HomeMy WebLinkAbout06-12 ApplicationPlanning Commission:
Board of Supervisors:
REZONING APPLICATION #06 -12
WILLOW RUN
Staff,Report for the Board °of Supervisors
Prepared: October 30, 2,012
Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation.
Reviewed
09/05/12
09/26/12
11/14/12
Action
Recommended approval
Tabbed by BOS
Pending=
PROPOSAL: To revise proffers associated with Rezoning #21 -06. - This revision relates to the
"Transportation;,Enhancements" and "Commercial Land Use" sections of the proffers: -
LOCATION: The properties are located east. of Route 37 and Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/14/12 BOARD. OF
SUPERVISORS MEETING:
The Planning Commission voted unanimously to recommend approval of the revised ;proffer.
The; -Willow- Run development is a 357.68 acre R4 mixed use development with proffers that was'
rezoned in 2,006 to allow`for a mix of commercial and residential development: This is a minor proffer
revision to modify dates in proffers B2 and D5 which impact the, dates of ce_rtain,'transportation
improvements and the dates related to the proffered land for an aquatic center. -
Proffer B2 dedicates land for use by Frederick County as.an aquatic center;. Previously, the County had
from 2009 to 201410 determine whether to take advantage of that land dedication. The new proffer B2
gives the County from 20.12 to, 2015 to determine whether to take advantage of that proffer. The net
result is an additional year for the County to make their determination. However, since the property in
question has a right -of -way for existing Me'rrimans .Lane on it, the property could not be transferred
until the proffer,realignment of Merrimans Land has taken place.
Proffer D5 commits the applicant to the construction of the interchange between Jubal Early Drive and
Route 37.. Previously, the applicant was to begin that construction in.2012 and complete it by 2015.
The new, proffer D5 states that the applicant will begin construction by 201`7 and complete it by 2022.
The net`result is up to seven additional years for the applicant to construct the interchange.,
Transportation staff is satisfied that the:modifications to proffer D5 are acceptable; however; Parks and
Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of
consideration for the aquatic center as was done in the- previously approved proffers. This would
require the applicant to add two years to the current draft'.
'BOAR'D OF SUPERVISORS SUMMARY AND ACTION OF THE 9/05/12 MEETING:
The Board spent a significant amount of time discussing the best way to deal with thepr-offers for the,
aquatic center. Ultimately, the Board tabled the item to allow the-applicant more time, to work on the
proffer language. -
Rezoning #06 -12 Willow Run
October 30; 2012,
Page 2
In the. revised proffers included with this application, the applicant,has made revisions to proffer B2 to
allow the County five years to determine whether to take-advantage of the proffered land for. an aquatic
center. In.addition, the applicant has added language requiring that the County provide a site plan prior
to conveyance of the property and that the property would be returned to them if the County had not
issued a construction contract within two years of deed recording. The County Attorney and the Parks
and Recreation Department.have reviewed the modification and have approved the changes.
Rezoning #06 -12 — Willow Run
October 30, 2012
Page 3
This report is prepared by the Frederick County Planning Staff to provide information. to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may .also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report_
Reviewed Action.-
Planning Commission: 09/05/12 Pending r
Board of Supervisors: 09/26/12 Tabled by BOS
11/14/12 Pending
PROPOSAL: To revise proffers .associated with Rezoning #- 16 -05. This: revision - relates to the
"Transportation Enhancements" and "Commercial Land Use" sections of the proffers. .
LOCATION: The properties :are located east of Route 37 and Merriman's Lane:. (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits..
MAGISTERIAL DISTRICT`: Gainesboro =
PROPERTY ID NUMBERS: 53 -A -90, 53- A -91, 53 -A -92; 53- A -92A, 53- A =92B, 53- 3 -A;and 63 -A=
2A
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Residential, Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
City of Winchester Residential & open space
South: RA (Rural Areas) Use: Agricultural and residential
RP (Residential Performance) Residential
East: City of Winchester Use: Residential
West: RA (Rural Areas) Use: Residential and recreational
RP (Residential Performance) :Residential
Rezoning #06 -12 — Willow Run
October 30, 2012
Page 4
REVIEW EVALUATIONS:
Virginia Dent. of Transportation: The documentation within the application to rezone this property
'appears to have little measurable impact on Route 3'7 and 621. These routes are the VDOT roadways
which have been considered as the access. to the. property. VDOT is satisfied that the transportation,
proffers offered in the Willow Run Proffer. Amendment dated June 15, 2012 addresses transportation
concerns associated with this request. The current Landtse Permif and VDOT approved plans will
need to remain active, and current, in compliance with the Commonwealth Transportation, Board.
Limited Access Break Resolution.
Parks && Recreation Department: Revised proffer statement language in B2 is acceptable'for Parks
and Recreation.
County Attorney. OK, except that signature block for "Willow Grove L.C." needs to be changed to
Willow Grove, V L.0 ". I need not see this again, as long as that correction appears in signed version.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re- mapped
from R -2 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning
initiative(Zoning,Amendment Petition #011 -80), which was adopted' on October 8,1980: The
County's agricultural zoning .districts were subsequently combined to form the RA (Rural
Areas) District upon.adoption of an amendment to the Frederick County Zoning Ordinance on
May 10, 1989, The corresponding revision.of the zoning map resulted in thexe- mapping of the
subject property and all other A -1 and A -2 zoned land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14, 2005. That
application did not receive action and was replaced by application #21 -06, which was approved,
creating an R4 district with proffers. This application, #06 -12 is seeking minor modification to
the transportation.and commercial proffers. .
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official; public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components. of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1 -1 ]
Rezoning #06 -12 — Willow Run
October 30; 2012
Page 7
No public comments were made during the public meeting. Considering the revised proffer allowed
Parks & Recreation three years to decide on this site, the Planning Commission voted unanimously to
recommend approval of the revised proffer.
(Commissioner Madagan was absent from the meeting.)
BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 9/0542 MEETING:
The. Board spent a- significant amount of time discussing the best way to deal with the proffers for the
aquatic center. Ultimately, the Board tabled the item to allow the applicant more time to work on the
proffer language.
In the revised proffers included with this application the applicant has made revisions to proffer B2 to
allow the County .5 years to determine whether to take advantage of the proffered land for an aquatic
center. In addition the applicant has added language requiring that the County provide a site plan prior
to conveyance of the property and that the property would be returned to them if the County had not
issued a construction contract within two years of 'deed recording. The County Attorney and the Parks
and Recreation Department have reviewed the modification and have approved the;changes.
'
REZ061y2
�. A
Applications W. . WE '�7
Parcels
Building Footprints
B1 (Business, Neighborhood District) i
B2 (Business, General Distrist)
83 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MI-11 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
REZ0612
d�
l \.
al
ezz
REZ #06 -12
Willow Run Proffer
Revisions
PINS:
53 - A - 90, 91, 92, 92A, 92B
53 - 3 - A, 63 - A - 2A
07350300 Feet
i M i A
WIMDEC
• pgMISTEAD`ST /
CITY'OF
WINCHESTER
Subdivision
G
h"'PROM, ilu
Note:
Frederick County Dept of
Planning & Development e
107 N Kent t St
Suite 202
Winchester, VA 22601
540 - 665 - 5651
Map Created: August 14, 2012
Staff: jbishop
Greenway Engineering September 1, 2005 ;Revised'November4,:2005;' 1•
Revised ;November30, 2005; Revised May 18.,2006, i
Revised June27, 2006; Revised September 26. 2006
Revised October-24,2006; Revised. November 18,`2006
Revised December:l 1,,.2006; Revised, January; 4, 2007
Revised Eebrdary 12, 2007: Revised.October 14, 2008
Revised November-' 7,100 8 -. Revised January 14, 2009
R'e,vised`June,1'5;,2612; Revised October 4. 2012
WILLOW ,RUN
TRADITIONAL NEIGIIBORIIOOD %DEVELOPMENT
PROFFER STATEMENT
REZONING': RZ #'
Residential Planned Community (R4) District with Approved
Proffers` dated January 14; 2009 to. Residential Planned•
Community (R4) District with Revised Proffers (357.68± acres')
PROPERTY: 357.68+ -acres here -in afte r the "PROP, ERTY ")
Tax Map 'Parcels 53- ((A))-90; 53- ((A)) -9i;; 53- ((A)) -92; 53-((A))-
92A; 53 ((A))- .92B;, 53- ((3)) -A & 6340-2A
RECORD OWNER: W, i11ow Grove.. V LC; 740 LLC ;, 750 LLC; Miller and Smith at
Willow Run L.L.C.; Greystone Properties, LLC
APPLICANT: Wiilow,,Grove. V LC; 740 LLC; 750`LLC;'Miller and Smith at
Willow'Run L.L.C.; Greystone Properties,_ LLC
PROJECT'NAME; W'ILLOW'RUN
ORIGINAL DATE September 1, 2005
OF PROFFERS -..
REVISION DATE: November 4,.2005; November 30,, 20,05,; :May 18., 2006;
June 27., 2006,; September 26; 2006; October 24, 2006;
November 18",,"2006; December .11,.2006; January 4, 2007;
February 1.2, 2007; October. 14, 2008,; November 17, 2008;
January 14, 2009; June 15; 2012; October, 4, 2012
'PrOiminary Mhttersl
Pursuant to 'Section 1`5.2- 2296'et. seq. of the Code of Virginia, (1950, as amended), (the
Code) and the �° "" - provision's of the Frederick County Zoning Ordinance (the
"Ordinance ") with :respect-to conditional zoning, the undersigned Applicants (as.
hereinafter defined) •hereby proffer that, in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application 4`i -I for the rezoning of
357.68± acres from the Residential Planned Community (R4) District with Approved
Proffers dated January 14, 2009 to the - Residential Planned Community (R4) District with
Revised Proffers, development of the subject,property shall be done in- conformity with
the terms and conditions set forth herein, .except to the, extent that such terms and
File #3800WG/2012 ConditionM Zoning Amendmerit/EAW
Greenway,Engineering September 1, 2005: Revised November 4, 2005
Revised November 30,.2005; Reyised�May'18, 2006
Revised- June27, 2006'. Revised September 26, 2006
Revised October 24.,2006; Revised November 18,,.,2006
Revised December 11.,,2006; Revised - January 4, 2007
Revised February 11.2007; Revised, October, 14;,2008
Revised November'] 7' 2008-, Revised January 14, 2009.
Revised Jurie]'5. 2012: Revised " October -4.:2012'
conditions may be subsequently amended or revised by the .Applicants (as hereinafter
defined) and such be approved by the Frederick County µBoard of Supervisors in
accordance with the said Code- and Ordinance. In the event that such rezoning is not
granted, then 'these proffers shall be deemed withdrawn, and shall have no binding effect
whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the
Applicants (as hereinafter defined) and their successors and assigns.
The subject property., identified. as Willow Run, and more particularly described as the
lands owned by Willow Grove. V LC, '740 LLC, 750 LLC, Miller and Smith at Willow
Run, L.L:C., and Greystone Properties, LLC, (the " "Applicants ') being all of Tax Map
Parcels 53- ((A)) -90, 53'((A))-91, 53- ((A)) -92, 53 -((A)) '92A, 53- ((A)) -92B, 53- ((3')) -A
and.,63. -((A)) -2,A; and further as shown on the Final. Plat for. Boundary Line Adjustment
Between the Lands of Willow..GroveN LC and Miller and�,Smith a( Willow Run, L.L.C.,
prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, ,2004, together with
the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, LL.C. ,
recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh
& Legge Land Surveyors, P.L:C. 'recorded in Deed Book 886 Page 447 and an attached
plat prepared b, Lee. A. Ebert, C.L.S. recorded.: in Deed. Book ,543 Page 247, together
With, the Deed for Miller and Smitl at Willow Run, L.L:C., from Melco, Inc., recorded as
Instrument # 040017302 (collectively,. the, "Property")..
PROFFER STATEMENT'
A) Residential Land .Use, . '
1:. The Applicants hereby proffer to limit the total number of residential
units `to 1,390` dwelling units, exclusive of the existing residential units
on�the subject properties.
2. The., Applicants hereby proffer to 'limit the number of residential
building permits to a maximum of 200 build_ ing permits each
calendar year until the buildout of Willow Run, exclusive of age
restricted residential units and' model- 'homes. The,'.Applicants, shall be
permitted to carry forward up to a maximum. of 100 residential
building :permits that are not obtained during each calendar year to the,
ensuing calendar :year; however, in no case shall tthe number of
residential building permits, including age = restricted' residential :units,
e) Geed a- total of '300 issued. in any callenda,' year'.
3. The Applicants hereby proffer to provide for a mixture of housing
types; within Willow Run consistent with the minimum and maximum
File #3800WG72012 Conditional Zoning „Amendment /EAW
Greenway. Engineering September 1, 20,05; Revised November 4, 2005 ?
Revised'November 36,2065; Revise&May:18,;2006
RevisedJune.27, 2006; Revised September 26, 2006
Revised October 24,,2006s;Revised_Ngvember'B 2006
Revised December 11; 2006; ^Revised January 4, 2007
Revised Febru T2 20.0.7,; Revised, October 'P4. 2008
Revised N ary ovember 17, 2008`,Revised January 14. 2009
Revised knell's, 2012;, °Revised October 4,
percentages .and permitted .housing- types identified in the Willow Run
Residential Unit Matrix as set.forth below:
Willow Run Residential Unit Matrix.
Category
- Minimum
Maximum
Housing'Types Permitted
of'Units
% of Units
Single- Family
20%
35 %
RP District SFD; 354' SFD lot; 45' SFD
Detached
lot; 55' SFD lot
Single= Family
20%
40%
Duplex; Multiplex; Atrium House ;.
Attached
Weak -Link Townhouse; Townhouse
Multifamily
20%.
30%
Condominium; Apartments:, Residential
Above Commercial
Age- Restricted
5%
20%
Single- Family Small Lot; Duplex;(
Multiplex-
°4. The Applicants' hereby proffer to develop 'age- restricted' dwelling units
within Willow Run, the total number of which• shall fall within a 5%
minimum to 20% maximum range of `the total number of residential
units. Except-to the extent otherwise prohibited by the Virginia Fair
Housing Law, the Federal Fair Housing Law, and other applicable
'federal, :state; or local legal requirements; any, dwelling unit within the;
portions of the Property identified as age- restricted housing. shall be
restricted•to housing for older persons as defined in Va. Code ,Ann. ,§
36- .96:7, Or a surviving spouse not so qualifying. No person under -1 -9
years of age shall be permitted to'be regularly 'domiciled or 'to reside
permanently therein. The restriction provided for herein shall also be
in the form of a "restrictive covenant with respect. to 'the: residential
portion of the Property designated as age- restricted, and any Property
Owners Association (POA) or sub - associations:- created with respect,
thereto shall: ',have assigned responsibility for the enforcement and
administration •of the said age: restricted covenant.
File -e #380OWG /2012,Conditi6nal,Zoping Amendment/EAW
GreemwaytEngineering Sent6nber:1, 2005; Revised NovemberA 2005 4
Revised November_30, 2005:-Revised May 18, 2006
Revised .tune 27;?006; Revised,September:26, 2006
Revised;October 24, 2006';; Revised November 18. 2006
Revised December L1, 2006; Revised January•4, 2007
Revised`February' j2, 2007; Revised October 14, 2008
Revised.November 1:7, 2008; Revised January 14,"2009
Revised .Tune I _i, 2012;:Revised October; 4, 201 2
5. The Applicants hereby proffer to provide a double row of evergreen
trees'.betwem.. the southern most residential structure and Cedar Creek
Grade to `minimize. viewshed impacts from the Homespun property.
The double row of evergreen •trees shall be planted on 10 -foot centers
and" shall be a minimu'in of ;four feetin height when planted. These
trees °sfiall;
be planted, in conjunction with the improvements specified
,in Section D(10) of.this Proffer Statement.;
6. The Applicants hereby "proffer to conduct a Phase I Archaeological
Assessment: of the'Penbrook Cove farmstead ( #34 -1236) area located
within- proposed .age- restricted portion of the Property. The; Phase I
Archaeological Assessment will 'be conducted prior to approval of the
Subdivision•,Design Plan for the age - restricted community and, will be
in conformance - with Virginia Department. of Historic Resource
standards. The Applicants will utilize this information for display
within the age- restricted community center building for the benefit of
the residents of the age-restricted. community,,
B,) Commercial Land Use
1. The Applicants: hereby proffer to designate a commercial center area
and, neighborhood commercial area along the Jubal Early Drive
corridor as delineated on the proffered Willow Run Master
Development, Plan. The commercial center area, and neighborhood
commercial area shall be °a minimum of 32:4 acres, which constitutes
9 % of the targeted 10% total commercial area specified by Ordinance.
The ;Applicants proffer to apply for a rezoning of the Merriman's Lane
-
(Route 62•L) right of =way within 6 months of abandonment by VDOT.
