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CPPC 08-08-05 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Comprehensive PIans and Programs Subcommittee (CPPS) FROM: Susan K. Eddy, AICP, Senior Planner RE: August Meeting and Agenda DATE: July 29, 2005 540/665-5651 FAX: 540/665-6395 The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting on Monday, August 8th, 2005 at 7:30 p.m. in the Board of Supervisor's Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. Please note the room change. The CPPS will discuss the following agenda items: AGENDA 1) CPPA 407-05 — Arcadia Route 50E 2) CPPA 409-05 — Bowman -Shoemaker 3) Urban Development Area Study 4) Other Please contact the department if you are unable to attend this meeting. SKE/bad Attachments -1- 107 North Kent Street, Suite 202 + Winchester, Virginia 22601-5000 ITEM #1 CPPA #07-05 — Arcadia Route 50E At the July 11, 2005 joint work session of the Board of Supervisors, Planning Commission and Comprehensive Plans and Programs Subcommittee (CPPS), eleven Comprehensive Policy Plan Amendment (CPPA) applications were reviewed. Of these eleven requests, two, including Arcadia Route 50E, were considered by the Board of Supervisors to merit further study and action through the public process. The first step in that process is for study and consideration by the CPPS. The CPPS will then forward its recommendations to the Planning Commission. The full Arcadia Route 50E application is attached. The applicant is seeking to expand the Urban Development Area (UDA) by 59.09 acres and to designate the property for mixed use development. The applicant anticipates B2 (Business General District) zoning and RP (Residential Performance District) zoning. The applicant is suggesting that the existing Route 50 East Corridor Plan be modified to reflect these changes and has included suggested text in the application. The applicant has indicated that eleven (11) acres of the site would be available for an aquatic center and a field house. This is not referenced in the suggested text for the Route 50 East Corridor Plan, although "public use" is mentioned. In addition, this is not a rezoning request, so proffers are not appropriate. This site was rezoned from RA to B2 in 1990 (#06-90). A copy of the proffers is attached. Of note is the fact that a single entrance on Route 50, aligned with Independence Drive, was proffered along with road improvements. This site is surrounded by MI (Light Industrial District) zoned land on two sides and RA (Rural Areas District) zoned land on two sides. This application would introduce future RP zoning in an area with no adjacent RP zoning and no planned residential development. The nearest RP zoned land is over one mile away. All existing zoning is clearly shown on the Zoning & Location Map included with the application. Currently the site is within the Sewer and Water Service Area (SWSA), is planned for business use, and is zoned B2 (Business General). Approval of this UDA expansion request and any subsequent RP rezoning would, therefore, reduce the amount of commercial land available in Frederick County. Residential development could also prejudice the operation of the adjacent M1 zoned property, as the buffer requirement is larger between M 1 and RP property than between M 1 and B2 property. The southern portion of this site is within the area currently planned for the extension of Route 37. The applicant has proposed language for a modified Comprehensive Plan to -2- state that "The provision of right-of-way and/or funds to assist with future construction should be considered as a component of future development proposals within this portion of the study area". No solid commitment to transportation improvements is included. A recommendation from the CPPS is sought on this application. -3- Section I - Comprehensive Policy Plan Amendment Project: Arcadia Development Company — Route 50 East Mixed Use Proposal Ownership Information: Name Arcadia Development Company c/o Carla Coffey Address P.O. Box 1150 Purcellville, VA 20134-1150 Telephone (540) 751-0321 ext. 179 Applicant Information: Name Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Telephone (540) 662-4185 Subject Property Information: Parcel ID # Magisterial District Acreage Zoning Comprehensive Plan Designation Proposed Zoning 65-((A))-116 Shawnee District 59.09 acres B-2, Business General District No Future Land Use Designation B-2, Business General District & RP, Residential Performance District Proposed Comprehensive Plan Designation Mixed Use Designation Adjoining Property Information: Please refer to the Adjoining Property Map and Adjoining Property Ownership Table that is included in this section for all properties within a %2 mile radius of the subject site. Arcadia Route 50 East CPPA #4066/EAW Adjoining Property Information Project: Arcadia Development Company — Route 50 East Mixed Use Proposal The following adjoining property information is numbered to be consistent with the numbering that is utilized on the attached Adjoining Property Map. The adjoining property information is provided for all parcels that are within a 1/ mile radius of the subject site. NAME TAX MAP # ADDRESS 1. James E. Myers 64 -A -159P 100 Myersons Drive, Winchester, VA 22602 2. EFG, LLC 64 -A -159H 340 W. Parkins Mill Road, Winchester, VA22602 3. EFG Investments, LLC 65-A-113 340 W. Parkins Mill Road, Winchester, VA22602 4. David C. & Carol Ann Robinson 65 -A -103A 315 Shaffer Lane, Winchester, VA 22602 5. Turner Enterprises, LLC 65-A-102 2971 Valley Avenue, Winchester, VA 22601 Arcadia Route 50 East CPPA #4066/EAW Adjoining Properties Map Comprehensive Policy Plan Amendment 0 L) ,0)1 � w D 0 Sulphur Ulphhur SprinI 1 9 Road 65-((A))-116 Zone B2 59.09 Acres V\, w a ��C WA 0 500 t000 5000 Prepared by: JTP 0 GRENWAY 9N NPS May 2005 Section 2 - Comprehensive Policy Plan Amendment Project: Arcadia Development Company — Route 50 East Mixed Use Proposal Route SD East Corridor Land Use Plan Amendment The Route 50 East Corridor Land Use Plan was adopted by Frederick County in July 1994. This wide area land use plan encompasses the area along Route 50 East from Interstate 81 to the Westview Business Center and the area along Route 522 South between Route 50 East and Buffalo Lick Run. The current land use plan recommends future business, office and industrial land uses primarily around the Winchester Regional Airport, while an area of future residential is identified along Route 50 East within close proximity of the Arcadia Building Company property. The proposed mixed-use development is applicable to this portion of the current land use plan. The Route 50 East Corridor Land Use Plan is a component of the Comprehensive Policy Plan's Land Use Chapter, which can be found on pages 6-17 — 6-19 with a land use plan map for the area on the following page. The intent of the Arcadia Development Company Mixed Use Development proposal is to amend the current land plan text and mapping associated with the current land plan to provide for a mixed use development that would have commercial, office, residential and public uses. The Mixed Use Development concept is new to this area of the County and reflects current development trends and planning practices that were not being considered when the current plan was adopted over a decade ago. The proposed mixed-use development is located in an area that can benefit existing and future transportation proposals and is in close proximity to existing community facilities and services. Furthermore, the residential component will assist in providing housing opportunities to the commuting population in a strategic location of the community. Included within this section is the current and proposed text associated with this proposal, as well as the current and revised land use plan map that would facilitate this revision. Arcadia Route 50 East CPPA #4066/EAW Route 50 East Corridor Land Use Plan (June 2005 Proposed Text Revision The Route 50 corridor plan identifies two proposed areas of business/office and a proposed industrial/office area adjacent to the airport. A proposed residential area and a mixed use area are identified on the north side of Route 50 in the northeastern portion of the study area. The commercial business and industrial areas would be expected to benefit from their proximity to the airport as well as easy access to Interstate 81 and the future Route 37/Route 50 interchange located adjacent to the mixed use area. The area designated for office/industrial use that is located on the south side of Route 645 across from the intersection with Route 728 (Victory Lane) is envisioned to be developed as continuations or extensions of established land uses. An area of business/office use is also shown west of the intersection of Airport Road and Route 522. This area would be expected to accommodate a future road connection resulting from the extension of East Tevis Street from the City across Interstate 81 to connect to Route 522. Plans at this time would be to connect Warrior Drive at its northern terminus to East Tevis Street extended and to have East Tevis Street extended connect at an intersection alignment with the segment of Route 522 that is to be realigned through Prince Frederick Office Park to Route 50. This connection is seen as an important link in the overall Metropolitan Planning Organization's Regional Vision Plan. A mixed use area is identified on the north side of Route 50 at the eastern boundary of the study area. It is envisioned that this area is comprised as a mixture of commercial business and office, residential and public use. The location of the future Route 37 bypass is identified as generally following the eastern study area