5 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A D) Monetary Contributions 1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age-restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of$9,078.00 for each traditional five-acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental 1. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to provide a resource protection area("RPA")buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Juba]Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 119.27±acres proposed for RP,Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File#3800G/EAW 6 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Prfli-c rev ornn n Da Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this.//day of &I A 20,2t-by NiCFARLAND ORNDORFF NOTARY PUBLIC REG.#7901519 ANN_ M NWEALTH OF VIRGINIA Notary Public 4- 4"My Commission Expiress File#3800G/EAW 7 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned In addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 41 By: Z4te Commonwealth of Virginia, City/County of &Qinc-he--,.,4r/ To Wit: The foregoing instrument was acknowledged before me this day of 20 2-1 by K ' � � L 1 My Commission Expires LC21i O- I Roberta Deane Hardy Notary.Public Commonwealth of Virginia Reg.#727149 My Commission Expires ' �Z r File# x—-- File#3800G/EAW 8 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: --.- ( Date Commonwealth of Virginia, City/County of K1, i v- To Wit: The foregoing instrument was acknowledged before me this a`'-)--" day of Af1r:11^0 202i by My Commission Expires Roberta Deane Hardy NotaryPublic Commonwealth of Virginia Reg,#7271490 , My Commission ExPires File4t 3800G/EAW Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: - � / Willow Grov bate Commonwealth of Virginia, City/County of W( nch L-s+c./- To Wit: The foregoing instrument was acknowledged before me this-9&' day of 20'7-f by My Commission Expires Roberta Deane He* Notary PubN,c Commonweal of Virginia Reg.*7271490 My Commission Expires File#3800G/EAW 10 Greenway Engineering March 25,2021 Tax Parcels 53-A-90 thru 92B 53-A-A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Plow0172rinkgs "sa e.*- Date Commonwealth of Virginia, City/County of- WI To Wit: ft - The foregoing instrument was acknowledged before me this -96 day of 20 7' 1 by Notary Public My Commission Expires a44lj File#3800G/EAW 11 VINISHIA'A1Nnoo NowiciEmj AVMN33b9 13MISM O:JOSSANIV`J zss lscs):eevaaiay 3 PIA M "L1 1181HX� S1N�W3/�02�dW1 3ab2�J�I3�2��2�b'a�� w zmzQa a o Q w o J m o w o U J <W Z w < mLLom� aw m Z wwpQvwiu< ¢� w¢ 'o �wcn¢wC7OF- z a LL w O w o 0 0 \ a Q O O <z w a ¢ g¢ �z � �HOUp�tnm w w _ A\ � ziz¢azwz m LU ¢ Z o¢ LUm¢zWZZow� Qzow o¢ x4 wLUQLZ mOQw Quip O U of ti I r q I �\ z laad OS8=4a-1 l 3lvos 'JNIN33NI�JN3 woo-eugAemuaa��mnnm 3W A9 O3NDIS30 `J008E:01103f OLld IZOZ-SZ-EO:31V0 Sezbzu01793 AVMN33HD dVAMOb'8ONINOZO3SOdObd VlNloaln'AlNnoo)IOIa3a3ad 58Lb'Z99'ObS'l e101HiSI(ll HAISIJVW OH09S3NIV9 Z09ZZ VA'JD)s PIM JNINOZ' 3b S3 it:GdObd A�IWVd 311HM a nlHAPuiMISI dVW MOH'8 ONINOZ 43SOdOHd •�ul'SuuaauISu3AeMUOWD 8 S311b3dObd 3NOlSA3bJ ONINOZAH SIUHAdOHd 31IHM/3NO1SA3aJ Q w � a o 0 �—l�nova O Q 6, Z VAC = O a 0 011 �5�/�`J:111 ��C i m �Q x �cM nvE 0 O /MEPoo 01 v P o / y p y�A3>3ry0 �+ O,,,e 04 ��G SSC O ----------------- a I W cm Q N N I I a 0 N cQm � wLL ��— a � o dLL l ` VIS.... LL IL N / �y6ly O�G,�p Q d a4a0821VH H0021 y�� N r. M S�E1?1 NZC.LN M C-4, QPM o o_ � O U cb Q N — G� N ❑ 7 0 aT+ U Em _ O) 5 J Q o ❑ p m LL a > o U U N a ❑" ✓_ Ul E — O U D = 41 rs �d e U L C o O m =o 7 ¢ m Do N E Y K K v O v 3 0 RESOLUTION me Action: PLANNING COMMISSION: September 5, 2012 - Recommended Approval BOARD OF SUPERVISORS: November 14, 2012 [K) APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-12 PROFFER REVISION OF WILLOW RUN WHEREAS,Rezoning#06-12 Proffer Revision of Willow Run,submitted by Greenway Engineering, to revise the proffers associated with Rezoning#21-06 relating to the"Transportation Enhancements"and "Commercial Land Use" sections of the proffers, was considered. The proffer revision, originally dated September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and,Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37. The properties are located east of Route 37 and Merriman's Lane(Route 621),north of Cedar Creek Grade(Route 622),and south and west of the City of Winchester corporate limits, in the 6ainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 5')-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. WHEREAS,the Planning Commission considered this rezoning on September 5,2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors considered this rezoning on September 26, 2012,tabled the matter and considered the revised application on November 14, 2012; and WHEREAS,the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning#21-06 relating to the"Transportation Enhancements"and"Commercial Land Use"sections of the proffers. The proffer revision is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center;and,Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes.432-12 -_j This ordinance shall be in effect on the date of adoption. Passed this 14th day of November, 2012 by the following recorded vote: Richard C. Shickle, Chairman Ave Gary A. Lofton Ross P. Spicer Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST John Rj,/'): J> - Frde ty Administrator VIRGINLk FR _EDERTCKC0tjtjy.SCT. This instrument of writing was produced to me 0!1 '4 at d with Certificate acknov;)edEj,-rient thereto annexed wlas,u- dmitted to record.Tax imposed by Sec.58.1-802 of P— ILL,and 58.1-801 have been paid-if asscssabI PDRes.432-12 Greenway Engineering September 1,2005;Revised November 4,2005 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26.2006 r11 Revised October 24,2006;Revised November 18,2006 1 1301 1,3010 Revised December 11>2006:Revised January 4,2007 2 " Revised February 12,2007:Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 W I L 11,00 WRR U N TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# C-*C- _/-2- Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to Residential Planned Community (R4) District with Revised Proffers (357.68± acres) PROPERTY: 357.68±-acres (here-in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-9I.; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties,LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005;November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008; January 14, 2009; June 15, 2012; October 4, 2012 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application �65 -/ for the rezoning of 357.68± acres from the Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to the Residential Planned Community (R4) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and File#3800WG/2012 Conditional Zoning AmendmentfEAW CD Greenway Engineering September 1,2005;Revised November 4,2005 2 W Revised November 30,2005;Revised May 18,2006 Revised June 27.2006: Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December 11,2006:Revised January 4.2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove. V LC, 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove.V LC and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument#040017302 (collectively, the"Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age- restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age-restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File#3800WG/2012 Conditional Zoning Amendnient/EAW CJ Greenway Engineering September 1,2005;Revised November 4,2005 3 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006: Revised September 26,2006 co Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units— % of Units Single-Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single-Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak-Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age-Restricted 5% 20% Single-Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age-restricted dwelling units within Willow Run, the total number of which shall fall within a 5%© minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age-restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age-restricted, and any Property Owners Association (POA) or sub-associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age-restricted