This land area will be merged and absorbed into the commercial center
area following rezoning approval-. The Applicants proffer of - right -of-
way dedication for the new Route .3,75tibal Early Drive interchange
shall`.not count towards the total. commercial acreage;; however, should
additional right-of-'Way for said interchange be needed in the future,
the Applicants shall not be _required to 'provide additional commercial
acreage,
2. The'' Applicants hereby proffer to provide a maximum of five'-acres of
land to Frederick County within .the .southwest. - quadrant of the
commercial ,center located at the intersection of Jubal Early Drive and
Sandy Ridge Boulevard to allow for the development of an -aquatic
File; t3800WG/ 2012: Conditional 'Zoniiig,A]17eiidnlent /EAW
Greenway,Engineering September 1.2005;,Revised November 4, 2005
Revised November 30. 2005; Revised May 18, _2006
Revised,June 27;2006; Revised Septemb6f 26, 2006
Revised.October:24, 2006; Revised November 18. 2006
Revised December I I.2006;Rev sed January 4, 2007'
Revised February 12 2007;.Revised October. 14. 2008 -
.Revised November 17, 2008; Revised January 14, 2009
Revised .tune i'S, 2012` Revised, October 4, 2012
center by others. This land area shall be available to the County for, a
period of .five years from the date of the final non.-appealable 2012
conditional zoning- amendment approval and shall be limited to the
development of an aquatic center by others. The Applicants shall .
prepare and provide the County with the deed for this land area and for
.a temporary °ingress /egress if the County chooses to develop 'this land
area in. advance of -the construction of the approved road system. The
Applicant shall provide the deed to the County, provided that the
County has approved a Site Plan for the new aquatic center within the
time period stipulated above. The land associated with this aquatic
center proffer shall promptly be conveyed `back, to the Applicants by
the County, f the County has not awarded :a construction contract for a
new .aquatic centeron the site within two-years, following the.recording
of a,deed to this land area. If the County accepts'the land and develops
the site', the Applicants, shall receive recreational value credit for this
acreage, which shall ,be the appraised value at. the date of the deed;
however,, the aquatic center shall not count towards the commercial
floor`space °that s,guaranteed iri Sections B(5, and 9(6). If the County
does not exercise .its option for the jan.d for the aquatic center within
the time specified .in this section, the ;proffer shall become null and
void as a final matter, and the Applicants •shall provide the recreational
amenities.specified- in Section F(-1) of this proffer-, statement.
3. The Applicants hereby,proffer to utilize `similar construction material's
and similar development themes for all - commercial development
within Willow Run. The principal construction materials that are
visible from the adjacent community streets shall be limited to brick,
stone, artificial stone, simulated stucco; cementous siding; wood, glass,
standing seam metal, dimensional shingles,, . of false roof systems.
These construction materials, shall 1 b utilized on- all building, walls and
rooflines.. -Additionally, the Applicants proffer to restrict business
signs to monument style that are a maximum of 15 feet in height and
to building mounted signs. Furthermore, the Applicants proffer, to
incorporate into the Willow Run Property Owners Association
` ( "POA ") Declaration of sub- associatioq declaration provisions
creating an, Architectural Review Board ( "ARB ")'`rimasternorganization,
which shall, be responsible for the review and approval of all exterior
construction materials for commercial development,
4. The Applicants hereby proffer to design the commercial center, to
ensure that no parking lots are located between_ the commercial
buildings fronting 'along Jubal. Early Drive and Sandyridge Boulevard
File #3800WG /2012.Conditional,Z6ning Amendment/EAW'
Greenway Engineering. September 1;:2605; Revised'November4. 2005
Revised November 30. 2005 Revised May 18, 2006
Revised,June;27, 2006;;'Revised September26.,2006
Revised October 24; 2006; Revised'November 18; 2006
Revised- ,December11,,2006 Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
Revised Novemb "er, 17, 2008; Revised,January 14,;2009,
Revised`June.15 „2012; Revised October "4;2012
(Wn:Street) and those street systems. This standard. shall not prohibit
the provision of on street parking along the public streets within the
commercial' center. Additionally, the Applicants proffer to provide
detailed lighting plans for each commercial `site plan. that provides for
the type, of light fixture to be, used and,, demonstrates foot- candle levels
throughouf the limits of each commercial site to ensure compliance
with ordinance standards.
The . Appliicants hereby ,proffer to guarantee the completion of 1.0,000
square 'feet of commercial floor space prior to the is 'suance of the
buil'ding'permi "t for the 600`1' dwelling unit, exclusive of building
'permits for model homes..
6. The, Applicants hereby proffer to guarantee the construction of an
additional 1,0,0 00 ,square feet of commercial floor space - ,after the
issuance: of the 6001h building permit, but no later than the issuance of
the. 1'. 0001h buMing permit, exclusive of building permits for model
`homes.
7. The- Applicants hereby proffer to prohibit the following commercial
land' uses within Willow Run:
Gasoline Service Stations and Outdoor Gasoline Pumps
Exterior Boarding Kennels
➢ Electric, Gas & Other Utility Transmission and Distribution;Facilities
Automotive Dealers &Automotive Repair
Golf'Driving Ranges & ,Miniature Golf Courses
,Electrical Supplies°(Wholesale)
,Hardware, Plumbing; & - Heating Equipment (Wholesale)
➢ Commercial Outdoor Batting Cages
Adult Retail
All land uses withMthe B3, Industrial Transition District and M,l, Light Industrial
District that are not otherwise permitted in the B2, Business General District.
No individual tenant or owner shall be permitted to occupy a single floor area
greater than 5000" square feet except for grocery stores, indoor motion picture
theaters, indoor amusement and recreationaf�services and the aquatic center.
C.) Master,Development Plan
1. The, Master Development Plan is intended to delineate the general
location of ,all road systems including the new interchange at Route 37
File #3800WG /2012 Conditional Zoning Amendment/EAW
Greenway Engineering September 1.12005; Revised,Ngvember 4;,2005,
Revised November 3% 2005; Revised May 18, 2006
Revised'June +27, 2006; Revised `Septeinber26, 2006
Revised.October 24, 2006; RevisedNovember 18;.2006
'Revised December '] 1,,2006:. Revised January 4, 2007
Revised °February 11 2007; Revised October 14, 2008
Revised,Noyember'77, °2008; Revised January 14, 2009
Revised June 15,.2012; Revised October 4, 2012
using the- existing bridge, Jubal. Early Drive from the City of
Winchester to the new interchange at ;Route 37, the commercial and
residential main ;street, the location of residential and commercial
development, areas, the location of residential `land uses, the location of
the. community, center park area and neighborhood park areas, and the
general ,location. of the extended. Green Circle pedestrian and bicycle
facility'within Willow Run., The Applicants have identified elements
of the Master Development Plan that are intended to be, flexible that
can b e revised. without the requirement of a, conditional zoning
amendment for the proffered Master- Development Plan. These
standards are described within Modification 41 -'Master Development
Plan Flexible'Design Elements, of the Community Design Modification
Document- dated February 12, 2007 ,submitted_ as a proffered document
for this rezoning application.
D.) Transportation Enhancements .
The 'plicants hereby. p and and construct Jubal Early
Drive as a four- ane divided landscaped ;median section, including the
realignment of Meadow Branch Avenue from the current terminus in
the City of Winchester to Route 37 as described in proffers D(2) —
D(4). The Applicants hereby proffer to dedicate the right -of -way for
JuWl Early Drive between the City of. Winchester and Merriman's
Lane to Frederick. County prior to the issuance of the 200th building
permit. - Bonding for this dedicated right -of -way shall be provided
during the construction phases of Jubal .Early 'Drive specified in
proffers 'D(2) 1)(4).
2. The Applicants hereby `proffer to fully fund and construct the four -lane
divided landscaped median. section of Jabal Early ;Drive from the
current terminus in the City of Winchester 'to the second intersection
identified on the proffered Master Development Plan which shall be
designed and constructed to base pavement prior. to issuance 'of the
3'001h residential - building permit and bonded to ensure that the top coat
of,asphalt is .guaranteed.
3;. The Applicants hereby proffer to fully fund and construct the four -lane
divided landscaped median section. of Jubal Early Drive from: the
terminus of the completed phase ,at the second intersection to the first
commercial center intersection identified on the proffered Master
Development Plan which shall be designed and constructed to base
File #3800WG/2012 Conditional Zoning Amendment/EAW
Greenway Engineering September 1,2005 Revised November 4, 2005 8
Revised November'30, 2005 ;:Revised May 18, 2006
Revised June 27,,2006; Revised-,,September,26, 2006
Revised October.24'„ 2006: Revised November 1& 2006;
Revised. December 11, 2006;` ,Revised_ January 4,2007
Revised. February`12, 2007; Revised October 14,;2008
Revised November. l7, 2008; Revised January"14 „2009
Revised June 15 2012-,,Revised October4, 2012
pavement prior 'to issuance of. 450t' residential 'building permit and
bonded to ensure that the top coat of asphalt is guaranteed.
4. `The Applicants hereby proffer to fully fund and construct the.four -lane
divided landscape ,median section 'of Jubal -Early Drive from terminus
of the completed phase at the first commercial center intersection to
the Route 37 :northbound on and. off ramps which shall be designed
and constructed .to. base pavement prior to issuance of 600`- residential
b_ uilding permit and bonded to ensure that ;the top coat of asphalt is
guaranteed:
r.
5. The Applicants. hereby proffer to fully :fund and construct: the new
,Route. 37/Jubal Early Drive interchange northbound and southbound
on and off .ram,ps utilizing roundabout, design and using the: existing
bridge structure. The Applicants shall' commence construction of this
improvement in calendar. year 2017 `with completion no- later than
calendar year 2022, or completion no later than the 'issuance of the
600`1' building, permit, whichever occurs first. The Applicants shall
meet all applicable requirements of VDOT necessary to. in the
construction permit for this improvement through its completion.
Furthermore; the Applicants proffer to allow the developer
construction. dollars to be utilized as matching funds unconditionally
by Frederic_ County for additional.- transportation system
improvements.;
6. The Applicants `hereby proffer %to, fully fund and construct the
realignment of approximately 1;000 feet of the-two-lane section of
Merriman' °s. Lane': (Route 621) to the north of Juba] Early Drive to
create a "T intersection, which shall be designed and constructed to
base,pavement.prior to issuance of the 600`h. residential .building permit
and bonded ,to ensure that the top coat of asphalt is guaranteed.
7 The Applicants, hereby proffer to fully fund and construct the
extension of Cidermi'll Lane from. the current terminus ;in the City of
`Winchester into the Property. The extension of Cldermill Lane shall
be barricaded until the Applicants have completed the construction of
Jubal. Early Drive .and, the new Route 37 /Jubal Early Drive .interchange
northbound ;and :southbound on and off .ramps. The barricade for
Cidermill Lane shall include a sign. advising adjoining neighbors of the
planned, continuation of this road.
1--ile. #3800WG /2012,Conditional Zoning,AmendmenVEAW
Greenway Engineering September. 1, 2005, Revised November 4, 2005
Revised'November30,2005; Revised-May 18, 2006
Revised June 27, 2006; Revised: September 26,2006
Revised October 24;;2006; Revised November - 18;:2006
Revised. December 11 „2006 -, Revised January, 4, 2007
Revised February 12, 2007; Revised.October 14, 2008.
Revised November A7,.2008- Revised January 14, 3009
Revised june 45,,2012; Revised October 4..2012
8. The Applicants hereby proffer to execute, a signalization agreement
with VDOT or the City of Winchester to fully fund traffic
signalization with pedestrian actualization at the intersection of Jubal
Early Drive and Meadow Branch Avenue. This traffic. signal shall be
'installed when warranted by VDOT'. .
9. The ,Applicants hereby proffer to execute- a signalizaton agreement
with VDOT to. fully fund traffic signalization with pedestrian
actualization at the intersection of Jubal Early Drive and the
Merriman's Lane north realignment. This traffic signal shall be
installed when warranted by VDOT.
10. The Applicants hereby, proffer the construction of frontage
improvements along' Cedar Creek Grade on the Property as
demonstrated on the proffered "Willow Run Cedar Creek
Grade /Birchmont Drive Improvements Exhibit- dated February 12;
2007. These improvements shall be installed prior to the issuance of
any residential occupancy permit that is solely dependent upon this.
intersection °for ingress acid egress, exclusive of model homes; and in
any event shall be'. installed no later than .the issuance of the 200`''
residential permit. Additionally, the Applicants proffer to dedicate the
20 -foot right -of -way area demonstrated on the proffered Willow Run
Cedar Creek .Grade /Birchmont Drive. Improvements Exhibit dated.
February 42; 2007 at such time as requested by VDOT.
11. The Applicant's hereby proffer to design Birchmont Drive to provide
for traffic chokers and /or chicanes at three locations along; the street
system. The locations of these traffic calming features shall be
prov -ided og the Subdivision Design Plan within proximity of the
northern, central and southern portions of Birchmont Drive.
proffer to execute a signalization agreement
12. The.
h VDOT to fully .fud traffic sgnalizaton at the ,intersection of
Cedar Creek Grade and Birchmont Drive., This traffic signal shall be
installed, when warranted by 'VDOT.
11 The Applicants.h'ereby proffer to fully fund' and construct a connection
between Cedar Creek Grade and Jubaf Early Drive ' to base pavement
using Birchmont Drive or a combination of Birchmont Drive and
_.Station Hill Dri .,ve by the issuance of the 200`h residential building
permit, exclusive of model homes.
File #3800WG/2012 Conditional.7on ng Amendment/EAW
Greenway Engineering September 1, 2005; Revised'November4, 2005. 10
Revised November.30, 2005,;.Revised May 18, 2006'
Revised June 27, 2006; Reyised,September 26; 2006'
Revised October 24, 2006;'Revised November 1 S, 2006
Revised December 11, 2606 ,Revised January 4, 2007
Revised February;12. 2007; Revised' October 14, 2008
Revised' November 17 ,.2008t,Revised-January'14,,2009
Revised7hne15 „2012; Revised October-4,2012
14. The Applicants: hereby proffer t, construct all ubdivision streets to the
ultimate section as identified on the VDO.T typical section ;sheet of the
proffered Muster Development Plan.
15. Where private- alley systems are utilized within Willow Run, the
Applicants hereby ,proffer to design 'arid construct the private alley
systems as one -way travel within a minimum 14 -foot wide easement
having a, minimum of 12 feet of ,pavement with mountable curb on,
.each side of the pavement along the, entire .alleyway,. and as, two -way
travel within a, minimum 20 -foot easement having a minimum of 18
feet of _pavement with mountable curb on each side' of the .pavement
along the entire all'eyway., The vertical sectional dimension of
pavement thickness and compacted base, thickness will. meet public.
street pavement istandards utilized by the Virginia Department of
Transportation: All`. private alleys that intersect: other, private alleys at
90- degree angles or have turns at 90- degree angles shall' provide for a
minimum. turning radius of 30 feet; The maintenance of afl .private.
alley .systems shall ; be the responsibility, of the POA or sub-
associations for Willow Run.
E.) Monetary _Contributions
1. The Applicants, hereby proffer ;a monetary contribution for each
dwelling unit that is non -age restricted in the amount of $9,078 to
mitigate impacts to, capital facilities as identified in the Frederick
County Capital Facilities Fiscal Impact. Model - Output Module
prepared by the Frederick .County Planning Department on. July 21,
2005, This monetary contribution provides for the total fiscal impacts.
for nonage, restricted; dwelling units, as commercial fiscal credit is
only given for� 10;000 square feet of the 20,000 square feet of
commercial land use that is guaranteed in Sections B(5) and B(6) of
thi's Proffer Statement. This monetary contribution shall be provided
to Frederick County at the. time of building permit "issuance for each
non -age restricted dwelling unit.,
2. The- ,Applicants hereby proffer a i'nonetary contribution for each; age -+
restricted :dwelling unit in the amount of $2,000.00 to mitigate impacts-
to alf County services, exclusive of Public Schools 81d'entified in the
Frederick County Capital Facilities Fiscaf Impact Model — Output
Module' prepared by the Frederick County Planning Department on
July 25., 2005. This monetary contribution shall be provided to
File #3800WG /2012 Conditional Zoning AmendrnenVEAW
Greenway Engineering, September l „-2005, Revised November 4, 2605,
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006,;-'Revised September 26, 2006
Revised October 24,;206; Revised NovembeH8, 2006
Revised December 11,,2006 -; Revised January 4, 2007
Revised February 12 2007;'Revised.October 14, 2008
Revise&Novembei 01 2008; Revised, January. 14, 2009
Revised June 15,;2012; Revised October-4,2012
Frederick County at the 'time of .building permit issuance for each age
restricted dwelling unit.
