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HRAB 06-16-09 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Historic Resources Advisory Board FROM: Candice E. Perkins, AICP, Senior Planner RE: June 2009 HRAB Meeting Agenda DATE: June 3, 2009 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, June 16, 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 Election of Officers Review of the Bishop - Amari Property (Route 50 West) Rezoning proposal, submitted by Greenway Engineering. 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). CEP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item # 2 Bishop - Amari Property Rezoning roposal The Historic Resources Advisory Board has been requested to review and provide comment on the Bishop Amari rezoning proposal, which has been submitted by Greenway Engineering. The proposal seeks to rezone two parcels of land that total 13.04 acres from RA (Rural Areas) District to the B2 (Business General) District for commercial uses. The site is located on the south side of Northwestern Pike (Route 50), west of the VDOT Winchester Office facility and north of Round Hill Road (Route 803). 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 rezoning site as being within the study area of the Second Battle of Winchester; however, it is not located within the core area. The Rural Landmarks Survey Report for Frederick County Virginia identifies one structure within the immediate area of the subject site which is Walnut Grove (#34-98). The Rural Landmarks Survey identifies this site as potentially significant. The applicant has attempted to address the impacts that the proposed development will have on the adjacent historic structure as follows: • Proffer D6 — The applicant proffers to preserve a 15 foot wide strip of mature woodlands along the southern property line as depicted on the GDP as a portion of the required buffer and screening area. The remainder of the required buffer and screening will be supplemented with a double row of evergreen planting that are a minimum four feet in height with each row planted a minimum of ten feet apart. • Proffer D7 — An environmental corridor will be preserved as depicted on the GDP. The only disturbance of the corridor will be for utilities and a trail. 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: TM 52 -((A)) -71B & 52 -((A)) -71C No physical street address is assigned to the parcels. PROPERTY OWNERS NAME: Gregory A. Bishop & Stacie B. Amari TELEPHONE NUMBER: (540) 974-1175 PROPERTY OWNERS ADDRESS: 285 Boggess Lane Winchester, VA 22603 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. The property owner is petitioning the Frederick County Board of Supervisors to rezone the 13.04± acre parcel from RA District to B2 District with proffers. The property owner desires to develop the property as a commercial retail and office, located on the south side of Northwestern Pike; immediately west and adjacent to the VDOT Office facility. 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): TM 52 -((A)) -71B & 52 -((A)) -71C 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: Please note that Zapplicant or his/her appointed representative must be present at the meeting. Map Data Source: Frederick County, Va. GIS Department, April 2008 Data File no. VIRGINIA 'i DIVISION OF HISTORIC LANDMARKS Negative no(s). 10982 HISTORIC DISTRICT/BRIEF SURVEY FORM City/ Town/ Village/ Hamlet Round Hill Street address cr rcu:� --"r Rt. 803 Historic name John S -Lucien Lupton House Present use Residential Original use Residential 1. Construction Materials ❑ wood frame ❑ brick bond: ❑ English ❑ Flemish ❑ -course American ❑ stretcher 11 nthPr stone �andom rubble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log: ❑ squared notching- 0 otching❑ V -notch 1❑ saddle ❑ square ❑ concrete block ❑ terra cotta ❑ steel frame ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond County Frederick U.S.G.S. Quad Winchester Common name . Walnut Grove Building Style Vernacular Building Dates) ca. 1750. r 3. Stories (number) AHow basement ❑ raised basement 4. Bays (number): front 6 side (church) ❑ symmetrical Wisymmetrical 5. Roof Type •❑ shed ❑ parapet? gable ❑ pediment? ❑ parapet? ❑ clipped end? ❑ cross gable? ❑ central front gable? ❑ other 6. Roofing Material ❑ hipped ❑ pyramidal? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet'? ❑ roof not visible �1 shingle ,�E"composition (asphalt, asbestos, etc.) ❑ wood Cl metal ❑ standing seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ IiiPPed 8. Primary Porch Missing style stories levels materials description and decorative details bays ❑ glazed 9. General supplementary description and decoration: L fft 3 ba 'original house (1750), right section aedded ca.y975• �.. 2/2 windows w/ plain surrounds; massive stone lintels in 1875 section; int. end stone chimney on w wall; 1/ terations: window in gable ends; protru r'' \ '� ding storystone bay w/ pyramidal roof in 1875 secti s 10. New roofing material; new 2/2 windows in original Fs 11. Outbuildings: Stone springhouse; frame shed; frame 1 story aban- doned tenant house. 12 Landscape Features: Well landscaped with mature trees & bushes; right off of road. Spring on property which runs to house. 13. Significance: Fine mid -18th century stone house with unusual stone 2 story, protuding bay addition. Home of S.LucienLupton, the first orchardest in fFrederick County. f Surveyed by: Jessica A. H. Perk_� Date: 3/91 2. Cladding Material ❑ weatherboard ❑ composition siding ❑ vertical siding Cl stucco ❑ board & batten ❑ aluminum or vinyl siding ❑ shingle: ❑ cast iron ❑ wood ❑ sheet metal ❑ asbestos ❑ enameled metal ❑ asphalt ❑glass L bricktex ❑ other County Frederick U.S.G.S. Quad Winchester Common name . Walnut Grove Building Style Vernacular Building Dates) ca. 1750. r 3. Stories (number) AHow basement ❑ raised basement 4. Bays (number): front 6 side (church) ❑ symmetrical Wisymmetrical 5. Roof Type •❑ shed ❑ parapet? gable ❑ pediment? ❑ parapet? ❑ clipped end? ❑ cross gable? ❑ central front gable? ❑ other 6. Roofing Material ❑ hipped ❑ pyramidal? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet'? ❑ roof not visible �1 shingle ,�E"composition (asphalt, asbestos, etc.) ❑ wood Cl metal ❑ standing seam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ the ❑ pantile ❑ flat ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ IiiPPed 8. Primary Porch Missing style stories levels materials description and decorative details bays ❑ glazed 9. General supplementary description and decoration: L fft 3 ba 'original house (1750), right section aedded ca.y975• �.. 2/2 windows w/ plain surrounds; massive stone lintels in 1875 section; int. end stone chimney on w wall; 1/ terations: window in gable ends; protru r'' \ '� ding storystone bay w/ pyramidal roof in 1875 secti s 10. New roofing material; new 2/2 windows in original Fs 11. Outbuildings: Stone springhouse; frame shed; frame 1 story aban- doned tenant house. 12 Landscape Features: Well landscaped with mature trees & bushes; right off of road. Spring on property which runs to house. 13. Significance: Fine mid -18th century stone house with unusual stone 2 story, protuding bay addition. Home of S.LucienLupton, the first orchardest in fFrederick County. f Surveyed by: Jessica A. H. Perk_� Date: 3/91 j`, Glry VIRGINIA HISTORIC LANDMARKS COMMISSION ... afI4PfRT17' SURVEY FORM 34-98 File Number County Frederick Town Winchester Street No. N. side of Fit, 803 USGS Quad Name Winchester Quad Date 1966 Original Owner Joseph Lupton Original Use Home Present Owner Henry H. Wood Present Owner Address 132j Amherst St. Winchester, Va. Present Use Home — being renovated Historic Name Walnut Grove Present Name Walnut Grove Date or Period (exact or estimate) ea. 1780 Architect ----- Builder, craftsman, etc. ------- Source of Name Quarles, Old Homes Source of Date " it 11 3. No. stories (dormers count as % story): 2 Wall ctractineon go Acreage 4. Historical Significance (Chain of Title, Families and Events, etc., connected with the property) See Quarles, Some Old Homes in Fred Co. In Feb. 1972' H. llelmar Robinson sold the house and 3 acres to Henry H. Wood. He is the present owner. 5. Architectural Significance (Note interesting interior and exterior details, etc., cite significant alterations and additions)) Quarles implies a date of ca. 1780 fora 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 dace of 1875 inscribed on the stone next to a window on the NE corner, 2nd floor. There also seems to be a seam 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 was build, (ca. 18T5?) the R6AXAXj Xj2kkXX windows in the entire house were victorianized. The present owner, Henry H. Wood, is renovating the house, and plans to live there. He is Purring out all the walls for insulation. K& 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. 6. Physical Condition Excellent Good Structure X Grounds — X Neighborhood } 7. State potential threats to preservation of structure 1\1 one Fair Poor (over) V ........... 