covenant. File#3800WG/2012 Conditional Zoning Amendinent/EAW CD Greenway Engineering September 1,2005;Revised November 4,2005 4 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age-restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age-restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age-restricted community center building for the benefit of the residents of the age-restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to provide a maximum of five acres of land to Frederick County within the southwest quadrant of the commercial center located at the intersection of Jubal Early Drive and Sandy Ridge Boulevard to allow for the development of an aquatic File#3800WG/2012 Conditional Zoning Amendment/EAW CD Greenway Engineering September 1,2005;Revised November 4,2005 5 Cr) Revised November 30,2005;Revised May 18,2006 C.71 Revised June 27,2006; Revised September 26,2006 CD Revised October 24,2006;Revised November l8,2006 Revised December I I,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14.2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012-Revised October 4,2012 center by others. This land area shall be available to the County for a period of five years from the date of the final non-appealable 2012 conditional zoning amendment approval and shall be limited to the development of an aquatic center by others. The Applicants shall prepare and provide the County with the deed for this land area and for a temporary ingress/egress if the County chooses to develop this land area in advance of the construction of the approved road system. The Applicant shall provide the deed to the County, provided that the County has approved a Site Plan for the new aquatic center within the time period stipulated above. The land associated with this aquatic center proffer shall promptly be conveyed back to the Applicants by the County if the County has not awarded a construction contract for a new aquatic center on the site within two years following the recording of a deed to this land area. If the County accepts the land and develops the site, the Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at the date of the deed; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). If the County does not exercise its option for the land for the aquatic center within the time specified in this section, the proffer shall become null and void as a final matter, and the Applicants shall provide the recreational amenities specified in Section F(l) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub-association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard File#380OM7G/2012 Conditional Zoning Amendment/EAW Cil Greenway Engineering September 1,2005;Revised November 4,2005 6 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4.2012 (Main StreP0 and those street systems. This standard sha11 not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 6001h dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 6001h building permit, but no later than the issuance of the 1,0001h building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: > Gasoline Service Stations and Outdoor Gasoline Pumps > Exterior Boarding Kennels A Electric, Gas & Other Utility Transmission and Distribution Facilities T Automotive Dealers & Automotive Repair > Golf Driving Ranges &Miniature Golf Courses A Electrical Supplies (Wholesale) > Hardware, Plumbing &Heating Equipment (Wholesale) > Commercial Outdoor Batting Cages ➢ Adult Retail A All land uses within the B3, Industrial Transition District and Ml, Light Industrial District that are not otherwise permitted in the B2, Business General District. A NO individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 File#3800WG12012 Conditional Zoning Amen dment/EAW Greenway Engineering September 1,2005;Revised November 4,2005 7 CD Revised November 30,2005;Revised May 18,2006 W Revised June 27,2006; Revised September 26,2006 U-1 Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012:Revised October 4,2012 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1 The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four-lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200d' building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2)—D(4). 2. The Applicants hereby proffer to fully fund and construct the four-lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 3001h residential building permit and banded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four-lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base File#3800WG/2012 Conditional Zoning AmendmcnUEAW C� Greenway Bngineering September 1,2005;Revised November 4,2005 8 C1� Revised November 30.2005;Revised May 18.2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 pavement prior to issuance of 450'b residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four-lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 6001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 600th building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. File 43800WG12012 Conditional Zoning AmendmenUEAW CD Greenway Engineering September 1,2005;Revised November 4,2005 9 W Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26.2006 Revised October 24.2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 8. The Applicants hereby proffer to execute a signalization agreement with VDOT or the City of Winchester to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 200th residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants here-by proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 2001h residential building permit, exclusive of model homes. File 03800WG/2012 Conditional Zoning Amendment/EAW Q Greenway Engineering September 1.2005;Revised November 4,2005 10 W Revised November 30,2005;Revised May 18,2006 U1 Revised June 27,2006; Revised September 26,2006 (n Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 14. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 15. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub- associations for Willow Run. E,} Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non-age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non-age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non-age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age- restricted dwelling unit in the amount of$2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to File#3800wG12012 Conditional Zoning Amendment/EAW Greenway Engineering September 1,2005;Revised November 4,2005 11 CD Revised November 30,2005;Revised May 18,2006 C.0 Revised June 27,2006; Revised September 26,2006 U1 Revised October 24,2006;Revised November 18,2006 01 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012:Revised October 4,2012 Frederick County at the time of building permit issuance for each age- restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(l) above, the Applicants hereby proffer to contribute a total of$50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000-00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub-associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off-ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non-age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system, This payment shall be provided at the time of building permit issuance for each non-age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non-appealable proffered Master Development Plan, which was approved on February 28, 2007. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non-compounded. File#3800WG/2012 Conditional Zonin2 Amendmen-YEAW C-D Greenway Engineering September 1,2005;Revised November 4,2005 12 CIO Revised November 30,2005,Revised May 18,2006 C—P, Revised June 27,2006- Revised September 26,2006 __J Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 4001h building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600d' building permit. The maintenance of the community center building shall be the responsibility of the POA or sub-associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600th residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age-restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age-restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age-restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 601h age-restricted dwelling unit. The maintenance of the age-restricted community center building shall be the responsibility of the POA or sub-associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining File#3800WG/2012 Conditional Zoning AmendmenVEAW Greenway Engineering September 1,2005;Revised November 4,2005 13 Revised November 30,2005;Revised May 18,2006 C) Revised June 27,2006; Revised September 26,2006 W Revised October 24,2006;Revised November 18,2006 C_n Revised December 11,2006;Revised January 4,2007 co Revised February 12,2007:Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15.20]2;Revised October 4,2012 sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub-associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub-associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub- association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association JPQAJ 1. A POA or sub-associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub-associations shall have title to and/or responsibility for: File#3800WG/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1,2005;Revised November 4,2005 14 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24.2006-Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15.2012;Revised October 4.2012 a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(l) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub-associations, provisions creating an Architectural Review Board ("AR-B"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub-associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub-association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. 1.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File#3900WG/2012 Conditional Zoning Ainendrnent/FAW Greenway Engineering September 1,2005-Revised November 4,2005 15 c::) Revised November 30,2005:Revised May 18,2006 Revised June 27,2006: Revised September 26.2006 Revised October 24,2006;Revised November 18,2006 CD Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,20W Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 2. The Applicants licants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the, DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Juba] Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub-association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices ("BMP") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File#3800WG/2012 Conditional Zoning Amendment/FAW CD Greenway Engineering September I,2005:Revised November 4,2005 16 Revised November 30,2005:Revised May 18.2006 Revised June 27,2006: Revised September 26,2006 Revised October 24.2006:Revised November 18.2(X)6 Revised December 11,2006:Revised January 4.2007 Revised February 12.2007:Revised October 14.2008 November 17.2008:Revised January 14,2009:June I5.2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors garants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered foregoing conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: Date Commonwealth of Virginia, City/Ge,. td 11iYe- ,f F 5 7-E< of To Wit: The foregoing instrument was acknowledged before me this day of C� 20 bvm, W14IT-E- C John T. Conrad NOTARY PUBLIC 0 Commonwealth of Virginia Reg. #7!63184 My Commission Expires September 30, 2016 My Commission Expires File#39(IOWG/2012 Conditional Zoning Amendmeni/EAW Green-ay Engineetria-e September 1,2005.Revised November 4,20055 17 CD Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December H,2006;Revised January 4,2007 Revised February 12,2047;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: YA74O* Date Commonwealth of Virginia, (City/-ount-yof To Wit: The foregoing instrument was acknowledged.before me this day of 7-0 20/.2, by 4.y Is 17-,r- J 1. Co John T. Conrad - ON NOTARY PUBLIC U OF Commonwealth of Virginia Reg. #7163184 G I My Commission Expires September 30, 2016 Notary Public My Corranission Expires F-Re 1'390f1WG1201 L2 ConditionZ,Lting A.-McRdnIenVEAW CD Greenivay,Enginear"Ma September 1,200-5,-Revised November 4,2005 19 W Revised November 30,2005;Revised May 18,2006 cylk Revised June 27,2006; Revised September 26,2006 C�) Revised October 24,2006;Revised November 18,2006 Revised December 11,2006;Revised January 4,2007 Revised February 12,2007;Revised October J4,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 .1.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: /0- �> - LLC Date Commonwealth of Virginia, City/ # of H-475 7-F- o To Wit: The foregoing instrument was acknowledged before me this qday of �� 7-r)64E 20/2, by l flit Z) al&r-F— 'T C04,, John T, Conrad N NOTARY PUBLIC U Of Commonwealth of Virginia Re #7163184 �OJfRGt111��� My Commission Expires y ? September 30, 2016 Notary Public My Commission Expires File 43800WG/2012 Conditional Zoning.i nsendmenUEft4�r CD Greenway Engineering September 1,2005;Revised November 4,2005 19 Ca Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,2006;Revised November 18,2006 Revised December If,2006;Revised January 4,2007 Revised February 12,2007;Revised October 14,2008 Revised November 17,2008;Revised January 14,2009 Revised June 15,2012;Revised October 4,2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By:—,-;' Miller andSmithZ?pWillow Run L.L.C. Date L, By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this C -"day of 20 -by L/ Notary Public My Commission Expires JENNIFER M.M7NT=_01F,_'1M; NOTARY PUBLIC REGISTRATION # 701 168 COMMONWEALTH OF vIRGjIlii1' XPjR 90,YLMY COW MISS]ON E AUGUST 31, 2014 File#3800WG/2012 Conditional Zoning Amendment/EAW Greenway Engameerm.- September 1,2005;Revised November 4,2005 20 Revised November 30,2005;Revised May 18,2006 Revised June 27,2006; Revised September 26,2006 Revised October 24,20K Revised November 18,2006 CD Revised December 11,2006;Revised January 4,2007 CA" Revised February 12,2007,Revised October 14,2008 C Revised November 17,2008,Revised January 14,2009 Revised June 15,2012,Revised October 4,2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: - Ore Date Commonwealth of Virginia, City/-cot�y of - c.)14"' IEZa— To Wit: The foregoing instrument was acknowledged before me this J, ,2 g-Lday of 20 d by 24jjUV Not ar� Public My Commission Expires CINDY GROVE NOTARY PUBLIC C-Qmt-nonweafth of Virginla Reg. #184054 File#3800WG/2012 Conditional Zoning Amendrnent/EAW u, VA'UNnOO HOMR(ISMd eo/a0 ww n K w LORIISIO 7VRIN.ISIIOVW 33NMVHS serozeaoss " 8 0 uv �� W. 4 NVId 1N3 OMA30 USISM zoeaa..�nA"n..a>°ut zet ossa w/et/n - 's 1--Ol3A30 OOOHtl03H013N IVNOIIIOY" m m JNI833NION3 AYMN33HO N Nf1a3IMHAHCI H M ZISVN x ee/e/e. ;�,�E � n ex m m m�� � 8 m � � 8�a3r; � a � ➢ _ F d ��`06gss" z m m ° ��a�Alg 080ap B 1 e a gg EE °1�"aEi 4 .°°, ' gg � 9 ti � x � F � _ m �Ag � � 3x�a �• �s'�m?�?� s°�-� x�F Ail z k 5=p F gdt @$ m Lf ps v s 3 �a 1� f 4 " �m o � $ JJ 40 • r 10 4 � T r I . F-) � O WgUW a \ / 1 ti W h a GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE-RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT A � qr� •yt r Tax Parcels 53-A-90, 53-A-919 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester,VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE-RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age-restricted residential community on the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Location: Fronting on the north side of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester& Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (11927± acres) RA, Rural Areas District(238.37± acres) File#3800G Impact Analysis Statement/EAW 2 Proposed Use: Age-Restricted Residential Community (11927± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The 357.64± acre subject properties are currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age-restricted residential community on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age-restricted residential community on 11927± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53- A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north-south major collector road as the primary transportation improvements within the study area. File#3800G Impact Analysis Statement/EAW 3 The 11927± acre portion of the 357.64± acre subject properties that is proposed for an age- restricted residential community is located within the portion of the WJELUP that is planned for future Residential Land Use. The proposed age-restricted residential community will be developed as single-family small lot units with a residential gross density that will not exceed 4 DU/Acre. The rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at a gross density of 4 DU/Acre and will not allow for commercial development. However, the WJELUP identifies these future land uses should the 238.37± acres be considered for future development through a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF THE SITE Access The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 119.27± acre portion of the subject properties proposed for an age- restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age- restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age-restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 119.