3. In, addition to the, monetary proffers provided for fire and rescue
service as part of the proffer ,set :forth iq Section E(I) above, the
Applicants Hereby proffer to contribute a total of :$50,000.00 to further
support the ;Round Hill and Shawnee Volunteer Fire and Rescue
Companies in, :Frederick County and the City of • Winchester, :which.
will provide first response service to Willow Run: The $50;000.00
monetary contribution shall be provided through separate payments of
$25,,000:00 to Frederick County and ;$25,000-.00 to the, City of
Winchester.,-- These payments :shall, be provided for each locality at the
time of building permit issuance: for the first residential dwelling unit
within; Willow Run. Additionally, "the• Applicants will establish a
-provision, in the POA or sub - associations' documents, which will
provide a payment of $100.00 per occupied residential unit. -on an
annual :basis. to the City of Winchester for Fire. and Rescue Services.
This payment to the City of Winchester for Fire and. Rescue Services
shall continue. until such at time that a new Route 37 interchange is
developed, at Jubal Early Drive with southbound off -ramp access.
Evidence. of the .payments to the; City'of Winchester, described lin this
section shall 'be provided to the Frederick County Planning
Department.
4. The Appl cants hereby proffer' to provide $1000:00 for each. non -age
restricted residential lot to Frederick County -for the purpose of site
acquisition -funding or school construction . for the Public School
system. This payment shall be provided at.. the time of building permit
issuance for each non -age restricted 'residential dwelling unit within
Willow Run
:5.,• The monetary contributions identified in the Frederick. County Capital
Facilities Fiscal Impact Model. - Output-Module prepared by the
Frederick County, Planning .Department on July 21, 2005 shall be
limited ,to that amount for all building permits issued for the _initial 30 .
months following approval of the final non - appealable proffered
Master Development Plan, which was approved on February •28, 2007.
All monetary contributions paid, after the 30- month timetable_ shall be
adjusted :every 24 months in_. accordance with the Urban Consumer
Price Index' ( "CPI -U ") published by the United States Department of
Labor; subject to a cap of 4% per year, non- compounded.
File, #3800WG /2012 Conditional Zoning.Ameridnient/EAW
Gieemvay Engineering September 1�, 2005; Revised - November 4, 2005 12
Revised November 30, 2005; Revised May 18, 2006
Revised June 27 „2006; Revised.Septembers26, 2006
Revised October 24, 2006;"Revised November 18, 2006
Revised December, 1`1, 2006: Revised January 4, 2007
RevisedFebruary 12, 2002; Revised October 14, 2008
Revised;Novemher 1.7,, 2008; Revised.January 14; 2009
Revised June 15. 2012; Revised October 4, 2072
F.) Community .Recreation.
1. The Applicants hereby proffer to construct a community center
building that is an enclosed, year round heated facility with restrooms
and a catering kitchen facility that.is a.minimum of 4;000 square feet
in floor area, which, shall count towards the active recreational amenity
requirement for Willow,Run.- The community center building shall be
bonded no later than the issuance of the 400th buildingpermit and shall
be constructed and available for: -use; by residents of Willow Run.prior
to the issuance of the 600th building, permit. The, maintenance of the
community center building shall. be the responsibility of` the POA or
sub =associations for Willow Run. In the event that Frederick. County
does:nofacquire the 5-acre aquatic center site specified in Section R(2)
of this proffer statement, the Applicants hereby proffer to provide for
an outdoor community pool facility with a combined water surface
area of 3,500 square: feet, which shall be completed prior to the
issuance,.of the 6001h residential permit.
2. The Applicants hereby proffer to construct a community center
building fo'r. the exclusive use of the age - restricted portion. of Willow
Run that, is an enclosed, year round heated facility with restrooms and
a catering kitchen facility that is a minimum of 2,000 square feet in
floor area, and. shall .count towards the active recreational amenity
requirement fore Willow Run. The; age- restricted community center
build'i'ng shall 'be bonded in conjunction with the first Subdivision
Design .Plan; approved for the ,age- restricted community and shall be
constructed and available for use prior to the issuance- of the building
permit for the 601h age - restricted dwelling unit.- The maintenance of
the ,age- restricted. community center building. shal be the responsibility
of the POA or sub - associations for Willow Run.
3. The Ap-plicants hereby proffer to design, and construct 'a: public
extension, of the Green Circle pedestrian and bicycle facility located
along the south side of Jubal Early Drive that connects the developed
portion 'within the City of Winchester throughout the limits of the
:commercial. center area.” This, public pedestrian and bicycle facility
�shall. be, 10 feet. in width and have an asphalt surface, and shall count .
towards the active .recreational amenity requirement for Willow Run.
This; facility shall be constructed concurrently with the :adjoining
File #3800WGl2012 Conditional Zoning Amendment/EAW
Greenway Engineering September 1,2005; Revised November 4,2005 l`3
Revised November 30. 2005; Revised May 18, 2006
Revised June 27, 2006; Revised'September.26, 2006
Revised October 24, 2006;,Revised November 18, 2006,
Revised December 11, 2606-,!Revised January 4,:2007
Revised, Fe.bruarya2 „2007,;. Revised, October 14, 20,08
Revised November 17, 2008; Revised,January 14,2009
Revised June 15., 2012;, Rev, ised October 4; 2012,
sections of .Jubal Early Drive as 'specified in Sections D(2) — D(4) of
this;Proffer Statement.
4. The: Applicants hereby proffer 'to design and .construct an internal
pedestrian :.trail system, which shall count towards the active
recreational amenity requirement for Willow Run. This internal
pedestrian trail system shall be six feet in width and have an asphalt
surface. The various segments of the internal trail system shall be
bonded, the open. space dedicated and constructed in conjunction with
each residential section in which the trail system is located. The
internal pedestrian'trail system shall be private and shall be owned and
maintained' by the .POA or sub- associations for'Willow Run. A public
access easement shall be established, along the .portion of the internal
pedestrian 'trail system located around the 5 -acre man -made water
feature and along the segment continuing south along Sandyridge
Boulevard.
G.) Community Curbside Trash Collection.
L The. Applicants. hereby proffer- to provide commercial trash pickup and
waste removal service. to all residential land. uses and the community
center facilities within Willow Run. "The commercial trash pickup and
waste removal service shall be established 'by deed covenant and shall
be assigned to the POA or sub7associations at such time as identified
in the legal documents setting forth the guidelines for the Willow Run
POA. The commercial trash pickup and waste removal service shall
.remain in effect and be the responsibility of the POA or sub -
association until such time as this service, is provided by Frederick
County or. other,municipal providers.
H )- Creation, of Property 'Owners Association (POA),
A POA. or sub. - associations shall be created by the Applicants in
conformity with the Virginia Property Owners' 'Association Act (Title
55, Chapter 26 of the Code of Virginia, 19.50,. as amended). The POA_
or' sub - associations shall have title to and /or.responsibility for:
File #3800WG /2012 ConditionaLZomng Amendment /EAW
Greeiiway;Engineering Septembers, 2005 Revised November4, 2005 14
Revised November,30;.2005 .Revised May 1$, 2006
Revised June 27, 2006; Reyised!September'26, 2006
Revised October.24, 200¢; Revised November, 1$; 2006
Revised December 11, 2006; Revised January 4, 2007
: Revised February 12, 2007; Revised October 14:'2008
Revised November 17, 2008; Revi.seddanuary'14,�2009
Revised June 15, 201 -2; Revised October 4; 2012
a., All common areas, including,, but riot limited to, buffer areas,
internal pedestrian trail .systems and stormwater management
facilities not otherwise dedicated. `to ,public use or maintained
by:commercial entities.
b. Maintenance of private streets and alleyways.
C-. Residential curbside- trash. collection.
d. Maintenance of community structures, and facilities called for.
under,Section_s F(1) through F(4) above..
2. The Applicants. Hereby proffer to incorporate. into the Declaration
creating, the Willow Run POA or sub - associations, ,provisions creating
an ,Architectural Review ,Board ( "ARB" )., The purpose of the ARB
will, be to review -.and approve all initial construction applications, and
exterior additions: and alterations to the existing .commercial structures
and dwelling units within Willow Run to ensure that all design
guidelines established by the ;Applicants are met, together with all such
other duties, and responsibilities as may be imposed, by the Declaration.
3. The Applicants -hereby proffer to incorporate, into the Declaration
creating the - Willow Run POA or sub_ associations, provisions
establishing' an assessment to be collected at the time of the initial
transfer of title to -any residential lot- in Willow Run (whether to a
builder..or otherwise) as well as at the time, of any subsequent ,transfer
of title. - Such sums shall be paid to. the P.OA or, sub.- association, as
appropriate,' for use in the maintenance and-up ' keep of the common
areas, as determined by the Board of Directors of the PON.
I.) Environmental
1., The -Applicants, ,hereby proffer to ;identify- . and delineate a
developmentally. sensitive ,area ( "DSA ") boundary on the proffered
Master. :Plan. The DSA will identify °the location, of
wetland areas: - Information regarding potential impacts within the
DSA and methods for mitigation will be; incorporated as, a component.
of the Subdivision Design Plans or Site Development Plans for any
portion, of the Property that adjoins wetland areas.
File #3800WG/2012 Conditional Zoning AmendmenUEAW
Greenway'Engineering September 1, 2005;'Revised- November.4, 2005 15
Revised November 30, 2005;,Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24', 2006;.Revised November 18, 2006,
Revised December 11, 2006;.Revised January 4, 2007
-Revised February 1`2, 2007; Reyised;October 14, 2008
Revised November 17, 20ft,Revised January 14, 2009
Revised June 15, 2012; Revised October 4, 2012
2. The. Applicants hereby proffer to conduct a geotechnical analysis on
all residential 'lots that are platted within 100 feet of the 'major karst
featnre.located on tax ,map parcel 53- ((A) -9'l prior to the issuance of
building,permits for such lots.
3.
The Applicants hereby proffer to provide a resource protection area
( "RPA ") buffer of 50 feet adjacent to the DSA boundary adjoining
wetland areas; No:.portion of any residential lot will be platted within
the DSA. Additionally, commercial development shall not occur
within ,the DSA. The only disturbance that will be permitted within
the DSA or the RPA adjacent to wetland areas will be for road
crossing, utility crossing and pedestrian and bicycle facility crossing.
4. The Applicants Hereby proffer to develop a land'scap'ing plan as an
enhancement for the wetland areas located on the south side of Jubal
Early' Drive and provide for the planting of all elements of the plan
during the first fa .'orable planting season ;subsequent to wetlands
disturbance. - 'The .Applicants will_ establish language within the POA
or, sub - association-, documents which provides for= the maintenance of
the :landscaping, described above and allows the Shenandoah
University Environmental Studies Department agcess to this area for
the purpose of studying and monitoring this wetland enhancement
project as an Outdoor land lab educational opportunity.
5. The Applicants hereby proffer that all, :commercial site plans and the
community, center site, plans: submitted to Frederick County will be
designed to. implement Best Management :Practices ("BMP ") to
promote stormwater quality measures.. A 'statement, will be provided
On 'each commercial site plan and on the community center site plans
identifying the party, or parties responsible for inantaining these BMP
facilities as.a condition of site plan approval.
File #3800WG /2012 Conditional Zoning- Amendmeni/EAW
Qr enway =EngineeriRe September 11. 2005: Revised, Novemhe 4, 3005 16
Revised %vemher- 30.2005 :.Revised May 18:;2006
Revised June 27. 2006' 'Revised,September 26; 2005
Rellised Octobcr'241.2006: Revised November'1'8 -2006
,Revised December 7 1.:3006: Revised January 4. 2007
Rcviseda?ebruary 12. 2007: Revised October 141 2008
`November 17.2008_ Revised January 14, 2009`. June 15.201?
J,} Si�aiures
The' conditions proffered, above shall be ;binding upon the assigns and successors in
the interest. oPthe _Applicants who constitute theT owners of the Property. Ins the event
the Frederick - County Board of Supervisors grants this rezoning and accepts the
proffered conditions set. forth 'in. this. proffer statement, 'the foregoing 'proffered
conditions shall apply to `the Property .rezoned in addition to other requirements set,
forth in the-Ordinance.
Respectfully Submitted,:
By - //Z
Wi'llow.Grove.V LC; Date
Commonwealth of Virginia,
City /C of lrf✓%!�- �' 5'% !� To Wit:
The foregoing instrument was acknowledged before me,this day of �G T06,E�Z
20 by
�T• Coy John T. Conrad
Nw 9�o NOTARY PUBLIC
C6rrimonwealth of Virginia
Reg. #7ib31 °84
tioT %R�t�,�P�y.
My Commission Eupires.
qRr , SepternberlO, 2016
otary Public
MyCommission Expires
1=i1e'#3800WGI2012 Conditional 7_oning AmendmenVEAW
Greenivay Eiia neerine
September 1, 2005: Revis - ed November, 4'.2005
` 17
Revised November 30,.2005; Revised May, 18.2006
Revised June 27, 2066; `Revised`Sepiember'26, 2006
Revised October 24,2006 ; R6ised November f8;,2006
Revised; December 11, 2006; Revised January, 4;2007
Revised February )2, 2001; Revised Octobei 14, 2008.
ReAsed,November 17, 2008; Rcvised January. l4, 2009
RevisedJune'15, 2012; Revised October,4, -2012
J.), Signatures
The conditions proffered above shall be binding upon the assigns and :successors' in
the'interest of the Applicants' who constitute the Owners of the Property. In the event
the Frederick County, Board ,of - Supervisors grants this rezoning and accepts . the
Proffered .conditions set; forth Jn this proffer statement, the foregoing proffered
conditions shall apply to; the Property rezoned in.,addition, to other requirements set
forth,in the Ordinance-
LIMA
Commonwealth of Virginia,
City/ ounty. of W <iyG C 9dF4, To Wit:
:Date
The foregoing instrument was acknowledged' before me.this day. of a07-06F04-
Nz :coti John T. Conrad
"wF�a NOTARY PUBLIC
Commonwealth of Virginia
of ._` Rey. #:7163184
yo�rRdiN� �� My tommission Expires
rgRY 9 September 30, -2016
My Commission Expires
File, 0800AIG12612fonditional ZoningAmendment/EAW
Notary Public
GreemcavEn 0 meerin0 g September 1, 2005:,Revi'sed NovemberA,.2005 18
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, MM. Revised September 26,2006
Revised October24;" 2006; Revised'November 18,2006
Revised 'December 11,-2006,Revised January 4, 2007
Revised Eebruary'l2 „2007; Revised October' 14, 2008
Revised,November 17, 2008; +Revised January 14, 2009
Revised June 15, 2012; Revised'October4, 2012
J.) Signatures
The conditions proffered above shall be binding upon, the assigns' and successors in
the interest of the Applicants' who constitute the owners of the Property. In the event
the Frederick :County, Board of Supervisors grants this, .rezoning and accepts the
proffered conditions set .forth in this proffer statement; the :foregoing proffered
conditions shall apply to the Property rezoned in ,addition to other requirements set
forth in the Ordinance.
By
EEC Date
Commonwealth of Virginia;
City /�of �l�fGdt4FS7 4512 - 'to VJit:
The foregoing instrument was acknowledged before me this day. 4 c 76 69
20 / A. by s% � f ELY 7 W#17-E, .
NwoN�
John T. '.Conrad
NOTARY PUBLIC.
0 of =
Commonwealth of Virginia
Ru .:Y 7,16'3f84
$O4AGIN�P�� ,'°
..
My Co amssion.Expires
�Rr
September 30;. 2016
My Commission Expires
Fi1e:03800WG /2012 Conditional Zonina AmendmenYEAW
`TG�C. 7-e�/
Notary Public
Greenway'Engineenng September 1,2005; Revised November 4, 2005
Revised 'November 36 2005; Revised May 18'; 2006
Revised June ".27, 2006; Revised September 26, 2006
Revised October 24,'2006;_ R_ evised November, 18, 2006,
Revised, December 1.1, 2006; Revised January ary 4,.2007
Revised February 12, 2007 ;;Revised October 14, 2008
Revised November 17,2008; Revised January 14, 2009
Revised June 1'5;:2012; Revised'October 4, 2012
J.) Sknatures
i9
The conditions proffered above shall be binding upon the assigns and' successors in
the 'interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Bbard of Supervisors grants this rezoning and accepts the
proffered conditions set .,forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in. addition to other requirements set
forth in the Ordinance.-
r� t
By: / ol-
j
L Miller and `§Smith d'tA?Vi11ow Run L.L.C. Date
By: Miller and Sinrth, Inc.,, Manager
By: Charles F. Stuart, Jr., Senior Vice President .
'Commonwealth of Virginia,
City /County of i -ffV" TO. Wit:
The foregoing instrument was, acknowledged before me this. / 5r_h d 'ay of
20 tZ by
uAA
J Notary'Public J
My, Comn ission Expires . .P
r uti JENNIFER M MONTGONIERN' .