boundary with a new interchange at Route 50, which adjoins the mixed use area. The provision of right-of- way and/or funds to assist with future construction should be considered as a component of future development proposals within this portion of the study area. Land Use Plan (July 1994 Text) The Route 50 corridor plan shows two areas of business/office and industrial/office use adjacent to the airport. One is a large area south of Route 50, the other is a smaller area east of Route 522 and north of Route 645 (Airport Road). Both areas would be expected to benefit from their proximity to the airport as well as easy access to Route 81. An area designated for office/industrial use is shown on the south side of Route 645 across from the intersection with Route 728 (Victory Lane). These areas would basically be continuations or extensions of established land uses. Arcadia Route 50 East CPPA #4066/EAW An area of business/office use is also shown west of the intersection of Airport Road and Route 522. This area would be expected to accommodate a future road connection resulting from the extension of Airport Road, west into the City. Plans at this time would be to connect with road segments which are, at this time, partially in place south of Lowe's extending east from Pleasant Valley Road. This connection is seen as an important link in the overall Winchester Area Transportation Plan. Two connector roads between Route 522 and 50 are depicted in the plan. The purpose of these connectors would be to both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have to utilize Route 50 as their sole means of ingress and egress. A connection is shown between Delco Plaza and a planned collector road running from Route 522 east through the Prince Frederick Office Park and then north to Route 50. This connection is shown running north -south from the western edge of the plaza. It is hoped that this connection might make it possible to relocate the Delco Plaza entrance and light at the 522 entyrance with one further south, at the intersectiojn of Route 522 and the planned collector road. This might be preferable in order to give more room for traffic which backs up in the north bound lanes of Route 522 as a result of the light at Route 50. Arcadia Route 50 East CPPA #4066/EAW MEMO 1. Lll�llllll►��i i amu........ /'. /,. 1 I io■� ILL � �� iuIS oR u■r nuni uo■ r■■■■L� c ■■rr��■■uor_ Ir■or ■r■■■■/�. �. '�\r■r.r v. Gil ip\■�. \►�I'\►v1ra �. ■l�\'■LI './!■r■r I Il■■rurl ■o■ . � u �, a ��L� ntoou, � a■oot u■or■I rrr■ 11 ``�UU■\ilJ '7'J■■■■rl rrr\r■I : ilRn■rl '� ■■uu■000rn ■rr�rJI �. !r\'o/ir\r■■■r/i■r / : 7Ur�q� il*/ M f� �i�A J r'I'L. \m■oI loonn� P■rr\ 1■■r■.V Moi i■■■r , l■\■/ �■■■ �■■■■■rr ■�rl1 '1■/■r ' el■rr R■ rA �_■V� ■f \r\I ? Irr■ ■r Introduction Project: Arcadia Development Company — Route 50 East Mixed -Use Proposal Arcadia Development Company and Greenway Engineering have prepared a mixed-use development proposal, which provides for commercial, office and residential land use within a planned setting that will be developed with architectural and site design guidelines. Additionally, the subject site provides an opportunity to utilize land within the mixed-use development for an aquatic center and field house, as well as County satellite office space. Residential land use will be limited to high-end townhomes that are marketed to commuters that desire to live adjacent to the Route 50 East corridor. The Route 50 East corridor is recognized as a developing corridor as demonstrated within the Comprehensive Policy Plan's Land Use Chapter. The Metropolitan Planning Organization's Vision Plan identifies the need for the Route 37 eastern bypass to facilitate traffic movement within this area of the region. A portion of the Route 37 interchange at Route 50 East is identified adjoining the subject site. This location provides an opportunity to obtain dedicated right-of-way for the future development of this improvement. Section 1 provides technical information including property data, ownership and contact data, as well as Comprehensive Policy Plan data. Adjoining property ownership information is included in this section, as well as mapping, which identifies properties within a certain radius of the subject site. Section 2 identifies current Comprehensive Policy Plan goals and strategies that are relevant to the mixed-use development proposal. Additionally, information is provided that suggests additional goals and strategies for inclusion as a Comprehensive Policy Plan Amendment for this geographic area of the County. Section 3 provides justification for the Comprehensive Policy Plan Amendment and identifies benefits and impacts associated with the mixed-use development proposal as it relates to 14 different community criteria. Additional information pertaining to capital facilities impacts is included in this section utilizing the County's Capital Facilities Fiscal Impact Model. Finally, a proposed land use plan has been incorporated into this section to delineate the general location of commercial, retail, office, residential and public facility land uses and transportation facilities. Section 4 provides a series of thematic mapping, which has been created to provide a visual reference to the 14 different community criteria that is discussed in the previous section. These include a Community Facilities and Services Map, a Water and Sewer Map, an Environmental Features Map, a Cultural Resources Map and a Soils Map. Section 5 provides architectural renderings and floor plans for the high-end townhomes that are planned to be developed on the subject site by Arcadia Development Company. Arcadia Route 50 East CPPA #4066/EAW m l , 1 I I i f v _ S \ y t - / i WI. 1 a t ilii �, ;� • � • 1 � �/ +. A t - f i / V fv �wl \l\\N1,�i - 71 1 iw n -. .: �i <•��""� _,.` r _..- .:nil r 46 1t �l 1\� i - • Section 3 - Comprehensive Policy Plan Amendment Project: Arcadia Development Company — Route 50 East Mixed Use Proposal Justification: Arcadia Development Company has acquired a 59.09 -acre parcel that is currently zoned B-2, Business General District and located on the north side of Route 50 East across from the Westview Business Center. The Route 50 East corridor is recognized as a developing corridor as demonstrated within the Comprehensive Policy Plan's Land Use Chapter. The Route 50 East Corridor Land Use Plan identifies the subject site within the study area boundary and adjoining the UDA; however, the plan does not recommend a future land use for this site. Arcadia Development Company and Greenway Engineering have prepared a mixed use development proposal, which provides for commercial, office and residential land use within a planned setting that will be developed with architectural and site design guidelines. Additionally, the subject site provides an opportunity to utilize land within the mixed-use development for an aquatic center and field house, as well as County satellite office space. Residential land use will be limited to high-end townhomes that are marketed to commuters that desire to live adjacent to the Route 50 East corridor. The Metropolitan Planning Organization's Vision Plan identifies the need for the Route 37 eastern bypass to facilitate traffic movement within this area of the region. A portion of the Route 37 interchange at Route 50 East is identified adjoining the subject site. This location provides an opportunity to obtain dedicated right-of-way for the future development of this improvement. The mixed-use development proposal is justified at this location for the reasons stated above, which are further justified in the Impacts and Benefits section below. The approval of the Arcadia Building Company Comprehensive Policy Plan Amendment would necessitate a revision to the Route 50 East Corridor Land Use Plan, which is provided in Section Two of this application. Impacts and Benefits: T.17"d TTco The mixed-use development proposal will benefit the County by providing a mixture of residential, commercial and office land uses that are designed to be compatible and are connected through a series of streets, sidewalks and pedestrianibicycle trails. This land Arcadia Route 50 East CPPA #4066/EAW use pattern provides an opportunity to utilize land more efficiently and reduces dependency on vehicle travel to access the various land uses. The mixed use development proposal plans for approximately 2/3 of the site to be utilized for commercial, office and public use, while the remaining 1/3 of the site will be utilized for high-end townhomes. Furthermore, the mixed-use development proposal provides approximately 11 acres for the development of an aquatic center and a field house facility. Transportation The mixed-use development proposal will benefit the County by providing an opportunity to obtain dedicated right-of-way for a portion of the future Route 37 eastern bypass interchange at Route 50. The MPO Vision Plan identifies the Route 37 eastern bypass as an important component for the region, which facilitates local traffic movement to arterial road systems such as Route 50 East. The mixed-use development proposal provides for an opportunity to develop this segment of the interchange within the project site, and provides for a series of internal interconnected streets and pedestrian facilities that provide for intermodal opportunities within the project site. Community Facilities and Services Public Parks The mixed-use development proposal provides an opportunity to develop an aquatic center and a field house on approximately 11 acres that is located in the eastern portion of the project site. The County Parks and Recreation Commission identifies the aquatic center as the highest public park priority on the