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of-way dedication with permanent and temporary easements for the future West Jubal Early Drive project and provides for the construction of a gated access entrance by the developer that will allow for connectivity to West Jubal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flood Plains The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map 951069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. File#3800G Impact Analysis Statement/EAW 4 Wetlands The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community will be designed to avoid wetland areas; therefore, there will be no impacts to this environmental feature. Soil Types The 357.64± acre subject properties contain five soil types as demonstrated by the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database. The following soil types are present on site: 5B Carbo Silt Loam 2-7% slope 14B-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams,Very Rocky 7-25% slope 17C/17E Frederick-Poplimento—Rock Outcrop Complex 2-45% slope 29 Massanetta Loam The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loams comprise the majority of the 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community. This soil type has moderate shrink-swell potential and is appropriate for the development of residential structures. Geotechnical analysis will be conducted in conjunction with the development of the private street systems and community building serving the age- restricted residential community. Other Environmental Features The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age- restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: PUD-LR, Planned Unit Development Use: Residential (City) South: RP, Residential Performance District Use: Residential RA, Rural Areas District Agricultural & Commercial File#3800G Impact Analysis Statement/EAW 5 East: PUD-HR, Planned Unit Development Use: Residential (City) West: RP, Residential Performance District Use: Residential RA, Rural Areas District Residential& Golf Course TRANSPORTATION A Transportation Impact Analysis (TIA) has been prepared for the 11927± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping document which includes analysis of the age- restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange on and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Additionally, the TIA includes analysis of an annualized traffic growth rate of 1%; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age-restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based on background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS CB for the Route 37 northbound on and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age-restricted residential project entrance on Cedar Creek Grade at full build out of the age-restricted community through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor change of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B without the age-restricted residential community. The TIA demonstrates a LOS D/F for the age-restricted residential project entrance primarily due to left-turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The Owners have worked collaboratively with VDOT and the County to develop an off-site design plan for Cedar Creek Grade to address the LOS issue identified for left turn movements onto Cedar Creek Grade and to expand the length and storage capacity of right and left turn lanes and taper lanes on Cedar Creek Grade serving the proposed project. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off-site design plan for Cedar Creek Grade and has issued a Technical Memorandum confirming that these improvements result in a LOS C for left-turn movements from the File#3800G Impact Analysis Statement/EAW 6 project onto Cedar Creek Grade. These off-site improvements are provided on the proffered Cedar Creek Grade Improvements Exhibit dated March 25, 2021. The Owners have provided a Proffer Statement to mitigate transportation impacts associated with the rezoning of the 11927± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community and to assist Frederick County with the ability to work with VDOT to secure funding for the future extension of West Jubal Early Drive to Route 37. The proffered transportation improvements include the following: ➢ Improvements to Cedar Creek Grade to include a westbound separated right-turn lane that provides an approximate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. ➢ Improvements to Cedar Creek Grade to include an eastbound separated left-turn lane that provides an approximate 200' storage length/200' taper length meeting the requirements of the approved VDOT traffic study. ➢ Improvements to Cedar Creek Grade to include an eastbound separated median protected acceleration lane that provides an approximate 225' storage length/180' taper length meeting the requirements of the approved VDOT traffic study. ➢ A 20' right-of-way dedication along the Cedar Creek Grade property frontage outside of the limits of the Cedar Creek Grade improvements for future corridor widening. ➢ Construction of a gated entrance to the age-restricted community with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up onto Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the community. ➢ Construction of an emergency only gated access at the Cidermill Lane connection to provide a second means of emergency access for the age-restricted community. ➢ A 102' right-of-way dedication with permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. ➢ A 102' right-of-way reservation with permanent and temporary easements throughout the limits of the proposed RA District property to accommodate the future extension of West Jubal Early Drive for a period of 25 years. ➢ An 80' right-of-way reservation with permanent and temporary easements within the proposed RA District property to accommodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary File#3800G Impact Analysis Statement/EAW 7 Sewer Master Plan to assess sanitary sewer facility needs for development and growth within their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-inch sewer force main which is located directly across Cedar Creek Grade from the 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age-restricted residential community. The 12-inch sewer force main connects to the 18-inch Hoge Run sewer interceptor which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force main and the 18-inch Hoge Run sewer interceptor have sufficient capacities for transmission of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a maximum of 300 age-restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative sewer demand projection specific to this rezoning application. Q = 300 gallons/day per age-restricted dwelling unit Q = 300 GPD x 300 age-restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the 12-inch sewer force main serving the age-restricted community for the purpose of odor control until there is sufficient flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on-going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force main internal to the project; sufficient land area within the project to accommodate future expansion of the on-site sewer pump station; and easements to adjoining properties to allow connections to the on-site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age-restricted project for the transmission and