NOTARY PUBLIC 1
REGISTRATION # 701168`t `1
a �cOMMONWEALTH OF VIRCi�j1!R.1
M1' COMMISSION. EYPIPE
AUGUST 31 20.14
File : #3800WG /2012' Conditional Zoning,Amendment/EAW
Greenway "Engineering September 1,2005 Rev sed,N6vember4, 2005 '20
Revised, November 30,:2005, Revised'May' 18, -2006
Revised June,27, 2006;' Revised:Septernber26;,2006
Revised October 24 „2006; Revised November 18, 2006
Revised December .l 1, 26K,Revised January'4, 2007
Revised February 12, 2007; Revised October 14, 2008
Revised: 17;;2008; Revised January, 14,2069
Revised June 15, 2012 ,-,Revi'sed October 4, 2012
J.) ''Signatures
The conditions proffered above shall be binding upon the+ assigns' and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants. -this rezoning and accepts the
proffered conditions. set forth in this proffer statement; the foregoing proffered
conditions shall apply to the.Property rezoned in addition to other requirements set
forth in the Ordinance:
By: r- _
b'h=p Wit-
Greyston_e Propert ies' LLC Date
Commonwealth of Virginia;
city / of &) To Wit:
The foregoing instrument was acknowledged before me this day' of
20 1 a by1Qj
Not Public
My Conirriission Expires � = A '3o "qo 14
C! N pY .GRQ1/E,
NOTARY,. PUBLIC
Gcrr nbnWeA1tb of Virginia
j, Reg. #184054
File #3800WG72012 Conditional Zoning Amendment/EAW
RESOLUTION
'Action:
PLANNING COMMISSION:: September 5,,201'2. - Recommended Approval
.BOARD OF SUPERVISORS: November 14, 2012 E). APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE' ZONING DISTRICT MAP
REZONING #06 -.12 PROFFER REVISION OF WILLOW RUN
WHEREAS, Rezoning #06 -12 Proffer Revision of Willow Run, submitted by GreenwayEngineering,
to revise the proffers associated with Rezoning #21-06=relating to,the "Transportation Enhancements" and
"Commercial Land Use" isections of'the proffers; was considered. The proffer revision, originally dated
September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows:
Proffer;132 allowsradditionaltime for the;Countyto determine-whether to take advantage of land dedication
f6fah,aquatic center ;-and; Proffer'D5 allows up to seven additional years�for the applicant to construct an
interchange between Jubal Early,Drive and Route 37. The�properfies are located east ofRotite 37 and
Merriman's Lane (Route 621); north of Cedar Creek Grade,(Route 622), and south and west of the City of
Winchester. corporate, limits, in the Gainesboro Magisterial District; and are identified by Property
Identification Numbers 53- A- 90,:5:3 -A -91, 53A92, 53- A -92A, 53- A -92B; 53 =3 -A and 63 -A -2A.
WHEREAS, the Planning Commission considered this rezoning on September 5, 2012;and forwarded
a recommendation of `approval; and
WHEREAS, theB'oard of Supervisors considered.this rezoning;on September 26, 2012, tabled the
matter and considered the revised application on November 14, 20 T2; and
WHEREAS, the Frederick County Board of Supervisors.finds the approval of this rezoning to be in
the best interest of the public health, safety; welfare;. and in conformance with the: Comprehensive
Policy,Plan;
NOW, THEREFORE, )BE 'I - -� ORDAINED by the Frederick County Board of :Supervisors that
X Chapter 165' of the Frederick County Code, Zoning, is amended to revise. the proffers associated`with
Rezoning. #21. -06 relating to the "Transportation Enhancements" and "Commercial. Land Use" sections
of the proffers. � The proffer revision is intended to modify dates as ,follows. Proffer B2 allows
additional. time forthe County to determine whether to take advantage of land dedication for an aquatic
cerib rn and,;;Proffer.D5-allows up to, seven additional.years for the. applicant to construct an interchange
between..Jubal Early Drive and Route. 37, as described by the application and attached conditions
+ voluntarily proffered in writing by the applicant and the property owner.
I)Res. #32 =12
This; ordinance shall be in effect on-the date of adoption.
Passed this 14th day of November,,20,12.'bly the following recorded vote:. -
Richard C. -Shickle, Chairman Aye Gary A. Lofton Aye
Aye y Aye
Ross P. Spicer- A Bill M. Ewing
Gene E. Fisher Aye. Charles, S. Dellaven, Jr. Aye
Christopher E.' Collins Aye
A COPY ATTEST
W61-TIA
PDRe,s.,#32-12
Administrator
f
REZONING APPLICATION FORM,
FREDERICK COUNTY, VIRGINIA
To be�completed byPlannang Staff , � �
, f ,
k, x
r xr� r Fee Amount Paid; $ �OG7 s k
�1� 5gu�+a �r$1 ,,5+,✓,,.,
L_�!Wa*`S� t,k Q"�"(K 'k' n firr�^mumUer� fi ,� DateRecei;ea gDate�a� /"��� BO�SHeari gDate
.z Y
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 -4185
Address: 151 Windy Hill. Lane, Winchester.,, VA 22602;
2. Property Owner (if different than above):
Name: Greystone Properties,.LLG Telephone: 5'40 = 662=7215
Address: 13 South Loudoun Street Winchester, VA 22601
3. Contact person if other than above:
Name: Evan Wyatt Telephone:, 540- 662 -4185
4. Property Information":
a. Property Identification Number(s); ,53 -A -90; 53 -A -91; 53 -A -92; 537A792A; 53- A -92B; 53 -3 -A & 63 -A -2A
b. Total acreage, to be rezoned: 357.68± -acres
C.: Total. acreage, of the, parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned): N/A
d. Current zoning desi`gnation(s) and acreage(s) in each designation:
Residential Planned. Community (R4) District with Proffers 357.68± -acres
e. Proposed zoning designation(s) and acreage(s) in each designation:
Residential Planned Community (R4') District with Revised Proffers - 3'57.68± -acres
f. Magisterial.Dstrict(s) Gainesboro
12
5. Checklist: Check the followingitems that have been included with this application.
Location map ✓ Agency Comments W✓
-Plat _ Fees
Deed to property _ Impact Analysis Statement
Verification of taxes paid _ ✓ Proffer,Statement — F71
Plat depicting exact;nieets and bounds for the proposed- zoning district
Digital. copies (pdf's) 'of all ,submitted docuinents, ,maps and exhibits
6. The Code'of Virkinia 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:
Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove V LC; Miller and Smith at Willow Run LLC
7. Adjoining Property:
PARCEL ID NUMBER
Multiple Properties - North
Multiple Properties - South
Multiple Properties - South
Multiple Properties.- East
Multiple Properties > - Wesf
USE
Residential
Residential „ Commercial
& Agricultural;
Residential
Residential°& Golf Course
ZONING
PUD - LR
RP &RA
PUD - HR
RP &'RA
8. Location: The property is located at (give exact location based on, nearest road and distance from
nearesLintersection; using road names and route numbers):
East.of, Route 3Tand, Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622), South and`Westof
the City of Winchester Corporate Limits
13
9. The following information should be provided according to the type of rezoning
proposed:
Number ^of Units Proposed
Single Family homes: NSA Townhome: NSA Multi- Family: N/A
Non - Residential Lots: NA Mobile Home: N/A' Hotel Rooms: N/A
Square Footage of Proposed Uses
Office: N%A Service Station: N/A
,Retail: NSA Manufacturing: N/A
Restaurant: NIA Warehouse: N/A
Commercial: NSA, Other N/A
10. Signature:
I (we), the: undersigned,, do hereby respectfully make- application and petition the Frederick
County,'Board of Super..visors. 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 w hen this application is subinitted must be placed at
the front property line at least seven days prior tothe Planning Commission public hearing
and the Board of Supervisors`public hearing_ and maintained so as to be visible from the road
right =of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): Date:
Date:
Owner(s): Date:
Date:
14
lt]111111111F��.f " 00
CL
CD
M z _ te r. 0 z 0 M M M z E K r_ � M T�
Q a ami 3 . L Q m D o
a a m c
m
W
C (D Q C7 CD W U p L a A' C C
° m
Q 3 70 p L CD (D m sv `� o
rn r. a 3 rn T c. m m c r
p m cn m m N 77 a N w O p ON r- Q (D
�n Q' 0 o
c p cQ (D 3
w U) C) 3
rn c G,9
c :3.
c °s
rn � c, C / r
cD �
0 p ��ay 9. o"
Fn'
d'
O y
-4
m
N
N \)
m �
R
nNi v OCK HARBOR DR
m
Ogcy�'90
m
m '1-
m
n
C4 gYy'4{
Oq
HARVEST RIDGE DR
C�_Stonerid; Rd
a �o /
as /Q oa�P 00 00101V Cf ,o
< eadoh'
9a 4
a.-
edar Cir
Im
2 b
niel Ter Ro
r �Ma_ byn Tern,
Terr
O
O
O
C
O
O � I r pr,
(DD
(�D ydJJ_
1
O
O
O
N
O
O
O
/ -n St-1
(D
2 0
s
3 m`
v �
0
WILLOW RUN
LOCATION AND ZONING MAP
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
4TE: 2012 -09 -18 PROJECT ID: 380OWG DESIGNED BY: DWE
:ALE: 1 Inch = 1,000 Feet
� Ico �
n
y
c
7Co4 j%f�etrOr
r
S/
d�
Ord c,0
o•
4)
+w y C +y
o �
It, ado /`y' J0
C-7
a
a �
0--
��ti • �Q.
�'C
Q �
Brookdale Ct /
O
n
O
� I
N;
c�
ate Sapp
CD
Mop
a Q v
Johns ton Ct and ��1 ��asye\i
WILLOW RUN
LOCATION AND ZONING MAP
etd
l �AVeI
co
_ GREENWAY ENGINEER
151 Windy Hill Lane Winchester, Virginia 22602
Fou .d Telephone 540 -662 -4185 Fax 540- 722 -9528
1971 www.greenwayeng.com
• Engineers • Surveyors • Planners • Environmental Saar
Water & Wastewater Environmental Laboratory
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www:co.frederick.va.us '
Department of Planning & Development, County of Frederick, Virginia,
107 North;Kent Street, Suite 202 Winchester„ Virginia. 22601
Phone 540 - 665 -5651 Facsimile 540 -665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 - 665 - 6395-. '
Know A11; Men By These Presents' That I (We)
(Name) Willow�Grove.V LC (Phone) (540) 667 -1710
(Addr ss) 720 South Braddock Street, Winchester, VA 2260.1
the owners) of all those tracts ot parcels of land ( "Property ") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of. Frederick, Virginia, by
Deed Book No. 869 on Page 596,
Deed Book No. 871 on Page 32, and is described as
Parcel: 53 Lot:, 92 Block: A Section: Subdivision;
Parcel: 53 Lot: 3 .Block: A Section: Subdivision: -
do hereby make, constitute and appoint:
(Name) Greenway Engineering (Phone) (540) 662 -4185
(Address)151' Windy Hill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in=fact for and in my (our) name, place and stead with full power and
authority I (.we) would have if acting personally to filerplanning application for-my (our) above described
Property, including:
Rezonin (Includ proffers),,
❑ Conditional m Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
Site Plan,
Proffer Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered-conditions except,as follows:
"It This a _ orization shall:expire one•year from the day'it.is signed, or untii•it is'.oiherwi'se rescinded or
modified.
In witness tfiei` 'f, (we) have =;�Iour) hand and seal this' ,`dayA04 _1L_
Signature(s)
State of Virginia, ' /County of To -wit:
GntItAID , a Notary Public in and for the jurisdiction aforesaid, certify that -the
person(s) who signed to the foregoing instrument and who I (are) known to me, personally aigpearedkefore
as acknowft§ndfthCG=Wbefore.me in the jurisdiction aforesaid this � dayof -204_Z
° NOTARY PUBLIC
" -Vhvhla My Commission Expires:
N8 arftu lic . # 716310
v vim'" 62PUMW 30, 3012
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us,
Department ofPlanning & Development, County of Frederick, Virginia,
107 North Kent Street, Suite-202 Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540 - 665 =6395
Planning office, County of.Frederick, Virginia, 10.7 Kent Street, Winchester, Virginia 22601
Phone 540- 665 -5651 Facsimile 540 - 665 -6395
Know All Men. By These Presents: That I (We)
(Name), 740, LLC (Phone) (540) 667 -1710
(Address) PO Box 87, Winchester, VA 22604
the owner(s) ofall those,fracts or parcels.of land ( "Property") conveyed to me (us), by deed recorded in:the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Deed Book No. 918 on Page 1 139, and is described as
Parcel. 53 Lot: 90 Block: A Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Greenway Engineering (Phone) (540 ) 662- 4185,
(Address) 151 Windy Hill:Lane,Winchester, VA 22602
To act,as my true and lawful attorney- in- fact-for and in my (our).name, place,and,stead with full power and
authority I (we) would have if acting personally to file planning application for my (our) above described
Property, including:
Rezoning-(Including proffers)
Conditional Use Permits
Master Development Plan, (Preliminary and Final)
❑ Subdivision
❑ Site Plan
® Proffer Amendment
My attorney -in -fact shall have the-authority 'to offerprollered conditions and to make, amendments:10
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness °thereof, t (aiave. her set my, our) ban seal his`?`'Y of 20Oi
Signature(s)
/K G � F' T1E
Stat of Vir ' ia, City /Eetvnty of � , To--wit:
J6 .4-Y 7 Co1yQ *.o
a.Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
signed to, the foregoing instrument and who l (are) known to me,;personallyappeared before me and has
ack ledged the san%Wfcl jhe jurisdiction aforesaid this L day of 04 C , 204_7—
!
pa •..y WARY PU01YC My Commission Expires:
tI . # 7163104
`� GIOV:, M,
My CommisOn UpI
....:: " .
30, 2012
. l+1
Special Limited Power of Attorney
! County of Frederick, Virginia
Frederick Planning Web Site:-v;w�v.co.-frederick.va.us
Department of Planning & Development, County of Frederick, Virginia,-, .
107 North `Kent Street; Suite 202' Winchester; Virginia 22601'
Phone 540- 665 -5651 Facsimile 540- 665 -6395
Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601
Phone 540 =665 -5651 . Facsimile 540- 665 -6395
Know All Men By These Presents: That 1.(We) -
(Name) 750, LLC (Phone) (540) 667 -1710
(Address) 750 Merrimans Lane, Winchester, VA 2260.1
the owner(s) of all those tracts or parcels of land ( "Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court .ofthe County of Frederick, Virginia, by '
Deed. Book No. 918 on Page 1 AL and is described as
Parcel: 53 Lot` 92B Block: A,Section: Subdivision:
do hereby make, constitute and appoint:
(Name),Greenway Engineering (Phone) (540) 662-41'85
(Address) 151 Windy ill Lane, Winchester, VA 22602
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
.,authority 1.(we) would have if acting personallyyto. file planning application for my (our.) above described
Property, including:
"" ""'��► Sohn T: Conrad-
t. co Uf; ❑ Rezoning,(lncluding proffers) i OTARY PUBLIC
Conditional Use Permits Commonwealth of Virginia❑ Master Development Plan (Preliminary an R Reg. # 7163184
❑ Subdivision My'Commission Expires.
❑ Site Plan Septafter 30,2012
® Proffer Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make- amendments to
previously approved proffered conditions except,as follows:
This authorization shall expireL one year from the day, it is;,signed,, or until :it is otherwise rescinded or
modified.
In witness thereof, 1, (we.) have,hereto set my (our) hand and seal this kL;day of.�yN� , 200_
Signature(s)
State of Virginia, City/ of�/P<G/�e'%�F� To -wit:
&Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who
oing instrument and who 1 (are) known tome, personally appeared`before me and has
same bef e me in the jurisdiction aforesaid.this e21 day of 4V NF 2062.
My Comm i ss ion, Expires: 30/ A017—
N�
to the
Public
n
Special Limited Power- of Attorney
•County, of Frederick Virginia
Fredertck Plannin Web, Site: www.co.freden'ck.vd.us
g
Depart rent of:Planning & Development, County of Frederick, Virginia,
107 NorthKent,Street, Suite,202- Winchester, Virginia 226. Ol
Phone 540 - 665 =5651, Facsimile 540:665 =6395
Planning office, County- of,Fkederick, Virginia, 107 Kent Street, Winchester, Virginia22601
Phone 540- 665 =5651 Facsimile 540 - 665 -6395
Know All Men By These Presents: That I (We)
(Name) Miller and - Smith at Willow Run, LLC- ��� n (Phone) 0031IM 1-- 2500: ext.224
(Address) 8401 Greensboro Drive,. Suite 300; McLean VA 22102?
the owners) of all those tracts.or-parcels of land CProperty) conveyed to me (us), by deed recor
" ded m the
Clerk's "Office of the Circuit Courcof:the -County of Frederick, Virginia; by
Instrument,No. 040008797 on Page
instrument No. 040017302 on Page d is described as
Parcel: 53 Lot: 92A Block: A,;Section! _ Subdivision:;
Parcel`: ,53 L•ot: 94'Block:,A Section: __ Subdivision ,.
