The URL can be used to link to this page

HRAB 01-13-09 Meeting AgendaTO: FROM: RE: DATE: MEMORANDUM Historic Resources Advisory Board Amber Powers January 2009 Meeting Agenda December 29, 2008 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, January 13, 2009, 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: AGENDA 1. 2009 Meeting Dates 2. November Minutes 3. Bishop - Amari Property Rezoning Proposal 4. Opequon Crossing Rezoning Proposal - Proffer Revision Silver Lake, LLC Property Rezoning Proposal 6. 2042 Martinsburg Pike, AT&T CUP Application for a 120 foot Cell Phone Tower 7. Conclusion of Comprehensive Policy Plan Amendment Discussion 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). ALP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FREDERICK COUNTY HISTORIC RESOURCES ADVISORY BOARD (HRAB) 2€109 TENTATIVE MEETING DATES January 13, 2009 February 17, 2009 March 17, 2009 April 21, 2009 May 19, 2009 June 16, 2009 July 21, 2009 August 18, 2009 September 15, 2009 October 20, 2009 November 17, 2009 December 15, 2009 HRAB meetings are tentatively scheduled for the third Tuesday of each month and begin at 6:30p. m. For further information, please call Candice Perkins at 540-665-5651. Frederick County Historic Resources Advisory Board (HRAB) November 18, 2008 Board of Super -visors Executive Session Room of the County Administrative building 107 North Kent Street Winchester, VA Members Present: Rhoda Kriz (Chairman), Elizabeth Fravel (Vice Chairman), Gary Oates, Stacey Yost, Claus Bader, Mary Turner Members Absent: Martin Killingbeck Staff Absent: Mara] Kalbain, Amber Powers Staff Present: June Wilmot, Candice Perkins Agenda Items: Comprehensive Policy Plan Amendment Call to order at 6:30 PM. The minutes of November 18, 2008 were approved with the with the noted corrections. Item One: The item presented for discussion during the meeting was the Comprehensive Policy Plan Amendment. Following the draft's rewrite by a professional technical writer, the Board was asked to review the Amendment and provide comments. Several issues were mentioned throughout the discussion, including the possibility of inserting text about each of the post-war decades, from the late 1940's through present day. The location most appropriate for this insert remained unclear. Action: Members were asked to submit revisions, comments and proposed text inserts for compilation via email within the weeks following the meeting. Following this discussion, members briefly addressed the need for a meeting in the month of December, and agreed that unless an application was submitted for review, the Board had no pressing need to meet and could resolve any Comprehensive Plan Amendment comments via email. Meeting was adjourned at 7:45. MAP 25: 8N..'UNO 114 0-'GHITY - 1991 (M!"Ibor-9 koyc"d to T IN . ... 'FC-ity of Winchester CD7 Vt ?) 7 el -11 J FK7 fL SM, 'l— Uddty er Cil, W.d- MAP 25: 8N..'UNO 114 0-'GHITY - 1991 (M!"Ibor-9 koyc"d to The applicant has proffered the building height will not exceed 30 feet and building materials will be of a similar theme. The applicant has also provided proffers regarding lighting, gasoline island placement and signage. The proffers indicate that the site may be developed as a gas station with up to 16 pumps, all of which would be positioned away from the road so as to not be visible. Please find attached for your information a map of the site, the impact analysis and the proffer statement and GDP provided by the applicant. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Bishop -Amari Property rezoning proposal when it is submitted. HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: 2456 Martinsburg Pike Winchester VA 22603 PROPERTY OWNERS NAME: Thomas Amari I TELEPHONE NUMBER: (540) 974-1175 PROPERTY OWNERS ADDRESS: 285 Boggess Lane Winchester, VA 22603 ARCHITECT/DESIGNER: N/A I TELEPHONE NUMBER: N/A Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. The property owner is petitioning the Frederick County Board of Supervisors to rezone the 2.77± acre parcel from RA District to B2 District with proffers. The property owner desires to develop the property as a commercial corner located at the intersection of Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Route 761). 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) N/A Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): 44-((A))-43 Name of Applicant: Greenway Engineering Telephone Number (540) 662-4185 Address: Street 151 Windy Hill Lane City Winchester State VA Zip 22602 Signature: Print Name: Date: I�VA-,,3 A. 4,Iw+-r1- Please note that the applican or his/her appointed representative must be present at the meeting. RREENUJAT ENRINEERINGs INC. 151 Windy Hill Lane Winchester, Virginia 22602 i bund; d in 1971 November 14, 2008 Frederick County Planning Department Attn: Amber Powers 107 North Kent Street Winchester, VA 22601 RE: Bishop -Amari Rezoning Application — HRAB Comments Dear Amber: The purpose of this letter is to request inclusion on the Historic Resources Advisory Board (I ARAB) agenda in December 2008 to discuss the referenced rezoning application. The 2.77± acre Bisbop-Amari property is located in the northeastern quadrant of the Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Route 761) intersection in the Stonewall magisterial District. The property owners desire to rezone this property from RA District to B2 District for the purpose of commercial development and plan to market the property for development immediately following rezoning approval, which is anticipated to occur in March 2009. The 2.77± acre parcel is currently developed with two residences. The Frederick County Rural Landmarks Survey does not identify either residential structure as potentially significant. The structures that are deemed to be historically significant within proximity of this site are Kenilworth (#34-113) and Woodburn (#34-102). Both sites are located more than 1/2 mile from this parcel and are not visible from the property. The 2.77± acre parcel is not located within an identified historic district area per the Frederick County Comprehensive Policy Plan. However, the parcel is located within the Second Winchester defined core battlefield area for Stephenson's Depot per the National Park Service Study of Civil War Sites in the Shenandoah Valley. The mapping for this document identifies the parcel as an area of retained integrity, although it is currently developed for residential land use. The Frederick County Comprehensive Policy Plan identifies the 2.77± acre area as a component of the Northeast Land Use Plan. This document identifies this parcel as an area for future business land use and recognizes the parcel across Old Charles Town Road as a developmentally sensitive area (DSA). In order to develop this parcel in conformity with the Comprehensive Policy Plan, the property owners have prepared a proffer statement that attempts to mitigate impacts to the DSA located across Old Charles Town Road. The proffer statement requires commercial building to be located in the front of the property with parking behind the structures; establishes limitations for commercial land uses, building heights, signage, and lighting; requires rooflines to screen Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project #4906/EAW www.greenwayeng.com mechanical equipment and gasoline canopies; provides for consistency with construction materials on all building walls and roofs; and provides for an informational kiosk on the main plaza area of the development to advise patrons of historically significant features within the area, or which the HRAB would assist in the development of this information. Please find attached all applicable information for the December 2008 HRAB meeting. Please contact me to advise of the date of this meeting and if you need any additional information at this time. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Thomas Amari Project #4906/EAW REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. 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. Applicant: Name: Greenway Engineering Telephone: 540-662-6816 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: GregoKy Bishop & Thomas Amari Telephone: (540) 974-1175 Address: 285 Boggess Lane, Winchester, VA 22603 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement 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: Gregory Bishop Thomas Amari 5. A) Current Use of the Property: Residential B) Proposed Use of the Property: Commercial 6. Adjoining Property: Please refer to attached Adjoining Property Owner Map and Table. PARCEL ID NUMBER USE ZONING 44-((A))-5 Commercial RA District 44-((A))-40 Unimproved RA District 44-((A))-42 Unimproved M1 District 44-((A))-46 Commercial & Residential M1 District 44-((A))-47 Residential RA District 44B-((1))-1 Unim roved B2 District 44B-((1))-2 Residential B2 District 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): The subject property is located in the northeast quadrant of the intersection of Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Route 761) 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 Numbers 44-A-43 Magisterial: Fire Service: Rescue Service Stonewall Clear Brook Clear Brook Districts High School: Middle School: Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.77± RA District B2 District 2.77± 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: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Office: Retail: Restaurant: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other See Note Note: The Applicants' Proffer Statement limits occupied commercial development to a maximum of 20,000 square feet, of which no more than 5,000 square feet can be in restaurant land use. 12. Signature: T (we), the l�n(1P_.rsi_gnPd, 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 Countv. 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): Date: 7/0'6 Owner (s): Date: Date: IMPACT ANALYSIS STATEMENT BISHOP - AMARI PROPERTY REZONING Frederick County, Virginia Stonewall Magisterial District Tax Parcel # 44-A-43 Aggregate Area of 2.77± acres October 27, 2008 Current Owner: Gregory Bishop Thomas Amari Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Engineering Reference Manual, 4'b Edition). The following figures show the increase in the average annual volume based on a maximum development of 20,000 square feet of commercial land use: AV V = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 cu. Yd. x 20.0 AAV = 108.0 cu. Yd. at build out, or 75.6 tons 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 maximum development of the commercial center will generate approximately 75.6 tons of solid waste annually on average. This represents a 0.037% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently average 200,000 tons per year•, therefore, this information demonstrates that the Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. Solid waste produced by the proposed commercial development will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. HISTORICAL SITES AND STRUCTURES The 2.77± acre site does not contain structures deemed to be historically significant, nor are there potentially significant structures adjacent to the subject property. The Frederick County Rural Landmarks Survey identifies Kenilworth (#34-113) approximately 3/4 mile north of the subject property Woodburn (#34-102) approximately '/s mile southwest of the subject property. Neither of these structures are visible from the subject property; therefore, the development of this property will not negatively impact these structures or their viewsheds. The entire 2.77± acre subject property is located within the identified core battlefield area of Second Winchester-Stephenson's Depot. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this portion of the core battlefield area as "retained integrity"; however, it should be noted that there are two residents that have been developed on the subject property. The Applicants have prepared a proffer statement, which includes a section entitled Site Design Controls to mitigate potential impacts to the Second Winchester-Stephenson's Depot viewshed on the south side of Old Charles Town Road (Route 761). This section of the proffer statement includes the orientation of all occupied commercial structures along the frontage of Old Charles Town Road; the prohibition of parking spaces in front of the occupied commercial structures; the placement of gasoline canopies behind the occupied commercial structures; the reduction of permitted structural heights and outdoor lighting fixtures; the screening of roof -mounted mechanical equipment; and the reduction of permitted sign height and sign size. Additionally, the proffer statement commits to the placement of an information kiosk on the plaza for the development that will provide historic information as deemed File #4906/EAW Greenway Engineering October 27, 2008 Bishop -Amari Rezoning appropriate by the County's Historic Resources Advisory Board (HRAB). Therefore, the Applicants' proffer statement provides measures to mitigate viewshed impacts to this portion of the core battlefield area. OTHER IMPACTS The rezoning and commercial development of the 2.77± acre subject property is not anticipated to negatively impact public services and will provide economic development revenue that will benefit the County. However, the Applicants' proffer statement provides a monetary contribution that is equally distributed between the Clear Brook Volunteer Fire and Rescue Company and Frederick County for general fire and rescue services. No additional impacts to County capital facilities or services are anticipated by this economic development project. File #4906/EAW 9 Greenway Engineering October 27. 