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HRAB 11-21-06 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board FROM: Kevin T. Henry, Planning Technician 1- a RE: November Meeting Agenda DATE: November 13, 2006 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, November 21, 2006, at 6:30 p.m., in the Board of Supervisors' Executive Session Room* in the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. The HRAB will discuss the following items: A GENDA September 2006 Minutes 2. Star Fort Battlefield Grant 3. Willow Run Rezoning (Greenway Engineering) 4. Other Please contact this office if you will not be able to attend the meeting. Thank you. *PLEASE NOTE MEETING LOCATION Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). KTH/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 J Frederick County Historic Resources Advisory Board (HRAB) September 19, 2006 Held in the Board of Supervisors Executive Session Room of the County Administrative Building at 107 N. Kent Street, Winchester, VA. Members Present: Rhoda Kriz (Chairman), Elizabeth Fravel, Martin Killingbeck, Felicia Hart, Gary Oates (Planning Commission Liaison), Virginia McClure. Members Absent: Maral Kalbian (Consultant). Staff. Kevin Henry- Planning Technician, Susan Eddy- Senior Planner Agenda Items: August 2006 Minutes, Village at Opequon Rezoning (PHR&A), Historical Plaques, and Allegheny Power (powerline through Opequon district). Other: State grant opportunity, Stephens City historical landscape preservation The meeting began at 6:30 P.M. with the HRAB unanimously approving the August 2006 minutes. Since the applicant was not in attendance for the meeting the HRAB amended to skip the Rezoning application until later in the evening, thus giving the applicant a chance to arrive late and still make a presentation. The third item on the agenda for the meeting was for the HRAB to approve a historical plaque application that staff received for Valley Mill Farm. Staff gave a brief description of Valley Mill Farm also mentioning that the property had recently been recognized by the National Register. The HRAB unanimously felt that Valley Mill Farm deserves a historical plaque. The HRAB also felt that the property known as the Opequon House would also qualify for a plaque. Opequon House has yet to submit an application, but staff has been in contact with the property owner. The fourth item on the agenda was in regards to Allegheny Power extending power lines through Frederick County, in particular the Opequon Magisterial District. Planning staff felt that it would be appropriate to bring this request before the HRAB, to identify historical areas the power lines should stay away from. Senior Planner Eddy gave a description of the project Allegheny is intending to perform. Commissioner Oates and Mr. Killingbeck felt it would be appropriate for the properties identified in the Rural Landmark Survey as potentially significant to have'/4 mile buffers in which the power lines would have to travel around. The HRAB also felt that clusters of historical properties should also have the same buffer requirements. The HRAB decided to proceed with the Rezoning application even though the applicant was not present. Chairman Kriz felt that the applicant should fill out a Preliminary Information Form (PIF) through the state with regards to the Adams House. The Adams House is currently not identified in the Rural Landmark Survey as being potentially significant. Since the Survey was done over 15 years ago, the HRAB felt it would be appropriate if the State was able to comment on the property. The HRAB also felt that it would be appropriate for a Phase I archeological survey of strictly the areas around the primary dwelling and accessory buildings. The HRAB believed that the applicant should also proffer a vegetative buffer around the Adams House. The HRAB requested that the applicant officially come before them before proceeding to the Planning Commission. In other matters, Ms. Fravel mentioned that in Stephens City a garden club monitors historical landscaping throughout the city. Chairman Kriz suggested that the HRAB members can attend those meetings; and also that the HRAB should encourage saving historical trees within rezoning proposals or identify trees that are native, but rare in the area for the developer to provide as part of a landscaping proffer. Staff mentioned again the options for applying for a local/state grant that would allow for the county to identify historical districts, and place these districts within the Frederick County Comprehensive Policy Plan. With no other business the HRAB adjourned at 7:40 P.M. J .� i Item # 2 Star Fort Battlefield Grant The HRAB is being asked for comments in regards to a grant opportunity through the American Battlefield Protection Program: This project will attempt to address vegetation management, soil erosion control, protection of archeological resources, maintenance of interpreted views, and establish an appropriate setting to appreciate the site. The total size of the parcels that will be included in this grant will accumulate to seven (7) acres. The current threats to this property are related to adjoining land uses. To the North and West the property is zoned RP (Residential Performance), which is a dense residential zoning classification. Adjoining the battle site to the east, there isM2 (General Industrial) Zoning. The project request will provide a means for ensuring that the above adjoining land uses will not adversely affect the site with respect to viewshed, archeological resources, and erosion of sensitive natural resources. Specific areas that will be protected are steep slopes, woodlands and any structural remains from the Fort. Within the Star Fort Management and Interpretation Plan produced by Frederick County, and approved by the American Battlefield Protection Program, site protection shall occur first by providing a management entity in command of the battle site. The Shenandoah Valley Battlefield Foundation (SVBF) aims to manage the site and provide functionality by adhering to the parameters set forth in the grant request. The County is confident that the SVBF can preserve and enhance public awareness of the battle site through this request. Frederick County respectfully requests that funds be provided towards Star Fort so that the SVBF can provide protection to an important Civil War Battle site. Financing will go towards archeological studies, removal of invasive vegetation, raising public awareness (brochures, signs, public meetings, etc.), and providing better functionality for the public to enjoy a rare resource. United States Department of the Interior National Park Service American Battlefield Protection Program 2007 Project Funding Application Applicants must submit one (1) original and three (3) copies of a complete application for each project. Electronic versions of this application are available online at www.cr.nps.gov/abpp/. All questions must be answered in the space provided in font size 10 or greater. READ THE INSTRUCTIONS BEFORE COMPLETING THE APPLICATION. Project Summary (10 points) Score is based on the applicant's ability and to succinctly describe the project and to clearly convey the project objective. Project Title : (same as #11 on Standard Form 424 - 10 words or less): Type of Project (select one only): ❑ Site Identification & Documentation ❑ Planning & Consensus Building ❑ Interpretation or Education Who on ABPP staff did you contact? 2. Briefly, state the project preservation objective and project description. 3. List each battlefield or associated site included in this project. Battlefield Name: ❑ National Historic Landmark Specify NHL name (see list at http://tps.cr.nps.gov/nhl/default.cfm) ❑ CWSAC Priority I or II Specify CWSAC name (See list at www.cr.nps.gov/hps/abpp/priority.htm) ❑ National Register of Historic Places Specify NRHP name (See list at http://www.cr.nps.gov/nr/research/nris,htm) 4. Explain the significance of your battlefield within the space provided. 5. List and quantify all final products: phone number 2007 Battlefield Grant Application — Page 1 of 6 Threat to Site (25 points) 6. Current Land Use and Classification. Answer each of the following: A. What is the predominant current B. What is the current zoning classification of the land -use of the project area? project area as determined by the local planning office? ❑ Industrial ❑ Industrial ❑ Commercial ❑ Commercial ❑ Residential ❑ Residential ❑ Recreational/Open Space ❑ Recreational/Open Space ❑ Agricultural/Rural ❑ Agricultural/Rural ❑ Other (specify) ❑ Other (specify) 7. Extent of Project and Battlefield Size. A. What is the total size of the entire historic battlefield? acres B. How much of the battlefield remains relatively unchanged since the battle? acres C. How much of the remaining battlefield is threatened? acres 8. How much land (by % or acres) within the project area is in each of the following ownership categories? ❑ Private ❑ Public ❑ Private Non -Profit 9. What are the current threats to the remaining battlefield or associated site. Describe how it has affected and may affect the condition of the battlefield. 10. Explain how the threats identified in #9 will impact specific battlefield resources and describe the importance of each resource to the overall preservation of the battlefield. 11. How long will it take for the threats identified in #9 (above) to affect the site? ❑ Less than 1 year ❑ 1 — 5 years ❑ 5 - 10 years ❑ More than 10 years 2007 Battlefield Grant Application — Page 2 of 6 Preservation Opportunity (35 points) Preservation opportunity is judged on the appropriateness of the project to help protect the battlefield or historic site from the threats identified in #10 or to help protect the site before potential threats develop. 12. Describe how the proposed project will address the threat(s) identified in #9. 13. How many acres of battlefield will this project protect? 14. Check all categories of previous preservation work that has taken place at the battlefield where the site is threatened. Cite study and year on the right side for each checked box. ❑ Research ❑ Cultural Resource Research, Identification and Documentation ❑ Archeological Survey and Inventory ❑ Registration (State and National Register Nominations) ❑ Community Advocacy and Outreach ❑ Preservation or Cultural Resource Management Planning ❑ Master or Strategic Site Plans ❑ Interpretive Planning and Programs ❑ Other 15. How does this project contribute to the long-range goals for the site? 16. Why is the proposed project the most appropriate preservation action or strategy for this site at this time? 17. What special factors contribute to the present opportunity for this project (e.g., personnel, timing, availability of matching funds, community support, or other unique circumstances)? Battlefield Grant Application - Page 3 of 6 Applicant Qualifications (5 points) The applicant organization's qualifications are rated according its experience with similar grant projects and according to the applicant's ability to accurately and concisely complete this application. 18. Describe the applicant organization's qualifications for handling this type of project and its experience in managing grants or contracts. 