treatment of sewer effluent. The Proffer Statement provides for the development of a pretreatment system and a chemical feed system for the benefit of the sanitary sewer pump station and 12-inch sewer force main which includes costs for on-going operations and maintenance. It should also be noted that the Owners of the subject property proposed for the age-restricted residential community have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. File#3800G Impact Analysis Statement/EAW 8 WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water infrastructure within this area of the County. Frederick Water has an existing 20-inch water transmission main located along the western boundary of the subject properties which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be a maximum of 300 age-restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons/day per age-restricted dwelling unit Q = 300 GPD x 300 age-restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age-restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age-restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on-site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the age-restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. File#3800G Impact Analysis Statement/EAW 9 SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed age-restricted residential community on the 119.27± acre portion of the 357.64± acre subject properties can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4th edition). It is anticipated that the buildout of the age-restricted residential community will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV= 5.4 cu. yd. per household AAV= 5.4 cu. yd. X 300 households AAV= 1,620 cu. yd. at build-out, or 1,134 tons/yr. at build-out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The age-restricted residential community will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the age-restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (434-180) and the Stuart Brown House (434-1239) as potentially significant properties within proximity of the 357.64± acre subject properties. The Homespun structure has been placed on the National and State Register of Historic Places and previously obtained approval of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound on-ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/4-miles west of the 119.27± acre portion of the 357.64± acre subject properties that is proposed to be developed as an age-restricted residential community and is not visible from this portion of the area to be rezoned. The age-restricted residential community will be required to provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the File#3800G Impact Analysis Statement/EAW 10 northern portion of the 119.27± acres proposed to be developed as an age-restricted residential community. The Second Kernstown Battlefield is located on the south side of Cedar Creek Grade across from the entrance that will serve as access to the age-restricted residential community. Both Battlefields have been heavily impacted by the development of residential and commercial land uses and public streets within the County and the City of Winchester. Therefore, the rezoning of the property will not create negative impacts associated with historic properties and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an age-restricted community within the 119.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department using the revised Development Impact Model (DIM). The DIM considered 300 age- restricted single-family dwelling units consistent with the proffered maximum number of age-restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to off-set impacts to community services. The Proffer Statement provides for a monetary contribution of$308.00 for each age-restricted residential dwelling unit that is paid to the County prior to the issuance of the certificate of occupancy permit to mitigate impacts to community services. Additionally, the Proffer Statement provides a monetary contribution of$9,078.00 for each residential unit that could be developed on a traditional five-acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be downzoned to the RA District to be consistent with the monetary contribution provided for non-age-restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 11927± acre portion of the 357.64± acre subject properties for an age-restricted residential community. File#3800G Impact Analysis Statement/EAW 11 EDINBURG RESIDENCY LAND USE MEMORANDUM Virginia Department of Transportation DATE: January IS, 2O21 TO: Evan Wyatt, Greenway Engineering FROM: Bradley S. Rigg|ernan, PE,Area Land Use Engineer RE: T/AandRezoningConnmnents—Greystone and White Family Properties Rezoning Mr. Wyatt, VU[)Thas completed a review ofthe rezoning application, proffer statement, and traffic impact statement (dated 10/8/2020 with a technical memorandum addendum dated 12/4/2020)for the Greystone Properties, LLC and White Family Properties in Frederick County. |tappears that previous comments have been addressed, and we find the traffic impact statement with supporting technical memorandum tobecomplete and acceptable. Follow are general comments for the rezoning application and proffers: l. This proposed rezoning should not have a significant impact to the roadway network. The proffered entrance configuration appears to adequately function from an operations perspective. 2. It is noted that the proffers include an exhibit of an innovative entrance/intersection configuration that provides a channelized receiving lane for egress traffic from the proposed development that iSturning onto eastbound Cedar Creek Grade. This allows vehicles exiting the site to pull out onto Cedar Creek Grade and then merge into eastbound traffic. The intent of this alternative intersection design is to reduce the potential de/ayfor eastbound egress traffic. The traffic model included inthe first submittal 0fthe Traffic Impact Statement yielded that for a traditional entrance design, the egress delay for eastbound traffic operated ataLevel qfService F (9].6second de|ay). This raised safety concerns over drivers who are waiting tVturn onto Cedar Creek Grade will eventually start toaccept shorter gaps intraffic and potentially creating ocrash scenario. The model ofthe proposed innovative entrance (shown in the technical memorandum) shows a significant reduction in this de/8ytO a Level of Service C(22.5 second delay). A potential concern with this entrance configuration isthe nature Vfthe user, given that this isJnage restricted development. Some drivers may experience 8 certain level ufuncertainty when first introduced to this intersectiun. However, the residential nature of this development would suggest that frequent users ofthis entrance will adapt tothis entrance design. 3. The intersection exhibit i5intended toshow a general layout. This design issubject toe detailed review upon submission ofthe site plan. 4. Site access will besubject toall VD{JTregulations and standards. Design standards and Specificedonsvvi|/ be addressed during site plan review. Please feel free tocontact rne /fyou have any questions. Sincerely, TIA and Rezoning Comments—Greystone and White Family Properties Sheet 2 of 2 January 15,2021 Bradley S. Riggleman, P.E. Area Land Use Engineer—Edinburg Residency Cc: Mark Cheran, Frederick County Zoning and Subdivision Administrator John Bishop, Frederick County, Assistant Director,Transportation Tyler Klein, Frederick County, Senior Planner Jeff Lineberry, P.E.—VDOT Transportation and Land Use Director Terry Short, AICP, VDOT District Planning Manager Matt Bond, P.E., VDOT Acting District Traffic Engineer Rezoning Comments Frederick Water Mail to: TH and deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application. form, location map, proffer statement, Impact analysis, and any,other pertinent Information. Applicant's Name: Greenway Engineering, Inc. Telephone: (540)662-4185 Mailing Address: -151 Windy Hill Lane Winchester,VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad;West side of City of Winchester Corporate Limits Current zoning: R4 Zoning requested: RP& RA Acreage: 119.27 RP Z3fj.1-7 KA Frederick Water Comments: Please refer to review comment#3 dated April 7, 2'.92.1 from Eric Lawrence. Approved as submitted. Frederick Water Signature &Date: April 7,2021 Notice to Frederick Water-.Please Return This Form to the Applicant 26 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com Apri17, 2021 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Application Comment#3—Greystone Properties, LLC& White Family Properties Tax Map Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92.121, 53-3-A, and 63-A-2A 357.64 acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application package, with a draft proffer statement and Impact Analysis Statement, initially dated Octobers 8, 2020. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. This is comment #3, revised based on discussions with the applicants and upon review of the revised proffer statement dated March 25, 2021. The project parcels are located within the sewer and water service area (SWSA). The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. The rezoning application proffer states that the proposed use of the 119.27-acre RP Residential Performance District zoned portion of the property will be limited to 300 single family dwellings. The proffers are silent on the proposed uses of the 238.37-acre RA Rural Areas District zoned portion of the application. The Impact Analysis (IA) projects water and sanitary sewer flows of 90,000 GPD (gallons per day). Through various efforts, discussed in more details below, Frederick Water extended water and sewer to the subject properties in 2008. A 20-inch water main was extended to the subject properties, and recently 12-inch and 8-inch stubs were provided to meet the subject properties' Water At Your Service Page Greystone Properties, LLC&White Family Properties rezoning application Review Comment#3 Evan Wyatt April 7, Z021 water demands. And o 12-inch sanitary sewer force main was extended to serve the subject properties sanitary sewer demands. The proffers provide for this 12-inchsanitary force main to be extended, continuing the 12-inch size, to the Abrams [reek area where the proposed pump station will belocated. The submitted proffers address the operational costs of pretreatment and chemical feed systems necessitated because the new development's reduced scale will generate significantly less sanitary flows than the sanitary sewer force main was designed and constructed to convey. The proffers commit to design the pump station to easily accommodate future expansions as flows warrant. The applicant and its proffers should provide for adequate easements to facilitate gravity sanitary sewer 0oxv from the entire 357+ acre VVi/|ovv Run project /and area and adjacent properties to the proposed sanitary sewer pump station that will be constructed to serve the proposed 300 age-restricted units. Consistent with the original Willow Run concept, utilizing gravity sewer flows minimize the number ofsanitary pump stations required to meet sewer flow demands inthe future. Aside from the proffered pretreatment and chemical feed system, the rezoning proposal's significant reduction in land use activities (residential and commercial land uses) results in unaddressed financial impacts tothe water and sewer system. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and limited capital contribution funding to either the water or wastewater treatment plants, and the distribution and conveyance system. The applicant enhanced the proffered commitments to accommodate future sanitary flows via easements, upsized gravity sewer and forcennain, and readily expandable pump station design, sothat the community will benefit from value that will berealized inthe future. Abrams Creek West Water and Sewer agreement The land within this rezoning application was previously rezoned in 2005 as the VVi/{ovv Run development with 1,390 residential units and a 32-acre commercial area. The October 4, 2005 Abrams Creek West Water and Sewer agreement between the VVi||ovv Run developers (Greystone Properties and Miller & Smith) and Frederick Water provided for the extension of water and sewer services tOthe VVillOvv Run development (the extensions mentioned above). The agreement requires that the lines be sized to provide o nnininlurn capacity of 346,000 gal/ons per day reflective of the projected water and sewer demands of Willow Run. Per the agreement, Frederick Water sized, designed, and constructed the extended water and sewer infrastructure to meet the needs of Willow Run, with 3 nnininnunn capacity of 346,000 g8||OnS Page Greystone Properties, LLC&White Family Properties rezoning application Review Comment#3 Evan Wyatt April 7, 2021 per day. The new rezoning proposal will generate 9CiOOOgallons per day ofwater and sewer demand, utilizing 259Softhe sewer infrastructure that Frederick Water funded and constructed tomeet the demands ofWillow Run. The developer continues 1oberesponsible for the design and construction of the pump station sized to complement the existing force main and its minimum capacity of34fi0OOGPD. In exchange for the extension of services to the development site, the VViUuvv Run developers agreed to purchase a rnininnunn number of water and sewer connections to ensure that Frederick Water would recover and repay the bond which was utilized to fund the design and construction of the water and sewer infrastructure extended to the property—the extension of infrastructure to a development is developer's responsibility. With the new rezoning proposal proffered cap of 300 residential units,there will be a significant shortfall in the financial contributions toward the overall water and sewer system, including distribution, conveyance, and treatment. The original VVi||ovv Run project and the water and sewer agreement was premised on initially funding the extension of infrastructure (332 units) and any additional units /1,000* residential plus commercial development) would provide capital contributions/funds towards treatment plant capacity tomeet the projects denmands. The new rezoning development proposal and its proffered limit of3OO residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and a reduced capital funding contribution to the water orwastewater treatment plants, and the distribution and convey system. Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application. Si Eric R. Lawrence Executive Director Cc: Candice Perkins, County Planning Department Evan !jLatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, December 1, 2020 3:35 PM To: Evan Wyatt Cc: Candice Perkins;John Bishop Subject: RE: '[External]'RE: '[External]'Greystone Properties &White Family Properties Rezoning Evan, My apologies again for the delay with this. I have now had the opportunity to review the Proffer Statement, revised October 8, 2020, and have just the three text comments and one staff comment. As to the text comments, you may certainly wish just to address these in the final version you submit with the application, without the need to resubmit anything to me. The text comments are: o At the bottom of page 1, there is an extraneous "53" following the reference to parcel number 53-3-A. • In the last sentence each of Proffers 131, B2, and 134, regarding timing of the commitments, I believe that "The proposed improvement identified in the section" would more properly read as "The proposed improvement identified in this section". • In the sentences roughly in the middle of Proffers B7 and 138, regarding dedication at no cost, I believe that "are proffered to be dedicated to the County at no cost to the Owners" would more properly read as "are proffered to be dedicated by the Owners to the County at no cost". The comment for staff is that, re Proffer 136, the requirement to build the connection to West Juba[ Early Drive occurs only prior to the final occupancy permit for the RP portion of the Property. Given the cost of completion of this improvement, relative to the marginal profit for construction of the last housing unit on the Property, it is substantially likely that the West Jubal Early connection would never come to fruition. Rod From: Evan Wyatt<ewyatt@greenwayeng.com> Sent:Wednesday, November 18, 2020 11:11 AM To: Rod Williams<rwillia@fcva.us> Subject: '[External]'RE: '[External]'Greystone Properties &White Family Properties Rezoning Hi Rod, Thanks for the update and no worries! I will look for your comments in the near future and hope you have an enjoyable Thanksgiving. Thanks again, Evan From: Rod Williams<.rwillia@fcva.us> Sent:Wednesday, November 18, 202011:09 AM To: Evan Wyatt<ewVatt@greenwayeng.com> Subject: RE: '[External]'Greystone Properties&White Family Properties Rezoning Evan, Thanks for checking on this. It has taken me longer than I had hoped to get to this and to work through it and for that I must apologize. I will try my hardest to have something to you before the holiday next week or, failing that, right after the holiday. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: Evan Wyatt<ewyatt@greenwayeng.com> Sent:Wednesday, November 18, 202010:28 AM To: Rod Williams<r illia@)fcva.US> Subject: '[External]'Greystone Properties&White Family Properties Rezoning Hi Rod I'm touching base to determine when you believe you will have an opportunity to provide your updated comments for the subject property based on what the revised information that I submitted on 10-16. Please let me know if you have any additional questions regarding this information or if there is anything else needed from me regarding this matter. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester,VA 22602 Phone:540.662.4185 Cell:540.974.2701 Fax:540.722.9528 Web:www.GreenwayEng.com Email:ewvaft@areenwaVenci.com 0* %J01. EE AY E r--,(_1 I N F,E R.t!111 1�1 Disc z,.;, 2 Evan Wyatt From: Timothy Youmans xllm umnens@uvnchestervagov> Sent: Friday, February 14, 2O2U7i)7PK4 To: Evan Wyatt Cc: Perry Eisenach Subject: City Planning Comments on Greystone Properties RIP &White Family Properties RA Rezoning Evan, Sorry for the delay in compiling my thought on the proffered rezoning. I really don't have any comments on the larger rezoning of the White property back to RA, but do have some comments/concerns about the rezoning associated with the up to 300-unit age-restricted unit gated community on the Greystone Properties portion proposed for rezoning to RP. Thank you for meeting with me back on January 16, 2020 to help me better understand the request. I have mixed feelings about the advisability of creating upwards of a 300-unit age-restricted community that has only a single point of access to the public street network. While I understand that the anticipated LOS F condition for the weekday PM traffic exiting this private gated community does not mathematically impact the traffic flow on Cedar Creek Grade through movement, I think it does create a safety issue since the residents will become frustrated enduring excessive wait times trying to access Cedar Creek Grade and may present a hazard associated with risky decisions to pull out into oncoming traffic in an unsafe manner. This will be particularly true for the left-turning traffic which appears to be about 65%of the trip distributions according to Figure 10 in the Traffic Impact Analysis(TIA). Per Figure 12 of the TIA, it appears that the projected Year 2027 traffic conditions will have 1,040 vehicles (731EB+309WB) during the AM peak hour and 1,551 vehicles(585EB+966WB) in the PM peak hour moving past the development entrance on Cedar Creek Grade. That leaves little gap for the drivers (mostly senior citizens I would guess)to make a left turn out onto the road. I think there will be strong homeowner pressure on Frederick Co, VDOT and even the City of Winchester to seek public funding and approval of a traffic signal or other improvement to make it safer and more convenient for them to access the public roadway, especially eastbound. I have mixed feelings about recommending a full street connection to Cidermill Lane in the adjoining Orchard Hill Subdivision situated within the City limits.This public street was approved as part of the latter phase of Orchard Hill townhouse development (the latter phases constructed byOakcrext) to he a through street connection to whatever would be built in the adjoining County land. Given the unlikelihood of any northern outlet to W.Jubal Early Drive following the surrender of the state funds by Frederick County and the reversion of the former Willow Run (Miller& Smith) development property back to RA by the White Family, I am hesitant torecommend more than just the emergency connection to Cidermill LaIne that is called out in the proffers. I believe that the occupants of the 300 County homes would probably select that local neighborhood street over trying to make a left turn down atCedar Creek Grade if they are wishing to come into the City. That would also negatively impact Harvest Lane which has a heavy volume of traffic between W. Jubal Early Dr and Cedar Creek Grade. We already have citizens petitioning for traffic signals at the north and south termini of Harvest Drive even though prior warrant studies have not justified a traffic signal at either terminus. Regarding multimodal circulation, I would suggest that the rezoning applicant (developer of the Greystone Properties part) consider committing to construction of a paved trail connection to the Green Circle Trail (GCT) within the area proffered for future W. Jubal Early Drive ROW dedication. The bike/walking connection at Cidermill Lane does not provide a very direct connection to the existing GCT as would a trail at the northern end of the site. Cidermill Lane actually angles southward away from the GCT before connecting with Harvest Drive where bikers would need to share the busy road with motorized vehicles. l Lastly, I feel that there needs to be more attention paid to the worsening condition on Cedar Creek Grade at the eastbound approach to the Rte 37 NB on-ramp, Because of the limited pavement with on Cedar Creek Grade at the underpass, a backup condition is caused byonly one ortwo vehicles waiting to make a left-turn eastbound along Cedar Creek Grade on to the Rte 37 northbound ramp. This delays the through movement on Cedar Creek Grade. While some of the impacted traffic is originating in western Frederick County, a growing amount is traffic that has just exited Rte 37 southbound after making a left-turn at the Rte 37 southbound traffic signal on Cedar Creek Grade. T his traffic volume will increase due to the residents of this new development trying to return to their homes from points north of the development, Ithink some proportional contribution to mitigating that worsening condition should be considered. | dowant share with you,that | did briefly discuss this proposal with City Public Services Director Perry Eisenach. He does want to take a closer look at the TIA and may have additional City comments or questions. Let me know if you want to discuss any of this further before I share my concerns with Frederick County planning and formalize noycomments oothe signed rezoning comment form. Thanks, Tim Timothy A. Youmans P|dODiOg Director City ofWinchester 15N. Cameron Street Winchester, VAZ26O1 Phone: (548) 667-1815ext, 1415 Email: *** VIRGINIA FREEDOM UFINFORMATION NOTICE *** NOTICE:This e-mail and any ofits attachments may constitute a public record under the Virginia Freedom of information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. 2 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 Fax: 5401665-6395 May 3,2021 Greenway Engineering Attn:Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed rezoning for Greystone Properldes RIX & White Family Properties RA Rezoning Property Identification Number(?1N): 53-,4-90,53-A,-91,53-A-92,53-A-922, 53-A-92B,53-3-A,and 6'!�-,A_-22A Dear Mr.Wyatt: Thank you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and White Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates the increase from 20 to 25 years of the window to take advantage of the right-of-way proffer for Jubal Early Drive and Merriman's Lane. However, given transportation funding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring funding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public between Cedar Creek Grade and future Jubal Early Drive. Once again, I would thank you for the opportunity to comment and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. T J0 Assistant Director-Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 April 29, 2O21 Mr. Evan Wyatt Greenway Engineering 251Windy Hill Lane Winchester,Virginia 226U2 RE; Second Comnmmnts-Pmopmsed Rezoning for Greystone/White Ram|1yPmmperties Property Identification Numbers(PINs):53-A-9,0,53-A-91,58-A+92,53-A-92A,53-A-9213, 53-3-and 53-A-2A Dear Evan: | have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum,a letter describing how each of the agencies and their comments have been addressed should beincluded aspart ofthe submission. 