2008 Bishop -Amari Rezoning HESHO"p-AMARA PROPERTY PROFFER STATEMENT REZONING: RZ # Rural Areas District (RA) to Business General District (132) PROPERTY: 2.77 acres± Tax Parcel #44-((A))-43 (here -in after the "Property") RECORD OWNER: Gregory A. Bishop and Thomas Amari APPLICANT: Gregory A. Bishop and Thomas Amari (here -in after the "Applicants") PROJECT NAME: Bishop -Amari Property ORIGINAL DATE OF PROFFERS: October 27, 2008 REVISION DATE: Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 2.77± -acres from the Rural Areas (RA) District to establish 2.77± -acres of B-2, Business General 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 and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Gregory A. Bishop and Thomas Amari, being all of Tax Map Parcel 44-((A))-43, and further described by Boundary Survey Plat prepared by Marsh & Legge Land Surveyors, P.L.C., dated May 24, 2006 (see attached Boundary Survey Plat), and by Deed recorded as Instrument #080005787 in the Frederick County Clerk of Courts Office. File #4906/EAW Greenway Engineering October 27, 2008 Bishop -Amari Rezoning PROFFER STATEMENT A.) Lancs Use Restrictions 1. The Applicants hereby proffer to limit commercial structure development to a maximum of 20,000 square feet within the Property. it is recognized that gasoline canopies and gasoline pumps are excluded from the 20,000 square feet total identified in this section. 2. The Applicants hereby proffer to limit restaurant land use to 5,000 square feet of the maximum 20,000 square feet identified in Section A(1) of the proffer statement, and to limit gasoline pumps to a maximum of 16 pumps to ensure consistency with the traffic impact analysis prepared for this rezoning application. 3. The Applicants hereby proffer to prohibit the following land uses within the Property: Communication Facilities SIC 48 Truck Stops SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Miscellaneous Repair Services SIC 76 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated B.) Transportation Enhancements 1. The Applicants hereby proffer to widen the existing pavement section along the Martinsburg Pike frontage of the Property that will provide for a continuous thru lane and a separate continuous right turn lane as depicted on the Bishop -Amari Property Road Improvement Exhibit dated October 27, 2008. The Applicants proffer to construct this improvement during the development of the first Site Plan approved for the Property. The striping for these new pavement sections shall be determined by VDOT during review of the first Site Plan for the property to ensure safe and efficient traffic movement on the Martinsburg Pike corridor. 2. The Applicants hereby proffer to widen the existing pavement section along the Old Charles 'Town Road frontage of the Property that will provide for a future dual left turn lane and a separate continuous right turn lane as depicted on the File #4906/EA W 2 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning Bishop -Amari Property Road improvement Exhibit dated October 27, 2008. The Applicants proffer to construct this improvement during the development of the first Site Plan approved for the Property. The striping for these new pavement sections shall be determined by VDOT during review of the first Site Plan for the nroperty to ensure safe and efficient traffic movement on the Old Charles Town Road corridor. 3. The Applicants hereby proffer to limit the number of entrances to the Property that intersect Old Charlestown Road (Route 761) to provide for one full commercial entrance, and to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one right -in and right - out access that is designed to prohibit left turn movements. 4. The Applicants hereby proffer to provide for an inter -parcel parking lot access drive located a minimum of 25 feet from the eastern Property line to allow for access to tax map parcel 44-((A))-42 and tax map parcel 44-((A))-47. The Applicants proffer to construct this improvement during the development of the first Site Plan approved for the Property, and will provide the County with a copy of the recorded deed of easement document allowing ingress/egress to these properties as a condition of final Site Plan approval. 5. The Applicants hereby proffer to provide a monetary contribution of $5,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County at the time of building permit issuance for the first Site Plan approval on the Property and may be utilized by Frederick County as local match funding for any applicable transportation improvement or enhancement application associated with the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). C.) Site Design Controls 1. Building Placement. The Applicants hereby proffer to orient all occupied commercial structures along Martinsburg Pike (U.S. Route 11) and Old Charles Town Road (Rt. 76 1) and to prohibit parking spaces and travels aisles between all occupied commercial structure frontages and adjoining public streets. P. 2. Plaza Area. The Applicants hereby proffer to develop a plaza area adjoining the occupied commercial structures. The plaza area will be a minimum of 2,000 square feet. File #4906/EAW 3 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning 3. Historic Information Kiosk. The Applicants hereby proffer to develop a kiosk that will be located on the plaza area, which will be utilized as an information center for historic features within the '—` community. The Applicants will work with the Frederick County Historic Resources Advisory Board (HRAB) in the development of information that will be displayed in the kiosk. 4. Building Height. The Applicants hereby proffer to limit all structures to a maximum of thirty (30) feet in height. 5. Construction Materials. The Applicants hereby proffer to utilize similar development themes and similar construction materials on all walls and roofs for all occupied commercial structures. The principal construction materials shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. 6. Rooflines. The Applicants hereby proffer that all occupied commercial structures shall be designed with roof systems that are designed to screen mechanical equipment from view of adjoining public streets. 7. Building Lighting. The Applicants hereby proffer to restrict lighting along adjoining public streets to building mounted lighting fixtures and ground lighting fixtures. Additionally, the applicant further proffers to restrict pole mounted lighting fixtures within the parking lot area to a maximum of twenty-five (25) feet in height and will design all pole mounted lighting fixtures to be hooded to ensure that parking lot lighting is directed downward. 8. Gasoline Fueling Islands. The Applicants hereby proffer to restrict the placement of any gasoline fueling islands and canopies so they are located behind occupied commercial structures. Additionally, the Applicants proffer that the gasoline fueling island canopy will be at a height lower than the roofline of the occupied commercial structures located along Old Charles Town Road (Rt. 761) to mitigate viewshed impacts from the property located on the south side of Old Charles Town Road. File #4906/EAW 4 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning 9. Signage. The Applicants hereby proffer to limit the number of freestanding business signs to one sign along each public street frontage. Additionally, the Applicants proffer to limit the freestanding business signs to a maximum of 12 feet in height and a maximum of 75 square feet. 10. Buffers and Screening. The Applicants hereby proffer to provide landscape screening to mitigate the viewshed between parking areas and public streets. This landscaping shall consist of a combination of evergreen trees that are a minimum of four feet in height at planting and shrubs that are a minimum three (3) gallon at planting and shall be oriented not to impact required sight distance at the commercial entrances on public streets. Additionally, the Applicants proffer to develop a landscape screen between the inter - parcel parking lot access drive and tax map parcel 44-((A))-42. This landscape screen shall consist of a single row of evergreen trees that are a minimum of four feet in height at planting and are planted on 10 -foot centers. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $2,000.00 ($0.10 per proffered building square foot), of which $1,000.00 is to be designated for the Clear Brook Volunteer Fire and Rescue Company and $1,000.00 is to be designated for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #4906/EAW 5 Greenway Engineering October 27, 2008 Bishop -Amari Rezoning E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. Ln the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Date: Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20_ by My Commission Expires Notary Public 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 #4906/EAW 6 CD 080005787 ki) U, 1, fouglas C,% Lgge, thizi Mh JM .IC My 2MMak hwAy soul Uxat the phtEt attached lic—eto is it tree copy of a sncvey malt, under iny snpei,vision on April 26, '2006 oftho land desil,!-)ated PIN 44 ix. - 43 standing in the nmue of Gregory A, Bi,,Aiap and "I.s convep..,,I by ewed dated 1.6 ivae, 200,15 and recorded among the IRnd records of Frederick County, Viriginia as Instrnmont PAmber 0500129311 The said land W, in the Stonewall Magisix!rial. Di�4rict of K,cdeviek County, Virgi.nia. COArvIONWEA111:111 OF VIRGTNIA, AT' IARGE- The foregoing it stritinient ivies acknowledged before mv by Mom C. UMgo (liven Under my hand thi,". (lay of --N!AaY-- 2008, ..... ....... A - —1 IMY % Q10 117l' PLIbliC 03 k-2 PW 44-A-47 635 K 1212 0 ld Y L J.. MlflK 6, gel e� PIN 444 -A -J-0 2 -WO ACPES f,i 11 A 12 . 95 14� "fit Y_ 7" EWING Ll 11 S ----------- -J, - -------- --- ------------ ---------- ------ ------ 76 -------------------- ------------- X VA 'TOWN <_1 ol 1) 174 R (76 r �tqL) IIY f-F—GUY0 IAS - IRV F.00 SET I -RI, - VtilAING PcMXTl;yl UNE vr - It"Ell Up r-& - WXXX04 UGIT ME FH - fikE H)V?ANT x — - flNllf unc WYP U V 1.11 Y POLE --r- - OV50EAD WWII W& GRAPHIC ; CALE i 4FLIAT' T,11 -1F Vh, e, A 1 Inch Vo ft. 0041 7AR1.1.7 AIQTC'j� cnb�,b I '&Y, ?IA 7mv NO 717Z E REPOR T ILWeVISHED. la, �;xllv og IV[ 151. ;--,YjT2�;4 44-A-43 t. CASDVENTS V4 Y EXIST nm r ARE NOT 5,10MV ON WIF PI 4 l. � POL,;MOARY 1t;FCV,,'ATX '1V -SHOMN HEREON !S tA3k7J WON AN AC -7U,14 RUN SURWY COMPLETE -0 ON APRIL 16, 2006 AND CY&WACO TO A PIA)' OF Sr 1/f 4-Y CN717t. -0 'FA.A I' OF A EUPIVEY AMDE FOR P Ht' -,RS OF ci j M. SON ' DA ]ED AfAT 21, 1979, R Y C H. A ftil,'L ANO, C t. S, AND PrCI)JeLl,:'d rN DEED D p(()K 43 i AT, f:C: - ROUAIDARY . VEY OF 71 -IE I AMV Or CRE*6�01:?Y A ANI) TI-101VA -'-7 A IVA R/ .2456 bl(4R?1N-,9lJRG PIKF SJC)All-$IAIL AIAGISMRIAL D15YOCT fRZPETWCK COL/WY VIRGINIA 41A Y 24, 2006 "jil C)'p, 001 560 NORTH LOUDOUPT sni ET WINCHESTER, �1`-GINJA 22�61 MAJ--?,S-1lJ & LF.11( El I'HONE 540� G(37 0468 A/ Land S-urveyors, P.L.C. Aerial Overview Bishop -Amari Parcel, Route 11 North g� _ W, f� wi �' IW 'A I w r,�\C,fr + w J a LIJ 0O SPPI t x •. p � OC Q ai %�4i' ate, iY �T W O 0 Sf� '3 4r�T �' �i � ' r 6 * ' • b ± OCD"'4{ R{ DHakcss W r, �' � , -� �_ , 3 y F9 qrt� i 3� z r y �wN RD 'r•�r� �� '' m d%O U w f','Y - Lu w fL ILr D W Q a �. �.� i �. r V► s 0z¢w�� Feet — i L end ie j �L o o c� o ,��.I, 3, Q cL a 200 100 0 200 400 Bishop -Amari Parcel ' +: * • • . w•�• w v a 5 --- ,w ¢ 3 w �. Parcel Boundaries K !' �' /qa0 ZO ¢ 4 t • /r 2 o a + F w --- -- --._ ��,_�....d., MapDeta Source. Fretleiick Count , Va. GIS •"` '�`-;�'�`-��•• - -- Y Department. Apnl 20DB Dela, Aerial Photos Irom March 2006 - ..®�—�—�„am,�„m,,,; �,,,,, � � _ • - ,• g� p y 1 Environmental Features - ' Bishop -Amari Parcel, Route 11 North rye �w t� „ .z; ,z; - I �q tw s,. Fes' //, Z Q O 1 ww F > W cam_. Z L Bishop-Amari Parcelffc7 Z Parcel Boundaries w O U Streams ¢ w cc _ Feet~ - _ 0- 200 100 0 — —200 400 Map Dale source: Frederick County, Va. GIS Depzdment, APO 2X08 Data Lakes & Ponds Wetlands Floodplain 5 Foot Contours J W U = d n O Fr Z Q *- Qw O= =o m Feet I f�� 600 300 0 600 1,200 Map Data Source; Frederick county. Vaci5 oeFarimenl. April 2008 Vala; FCSA 2006 81. C9 z W tM W BaC c� U) W J z J J 0 _ h 2 0 Caw OO o Z 3 zW M o Q ,— Q 2 � U) LLI M Q LU z o o O w Y -CC fr Q < m � 2 0 U o o o � U) < 2 LD LU z o o fr Q > Z 3 LU m .. Lamnd ¢ W Z Q O w w _' a ¢ a i.-_? Bishop -Amari Parcel a cc w ¢ o 0 o Parcel Boundaries a ¢ Z n w o Water System O O N Sewer System U) - w CC LU YX 44-A-47 IW o it ZAPPgK LxCAT` LU OiOM ny ��. (RIGHT N / RIGHT OLM \ Lu b 9; r r J W TAt 0 44-A-42 m APPROXENTRANCE / X E '*• LOCATION L Lil U UJ RIGHT O C�I..�D CHAIRL ~ x -xELA(NE ;n1Or',.v ---- yy fit C) =XCL-- �w o `.) a C� PROPOSED PAVEMENT En, 0 -� EXISTING PAVEMENT o LANF. STRIPING PLAN! TO BE APPROVED BY VDOT GATE, 10/27/OB aO 40 p 80 160 SCALE. C - 60' DESIGNED BY: EJC SCALE: I" = ao JOD NO. 4906 SHEET 1 OPI ... —�)> lel ••!