19. Describe the proposed project manager's qualifications or experience for handling this type of project. Note any similar projects he/she has managed (do NOT attach resumes or vitae). 20. Has the applicant organization received grant assistance from ABPP in the past? ❑ Yes ❑ No If yes, indicate year(s) completed, and project title(s), below. Is/was the product extended/late? ❑ Yes ❑ No Support and Participation (10 points) Consider all entities that are involved in, and affected by, this project. Attach letters from them stating their support. Partners should address letters of support to the applicant, not the ABPP. 21. List all landholders in the project area. 22. Describe the extent to which the public is and will be involved in this project. Battlefield Grant Application — Page 4 of 6 Tasks, Schedule, Products, and Budget (10 points) 23. In the space below, state each major activity necessary to complete the project with a schedule and cost estimate for its completion. Task Time Required to Complete Cost Product 24. Using the format provided, outline the project's budget. If needed, may continue the budget on another page using the same format. A. Personnel (Applicant organization's staff to be involved in the project) Name/Title of Position Hourly Rate Federal Share B. Consultant Fee Estimates Type of Consultant Hourly Rate C. Travel/Per Diem From/To # of Travelers Per Diem Federal Share Federal Share Matchinq Share Matching Share Matching Share Total Battlefield Grant Application — Page 5 of 6 Total Total D. Supplies/Equipment Item Quantity Cost Federal Share E. Other (Costs not listed in any of the previous budget sections.) Item Cost Federal Share F. Budget Summary Category Total Federal Share Match/Cost Share Personnel $ $ Consultant Fees $ $ Travel/Per Diem $ $ Supplies/Equipment $ $ Other $ $ Matching Share Total Matching Share Total Total Total Project Costs $ $ $ G. Budget Notes (Use this space to explain unusually costly items, heavily weighted budget categories, etc.) For a CHECKLIST to make sure your application is complete — check the Application Guidelines. Battlefield Grant Application — Page 6 of 6 C� • J Item # 3 Willow Run Rezoning Proposal The Historic Resources Advisory Board has been requested to review and provide comment on the Willow Run rezoning proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone 359.97 acres from the RA (Rural Areas) Zoning District to the R4 (Planned Residential Community) Zoning District. The property is located east of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622) and west of the City of Winchester Corporate Limits (see location map). The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service, identifies a portion of the Willow Run rezoning site as being included in the study area and core area for the Second Battle of Winchester. The study identifies the property as having retained its integrity. The Rural Landmarks Survey Report for Frederick County Virginia identifies three structures as being located on the property. These properties are: • The 740 House (#34-89) — Willow Grove • The 750 House (#34-90) — Baker, Jacob House • Penbrook-Cove Farm (#34-1236) There are also three sites that are located within close proximity to the Willow Run project, two of which are identified as potentially significant. These properties are: • The Stuart Brown House (#34-1239) • Homespun (#34-180) — potentially eligible for state and national register of historic places • House Route 622 (#34-1237) While included in this rezoning application, the ownership of the 740 and 750 houses will be maintained by the current property owners and at this time are not planned for demolition. Please find attached for your information: a map of the site; the impact analysis; and, the proffer statement provided by the applicant. Representatives of the applicant will be available at the 14RAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by the proposed development. The comments will be included in the rezoning application package for the Willow Run rezoning proposal when it is submitted. Information from the Virginia Department of Historic Resources file, the Rural Landmark Survey, last year's HRAB comments on rezoning this property, and the Study of Civil War Sites in the Shenandoah Valley has been provided. HISTORIC RESOURCE ADVISORY BOARD or-, 3 1 2006 REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP 0 MEETING DATE ADDRESS OF PROJECT: 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 Corporate Limits. PROPERTY OWNERS NAME: See Attached Sheet TELEPHONE NUMBER: See Attached Sheet PROPERTY OWNERS ADDRESS: See Attached Sheet ARCHITECT/DESIGNER: Greenway Engineering TELEPHONE NUMBER: (540) 662-4185 Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. The Willow Run Community is a planned Traditional Neighborhood Development (TND) that is proposed to include a variety of housing unit types, a commercial center, neighborhood commercial, community recreation, and an intermodal transportation system. The property owners are submitting a rezoning application for R4, Residential Planned Community District zoning and a proffered Master Development Plan. This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. X Copy of required application as described in 1.1 (1.1.1-1.1.4) X Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) X Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) X Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): 53 -((A)) -90,53 -((A)) -91,53 -((A)) -92,53.((A)) -92A, 53 -((A)) - 92B, 53-((A))-94, 53-((3))-A, 63 -((A)) -2A Name of Applicant: Evan Wyatt - Greenway Engineering Telephone Number (540) 662-4185 Address: Street 151 Windy Hill Lane City Winchester State VA Zip 22602 Signature: G Print Name: &4,1 Date: A. Osi /6(" { Please note that the applicant or his/her appointed representative must be present at the meeting. Property Owner Information: Greystone Properties, LLC 2055 Valley Avenue Winchester, VA 22601 (540) 722-4101 Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53-((A))-92 & 53-((A))-94 8401 Greensboro Drive Suite 300 McLean, VA 22102 (703) 821-2500 ext 224 Willow Grove L.C. 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 740 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 750 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 Tax Map Parcels 53-((3))-A & 53-((A))-92 Tax Map Parcel 53-((A))-90 Tax Map Parcel 53 -((A)) -92B ®,_,® CURE I HUHAL LANDMARKS SURVEY LEGEND / Iu' If 1 34 99 #34.89 • 740 HOUSE #34-90 - 750 HOUSE I 4 HOMESPUN loo �,pE FARM oft. A HOUSE,622 GeV � #34.1239- STUARTSUS HOUSE - 2nd WINCHESTER CORE BATTLEFIELD LEGEND { SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED j MULTI—FAMILY ACE RESTRICTED COMMERCIAL OPEN SPACE M HATER FEATURES MOT R/II TO BE VACATED pp PUBLIC R/W g PRIVATE ALLEYS '3 FUTURE ROAD EXTENSIONS d WILLOW RUN SCALE: a COMMUNITY 7, 20 SEPT. 27, 2006 "� GnECNWAY ENCrINELRING HISTORICAL SITES AND STRUCTURES „ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Willow Run Re2oning Proposal Location: East of Route 37 and Idlerriman's Lane (Route 621), North of Cedar Creel, Grade (Route 622) and vest of the City of Winchester Corporate Limits. Property identification Numbers (PIN,, ):53-A-90, 91, 92, 92A, 92B, 94, 53-3-A, 63 -A -2A Zoning District: RA (Rural Areas) Dear Mr. Wyatt: The Frederick County Historic Resources Advisory Bcard (HRAB) considered the above referenced rezoning proposal during their meeting of October 18,200-5. The 171RA13 reviewed information associated with the Frederick County Rural Landmarks Survey Re -port, the Virginia Department of Historic Resources as well as information provided by the applicant. Historic Resources Advisoij Board Concerns The Rural Landmarks Survey Report for Frederick County identifies the 740 House (Willow Grove #34- 89), the 750 House (Baker, Jacob House #34-90) and the Penbrook-Cove Farm (#34-1236) as being on the property. It is the intent of the applicant to rezone this property to the 132 (Business General) and RP (Residential Performance) Zoning Districts. The HRAB expressed concern that the 740 and 750 houses on the property might be removed. While the current owner- does not intend to demolish the structures at this time, future owners' intentions are unknown. Information from the Virginia Department of Historic Resources (VDHR) file states that the VDHR State Review Board determined that the Balser, Jacob House (750 House) is eligible for the Virginia Landmarks Register and the State and National Register of Historic Places. 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 The HPLAE recon m nds-lC pr,— li cg x I 'P, r 3aJPl e he d Dann raFa._ ii k i i� e�e,.al YP1�P3G toe: Yfiilp'?:s9 C'n the li sirOfi r>> •�uq Z) Evergreen trees or other measures should be considered aloa- C ::dar Creek Grade (along the lo'. Zn in Willow Run adjacent to Cedar Creek Grade) to minimize (not to overshadow) the perspective view of the. adjacent historic Homespun. The applicant stated that a Phase I archeological survey had been done on the site around the Penbrook-Cove farm complex but the foundation of the burned house had not been located. A more detailed study should be conducted to locate the foundation of the house that burned down at this complex, as well as additional studies around the foundations of the existing buildings. A phase I environmental study should be conducted on the site (followed by further studies if warranted —Phase II archeological/envirorunental) before construction on the site begins. The applicant should utilize the Virginia Department of Historic Resources to determine additional areas of interest for archeological studies. The property owners should consider preserving the 750 and 740 houses; these houses are landmarks on the site and should have permanent protection th ough the rezoning proffers. 