County's Capital Improvement Plan. This proposal provides for a centrally located site that is served by Route 50 East and is adjacent to the future Route 37 eastern bypass. Additionally, a series of pedestrian and bicycle trails will connect internal land uses and the residential component of the development will provide for on-site recreational amenities to serve the residents of the mixed-use project. Fire and Rescue The mixed-use development proposal provides an opportunity for the opening of County satellite office space within the commercial and office areas. This office annex would allow for emergency services, along with other County agencies to have additional work space more centrally located to the UDA than the County Office complex. Additionally, it is anticipated that funds will be made available as the project develops to assist with the capital facility needs of the fire and rescue companies. Arcadia Route 50 East CPPA #4066/EAW Public Schools The residential component of the mixed-use development proposal is located in a school zone where Millbrook High School, Admiral Byrd Middle School and a new elementary school are developed. Therefore, adequate school facilities exist for the residential component of the mixed-use development project. It is anticipated that funds will be made available as the project develops to assist with the capital facility needs of the County Public Schools. Library The mixed-use development proposal does not provide land or space for the public library system. Therefore, it is anticipated that the residential component of the mixed- use development proposal will impact the public library system, most likely the Bowman Library located along Tasker Road. It is anticipated that funds will be made available as the project develops to assist with the retirement of debt service for the Bowman Library facility. Community Design and Housing The mixed use development proposal provides an opportunity to benefit the County by developing the project through established design guidelines that provide architectural design standards for commercial, office and residential structures. Additionally, land uses would be linked through a series of walkable street systems and pedestrian trails. The residential component of the mixed-use proposal will be high-end townhomes that are intended to provide commuters with housing opportunities adjacent to a primary commuter corridor. Architecture elevation renderings and floor plans are included within this application to demonstrate the products that would be developed within the mixed- use project. Economic Development The mixed-use development proposal provides an opportunity for economic development in the form of commercial and office land uses. These land uses will produce real estate, business and sales tax revenues, which far exceed the service costs associated with the development of high-end townhomes within the residential component of the mixed-use development. The County's Capital Facilities Fiscal Impact Model identifies a positive revenue source for capital facilities costs, while additional revenues will be realized for operational expenditures. Arcadia Route 50 East CPPA #4066/EAW Environment The subject site does not have areas of floodplain, wetlands or steep slopes as defined by County ordinances and mapping. The site drains to the east through natural drainage channels that are located within the wooded portion of the project site. The predominant soil types on the subject site are Berks-Channery and Blairton silt loams. These soil types are not identified as prime agricultural soils and are suitable for development. The development of commercial, office and residential land uses will be in conformance with all applicable state and local regulations; therefore, the proposed mixed use development will not negatively impact significant environmental features. Cultural Resources The subject site is not located within identified core battlefield areas or potential historic district areas. The Frederick County Rural Landmarks Survey identifies three structures within a 1/2 to one -mile radius of the proposed mixed use development that are listed as potentially significant. These structures are identified as the Carper -Wynn House (#34- 1129), the Wilt -Dunn -Arnold House (434-1131), and the Fuller -Chapman House (#34- 1133). These potentially significant structures are all located along Sulphur Spring Road and are not within the viewshed of the proposed mixed-use development. Therefore, the proposed mixed-use development will not negatively impact these potentially significant structures. Water and Sewer Facilities The proposed mixed-use development is projected to require approximately 50,000 gpd of potable water and account for approximately 41,000 gpd of sewer capacity. The Frederick County Sanitation Authority is the public water and sewer service provider for the subject site and has existing water and sewer infrastructure on the south side of Route 50 East within the Westview Business Center, which can be extended to the proposed mixed use development. The Frederick County Sanitation Authority has adequate source and infrastructure capacities at the James Diehl Water Treatment Plant and the Opequon Wastewater Treatment Plant to accommodate the proposed mixed use development water and sewer use projections. Therefore, the proposed mixed-use development will provide a benefit to the public water and sewer system through the installation and continuation of water and sewer transmission lines by the developer and through water and sewer tap fee revenues received from the project developer. Arcadia Route 50 East CPPA #4066/EAW Telecommunications The Route 50 East corridor and the future Route 37 eastern bypass adjoin the subject site, which are projected to be heavily traveled corridors. Telecommunication towers currently exist to provide coverage along the Route 50 East corridor. The proposed mixed-use project would not develop land uses that would negatively impact this corridor. Arcadia Route 50 East CPPA #4066/EAW OUTPUT MODULE APPLICANT: Omps Rezoning LAND USE TYPE Light Industrial REAL EST VAL $32,868,268 FIRE & RESCUE 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL $1,820,626 $196,790 $513,969 $59,412 $770,172 $770,172 $1,050,454 $6,366 LESS: NET FISCAL IMPACT $3,508,872 $3,508,872 $3,508,872 3 508 87$0 21 26 NET CAP. FACILITIES IMPACT $0 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Cc Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCE 1.0 1.0 Ratio to Cc Avg = 1.342 --------------------• --- p----------------- -------------------- - --------------------- ----------------- ---•---------------------- --------------------• --------------------- METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column ( zero if negative) ; included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg. for all residential development) . NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------ ------- ------ --- --------- ------------------------------------------ --------• ------------- --------- --------------------- --------------------• --------------- NOTES: Model Run Date May 2005 EAW Project Description: Arcadia Development Company Mixed -Use Development: Assumes 165 Residential Units; 200,000 sgft Office & 20,000 sqft Retail. I I I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL _______________________ ___________________I ----------------------- _ Net Fiscal Impact Costs of Impact Credit: Credits to be Taken for Future Taxes Paid ( NPV) Total Potential Adjustment For Required Capital Faciltiies ( entered in col sum onlyl Cur. Budget Cur. Budget Cap. Oper Cap Equip Expend/Debt S. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Taxes. Other ( Unadiustedl Cost Balance Facilities impact Dwelling Unit $189,151 $562,346 $0 $0 $189,151 $1,146 $356,712 $394,767 $89,298 $433,486 $522,784 $522,784 $791,041 $4,794 $201,396 $35,012 $45,388 $45,388 $45,388 $156,008 $946 $20,722 $34,595 $0 $9,792 $4,232 $9,792 $38,827 $9,792 $38,827 $25,220 $0 $153 $26,593 $33,927 $72,897 $80,483 $0 $26,5$0 $0 61 $1$0 $153,3810 $153,3811 SUBTOTAL $1,820,626 $196,790 $513,969 $59,412 $770,172 $770,172 $1,050,454 $6,366 LESS: NET FISCAL IMPACT $3,508,872 $3,508,872 $3,508,872 3 508 87$0 21 26 NET CAP. FACILITIES IMPACT $0 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Cc Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCE 1.0 1.0 Ratio to Cc Avg = 1.342 --------------------• --- p----------------- -------------------- - --------------------- ----------------- ---•---------------------- --------------------• --------------------- METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column ( zero if negative) ; included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project ( actual, or as ratio to avg. for all residential development) . NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------ ------- ------ --- --------- ------------------------------------------ --------• ------------- --------- --------------------- --------------------• --------------- NOTES: Model Run Date May 2005 EAW Project Description: Arcadia Development Company Mixed -Use Development: Assumes 165 Residential Units; 200,000 sgft Office & 20,000 sqft Retail. I I I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL _______________________ ___________________I ----------------------- _ % a N V Ku au N Lj v \Lj \N C LLI I L -J) 1 H 4X41 Iftl • LU N� -------- i cA l—,\, -N v1 11 v J) > w N, IN, Rof�TjAL FICE . ..... . . ,, to . ' ti ._✓f ; , t t '. /j��if i i//�.,pj{ ��'^,',,,,'--. , , [[ f �.r `. i � A I Will IT F-1 NJ `0 A\ 5�-TH OPI, 0 No-022837 IN, v N p, 0 . ..... rt AQU1. CENTV Rol \V DEVI(AL" 11.0✓ fff AC J Z