` - .: p� '�� !;<e �'-�30 � � �.�— _�.. /� �'� ( /-v'li da, ii ,.. •HID / � )JI .1 � �- ,fit _, I n -- � ,� '� )(I I X111 '�S ei' f 1 r' �R—� .B�' aM i`� o; _ --, I / � N r r. � -><—' �� = Iii yoo x/''633\ Area i �\ ,6 0 ni _ \ . ��J \ �;l (. (� / fir,, '✓ /�\ ;�' Harv. �� • q• — Frey¢ % �1 wv railer – �� _ _ '' < 51615 r j3m �`��iln 4 A06 60 q�/� � I,i \ '/ , � �- c �-__�� ` (i✓//� .I\ Ili\ � �p � � C) ��=�_� , � � _:. �\\ \, tt r5813 y'-f� 1 -;li,�l T(��"� -�I / i(_ '��- __�1 1))��,_� r� I• �'��\ �1 �\��C«;., k' -7.-t1 �, � � \�`,i � -o�phenson T r �� - `y�� ,, ;.{ '.,, i � ••� -__ - � ��A �2 . 1 �.�)I � n �v�l �� IA-1�--- i goo:' Or- i diVY a. %' a• /; // )) A \ JI`,� J II r, ��"�� To4V 1667 " I' '�sz3 A y✓� �O v� r� �� 0 1 �n � �� ) � I I �� •/%643 .� -u-� �). � � �`\`��i� .. / � - e � � l ; Sg- VA � �� ; ,�� 1 ��I r ,f� �' °�� v ';� r�' 761 : • 7 /�' �� :._ — — �� -!/J II _ I � '/i it � � I �' � \ t . I G i �� _�• -. _ _ ��r p _ ��.- I _ �� . � "J / �;, ss0 ',J �'i� �\ �l I ) -/�i j �,�1°('ll1 � /ii. �. �i-J^\�,�, �� •�') \�r..;l %�\ �-i� ��, U�I�� ci, \RI j1))\� _63 1� I{bun 01 as C) 5,5 o� f /�l'�•I �) 600 -�'� �ir-��"-� ��I� �((, � �A��:) ��1 "� _-�v1- j��1� I I), o 60, Iit 00 ��_,, O M-5) 4 ^ \ /�1 ��11 _ �_ Ss \ � r � �l i I 1 o 11 c )J 1 �� o` I 1 74� U 1 I G �� I II i I` l � I/.�1 1��i.i.,, �� j �� t`. �l A (1\l�` °IIS. III II ��. {� �� il�,l o .-_ r. tomV✓ ''A •III lo 6 ! ,� �7 J 1 -u� �// . i� tl �l_•� ��' �' /_` ' / �, ��1�o°1l _ _��1 575 I - ,rrj MAP 25: SECOND WINCHESTER INTEGRITY - 199-1 (Numbers keyed to battle phases) Item # 4 Opeeluon Crossing Rezoning Proffer Revision Proposal Patton Harris Rust & Associates has requested comments from the HRAB regarding their revision of their proffer statement for the Opequon Crossing rezoning. The project was originally reviewed by the HRAB in May of 2007. The proffer revisions currently under review include changes to address the HRAB's original concerns: 1) Provided a proffer for documenting the existing structures. This is in keeping with what was done for the BPG property and Artillery Business Center. (Proffer 12.1) 2) Provided for a double row of evergreens along the common property line with Valley Mill Farm to provide a year round screen. (Proffer 12.2) 3) Modified the project name from "Village at Opequon" to "Opequon Crossing" to ensure that the project is not confused with the existing Opequon Village. The proposal sought to rezone 70.15 acres from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District. The property is located west of Eddys Lane and south of Valley Mill Rd. The applicant is proposing to develop the site as a mixed residential development (the housing unit proposal remains unchanged with a maximum 155 single family homes and 170 townhomes). The original and revised proffer statements and generalized development plans are attached with this agenda. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the Village at Opequon rezoning site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County Virginia identified the Adams Farm (#34-397) on the property and four historical sites within close proximity of the rezoning. One of the historical sites within close proximity is identified as potentially significant; the following four are the structures within close proximity: • Valley Mill Farm (#34-108), listed as potentially significant • House, Route 659 (#34-396) • Haggerty House (#34-398) • Carter-Lee-Damron House (#34-1150) Representatives for the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the application package for the Opequon Crossing rezoning proposal when it is submitted. COUNTY of FREDERICK Department of Planning and Development _.:.: 540/665-5651 FAX: 540/665-63' j.s MEMORANDUM � TO: I fisioric Resources Advisory Board FROM: I.a�.arcr L. Kre ��na. lotrin� lnspec i�r RE: NIay `leeting A,enda DATE: Mav 7. 2007 The Frederick County Historic Rcsources Advisor, Board (HR1B).ill he meeting on Tuesdav, alae 15'h. 2007 at 6:30 p.m.. in the Board of Supervisors Executive Session Room* in th;. Frederick County Administration Building. 107 'North Kent Street. \� inchester. Virginia. The I IRAB «ill discuss the folio\ ink, items: A G DA V April 2007 Minutes ?. Shade I;lin Rezoning, Proposal. presented by PHR&A 3. Villages at Opequon Rezoning Proposal. presented by PHR&A 4. Other Please contact t ;is oil -ice if \ou «ill not be abl to attend the mcctin,. Thank -vou. *J0LE.4SE ,VOTE JEET1A'G LOCA TIO., Access to this building is limited during the evening hours. Therefore, it will be necessan, 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). LEK.'blhd :attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 24, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 RE: Villages at Opequon Rezoning; Property Identification Number (PIN): 55-A-210; Current Zoning District: RA (Rural Areas); Proposed Zoning District: RP (Residential Performance) Dear Mr. Sowers: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of May 15, 2007. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report. The subject parcel is the site of the Adams Farm House (DHR #34-397) and is in close proximity to several other structures, including Valley Mill Farm (DHR # 34-108) which is on the National and Virginia Registers of Historic Places. Other properties in close proximity to the proposed rezoning project are the Route 659 House (DHR #34-396), the Haggerty House (DHR #34- 398), and the Carter-Lee-Damron House (DHR #34-1150). Historic Resources Advisory Board Concerns Although only the Valley Mill Farm property is listed as potentially significant, the HRAB did have several suggestions to mitigate the impact of the proposed development on the cluster of historic structures in this area. Both the Haggerty House and the Carter-Lee-Damron House are located on adjoining pf°opedi-es which were recelftly rezoned far residential uses similar to this proposal. The Carter-Lee-Damron house, on the Toll Brothers "Twin Lakes property, will be utilized as a recreational element for that development. The application states that the applicant proposes to construct a residential development of 155 single family homes and 170 townhomes. The HRAB feels that this proposed development can address the following issues in an effort to mitigate impacts on historic resources: 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Patrick Sowers Re: Villages at Opequon Proposal May 24, 2007 Page 2 Architectural Documentation: The HRAB felt that there is a need to document and research the historic significance of this property. The HRAB suggested documenting the house and any out buildings for their historical significance, including (but not limited to) researching and identifying past owners/occupants, significant application of building materials, and architectural features associated with the time period of construction, etc. The HRAB felt that photographs of the interior and exterior of the buildings should also be taken to visually document the Adams Farm House. Buffers and Screening: The HRAB suggested an increased buffer along the shared property line with the Valley Mill Farm property (PIN 55-A-165). The ' HRAB acknowledged the existing woodlands on the Valley Mill Farm property as well as the topography of the area as natural screening, but felt that the applicant could provide additional pine trees in this area to help mitigate the impact of this new development on the view shed of the Valley Mill Farm since it is on both State and National Registers. Development Name: Due to the fact that the Back Creek Magisterial District of Frederick County already recognizes an area as the "Historic Opequon Village" and that the Historic Opequon Village area is indicated in the Comprehensive Policy Plan as a possible historic district, the ARAB felt that the applicant could consider renaming this new development project to maintain the integrity of the potential historic district and eliminate confusion that the new development is a historic area. Thank you for your presentation to the HRAB and for the opportunity to comment on this rezoning proposal. Please feel free to contact me with any questions concerning these continents from the HRAB. S, ely, Lauren E. Krempa Planning Technician LEK/bad cc: Rhoda Kriz, HRAB Chairman Philip A. Lemieux, Red Bud District Supervisor Susan K. Eddy, Principal Planner : • ice• IN AUI v' PROJECT lip h y MA •T '.'•r r�i A'►� .?AB7l!� �l��y 1� yrs C f t Vis♦ Z-W, F -...,-�•- ti ^is" �yi��ep � yV '+: 7f 1��~VR.Gl�I^};+�-� j;: � s. Patton Harris Rust & Associates �� iOCATION UAP FIGURE 1 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Stmet, Suite 200 T^e Village PF e_L, � Winchester, Virginia 22601 t T 540.667.2139 (l' t O l e C) �! O n F 540.665.0493 SCALE: 1 " = 1000' DATE: 4/10/07 I . MINE 108 '•�' RO VAIT ww 97 PROJECT >_ SITE �yxr "•� sd+ t I r RURAL Lr' NDNLkRKS POTENTIA.LLY NU-MBER DESCRIPTION SIGNIFICA\T 397 Adams Housc No 398 llaggern• Hcusc NO i150 Carer-Lee-Darnron House No 105 Vallev NEU Far: Yes Patton Harris Rust & Associates HISTORIC STRUCTURES FIGURE 5 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 The Village + � Winchester, Virginia 22601 i 1 540-667.2139 at O p e q u o n 1 F 540.665.0493 SCALE: 1 " = 500' DATA: 5/2/07 rte__ •'�. _ ' I Patton Harris Rust & Associates ADAMS HOUSE (34-397) FIGURE 6 Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 The Village T 540.667.2139 at Opegaon -y F 540.665.0493 I DATE: 5/2/07 Item # 3 Bishop - Amari Property Rezoning I The HRAB has been asked to review and provide comment on the Bishop -Amari Property rezoning proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone 2.77 acres of land from RA (Rural Areas) District to the B2 (Business General) District for commercial uses. The property is located at 2456 Martinsburg Pike at the intersection of Martinsburg Pike (Route 11) and Old Charles Town Road (Route 761). Prepared by the applicant and attached for your information are a location map and a copy of the proffers for the project. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Bishop -Amari Property as being located within the bounds of the Second Winchester Core Battlefield. The property is adjacent to land that has retained much of its historic integrity and is designated as Development -Sensitive Area, (including the McCann property to the south of Old Charles Town Road). See the attached maps for further information. The Rural Landmarks Survey Report for Frederick County Virginia identifies four structures within the immediate area of the subject site, two structures are located on-site. The sites that are listed in the survey are: • Hoover's Auto Exchange (#34-944) — was located on site has recently been demolished • Hoover, Burton House (#34-945) — located on site • Jackson, Edgar House (#34-942) • Mason -Hoover House (#34-943) The Rural Landmarks Survey does not identify any of these structures as potentially significant, nor do any of the structures qualify for the national or state register of historic places. The applicant has attempted to address the impacts of the proposed development on the surrounding area in the proffer statement (attached). Some of the proffers for the site include: • Maximum of 20,OOOsf of commercial structure area (excluding gasoline pumps). • Maximum of 5,OOOsf of restaurant area (part of the 20,000sf). • Certain uses are prohibited on the site: communication facilities, truck stops, hotels/motels, organization hotels and lodging, car washes, miscellaneous repair services, motion picture theaters, amusement and recreation services operated indoors, golf driving ranges/miniature golf, adult retail. • All buildings shall be oriented towards Martinsburg Pike and Old Charles Town Road. • The site will have a 2,OOOsf plaza. • The applicant will develop a kiosk that will be located on the plaza area which will be utilized as an information center for historic features within the community. The gp lip cants will work with the HRAB in the development of the information displayed 111 PROPOSED PROFFER STATE E I L PROPOSED PROFFER STATEMENT REZO\f\G: ,Z. 12ura: _;teas (RA) to Residential Perfonnance (RP) PROPERTY: 71.45 Tax Map Parcel »-A-210 (tne "Property") RECORD OWNER: Canyon, LLC APPLIC_'1NT: Canyon. LLC PROJECT NAME: Village at Opcquon ORIGINAL DATE OF PROFFERS: :April 10, 2007 REVISION DATE(S): The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conforinance with the following conditions. which shall supersede all other proffers that may have been made or submitted, prior hereto. In the event that the above referenced RP conditional rezoning=is not uranted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning' defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The terns "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Village at Opequon" dated April 10, 2007 (the "GDP"), and shall include the following: Pa,zc 1 of 5 e phi ice. LAND USE 1.1 No more than 325 dwelling units shall be constructed on the property. A maximunn of 170 of the residential dwelling units constructed on the Property may be townhomes. 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS .AND PLAN APPROVALS. 