0 As stated previously, the 750 House (Baker, Jacob House) is eligible for the State and National Registries because of its architecture. The property owners should pursue placing the 750 House on the State and National Registries. Please contact me with any questions concerning these comments from the HRAB. Sincerely, 1 , Candice E. Perkins Planner II CEP/bad cc: Rhoda Kriz, Harold Lehman, HPAB Meiiibers Gene Fisher, Shawnee District Supervisor Susan Eddy, Senior Planner- W Itis C. r.arr;ers tr�s�r�r �. ': -stand i ie�an�cen Board Members John P. Ackerly 111 Joseph E. Callahan Vincent F. Callahan Faye C. Cooper John D. Crim Il James A. Davis Beverley H. Fleming Kay D. Frye Susie M. Hill Richard R. G. Hobson Donovan E. Hower Kathleen S. Kilpatrick Richard B. Kleese Allen L. Louderback John W Mountcastle Alexander L. Rives James L. White Doreen S. Williams Patricia L Zontine Howard J. Kittell Executive Di—br 1 August 2004 Even Wyati, AICD Grcenway Engineering 151 Windy Hill Lane Winchester, VA 66602 RE: Willow Run Mixed Use Development Dear Evan: This is in response to your letter of 9 August 2004 concerning the Shenandoah Valley Battlefields Foundation's interest in the remnant of core area land that is part of the First Winchester battlefield in Frederick County. This property is part of the Willow Run Mixed Use Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields Foundation receives from congress may not be used to purchase land on the First Winchester battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic District, hence we are not able to use our appropriated funds to purchase land there.) Because of this the Battlefields Foundation does not funds for the property in question nor has it had plans to acquire this land. While we do not like to see any battlefield land compromised, given the lack of context and the relatively small size of this fragment of First Winchester the Battlefields Foundation would not pursue other funding sources for land acquisition. We hope that if the development project proceeds and Jubal Early Drive is extended as planned that due consideration be given to both the historic and environmental issues on this property. Thank you for bringing this matter to our attention and providing the opportunity to consider the possible impacts to the land. Please contact me if you have any questions about this response. Sincerely yours, r' Howard J. Kittell Executive Director Shenandoah Valley Battlefields Foundation Post Gffice Box 397 Nevi Market, Virginia 2234.4 ph: 540 7-t0.4.545 / 888.68-1-.45,15 f:: J-40.740.4599 www.ShenandoahAtWor.org REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staf, Fee Amount Paid Zoning Amendment Number Date Receive PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC Telephone: (540) 662-4185 * Please see attached address and telephone number for each identified owner Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Agricultural & Residential Residential & Commercial * Please see attached adjoining property owner information PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): 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 Corporate Limits. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 53-((A))-90, 53- ((A))-91, 53-((A))-92, 53 -((A)) -92A, 53 -((A)) -92B, 53-((A))-94, 53-((3))-A 63 -((A)) -2A Districts Magisterial: Fire Service: Rescue Service Shawnee Round Hill VFRD Round Hill VFRD High School: Middle School: Elementary School James Wood James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 359.97± RA District R4 District 359.97± Total Acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family _ Non -Residential Lots: Mobile Hotel Rooms: Home: Square Footage of Proposed Uses Office: Retail: Restaurant: Service Station: Manufacturing: Warehouse: Other * Please note that the Applicants' Proffer Statement limits the total number of residential dwelling units to 1,390 and ensures a housing product mix based on the Willow Run Residential Unit Matrix Table as provided under Section A(3) of the Proffer. The TIA is based on a commercial development of 375,000 square feet. Property Owner Information: Greystone Properties, LLC 2055 Valley Avenue Winchester, VA 22601 (540) 722-4101 Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Tax Map Parcels 53-((A))-91 & 63 -((A)) -2A Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53-((A))-92 & 53-((A))-94 8401 Greensboro Drive Suite 300 McLean, VA 22102 (703) 821-2500 ext 224 Willow Grove L.C. 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 740 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 750 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 Tax Map Parcels 53-((3))-A & 53-((A))-92 Tax Map Parcel 53-((A))-90 Tax Map Parcel 53 -((A)) -92B 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and 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 bet of my (our) knowledge. Applicant(s): 6�Date: 1 - + 1 Io Owner (s): Date: * Please refer to Special Limited Power of Attorney Agreements that have notarized signatures of all property owners that are authorized to sign on behalf of the various LCs and LLCs. IMPACT ANALYSIS STATEMENT WILLOW RUN REZONING Shawnee Magisterial District Frederick County, Virginia Tax Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53 -((A)) -92A; 53 -((A)) -92B; 53-((A))-94; 53-((3))-A & 63 -((A)) -2A 359.97± Acres September 1, 2005 Revised November 4, 2005 Revised June 27, 2006 Current Owners: 740 LLC 750 LLC Willow Grove L.C. Greystone Properties, LLC Miller and Smith at Willow Run, L.L.C. Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised June 27, 2006 WILLOW RUN REZONING INTRODUCTION Willow Run Rezoning This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of eight contiguous parcels comprising 359.97± acres, owned by 740 LLC, 750 LLC, Willow Grove L.C., Greystone Properties, LLC, and Miller and Smith at Willow Run, L.L.C. The subject properties are located adjacent to and east of Route 37, adjacent to and east of Merriman's Lane (Route 621), adjacent to and south of the Winchester and Western Railroad, north of Cedar Creek Grade, and adjacent to and south and west of the City of Winchester Corporate Limits. The current zoning of the parcels comprising the 359.97± -acre tract is RA, Rural Areas District. The property owners propose to rezone these parcels to create a 359.97± acre Traditional Neighborhood Development that will be zoned R4, Residential Planned Community District. Please refer to the proffered Willow Run Traditional Neighborhood Development Master Development Plan. Basic information Location: 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 Corporate Limits Magisterial District: Shawnee Property ID Numbers: 53-((A))-90, 53-((A))-91, 53-((A))-92, 53 -((A)) - 92A, 53 -((A)) -92B, 53-((A))-94, 53-((3))-A, 63- ((A)) -2A Current Zoning: RA, Rural Areas District Current Use: Agricultural and Residential uses Proposed Use: Traditional Neighborhood Development Proposed Zoning: R4, Residential Planned Community District Total rezoning area: 359.97± -acres 2 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 COMPREHENSIVE PLAN The parcels comprising the subject site are located within the study area boundary of the Western Jubal Early Land Use Plan. The Board of Supervisors adopted the policies guiding future land use development within the Western Jubal Early Land Use Plan on February 11, 2004. These policies recommend that the predominant land use should be urban and suburban residential use with areas of mixed residential and commercial land use along the planned route of the Jubal Early Drive extension. A Master Development Plan has been prepared and proffered for the Willow Run Community, which depicts the Traditional Neighborhood Design elements of the site that will be developed as residential and commercial land use. Additionally, the Applicants' proffer statement provides for a residential unit matrix table that provides for a minimum and maximum percentage of age -restricted, single-family attached, single-family detached and multifamily housing product types. The 359.97± -acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, expansion of the UDA and SWSA beyond the existing property boundaries is not required by this application. A. SUITABILITY OF THE SITE A rrPc c The subject site, tax parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53 -((A)) -92A, 53- ((A)) -92B, 53-((A))-94, 53-((3))-A, and 63 -((A)) -2A are accessible from Cedar Creek Grade (Route 622), Merriman's Lane (Route 621), and through the extension of Jubal Early Drive, Sterling Drive and Cidermill Lane, which currently terminate in the City of Winchester. The extension of Sterling Drive is not proposed due to additional impacts to the wetland areas that have been identified by the Corp of Engineers on the south side of Jubal Early Drive extended. Connections to, and extensions of all other identified roads will provide safe and efficient access to the Willow Run Community. The Western Jubal Early Drive Land Use Plan (WJELUP) identifies the extension of Jubal Early Drive in an east -to -west direction through the limits of the subject site and connecting to Route 37 West at a new interchange. Furthermore, this plan identifies a new major collector road, which connects Cedar Creek Grade to Jubal Early Drive in a north -to- south direction. The need for intermodal access is also identified in the land use plan, which recommends the expansion of the Green Circle bicycle and pedestrian facility into the County with linkages to the west and south. The Applicants' proffer statement has been designed to implement the transportation network identified in the Comprehensive Policy Plan. The transportation proffers allow for traffic from the development to access Jubal Early Drive and Cedar Creek Grade during the initial development phases of the Willow Run Community, while access to 3 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Route 37 is proffered to occur through the development of new interchange ramps prior to the 600`h residential permit (less than 45% of the total development program). The extension of Jubal Early Drive will begin during favorable dry weather conditions to minimize irnn....F o� to ;�,etlanul� fv^llf,'wing iubdivi�ivii aiiu plait approval by the Clty V1 `Y Winchester. The Applicants' proffer statement also provides for the continuation of the Green Circle along the north side of Jubal Early Drive, with an additional public bicycle and pedestrian system along Sandyridge Drive (north -south collector road) to the southern limits of the Willow Run Community. Floodplains The subject site is located on the FEMA NFIP Map #510063-0115-B. The FEMA NFIP Map identifies floodplain areas associated with Abrams Creek from the north side of Northwestern Pike (Route 50 West) to the west side of Merriman's Lane (Route 621). The limits of the study end at this point; however, it is reasonable to expect the floodplain areas identified as Zone A to continue through the northern portion of the subject site along Abrams Creek to the City of Winchester Corporate Limits. The Applicants have prepared a Phase I Environmental Assessment Report and a Wetlands Delineation Report for the subject properties, a copy of which has been provided to the Planning Department. The Applicants' proffered Master Development Plan delineates the location of the floodplain areas on the subject site that are based on the results of the detailed CLOMR study associated with the extension of Jubal Early Drive. The Applicants have submitted the CLOMR study to FEMA for approval to ensure that there are no adverse impacts to the Abram's Creek floodway resulting from the extension of Jubal Early Drive. Protected and disturbed floodplain areas are identified on the proffered Master Development Plan, of which, the impacted areas are only associated with the extension of Jubal Early Drive. Wetlands The National Wetlands Inventory Map identifies two areas of wetlands along the northern and eastern portions of the 359.97± -acre site. The Applicants have prepared a Wetlands Delineation Report for the subject properties, a copy of which has been provided to the Planning Department. The U.S. Army Corp of Engineers has issued a Jurisdictional Determination Letter establishing the location of all wetland areas on-site, and a wetlands permit has been approved by the U.S. Army Corp of Engineers and the Virginia Department of Environmental Quality based on an approved wetlands mitigation plan prepared by the Applicants. Protected and disturbed wetland areas are identified on the proffered Master Development Plan, of which, the impacted areas are only associated with the extension of Jubal Early Drive. F Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Steep Slopes Minor areas of steep slope exist on the 359.97± -acre site, of which, a small area is located adjacent to the wetland by Abram's Creek, a small area is located by the major karst feature in the southeastern portion of the site, and a small area is located adjacent to Cedar Creek Grade. Disturbance of the small area of steep slope adjacent to Cedar Creek Grade will occur to implement the road improvements that are proffered by the Applicants along the Cedar Creek Grade frontage. These areas of disturbance are identified on the proffered Master Development Plan for the Willow Run Community to ensure compliance with County Ordinance requirements. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site is located on map sheet number 24 & 30, and contains the following soil types: 5B -Carbo Silt Loam: 2-7% slope 14B-Frederick-Poplimento Loam: 2-7% slope 14C-Frederick-Poplimento Loam: 7-15% slope 14D-Frederick-Poplimento Loam: 15-25% slope 16C-Frederick-Poplimento Loam — Very Rocky: 7-15% slope 16D-Frederick-Poplimento Loam — Very Rocky: 15-25% slope 17C-Frederick-Poplimento Rock Outcrop Complex: 2-15% slope 17E-Frederick-Poplimento Rock Outcrop Complex: 15-45% slope 29-Massanetta Loam Table 5 on page 123 of the Soil Survey of Frederick County identifies the 5B -Carbo Silt Loam, the 14B-Frederick-Poplimento and 29-Massanetta Loam as prime farmland soils. Frederick-Poplimento loams comprise the majority of the subject site, which possess moderate shrink -swell potential. A band of Carbo Silt loam follows the western portion of the subject site, which possesses a high shrink -swell potential, while Massanetta loam is located within the defined flood plain and wetland areas. These soil types are consistent with the soil types found in the neighboring Meadow Branch and Morlyn Hills communities; therefore, community development activities can be supported by the soil conditions on the subject site. Development within the Massanetta loam soils will be limited to the extension of Jubal Early Drive. The Applicants will conduct geotechnical analysis throughout the development of the Willow Run Community for the road construction, utility installation and within areas where karst features are present. 5 Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised June 27, 2006 B. SURROUNDING PROPERTIES Adjoining Property Zoning and Present Use: North: Zoned Planned Unit Development (PUD - LR) South: Zoned Residential Performance (RP) Zoned Rural Areas (RA) East: Zoned Planned Unit Development (PUD -HR) West: Zoned Residential Performance (RP) Zoned Rural Areas (RA) C. TRANSPORTATION Willow Run Rezoning Use: Residential Use: Residential Use: Commercial & Agricultural Use: Residential Use: Residential Use: Residential & Golf Course The subject site, tax_ parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53 -((A)) -92A, 53- ((A)) -92B, 53-((A))-94, 53-((3))-A, and 63 -((A)) -2A are accessible from Cedar Creek Grade (Route 622), Merriman's Lane (Route 621), and through the extension of Jubal Early Drive and Cidermill Lane, which currently terminate in the City of Winchester. The Western Jubal Early Drive Land Use Plan identifies the extension of Jubal Early Drive in an east -to -west direction through the limits of the subject site and connecting to Route 37 at a new interchange. Furthermore, this plan identifies a new major collector road, which connects Cedar Creek Grade to Jubal Early Drive in a north -to -south direction. The need for intermodal access is also identified in the land use plan, which recommends the expansion of the Green Circle bicycle and pedestrian facility into the County with linkages to the west and south. A traffic impact analysis (TIA) has been prepared for the Willow Run Community by Patton Harris Rust & Associates, pc dated April 18, 2006 (revised from the July 12, 2005 and November 2004 submissions), which is included as a component of the Impact Analysis Statement. The TIA assumes the total build out of 1,439 residential units and 375,000 square feet of commercial retail and office land use by year 2012 as a two-phase plan. The first transportation phase projects the impacts associated with the development of 600 residential units, and the second transportation phase projects the impacts associated the total build out of the Willow Run Community that includes 1,439 residential units and 375,000 square -feet of commercial retail and office land use. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background and R Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 build out conditions for each transportation phase. The TIA studies all critical intersections in the Willow Run Community and within close proximity of the Willow Run Traditional Neighborhood Development, the existing Route 37 interchange ramps for the regional transportation system, and the continuation of Jubal Early Drive from its terminus in the City of Winchester to Merriman's Lane. The Phase 1 and Phase 2 Build -Out Lane Geometry and Level of Service (LOS) for AM and PM Peak Hour traffic volumes identify the projected traffic impacts for all critical intersections within the project and within close proximity of the Willow Run Traditional Neighborhood Development, the new Route 37 interchange ramps and the existing Route 37 interchange ramps for the regional transportation system, and the continuation of Jubal Early Drive from its terminus in the City of Winchester to Route 37 at Merriman's Lane. The TIA demonstrates that the build -out of the first transportation phase (600 residential units) can occur while achieving acceptable levels of service on all internal streets and at the intersection of Jubal Early Drive and Meadow Branch Avenue, as well as at the intersection of Cedar Creek Grade and Birchmont Drive. The TIA further demonstrates that the transportation impacts associated with the build -out of the Willow Run Traditional Neighborhood Development, coupled with the projected background traffic impacts, are acceptable at the signalized Jubal Early Drive intersection with Meadow Branch Avenue, at the signalized Jubal Early Drive intersection with Merriman's Lane, at the signalized intersection of Birchmont Drive and Cedar Creek Grade, and at the new Route 37 interchange ramps. The TIA demonstrates that deficient levels of service exist at the unsignalized Route 37 ramps at Cedar Creek Grade, at the Route 37 ramps at Route 50 West, at the intersection of Jubal Early Drive and Valley Avenue, and at the intersection of Valley Avenue and Cedar Creek Grade. However, the TIA also demonstrates that build -out of the Willow Run Traditional Neighborhood Development does not further reduce the levels of service at the Route 37 interchanges at Cedar Creek Grade and Route 50 West more than the impacts associated with background traffic. Additionally, the build -out of the Willow Run Traditional Neighborhood Development slightly reduces the levels of service at the Jubal Early Drive and Valley Avenue intersection during AM peak hour and at the Valley Avenue and Cedar Creek Grade intersection during PM peak hour. The Applicants' proffer statement has been designed to address the transportation impacts associated with the build -out of the Willow Run Traditional Neighborhood Development, and to assist in the mitigation of several regional transportation issues that are a result of other development projects and projected traffic volume increases. These proffered transportation improvements include the following: Proffered Transportation Improvement Program • Completely fund and construct the four -lane divided section of Jubal Early Drive from the current terminus in City of Winchester to the intersection serving the eastern neighborhood commercial land bays prior to issuance of the 300th residential building permit. 7 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 • Completely fund and construct the four -lane divided section of Jubal Early Drive from the eastern neighborhood commercial Iand bays to the first commercial center intersection prior to issuance of 4501h residential building permit. • Completely fund and construct the four -lane divided section of Jubal Early Drive from the terminus of the first commercial center intersection to the Route 37 northbound on and off ramps prior to issuance of 600th residential building permit. • Completely fund and construct the new Route 37/tubal Early Drive interchange northbound and southbound on and off ramps using the existing bridge structure prior to the issuance of the 600th residential building permit. • Completely 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 prior to issuance of 600th residential building permit. • Completely fund and construct a roundabout at the Route 37 southbound on and off ramps, or execute a signalization agreement with VDOT to fully fund traffic signalization at the Route 37 southbound on and off ramps. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and Meadow Branch Avenue. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment at the commercial center intersection. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. • Completely fund and construct right and left turn lanes at the intersection of Cedar Creek Grade and Birchmont Drive. • Allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. The Applicants' proffered transportation program will mitigate the impacts associated with the development of the Willow Run Community and will improve existing and future conditions associated with other off-site regional transportation matters. The complete funding and development of Jubal Early Drive and the new Route 37 interchange ramps will occur during the construction of the Willow Run Traditional Neighborhood Development, which offers solutions to two significant regional transportation elements identified in the Metropolitan Planning Organization (MPO) 2030 Transportation Plan for the benefit of both County and City residents. N. Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 D. SEWAGE CONVEYANCE AND TREATMENT The 359.97± -acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. in May 2004, the Frederick County Sanitation Authority Board voted to provide public sewer service to the Willow Run Community. This determination requires the Frederick County Sanitation Authority (FCSA) to develop the infrastructure system necessary to service the Willow Run Community. The FCSA has undertaken an infrastructure project for the design and construction of a new sewer force main that will connect to the Willow Run Community at the Birchmont Drive intersection at Cedar Creek Grade and the 15" Hogue Run Sewer Interceptor, which directs flows to the Parkins Mill Wastewater Treatment Facility. The design of the new sewer force main will provide capacity that is adequate to accommodate the residential and commercial land uses associated with the Willow Run Community and additional development within the area. The Applicants will provide for a new sewer pump station that will be located in the northeastern portion of the property adjacent to the Abram's Creek wetlands. The design of the new sewer pump station will provide capacity that is adequate to accommodate the residential and commercial land uses associated with the Willow Run Community, and will be expandable to serve additional development within the area. The Applicants will also provide for a new sewer force main that connects the new sewer pump station to the FCSA new sewer force main at Cedar Creek Grade. The new sewer force main will be sized as a minimum 12 -inch main to accommodate the residential and commercial land uses associated with the Willow Run Community and additional development within the area. The on-site sewer infrastructure required to convey effluent to the Parkins Mill Wastewater Treatment Facility will be developed by the Applicants to standards acceptable to the FCSA for their future operation and maintenance. The impact of rezoning the 359.97± -acre site can be based on comparable discharge patterns of 500 gallons -per -day (GPD) per acre for commercial land use and 225 GPD for residential land use. The figures below represent the impact that the total build out of the 36 -acre commercial areas of commercial and office land use and the proffered 1,390 residential units will have on the sewage conveyance and treatment systems. Q = 500 GPD per acre Q = 500 GPD x 36 acres of commercial and office land use Q = 18,000 GPD projected at total commercial build out Q = 225 GPD per household Q = 225 GPD x 1,390 residential units Q = 312,750 GPD projected at total residential build out TOTAL Q = 330,750 GPD at total project build out 0 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 The proposed rezoning is projected to increase flows to the Parkins Mill Wastewater Treatment Facility by 330,750 GPD at total build out. The Applicants have proffered to develop the Willow Run Community through a phased permitting plan that limits the number of residential building permits that can be obtained on an annual basis. This phased permitting plan will ensure that the build -out of the Willow Run Community cannot occur until calendar year 2012 at the earliest. The Frederick County Sanitation Authority Board has approved a plan to expand the capacity of the Parkins Mill Wastewater Treatment Facility to 5 million gallons per day (MGD). The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will occur 3 years prior to the earliest possible build -out of the Willow Run Community based on the proffered phased permitting plan. Adequate capacity for sewage conveyance and treatment will be available throughout the development of the Willow Run Community as a result of the infrastructure improvements provided by the Applicants and the FCSA. E. WATER SUPPLY The 359.97± -acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. In May 2004, the Frederick County Sanitation Authority Board voted to provide public water service to the Willow Run Community. This determination requires the Frederick County Sanitation Authority (FCSA) to develop the infrastructure system necessary to service the Willow Run Community. The FCSA-will provide a water transmission line that will follow Route 37 and adjoin the Willow Run Community. This water transmission line will create a loop system that ties together the water systems to the north between the Sunnyside Community and to the south in the Apple Valley Road and Shady Elm Road area. This loop will allow for water service to be provided from both the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. These systems currently provide 6.0 MGD and can be increased to 10 MGD. The on-site water infrastructure required to convey potable water to the proposed residential and commercial land uses in the Willow Run Community will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 359.97± -acre site can be based on comparable water usage of 1,000 GPD per acre for commercial and office land use and 275 GPD per unit for residential land use. The figures below represent the impact that the total build out of the 36 -acre commercial areas of commercial and office land use and the proffered 1,390 residential units will have on the water supply and treatment systems. 10 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Q = 1,000 GPD per acre Q = 1,000 GPD x 36 acres Q = 36,000 GPD projected at total commercial and office build out Q = 275 GPD per household Q = 275 GPD x 1,390 residential units Q = 382,250 GPD projected at total residential build out TOTAL Q = 418,250 GPD at total project build out The projected water usage for the proposed rezoning is 418,250 GPD at total build out. This projection represents approximately 10% of the unutilized capacities at the James H. Diehl Water Filtration Plant and the North Water Filtration Treatment Plan. Therefore, available water source and infrastructure will be adequate to accommodate the capacity needs of the proposed residential and commercial land uses for the Willow Run Community. F. DRAINAGE The 359.97± -acre parcel has pronounced drainage divides, which follow the ridgelines located in the western and central portions of the project site. These drainage divides direct stormwater to the central and western portions of the project site, which then flow in a northern direction to Abram's Creek and to the southwest near Route 37. The Willow Run Community will be designed to capture the majority of the stormwater flows in the central portion of the development within a man-made lake that will be approximately 5 -acres in size. This lake will be created within the central portion of the Willow Run Community and designed as an amenity for the community and will be maintained by the Willow Run Homeowners Association. Smaller drainage areas that do not flow to the man-made lake will be designed to direct stormwater flows to the Abram's Creek channel. The Applicants' proffer statement provides for the use of best management practices (BMP) in conjunction with all commercial land uses to mitigate water quality impacts to Abram's Creek. This proffer statement also commits to the preparation of a geotechnical analysis for the purpose of ensuring that development impacts near the major karst feature do not adversely impact water quality through storm water management design. Storm water management will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control requirements. 11 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural floor area and an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in average annual volume based on the 375,000 square feet of commercial and office land use, and 1,390 residential units that are projected to develop over a 7 -year period: AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 375 (1,000 sq. ft.) AV = 2,025 Cu. Yd. at commercial build out/yr, or 1,418 tons/yr at build out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,390 households AV = 7,506 Cu. Yd. at residential build out, or 5,255 tons/yr at build out TOTAL AV = 6,673 tons/yr / 7 -yr build -out = 954 ton annual increase 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 projected 7 -year build out of the subject site will generate on average 954 tons of solid waste annually. This represents a 0.47% 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. The complete build out of the Willow Run Community is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 2.6% annually. The Applicants' proffer statement provides for curbside trash pickup service in the Willow Run Community; therefore, transportation and increased volume impacts at the citizen convenience centers will be mitigated and tipping fees will be generated that will create a continuous revenue source for the Regional Landfill by the Willow Run Community. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies three structures on the 359.97± -acre site as the 740 House (#34-89), the 750 House (#34-90) and the Marshal House (#34-1236), although none of these structures are deemed potentially significant. Two sites within close proximity are identified as potentially significant, which include the Stuart Brown House (#34-1239) and Homespun (#34-180). The Homespun site is further identified as being potentially eligible for the state and national register of historic places. Furthermore, the southwestern portion of the 2nd Winchester Core Battlefield area is located in the northeastern portion of the subject site. 12 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 The Stuart Brown House (#34-1239) is located on the Jova Properties, LCC parcel adjacent to the Route 37 interchange area at Cedar Creek Grade. This structure is currently utilized as a residential rental property, and is not visible from the Willow Run Community. The Homespun site (#34-180) is located across Cedar Creek Grade from the southeastern portion of the site. An adaptive reuse of the Homespun site has been complete, which converted the historic structure into a commercial land use. Additionally, the Harvest Ridge Residential Community is being developed adjacent to and south of the Homespun site. The Homespun site has a mature row of evergreens along its frontage, which adequately screens the structure from Cedar Creek Grade. The Birchmont Drive intersection at Cedar Creek Grade is designed to align with the commercial entrance serving the Homespun site; therefore, no additional impacts are anticipated between the Willow Run Community and the Homespun site. The Applicants' proffer statement provides for a double row evergreen tree planting screen between the southern most residential lot that is located across Cedar Creek Grade from the Homespun site to minimize viewshed impacts. In August 2004, the Shenandoah Valley Battlefield Foundation Executive Committee (SVBF) was asked to consider the potential for acquiring the potion of the 2nd Winchester Core Battlefield area that is located on the subject site. The SVBF Executive Committee provided a letter to Greenway Engineering dated August 16, 2004, which stated that there was not a desire to acquire this area due to the significant amount of lost integrity of the overall core battlefield area resulting from the development of the Meadow Branch Community. Therefore, the development of the Willow Run Community will not have a negative impact to existing historic structures and core battlefield area. I. IMPACT ON COMMUNITY FACILITIES The Frederick County Capital Facilities Fiscal Impact Model was prepared for the proposed rezoning of the 359.97± -acre site based on a proffered maximum square footage of 110,000 square feet of commercial and office land use and 850 residential units. The results of the Capital Facilities Fiscal Impact Model identify that the build out of the Willow Run community will create a negative fiscal impact of $7,692.00 for each residential unit. The Applicants' proffer statement guarantees the development of 20,000 square feet of commercial land use; however, Greenway Engineering prepared a fiscal impact model run that only provided commercial land use credit for 10,000 square feet of commercial that was guaranteed in the November 4, 2005 proffer