L 4 N xx F, 0 X IF z I- W a- -N, LU -3 z % F, \ ", g IL LLI F4 OC� 0 X r-j) N 7-1 �'50 1 2 5! LLI 2 ` tt; � � j; o it � +1#'i f, Rf W LIJ < I I I/ I,, N 0 V) Lu IF /I I I it \N, \N- N DAM MAY 2005 IN --N I - ----- —11-�-N I, CN- "N\DESIGNED SCAM, I' - 400' BY. SBM "N FILE NO. 4066 <1 11 A lk SHEET I OF C Cr c Q Z Q' L LL r_ C C a a) L vJ L CU E CU J 06 U) 0 0 (i E c� Q a) c 0 U U �L a) L U_ ai U D 0 U) girpo /�/ R0, Rural Landmark Sites Map Comprehensive Policy Plan Amendment Proposal i 341129 I 'Arcadia = Med'us-e',509 Acres 34-1133 N =- E 7� s 0 50 1,0 0( 2,000 Feet Legend 0 Arcadia Development Company Property Rural Landmarks 34-1129 Carper -Wynn House 34-1131 Wilt -Dunn -Arnold House 34-1133 Fuller -Chapman House Prepared by: JTP GREEIMAVENGINEMNO May 2005 nffimmmnw�i,��� :vdY �� �r Y'w '���� L,,� r. v_ ��� , *1 Arp 1 A r 7t �F Likil 0 ry.. :3 THE WATSON Elevation C with Garage and Optional Brick Elevation A with English Basement Elevation B with Garage and Optional Brick Elevation C with Garage Stairs Vary w/ Basement conditkm First Floor Plan Opt. Bay Willow Opt. Bot say Window 9 Foyer Living Room ED 16'4"x 1112" Room Opt. Bay Window i 1111, i Sinus V -Y w/ Ife1[nlent Gondaw �•���� /i,��,aiiii9/i;Uif�,ppip/.rii�r�p,�if/Y'ii� iS�r a j 9 Foyer Living Room ED 16'4"x 1112" Arcadia Building Company at Tavistock Farms, Townhomes: 703-771-8281 Room Opt. Bay Window i 1111, i Sinus V -Y w/ Ife1[nlent Gondaw Opt. Box Bay Window First Floor Plan w/ Opt. 61 Breakfast & FamiIy Extension Arcadia Building Company at Tavistock Farms, Townhomes: 703-771-8281 Second Floor Plan Elevation A & B Bedroom BedroomI I r Elevation C Second Floor Plan w/ Opt. 6' Master Suite Extension The Watson Renderings and f loorplans are an artist's conception only and are subject to cbange. Actual product and specifications may vary in dimension and detail from tbese 2 drawings. Ibis brocbure is for illustrative purposes only and is not part of a legal contract. See Safes Representative for complete details. Woo o ioe IT"T u; >,-w18t.��-'£CsLF s En Ed E wa ...7 S)z THE OAXTER Elevation A with Garage and Optional Brick Elevation C with Englisb Basement and Optional Brick Elevation B with Garage Elevation C with Garage Opt. Box Bay Window I i Stain Vary w/ Basement Condition First Floor Plan Elevation A Foyer Living '10 �in�aa%ssr,'�a�.�c�ryicssy,�aX��rrrY.�;rr�r, i Breahfclst t __1 Rall Oven _ ! I Kitchen -10'-9" x 23'-0" Closet Knee M Family Room 10'0"x20'3" Dining Room 13'8"x 1013" 9 Ft. Ceiling Living Room 12'9".x 10151, It Ft. ceiling • diWbidaw i 1 1 1 1 1 1 1 1 1 1 I I I A Stairs Vary Id Sawnent Condlliml First Floor Plan w/ Opt. 6' Breahfast & Family Extension Foyer Living Room i y r �//i/..6i.4O.i36aAA�-%60.'%�HA,d.*//,oZ�i/.:Y.aiHa�•/i// i Elevation Arcadia Building Company at Tavistock Farms, Townbomes: 703-771-828 i Second Floor Plan Elevation A & C v Bedroom #2 C ra o' A' Elevation B Transom Above Second Floor Plan W/ Opt. 6' Master Suite Extension The Baxter Renderings and foorplans are an artist's conception only and are subject to cbange. Actual product and specifications may vary in dimension and detail from that 112r drawings. nis brocbure is for illustrative purposes only and is not part of a legal contract. See Sales Representative for complete details. 7/oo EQUAL erUINT, Fawd,r Hovm aeewY her, with Garage condition English Basement Elevation r/. t v y Elevation R Windows and Walkoul Avidlable Fa Lot Partial Basement w/ opt. 6' Extension (not to scale) Sunroom 91" x 12'0" E Powder Room Croset UP Windmvs and Walkout Available Per lot Fireplace Recreation Room 21'0"x 16'10" s i t Garage 11'1" x 19'9" Elevation B with English Basement and Optional Brick SHE ../tNSEL Elevation C with English Basement Elevation A with Garage and Optional Brick Elevation B with Garage Elevation C with Garage and Optional Brick Opt. Bay Window Opt. Box Bay Window Stairs Vary w/ Basement Gmdiaon First Floor Pian Elevation A Foyer nLiving'or Foyer Living Room Elevation C Family Room 10'4"_x17'7" Vp Powder Room up �I lasct Foyer � C Breakfast Nook L 11'4"x19'6 Island Dining Room 11'4"xIPI" Living Room 11'7"x12'0" Opt. Bay Window I Opt. Box Bay Window Stairs Vary w/ Hmet ent Condition First Floor Plan w/ Opt. 6' Breakfast f2' Family Extension Partial First Floor Plan wi Opt. Gourmet Kitchen Second Floor PIan Elevation A & B i'ra /I t Bedroom Elevation C Second Floor Plan w/ Opt. 6' Master Suite Extension The Ansel .. Renderings and f loorplans are an artist's conception only and are subject to change. Actual product and specifications may vary in dimension and detail from These drawings. This brocbure is for illustrative purposes only and is not part of a legal contract. See Saks Rrprtsentative for complete details. 7/00 .111-0XWO"Iim English Basement EIevation A & B utility D, Room Arcadia Building Company at Tavistock Farms, TotonhomfS, 703--771-8281 Laundry washcr/ Drycr Arra Powdcr� Room Windows and Walkout Available Per Lot Up Pura Utility Room Sunroom 9'1"x 1160 Recreation Room I.S16"x14'2" Garage Basement Garage I I'6"x20'I" Windows and Walk -Out Available Per Lot Fireplace Recreation Room 2I'0"zI5'9" Power Rom V d occurs here Pawdcr with Garage Room f— - ---�--I condition waclud , z UP dry Partial Basement Wi opt. 6' Extension STATE OF VIRGINIA COUNTY OF FREDERICK This 27th day of May, 2005, (Day) (Month) (Year) I, Eli Reinhard, ( wn Contract Purchaser/Authorized Agent) (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. 1+ wne ontract Purchaser/Authorized Agent) (Circle One) County of L -Dc 1) i'n— c n ro,— Subscribed and sworn to before me this % da of " Y .�in my County and State aforesaid, by the of e e P ' i 1. My Commission Expires:'""ci�c L� NOTARY P GINA GOMEZ Commission # 1353060 Z Notary Public - California Santa Clara County My Comm. Expires Apr23, 2006 My Commission Expires:'""ci�c L� NOTARY P Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Arcadia Development Co. (Phone) (540) 751-0321 x179 (Address) P.O. Box 1150, Purcellville. VA 20134 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040026667 on Page and is described as Parcel: 65 Lot: 116 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ® Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) hay.,e her et my (our) hand and eal this 3 day ofJune, 200 5 Signature(s) A rcadia Development Co. by Eli Reiand P esidept State of V-tgia, City/C my of To -wit: I, C -M a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in a jurisdiction aforesaid this 3 `d day of 200. t�i My Commission Expires: fo,'f1 Notary Public— 5 GENA C,OMEZ tZ cormnisslon S 135 Santa Clara County My Grxnrn, t xplms Apr 23, 2006 • C� • PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. 006-90 Revised 9/14/90 1, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number 006-90, referred to as the Perry property rezoning, and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70) fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant; property owner. The said road connection from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road connection as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights-of-way. 7. The applicant desires to donate $5,000.00, in cash, at the time of transfer of the first building lot or issuance of the first grading permit and an additional $5,000.00, in cash, at the time of the second building lot or issuance of the second grading permit to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. Should the entire site be transferred one parcel, the Appliant will make a $10,000.00, in cash, donation to the Greenwood Fire Company to be used for their needs. Kathryn M. Perry This ordinance shall be in effect upon its passage. Passed this 26th day of September, 1990. A Copy Teste John R% Riled, J . Frederick County,Administrator ITEM #2 CPPA #09-05 — Bowman -Shoemaker At the July 11, 2005 joint work session of the Board of Supervisors, Planning Commission and Comprehensive Plans and Programs Subcommittee (CPPS), eleven Comprehensive Policy Plan Amendment (CPPA) applications were reviewed. Of these eleven requests, two, including the Bowman -Shoemaker Property, were considered by the Board of Supervisors to merit further study and formal action through the full review process. The first step in that process is for study and consideration by the CPPS. The CPPS will then forward its recommendations to the Planning Commission. The Bowman -Shoemaker application is attached. Listed below are some basic facts about CPPA application #09-05: s 4 parcels; • Outside of the existing UDA and SWSA; • Adjacent to Sherando High School; 0 80 acres; 0 30.6 acres zoned B2, currently planned commercial along Route 277 0 49.4 acres zoned RA with no current land use designation o Requested land use — Residential & Business. Ten acres of this property (PIN #86-A-81) were rezoned from RA to B2 with proffers in January 2003. I have included the proffers and an exhibit from that rezoning, so you will be aware of what aspects of the current proposal have already been determined. Twenty two acres of the property (PIN # 86-A-80) were rezoned from RA to B2 with proffers in October 1989. (Note: parcel size has changed slightly.) Again I have included the proffers to set the new application into context. The applicant has included in his application a Zoning and Location Map which clearly shows the existing zoning. Thus you will see that CPPA #09-05 includes many features which are not new features and can happen regardless of this CPPA application. These include: * Commercial development on 30.6 acres along Fairfax Pike (Route 277) once water and sewer is available; • Construction of right and left turn lanes along Route 277 onto parcel 86-A-80; • Right-of-way along Route 277 