2.1. Construction ofthe 325 residential dwelling units shall be phased over a three-year period commencing with the date of final rezoning (DFR). The Applicant shall not make application for more than 109 building permits for residential dwellin- units per year. 2.3 The above referenced phasing limitations are cumulative. Notwithstanding anything to the contrary contained in these Proffers, should market conditions dictate a slower pace of construction of the residential dwelling units on the Property, the time schedule for total build out of the Property may exceed three years. PARKS AND RECREATION,: 3.1 The Applicant shall design and build a recreation building in the area designated on the GDP. Any amount expended over and above the recreational unit requirements of Section 165-64. Recreational Facilities, Section A. of the Code of Frederick County shall be credited against the contribution to the County for capital improvements to capital facilities owned or maintained by the Frederick County Parks and Recreation Department. 3.2 "rhe applicant shall contribute to the County the amount of S2239 per single-family detached unit and S1712 per single-family attached unit for capital improvements to capital facilities owned or maintained by the Frederick County Parks and Recreation Department. Any cash payments would be payable upon the issuance of a building permit for each respective unit. 3.3 The recreation building shall be owned and maintained by the homeowners association ("HOA") for the Property. 3.4 Use of the recreation building shall be made available to the residents o_ the adjacent Haggert} Property Subdivision. Pa, -,c 2 of S 4. FIRE & RESCUE: 4.1 The Applicant shall contribute to the County the sum of $790 per dwelling unit for capital improvements to capital facilities owned or maintained by the Frederick County Volunteer Fire Departments located in the Redbud Magisterial District, payable upon the issuance of a building permit for each single family detached unit. 4.2 The Applicant shall contribute to the County the sum of $5S3 per dwelling unit for capital improvements to capital facilities owned or maintained by the Frederick County Volunteer Fire Departments located in the Redbud Magisterial District, payable upon the issuance of a building permit for each single family attached unit. 5. SCHOOL CONSTRUCTION: 5.1 The Applicant shall contribute to the Countv the sum of SI 7,706 per single family detached dwelling, unit for capital improvements to capital facilities located in the Redbud Magisterial District of Frederick County (Millbrook Hi sih School. Redbud Elementary School, Richard E. Byrd Middle School), payable upon the issuance of a building permit for each single family detached unit. 5.2 The Applicant shall contribute to the County the sum of S 12,192 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District of Frederick County (Millbrook High School, Redbud Elementary School, Richard E. Byrd Middle School), payable upon the issuance of a building permit for each single family attached unit. 6. LIBRARY: 6.1 The Applicant shall contribute to the County the sum of 5372 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District and owned or maintained by the Frederick County Public Library System, payable upon the issuance of a building permit for each single family detached unit. 6.2 The Applicant shall contribute to the County the sum of S285 per single family attached dwelling unit for capital improvements to capital facilities located in the Redbud Magisterial District and owned or maintained by the Frederick County Public Library System, payable upon the issuance of a building permit for each sin�_i, family attached unit. Pa,c " of 8 7. PUBLIC SAFETY: 7.1 The Applicant shall contribute to the Countv the sum of S671 per single family detached dwelling unit for capital improvements to capital facilities opined. maintained andor operated by the Frederick County Sheriff's Department, payable upon the issuance of a building permit for each single family detached unit. 7.2 The Applicant shall contribute to the County the sum of S513 per single family attached dwellingunit for capital improvements to capital facilities owned, maintained and or operated by the Frederick County Sheriff- s Department, payable upon the issuance of a building pennit for each single family attached unit. y GENERAL GOVERNMENT: 8.1 The Applicant shall contribute to the County the sum of S320 per single familv detached dwelling unit for capital improvements to capital facilities which provide general government services, payable upon the issuance of a building permit for each single family detached unit. 8.2 The Applicant shall contribute to the County the sum of $245 per single family attached dwelling unit for capital improvements to capital facilities which provide general government services, payable upon the issuance of a building permit for each single family attached unit. 9. CREATION OF HOMEOWNERS' ASSOCIATION: 9.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance and repair of all common areas, including but not limited to the recreation building, excluding any conservation areas that may be established in accordance herewith which are specifically dedicated to Frederick County (the "Count}.") or others. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties and powers as are customary for such associations or as may be required for such HOA herein. 9.2 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential Iots; (iii) common solid waste disposal programs; (iv) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or othenyise granted to the HOA by appropriate instrument and (v) responsibility for payment for maintenance of streetlights. Page 4 of 8 10. PATER & SENN`ER: 10.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority ("the FCSA"). 11. E\VIRONMENT: 11.1 Stormwater management for the Property shall be provided in accordance with all applicable ordinances. 12. TRANSPORTATION: 12.1 The Appiicant hereby proffers 53000 per unit in monetary contributions that are to be utilized for road improvements to alleviate transportation problems in the general vicinity of the Property. It is expressly understood that the County may be applying to VDOT for revenue sharing funds and that any monies paid may be utilized by the County for that purpose. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each dwelling unit. 12.2 In the event the intersection of existing Valley Mill Road (SR659) and State Route 7 is closed to vehicular traffic in the future, the Applicant shall provide a private access easement with a paved surface drivewav connection to the internal roadway system within the Property to serve only the existing residences presently located along existing Eddys Lane (SR820) (the "Private Drive Easement"). The only properties to be screed by the private access easement are the existing single family residences located on Tax Map Parcel #55 4 1 B. Tax Map Parcel #55 3 E, Tax Map Parcel =55 3 D, Tax Map Parcel #55 3 C, Tax Map Parcel #55 3 B, Tax Map Parcel #55 4 1A, Tax Map Parcel 455 4 1, Tax Map Parcel #55 42, Tax Map Parcel "55 4 3, Tax Map Parcel 455 4 4A, and Tax Map Parcel #55 A 165 (collectively the "Eddy's Lane Properties"). 12.3 Conditioned upon Eddys Lane (SR820) no longer having vehicular access to Route 7 an&or Valley Mill Road (SR659), and further conditioned upon the Eddy's Lane Properties being rezoned to facilitate development of more than the existing single family homes, the Applicant shall make available by reserving a 54 foot wide parcel of land to serve the proposed future development on the Eddy's Lane Properties (the "Reservation Parcel"). The Applicant shall retain o« nership and control of the Reservation Parcel. The Reservation Parcel shall be depicted on the GDP. Page 5 of 8 LL e_1 _ �! ----- 1 L- 1 ._. 12.x+ The Applicant sFall only be required to dedicate the Reservation Parcel for public roadway purposes if the Eddys Lane Properties at the time of their rezoning; proffer to reimburse the Applicant for their pro -rata portion of the Applicant's actual costs for designing and constructing the roadway network identified on the GDP as the "Road Work Reimbursement Area". The pro - rata portion of costs shall be based on a ratio of the proposed number of residential dwelling units proposed on each of the respective Eddys Lane Properties vs. the total number of residential dwelling units proposed to be developed on the Property, the adjacent Haggerty property, and the Eddys Lane Properties. The limits of roadwork qualifying for Road Work Reimbursement shall be described on the GDP. 12.5 Any future rezoning(s) of any parcels comprising the Eddys Lane Properties shall, as a part of their proffers, provide for the County to collect the Road Work Reimbursement from the respective applicant(s) prior to issuance of the subdivision design plan approval for the subject parcel and the County shall deliver the Road Work Reimbursement to the Applicant prior to Applicant dedicating the Reservation Parcel as a private access easement. 12.6 The Applicant reserves the right to establish a minimum per lot proffer amount to satisfy the Road Work Reimbursement requirement which may exceed the pro rata share based upon future development of the Eddys Lane Properties. 13. EXCLUSION OF PUBLIC PROPERTY FROM PROFFERS: 13.1 Any portion of the Property may hereafter be dedicated for public street purposes (or otherwise conveyed to a public entity) shall, upon such dedication, be excluded from the terns and conditions of these Proffers and the remainder of the Property shall continue to be subject to the full force and effect of these proffers. 14. SEVERABILITY: 14.1 In the event any portion of these Proffers are subsequently determined to be illegal or unenforceable, the remaining Proffers shall continue in full force and effect. 15. BINDING EFFECT: 15.1 These Proffers run with the land and shall be binding upon all heirs, executors, administrators, assigns and successors in interest of the Applicant. Page 6 o`S 16. ESCALATOR CLAUSE: 16.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 morins of the approval of this rezoning, applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with. the Urban Consumer Price Index (CP -U") published by the United States Department of Labor, such that at the time of contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date ?4 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES) APPEAR ON THE FOLLOWI\G PAGE(S) Page 7 of 8 I - _- , � --- i - - - i-- - i. - L - RESERVE AREA FOR CONNECTION TO VALLEY MILL ROAD ADAMS D S PROPER TY PROPOSS CREATION CENTER LOCA TWIN LAKES FWSA OPEQLTON 'ArWTP RESERCEL VATION PAR HAGGERTY, ROAD WORK REIMBURSEMENT AREA Patton Harris Rust A s s & o, c i a t e s GENERALIZED DEVELOPMENT PLAN rEngineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 1 Winchester, Virginia 22601 The Village T 540.667.2139 [H F 540.665.0493 at Opequon II SCALE: 1 " = 500' DATE: 4/10/07 Item # 5 Silver Lake, LLC Property Rezoning Proposal The HRAB has been asked to review and provide comment on the Silver Lake, LLC Property Rezoning Proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone 370 acres of land from RA (Rural Areas) District to the MS (Medical Support) District and the B2 (Business General) District for commercial and Continuing Care Retirement Community (CCRC) uses. The site is located on the north side of Northwestern Pike (Route 50 West); west of Retail Boulevard; and east of Poorhouse Road (Route 654). Prepared by the applicant and attached for your information are a location map and a copy of the proffers for the project. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Property as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. Seethe attached maps for further information. The Rural Landmarks Survey Report for Frederick County Virginia identifies three structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: • Hodgson House (#34-93) • Walnut Grove (#34-98) • Aspen Shade (#34-85) • Abner -Hodgson House (#34-94) Please find attached for your information a map of the site, the impact analysis and the proffer statement and GDP provided by the applicant. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed rezoning. Staff will be seeking comments from the HRAB on the historical elements possibly impacted by proposed development. The comments will be included in the rezoning application package for the Silver Lake, LLC Property rezoning proposal when it is submitted. See Attached PDF file for information about the Historic Structures associated with this application. HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: 2094 Northwestern Pike Winchester, VA 22603 (address for TM# 52 -A -C) PROPERTY OWNERS NAME: Silver Lake, LLC I TELEPHONE NUMBER: (540) 662-7215 PROPERTY OWNERS ADDRESS: 13 South Loudoun Street Winchester, VA 22601 ARCHITECT/DESIGNER: N/A TELEPHONE NUMBER: N/A Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. Silver Lake, LLC is proposing to rezone five parcels totaling approximately 370 acres to establish a Continuing Care Retirement Community that will be owned and operated by the national Lutheran Home and commercial retail and office development along the Northwestern Pike (Route 50 West) corridor. 