•do hereby make, constitute and appoint:
(Name) Greenway'En ing eering (Phone)04616624 1'95 ,
(Address) 151"Windy Hill Lane, Winchester, VA 22602
To act as my true andd,lawful attorney -in -fact for -and in my,(our) name, place and stead with full power and`' "
authority I (we) would'have, if acting•personal,ly to file planning•appl cat.0 for my (our) above described
Property, including; . "
❑ ;Rezoning,(lncluding proffers)`
[Q Conditional Use Permits
Master'Develo`ment;Plan (Preliminary and Final
❑ Subdivision
❑ Site Plan
Proffer Amendment -
My-attorney-in-fact shall have the authority to.offer proffered >conditions and to make amendments to
previously approved proffered „conditions,except:as follows;
This,authorization shall expire•one °year from the day, it is;signed, or °•until it is otherwise rescinded or,
rnodified. -
In witness thereof, I )shave her to set my (o r) hand and seal day of wYl-e ,200,
Signature(s)X
State of Virgitll , City/County of Raa'.vo ,'T,o -wit:
I,/ln0' Notary •ublic in -and for the jurisdiction,aforesad, certify thatthe person(s)`who
signed to the foregoing instrument and who I (are) known to ine, personally appeared before me and has `
acknowledged the, same, before =me in the jurisdiction aforesaid this day,of 200
+' ' , �/ ". .. y JE MONTGOMERY
Fw M Commissio Rasuc
NottTy Public Ll REGISTRATION ,# 701 1.6`82
o COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
AUGUST 3'1,_'2014
4
I
Special Limited' Power of Attorney .
County of Fi-ed;er,.l'Ck , Virginia'
- Frederick Planning• Web Site• www:co ,.frederick.va.us
Department `of Planning & Development; Countykof Frederick, Virginia,
107 North Kent, ir,' et,.�Suite 202 Winchester, Vii g nia 22601
Phone 5'40= 665 - 5.651 Facsimile.540= 665 -6395
Planning office;;CountyofFrederick, Virginia, 107'KentsStreet;'Winchester, Virginia 22601
Phone - 540 -665 =5651 Facsimile 540 - 665 =6395
Know All Men By These Presehts: Tliata (We)
(Name) Greystone. Properties, LLC . (Phone) (540)'662-7215
(Address) .13 °South' Loudoun Street; Winchester, 'VA 22601
e
the.owner(s),of`all those trh&s,'br parcels of land (" Pr opei •ty")�conveyed,,to,me :(us) -by deed recorded in the
Clerks ss•Office of the,Circuit C6Lfh�ofthe Countyof Frederick; Virginia, by
Instrument No;,63,6024693 ,o-Pa
Instrument No.0400'17913.on Page and is-described.as
Parcel.; 53 Lot 9.'11 Block A• Section: Subdivision;;
Parceh 63 Lot-''2A Block A1Section: Subdivision; _
do hereby make, constitute Arid `appoint..
(Name) Greenway En "`ing eerin- (Phone) (540) "662-4.1''85
(Address) 15,.I',Windy Hil6:Lane; Winchester. VA:22602
'To act asemy-true'and1awfuhatforney =in =fact for and in :my:(our)-name, place; rand'_siead.with:full,power;and
authority i'(we)'would have if acting�personallytofil 'e.planning�applicafion for my'(our) above described.
Property , including:
❑ .Rezoning�(Including proffers) .
❑ ;Conditional Use Permits
Master`136.06pment Plan' (P'
re
limigaryand ,Final),
❑ Subdrv.'isiotf
❑ :Site Plan.
M Proffer 'Amendment;
'My attorney- in- fact`,shall „have; tWauthorifyw off_ er,proffered conditions and�:to Inakeamendments °to
previouslyapproved,proffered conditions except as follows:,
This authorization shal_l,expire one, year from,the day it'is signed, or until ":it is,otherwise rescinded or
moth -feed:
we have; hereto h
In witness thereo ( ) o set,iny (our) hand °and seal this day of
S�gnature(s) _ e l L
wa�2� ��i �YOti5 C
State of V,irglma,,City10 gtyof To -wit :c
I; a.Notary. Public in and for'the jurisdiction, - foresail, certify that'the person(s) wbo
g e foreg-ding. instrument and' who 1(are) known to me, personally appeared. before me And -has
si ned•io t
g r me,before-,me in the, jurisdiction' aforesaid this i tiay ofu „ 201ia
acknowled ed "_the sa _
My Commission Expires:
Notary. 'P.ubli_c _
DY GROVE.
NOTARY PUBLIC
`Commonwealth:of Virdinla
- tieg.,
FINAL ",PLAT FOR BOUNDARY LINE;AQJUSTMENT
O
F THE LAND OF
MILLER-;AND SMIT H AT r.INILLOWs RUN, L.L,C.
57�4WlVFE AN6/S7ERNL LEI ICT 'fREDE�4IEK (:OKJNTI; :wR�G/NLA
.
JUNE
NCIHES'1� _
FREDERICK CpN,y�, VICINITY W
1. . ,200Q'
SITE-
_ ,.
c W/NCHESTfR _ J. KENNETH! ROBINSON PARKWAY _
WESTERN R`R. i:. ,
-low °
!Oii1VER'S CERTIFICATE', ..
JHE ABIOYE MID FaWG W tBOUNQ�RY. L%NE 1Ql!lSIAIENNT OF :THE ,LANG °OF ANl1ER M+D' SANTN; AT
WKLOW 'RW LL' C AS`,AHPFARS, . 1NlS 'PUT,: IS' WITH THE fREi~ 60AWff_ -MID IN; ACCORaVXE wN,
THE'DMRES QF'1HE:UIHD NEl1 OWNER$ PRIOi?R/EI�RS WO , J ;ANY
AI 121E04 sm AT `WILLOW RUN,, LLa
Bl: • MILLER °,MID SA!/IH, IAC , AlAANCE)R
BY CHARdES f S=Wko T, JR SIDENT
SENA7R
COYUA&MFALDOTATE OF 2,I1t 6rluiA
CITY /COUNTY QF
THE FOREGbMIC WW WW. WAS ACKNOWLEDK;ED BEFORE M THIS - 2Dt" DAY OF
By
sEN1l?R ,WCE,.PRESIDENT OF MILLER. AND SAl/NH, "INC.' '
� ARY.PI%BU_ C
An cauA�LSSinw EarPrlaES �' .3l
f
Who
PARENT' TAX PARCE IDfIV7)Fl ennu.
(1) AHLIER. AND, adwA,r;W/LLOW RUN Lid T.AI.' 53, A =921; 1- 5792';ACRES ZONE R4 USE,.i4GRl'
(u) MILLER AND `SXHIH AT WTLLOW` L G TAl 53-A-9,47 5'756 ACRES ZONE- 'USE-,;RESe
SVRVEYVR;S CERTIFICATE
I.HOURY CERIIfY WHIT THE lIIND CONTA/hE0 IN INNS BWNDARr'LNYE AOJI/STALFIVT dS A POIPIlOIV'
i AF 1NE;UND GOIVVEYE77 JO'kILLER�.UYD SAf/1J'I AT,WILLOW RUAI, °L`L.C."(I) BY'DEEDS LW1ED ANY 11. ?004=
AF
6EC07tD /N,1HE f/�EDER/L'K COUIIj%y CtlFCl/IT COLH7T CLF]PK'S, OFf}CE /N,. lIVSIRUiiIpyT N0 Wp008797
' AN0.04OOi01B79B AND �� BY' L#EEt7 dd17ED'. A00057 27, 200,4 OIF REOOiRD ,lH SNO CYERK^S 'OfF7CE 'lN °
IAI$IRU1fEMT INO. '040bt JO2.:
' e
APPROVWBS
0'
l;QR
ADMINI 7OR l
U47E low
c. GREEN w. G N c , 04' ,
Erigureers iYuiehester Yug1w,0602 SURv
Swveynrs Telephone:
(5140)662-4185
FAX (5,40) 722 -9528
Foundediin1971 �. R__3800WG�.SHEt7 �1 Of 1
wwwgrernwayeng.com
BND 07 = -'18
,f ,y ¢7 M MI /Al' ' -OD SMQN AT WILLOW;'RUN, LLC
+.. •1
144 755 ACRES EAST SSIDE Of MERRiA4W'S CANE ,
4 4.97. ACRES WEST .SIDE OF MERRIA(AW;19 L1, Ae
EXASTNIRG,20' 344 lRF ".fi.(50) !149252. ACRES TOTAL
DB 243 'PIG' 3N 4: INST '1'040608797
`far.
INST 1040008798
365 PG 295
1r4G�'�' iRf
F
o . Ez DIivF+wlr Ear" nRlv_EwAr sp
5D' _
S ,
F�LSEAIENT
CREATED. !a,
l,EGE�IQ
TAI 5J=341 f S N4/L:, SET ;IN;
.
WILLOW GROVE LC r� S WI?OD .POST `
DB 871 AG
a... DRAtNRELD f REBAR FOUND.
fAr,ST fD30W4602 Y
/2V; IRON, RakR
CRfAtEU :. UNLESS
�S£ 'NOTED
1�� RE1?QRT fURNNISNED. _
el� ' 60 , T.Af. 53 3�1
EASEMEws Amy EXIST WHICh';ARE � 3
NOT SHOl1'N 3t 2S_
Y ° . _ WILLOW GROVE L C
O9 87I PG 3?
INS! `O7ppO46p2
2
7HE BOUNDAR!' lNFORA(AWN -
SHOW `HEREONY S BASED.OIN A_ , $
CURREJYI FIELD SURVEY BY THIS' fAw g EX/SI1NC `' S�
SK ,(* DENOTES PROPE)P1Y , DWELLING ^, c� T/4 ® ✓ll3TED`
J. ASIERI • , �S
LINE HEREBY ESTABLISHED, 5' .? A 94
' . ' •� � Al/LLER AND SM/TN
,^ ,_;! A N. 1-296
RUN, ILL C.
ii7tAYDL • '-�= �"'�� ? 296 .ACRES -
,lN
#vw POST,, o N/S (100,017 S0 FT j,
A( AN. �' _ INST. j0400173DZ
150 0 75 . 150`:fiS
G)UPHIC, SG4LE, T 53 -3 =95
(IN 'FEET) F OWES `C. GORO JR.
°;A18BYE;;O. G10RDOAr -
DR •P.0 298, IRF a: /RpN REBM FOUND
UNE BF4RING DISTANCE --
L f N 30'30'38° E 250'00REE� .`TABULATION
L2 `: N' 86'04.13 °;E . 151.21•' �5� 924 S f4T92,AGRES
ARE4 FROM CRES
° 60.00' ,_ . _ -94. _ f'460,Ay_ u
L3 • ' N 56'4038. ° E .;
L4 S ;04'1518. E AA/IA7ED ;b11 33 A -921 = x149.252 ACRES'
_6000'' - •
15 , ; S 36'0 •57` E .: 48,'84
,L6 S 15''13'37 E 209..15' ;1111 53 -A -94 a: 575 - ,ACRES
L'7 _S 06'56.25°. W' AR A'M hWZJ —A -92 =; - 3.460;AaW3
T52 9,4 ALUUSIED B/ W -A =94' =
L8u S ,29'38-'29. -W . .'Q 97 2.296' ACRES
CURIE TA F
I;UMT MO /US I DELTA , ARC XANGENT BEARING CHORD
C1' 3500 " = 60'5556• 58.49•' , 32.35' S 63'4720.° E '55.77
f1AG4L PLAT ,FOR BOUtVDARY.UNE AMOA48W
D' OF
MILLER AND SMITH ATW/LLOiN JgdlN L.L:G.
sHawniEF �racrsr�Rac. n�rRlcr.
_ . 'fl?M RICK' COUNTY VIRG/NW G.. BLY
SG4CE w1' 4ATE JUNE',16; 2007• _ .. _
- .. � ..: N. 2619
GREENWAY ENGINEERING, INC.
E l51 Wv*HjUUne:
3u Ois Winchester; uginfo ,22602, SggV,
Telephone. (540) 66274185.
Founded in 1971 FA. -, ff i 0) 722 -9528' : ;3800WG SHEET '2 OF_2
wwI.8reen►+'aYeng•com
8NDA07 -'18
=.
A� VED 0'Y
SUBDIVISION ADMINISTRA70R ?�' /� ? ^� •�
DATE
EIIPV,E TABLE
CUR -VE
,DELTA ANGLE=
RADIUS:
ARC'-LENGTH.'
TANGENT
CHORD LENGTH
CHORD BEARING:__
"Ct '
10722'33"
50.00'
93_:7,8 ",
68.14'
86.62'
N' 1326'54" E
C2
: 447`2'49."
;62.4.09''
481,58'
253:49•'"
489:,72'
C3
1:4;08,'25"
477.47"
1-1:7.84'' .
59:22'
117.54_ .
N 43'01; "54-" E
C4 _
;QZ76'20_" _ '
'47.7.4.-7.'
- 260:60 '
30.34
60, 56
N 53 4417) -' E
C5,
76 0 '27'
12 1'3:23' 1
96..9 °7.' . _
49.34'
96..14'
S. 21 '02}50" W _ _.
-_;TABLE`
SUR'VEYDR °S CER''T/F /CA TE
I HEREBY CER;7IFY THAT THE LAND CONTAINED IN THIS ,60UNDARY 'LINE A'DJUS,7MENT .15. A
PORTION OF THE LAND CONVEYED TO WILLOW -'ROVE',L C, (TM= 53 —A -92] 6Y'DEED• DATED 20
SEPTEM8ER; 1996; AS `RECORDED 'IN DEED BOOK 869 PAGE '596 IN. THE OFFICE OF THE ,CIRCUIT
COURT OF THE COUNTY OF -F>REDER1CK,u VIRGINIA- AND ALL OF THE L ND CONVE D TO MILLER'
AND SMITH'AT WILLOW RUN, L,L.C.(TM -53 A -92A] BY DEED 'DATED1ii /� ��� 2004, AS
PPUT . OF RECORDED /N INSTRUMENT' NUMBER SJ D'Do 992 IN •THE OFFIC OF THE CLERK bF THE
RROPERAES RS RA: THE, CO „LINTY OF FREDERICK, VIRGINIA THE' .CURRENT "20NWG FOR THE5E
BOUNDARY 'LINE AIl✓US,TMENT
BEZWEEN THE LaNOS OF TH OF'
W /LLaW �GRDVLE G.'C: Lr�,
TAX MAP 5J A 9? G'r
AND.
MILLER` :AND Sit%! /lH A'T WILLOW RUN, L.L.C. s
QATE 041271 04' I 5G4LE” N%A I SH£E7 1 OF 8' yA sUBy
'Marsh. &j L-egge.Land Surveyors, P.L.C.
.o
560, NORTH LOUDOUN; STREET - .WNCHESTER, VIRGINIA 22601 DRAWN 6Y 0JF
PHONE (540) 6¢7 ;0468• -w FAX ^(540) '667 -0469 :. DAAIL. offi eCmgshandlegge.com DWG ;NAME ; 54,64= BL4'dwg
L6
X..11;58'27" 'E
- 73:79'
L7''
W54 02'19"° W'
20.00''
-L'B_
N-57`22,77`1 'E
;f 05' 00'
19
S 68,26113" 'E
169:25'
40
N .34:0.4'34. "_E;_
97.74'
Ul
N 08.'07'06" E
65 7F1' `
SUR'VEYDR °S CER''T/F /CA TE
I HEREBY CER;7IFY THAT THE LAND CONTAINED IN THIS ,60UNDARY 'LINE A'DJUS,7MENT .15. A
PORTION OF THE LAND CONVEYED TO WILLOW -'ROVE',L C, (TM= 53 —A -92] 6Y'DEED• DATED 20
SEPTEM8ER; 1996; AS `RECORDED 'IN DEED BOOK 869 PAGE '596 IN. THE OFFICE OF THE ,CIRCUIT
COURT OF THE COUNTY OF -F>REDER1CK,u VIRGINIA- AND ALL OF THE L ND CONVE D TO MILLER'
AND SMITH'AT WILLOW RUN, L,L.C.(TM -53 A -92A] BY DEED 'DATED1ii /� ��� 2004, AS
PPUT . OF RECORDED /N INSTRUMENT' NUMBER SJ D'Do 992 IN •THE OFFIC OF THE CLERK bF THE
RROPERAES RS RA: THE, CO „LINTY OF FREDERICK, VIRGINIA THE' .CURRENT "20NWG FOR THE5E
BOUNDARY 'LINE AIl✓US,TMENT
BEZWEEN THE LaNOS OF TH OF'
W /LLaW �GRDVLE G.'C: Lr�,
TAX MAP 5J A 9? G'r
AND.
MILLER` :AND Sit%! /lH A'T WILLOW RUN, L.L.C. s
QATE 041271 04' I 5G4LE” N%A I SH£E7 1 OF 8' yA sUBy
'Marsh. &j L-egge.Land Surveyors, P.L.C.