with parcel 86-A-81; • A new road (60' right-of-way) through parcel 86-A-81 A signalization agreement for a light at intersection of Route 277 and the new road; o A ten foot easement along Route 522 (parcel 86-A-81) for a bike trail. -4- The application references a number of roads that are not part of the County's Eastern Road Plan. The application notes the Metropolitan Planning Organization (MPO) Vision Plan which calls for Warrior Drive to be realigned and extended south to a new Interstate 81 Exit 307 interchange. The Transportation Improvement Plan Map included in the application shows a Stephens City Western Bypass, which is also not included in the County's Eastern Road Plan. This application is seeking to bring 80 acres of land into the UDA. Thirty and six tenths (3u.b) acres are aii,�aay zoi)eU for cornn7ter-cial deveiopnlent ` ffich can tdi:e piace witilotrt this CPPA request as soon as the SWSA is extended to cover this area. Forty nine and four tenths (49.4) acres are proposed for residential development. The residential development is dependent on the UDA expansion request being approved. The applicant is proposing to set aside five acres of the residential portion for Sherando High School use. The applicant has not suggested text for a future land use plan for this 80 acre development. If the CPPS recommends approval of this UDA expansion request, staff can prepare text, based on the comments of the CPPS members, to accompany the UDA expansion. This will insure that an appropriate mix of commercial and residential uses, including residential types, in accounted for in an expanded UDA. -s- Section 1 - Comprehensive Policy Plan Amendment Project: Bowman -Shoemaker Companies — Route 277/Warrior Drive Proposal Ownership Information: Name Bowman -Shoemaker Companies c/o Beverley B. Shoemaker, President Address P.O. Box 480 Stephens City, VA 22655 Telephone (540) 869-1800 Applicant Information: Name Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Telephone (540) 662-4185 Subject Property Information: Parcel ID# 86-((A))-78; 86-((A))-79; 86-((A))-80 & 86-((A))-81 Magisterial District Opequon District Acreage 79.41 acres Zoning B-2, Business General District & RA, Rural Areas District Comprehensive Plan Designation No Future Land Use Designation Proposed Zoning B-2, Business General District & RP, Residential Performance District Proposed Comprehensive Plan Designation Mixed Use Designation Adjoining Property Information: Please refer to the Adjoining Property Map and Adjoining Property Ownership Table that is included in this section for all properties within a 1/2 mile radius of the subject site. Bowman -Shoemaker CPPA #4227/EAW Adjoining Property Information Project: Bowman -Shoemaker Companies — Route 277 Mixed Use Proposal The following adjoining property information is numbered to be consistent with the numbering that is utilized on the attached Adjoining Property Map. The adjoining property information is provided for all parcels that are within a %2 mile radius of the subject site. NAME TAX MAP # ADDRESS 1. Marie McClellan 86 -A -79A 307 Brandy Lane, Stephens City, VA 22655 2. Frederick County School Board 86-A-117 1415 Amherst Street, Winchester, VA 22601 3. Gregory A. Butcher 86 -A -117A 712 Fairfax Pike, Stephens City, VA 22655 4. Clarence & Norma W. Lucas 86-A-104 694 Fairfax Pike, Stephens City, VA 22655 5. No Owner Listed 86 -A -102A 6. John B. & Clara E. Shiflett 86-5-G 637 Fairfax Pike, Stephens City, VA 22655 7. Stephens City Storage, LLC 86-5-F 127 Mercedes Court, Winchester, VA 22603 8. Donald R. Shiflett 86-5-H 597 Fairfax Pike, Stephens City, VA 22655 9. Donald R. Shiflett 86-6-E 597 Fairfax Pike, Stephens City, VA 22655 10. Douglas E. Axline 86-5-C PO Box 659, Stephens City, VA 22655 11. Sandra Kay Strawderman 86C-3-1 573 Fairfax Pike, Stephens City, VA 22655 12. Waddell P. Herbaugh 86-5-A 561 Fairfax Pike, Stephens City, VA 22655 13. David B. Holliday 86-A-90 420 W. Jubal Early Drive #103, Winchester 22601 14. David B. Holliday 86-A-89 420 W. Jubal Early Drive #103, Winchester 22601 15. Georgetown Court HOA 86C -2-1A RR 1 Box 198, Stephenson, VA 22656 16. Joseph W. Jr & Alice M. Athey 86-A-87 469 Fairfax Pike, Stephens City, VA 22655 17. Joseph W. Jr & Alice M. Athey 86-A-86 469 Fairfax Pike, Stephens City, VA 22655 18. James L. & Jane H. Bowman 86-A-82 PO Box 480, Stephens City, VA 22655 19. E.R. Neff, Inc. 86-A-77 PO Box 1027, Stephens City, VA 22655 20. E.R. Neff Excavating, Inc. 86 -A -77A PO Box 1027, Stephens City, VA 22655 21. E.R. Neff Excavating, Inc. 86-A-75 PO Box 1027, Stephens City, VA 22655 22. E.R. Neff Excavating, Inc. 86-A-74 PO Box 1027, Stephens City, VA 22655 23. Sandra H. Conner 86-A-73 PO Box 818, Stephens City, VA 22655 c/o Sandra H. Slack Bowman -Shoemaker Route 277 #4429/EAW Section 2 - Comprehensive Policy Plan Amendment Project: Bowman -Shoemaker Companies — Route 277 Mixed -Use Proposal A land use plan has not been developed for the Route 277 corridor; therefore, the goals and strategies associated with a mixed-use development proposal are important. The following goals and strategies from the Comprehensive Policy Plan are provided to demonstrate how the proposed mixed-use development meets these objectives. The on- going Urban Development Area Study may want to consider the development of a small - area land use plan for this portion of the Route 277/Warrior Drive corridor. Comprehensive Policy Plan Goals & Strategies ➢ Provide sufficient land for a competitive market within the UDA ➢ Support a business climate conducive to economic activity and orderly economic growth ➢ Develop land according to the characteristics of the land and the facilities available ➢ Provide key economic development sites ➢ Provide a safe and efficient road system throughout the County ➢ Provide for adequate and safe pedestrian and bicycle travel Bowman -Shoemaker Route 277 CPPA #4429/EAW e� 1 i _ ;1 Y, Introduction Project: Bowman -Shoemaker Companies — Route 277 Mixed -Use Proposal Bowman -Shoemaker Companies and Greenway Engineering have prepared a mixed use development proposal, which provides for commercial retail, office and residential land use within a planned setting that will be developed as a walkable community with compatible design standards. The location of the proposed mixed-use development provides an opportunity to link economic development, employment, residential and public facilities and provide for future intermodal transportation systems. The Route 277 corridor is recognized as a developing commercial and residential corridor, which is planned for future expansion. The Route 277 corridor is home to the Sherando High School campus and the Sherando Regional Park facilities. Furthermore, significant components of the regional transportation network exist, or are planned for this portion of the County. The Metropolitan Planning Organization Vision Plan identifies the need to extend Warrior Drive to connect Route 277 to the new Interstate 81 Exit 307 interchange, which is recognized as one of the most significant regional transportation improvements serving the future transportation needs of the community. The mixed-use development proposal will allow for the realignment of South Warrior Drive, which currently terminates at the Sherando High School campus. This realignment will allow for this segment of the Warrior Drive extension to occur at developer expense without impacting the high school campus. Furthermore, the provision of the mixed-use development road systems will allow for overflow event traffic to access Route 277 at signalized intersection points, which will benefit the public school and public park facilities. Section 1 provides technical information including property data, ownership and contact data, as well as Comprehensive Policy Plan data. Adjoining property ownership information is included in this section, as well as mapping, which identifies properties within a certain radius of the subject site. Section 2 identifies current Comprehensive Policy Plan goals and strategies that are relevant to the mixed-use development proposal. Additionally, information is provided that suggests additional goals and strategies for inclusion as a Comprehensive Policy Plan Amendment for this geographic area of the County. Section 3 provides justification for the Comprehensive Policy Plan Amendment and identifies benefits and impacts associated with the mixed-use development proposal as it relates to 14 different community criteria. Additional information pertaining to capital facilities impacts is included in this section utilizing the County's Capital Facilities Fiscal Impact Model. Finally, a proposed land use plan has been incorporated into this section to delineate the general location of commercial, retail, office, residential and public facility land uses and transportation facilities. Section 4 provides a series of thematic mapping, which has been created to provide a visual reference to the 14 different community criteria that is discussed in the previous section. These include a Community Facilities and Services Map, a Water and Sewer Map, an Environmental Features Map, a Cultural Resources Map and a Soils Map. Bowman -Shoemaker Route 277 CPPA #4429/EAW 0 r-41 LJy 47 301" ;7n 'An's ow ®r - JC I ON OrllffilqO elmv� 41 4 ka ioll fiu ti 81 '4fl 44 44F es, MWAPI : -IYO Section 3 - Comprehensive Policy Plan Amendment Project: Bowman -Shoemaker Companies — Route 277 Mixed -Use Proposal Justification: Bowman -Shoemaker Companies has acquired four parcels of land totaling 79.14 acres located on the south side of Route 277 that is currently zoned B-2, Business General District and RA, Rural Areas District. The Bowman -Shoemaker Companies