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) N/A Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): 52 -A -C; 52-A-50; 52 -A -50A; 52-A-52; 52-A-63 Name of Applicant: Greenway Engineering Telephone Number (540) 662-4185 Address: Street 151 Windy Hill Lane City Winchester State VA Zip 22602 Signature: Print Name: Date: 17-/z-4- Please note that the applicant or his/her appointed representative must be present at the meeting. 'r Alj7� GREENWIff ENGINEERING, INC. 151 Windy Hill Lane � Winchester, Virginia 22602 Founded in 1971 December 24, 2008 Frederick County Planning Department Attn: Candice Perkins 107 North Kent Street Winchester, VA 22601 RE: Silver Lake, LLC Rezoning Application — HRAB Comments ;• :.�r Candice: The purpose of this letter is to request inclusion on the Historic Resources Advisory Board (HRAB) agenda in January 2009 to discuss the referenced rezoning application. The 370.02-± acre Silver Lake, LLC property is located on the north side of Northwestern Pike (U.S. Route 50 West) and east of Poor House Road (Route 654) in the Gainesboro Magisterial District. The property owners desire to rezone this property from RA District to MS District and B2 District for the purpose of developing a Continuing Care Retirement Community (CCRC) that will be owned and operated by the National Lutheran Home, and for commercial retail and office land use along the Northwestern Pike corridor. It is anticipated that the National Lutheran Home will begin construction of the first phase of the CCRC in March 2010, while the commercial retail and office development will occur when market conditions dictate this component of the project. The five parcels comprising the 370.02± acre project site contain two residential structures, which are utilized as rental property and an old radio station. The Frederick County Rural Landmarks Survey does not identify these structures as potentially significant from a historic standpoint. No potentially significant historic structures are located adjacent to the project site; however, structures that are deemed to be potentially significant within proximity of this site are the Hodgson House (#34-93) and Walnut Grove (#34-98). The Hodgson House is visible from the western boundary of the project site, while Walnut Grove is not visible due to topographic relief and mature woodlands located on that site. Both sites are utilized as private residences as evident by Frederick County real estate records. Additional potentially significant structures located within 1/4 to 1/2 mile of the project site include Aspen Shade (#34-85) and the Abner Hodgson House (#34-94); however, neither structure is visible from the project site. Additionally, the southwestern portion of the Second Winchester core battlefield area defined by the National Park Service Study of Civil War Sites in the Shenandoah Valley adjoins the project site near the northeastern boundary. A map exhibit entitled Silver Lake, LLC Property Historic Features has been created to provide a reference for these sites for review by the Historic Resources Advisory Board (HRAB). Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project #49285 www.greemvayeng.com The Frederick County Comprehensive Policy Plan identifies the southwestern portion of the Second Winchester core battlefield area as being incorporated into the Sewer and Water Service Area (SWSA) for future business land use. The portion of the project site located within close proximity of the future business land use area is planned to be developed as a CCRC. The Master Development Plan (MDP) that will be submitted following approval of the rezoning application will provide for the use of the existing stand of mature woodlands to be preserved along the northeastern boundary of the project site; therefore, this will adequately mitigate viewshed impacts in the interim until the adjoining property is developed for business land use. Additionally, the Frederick County Zoning Ordinance will require the MDP to provide buffering and screening on the project site along Poor House Road and along the southwestern boundary of the project site for the benefit of the existing residential land uses in the vicinity of this area. This required buffering and screening will mitigate impacts to these residential properties, as well as the Hodgson House, which is located further west than the immediately impacted residential properties. Please find attached all applicable information for the January 2009 HRAB meeting. Please contact me to advise of the date of this meeting and if you need any additional information at this time. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Ritchie Wilkins Project #49286 2 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff 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 Commissis-ner of -'Revenue. Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 0 Applicant: Name: Greenway Engineering Telephone: (540) 662-41.85 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Silver Lake, LLC Telephone: (540) 662-7215 Address: 13 South Loudoun Street Winchester, VA 22601 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 ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® 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: James R. Wilkins, Jr. James R. Wilkins, III 6. A) Current Use of the Property: Residential; Agricultural & Unimproved B) Proposed Use of the Property: Commercial Retail; Office & CCRC (Continuing Care Retirement Community) 7. Adjoining Property: Please refer to attached Adjoining Property Map & o'roperty Own r -r Information Table 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): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). Information to be Submitted for Capital Facilities Impact Model =j 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 52 -((A)) -C, 52- ((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 Mag: s Crial: Fire Service: Rescue Service: 10. 11. Gainesboro Round Hill Round Hill Districts High School: Middle School: Elementary School: lame-_ NVuou Frederick County Orchard View Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 238.96 RA District B2 District 131.06 RA District MS District 370.02 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Multi -Family Hotel Rooms: The Continuing Care Retirement Community will have a mixture of independent living units, assisted living units, and skilled nursing units proffered at a maximum density of 8 units per acre. Square Footage of Proposed Uses Office: 494,600 Service Station: Retail: 583,050 Manufacturing: Restaurant: Warehouse: 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): Date: Owner (s): Date: IMPACT ANALYSIS STATEMENT SILVER LAKE, LLC REZONING Tax Map Parcels# 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 Aggregate Area of 370.02± acres Gainesboro Magisterial District Frederick County, Virginia November 25, 2008 Current Owners: Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering Silver Lake, LLC Rezoning AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,048 CCRC residential units AV = 5,659 Cu. Yd. at CCRC build -out, or 3,961 tons/yr at build -out TOTAL AV = 8,031 tons/yr / 14 -yr build -out = 573 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 14 -year build -out of the subject site will generate on average 573 tons of solid waste annually. This represents a 0.28% 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 commercial retail, office, and CCRC is projected to increase the solid waste received by the Municipal Solid Waste area of the RegionalL , �.l+ by 4.0% annually. The commercial retail, office, and CCRC land uses will utilize commercial waste haulers for trash pickup service; 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 proposed project. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures on the 370.02± -acre site that are deemed potentially significant. Three sites within close proximity are identified as potentially significant, which include the Hodgson House (#34-93), the Hodgson -Abner House (#34-94), and Walnut Grove (#34-98); however, none of these sites are identified as properties that are potentially eligible for the state and national register of historic places. Additionally, the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) located adjacent to the subject site. The three sites identified above are all utilized as private residences. The Hodgson House is the only structure that is visible from the project site; however, it should be noted that this structure has been modified to accommodate the residential land use. The portion of the subject site near the Hodgson House is proposed as commercial land use; therefore, the County Zoning Ordinance will require buffering and screening between the proposed land use and the existing residential land uses to mitigate visual impacts. The southwestern portion of the 2nd Winchester Core Battlefield area (Phase 61 is located on adjacent properties that have been incorporated into the County's Sewer and Water Service Area (SWSA); therefore, it is anticipated that these adjoining properties will develop in the future. The identified core battlefield adjoins the portion of the 370.02± acre site that is proposed as a CCRC. The development of a CCRC will require buffering File #4928S 10 Greenway Engineering Silver Lake, LLC Rezoning and screening against the adjoining property due to the current agricultural land uses. The Master Development Plan for the CCRC will utilize the existing mature woodland areas to provide for buffering and screening; therefore, this will mitigate visual impacts to the southwestern portion of the core battlefield area on the adjoining properties. IMPACT ON COMMUNITY FACILITIES Fire and Rescue The development of commercial retail and office and a Continuing Care Retirement Community will create an impact to fire and rescue services in this area of the community. The Applicant has provided for this impact through a proffer that provides land to Frederick County for the development of a Y;e fire and rescue = *atien and support facilities. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station. The Applicant's proffer statement mitigates fire and rescue impacts. Parks and Recreation The development of commercial retail and office and a Continuing Care Retirement Community will not impact public parks and recreational facilities or operations. The Applicant has proffered land to Frederick County for the development of a new neighborhood public park. The Applicant shall dedicate a site in the area of the large pond fronting on Northwestern Pike that is a minimum of 10 acres in size to assist in the provision of public recreational opportunities in this area of the County. Educational Facilities The development of commercial retail and office and a Continuing Care Retirement Community will not impact public school facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund public schools. General Government The development of commercial retail and office and a Continuing Care Retirement Community will not impact general government facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund general government ser✓ices. File #4928S 11 Greenway Engineering November 25, 2008 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ # Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Si'l er Lake, LLC (here -h.- after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02± -acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District and 131.06± -acres of MS, Medical Support District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 2 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future Public Park area, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity :17 1- the proffered. `SDP, prepared by Greenway Engineeri�rg dated November 25, 2008. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 3 ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West); however, right -in or right -out only access to B2 District land uses shall be permitted. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50 -foot green strip. The entire Property frontage of the 50 -foot green strip shall be enhanced with street trees that are a minimum of 2 -inch caliper at planting and spaced a maximum of 30 feet on center, as well as an asphalt bicycle and pedestrian Z acility that is 10 feet wide. The installation of the street trees L icycie and pedestrian facility shall be required in conjunction with the development of the parcels that adjoin the 50 -foot green strip. Each parcel required to install their portion of the street trees and bicycle and pedestrian trail shall do so during the development of the first building permit for that parcel. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant i-lereby proffers the following Phase i Transportation Program: a. The Applicant shall be entitled to develop the CCRG and a maximum of 180,000 square feet of commercial land use within Phase 1. It is recognized that the maximum square feet of commercial may be increased File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 4 provided that the total average daily traffic volume (ADT) does not exceed 7,997 vehicle trips demonstrated by detailed traffic studies provided during the Site Plan review process meeting all applicable requirements of VDOT and Frederick County. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT. The Applicant will attempt to design all off-site improvements within VDOT right-of- way; however, it is recognized that VDOT will assist the Applicant with right-of-way necessary to implement proffered off-site transportation improvements. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pikc (U.S. Route 50) and .'oor House Road (Route 654). The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. e. The Applicant shall construct, or cause for the construction of improvements to the median crossing including a right turn lane and left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a two-lane road section and separate right and left turn lanes at the intersection of Northwestern Pike. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. g: The Applicant shall construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 5 than 80% of the 7,997 ADT within Phase I and shall complete construction prior to 100% of the 7,997 ADT within Phase 1. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. It is recognized that the maximum square feet of commercial and office land use may be increased provided that the total average daily traffic volume (ADT) does not exceed 14,823 vehicle trips demonstrated by detailed traffic studies provided during the Site Plan review process meeting all applicable requirements of VDOT and Frederick County. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT. The Applicant will attempt to design all off-site improvements within VDOT right-of- way; however, it is recognized that VDOT will assist the Applicant with right-of-way necessary to implement proffered off-site transportation improvements. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. d. The Applicant shall construct, or cause for the construction of improvements to the median crossing including a right turn lane and left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Silver lake Road for access to Northwestern Pike. e. The Applicant shall construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a two-lane road section that continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later than 80% of the 14,823 ADT within Phase 2 and shall complete construction prior to 100% of the 14,823 ADT within Phase 2_ File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 6 f. The Applicant shall construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later than 80% of the 14,823 ADT within Phase 2 and shall complete construction prior to 100% of the 14,823 ADT within Phase 2. g. The Applicant shall construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure, and for the provision of a new northbound right turn lane at the Route 37 interchange. The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and :�pp,io.�ai no later than -'0% of the 14,823 ADT within Phase 2 and shall complete construction prior to 100% of the 14,823 ADT within Phase 2. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. It is recognized that the maximum square feet of commercial and office land use may be increased provided that the total average daily traffic volume (ADT) does not exceed 20,594 vehicle trips demonstrated by detailed traffic studies provided during the Site Plan review process meeting all applicable requirements of VDOT and Frederick County. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT. The Applicant will attempt to design all off-site improvements within VDOT right-of- way; however, it is recognized that VDOT will assist the Applicant with right-of-way necessary to implement proffered off-site transportation improvements. c. The Applicant shall construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the issuance of the first occupancy permit for the first Site Plan approved that exceeds 14,823 ADT on the Property. d. The Applicant shall construct, or cause for the construction of a two-lane road that will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 7 improvement as a first option for development of the two-lane road connection. In the event that the first option cannot be achieved, the Applicant shall provide the two-lane road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP. The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later than 80% of the 20,594 ADT within Phase 3 and shall complete construction prior to 100% of the 20,594 ADT within Phase 3. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial. land use and 494,500 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. It is recognized that the maximum square feet of commercial and office land use may be increased provided that the total average daily traffic volume (ADT) does not exceed 28,081 vehicle trips demonstrated by detailed traffic studies provided during the Site Plan review process meeting all applicable requirements of VDOT and Frederick County. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT. The Applicant will attempt to design all off-site improvements within VDOT right-of- way; however, it is recognized that VDOT will assist the Applicant with right-of-way necessary to implement proffered off-site transportation improvements. c. The Applicant shall construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the issuance of the first occupancy permit for the first Site Plan approved that exceeds 20,594 ADT on the Property. d. The Applicant shall prepare a traffic study in conjunction with the first Site Plan approved that exceeds 20,594 ADT on the Property to determine in Spinning Wheel Lane is warranted to be improved to a four -lane road section. If warranted, the Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later than 80% of the 28,081 ADT within Phase 4 and shall complete construction prior to 100% of the 28,081 ADT within Phase 4. e. The Applicant shall construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 8 The Applicant shall provide VDOT with the Public Improvement Plan for this improvement for review and approval no later than 80% of the 28,081 ADT within Phase 4 and shall complete construction prior to 100% of the 28,081 ADT within Phase 4. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to ensure compliance with the transportation improvements in the section. The annual traffic counts shall begin in the first calendar year that the first occupancy permit is issued for either the MS District or B2 District portions of the Property and shall continue until build -out of the Property. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with No thwc--ter►. Pike, or: Spinni- Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size. The final size of this site shall be determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site within 90 days of written notice following Site Plan approval for the new fire and rescue facility. In the event Frederick County elects not to develop this site as a new fire and rescue station following dedication of the site, this land shall be conveyed to the Applicant to allow for further economic development. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist with the development of the new fire and rescue station. However, the date for the $1.000.000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 9 $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station. F. Parks and Recreation Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new neighborhood public park. The Applicant shall dedicate a site in the area of the large pond fronting on Northwestern Pike that is a minimum of 10 acres in size, of which the general location of the neighborhood public park site shall be identified on the proffered GDP. The Applicant shall prepare and provide Frederick County with the dedication plat for this site within 90 days of written notice by the County. G. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 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 #4928S/Silver Lake LLC Rezoning i MAP 25: SECOND WINCHESTER INTEGRITY - 199'1 (Numbers keyed to battle phases) MEMBERS FREDERIC H. COX, JR., AIA, CHAIRMAN �✓ MRS. NELLIE WHITE BUNDY, VICE CHAIRMAN ROY EUGENE GRAHAM, AIA DAVID A. HARRISON, 111 -- DONALD HAYNES MRS. KENNETH R. HIGGINS COMMONWEALTH of VIRGINIA FREDERICK D. NICHOLS FRED W. WALKER MRS. T. EUGENE WORRELL Virginia Historic Landmarks Commission 221 GOVERNOR STREET RICHMOND, VIRGINIA 23219 TELEPHONE: (804) 786-3143 September 10, 1981 Air. Tim Hodges Route 4, R�:x 2u'S Winchester, Virginia 22601 RE: ASPEN SHADE, FREDERICK COUNTY Dear Mr. Hodges: TUCKER HILL EXECUTIVE DIRECTOR I have checked our files and we do have a survey of your property done in 1973. We have an exact map location as well as exterior photographs. We would need some interior photos in both the older and newer sections of the house. I think we can go ahead with consideration of this property with what we have here in addition to those interior views. I have gone ahead and enclosed our procedures sheet. Please feel free to contact me should you have any questions concerning them. If we have the interior photos before October 5, we should be able to consider Aspen Shade's eligibility at our October meeting. Sincerely, f v _ Margaret T. Peters VHLC Asistant Historian MTP:ln encl. DATE �A NAME 14 V_ rr a W - C!> ¢s Address '� . '� �o X �- 9 Vot Dear NV- t4c> 5��-4,pr Thank you for sending us the information on the above -captioned property. We have scheduled a discussion of your request for the VGTC16A ZLO , tct% meeting of the State Review Board. If the Board is of the opinion that the property meets the criteria for eligibility, it will authorize the staff to visit the site and to prepare a nomination report for presentation at a future meeting. We will notify you of the board's decision in any case. Your interest in the state historic preservation program is greatly appreciated. Please let me know if I may be of further assistance. Sincerely yours, Y Name Title 9_L_% [a A V,t4-4%_ iz X01 r REGISTER REOUEST FORM _- REQUEST RECEIVED �Qp-i PLACE: LOCATION:._-Pntot �� __ ��--- l►s�__h de.. — - - OWNER: -- -- Ti r» a`� [+.y - - - ------A O d. -qG S_------ -- - --- ----- -- -- - ------ ----- _ OWNER'S ADDRESS: f�'I' . I-----�=�-------- -- - -- --- ----- REQUESTER:_ .--.-5_�m -----_ ___. REQUESTER'S ADDRESS:--------*----. -- -- -- — - - - TECHNICAL INFORMATION _ ___ _ ..___ _._ ____-----°.--•-•----------._.__._----- __.-•--.._ .._..----__..-------• ;:,APP ING Already_ in Map. Book _-- USGS----7.5'.. Quadrangle:- W�wG-S 1�r Q Not mapped, but sufficient info. to map Submitted -_ USGS: Not mapped, INSUFFICIENT map_info. submitted -- USGS: Appropriate section of USGS sent w/ Acknowledgement , (If location given is too vague, send a section of VDHT County Map) PHOTOGRAPHS - -- -- --- - - - - - --- -- Sufficient More EXTERIOR Photos Needed More INTERIOR Photos Needed FILE Already Recorded -- File Number: Zo File checked out & attached to request File Number needs to be assigned:. gi REQUEST ACKNOWLEDGED A ` _—� REGISTER COMMITTEE: Preliminary Information to be copied selected _ Preliminary Information label affixed to lst page of info. to be -copied._ 16 copies of Preliminary Information made (double sided) -- --- ASSIGNMENT: DATE OF VISIT:_^ REGISTRATION: - COMMENTS: �jr C I ,y ',' � f '� *'s% f 3„�.�•, 4 '.al�v -,a;� tom• j 1 II_'1 CC ze a o onpII i a fL c z u ..' .. L` 1 ul IV ' L Q ♦ R' cY' ir J LU 17 uJ 47, 1 U m 50 LU till LLI Norj1'NWESTE'RN PIKE Np /� f J+y� /, 1 Z W o 3=. �, s' TFIWC TCF1N PIKE: C' ` u 2 0 v H s I r• O Y O o 1 t_0[I017(J 1. ) lam' 303- �14i W m r ui Silver Lake, 11CI'rouerty n f l yr ,'.' {7,i?o%eS 5. s u '� -�.�._.�_ y W W $ �i . _. I Winchester City Limits "� " j"^ .^fir - ter&. c r88t W !- fr.. r s: I aim.1 Houndaucs h '- ' r �esr: ',i . ` Oi.' E C .t _—Rmp +� , J.e""qq 400 0 £;00 aoo 't sn0 t March 2000 -- cif rc i' f 'iU 6.�.� i rsf.r-�is;a rti Q\-3 _ 833 ;/ pp ' CI- wul n_ v' t O o o -j L f' ui N v p r w I• / �' j / -- -- _ --NCrF'I'1•IWCgTt3RW 1''IICF.-- . _._L _,.,. r' o i / H'TNW I U ur N p :; Z _. r; f +�•.; f�' j rl to C7 d r. ...r.•,-Winchostor r4 Western Rti _,,,..w cc — rr rrlrnrr�/tt:/..� {\_ c % a z � a N — _ 0 Ld r --j $live, L.M.LIC Property Lar'tclmurks Y rt Y � ,, r , ,- d^ --- �,y•u�/ dM9M1 Hodgson. Abner House -p 1 U uuULJ -cei Wmcheser City Limits BoundariesA� _ %34.1410,puitHillFam 34-fl9, Walnut Grove uu � w Civil War Battlefields '� 34.85, Aspen Shade ��. L i moo Soo 0 ODU QQO Second Winchester Core Battlefield Area f,-� 34-99, Poor [louse 34-93, Hodgson I louse r �. Q15 C 4 ;%lap Data Sauce Iredzric{(, tnly. Va. GiS UeParlmeN,AP ir.0(3 Ua12 �7 i. L. . �/<`A1 F'IIi..Sfi!':: ! 6'r;:61dr:' –. I_,•,pdi�l...l I.ti.Ccllio - i r li II✓1'lis I �..._._...� I I i iun°ic 1 R c f'61.9Si;. b _. —7 pIi°r` E h:F 9Cll SIY1= L� I f o E3Y 01'NHt<5 f lE3Llt Ptl: SI'il"_LL ] XZ��•I<y z�1�r`1 VrS t t� \ r� � ,, �S�•kf1�1iE311"i' � 'w,� _ A ,,\ as � \\\ �2•L')ISY'Evl�;'r' ---�` — � paa ehq E . y -F 11 ,Y 1� ��o GaG•LYI 6 Y'[ill:Y \' s�t�F E�9 I 10 v EM Iwohnox`, W VI `• W\\�� 1 y� E� r�1 Qi �•!._ _ ` %'6BNN a'OORTION \j \`\ 1`\\ �`/ V % Ito ATS: SA r_-- GATE:. 