1. The 2O]5Comprehensive Plan and the VVeoternJuba| Early Land Use Plan provide guidance onthe future development ofthe property. The property is located within the SVV5A and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial /and use designations;the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed dovvnzoning 238 acnes to the R4 District is inconsistent with the Plan. The potential downzon/ngwould enab/eupto47Mveacne|ots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. 2. Generalized Development Plan. 4spreviously noted, Staff recommends the inclusion uf aproffered generalized development plan. I Environmentai Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University,this application would remove the access ability from the area proposed to be zoned R4. A large area ofenvironmental features Page Mr. Evan Wyatt RE: Greysbone/VVhite April 29,2O21 /wet/and and pond) is iucated on MN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director ' Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. S. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney,and the City ofWinchester. 6. F"ees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be$35,382 based upon acreage of 357.64 acres, All the above comments and reviewing agency comments should beappropriately addressed before Staff can accept this rezoning application. Please feel . etocontactnnem/ithquesdons regarding this application. Sincerely, Candice E. Perkins,A|CP, CZA Assistant Director CEP/pd To he completed by Planning Staff: Fee Amount Paid $ 3C Zoning Amendment Number Anticipated PC Hearing Date (pj"-j;Z \ Date Received Anticipated BOS Hearing Date-1 141 Z-t REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: .rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Springs Estates, LLC Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Email: -willis@white properties.net 2. Other Applicant Party(such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: .Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Greystone Properties, LLC Age-Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A b. Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned(if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres; RA District 238.37 +/- Acres f. Magisterial District(s): Gainesboro District g. Location- the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map& Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T.Vickers&James R.Wilkins III 740, LLC: C. Ridgely White,Jr. 750, LLC: Stephen D.White Willow Grove V. LC&Willow Springs Estate, LLC: M.Willis White Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map Plat Depicting Metes/Bounds of Proposed Zoning ❑� Impact Analysis Statement 71 Proffer Statement(if any) ✓❑ Agency Comments ❑ Fee Copies of Deed(s) to Property(ies) Tax Payment Verification ❑ Digital copies (pelf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our) knowledge. 1 Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. T. ,I WMIN 0 Owner: Date f" If signing on behalf of an entity, please state name of entity and your title: -7 4-0 , Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date 4-17 46luz. If signing on behalf of an entity, please state name of entity and your title: (-ea-L-NON`1 Dte4!5- ©F L0140 If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our) knowledge. Owner: Date - 1 If signing on behalf of an entity,please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date � �: If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our) knowledge. Owner: Date If signing on behalf of an entity,please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: r Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: PL- 1,4 c-, If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 `Gx ooU Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us ux Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540)662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-91 &63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: ❑/ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim.or final) ❑ Variance or Zoning Appeal and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re i d or mod' it. Signature Title (if s' in U11 ,, }} St e of 1 Q.. , County/City of (.��_);f1C.hLS 4 -k , To wit: I , a Notary Public in and for the jurisdiction aforesaid, certify that t person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of I -, 20.11. My Commission Expires:, ct1 v 361 aDa y lotarfRegistration Number: 72 5/2 A MCFARLAND ORNDORFF NOTARY PUBLIC REG. #7901519 COMMONWEALTH OF VIRGINIA COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us 3734 ,374 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. PO Box 87 Winchester,VA 22604 (540)6641538 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place, and stead,with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in , for the above identified property: J❑ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim.or final) Variance or Zoning Appeal and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title(if signi F HS State of 1�1 J l llk'4- . , County/City of P J fl 1�!-1't'*'�./ _ . , To wit: I, kX-t' i ��4�� �I , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same befme in the jurisdiction aforesaid this 20"""day of �'z ,,� ,202-i. My Commission Expires: ) ' Notary Public Roberta Deane Hardy Registration Number: '-7_;'-71Y4"6 Notary-Public Commonwealth of Virginia Reg,#7271490. My Commission Expires COGS Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us 17.4 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 750 Merrinians Lane Winchester,VA 22601 (540)533-4836 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-9213 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-in-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followin , for the above identified property: ❑J Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim. or final) ® Variance or Zoning Appeal and, further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature - Title (if signing behalf of an entity) r State ofVI' rrii , County/City of uh ?[� � , To wit: I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same befo a me in the jurisdiction aforesaid this day of ,gyp. r , 20>-1. My Commission Expires: _'2'j y Notary Public Roberta Deane Har y Registration Number:, `x.27 ILE '4 Notary-Public CommormeslthE of Virginia Reg.0 7271490..-3a-'&w My Commieskiri Expires _ COG Special Limited Power of Attorney 44 County of Frederick, Virginia Frederick Planning Website: www.fcva.us Al Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester,VA 22601 (540)327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followin , for the above identified property: Q Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan(prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf of an entity) / h ie State of t t tIu— , County/City of tLjt rscJ� ,To wit: I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be a me in the jurisdiction aforesaid this -. '6 day of / N , 20 21 My Commission Expires: 3 Nota Public Roberta�a a ` � Notsry.Pulalk Reg istration Number: '7�� CornmormeaM of Virginia Reg.it 7271490 My Commission Expires AGK c®G Special Limited Power of Attorney o. County of Frederick, Virginia Frederick Planning 'Website: www.feva.us Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Springs Estate, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester,VA 22601 (540)327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to, the tract(s)or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followin ,for the above identified property: ,/❑ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if sig6ing on behalf of an entity) 1�l State of c` , County/City of , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the sa � day of 1 , 20 z! My Commission Expires: 71 -� Notary Pitblic Roberta Deane Hardy Registration Number: 7--"-7410 Notary-Public Commonwealth of Virginia Reg.#1 7271490 My Commission Expires -7 � �