Corporate Office is located on a portion of the B-2 acreage, which is planned for additional office use. The Route 277 corridor is recognized as a developing commercial and residential corridor, which is planned for future expansion. The Route 277 corridor is home to the Sherando High School campus and the Sherando Regional Park facilities. Furthermore, significant components of the regional transportation network exist, or are planned for this portion of the County. Bowman -Shoemaker Companies and Greenway Engineering have prepared a mixed use development proposal, which provides for commercial retail, office and residential land use within a planned setting that will be developed as a walkable community with compatible design standards. The location of the proposed mixed-use development provides an opportunity to link economic development, employment, residential and public facilities and provide for future intermodal transportation systems. The Metropolitan Planning Organization's Vision Plan identifies the need to widen Route 277, which can be accommodated by the mixed-use development proposal. More importantly, the MPO Vision Plan identifies the need to extend Warrior Drive to connect Route 277 to the new Interstate 81 Exit 307 interchange, which is recognized as one of the most significant regional transportation improvements serving the future transportation needs of the community. The mixed-use development proposal will allow for the realignment of South Warrior Drive, which currently terminates at the Sherando High School campus. This realignment will allow for this segment of the Warrior Drive extension to occur at developer expense without impacting the high school campus. Furthermore, the provision of the mixed-use development road systems will allow for overflow event traffic to access Route 277 at signalized intersection points, which will benefit the public school and public park facilities. The mixed-use development proposal is justified at this location for the reasons stated above, which are further justified in the Impacts and Benefits section below. The approval of the Bowman -Shoemaker Companies' Comprehensive Policy Plan Amendment would not necessitate a revision to the Frederick County Comprehensive Policy Plan, as no large area or small area land use plan has been developed for this geographic area of the County, and the mixed-use development proposal meets several of the Comprehensive Policy Plan goals and strategies, which are further defined in Section Two of this application. Bowman -Shoemaker Route 277 CPPA #4429/EAW Impacts and Benefits: Land Use The mixed-use development proposal will benefit the County by providing commercial retail, office and residential land uses that are connected through a series of streets sidewalks and pedestrian/bicycle trails. The proposed land plan identifies commercial retail and office land use along the Route 277 corridor that will provide commercial services and employment opportunities, while residential land use is located to adjoin the commercial areas, as well as the Sherando High School and Sherando Park facilities. The location of the residential land uses provides an opportunity to allow future residents to access commercial services and public educational and recreational facilities by means other than vehicular travel. Furthermore, the mixed-use development proposal provides approximately five acres for Public School Use to allow for additional recreational fields that cannot be developed on the Sherando High School campus, which can also provide a recreational benefit to the community. Transportation The proposed mixed-use development will benefit the community by providing the opportunity to develop important transportation linkages from existing and future developments to the Route 277 corridor, and by providing the Sherando High School campus with an opportunity to have additional access to other signalized intersections during overflow events. The Metropolitan Planning Organization's Vision Plan identifies the continuation of Warrior Drive from Route 277 to the new Interstate 81 Exit 307 interchange as one of the most significant transportation improvements that will serve the region in the future. The current configuration of South Warrior Drive will need to be realigned to avoid impacts to the Sherando High School campus; therefore, the proposed mixed-use development will allow for this to occur and will cause for the construction of this segment of the regional improvement. Community Facilities and Services Public Schools The mixed-use development proposal provides a transportation benefit to the Sherando High School campus by creating additional travel routes that will allow overflow event traffic to access Route 277 and Route 641 at signalized intersections. The residential development land use plan demonstrates the ability to provide for the continuation of South Warrior Drive, which will allow for the realignment of the segment located on the Sherando High School site without impacting the existing campus facilities. Additionally, a five -acre site is identified on the subject property that will be made available to Public Schools for athletic fields. Bowman -Shoemaker Route 277 CPPA #4429/EAW Public Parks The mixed-use development proposal provides an opportunity to continue the Sherando public pedestrian and bicycle trail facility from its terminus at South Warrior Drive through the project site towards Route 277 and Route 641. This will continue the public trail system to the west towards the public trail system that is proposed to be developed from the Racey tract. Additionally, the development of internal road systems will provide an opportunity for Sherando High School to redirect overflow event traffic to new routes that will intersect Route 277 and Route 641 at signalized intersections. Furthermore, it is anticipated that funds will be made available as the project develops to assist with the capital facility needs of the regional park system. Fire & Rescue The mixed-use development proposal does not provide land for a future fire and rescue station; therefore, the project will place additional demands on fire and rescue services. It is anticipated that funds will be made available as the project develops to assist with the capital facility needs of the fire and rescue companies. Library The mixed-use development proposal does not provide land or space for the public library system. Therefore, it is anticipated that the residential development proposal will impact the public library system, most likely the Bowman Library located along Tasker Road. It is anticipated that funds will be made available as the project develops to assist with the retirement of debt service for the Bowman Library facility. Furthermore, the property owner is a benefactor of the Bowman Library as is evident by the facility's name. Community Design and Housing The mixed-use development proposal provides an opportunity to plan pedestrian scale commercial and residential land uses that are connected to promote a walkable community. Additionally, opportunities exist to promote corridor enhancements along Route 277 and to utilize compatible signage, lighting and rooflines that are complimentary throughout the mixed-use development. The proximity of the mixed-use development to existing public school and public park facilities suggests that a mixture of residential products should be developed to afford opportunities for different economic levels to reside within close proximity of enhanced transportation systems, commercial service and employment areas and public educational and recreational facilities. Bowman -Shoemaker Route 277 CPPA #4429/EAW Economic Development The mixed-use development proposal provides an opportunity for economic development and employment in the form of commercial retail and office land uses. These land uses will produce real estate, business and sales tax revenues, which far exceed the service costs associated with the residential land use component of the project. The County's Capital Facilities Fiscal Impact Model identifies a positive revenue source for capital facilities costs, while additional revenues will be realized for operational expenditures. The location of the commercial component at the intersection of Route 277 and Warrior Drive makes this a very attractive commercial corner today, as well as in the future when Warrior Drive is extended to connect to the relocated Interstate 81 Exit 307 interchange. Environment The subject site does not have areas of floodplain, wetlands or steep slope as defined by County ordinances and mapping. The site drains to the north and east through natural drainage swales that are very broad and gentle due to the existing topographic conditions. The predominant soil types on the subject property are Blairton and Berks-Channery silt loams. These soil types are identified as prime agricultural soils and are suitable for both agriculture and higher intensity development. Cultural Resources The subject site is not located within identified core battlefield areas or potential historic district areas. The Frederick County Rural Landmarks Survey does not identify any potentially significant structures or properties within a one -mile radius of the proposed mixed-use development; therefore, this project will not have a negative impact to these cultural resources. The location of these structures and properties are identified on the attached Rural Landmark Sites Map. Water and Sewer Facilities The proposed mixed-use development is projected to require approximately 105,000 gpd of potable water and account for approximately 84,000 gpd of sewer capacity. The Frederick County