11/26/08—_ Pfn' GREEN STRIP 60' QRrRFJ OTRIP scars: NM nestcn�n sr. a38' JOG t10. bfl21)B Date File No. Name Town County PhotographercOrItents " �c� n � E DIVISIOP4 OF i -fIS`I )SIC LA�IDMARKt c, I Negativeno(s)9905,9906 _ SURVEY FQd2M Historic name Hodgson House Common name Town/Cit y Hodgson House County/ r 3 Rural Frederick County_ Street address or route number RT 654 USGS Quad Winchester Date or period c.1780, c.1830, c.1973. Original owner Robert Hodgson Architect/builder/craftsmen unknown Original useresidential Present owner Tonie Wallace Source of name Quarles, Old homes Present owner address Rt 2 Box 119 Source of date archit. evidence, Quarles. Winchester, VA 22601 Stories 2 Present use resid. Foundation and wall consth c.1780s portion -log Acreage 6 acres c.18203 portion -brick Rooftype ,h,, f standing seam metal State condition of structure and environs House is in good condition, outbuildings are in poor condition. State potential threats to structure None Note any archaeological interest This is an early log house and architectural investigation around the house might yield some interesting information. Should be investigated for passible register potential? yes ❑ no ❑ Architectural description (Note significant features of plan, structural system and interior and exterior decoration, taking care to point out aspects not visible or clear from photographs. Explain nature and period of all alterations and additions. List any outbuildings and their approximate ages, cemeteries, etc,) This house was built in several stages_ The first was a log 2 story section which is currently the central section of the house. The next stage of construction was a 2 story,3-bay assymetr brick wing which was added to the <..N end of the log section. This brick section was probably added aroung 1830_ It has t6ro interior end brick chimneys and parapets on the gable ends. It currently has 6/6 windows and louvered shutters as does the log section of the house (both;. are snap--ir, mullions) The brick has been painted and on the log section, new composition siding ha been added. In the brick section, there are flat arches over the windows, a molded brick corn a 6 -light square attic windcv in the gable end and the door on the front has been closed -in. A kitchen wing was added to the south of the log section. It is of brick -and is 1 sorry. There is also another log section of the house- the current dining room and it is just SSI of th original log section. It has been altered quite a bit including the addition of octagonal atti windows in the gable end. Around 1973 a large rear brick wing was added. It is one story and ha a shed roof. This part of the house was used as a church during part of the 1970s. There is a cemetery that goes along with this house. It is about an .8 of a mile south on Rt. 654. It is the Hodgson family cemetery and is now surrounded by a chain link fence as it sits i the center of a residential district. The stones are in very good condition. The only out- building which remains is a brick springhouse sW of the house - it is not in very good conditio and probably dates from the same perjod- as the brick addition to the house of the 19th Cent_ There is also a modern pump cellar near the spring'iouse. Interior inspected? NO Historical significance (Chain of title; individuals, families, events, etc, associated with the property.) The land was acquired by Robert Hodgson on Feb. 26,1762. He was a Quaker who had immigrated to Round Hill area of Frederick County in 1745. It is believed that he built at least a part of this house before his death in 1780. In 1847 it was pas;ei-on to. Robert II son, Abner. In 1865 Abner passed it onto his son Samuel. It was sold out of the family in 1899. The Hodgson house was occupied by the Hodgson family during the Civil War. It was strategically located on the eastern slope of Round Hill, which was used as a look -out point by both Northern and Southern forces. Its location was also right off of the "Old Military Read" which led to the Revolutionary Prisoner -of -war Barracks. It is believed that the property may have been use as overflow housing for some of the prisoners. It is also believed that it functioned as a Civ War hospital and it is ]crow that a car -nor. ball entered the central section of the house during Second Battle of Winchester. It was also used as a church in the 1970s. This house has undout edly gone through a lot of changes and experienced many different events. wv, rte- 1ib VIRia$AFik no. 34-9 3 DIVISION OF HISTORIC LANDMARKS legativenas). , noa� HISTORIC DISTRICT/BRIEF SURVEY FORM Gty(Town(VillagelHamlet Round Hill County Frederick Street aaUcress or route number Rt. 654 ii.S.G.S. Quad Winchester Historic name Hodgson, Abner House Common name Hogdron-Whisson-Sherman House Present use Vacant Building Style 'Federal/Adam Original use Residential Building Date(s) aI qt rLi urn -A-, j fire in 1878 L Construction Materials 3. Stories (number) 2 I�ow basement ratsai basement ❑wood frame split level `Rbrick 4. Bays (number): front side (church) bond: ❑ Englishymaetrical ❑ asymmetrical ❑ Flemish ❑ -1--course American 5. Roof Type ❑ stretcher '❑ shell ❑ hipped ❑ other ❑ parapet? ❑ pyramidal? ❑stone gable ❑ mansard El nibble ❑ pediment? ❑ false mansard ❑ coursed nibble ❑ parapet? ❑ gambrel ❑ ashlar ❑ dressed ❑ cupped end? ❑ flat i ❑ rock -faced ❑ cross gable? ❑ parapet? ❑ log: ❑ central front gable? ❑ roof not visible ❑ squared D unsquared ❑ other 11 notching: ❑ V -notch ❑ half dovetail 6. Roofmg Material ❑ saddle ❑ full dovetail ❑ square ❑ diamond " tOingle ❑ concrete block �cemposition (asphalt, asbestos, etc.) ❑ terra cotta ❑ wood ❑ steel frame ❑ metal ❑ other ❑ standing seam ❑ corrugated 2 Cladding 1lazerial ❑ pressed tut (simulated shingles) g ° ❑ tile ❑ pantile ❑ flat ❑ glazed ❑ weatherboard ❑ composition siding ❑ slate ❑ vertical siding ❑ stucco ❑ not visible ❑ board & batten ❑ aluminum or vinyl siding "❑ shingle: ❑ cast iron 7. Dormers (number): front _side _ ❑ wood ❑ sheet metal ❑ gable p pediment? ❑ asbestos ❑ enameled metal ❑shed ❑ asphalt ❑ glass ❑ hipped ❑ bricktex ❑ other S. stle Primary Patch � style _,.. - stories �t �k levels bays f _ materials Es3 v description and decorative details 'i. General supplementary description and decoration: l 9/6 windows; n ,I stone foundation; int. end br;ck ghittmeys; jack arches ores windows; mousetooth cornice in front, stepped cornices in rear; 4 -light attic window in gable ends; a 10. fvtajoradditions aid altetaroas eliptical brick arch over loos : l story kitchen wing (brick) w/ int. brick chimtrey, 6/f windows w/ ;acl-.arches S and enclosed 1 store rear k. chpn qts3+ . It. Outbuildngs g-materis i Cinderblock shed. �s i2 Landscape Features: 11Mature trees. 13. Significance: Ly -19th Century house in very original condition T1 unusual eliptical brick arch over door. Surveyed by. Jessica A.H. Perkistt3- Data 3/91 ............ ....� _ ...._ ...._. . ViRGINJA MI� f', � �, i � �,, piµ �., �y rb 'sly- �+ t�'' 'r� 7�vi 'f �s S r OR'IC �l lt�f� t i +i`i J1V ��i.�7t ION SURVEY Minil', File Number i. County Frederick 2. Historic Name --------- Town Winchester Present Name Abner Hodgson House Street No. SE. Corner of intersection ol Date or Period (exactor estimate) ea, 1878 Rt, 6-54 and Rt. 50. Architect ------ USGS Quad Name Winchester Builder, craftsman, etc. ---- Quad Dire 1966 Source of Name Quarles, Old Homes Original Owner Abner Hodgson Source of Date Original Use Home Present Owner Delmar J. Arnold Present Owner Address Rt. 4 Box 100 3. No. stories (dormers count as � story). Winchester, Va. 2 Present Use wall co Ced n �t Home Acreagl 4. historical Significance (Chain of Tide, Families and Events, etc., connected with the Property) See Quarles, 8e se Old Homes �n r^red Co i S. Archirerrural Significance (Note interesting interior and exterior details, etc-, cite significant alterations and additions ) Quarles assigns a date of ca. 1878 to this house. Some of the molding details and brick work indicate an earlier date, ca, 1850°s, 5 roar American Bond, Dogtooth cornice on the exterior. The present owner, Delmar Arnold, has done extensive renovation, preserving the qualities of the house. He constructed a modern kitchen NW corner. Note the arch over the door, S. side, This probably indicates that the porch (shadow) was not original, i 1 6, Physical Condition Excellent Good Fair po,;r Structure g Grounds- Ne',ghhorhood K - 7. Stare potential threats to preservation of structure None (neer) re He no. -44-QR r VIItGIi`i11A g DIVISION OF MSTORIO LANDMARKS I Negative nn(s). 10g82 HISTORIC DISTRICT/BRIEF SURVEY FORM CityjTown/Village/Hamlet Round Hill County Frederick Street address c- -u-: .^...t..., Rt. 803 U-S-G.S. Quad Winehpster Historicname John -S -Lucien Lupton House Commonname Walnut Grove Present use Residential Building Style Vernacular Original use Residential BuildingDate(s) ca. 1750 ca. 1875 1. Construction Materials 3. Stories (number) ? Plow basement G raised basement ❑ wood frame ❑ brick 4. Bays (number): front 6 side (church) bond: ❑ English ❑ syzrm eu ical AA-asytrunetfcal ❑ Flemish ❑ _-course American 5. Roof Type ❑ stretcher it shed ❑ hipped ❑ other 0 parapet? ❑ pyramidal? tone !gable ❑ mansard ,Wmndom tubbae ❑ 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 b. Roofmg Material ❑ saddle ❑ full dovetail ❑ square ❑ diamondshingle ❑ concrete block, I AR -composition (asphalt, asbestos, etc.) ❑ tetra cotta ❑ wood ❑ Steel frame ❑ metal ❑ other 0 standing seam I El corrugated ❑ pressed tin (Simulated shingles) 2 Cladding Material ❑ the 0p rile ❑ flat ❑ glazed ❑ weatherboard C composition siding = ate L7 vertical siding Q stucco CI not visible 1. ❑ board & barren ❑ alumirmrn or vinyl siding 0 shingle: ❑ cast iron 7. Dormers (number)- front —side ❑ wood ❑ sheet metal ❑ gable ❑ pediment? ❑ asbestos ❑ enameled metal ❑ shed ❑ asphalt ❑ glass ❑ him 0 bricktex ❑ other & Primary Porch Missing -- ---- -- style stories Levels bays materials description and decorative details 1 s 9. Genezal supgiementaty description and decoration: Leet 3 ba -original house (1750), right section added ea. 75; p- 2/2 windows w/ plain surrounds; massive stone lintels In 1875 section; int. �\ j� end stone chimney on w. wall-; 1/ teraz cats window` in gable ends; prom _ cli s o vaitde ng =stone bay w/ pyramidal roof in 1875 secti 10. New roofing material; new 2/2 windows in original �. H. Outbuildings: Stone springhouse; frame shed; frame 1 story aban- cloned tenant house. S 12. Landscape Features: did F , Welk, landscaped with mature trees & bushes; right off of road. spring on property which runs to house. - 13_ Significance: 3 Fine mid -18th century stone house with unusual -4' stone 2story orotuding bay addition. 'rte i Horne of S.LucienLuptore, the first orchardest in Frederick County. ia:z=� r Sury b . Jessica A_ H. Perkin—, Date: 3/91 iII R GIF? ' SURVEY FORM Fite N—ber I. County Frederick z. HismricName Walnut Grove Town Winchester Present Name Walnut Grove Street No. N. side of Ht. 803 Date or Period (exact or estimate) ca, 1780 Architect ----- 'USGS Quad Name Winchester Builder, craftsman, etc. ------- Quad Date 1966 Source of Name Quarles, Old Homes Original Owner Joseph 4-1pton Sonrce of Date ° " is Original Use Home PresenrOwner Henry H. Wood 3. No. stories (dormers count as f story):. Present Owner Address 132 Amherst St, Winchester, Va. 2 Present Use Wall a trveiioa one Home - being renovated Acreage 3 4. Hisrorical Significance (Chain of Title, Families and Events, etc_, connected with the property) See Quarles, Some Old Homes 4n Fred Co, In Feb, 1972'. H. Delmar Robinson sold the house and 3 acres to Henry H. Wood, He is the present owner. t 5. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and addirioms) Quarles implies a date of ca, 1780 for a portion of this old house, and I believe to be correct. But does this date pertain only to the W two rooms- There is a.date of 1875 inscribed on the store next to a window' on the NE corner, 2nd floor, There also seems to be a seem which divides this section from the W. part - in the stonework. Perhaps only the W. two rooms are ca, 1780, with the E. room and S. bay window added ca, 1875. It is also interesting that the write-up in Quarles implies a log cabin existed prior to the stone house, on the sport ofthe bay room. When the bay room build, was (ca, 1875?) the RHMxzroxaalaxx windows In the entire house were victorianized. The present owner, Henry H, Wood, is renovating the house, and plans! to live there. He is furring out all the walls for insulation, U The original mantles have been removed, and are to be replaced with mantles from a destroyed old house in the Stephens City area, The barn had a date of 1898 on it. & Physical Condition Excellent Good Fair poor Structure X Grounds X -- Neighborhood 7. State porerrial threars to preservation of structure None National Register Evaluation_ Team August 23, 1994 Elizabeth Hoge Lipford presenting: Project 94-1206. Frederick County. Phase I survey report. Two previously unrecorded structures identified: 34-1153 and 34-1154. Recommended not eligible. Team concurs. Four previously recorded structures identified• Walnut Grove (34-98), Linden (34-346), House (34-470) and House (34-469). Walnut Grove and Linden recommended for phase Il. 34-469 recommended not eligible. Team concurs. 