.o
560, NORTH LOUDOUN; STREET - .WNCHESTER, VIRGINIA 22601 DRAWN 6Y 0JF
PHONE (540) 6¢7 ;0468• -w FAX ^(540) '667 -0469 :. DAAIL. offi eCmgshandlegge.com DWG ;NAME ; 54,64= BL4'dwg
06'17 2004. 11:5Bam From- HARR150N:8 JOHNSTON ` 5406671312
D1WNER S CER.TlFICA T
E.
E.ABOVE'AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF '_WILLOW "GROVE'
AS' APPEARS IN THE ACCOMPANYING PLAT IS WITH THE FREE CONSENT AND, IN
ACCORDANCE WITH THE -DESIRES OF THE UNDERSIGNED
OWNERS., PROPRIETORS, AND TRUS7FES,; IF
OLV BEH' , . _
ALF OF W /LLD,W'GROaiE L:C
IOTA. R PUBLIC
CITY 1C4PUN7Y OF x 1
THE FOREGO /NG :INSTRUMEN.T WAS _ACIC/VOWCEGED BEFORE ,ti1E ON J ./ %`�" ` BY
(DA T €)'
ON BEHALF OF WILLOW GROVE ,L..C,•
COMA%1 /SSIDN' EXPIRES "�' ' Lk'
(tVOTARY RUBL' %E)`
O!%IWNER''S CER TIRCA TE
THE ABOVE :AND FQREGOING 8OUNDARY LINE ADJUSTMENT OF. "'THE LANDS OF .MILLER AND ;SMI;TH
A,T _WILLOW RUN, 'L.L C, (TNI 53 —A 92A], ,AS APPEARS IN THE ACCOMPANYING 'PLAT;.IS. WITH THE
FREE CONSENT'A`ND IN ACCORDANCE WI,TN, THE''DESIRES 'OF THE UNDERSIGNED OWNERS,
PROPRIETORS, AND 'TRP1 LEE ANY.,
ON °BEtiAL'F
OF LLER :'.v SM /TH A`F WLLOW RUN, L,L,C
.IVOTARY.PUBLIC
sTATE OF
CITY / OF � - i �' • in ITI
THE FOREGOING .INSTRUMENT ' :WAS A, CXNOWL''EGED - BEFORE i 4E ;ON
��;_. e Y
(DATE)
_ua�,le5 F S_kt ��.'k'• .ON' BEHALF OF A4XLER' AND 5M/TH ,AT WILLOW RUN, L.L. -C .
J' `iju . h4:Y 'COMMISSION'
pTARY PUB /C)
NOTES:
1. NO i7;TLE `REPORT FiJRNISHED THEREFORE, THERE MA'aY BE ENCUMBRANCES. AFFEC77NG
— - _ __ .
THE. PROPERTY 6,Y THIS 'SUR_ VEY AND PLA,�T THAT ARE NOT SHOWN HEREIN.
2, BOUNDARY INFORMATI pN ;SHD,WN HEREIN dS BASED ON AN ACTUAL .FIELD SURVEY
COMPLETED JULY -2003:•
BOUNDARY LIVE AO✓USTMEA T
W77WEEN THE LANDS' OF p+1'T G
{NILE DW GRD I%E , L. C. f�
TAX AW' .?.i 4-92 , � �✓�
MTLLER AND ,SMITH AT W/LLD.,VV RUN, L. L. C. " 9
o �g a e
TAX, MAP 53.A -92A: Nb; 0011 "97
SHAWNEE '� /STR /< T
DATE 0,9'/77 %4 SCAL£ N %A, SHEET 2 OF 8
Marh . Legg;e Land Surveyors, P,.L.C..
660 NORTH LOUDOUN ;STREET -• WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -046A, FA %;(540) 667 -0469; , -� EMAIL cffic& t drshV dIiQp.com
DRAWN BY:i. DJF
DING! NAME: 5464- $LA:dw�
SH.EE T 4 OF 8 SHEET 6 OF 8!
KEYIVAP
„ I _ 0' 400, ( 800'
GRAPHIC SCALE. -7" =400?
l BOUNDA!,?Y LINE ,4WUSTUENF
BETWEEN, 7NE LAN0 OF em
'WILLOW ,GROVE L.,C:
TAX U� ,-'d 42
UILLER . AND SM /lH .A:T tN /LLD'VV RUN, L.L. C
TAX MAP 53 A' -924 of �
.. _ SHAWNEE'.D157RlCT t
FREDERICK CDUNIY_ '� /R6 /NLi:
QAT£ 04/27/04 SHEET,• 2A OF 8 �Ak,
Marsh & Legge Land surveyorsP.L.C.
560;,N0RTH LOIJDOUN ::STREET ,h 'tMNCHE5TER, VIRGINIA 226p1
DRAWN `8
cp
CP \ �.
0
0
J AX, (540) 1567= 0469 ,.c. EALAII :office�tnarshondlegge.com' DWG ;NAME;'.5464:- BLA.dwg.
PHONE; (540 667 0468' `F
05 =1T Y004 11 58am from= HARRI'SON 8'''JOHNSTON.' 4 . 540667131 T, ` . T 882 p•011L018 F-337,
0 2'00' 40,0
M VI SION,;�
_ ERRIMANS CHASE SUBDi
OPEN SPACE.
R;4RH1C SEA 9007014;
IN # 03
SCALE 1, "=200` ZONED; RP 48263 t�
USE. RES►QENTIAL(OPEN SPA�E�6.502 2 ". E
,L
5�3- A -92A%'
46497, ,ACRES,
(.WEST SIDE 0 cA `1� ' o�
�1¢�`�PP1 RTE�621)I
J��
�4 Sod ,S 54'1 E'S2 °
\��P
VA. SEC: ROUTE'
MERRIMAN S LANE L5 CMa
(VARIABLE WIDTM.RfW)u``CMF
N js OB 431 PG ,203 I
. 'CMF . (�+ ' SOS• . , /°
�. F CM L2 �3
ot
CL Q
�.�o, o -� ;I. a
I,° j
53 A -92A I ,,
i I 1.444 ACRES OBIG. AREA
nl I ± 139.901 ACRES (EAST SIDE W t.; 62;1.)'
�I '� +... 4:497 ACRES '(WEST_ SIDE RTE. 62j)..
145.F42 ACRES TOTAL ADJUSTED1 AREA I
I � I
IRF
z,
LEGEND
CMF CONCRETE MONUMENT ' FOUND I
(_
rn$
---33:-A-9 4 t++t'" :V R /�: IRf =1RpN, ROD FOUND,
MELCO 1NC; ti o '4C
DB 565 PG 783 SEE SHEET 1 OF 8- Fr7R`
Im,
29NEO., RA' Imo: r
r- LINE A'NDa CURVE DA,,TA i.
USE•,,RESIOEN 7AL
- .>v1A'T6HLINF SEE :SIlFC1 ,? F S r
- OUNUARX LINE'ADJUSTiffENT
BE7IVEEN THE LANDS Of H OF `
r
WILLOW GROVE L. C.
TAX MiiP,S,i ,A -97
MILLER AND Stif /TH A T WICL.O.INRU%V, L:;L. C..
TAX MAP L ge
D/STR /GT
FREDMCk CDUNTY I%lRG /N1A.
pfITE. 0'4/27/04: SCALE ;l 200' 'SHEET• 3 OF 8' iyNO s Rv'��6
6
U
Mars h`'& Legge Lan'd.Surive
' 560, NORTH 'LOUDOUN, STREET r WINCHESTER;; VIRGINIA. 22601 DRAWN BY;;,
PHONE- (540) ;667 =04&8' _FAX'(540)i667- 0469 .r , EMAIL- ;o(fiteomorgligndleggacom O,WG ,NAME: 5464- &A.divg
05 -1T -2004 11 .s tam Fiom4ARRISON UJOHNSTON ¢406671312 T492 P•.013/08 F -337
�, Nf ?p
-
'
DB 565 PG 783
ZONED:RA w
USE: RESIUEN l.AL, I.
I 200
N = I DENOTES EklS71NG, .
GRO! t„G. PROPERTY' LINE
WILLOW is HEREBY VACATED
53 3 =:A `!
OB 871 pd, 32 I (TYPICAL)
- :ZpNEO. RA I.
USE:
GRICULTURAL•
A S 40'3? '36 W
RL
O i `
�P \7
53
r" 1..4441*CRES ORIG AREA
-1 1,39,:901 KACRES (EAST SIDE 'RTE 821;)
63 =A r ,+ 4.�497 %ORES (WEST SIDE RTE t2lj)
- JOVA PROPERTIES; LL-C 145`842 ACRES TOTAL" ADJUSTED AREA `
MT 040000377'
ZONED-!, RA
USE: AGRICULTURAL I
J
t LEGEND-
CM .F,. CONCRETE' MONUMENT FOUND' "
IRE -IRON' ROD ..FOUND,. --
SEE SHEET 1: OF 8 FOR I r
r 'LINE AND CL'IRVE• DATA
4O
0'-
N
- GREYS +TONE_ . PROPER;I7ES,• 'LLC
`GRAPHIC''. SCALE. 1 �.-20Q.' NSTR•' 030024683'
ZONED; RA
USE: AGRICULTURAL
BOUNt�ARY LINE AOJUSTTMENT
BETWEEN THE LANDS OF
TH `0�+
WILLDW 16R6VE L.V. yob yrp
SAX Ak#� i53 ..-A
MILLER' ,A.ND.' SMITH AT WILLOW RUN. L.L..0 � 9s
TAX •Af.4P.,
53-A, ,92A, las e x;
"Sl/AWNEE DISTRICT' _ o, "001197
FR£OERICK GOUNJY /RGINL4
,..
K 10
LZ9T£ 04 %7/04, SCALE i" 200
Nfarsh- Le a Land' Surveyors, P.L C. `'' •eo• ®N°
560 NORTH L0060 STREET. ,WINCHESTER, VIRGINIA `22601 DRAWN BY: Ald&
PHONE (5a } 667 -0468; FAX; (540) 667 -0469; :.-. EMAIL -`of fice®tnarshanEleggecom- DWG, NAME: 5464= 8[sl,dwg,
68 am bw a `j&Mok, 6406671312,;
f,�br 4RR 1�
7s ROUT' -6,2,1 CD
iORIA4
AN-S LANE"
N, 5
CRIAT '4 Srkpy r
750 LLC
A-92B
D a 9,78 PC 1147
ZONED:
7 R Ln A
U USE RESIANTIXI- I ':'
o
AN? d
N.
J-
CO
p ti I ,o I j ,� \RF:
I �PG, 20
z
Raw
�92K
IGll AREA
4V;
LEGEND:
CYF—CONCRETE MONUMENT FOUND
IRE IRON; ROD FOUND
SEE- SHEET ;1' ,OF 8 FOR
LINE 'ANO CURVE DATA
ti }i9 "TLHLINf SEE SHEET 6, OF 8
HOUND01 FY LIM AD✓M TMEAT
�w
1�ft w
'o
GROVE L. C,
"TAX Ad4P 53 . -A,-zP2'
�AA40.-
. ,WILLOW RUN,. L. L. C.
MILLER' AND' SMITH A
T
I 1 SMITH I ii -q
OF 8
0
MOO & Le g d
—0, iaLAn S _ Urveypr,4,-,P.LC.
�LOLIDPUN STREET 'WINPHESTER,, VIRGINIA 22601 DRAWN BY:, a P
PHONE (540) .667 0469` 64 —81A dwo
HONE 667�04 , 68 4619'� 'EMAIL lafficeamorshandleggeicorn 6 NAME; 54
53 nA -92A: °
1.444 ACRES 'ORIG'' AREA
t 139.901 ACRES °(EAST` SIDE` RTE. 621),
4:497 ACRES (WEST SIDE, RTE -. 421),
'1'45,.-542. ACRES TOTAL_ AQ,IUSTED EAR_'
1 EL GE1VD:. _
CMF- CONCRETE MONUMENT FOUND
IRF =IRON R00 ,FOUND
SEE SHEET 1 OF 8, FOR
LINE AND CURxVE OA TA,
rt_ ,0,
I
0' _ •2Q0' 40
IJ 1a0I
GRAPH/C; SCALE: 1' =20q' 3.
53 -A =91_
_ I
GREYSO�E,.PROPER,TIES_, iLC
03o02a683
ZONED; RA.
.. USE.* AGRICULTURAL
BOU BD�REN Jt�E [ANUS oFMENr -
`INlLL01N
AND
MIL :LER AND . SMlTH AT WILLOW' RUN, G.L.G.. t p
TAX MAP 53 A= ;92A 0
as
SHAWNEE D/STRIGT'_ o. `001'1•;
DA 04/27/, 04 SCA. LD. '1 =200'
T£ SHEET 6 OF 8
- a-- rsh:' &, Leggd and Survey�rso; P.L.C.
56:0; NORTH LOUbbUN STREET « `WINCHESTER; VIRGINIA: 22601
PHONE (540)', 667= 0468 f,A% (540) 667 -0469. 'EMAIL o(ficebm' rehondlegge.com
iO,WG NAME 5464'= 94-A.`dw9.
III
'
'
`
'
740 LIC
SE.-, AGRICULTURAL
\0, n,
01�APHIC SC. LE
WILl OW
9, NORTH LOUDO. INIA 22601
�
53- ,A_ -91
GREYS TONE PROPERVES,, LLC
INSTR. I 030024683
ZONE& RA
USE: AGRICULTURAL
A
��
C' COQ:
�1
0
740 LLC
53 -A -90
D8 918 PG 1139
ZONED. RA
USE: AGRICULTURAL
LEGEND
CMF.- CONCRETE MONUMENT FOUND
IRF -IRON ROD FOUND
SEE SHEET 1 OF 8 FOR
LINE AND .CURVE -DATA
0' 200' 400'
GRAPHIC SCALE: 1`" --200'
,BOUNDARY, L /NE A. D,IUSTMENT
BETWEEN .THE LANDS- OF
WILLOW' GRDI/E L. C,
.TAX AMP 5J-A-9?
ANO
MILLER AND SMITH AT WILLOW RUN, L.L. C
TAX MAP 53 -A -92A
y�DA, TE.; 04/27/.04 SCALE.' 1 "=200' I SHEET.• 8 OF 8
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540),667-0466 - FAX (540) 667 -0469 n EMAIL, office6momhandlegge.com
f�o �
2
9
o. 0 Il
fo
DRAWN BY: alF
DWG NAME: 5464- BLA:dwg
w :� 9Z
m� N W
to
N
L.
f 1
�
I
11
T�
1
1
I�
`
1
I
I
of
01
I
I
w
53- A -.92A ml
.444 ACRES
ORIG. AREA
m
+ 139.901 ACRES
(EAST SIDE RTE. ,61)
c
+
497 ACRES
(WEST -SIDE SIDE RTE..6 T
4
.842 ACRES
TOTAL ADJ -AR
`
c
�l
r
53- ,A_ -91
GREYS TONE PROPERVES,, LLC
INSTR. I 030024683
ZONE& RA
USE: AGRICULTURAL
A
��
C' COQ:
�1
0
740 LLC
53 -A -90
D8 918 PG 1139
ZONED. RA
USE: AGRICULTURAL
LEGEND
CMF.- CONCRETE MONUMENT FOUND
IRF -IRON ROD FOUND
SEE SHEET 1 OF 8 FOR
LINE AND .CURVE -DATA
0' 200' 400'
GRAPHIC SCALE: 1`" --200'
,BOUNDARY, L /NE A. D,IUSTMENT
BETWEEN .THE LANDS- OF
WILLOW' GRDI/E L. C,
.TAX AMP 5J-A-9?
ANO
MILLER AND SMITH AT WILLOW RUN, L.L. C
TAX MAP 53 -A -92A
y�DA, TE.; 04/27/.04 SCALE.' 1 "=200' I SHEET.• 8 OF 8
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540),667-0466 - FAX (540) 667 -0469 n EMAIL, office6momhandlegge.com
f�o �
2
9
o. 0 Il
fo
DRAWN BY: alF
DWG NAME: 5464- BLA:dwg
of FREDERICK
(Department :of Planning and IDeveloprraent
540/665-5651
FAX: 540/665' -6395-
November 19; 201.2
Mr.. Evan ,Wyatt
Greenway Engineering
.1,51 Windy °Hill Lane .
Winchester, VA 22602'
RE REZ0NING; #06-12, WILPOW"RtA
PINS: 53- A -90', 53 -A -91, 537A -927 53- A -92A, 53 -A -9213, '53 -3 -A and 63 -A -2A
Dear Evan:
This letter serves to confirm. action_ taken by the Frederick County Board of Supervisors at their
g T, e, above =referenced application was approved to revise proffers
meeting of November 14, 201'2'.
associated with'Rezon ng #21 -06. This revision relates to the "Transportation Enhancements" and
"Commercial Land Use" sections of °the,proffers; The properties are located east of Route 37 and
Merr man's Lane (Route 621)`, north of Cedar Cre'ek'Grade (Route, 622), south and west ofthe City
of Winchester corporate,'limits in the Gainesboro .Magisterial District.