statement. The Applicants' proffer statement provides a monetary contribution to Frederick County in the amount of $9,078 for each non -age restricted residential unit to mitigate the fiscal impacts to public schools, parks and recreation, fire and rescue services, and other County services. A monetary contribution of $2,000.00 is proffered for each age restricted residential unit to mitigate the fiscal impacts to all County services, exclusive of public schools, which are not impacted by this specific population. Furthermore, the 13 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Applicants' proffer statement provides $1,000.00 for each non -age restricted residential lot to public schools, which will generate between $1.11 - $1.32 million dollars for site acquisition funding. The Applicants have also proffered an additional $50,000.00 to mitigate impacts to the volunteer fire and rescue services. This monetary proffer provides $25,000.00 to the first responder companies in Frederick County and the City of Winchester that will provide service to the Willow Run Community. Additionally, the Applicants' proffer statement provides for community recreational amenities that include a community center facility that is a minimum of 4,000 square feet in floor area for the overall community, a community center facility for the age -restricted units that is a minimum of 2,000 square feet in floor area, public and private bicycle and pedestrian facilities and neighborhood parks. Therefore, the monetary contributions provided for in the Applicants' proffer statement, coupled with the recreational amenities adequately mitigate the community facilities impacts and capital cost needs for the Willow Run Community. 14 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 October 24, 2006 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# 16-05 Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97± -acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53 -((A)) - 92A; 53 -((A)) -92B; 53-((A))-94; 53-((3))-A & 63 -((A)) -2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC (here -in after the "APPLICANTS") 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 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 #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) 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 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 File #3800WG/2006 TND REZONING/EAW 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 October 24, 2006 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 L.C., 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-((A))-94, 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 L.C. 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 the Willow Run Community, 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 the Willow Run Community consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Community Residential Unit Matrix as set forth below: File #3800WG/2006 TND REZONING/EAW Greenway Engineering September I, 2005 3 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 Willow Run Community 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; 2nd Floor 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 the Willow Run Community, 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 Homeowners' Association or sub -association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 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. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 4 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial 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 36 acres, which shall include the vacated right-of- way associated with the relocation of Merriman's Lane (Route 621) that will be absorbed into the commercial center area. 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 deed a 5 -acre site to Frederick County within the commercial center to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication. The 5 -acre site shall be deeded to Frederick County within 90 days of an executed contract for the construction of the aquatic center. If a contract is not executed for the construction of the aquatic center within 3 years from the date of rezoning approval, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within the Willow Run Community. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, wood, glass, standing seam metal or dimensional shingles. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to incorporate into the Willow Run Property Owners 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. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 4. I he 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 (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 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 600th 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 dwelling unit, but no later than the issuance of the 1,000th dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within the Willow Run Community: Exterior Boarding Kennels Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repair Golf Driving Ranges & Miniature Golf Courses Electrical Supplies (Wholesale) Hardware, Plumbing & Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Adult Retail 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 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 the Willow Run Community. The Applicants have identified elements of the Master Development Plan that are intended File #3800WG/2006 TND F_EZONING/EAW Greenway Engineering September 1, 2005 6 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct the four -lane divided section of Jubal Early Drive, 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). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided 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 300th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided 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 pavement prior to issuance of 4501h 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 ultimate 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 600th 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 prior to the issuance of the 6001h residential building File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 7 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 permit. Additionally, the Applicants hereby proffer to provide right- of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37. 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. 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization 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 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 the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. 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 shall be installed no later than the issuance of the 200th residential permit. 11. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 8 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 12. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 2001h residential building permit, exclusive of model homes. 13. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off-site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of rezoning approval with the remaining payments being made in 12 month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. 14. The Applicants hereby proffer to construct all internal 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 the Willow Run Community, 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 Homeowners' Association or sub -association for the Willow Run community. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September I, 2005 9 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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 proffer B(3). 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 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 in proffer E(1), 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 the Willow Run Community. 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 the Willow Run Community. Additionally, the Applicants will establish a provision in the Homeowners' Association 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. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site File #3800WG/2006 TND REZONING/EA':V Greenway Engineering September 1, 2005 10 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each residential dwelling unit within the Willow Run Community. 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 proffered Master Development Plan. 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. F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for the Willow Run Community. The community center building shall be constructed and available for use by residents of the Willow Run Community prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the Homeowners' Association or sub -association for the Willow Run Community. In the event that Frederick County does not acquire the 5 -acre aquatic center site specified in Section B2 of this proffer statement, the Applicants hereby proffer to provide for a 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 the Willow Run Community, which is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for the Willow Run Community. The age -restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 701h age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the Homeowners' Association or sub -association for the Willow Run Community. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 11 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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 to 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 the Willow Run Community. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for the Willow Run Community. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub -association for the Willow Run Community. 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 within the Willow Run community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association ("HOA") or sub -association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA until such a time that this service is provided by Frederick County or other municipal providers. H.) Creation of Homeowners Association 1. A Homeowners Association (HOA) 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 HOA shall have title to and/or responsibility for: File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 12 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions creating an Architectural Review Board ("ARB"). 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 the Willow Run Community 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 Property Owners Association provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in the Willow Run Community (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 association 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 Association. I.) Environmental 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. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 13 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. 