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 II.. 34-469 recommended not eligible. Team concurs. 34-470 outside the area of potential effect. Team recommends not eligible. REENWAY ENGINEERINf , INC. 151 Windy Hill Lane Winchester, Virginia 22602 i I Founded in 1971 May 5, 2009 Frederick County Planning Department Attn: Candice Perkins 107 North Kent Street Winchester, VA 22601 RE: Bishop -Amari Property Route 50 West Commercial Rezoning_ Application — HRAB Comments Dear Candice: The purpose of this letter is to request inclusion on the next available Historic Resources Advisory Board (HRAB) agenda to discuss the referenced rezoning application. The 13.04± acre Bishop -Amari property is located on the south side of Northwestern Pike (U.S. Route 50 West), immediately west of the VDOT Office facility in the Gainesboro Magisterial District. The property owners desire to rezone this property from RA District to B2 District for the purpose of developing commercial retail and office land use along the Northwestern Pike corridor. The property owners do not have a proposed commercial user at this time; therefore, the commercial retail and office development will occur when market conditions dictate. The two parcels comprising the 13.04± acre project site do not contain structures, nor does the Frederick County Rural Landmarks Survey identify the properties as potentially significant from a historic standpoint. Additionally, the subject properties are not located within core battlefield area defined by the National Park Service Study of Civil War Sites in the Shenandoah Valley. The Frederick County Rural Landmarks Survey identifies Walnut Grove (#34-98) as a potentially significant historic structure, which is located adjacent to and immediately south of the project site. The 13.04± acre project contains mature woodlands adjacent to the Walnut Grove property with the exception of the southeastern property line, which contains area of floodplain associated with Abram's Creek. The Applicants have proffered a generalized Development Plan (GDP), which establishes a 15 -foot wide tree preservation area along the Walnut Grove property line and provides for an environmental corridor along the southeastern property that will not be developed with the exception of an asphalt hikerlbiker trail that provides connectivity between Northwestern Pike and Round Hill Road. The Applicants proffer statement provides for a double row of evergreen plantings adjacent to the 15 -foot wide tree preservation area to provide additional screening against the Walnut Grove property line. Additionally, the Frederick County Zoning Ordinance requires a six-foot opaque element to further protect the viewshed associated with this Engineers Surveyors Planners Environmental See dsts Telephone 540-662-4185 FAX 540-722-9528 Project #4917 vnmv.greenwayeng.com property. The Applicants have created map exhibits entitled Bishop -Amari Property Route 50 West Aerial Overview and Bishop Property Route 50 West Historic Features to provide a reference for the Walnut Grove property for review by the Historic Resources Advisory Board (HRAB). Please find attached all applicable information for the next available 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: Gregory A. Bishop Stacie B. Amari Project #4917 2 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fez 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 En ineering Telephone: 540-662-6816 Address: 151 Windy Hill Lane, Winchester VA 22602 2. Property Owner (if different from above) Name: Gregory A. Bishop & Stacie B. 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 A. Bishop Stacie B. Amari 5. A) Current Use of the Property: Residential B) Proposed Use of the Property: Retail 6. Adjoining Property: Please refer to attached Adjoining Property Owners Map and Adjoining Property Owners Table Listing. 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): South side of Northwestern Pike (U.S. Route 50), immediately west of the VDOT Winchester Office facility and north of Round Hill Road (Route 803). Information to be Submitted for Capital Facilities Impact Model gym= 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 52 -((A)) -71B & 52 -((A)) -71C Magisterial: Fire Service: Rescue Service: Gainesboro Districts High School: Middle School: Elementary School James Wood FC Middle Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 13.04± RA B2 13.04± 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: 0 Townhome: 0 Multi -Family 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 30,000 sq.ft. Service Station: 12 pumps Retail: 33,400 sq.ft. Manufacturing: 0 Restaurant: 6,000 sq.ft. Warehouse: 0 Bank: 6,600 sq.ft. Other 0 Note: Commercial land use square footage is based on values used in Traffic Impact Analysis Statement. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant (s): Date: Owner (s): Date: Date: Map Data Source: Frederick County, Va. GIS Department, April 2008 Data, Orthophotos from March 2006 IMPACT ANALYSIS STATEMENT BISHOP-AMARI ROUTE 50 WEST PROPERTY REZONING Frederick County, Virginia Gainesboro Magisterial District Tax Parcel # 52 -A -71B & 71C Aggregate Area of 13.04± acres March 31, 2009 Current Owner: Gregory A. Bishop and Stacie B. Amari Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering March 31, 2009 Bishop -Amari Rezoning BISHOP-AMARI ROUTE 50 WEST PROPERTY REZONING iNTRODr TCTION This report has been prepared for the purpose of assessing the impact to Frederick County by the proffered rezoning of a 13.04± acre parcel owned by Gregory A. Bishop and Stacie B. Amari, identified as tax parcel 52 -A -71B & 71C. The current zoning of the 13.04± acre parcel is RA, Rural Areas District. The Applicants propose to rezone this parcel to establish 13.04± acres of B-2, Business General District to allow for the development of commercial land use within the subject property. Basic Information: Location: South side of Northwestern Pike (U.S. Route 50), west of the VDOT Winchester Office facility and north of Round Hill Road (Route 803) Magisterial District: Gainesboro District Property ID Numbers: 52 -A -71B & 71C Current Zoning: RA, Rural Areas District Current Use: Unimproved Proposed Zoning: B-2, Business General District Total Rezoning Area: 13.04± acres Proposed Build Out 76,000 square feet commercial retail and office land use COMPREHENSIVE POLICY PLAN Round Hill Community Land Use Plan The Frederick County Board of Supervisors adopted revisions to the Round Hill Community Land Use Plan on November 17, 2007. This Comprehensive Policy Plan amendment incorporated approximately 481 acres of land within the Sewer and Water Service Area (SWSA) and established guiding principles for land use development within the rural community center and developing commercial areas. The 13.04± acres owned by the Applicants were incorporated into the SWSA during the Comprehensive Policy Plan amendment process. The Applicants have submitted a rezoning application request File #4917/EAW 2 Greenway Engineering March 31, 2009 Bishop -Amari Rezoning AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 cu. Yd. x 76.0 AAV = 410.4 cu. Yd. at build out, or 288 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 288 tons of solid waste annually on average. This represents a 0.002% 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 13.04± acre site does not contain structures deemed to be historically significant, nor is the site identified within an area targeted for a possible historic district. The Frederick County Rural Landmarks Survey identifies Walnut Grove (34-98), which is located adjacent to the subject property. It should be noted that the Frederick County GIS database also identifies Linden (34-346) as a potentially significant structure; however, this structure burned down approximately three years ago. Additionally, the 13.04± acre subject property is located within the National Park Service .Civil War Battlefield study area associated with the Second Battle of Winchester; however, this property is not located within defined core battlefield areas identified in this study. The Rural Landmarks Survey identifies Walnut Hill (34-98) as being built during the heavy migration to the Shenandoah Valley between 1750 and 1789 as a farmstead settlement from this period. The Applicants proffer statement attempts to mitigate viewshed impacts to this structure through the preservation of existing mature woodlands located along the southern boundary of the property, that will be supplemented with a double row of evergreen trees to provide for year round screening. OTHER IMPACTS Fire and Rescue The development of commercial retail and office land use will have some impact to fire and rescue facilities and operations. The County will receive revenues from the commercial and office development that will exceed projected capital facilities impacts; however, the Applicants proffer statement has been structured to provide an