The, proffer statement, originally -dated September 1, 2005; with final revision date of .October 4,
2012, that was approved as a part of this, rezoning application is unique to the above referenced
properties, and is binding .regardless of ownership. Enclosed is a copy of the adopted proffer
statement °;for'your records. Pursuant to §165.102.06E, the ,County Attorney will present the
written proffer to the Frederick County Clerk of Circuit Court for recordation.
Please do not hesitate to, contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely_
J
or'
-'` J hn A Bishop,, AlC-
Deputy Director I Transportation
JAB%bad
Attachment
cc: Ross P. Spicer, Gainesboro District "Supervisor
Charles Triplett and.ICevin Kenney;, Gainesboro Planr mgr Commissioners
:Jane Anderson, Real Estate
.Commissioner of Revenue .
Rod Williams, County Attorney, w /original Proffers and Resolution
Graystoiae Properties; LLC', 13 S. Loudoun St., Winchester,. VA 22601
107 North Tent Street; 'Suite 202 Winchester; Virginia 22601 -5000
+�Y�
lar
REZONING APPLICATION #06 -12
WILLOW RUN
Staff Report for the Board of ;Supervisors
Prepared: September 17, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director- Transportation
Reviewed Action
Planning Commission: 09/05/12 Recommended approval
Board of Supervisors: 09/26/12 Pending
PROPOSAL: To revise proffers associated with Rezoning #21 -06. This revision relates to the:
"Transportation Enhancements" and "Commercial Land Use" sections of the proffers.
LOCATION: The properties are located east of Route 37 and Merriman's Lane (Route 62i), north of
Cedar Creek Grade (Route 622), south and west of the City of Winchester corporate limits.
EXECUTIVE SUMMARY &. STAFF CONCLUSION FOR THE 09/26/12 BOARD OF
SUPERVISORS MEETING:
The Planning Commission voted unanimously to -recommend approval of the revised proffer.
The Willow Run development is a 3.57,68 acre R4 mixed use development with proffers that was
rezoned in 2006 to allow for a mix of-commercial and residential development. This is a minor proffer, .'
revision to modify dates in proffers B2 and D5 which impact the dates of certain transportation
improvements and the dates related to the proffered land for an aquatic center..
Proffer B2 dedicates land for use by Frederick County as an aquatic center. Previously; the County had
from 2009 to 2014 to determine whether to take advantage of that land dedication. The new proffer B2
gives the County from 2012 to 20 -15 to determine whether to take advantage of that proffer. The net'
result is an additional year for the County to make their determination. However, since the property in _
question has a right -of -way for-existing Merrimans Lane on it, the property could not be transferred -
until the proffer realignment of Merrimans Land has taken place.
Proffer D5 commits the applicant to the construction of.the interchange between.Jubal Early Drive and
Route 3`7. Previously the applicant was to begin that construction in 20`12 and complete it by 20.15.
The new proffer D5 states that the applicant will begin construction by 2017 and complete it by 2022.
The netresult is up to seven additional years for the applicant to construct the interchange.
Transportation staff is satisfied that the modif cations to proffer'D5 are acceptable; however, Parks and
Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of
consideration for the aquatic center as was done in the previously approved proffers. This would
,require the applicant to add two years to the current draft.
Following the required, public meeting, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning:- #06 -1'2,— Willow Run
September 1`7;;201.2 _
Page 2 =
This report is prepared by the Frederick "County Planning Staff to provide in formation to the
Planning Commission and the;Board':of Supervisors:.to assist them in making a decision on, this
application If may also be useful, to others interested in this zoning matter. Unresolved issues,
concerning this application' are noted by staff where relevant throughout this staff report:
Reviewed —Action,
Planning,Comniission: 09/0512 " " Pending
Board'of Supervisors: Q9/26/42 Pending
PROPOSAL: To revise proffers associated with Rezoning Wl 6 -05. This revision .relates .jo the
" Transportation Enhancements" and ``Commercial Land Use" sections of the proffers:
LOCATION: The properties are, located east, of Route: 37 and Merriman" s, Lane (Route 621), north of
CedarCreck'Grade (Route 622),; south and west of "the City of Winchester ,corporate Jimitsr.. -
MAGISTERIAL DISTRICT. Gainesboro
PROPERTY.ID NUMBERS 53 -A -90; 53 -A -91, 53= A -92,, 53,= A -92A, 53 -A -921 , 53 -,3 A and 63 -A-
PROPERTY ZONING:: R4 (Residential Planned Communify) District'
PRESENT USE :, 'R'esidential Agricultural
ADJOINING PROPERTY ZONING & 'PRESENT USE :,
North: RP (Residential Performance) Use- Residential
City of 'Winchester Residential & open space
South: RA (Rural' Areas) Use: Agricultural and residential
RP (Residential Performance) Residential =
East: City of'Winchester Use: Residential
West:_ RA" (Rural Areas) Use: Residential, and recreational
RP (Residential Performance) Residential
Rezoning #06 -12 — Willow Run
September' 17,201Z
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 3'7 and .62.1. These routes are the VDOT roadways
which have been considered as the access to the property.. VDOT is satisfied that the transportation
proffers offered in the Willow-Run Proffer Amendment dated -June 15, 2012 addresses transportation
concerns associated with this request. The current Land Use Permit and VDOT approved plans will
need to remain active and current, in compliance with the Commonwealth Transportation Board
Limited Access Break, Resolution.
Parks &- Recreation Department: Please see attached e -mail from Jason Robertson to Evan Wyatt,
dated June 22, 2012:
County Attorney: Please see attached letter-from Rod Williams, County Attorney, daiedJuly16, 2012
and response. letter dated July 27, 2012 from,Evan Wyatt:
Planning & Zoning: .
1) Site History
The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being zoned R 7.2 (Residential Limited). The subject parcels were re- mapped
from R -2 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning
initiative (Zoning Amendment. Petition #01'1 -80), which was adopted on October 8, 1980. The
County's agricultural ,zoning districts were subsequently combined to form the RA (Rural
Areas) District upon adoption of an amendment to the Frederick County Zoning, Ordinance on
May '1.0, 1989. The corresponding revision of the zoning,map resulted in the re- mapping of the
subject property and all other A -1 and A -2 zoned land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14, 2005. That
application did not receive�action and was replaced by application #21 -06; which was approved',
creating an R4 district with proffers. This application, #06 -12is seeking minor modification to
the transportation and commercial proffers.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan -is an official public document that serves as
the community's guide for making decisions .regarding development, preservation, public
facilities and other key components of community fife. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development-of Frederick County.
[Comprehensive Policy Plan, p. 1-1]
-
Rezoning #06-1,2 Willow Run -
September 17, 2012' - _
Page4
Transportation
The WJE,L- UP calls for the. extension of Jubal Early Drive as an east /west throu&road and the
construction.of a new 'interchange at Route 37. (The Commonwealth Transportation Board, ori;-
January 18, 2007, approved the break in access on Route 37, to allow construction of this'new
'interchange) The extension of Jubal Early Drive through this portion of the; UDA is�cnvisioned,
as` an-'urban divided four- :lane, cross - section that .includes landscaped ;medians as well as
pedestrian, and bicycle. ,facilities. In addition, a major collector road is planned to facilitate
traffic movement ina,north -south directionto provide a connection between:Jubal Early Drive.
and Cedar Creek' 'Grade. Another critical transportation component' is
of the' WJELUP
alternative modes of transportation, such, as pedestrian and bicycle. facilities, .anl catls� fore an
interconnected system, of multi - purpose trails and sidewalks..
3) Proffer Statement Qriginally dated September. 1, 2.005,, with,final revision date of.June 15,
20'.12
A) Residential': Land Use
•
No Change
B) -- Commercial Land Use
Date updated in 132, :Proffer 132' allows for the dedication of a five..acre site= in the.
commercial area of the rezoning for the development of an aquatic center The
applicable portion new proffer reads, "The`five acre site shall" he available to Frederick,
County fora period of three years beginning in calendar, year- 2012 from the date, of
" f nal non - appealable rezoning approval," Previously the property was available for
five year window beginning in 2009 and•endingin.2'014. The net resultisari additional'
year for the County to determine whether to take advantage, of the site _
C) { Master Development Plan
'No Change
D) Transportation
Date updated in D5. Proffer D5 relates to the construction of the Jubal Early
Drive /Route 3'7 interchange and the impacted sentence currently- reads: "The Apphcants' -
shall commence;' :corisiriuction of this improvement in calendar year 20x7 with
completion;no later than calendar year;2022, or�completion no later'than,the issuance,of
the 600 building permit; whichever occurs first." Previously the time window was
2012 7201.5: The net result is an increase of up to seven years for the Applicants to
complete the ;interchange,:
E) .Community Facilities
No Change
Rezoning #06 -i2 — Willow Run
September 17, 2012
Page 5
L,
STAFF CONCLUSIONS FOR THE 09/05/12 PLANNING COMMISSION MEE=TING:
The Willow Run development is ,a 357.68 acre R4 mixed use development with proffers that was
rezoned in 2006 to allow for a mix of commercial. and residential development. This is a minor proffer
revision to modify dates in proffers B2 and D5 which impact the dates of certain transportation
improvements and the dates related to the proffered land for an aquatic center.
Proffer B2 dedicates land for use by Frederick County as an aquatic center. Previously the County had
from 2009 to 2014 to determine whether to take advantage of that,land dedication. The new proffer B2
gives the County from 2012 to 2015 to determine whether to take advantage of that proffer. The net
result is an additional year for the County to make their determination. However, since the property in.
question has a right -of -way for existing Merrimans Lane on it, the property could not be transferred
until the profferrealignment of Merrimans Land has taken place.
Proffer D5 commits the applicantto the construction of the interchange between Jubal Early Drive and
Route 37. Previously the applicant was to begin that construction in 2012 and complete itby2015.
The new proffer D5 states that the applicant will begin construction by 20.17 and complete it by2022.,
The net.result is up to seven additional years for the applicant to construct the °interchange:
Transportation staff is satisfied that the modifications to proffer D5 are acceptable; however, Parks, and.
Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of
consideration.for the aquatic center as-was done in the previously approve proffers. Thiswould require
the applicant to add two years to the current draft.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 9/05/12 MEETING: f
Some members of the Commission perceived an incompatibility. with the time frame between the,
applicant's proffered availability of the five -acre site and the construction of the improvements for the
interchange and Merrimans .Lane. The revised proffer would. give the, County from 20.12 to .2015 to
determine whether to take advantage of the aquatic center site; however, it would give the applicant. up
to 201 Tto begin construction and until 2022 to complete construction of the interchange between Jubal
Early Drive and Route 37. The Commissioners were: concerned about_ the seven -to -eight year gap of not
knowing if-the transportation improvements would occur.
The applicant. noted the relationship between the interchangesand the development of the,aquatic center
is not necessarily dependent upon each other.. The applicant stated the property could be accessed
through °the relocation of Merrimans Lane, which traverses the applicant's property. The applicant
stated the intent was to seek a.decision.a& to whether the County wanted the five -acre site for an aquatic
center, or if they,preferred to have an 8 -12 acre site, which is what the Parks & Recreation Department
has indicated in the C.I.P., then the,large, commercial land bay across the streetwould have to be used.
Commissioners raised, questions about whether the applicant would be� able to meet his proffered'
minimum commercial area, if the larger land bay was used for an aquatic center, and questions about
the broader implications for the land use program in this area, other than just Merrimans Lane, were
also raised.
REZONING APPLICATION #06 -12
WILLOW RUN
1G . 'COU Staff Report for the Planning Commission
w�4 Prepared: August 21, 2012
Staff Contact:, John A. Bishop; AICP, Deputy ''Director= Transportation
Reviewed Action
Planning Commission: 09/05/12 Pending
Board of Supervisors: 09/26/12 Pending
PROPOSAL: To revise proffers associated with Rezoning #21 -06. This revision relates to. the
"Transportation Enhancements" and "Commercial Land Use" sections of the proffers.
LOCATION: The properties are located east of Route 37 and.Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622), south and west of the City of 'Winchester corporate limits'.
EXECUTIVE SUMMARY .& STAFF CONCLUSION FOR THE 09/05/12 PLANNING
COMMISSION MEETING:
The Willow Run development is a 357.68 acre R4 mixed use development with proffers, that was
rezoned in 2006 to allow for a mix of commercial and residential devefopment. This isa minor proffer.
revision to modify dates in proffers B2 and D5 which impact the dates of certain transportation
improvements and the dates related to the proffered land for an aquatic center.
Proffer B2 dedicates land for use by Frederick County as an aquatic center. Previously, the County had
from 2009 to 2014 to determine:whether to take advantageof that:land dedication. The new proffer B2'
gives the County from, 2012, to 2015 to determine whether to take advantage of that proffer. The net
result is an additional year for the County to make their determination. However, since the property in
question has a right-of-way for existing. Merrimans Lane on it, the property could not be transferred
until the proffer realignment of Merrimans Land has taken place.
Proffer D5 commits the applicant to the construction of the interchange between Jubal Early.Drive and
Route 37. Previously the applicant was to. begin that construction in 2012 and complete - it by 2015:
The new proffer D5 states ihat'the applicant will begin construction by 2017 and complete it by 2022.
The net result is up to seven additional years for the applicant to construct the 'interchange:
Transportation staff is satisfied that the modifications' to proffer D5 are acceptable;'however, Parks and
Recreation staff has indicated that they would prefer that proffer B2 allowthe full. 'five year window of
consideration for the aquatic center as was done in the previously approved proffers. This would
require the applicant to add two years to the current draft.
A recommendation regarding °this rezoning application to the Board of Supervisors would be
nnronria2e. The annlicant should be prepared to adequately address all concerns raised by th
Rezoning #06 -12 — Willow Run
August 21, 2012
Page 2
This ,report isyrepared -by, the Frederick County Planning Staff to provide .information to the
Planning Commission a_ nd the Board of Supervisors to assist them in making a decision on this
application. It -may also• be, useful to, others interested in ,this .zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout,this staff report.
Reviewed. .Action
Planning Commission: 09/05%12 Pending
Board Hof Supervisors 09/.26/12 Pending
PROPOSAL: To revise proffers associated with Rezoning 416-05., This revision relates to the
"Transportation Enhancements" and "Commercial Land Use" sections of the proffers.
LOCATION: The properties. are located east of Route 37 and Merriman's Lane (Route 621), north of
Cedar Creek Grade (Route 622); south and west of the City of Winchester corporate limits.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTVID NUMBERS � 53- A- 9.0,'53 -A =91, 53 -A -92, 53- A =92A, 53 -A--92B, 53 -3 -A and 63 -A-
2A
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT' USE: Residential, Agricultural
ADJOINING PROPERTY ZONING' &: PR
North: RP (Residential Performance)
City of Winchester
South: RA (Rural Areas)
RP (ResidentialTerformance)
.East: City of Winchester
West: RA (Rural Areas)
.RP (Residential, Performance)
ESENT USE :,
Use: Residential
Residential &: open, space
Use: Agricultural and residential
Residential
Use-.
Use: Residential and recreational
Residential
'Rezoning #06 -12 -- Willow Run
August 21, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation : - The documentation within the application to rezone this property
appears to have Tittle measurable impact on Route 37 and 621. These routes are the VDOT roadways
which have been considered as the access to the property. VDOT is satisfied, that the transportation,
proffers offered 'in.the Willow Run Proffer Amendment dated June 15, 2012 addresses transportation
concerns associated with this request. The current Land Use Permit and VDOT approved plans will
need to remain active and current, in compliance with the Commonwealth Transportation Board
Limited Access Break Resolution.
Parks & Recreation Department: Please see attached e -mail from Jason Robertson to Evan. Wyatt,
dated June 22, 2012.
County Attorney: Please see attached letter from Rod Williams, County Attorney, dated July 16, 2.012
and response: letter dated July. 27, 2012 from Evan Wyatt.
Planning & Zonin
1) Site History
The original Frederick County zoning reap (U.S.G.S. Winchester Quadrangle). identifies 'the
subject parcels as being zoned R -2 (Residential Limited). The subject parcels wereye- mapped
from R-2 to A -2 (Agricultural General) pursuant to the County's comprehensive downzoning
initiative (Zoning Amendment.Petition #011 -80), which was,adopted on October, 8; .1.98,0; The
County "s agricultural zoning districts were subsequently combined to form the RA- (Rural
Areas) District upon adoption of an amendment to the Frederick County. Zoning Ordinance on
'May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the
subject property and all other A-1 and A -2 zoned land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14,_2005. That
application did notreceive action and was replaced by application #21 -0.6, which was.approved,
creating an R4 district with proffers. This application, #06-12 is seeking minor modification to
the transportation and commercial proffers.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and - improve the living, environment within Frederick County. It is in essence a
composition of policies used to plan for-the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 14]
Rezoning,; #06 -12 Willow Run
August 21, 2012`
Page 4
Transportation;
'The WJELUP calls for the extension of Jubal Early Drive as an east /west through road and the
construction of anew interchange at Route 37. (The Commonwealth Transportation Board, on
January 1.8, 2007, approved the break in access on Route 37, to allow construction of this new
interchange.)' The extension of Jubal Early Drive through this portion of the UDA is envisioned
as an urban divided four -lane cross- section that includes landscaped medians, as well as
pedestrian and bicycle facilities. In addition, a major collector road is planned to facilitate•
traffic movement in a north -south direction to provide °a,conne(ftion between Jubal Early Drive
and Cedar Creek Grade. Another critical transportation component of the WJELUP is
alternative modes of transportation, such as pedestrian and bicycle facilities., and calls for an
interconnected system of multi - purpose trails and sidewalks.