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 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 Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners 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 plan 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 plan identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. Respectfully Submitted: M. Willow Grove L.C. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File #3800WG/2006 TNP REZONING/EAW Greenway Engineering September 1, 2005 15 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. 3-2 740 LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File #3800WG/2006 TND REZONING/EAW Greenway Engineering September I, 2005 16 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. 750 LLC Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 17 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 October 24, 2006 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. Lo Miller and Smith at Willow Run L.L.C. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of H M Notary Public My Commission Expires File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 18 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Ortoher 24, 2006 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. 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Quad Winchester Historic name Common name Willow Grove Present use RESIDENTIAL Building Style Vernacular Greek Revival Original use RESIDENTIAL - Building Dates) ea.1840-60, 20th C_additi( I. Construction Materials 3. Stories (number) 2 basement rased basement 'Plow split level ❑ wood frame _. 4.Bays (number): front 5 side (church) rick bond: ❑ English etrical O asymmetrical O Flemish 5. Roof Type 5 -course American `_❑ stretcher O shed O hipped O other arapet? O pyramidal? O stonele ❑ mansard 491 ❑ random rubble ediment? O false mansard ❑ coursed rubble ❑ parapet? ❑ gambrel ❑ ashlar ❑ dressed ❑ clipped end? ❑ flat O rock -faced O cross gable? ❑ parapet? O log. O central front gable? ❑ roof not visible O squared ❑ unsquared ❑ other notching. 6. Roofing Material ❑ V -notch ❑ half dovetail O saddle O full dovetail ❑ square ❑ diamond Dshingle ❑ concrete block ❑ composition (asphalt, asbestos, etc.) O terra cotta wood ❑ steel frame metal ❑ other standing scam Ovorrugated ❑ pressed tin (simulated shingles) 2- Cladding Material ❑ the ❑ pantile O flat ❑ glazed O weatherboard ❑ composition siding ❑ slate ❑ vertical siding ❑ stucco O not visible ❑ board & batten ❑ aluminum or vinyl siding 7. Dormers (number): front side ❑ shingle: ❑ cast iron O wood ❑ sheet metal ❑ gable O pediment? O asbestos O enameled metal ❑ shed ❑ asphalt ❑ glass O hipped O bricktex O other 8. Primary Porch style Greek Revival stories 1 levels full height bays 1 materials wood description and decorative details 7t! IF `cr; Doric columns; plain entablature. 9. General supper� em4ntary descrpi tiop and decoration: 9/6 windows Ist floor, -� ' 6)6 in Znd, b -light basement windows; w en lintels w/ cornerblocks; louvered wooden shutte ,'• 3 steppedbrick cornice; -light transom over door; d �ricfe lai mey; rear 10. Major additions and alterations: enc enclosed 2- to "moi` orche Side 2 -story stretcher bond brick wing set back .�•• . �� I T i train block w/ 1 i -story wing set off from that cre Ta�rit�ees!eireed 11. Outbuildings: windows & stepped cornice. Triangula mer 'attic vents on either side of ch , Y Modern brick garage. 12. Landscape Features: Large pond; mature trees; set below the Baker, Ja House 34-90. 13. Significance: Associated w/ the Baker, Jacob House 34-90 and probably built at about the same time. See 34-9C file for chain of title. —I Surveyed by:M",':alblan A J.A.H.P.erkins Date: 5 /92 v GENIA HISTORIC LANDMARKS COMMISSION SURVEY FORM County Frederick Town Winchester Street No. E. side of kbr Merriman's e, S. of Abrams Creek. USGS Quad Name Winchester Quad Date 1966 Original Owner Jacob Baker? Original Use Home Present Owner Mr. C. R. White Present Owner Address Merriman's Lnae Winchester, Va. Present Use Home 34-89 File Numbs Historic Name Present Name Willow Grove —(A) HSC. Date or Period (exact or estimate) ea, 1840 Architect ---- Builder, craftsman, etc. ---- Source of Name Quarles, Old Humes Source of Date Guess 3. No. stories (dormers count as % story): 2 Wglr1c1[l construction Acreage Unknown 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) See #8, Quarles, Olii Homes of Fred. Counta►. This house is adjacent to the large house he is discussing, and Looks as if it was built about the same period. I have designated this house Willow Grove (A) to distinguish it from the main house, Willow Grove. Mr. Whites's son, Steve White is presently living in this house, with his wife. S. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and additions) All the windows are 9 over 6. Five row American bond. The south portion of the house is definitely older, and I would guess that the ;wo N. rooms were added ea. 1860-70. The E. porch has recently been Inclosed. Note the mantles and the W. porch. 6. Physical Condition Excellent Good Fair Pour Structure X Grounds X Neighborhood X- 7. 7. State potential threats to preservation of structure one VIRGINIA I File no. 34-90 HISTORIC LANDMARKS COMMISSION Negative no(s). l l o a %n ,.•�*'' SURVEY FORM Historic name Jacob Baker, henry Baiter Coiranon na,rne Bciker, Jacob House County/Town/City Frederick Street address or route number Off Rt. 621 USGS Quad Winchester Cate or period ca,1848 Original owner Jacob Baker Architect/builder/craftsmen Original use Residential Present owner C. Ridgely White Source of name Quarles, 1971 Present owner address Winchester, Va. Source of date date carved on int. framing Stories 2 Present use Residential Foundation and wall const'n Brick on brick foundai : Acreage Roof type aabiPd wl standing spam metal State condition of structure and environs Good State potential threats to structure Unknown Note any archaeological interest Unknown Should be investigated for possible register potential? yes -I- no Architectural description (Note significant features of plan, structural system and interior and exterior decorati taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterati and additions. List any outbuildings and their approximate ages, cemeteries, etc.) This mid -29th century Greek Revival brick dwelling was built ca -1848, however, it is POE that this is not the original Baker family residence. The family acquired the land in 1755 and probably had their original home on or near the site of the current house. The present structure is a 2 -story 5 -bay symmetrical brick dwelling laid in 5 -course Americ brick bond. It sits on a raised split level English basement w/ 8/8 basement windows ar. has paired parapet -end chimneys. Other architectural details include 6/6 windows w/ dec tive wooden lintels, louvered shutters, a plain brick cornice, 6 -light transom & 3 -light sidelights around the central door, paired 6/6 attic windows in the gable ends, and - re 2 -story enclosed porches w/ dormer additions. Much of the interior woodwork is in tact. The mantels vary somewhat in style, some have Federal details while others lean more towards the Greek Revival style. The house is designed in a double pile central hall plan w/ a central open staircase. Outbuildings include a frame bank barn on a stone foundation and a brick meathouse w/ stepped cornice that has a modern brick garage addition. Property is set on a small hill above Willow Grove (34-89) amid many mature trees. An excellent example of the Greek Revival style w/ fine interior woodwork. Interior inspected? Yes. Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) Chain of title: 1735 Gcvernor William Gooch to Isaac Parkins 1754 Parkins to Charles Parkins 1765 Parkins to Henry Baker ani? Frederick Conrad- . 1807 Baker to sons: Henry W., Jacob, John, Isaac, & Abraham Baker 1874 Jacob Baker to Jacob E. Baker 1906 Baker to his wife Mary Ellen Baker 1939 Baker & heirs to William D. TAylor & Annie Lowery Taylor 1948 Taylor to C. Ridgely White & Eleanor White VIRGINIA HISTORIC LANDMARKS SURVEY FO County Frederick Town Winchester Street No. E. side of Merriman's Lane, S. of Abrams Creek USGS Quad Name Winchester Quad Date 1966 Original Owner Jacob Baker Original Use )�X.lfX* Home PresentOwnerC. Hidgeley White Present Owner AddressMerri mean Is Lane Winchester, tea. Present Use Home (_;OSSION RM 34-9c File Num 2. Historic Name Willow Grove Present Name Willow Grove Datc or Period (exactor estimate) 1848 A.rchitecr----- Builder, craftsman, etc. p ----- Source of Name Quarles, Old Homes Source of Date owner, date on part of wood. 3. No. stories (dormers count as %2 story): 2 Wall construction Brick Acreage 207 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) See @uarles, Old Homes, p. 12. The Whites extensively renovated :he house when they purchased it in 1948. The work was superbly done, and he house has been modernized without losing any of its beauty. During enovation, the Whites discovered a date inscribed on one of the beams of he house, definitely dating it to 1848, and Jacob Baker, S. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and additions All the architectural details support the date of 1848. Five row American brick. Note the mantles and Greek porch. The W. windows are 6 over 6, the E. window 12 over 12. The entire E. side has a recent addition on it. This is an enclosed porc. and two rooms, all in redwood siding, 6. Physical Condition Excellent Good Fair Poor Structure X _ Grounds X Neighborhood X _ 7. State potential threats to preservation of structure NONE Date _ �j az__ File No. �( Name Townr�1 County f-ioA d4- Photographer rt,Ooryl�, Contents A a 0 Hugh C. !.tiller. Director Department of Historic Resources 221 Governor Street October 26. 1993 Richmond. Vireinia 23214 C. Ridgley and Eleanor White P. O. Box 270 r��J Winchester VA 22604 RE: Baker, Jacob, House, Frederick County (DHR Ns 34-90) Dear Mr. and Mrs. White: - TDD: (804) 786-1934 Telephone (804) 786-3( FAX. (804) 225-4261 At its October 19 meeting, the State Review Board determined that the Jacob Baker House appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the local level for significance in the area of architecture. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested in pursuing registration, I would recommend hiring a consultant or preparing the nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, 8MW C��1* James Christian Hill National Register Assistant 9 • 9. General supplementary tion and decoration: House is deme ished & replaced by a £railer. Outbuildings that i mitin include a fine frame bank barn w/ 3 large cupc several frame (german lap) chicken coops, machine 10. Major additions and alterations: ( sleds, & several modern pc lbarns . Ccrn crib moved to side & converted into a tenant house. 11. Outbuildings: 12. Landscape Features: Set in valley by a spring; 100 acres; right at edg, of Winchester city limits, surrounded by residents: development. 