Sanitation Authority is the public water and sewer service provider for the subject site and has existing water and sewer infrastructure along Route 277 that is accessible to the property. The Frederick County Sanitation Authority has adequate source and infrastructure capacities at the James Diehl Water Treatment Plant and the Parkins Mill Wastewater Treatment Plant to accommodate the proposed mixed-use development water and sewer use projections. Therefore, the proposed mixed-use development will provide a benefit to the public water and sewer system through the installation and continuation of water and sewer transmission lines by the developer and through water and sewer tap fee revenues received from the project developer. Bowman -Shoemaker Route 277 CPPA #4429/EAW Telecommunications The Route 277 corridor and the Warrior Road corridors adjoin the subject site, and are projected to become two of he most Wiiized corridors within this geographic area of the County. Telecommunication towers currently exist to provide coverage along the Route 277 and Warrior Road corridors. The proposed mixed-use development would not propose land uses that would negatively impact this corridor. Bowman -Shoemaker Route 277 CPPA #4429/EAW OUTPUT MODULE APPLICANT: Omps Rezoning Net Fiscal Impact LAND USE TYPE Light Industrial Costs of Impact Credit: Credits to be Taken for Future Taxes Paid ( NPV) Total Potential Adjustment For I REAL EST VAL $52,970,177 Required ( entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 11 I Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes. Other ( Unadiusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $359,169 $0 $0 $359,169 $1,306 I Elementary Schools $1,091,161 Middle Schools $657,575 $176,892 $858,701 $1,035,593 $1,035,593 $1,599,464 $5,816 I High Schools $886,322 Parks and Recreation $390,683 $88,047 $88,047 $88,047 $302,636 $1,100 Public Library $67,920 $18,595 $18,995 $18,995 $48,9 $1 I Sheriffs Offices $40,198 $49,609 $0 $8,210 $57,819 $57,819 $0 $0 $0 $0 Administration Building $51,587 $0 $0 $0 $51,5 $1 I Other Miscellaneous Facilities I $65,814 $102,195 $112,830 $215,024 $215,024 $0 $0 $0 $0 I SUBTOTAL $3,610,428 $328,696 $971,531 $115,253 $1,415,479 $1,415,479 $2,194,949 $7,982 I LESS: NET FISCAL IMPACT $8,954,477 $8,954,477 $8,954,477($8,954,477)32.56Z NET CAP. FACILITIES IMPACT I $0 $0 I INDEX: "1.0" If Cap. Equip Included 1.0 I INDEX: "l Z if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 I I----------------------- -------------------- PLANNING DEPT PREFERENCE 1.0 1.0 - --------------------- ---------------------- Ratio to Co Avg = 1.342 METHODOLOGY 1. ------- --------------- ----------------------- Capital facilities requirements are input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I ( zero if negative) ; included are the one-time taxes/fees for one year only at full value. I 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. I 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. I 5. NPV of future taxes paid to bring current county up to standard for new facilities, as I calculated for each new facility. I 6. Columns three through five are added as potential credits against the calculated capital I facilities requirements. These are adjusted for percent of costs covered by the revenues I I from the project ( actual, or as ratio to avg. for all residential development) NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are I-------------- -------- ------------------------------------------- debt financed. ----------- ----------- NOTES: Model Run Date May 2005 EAW I I Project Description: Bowman -Shoemaker Companies Mixed -Use Development: Assumes 275 Residential Units; 100,000 sgft Office & 200,000 sqft Retail. i I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I 2002MODEL I --------------------- --------------------- ---------------------- --------------------- ----------------------- lul cc 'o CD cv 3. 'CIO, AIRFAX I TLU . cv ..... ... otcvl Q 0 ov o/ COMMERCIAL 0 'Ex 2 COMMERCEAL 0 Q3 LU w 0 -05 Or rim cc fl,'N"�,""N" cc 10 U) Z mj RESIDENTIAL-- A-- z IL Pl/ RESIDENTIAI IV , n Do ------ m- Igo 1 'O t x .e s f .-., � t M 1 i ^ :a" 1 .--,✓ z , _j 7r LLI C3 v CC U) LU E— '�V, RSIDENT11AA ry JU U) ti,XIA pp 02 �D w Z oc U U0 2 LU 7 Z-1 0 C) --- ------- !... 5X cc F DATE: MAY, 2005 SCALE: 1** = 300' DESIGNED BY SBW 0 0 300 JOB NO. 4429 mmmm� -- SCALE: 1 300' SHEET I OF Transportation Improvements Plan Map Comprehensive Policy Plan Amendment Proposal v m U ULLUILD O \ O Bowman -Shoemaker Om Mixed Use (' ti 124.84 Total Acres �r _o a� New E Exit,j07tf a M CL 0 0 C O U U L a S LL 6 0 1,000 2, 00 4 00 Feet O Prepared by: JTP May 2005 MSheranogo j Rural Landmark Sites Map Comprehensive Policy Plan Amendment Proposal I ' y FarifaX Pik je �\ Bowman Shoemaker , / 7 `a r , Mixed;Use 641 \ / �0 500 ' /� i et \� Legend 0 Shoemaker Property Rural Landmarks \ / 34-69 LaGrange _- --- 34-300 Family Drive -In ` F\ v 34-1003 Sycamore Hill 34-1004 Grand View Prepared by: JTP Cherry 34-1078 Cher Dale G AYG#N NG 1_ _ 34-1209 Wise-Ritenour House May 2005 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Elizabeth Prpperties, LC -Beverley B. Shoemaker, President (Phone) (540) 869-1800 (Address) PO Box 480, Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030001543 Instrument No. 020016888 Instrument No. 040015483 Deed Book No 103 on Page 134, and is described as Parcel: 86 Lot: 78 Block: A Section: Subdivision: Parcel: 86 Lot: 79 Block: A Section: Subdivision: Parcel: 86 Lot: 80 Block: A Section: Subdivision: Parcel: 86 Lot: 81 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan X Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Signatures) "hereltio lty 1f)e�nLAG�/ In witness thereof, I (we) ha my (our) hand and seal this __7-13ay of U v, 2001 State of Virginia, City/County of Frederick, To -wit: I, Donna L. Meliso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowl ed the same beforemein the jurisdiction aforesaid this ski day of tJ, 200. '7 l��� My Commission Expires: February 29, 2008 Notary Public STATE OF VIRGINIA COUNTY OF FREDERICK This �rd day of�, (Day) (Mont) (Year) I, Beverley B. Shoemaker President (Owner/Contract Purchaser/Authorized Agent) (TO BE COMPLETED BY APPLICANT) SUBJECT PROPERTY OWNERS AFFIDAVIT County of Frederick, Virginia Frederick Planning Web Site: vaW,-co.frederick.va.u; hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. 8 (Owner/ ontract Purchaser/Authorized Agent) 20MMONWEALTH OF VIRGINIA: (Circle One) �ounty of Frederick subscribed and sworn to before me this day o, o in my County and State aforesaid, �y the aforenamed Principal. NOTARY P �IC ly Commission Expires 31 a C: C� C-: Greenway Engineering June 21, 2002 Bowman/Shoe_,.aker Companies October 14, 2002 Rezoning November 20, 2002 BOWMAN/SHOEMAKER COMPANIES REZONING Tag Parcel 86-((A))-81 Opequon Magisterial District 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 applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business General (132) District; 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 conditions may be subsequently amended or revised by the applicant 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 proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by James L. Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book 332 Page 340 recorded in the Frederick County Clerk of Courts Office. A.) Use and Structural Development of Property 1.) The applicant hereby proffers to develop the property for office and commercial use only and limit the total structural area to 100,000 square feet for the entire 10.09 -acre site. 2.) The applicant hereby proffers to develop the 10.09 -acre site in two phases. Phase I will be limited to 5,000 square feet of office space and Phase II will account for the balance of the proffered total structural square footage for the 10.09 -acre site. 3.) The applicant hereby proffers to utilize the existing 3,596 -square -foot structure on the 10.09 -acre parcel for office use in Phase 1. 4.) The applicant hereby proffers to prohibit any development of office or commercial use in Phase lI until the 10.09 -acre parcel is authorized to have public sewer service. File #3269/EAW Greenway Engineering June 21, 2002 Bowman/Shoe.itaker Companies October 14, 2002 Rezoning November 20, 2002 5.) The applicant hereby proffers to prohibit the development of the following land uses on the 10.09 -acre site: Use SIC Electric, gas and other utility facilities and offices 49 Retail nurseries and lawn and garden supply stores 526 Automotive dealers (excluding gasoline service stations SIC - 5541) 55 Hotels and motels 701 Organizational hotels and lodging 704 Car washes 7542 Miscellaneous repair services 76 Golf driving ranges and miniature golf courses 7999 Membership organizations 86 Self-service storage facilities ----- Commercial batting cages operated outdoors ----- Adult care residences and assisted care facilities ----- Adult retail ----- B.) Transportation 1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route 277) for future road improvements by Virginia Department of Transportation in accordance with the preliminary engineering documents identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE -101, RW 201, C-501. 2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection with Fairfax Pike to the southern limits of the 10.09 -acre parcel as a Phase II improvement in accordance with the attached Exhibit A, attached to and made part of these proffers. This right-of-way will be designed and constructed as a part of the first site plan in Phase II which accesses the 60' right-of-way. 3.) The applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation for the installation of a traffic signal at the intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement shall be executed with the Virginia Department of Transportation prior to the approval of the first site plan in Phase II, which accesses the 60' right-of-way. 4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to utilize the existing loop driveway only for the Phase I office development. 