3)' Proffer Statement — Originally dated September 1, 2005, with final revision date of June 1,5;.
201;2
A) Residential Land Use
No Change
B;) Commercial Land Use
Date updated in 132. Proffer 132 allows for the dedication of a five acre site in the
commercial area of the rezoning for the development of an aquatic center The
applicable portion new proffer reads: "The five acre site shall be available to Frederick
County for a period of three years beginning in calendar year 201 -2 from the date of
final non - appealable rezoning approval." Previously the property was available for
five year window beginning in 2009 and ending in 2014. The net result is,anadditional
year for the County to determine whether to take advantage of the site.
C) Master Development Plan
No Change
D) Transportation
Date updated in D5. Proffer D5 relates to the construction of the Jubal Early
Drive /Route 37`interchange and the impacted sentence currently reads: "The Applicants
shall commence construction of this improvement in calendar year 2017 with
completion no later than calendar year 2022, or completion no.later than the issuance of
the 600`" building permit, whichever occurs first. Previously the time window was
2012- 2015. The net result is an increase of up to seven years for the Applicants to
complete. the 'interchange.
E) Community Facilities
No Change
Rezoning #06 -12 Willow Run
August 21; 2012
Page 5
STAFF CONCLUSIONS FOR THE 09/05/12 PLANNING COMMISSION MEETING:
The Willow Run development is a 357.68 acre R4 mixed use development with proffers that was
rezoned in 2006 -to allow for °a.mix of commercial and residential development. This is a minor proffer'
revision to modify dates in proffers B2 and D5 which impact othe,dates, of certain transportation _
improvements and the dates related to the proffered land for an aquatic center.
Proffer B2 dedicatesland for use by Frederick County as an aquatic center. Previously the County had
from 2009 to 2014 to determine whether to take advantage of that land dedication. The new proffer B2
gives the County from 2012 to 2015 to determine whether to take advantage of`that proffer. The net
result is an additional year for the County to make their determination. However-, since the, property in
question has a right -of- -way for existing Merrimans Lane on it, the property could not be transferred
until the proffer realignment of Merrimans Land has taken place.
Proffer D5 commits the applicant to the construction of the, interchange between Jubal Early Drive,and
Route 37. Previously the applicant was to begin that construction in 2012 and complete it by 2015.
The new proffer D5 states,that the applicant will begin construction by 2017 and complete it by 2022.
The net result is up to seven additional, years for the applicant to construct the interchange.
Transportation staff is satisfied that the modifications to proffer D5 are..acceptable,however, Parks and
Recreation staff has indicated that they would prefer that proffer B2 allow the full five year window of
consideration for the aquatic center as was done in the previously approve proffers. This would'-require
the applicant to add two years to the current draft.
A recommendation rekarding this rezoning application to the Board of Supervisors would be
appropriate. The applicant.--should, be Prepared to adequately address all concerns raised by the
Planning Commission.
fl
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
'Winchester, Virginia
September 5, 2012
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the, Planning Commission
should adopt the Agenda for the meeting . ..............................- ..... ......... ... ......... (no tab)
2 Committee Reports: ................................................................ ............................... (no tab)
3) Citizen Comments ....................................................................: ........:...................... (no tab)
PUBLIC HEARING
4) Ordinance Amendment — Revisions to all waiver opportunities contained within the
Zoning and Subdivision Ordinances, Chapter 165 Zoning and Chapter 144
Subdivision of Land, to ensure that all waiver opportunities are authorized by the
appropriate approving body; either` by the Board of Supervisors or by the
Zoning/Subdivision Administrator.,
Mr. Ruddy ............................. ........ .................. ............................... ......................... (A)
PUBLIC MEETING
5) Rezoning #06 -712 of Willow Run, submitted by Greenway Engineering, to revise proffers .
associated with Rezoning 421 -06. This revision relates 'to the 'Transportation
Enhancements" section of the proffers. The properties are located east of Route 17 and
Merriman's Lane (Route 621), north of'Cedar Creek Grade (Route 622), south and west of
the City of Winchester corporate limits, in the Gainesboro Magisterial District; and are
identified by Property Identification- Numbers 53- A -9'0, 53 -A -91, 53 -A -92, 53- A -92A, 53=
A -924; 53-3 -A and'.63 -A =2A
Mr.'Bishop .... :.................... : ............................................................. :................................ (B)
6) Other
7) Adjourn
REZONING" APPLICATION #,06 =12
`W'ILLOW R'LTN , .
Staff 'Report for the Plarining.'Commission,
Prepared: August 21,; 20 -1�2 •
Staff Contact:: John A ,Bi'slop, A`L;CP; Deputy Director - Transportation
Reviewed Action
Planning Commission OW0.5/P2 Pending'
Board? of _Supervisors: 09/26/12 ;Pending
rise proffers associated, with Rezoning #21 ;Q6 This revision relaies•'to °the'
PROPOSAL To rep
Trans ortation. Enhari'
" p cements an Commercial La'- &Use, 7` sections° of theproffers.
LOCATION: The properties are located east;of`Route 37 arid-, rriman'_s Lane (Route''621), north of
Cedar "Creek Grade (Route: 622) "south and`west- 4f`the• City :of S ester corporate.limit "s.
EXECUTIVE SUMMARY & STAFE CONCLUSION . -FOR XUE 09/0532 PLANNING f
COMMIS SIGN ;.MEETING:.
The Willow Run 'development is-,a 357'.;6,8 acm,:M mixed use development with, proffers that was
•rezoned. in 2006 to allow for a mix,,of corninercial and -- enfial developinent. This, is a ininor proffer
revision to ;modify dates m„ proffers B2 and. DS' which impact the dates of certain transportation
improvements and the dates related to thetptoffered.land for, an aquatic'centen
Pro - fer:B2' dedicates;land?for use by Frederick County a"s amaquatic center- :.Previously, the County had
i
fr0 m-20094o 201.4 todetermine whether•to take ad== vantage ofthdUand.dedication. 'The�new proffer B2
gives the County from 2012 to 2;0.1'5 `to, determine whether to take•.advantage of that proffer. The',.net;
result isan additional year for the County to 'their determination., However, since =the property-in.
_ - - _
p, uestion;llas a right -of -wa for existin 1Vlerrimans Lane on it the -roe ` could riotrbe, transferred
q _.. _. __ y _ g ' 1? p rtY
.a
urifil ahe proffer'reali`gnment of Merrimans!Land. has taken place_,;•
Proffer D5 commits the a licant to the; constructi
pp ' on of tlie= interchange betweeri.Julial.Early Drive and, -
Route: 37. Previously the .applicant was.-to I begin that construction in; 2012' and complete it by 2015.
The:x'ne, proffer D5,,states,thdvthe 'applicant will begin construction by 201 "7 and, complete i "t, by 2022.
The'nei result is up .to seven,addit'onal years for the applicant to consiruct:the interchange.
Transportatiomstaff is satisfied that:the modifications;fo proffer D.S are acceptable; however; Parks'and.
Recreation staff has indieated.that they would prefer that ;Droffer BI allow the. full five year window of
consideration, for the aquatic center as was done in the previously approved proffers: This would,
requirethei applicant `to 'add two years to the current dra ft.
A: recommen'dation,re ,6(irdcn , ahis.rezonin)z application to the.Board; 6f Supervisors would be .
apvropriate. Tke applicant should be prepared to adequately address.ali'concerns raisedbu the
Planning Commission:,
Rez6ning - 40642 — Willow-Run
August 2], °2012
Page 3.
REVIEW'EVALUATIONS:
Virginia Dept: offransportation: The docuinentationwithin the,applicationto rezone this property
appears to have little measurable impact on Route 37' and 62L T,hese;rotites are the VDQT "roadways•
which have been considered as the access: to the property. VDOT is satisfied that the transportation
proffersAoffered'in'the Willow Run. Proffer'Ameridment dated'June 15, 2012 addresses transportation
concerns associated with this request.. The, current Land Use = Permit and VDOT approved plans will
need to remain active and ,current, in compliance with the Commonwealth Transportation .Board
Limited Access:Break Resolution.
Parks'&' Reer -'eation= Department �'Pleasellsee attachede =mail M6n7 Jason Robertson to Evan -Wyatt, - -
dated -Ane 22, 2012. `
County Attorney: Please see attached letter from Rod Williams, C.ountyAttorney, dated.July 16„ 2,012
and response letter dated July 27, 2012 from Evan Wyatt_
Planniniz & ZoninLn
I) Site History
The.,original Frederick Countyzor ng map (U.S.G.S. Winchester Quadrangle) identifies the
subject parcels as being,zor ed`R -2 (Residential Limited). The subject parcels were re- mapped
„from, R =2 to A -2 (Agricultural General) pursuant to the Courity's comprehensive downzoning
initiative (Zoning Amendment Petition #01.1 -80), which was adopted on October 8, 1980. The
'County's agricultural zoning districts-were, subsequently combined to form the RA (Rural
Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on
May 10, 1989. The corresponding revision of the zoning map resulted in the re- mapping of the
subject property`, and all other A -1 and A 7'2 zoned land to the RA District.
A rezoning application ( #16 -05) for this site was submitted on November 14, 2005. That
_application did.not receive action.and was replaced.by application. #21 -06, -which was-approved,
creating.an R4 „districtwith proffers: This application, #06 - ~1 "2a is seeking minor modif`cationto
the transportati on. And commercial proffers.
2) Comprehensive Policy Plan
The Frederick County Comprehensive "Policy Plan is an off cial public Aocumentthat serves as
the community's guide for making decisions, regarding; development,, preservation, public
'facilities and other` key components of'community life. The primary goal of this plan is to
protect and. improve 'the .living environment within Frederick County. It is in essence a
composition of policies used' to plan for therfuture physical development of Frederick County.
[Comprehensive PolicyPlan, p. 1-1]
Rezon."p-g W'06-12 i. W I I ow,,Run
August 21, 2012.
Page 5
STAFF. F CONCLUSIONS FOR THE 09/-05/12, PLANNING- COMMISSION MEETING:
The Willow Run developnientj a s 6 A 1 with proff6r& that was
_ 35 7. 8 acre R, mixed., use. dev
rezoned in 2006.io, allow for a mix ofcommerci-al..,and,residential development. Thi's is a minor proffer
,revision to modify dates in proffers B2 and D5 which impact the, dates of certain trarisgoftation,
improvernepts, and iliedates related to the proffered land for an aquatic center,
Proffer B2 dedicates land for use by Frederick County as an, aquatic center; Previously the County had
from 2009 to 2014 to detenriine:Whether to take advantage of that that I-and dedication. The new proffer B2
gives the Qountrfrpm-2042`.to, 2015 t_&Aetermine'whether to take advantage of that proffer, The net,
result-ig ah'additional..'year for the County to make their determination. However, since the-property in
question has a "right -of- -way for existing MerrimansLane'on it, the. - property Could not be transferred
until the proffer realignment of MerTimans Land has taken place.
Proffer D5 commits the applicant to the construction of the interchange between Jubal Early Drive and
Route-37. Previously Elie, applicant was to. begin that constriuction.in.2012 and complete it; by 2015.
The new ptoffe-r-D5 states that the applicant, will begin construction by 2017 and complete it by 2022.
The, net result, is up to seven additional years for-the applicant to construct the interchange.
Transportation- staff is,sahsffod that the modifications to proffer I)5,arela(ceptable; however, Parks and.
'Recfeati6n staff has indicated that they -would prefer `thk proffiii tff a46w the ffilffive year window of
consideration for the aquatic- center as was dorfein the previously approve proffers. This would require
the applicant to add two years- to. the current draft.
A "recommendation regarding this, rezoning' application io the Board of Supervisors would be
appropriate. The applicant,should be prepared to adequately address all'concerns raised by the
Planning Commission.
Ti ansportataon; y « .
The WJELUP' calls 'for,.the.extension of'Jubal.Early Drives as an east /west through road and the
construction ofa new,:iriieichange;,at Route 37 ? {The .-Commonwealth Transportation'Board' on
January 8, 2007, approved`the break in access ori, Route "3.7; to allow construction of this, new
inferchan e: 'The ex
g ) tension =of 7ubal Early Drive through this portion of the UDAis „envisioned
_as; an. urban divided "..`four lane cross - section that includes, landscaped medians as well, as
pedestrian arid: "bicycle facilities. In addition, :a major collector road, is; planned to, facilitate
traff Juovemeint m a north south direct onto provide;, connection.between J:ubal Early Dri .e
..
and 'Cedar Creek Grade. Another: critical "transportation, component of the= WJE U P is
alternative modes of transportation,�such_as pedestrian- and':hicycl`e faciilities';and r eah's for'an, - '
inter connected.sysfem of multi .purpose trails and sidewalks.
3) Proffer, Statement == .'Origin ally. dated Septerrilier',1, 2005,,;with finalrevisron date,of`Jun"e 1'5,;
2612.
A) kesid'ential Land,Use
•... ... °No Change, : ,.. .. ,
B) Comrnercial -Land.Use
Date.0 dated rn 32 Proffer B2 allows for'the dedreation.of afive, acre .site m the
V _ . g., p q
p
commercial area of the rezonin for. the" develo ment of an •;a uat c center. The
appli `cable;portronnew_proffer.reads 4.`-Th6iive;acre site shall be, avarlable to F-rederiek
County for a period ,of three .years beginning, in. calendar; year '2012 from the date of
final non appealable rezoning: appro'.val." Previously the property was' available for a
five year window beginning in 2:009. and ending in 2014. 'The nettresult is an additional
year for the County to, determine whether to take advantage of the site..
C) Master, Development:Plan .
No: Chan e
- = g .-
D) Transportation;
Dnve/Route�37 inter Proffer 05d relates yto the construction, of the Jubal Early
Pate' u � ate in”
= _ change and the impacted sentence< currently .reads:' "The,Apohtj its
" . shall` .commence construction of tli`s 'improvement 'in, calendar year 20T`7 with.
° completion rio:.late "r than c-4 dar year 2022; or completion no laferthari the issuance of
.the 6,00 " burldmg permit; whiclie�er occurs 'first:" , Preciously "the tinge window was
20172,420.15--. The net .result is-an increase of ups to, + even years for the Applicants to
complete the: interchange.
E) Community,Facilifies
No Change :.
Rezoning ,, #0.6 -d 2 - .Will'ow Run:
,August 21;,201`2...
Rage 2
" This report " is prepared by the Frederick County Planning Staff torprovide nformat on jo the-
Planning Commission and'the Board ,9f Supervisors to 'assist t them in making, a decision on this
_.
application If may, also be useful to others 'interested in thrs zoning matter. Unresolved issues
concerning this, apphcahori are noted by staff where relevant throughout this staff `report,,''
Reviewed Acti6h
:. Planniig:Comriiissiori': 09/05/12. Pending
Board ofSu, _3ervisors
p 09/26/12 Pending
PROPO,SAL` _-To revise pr_ offers_, associated ,w th ', ezoning -fi :6' CC'S This_revision.relatesAlO4he ' -
Transportation Enhancements" and "Cornmercal.Land Use" sections lof theTroffers:
LOCATION °The properties are 'located east of Route. 3 T and Merriman''s Lane (Route 621), north. of
Cedar Creek. Grade =(Route 622), south and weqof the: City" f Winch- ester_, corporatb limits
MAGISTERIAL DISTRICT. Gaiinesboro
R PROPERTY.II):NUMBERS 53A 90, 533 A 9.,•l, 53 A 92, 53. A 92A, 53 -A 92B, 53 -3 =A and.63 -A- .
ZA :.
PROPERTY ZONING R4;(Resd`ential,Planned Community) District
PRESENT USE; .Residential, Agricultural
,ADJOIN'I'N.G PROPERTY ZONING• &` .-PRESENT ZSE:
Y t
Nbfth: RP (Residential Performance`)
U'se Residential
City of Winchester Residerifial & open, space
South -RA (Rural Areas)' Uise Agricultural and residential,
?RP (Residential Perforrriarice)" Residential
East City of, Winchester.' _ Use_ , es 'dentiaT
West RA (Rural Areas) Use.` Residential and: recreational,
`RP (Resident'a1;Performarice) Resdenta .. .