additional File #4917/EAW 9 Greenway Engineering March 31,2009 Bishop -Amari Rezoning BISHOP-AMARI PROPERTY NORTHWESTERN PIKE COMMERCIAL PROFFER STATEMENT REZONING: RZ # Rural Areas District (RA) to Business General District (132) PROPERTY: 13.04 acres± Tax Parcels 52 -((A)) -71B & 52 -((A)) -71C (here -in after the "Property") RECORD OWNER: Gregory A. Bishop and Stacie B. Amari APPLICANT: Gregory A. Bishop and Stacie B. Amari (here -in after the "Applicants") PROJECT NAME: Bishop -Amari Property ORIGINAL DATE OF PROFFERS: March 31, 2009 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 13.04± -acres from the Rural Areas (RA) District to establish 13.04± -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 Stacie B. Amari, being all of Tax Map Parcels 52 -((A)) -71B and 52 -((A)) -71C, and further described by Boundary Survey Plat prepared by Artz & Associates, PLC, dated January 17, 2007 (see attached Boundary Survey Plat), and by Deed recorded as Instrument #070003837 in the Frederick County Clerk of Courts Office. File #4917/EAW Greenway Engineering . March 31,2009 Bishop -Amari Rezoning PROFFER STATEMENT A.) Generalized Development ;n;an 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 commercial development area, the general location of the environmental corridor area, the general location of the inter -parcel connections, the general location of the proposed mature woodlands tree preservation area, and the general location of the 10 -foot asphalt trail system. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 31, 2009. 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.) Land Use Restrictions 1. The Applicants hereby proffer to limit commercial structure development to a maximum of 76,000 square feet within the Property. It is recognized that gasoline canopies and gasoline pumps are excluded from the 76,000 square feet total identified in this section. However, the Applicants can deviate from this land use mix assuming the total trip generation for site plans within the Property do not exceed the total trip generation specified in the Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and associates, dated March 18, 2009. 2. The Applicants hereby proffer to limit gasoline pumps to a maximum of 12 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 Truck Stops Car Washes Motion Picture Theaters Golf Driving Ranges and Miniature Golf Courses Adult Retail Commercial Batting Cages Operated Outdoors Model Home Sales Offices SIC 48 SIC 5541 SIC 7542 SIC 7832 SIC 7999 No SIC Indicated No SIC Indicated No SIC Indicated File #4917/EAW 2 Greenway Engineering March 31,2009 Bishop -Amari Rezoning C.) Transportation Enhancements 1. The Applicants hereby proffer to limit access to the Northwestern Pike (Route 50 West) corridor to provide for one full commercial entrance and one right-in/right- out entrance on the Property. The full commercial entrance shall be designed with separated right and left turn stacking lanes as indicated on the proffered GDP. Additionally, the Applicants proffer to construct a right turn and taper lane on the eastbound travel lane of Northwestern Pike (Route 50 West) at the full commercial entrance and at the right-in/right-out entrance to facilitate safe turning movements into the Property. 2. The Applicants hereby proffer to relocate the existing median crossing on Northwestern Pike that is located along the frontage of the Property to comply with the VDOT Staunton District Administrator's determination of median locations on the Northwestern Pike (Route 50 West) corridor. Additionally, the Applicants proffer to construct a left turn lane and taper on the westbound travel lane of Northwestern Pike at this median crossing to facilitate safe turning movements into the Property. 3. The Applicants hereby proffer to provide for the cost of the design and installation of traffic signalization at the intersection of the full commercial entrance and Northwestern Pike (Route 50 West). In the event that traffic signalization is not warranted by VDOT at this intersection, the Applicants agree to provide Frederick County with $1.00,000.00 to utilize unconditionally for transportation improvements. 