34-470 outside the area of potential effect. Team recommends not eligible. Item # 6 2042 Martinsburg Pike, AT&T CUP Application for a 120 foot Cell Phone Tower The Historic Resources Advisory Board has been requested to review and provide comment on the AT&T Conditional Use Permit application for a new, 120 foot Monopole cell phone tower, which has been prepared by Dewberry. The Rural Landmarks Survey Report for Frederick County Virginia does not identify any potentially significant structures on or adjacent to the property. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that this site is located in the core area of the Second Battle of Winchester and the study area of Third Winchester. It must be noted that while this property is located within area identified as having lost its integrity, the area directly behind this site is identified as core area for the Second Battle of Winchester that has retained its integrity. See the attached maps for further information. The Northeast Land Use Plan of the Frederick County Comprehensive Policy Plan shows the area where this proposed telecommunications tower is located as a Developmentally Sensitive Area (DSA). The DSA designation is meant to ensure that historical features, as well as existing residential clusters, are protected from future development proposals. Representatives of the applicant will be available at the HRAB meeting to provide additional information on the proposed CUP. 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 CUP application package when it is submitted. f HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION A. Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: JQ KI jay (//�G - a�[l_' /��yTL V14 PROPERTY OWNERS NAME: (J TELEPfIONE NUMBER: PROPERTY OWNERS ADDRESS: ARCHITECT/DEISGNER.CffRJ,&7y LOYViC y TELEPHONE NUMBER: 703 -g4U -lg6j Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. %tO�llD(7 10M(1 L U--MN!!7 -It-) A!-(.D� 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. V"' Copy of required application as described in 1.1 Description of proposed development or constriction project, including proposed uses and general timefi•ame for development (1.2) 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) Photographs (color) of all historic resources on the property (1.4) LName TY IDENTIFICATION NUMBER (PIN): ?j _ -D, j licant: t - < - jj - _ c) Te[ hone Numbet !E�_ ( (7 c'( )%�� State Zip Code 1p( Jy� / �.! ��- Print Name: l E! -_11 Lj' _ >kgRy Please note that the applica t or his/her appointed representative must be present at the meeting. WuniLKa! Dean- 'ONDITIONAT, USE PE.11MIT ALIFLICATION FOR C Fr,=ERICK COUNTY, VIRGINIA 1 applicant (The appi "Cant Q NAME: 11 B 0 Afir� k/1-1 Z —YAW -,ISO all nwnevs, 117 Wr PC a PC r y e a a: --- -- - - --- ---------- The teen and nwaims aw as As LACI ; P) ows nowner; At in decd book no. on paqv am Tacurdou T" thf: records ; C vw--Gerk of rho �2rculr CwrL. CuLnty Of. 6. N�x : Parcel ) 7 Kul ca. maginnornal 6 71 Ad.joinill.'-1 Projierl\ : Ln%� AM J0FfvQ;bjCZo, ,, Faml IN %5 It; MW V Sollill ON tc TONIN-; f F— lie qpc of use pimpowd is (consult with the 1\0fore =i , It is proposud that the ASK, M%Ws "W A amstaww"i I ZY I i _l - v -v,% 1'!' i -65 .. .. .. 111c 1,61km in," al -E.- F:II cd, I lie indiv i(ILMIS. property aqjacen-� to bothsidk-S and 1 -cal all'i ':j frolm ofkl.across where the recluested two m! H he comhRial i Continue on hwk Wuwcap . i 1 mse poqAe "I H be noti Ned h\ nirld ofthis ilppfic:ilioll: PR(WERTY ID,: AMR A IL 7 7 F, "tr PROPF.R I Y Ins NAN-IL 1-)kl(-)Iljl �kf y I N.-, ;vf 1---. V/n4 PROPERTY 111)3� I i took to /01�� PROPLRIA, 7? pi PROPERTY li).F MA of L-- PR(WERTY ID,: If. Please use this ptige IOP your sketch of the property. Slio%r proposed and/car existing Sti't1CtUIVS Ail tilt; IVOI)CI-IN'. 1nCIUd11l" IIICastirelliclitS to all property :isles. 12. A tic I i I iona I comments. if -'any:. .-S-�k';-&- I (we). the 1111densiplvd. do licicby ivspeciRdly male( ai,d"Oni m, pwhion Ow gmvmhy boQ- WTI-ederick Cotfro� Vn-".,inia to allo%% the tme dewh1wd I understand tha(the m"'n issiled to me wilen INS amAlanon is suhubod Ina: Q pAW at Tu Amu properly linuai . r least si:ven � -t') days prior I() 111C "I'S' Ptll)"C llea! '17 and ��t.aintainc( -so as to be visible witil, after tile Board ot*.S',Il)tl-xfisol-s'l)tibli(-- hev.-rinLi. Your. pplic:'w"n lof It Conditional I.;Se Permit '111111k -izesant nlewher of"11C Fredcrick Cotln[�%- 'onllnission, Board of Slipervis-ors or ITIMUMP ak 1 k1VOPMOH Wip"111CIII to ill.%pvcl y oL;I polpt:rl.'. XvhelV lite proposed .1%e will be Co"Idtleled. si"'Ilzdttwr of Appiivavt signattirk:n! 0\\IICI e >9 7 Z;� Dwaf Whip Address (junersI cislAwne JA).B)'.. A til_° Z QN, IN'S P 5d I< _-ATOR- 11SE, CODL: RENEWAL RATL: Project Description: AT&T is requesting permission to construct a 120' free standing class 3 galvanized steel lattice tower in support a of a long haul line sight radio communications route. The tower design will support the radio route, plus have cellular and first responder capabilities. The required site for this communications tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, Winchester, VA. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve our federal customers location at Mt. Weather, VA in support of mission critical customer network applications. Pending Board approval, AT&T would like to construct the tower March/April 2009. Tmnac Analysis: The site is currently in use as a network access point (POP). An existing unmanned facility is currently in place, with a recent building expansion completed in October, 2008. The current request is for the addition of a microwave communications tower, as noted above. The existing entrance and other site facilities are to remain in place. An additional 2 acres± is proposed to be consolidated with the original property. There are no identified historical sites adjacent to this property. The tower will be located approximately 250' from the roadway, behind the existing building. Screening is to be provided to the southwest in the form of evergreen plantings. 1 4�a ' .................'`� 125 /. 127 26 't� �p•� 1A s , RP i told .. im 4,0 op Proiect Des_criation: AT&T is requesting permission to construct a 120' free standing class 3 galvanized steel lattice tower in support a of a long haul line sight radio communications route. The tower design will support the radio route, plus have cellular and first responder capabilities. The required site for this cornmunications tower is adjacent to AT&T's existing communications building at 2032 Martinsburg Pike, Winchester, VA. AT&T has chosen this location because of the existence of a network access point (POP). Construction of this route will primarily serve our federal customers location at Mt. Weather, VA in support of mission critical customer network applications. Pending Board approval, AT&T would like to construct the tower March/April 2009 lmvact Analvsis: The site is currently in use as a network access point (POP). An existing unmanned facility is currently in place, with a recent_ building expansion completed in October, 2008. The current request is for the addition of a microwave communications tower, as noted above. The existing entrance and other site facilities are to remain in place. An additional 2 acres± is proposed to be consolidated with the original property. There are no identified historical sites adjacent to this property. The tower will be located approximately 250' from the roadway, behind the existing building. Screening is to be provided to the southwest in the form of evergreen plantings. Page 1 of l ! ri https://dewberry.com/Exchange/clowrey/Inbox/Sample%20tower%20and%20antenna.E... 12/10/2008 Page 1 of 1 6) %�� 0 C_-' I -1A/ le C, https://dewberry.com/Exchange/clowrey/Inbox/Sample%20tower%20and%20antenna.E... 12/10/2008 WTI, �00 41 rte-'. vicvv tat -1116 i n' - A 71 j (�' MAP 25: SECOND WINCHESTER INTEGRITY —1991 (Numbers Iceyod to battle phases) Land U.,ve Northeast Frederick Land Use flan The 2002 Northeast Frederick band Use Plan is intended to expand upon and supersede elements of the 1995 and 1999 Land Use Plans which were adopted in 1996 and 2000, respectively. The 2002 Northeast Frederick Land Use Plan has been designed to provide for a balance of land uses which includes industrial and commercial. growth along the major road and railroad corridors, the introduction of a planned unit development (PiJD) land use, and the preservation of rural areas and significant historic features within the study area boundaries. Future land uses within the study area boundary should be sensitive to existing and planned land uses. The land use plan has been designed to provide the opportunity to develop industrial, business, and PIJD uses in a well-planned, coordinated manner. Industrial land uses are proposed adjacent to the railroads in the southern and northern portions of the study area. Proposed industrial land uses should be developed within master planned areas which discourages individual lot access on the Martinsburg Pike (Route 1 l North) corridor. Industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and buffers and screening along Martinsburg Pike to enhance the appearance of the corridor. Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 Exits 31.7, 321, and 323 within the southeastern portion of the Sewer- and Water Service Area (SWSA). It is envisioned that commercial land uses which cater to the interstate traveler will be developed along the three Interstate 81 interchange areas, while retail, service, and office land uses will occur along the Martinsburg Pike corridor, and complement the planned unit development (PUD) land use designation in the southeastern portion of the SWSA. The development of business and commercial land uses is encouraged at designated signalized road intersections. All business and commercial uses are encouraged to provide inter -parcel connectors to enhance accessibility between uses and reduce disruptions to primary and secondary road systems. Additionally, business and commercial land uses which adjoin existing residential uses and significant historic resources should be adequately screened to mitigate impacts. The Planned Unit Development (PUD) land use is proposed in the southeastern portion of the study area, immediately south of the Stephenson Rural Community Frederick Como 6-112 2007 Comprehensive Plan Land Use Center. The PUD is envisioned to include residential, commercial, and office components, of which a maximum of 50% of the land area would be non- residential. The PUD is proposed as an alternative land use from the typical suburban residential development patterns that have occurred in the past. The PUD concept is intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Public uses such as schools, parks, and fire and rescue facilities should be provided for within the PUD. As with all development, it is vital that the PUD be provided Nvith adequate transportation improvements that assure the transportation network sewing the community tinction at a Level of Service (LOS) Category C. or better. The planned unit development (PUD) land use concept would enable -a large scale community. The associated residential aspect of a PUD would necessitate its inclusion within the County's Urban Development Area (UDA). Therefore, the IrDA has been expanded to incorporate the land areas designated for the PUD. The preservation and protection of significant historic resources, environmentally - sensitive areas, and open space areas is encouraged by this land use plan. The majority of the acreage within the study area which comprises these features has been protected fi-orn industrial, commercial, and residential development through its exclusion from the SWSA and UDA expansion. This acreage includes the core area of the Opequon Battlefield (3" ' Battle of Winchester); significant historic properties including Sulphur Spring Spa (34-110), Cleridge (34-111), and Hackwood (34-134); the majority of the steep slope and mature woodland areas; and all of the flood plain and wetland areas associated with Opequon Creek. Significant historic resources including the core area of Stephensons Depot (2" d Battle of Winchester), Kenilworth (34-113), the Branson House (34-137), Milburn (34-729), the Byers House (34-1124), and the Milburn Road corridor (Route 662), and minor areas of steep slope and mature woodlands fall within the expanded SWSA and UDA boundaries. The land use plan incorporates Developmentally Sensitive Areas (DSA) designation to ensure that these features, as well as existing residential clusters and public hand uses are protected from future development proposals. The DSA is a community and historical preservation area; therefore, adjacent uses which may be incompatible should provide adequate buffers and screening. The :DSA is intended to discourage any development along the Milburn Road corridor and to promote a higher standard of development along the Martinsburg Pike corridor where residential clusters and public land uses dominate. Development regulations should be reviewed to ensure that they protect and promote a cohesive community environment within Frederick Counts- 6-113 3 2007 Compreliensk-e Plan MAP .25: SE;CONU WINCHt=,STE n IN'i E:Ul-11TY - 1991 (Numbern keyed to battle phases)