13. Significance: The original house burned in 1968. Some Civil War gun implacements were located along the ridge. A 2 -story log house used to sit on property. Current owner Kenneth Marshall. Surveyed by: M. KALBIAN & J. FERKINS Date: 1192 VIRGINIA DIVISION OF HISTORIC 3 _ ,236 LANDMARKS Negative noO '111696 0 HISTORIC DISTRICT/BRIEF SURVEY FORM City/Town/Village/Hamlet RURAL COUNTY County FREDERICK Street address or route number Off Rt. 622 U.S.G.S. Quad Winchester Historic name Thomas Cook (Lake's Atlas) Common name Pcnbrook-Cove Farm Present use Building Style Vernacular Original use RESIDENTIAL Building Dates) ca. 1910-1920 1. Construction Materials 3. Stories (number) 11low basement ❑ raised basement wood frame ❑ brick 4. Bays (number): front side (church) bond: ❑ English ❑ symmetrical ❑ asymmetrical ❑ Flemish ❑ _course American S. Roof Type ❑ stretcher ❑ shed ❑ hipped ❑ other ❑ parapet? ❑ pyramidal? ❑ stone ❑ gable ❑ mansard ❑ random rubble ❑ pediment? ❑ false mansard ❑ coursed nibble ❑ parapet? ❑ gambrel ❑ ashlai ❑ dressed ❑ clipped end? ❑ flat ❑ rock-faced ❑ cross gable? ❑ parapet? ❑ log. ❑ antral front gable? ❑ roof not visible ❑ squared ❑ unsquartd ❑ other notching: ❑ V-notch ❑ half dovetail 6. Roofmg Material ❑ saddle ❑ full dovetail ❑ square ❑ diamond ❑ shingle ❑ concrete block ❑ composition (asphalt, asbestos, etc.) ❑ terra cotta ❑ wood ❑ steel frame ❑ metal ❑ other ❑ standing seam ❑ corrugated ❑ pressed tin (simulated shingles) 2. Cladding Material ❑ the eatherboard ❑ composition siding ki-tical ❑ pantile ❑ flat ❑glazed ❑ slate siding ❑ stucco ❑ not visible ❑ board & batten ❑ aluminum or vinyl siding ❑ shingle: ❑ cast iron 7. Dormers (number): front side ❑ wood O shat metal ❑ gable ❑ pWuncnt? ❑ asbestos ❑ enameled metal ❑ shed ❑ asphalt ❑ glass ❑ hipped ❑ bricktex ❑ other 8. Primary Porch style i stones levels bays ' JI materials j description and decorative details • 9. General supplementary tion and decoration: House is deme ished & replaced by a £railer. Outbuildings that i mitin include a fine frame bank barn w/ 3 large cupc several frame (german lap) chicken coops, machine 10. Major additions and alterations: ( sleds, & several modern pc lbarns . Ccrn crib moved to side & converted into a tenant house. 11. Outbuildings: 12. Landscape Features: Set in valley by a spring; 100 acres; right at edg, of Winchester city limits, surrounded by residents: development. 13. Significance: The original house burned in 1968. Some Civil War gun implacements were located along the ridge. A 2 -story log house used to sit on property. Current owner Kenneth Marshall. Surveyed by: M. KALBIAN & J. FERKINS Date: 1192 ?F 40 I TA 40 Date 3/ File No. Name Town County Photographer Contents Ah Ak A VIRGINIA 239 DIVISION OF HISTORIC LANDMARKS Li Negative no(s). v. o RISCiORIO DISTRIC—LI BRIFF SURVEY FORM City/Town/Village/Hamlet RURAL COUNTY County FREDERICK Street address or route number Rt. 622 U.S.G.S. Quad Winchester H�-toric name S. Brown (Lake's Atlas) Common name Brown, Stuart House Present use RFSIDENTIAT Building Style Late Federal Original use RESIDENTIAL Building Dates) ea .1660-1675 1. Construction Materials 3. Stories (number) 2 10 low basement ❑ raised basement �ood frame ❑ Mick 4. B s (number): front i side (church) bond: ❑ English I symmetrical ❑ asymmetrical ❑ Flemish ❑ _-course American 5. Roof Type ❑ stretcher ❑ shed ❑ hipped ❑ other ❑ parapet? ❑ pyramidal? ❑ stone ble ❑ mansard ❑ random rubble ❑ pediment? ❑ false mansard ❑ coursed rubble ❑ parapet? ❑ gambrel ❑ ashlar ❑ dressed ❑ clipped end? ❑ flat ❑ rock -faced ❑ cross gable? ❑ parapet? ❑ log ❑ central front gable? ❑ roof not visible ❑ squared ❑ unsquared ❑ other notching: ❑ V -notch ❑ half dovetail 6. Roofing Material ❑ saddle ❑ full dovetail ❑ square ❑ diamond ❑ shingle ❑ concrete block ❑ composition (asphalt, asbestos, etc.) ❑ terra cotta ❑ steel frame wood ❑ other 1—metal standing seam corrugated ❑ pressed tin (simulated shingles) 2- Cladding Material ❑ the ❑ pantile ❑ flat ❑ glazed ❑ weatherboard ❑ composition siding ❑ slate ❑ vertical siding ❑ stucco ❑ not visible ❑ board & batten aluminum or vinyt siding ❑ shingle: /❑ cast iron 7. Dormers (number): front side ❑ wood ❑ sheet metal ❑ gable ❑ pediment? ❑ asbestos ❑ enameled metal ❑ shod ❑ asphalt ❑ glass ❑ hipped ❑ bricktex ❑ other 8. Primary Porch style Vernacular rl i stories I levels full height bays 4 materials wood desorption and decorative details 4 Chamfered columns; sawn trimwork in cornice; concrete pad. . - z If Gerte p Iem nt dam,, U'on and d on Lc°uvered shu ers; rg%sf tinc�ow� 2 i�it. end br chimneys; 2 4 - light attic windows; 3—light transom over door; b 1:; : a''!; 11M,� Ili l ! head basement entry in rear; stone foundation; ex. ra ers ends; rear 10. Major additions and alterationsnntoc ell w/ central flue = sed side 2—story port New siding. i 11. Outbuildings: Frame woodshed/meathouse; corn crib; chicken coop frame barn; frame pumphouse. 12. Landscape Features: }yII hkiture trees in yard; directly off Rt. 37. • 'l 13. Significance: Although it is now clad in vinyl siding, this lat ` Federal dwelling has high architectural integrity Although probably constructed after Civil War, it resembles other antebellum houses in county. ' l J ` 1 .' : � y I � Y � urveYDate: a/�� by: M.KALBiAN & J.FERKIN. 19 0 VIRGINIA g _ 1237 DIVISION OF HISTORIC LANDMARKS Neative nos 11696 o HISTORIC DISTRICT BRIEF SURVEY FORM ICity/Town/Village/Hamlet RURAL COUNTY County Ir NL LKLUK Street address or route number Rt. 622 U.S.G.S. Quad Winchester Historic name Common name House, Pt. 622 Present use RESIDENTIAL Original use RESIDENTIAL 1. Construction Materials ;b:�ood frame ❑ brick bond: ❑ English ❑ Flemish ❑ --course American ❑ stretcher ❑ other ❑ stone ❑ random rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log: ❑ squared notching: ❑ V -notch ❑ saddle ❑ square ❑ concrete block ❑ terra cotta O steel frame ® other 2 Cladding Material ❑ weatherboard ❑ vertical siding ❑ board & batten ❑ shingle: ❑ wood ❑ asbestos ❑ asphalt ❑ bricktex ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond ❑ composition siding �tucco ❑ aluminum or vinyl siding ❑ cast iron ❑ sheet metal ❑ enameled metal ❑ glass PHOTO Building Style Vernacular I -house BuildingDate(s) ca.1890-1910 3. Stories (number) 2 - t low basement ❑ raised basement 4. Bays (number): front j side (church) )symmetrical ❑ asymmetrical 5. Roof Type ❑ shed ❑ hipped ❑ parapet? ❑ pyramidal? able ❑ mansard ❑ pediment? ❑ false mansard ❑ parapet? ❑ gambrel ❑ clipped end? ❑ flat ❑ cross gable? ❑ parapet? ❑ central front gable? ❑ roof not visible ❑ other 6. Roofing Material ❑ shingle- 0 hingle❑ composition (asphalt, asbestos, etc.) ❑ wood )O�" �tanding seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ We ❑ pantile ❑ flat ❑ glazed ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pedimcnt? ❑ shed ❑ WpPed 8. Primary Porch style Vernacular stories I levels full height. bays I materials sand description and decorative details Hipped roof; stuccoed square supports. 9. General supplementtaarryy description and deroratign: 2/2 window; Plain friezeboard; 4 -light attic window in gable gable end returns; rear 2 -story ell w/ side 2-stc parches w/ enclosed pantry, int. end flue & ext. 10. Major additions and alterations: Modern ext. end flue; stucco added. 11. Outbuildings: SFveral modern metal sheds; board & batten shed; large bank barn. 12- Landscape Features: W-=xt to an orchard; mature trees. 13. Significance: One of several I -houses along this road. It, ider to 34-1238; associated w/ Bell & Brown propertieE Surveyed by: M. KAL RTAN & J. PERKINS Date: n/92 L-� 0 0 • HISTORIC LANDMARKS COMMISSION `Negative no(s). 12034 SURVEY FORM istoric name Dr. William A. Bell (Lake's Common name Homespun ounty/Town/City Frederick Atlas) treet address or route number Rt. 622 SGS Quad Winchester Date or period late 18th—early 19th C., early to mid original owner John Miller o Architect/builder/craftsmen 19th C. (. ) original use Residential resent owner Robert White Source of name WFC Historical Society files resent owner address Winchester, Va. Source of date architectural evidence Stories 2 resent use Residential Foundation and wall const'n log Non one stone foundation additin w/ acreage t Rooftype Gabled w/ standing seam metal tate condition of structure and environs tate potential threats to structure Expansion of Cedar Creek Grade 4ote any archaeological interest Unknown ;hould be investigated for possible register potential? yes no — achitectural description (Note significant features of plan, structural system and interior and exterior decoration, aking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations nd additions. List any outbuildings and their approximate ages, cemeteries, etc.) This house is highly unusual in that the right 3 -bay section is a log dog -trot type house that is 2 log pens connected by a frame covered breezeway. Each log pen has an ext. end stone chimney w/ brick stack. The east end chimney on the log section is now a central chimney because of the side stone & brick addition. The log portion has batten doors w/ a 4 -light transom over the front & rear entrances. It also has 6/6 windows, 2 4 -light attic windows in the west gable ends, and is covered in weatherboard sidiing. It appears that both log pens and the breezeway were all built at the same time. The 2 -story brick & stone side addition is 2 bays asymmetrical. The first floor is laid in ransom rubble stone and the second floor is laid in 5 -course American bond brick. It has 6/6 windows w/ wooden lintels, a stepped brick cornice, and an ext. end stone and brick chimney. It also has a 1 -bay vernacular shed -roofed stoop. The brick and stone have been painted. The house recently had the addition of 2 -story 2 -level rear porches made of modern pres- sure treated lumber. The replaced the original rear porch. Beneath the east log section is a basement w/ an entry on the south side. The entire log section sits on this basement. Additions to the house include a modern rear deck; new snap -in 6/6 windows in the log section and new weatherboard siding. outbuildings include a 1 -story stone meathouse; a frame corn crib, and several frame sheds. The property sits immediately off of Cedar Creek Grade (Rt. 622) amid several mature trees. A 2 -rail split rail fence is located in the front. A highly rare example of a double pen log dwelling attached by a frame connector. Interior inspected? Yes. Historical significance (Chain of title; individuals, families, events, etc., associated with the property.) 1815 John Miller left house & approx 225 acres to daughter Rebecca Miller Bell It remained in Bell family until Civil War when John N. Bell lost the property to creditors while he was being held prisoner -of -war. Mr. Stewart Bell, Sr., a grand- son bought the property back & finished paying off his debt 1.00 years later. -CYT..- - y ,y - ♦ AI..... � .i''1115 a, � Ja:1.,o>r. �•n3' � �' � � , ray 4 �: •6'M"5. Rt f F" S'` � rf s• r � .. r 1tr is •_, :-„ r_ .i.�' n.a i 'h7 r,�� �''{�--f'_a.Ir ,4+•,.. �` �-? � �3 r ' � , / ISM J ,�ir�[i y'�',;°.� '`'*z � ..y:- .... ��,.+'-+,� : • ,� M � Y f tr r ,• tee. r„ `� e. .�y S r ;•• �-_ — �ri F go t.. _r ➢ #34-1236 (Penbrook Cove Farm) — Barn Structure ➢ #34-1236 (Penbrook Cove Farm) — Storage Structure ,.,AM POOR Ism. - - i y . 4 ➢ Homespun commercial entrance alignment with Birchmont Drive — view south ➢ Homespun commercial entrance alignment with Birchmont Drive — view north