5.) The applicant hereby proffers to limit the 10.09 -acre site to a total of two intersection points. The existing loop driveway for the Phase I office development shall account for one of the intersection points until the connection is severed from Route 277. File #3269/EAW Greenway Engineering June 21, 2002 Bowman/Shoeii,aker Companies October 14, 2002 Rezoning November 20, 2002 6.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement along the Fairfax Pike (Route 277) property frontage for the purpose of allowing the development of a bicycle facility as identified by the Frederick County Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the appropriate entity prior to the construction of the bicycle facility. 7.) The applicant hereby proffers to limit the development within Phase II to a total of 250 vehicle trips per day (VPD) for that phase until the improvements to Fairfax Pike are provided in accordance with the preliminary engineering documents identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE -101, RW 201, C-501. A detailed traffic study will be provided for each site plan proposed in Phase II to ensure that an acceptable level of service is maintained on Fairfax Pike resulting from the traffic generations from this site. All traffic studies prepared for site plans within the Phase II development will be in accordance with the Virginia Department of Transportation's guidelines and procedures. Development within Phase II will only occur if an acceptable level of service for Fairfax Pike is proven through the traffic study process. C.) Lighting The applicant hereby proffers that all building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Pole -mounted lights will not exceed 25 feet in height. Lighting plans will be submitted for each site plan in Phase II for review and approval by the Frederick County Planning Department prior to installation. D.) Parking Lot Location and Design The applicant hereby proffers that all parking lots constructed in Phase II will be located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth berm that is a minimum of three (3) feet in height will be installed within the 20 -foot parking lot setback distance and will be landscaped with evergreen shrubs that are a minimum of 24 inches in height at the time of planting to create a visual separation between Fairfax Pike and the parking Iots for the office buildings. E.) Business Signs The applicant hereby proffers that all freestanding business signs will be monument type construction and that pole mounted signs will be prohibited. No monument sign will exceed 15 feet in height or 100 square feet in area for the message portion of the monument sign. Fite #3269/EAW 3 Greenway Engineering June 21, 2002 Bowman/Shoei„aker Companies October 14, 2002 Rezoning November 20, 2002 F.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above-described property hereby voluntarily proffer that in the event rezoning application # is approved, and the property is subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City Volunteer Fire & Rescue Company for capital facilities costs This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following approval of the rezoning by the Board of Supervisors. G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and 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: _02 _ Beverley . hoemaker Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me thisc9/j/day of Ale, t—Z — Notary Public Public My Commission Expires4 ��6j File #3269/EAW 4 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission: September 6, 1989 Board of Supervisors: October 11 1989 An ordinance amending the zoning district map for application # 013--89 of Capitol Properties, Inc. WHEREAS, Rezoning application #013-89 of Capitol Properties, Inc. to rezone 22.23 acres from RA (Rural Areas) to B-2 (Business General), located south and adjacent to State Route 277, and east of State Route 641 approximately 1.5 miles east of Stephens City, tax map 86, parcel 80, in the Opequon District was referred to the Planning Commission on August 2, 1989; and WHEREAS, the Planning Commission held a public hearing on this application on September 6, 1989; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on October 11,1989; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, RESOLVED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 22.23 acres from RA (Rural Areas) to B-2 (Business General) located south and adjacent to State Route 277 and east of State Route 641, approximately 1.5 miles east of Stephens City, tax map 86, parcel 80, in the Opequon District as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: REZONING PROFFERS APPLICATION #013-89 We the undersigned, sole owners and the rezoning applicant for the Subject Property, hereby voluntarily proffer that in the event the Subject Property is rezoned by the Board of Supervisors of Frederick County, Virginia to the B-2 zoning district, the development of the property shall be in substantial conformance with the following conditions: (A) Transportation (1) The applicant supports the proposed Golladay Expressway in concept and the proposed route as conceptually shown on the Preliminary Alignment plat prepared by Gilbert W. Clifford & Associates, Inc., hereafter referred to and attached hereto as Exhibit #1. (2) Access to the property shall be provided via Virginia Route 277. There shall be a maximum of three (3) curb cuts or access points onto Route 277. Applicant shall reserve one (1) of these access points for connection to the Golladay Expressway. Internal access shall be provided to all uses and lots on the subject property so that all uses can be mutually accessed without entering onto Route 277. (3) Applicant shall dedicate necessary right-of-way for right and left turn lanes and bond for construction of said right and left turn lanes for each access point, in accordance with VDOT standards, at site plan approval. All work required for up to three adequate road connection including improvements within the VDOT right of way of Route 277 shall be constructed or funded by applicant less and except a traffic light system which, if necessary, shall be provided by others. (B) Screening and Bufferin (1) Existing trees with a trunk diameter greater than six (6) inches shall be preserved if possible. Buffer strips along the southern and western property line shall be preserved at a minimum of twenty (20) feet in width. Trees six inches (611) and above in diameter shall be catalogued. If more than 25% of these trees must be removed to effectively develop this site, then a deciduous sapling not less than six feet (61) in height shall be placed in another location on site, for each tree displaced. (2) A minimum of five percent (5%) of the interior of the parking lot shall be landscaped planting islands. Existing vegetation may be retained where practical. Vegetation for the planting islands may include a mixture of trees, shrubs, flowers, and grass. (3) All exterior lighting shall be directed on-site and shall be non -glare so as to minimize the impact on the adjoining properties. (4) A minimum spacing of 50 feet shall be provided between all freestanding business signs. No business sign shall exceed 100 square feet in size. (5) Deed restrictions, covenants, dedications, or development -related documents shall be submitted to and reviewed by the Zoning Administrator prior to their recordation to insure that provisions have been made for coordination of uses, architectural styles, signs, and landscaping. (C) Sewer The applicant shall secure sewer access from the north. Sewer will be brought to the site at no expense to Frederick County. (D) Storm Water Management A storm water management system, including silt fences and run-off ponds, shall be in place prior to the commencement of any grading work. (E) Phasing It is expected that full development of this site will require several years. Permits for individual uses in accordance with B-2 zoning may be requested at any time prior to full build -out. Construction of the development on the site in phases is likely and such phases shall be specified on the Master Development Plan, when submitted. These proffers shall be binding upon the heirs, executors, administrators, assigns,and successors in interest of both the applicant and property owners. This document shall set forth the total obligation of the applicant and property owners to the County of Frederick in connection with the rezoning of the site. Consequently, the applicant's and property owners' obligation shall not be subject to future modification or enlargement without the express written concurrence or consent of the current property owner(s), applicant, or their successors and assigns. Applicant: Capitol Properties, Inc. By Heidi K. Turk Vice President Date 4 IZ C ) SS: Subscribed and sworn to before me on this day of Notary Public My Commission Expires: [SEAL] Property Owner: SS: Date Subscribed and sworn to before me on this l,2V .day of 0(7 6�,, )wd4,- Notary Public My Commission Expires: i` -2- [SEAL] [SEAL] Albert W. Messick ,!?- // 2? Date SS: Subscribed and sworn to before me on this // .day of 195x'. E�, Notary Public My Commission Expires: [SEAL] • �7 ITEM #3 Urban Development Area (UDA) Study Discussion of the progress of the UDA working group. No new material provided.