4. The Applicants hereby proffer to provide for inter -parcel connections to the adjoining properties immediately to the west and east of the Property. These inter -parcel connections shall be located within the general area depicted on the proffered GDP, with final locations to be determined during the site plan approval process for the Property. Additionally, the Applicants 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 develop a 10 -foot asphalt hiker/biker trail in the general location specified on the proffered GDP in lieu of a 5 -foot sidewalk along the frontage of the Property. The 10 -foot hiker/biker trail is intended to provide for connectivity between Northwestern Pike and Round Hill Road that will provide an inter -modal transportation benefit for the Round Hill Community. The 10 -foot asphalt. hiker/biker trail shall be constructed prior to the issuance of an occupancy permit for the first commercial structure developed on the Property. The maintenance of the 10 -foot asphalt hiker/biker trail will be the responsibility of the landowner or landowners of the Property. File #4917/EAW 3 Greenway Engineering March 31,2009 Bishop -Amari Rezoning D.) Site Enhancements 1. Corridor Enhancements The Applicants hereby proffer to provide for a 20 -foot wide green strip along tshe frontage of the Property throughout the limits of the commercial development area identified on the proffered GDP. This 20 -foot wide green strip shall be improved with street trees that are a minimum 2 -inch caliper and planted a maximum of 30 foot apart, as well as ornamental shrubs that are a minimum three gallon container and planted to fill in between the street tress. Additionally, the 20 -foot wide green strip shall be improved with a 10 -foot asphalt hikeribiker trail that is located within the portion of the 20 -foot green strip as depicted on the proffered generalized development plan. 2. 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. 3. 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 Northwestern Pike (U.S. Route 50). 4. Building Lighting. The Applicants proffer 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. 5. Signage. The Applicants hereby proffer to limit the number of freestanding business signs to one sign for the western commercial development area identified on the proffered GDP that is a maximum of 100 square feet in area and a maximum of 15 feet in height, and one sign for the eastern commercial development area identified on the proffered GDP that is a maximum of 50 square feet in area and a maximum of 12 feet in height. File #4917/EAW 4 Greenway Engineering March 31,2009 Bishop -Amari Rezoning 6. Buffers and Screening. The Applicants hereby proffer to preserve a 15 -foot wide strip of mature woodlands along the southern property line as depicted on the proffered GDP as a portion of the required buffer and screening area. The remainder of the required buffer and screening area will be supplemented with a double row of evergreen planting that are a minimum four feet in height with each row planted a minimum of 10 feet apart. 7. Environmental Corridor The Applicants hereby proffer to preserve an environmental corridor within the general area depicted on the proffered GDP. The only disturbance within the environmental corridor will be for utilities and the 10 -foot asphalt hikerlbiker trail system. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $10,000.00 for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County prior to the issuance of an occupancy permit for the first commercial structure developed on the Property. File #4917/EAW 5 INTER -PARCEL CONNECTION LL w 76 T O B_E RE Oj q � r► --- ..�� TED � _"—q---�_� �' "--""-•---�.`.._ COMMERCIAL 20' CORRIDOR DEVELOPMENT ENHANCEMENT AREA AREA W/TRIAL RIGHT -IN ZTA 20' CORRIDOFIF�- ENHANCEMENT. AREA _ WITHOUT TRIAL ' 1 � ENVIRONMENTAL COMMERCIAL DEVELOPMENT CORRIDOR AREA `\ 10' S' TREE PRESERVATION AREA } LANDSAY LEGEND COMMERCIAL DEVELOPMENT. AREA 20' CORRIDOR ENHANCEMENT AREA zl - 15' TREE PRESERVATION ENVIROMENTAL CORRIDOR --- NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED i PUBLIC IMPROVEMENT PLAMS. —Jl O c.. r ROUND HILL ROAD ..- ----.- 30' MAX NORTHWESTERN PIKE N n! C 10' HIKER/BIKER TRAIL fa T- - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ CORRIDOR -- CORRIDOR ENHANCEMENT AREAN.,.9 G -------------------- — ----- 7,-4 w DOUBLE ROW EVERGREEN f 25' INACTIVE PLANTINGS 0 ---------------- - ----- -------- MATURE WOODLAND 25' ACTIVE 1S' TREE PRESERVATION AREA P/L -- -- P/L DUFFER AREA DETA!LNTS ci z Z N � o ao uj Lu Lu foo UJI b�v &u -r- DATE: 3/31/09 I scALE: NTS DESIGNED BY: EAW/JNT JOB NO. 4917 SHEET 1 OF1 1-- Z J a a a a z F- q > CL �E- O W o to H > U w LLL 0 x N Q J � 0 a CC W w z 0 O x m DATE: 3/31/09 I scALE: NTS DESIGNED BY: EAW/JNT JOB NO. 4917 SHEET 1 OF1