HomeMy WebLinkAbout05-13 Application'COUNTY of FREDERICK
1)epartrnent of Planning and Developinent
540/665m5651
FAX: 540/665-6395
Nbvern ber 18, 20113
Mt. Ron MislowskyjE
Pe-1in6hi Associates, Inc:.
1'1 7' E. Piccadilly Street
Winchester, VA 22601
WE- REZONING #0
- 5431) GOVERNORS HILL
PINS` 64;.-A-839,64-A-83A, 64-A-869 64-A-84, 64-A-85, and 64-A-87
'bear Ron:
This letter serves to confirm , action taken by the Frederick * County .Board cif,Supervisots at their
eder k
Ineet'in ,of November 13, 2013� The above-referenced application was approved to revise proffers
g p
associated with Rezoning #10-08. This revision relates, to the "Transportation Enhancements"
section ofthe,ptoffers; The property are located appiokimately;orfe mile east of Interstate 8 -1 on the
south, Side of Millwood Pike (Route 50"East), and across from Sulphur Springs Road (route 655), and
The Ravens SubJi'vision, in 'the' Shawnee Magisterial District:
.1c
The proffer statement, originally dated -Se r
ptembe 2,200twitliffhatrevi
Sion date of'September 26,
2.013, that was approved as a part of this rezoning application is un iquo to the above referenced
property and is binding regardless of owm; ed.is-a
ership.'Enc.los copy of the adopted proffer statement
for your records,., Pursuant, to §165.102.06 . El, the County Attorney will, present the w I ritten
proffer. to the. Frederick, Cdtinty Clerk. of Circuit, Court for r'ejcordation.
Please do not hesitate to contact this office if you,
haveany questions:regarding the approval of this
rezoning application.
Sincereily,
John A. Bishop, AICP.
Deputy Director, Transportation
JAB/pd
Attachment
cc: Gene E. F - isher, .'Shawnee, District Supervisor
Lawrence Ambrogi,and. H. Paige Manuel, Shawnee District Planning Commissioner
Jane Anderson; Real Estate
Commissioner of Revenue
'Rod: Will.iarfts,'County Attorney w/original Resolution and Proffers
107 North. Kent Street, Suite 202 - Winchester, Virginia. 22601-5000
REZONING •;APPLICATION= #05 -:13
GOVERNORS IIIL. 505
Siaff Report 'fof ilie P1Annmg, Commission
Prepared ,Novem_`ber 4,,2013
Staff Contact: John A. Bi`shop;,A.ICP lj Deputy Director- Transportation
Reviewed Action'
' Planning Commission, 10/1:,6/4 3 Recomriiended Approval
Board of;Supervisors 11/13/163 Pending
"PROPOSAL: To revise proffers, associated -with, Rezon-i`ng 410-08:. This revision relates to the
'Transportation Enhancement, and' "Environment" sections.of -'the proffers.
LOCATION: The, properties :areaocated:approximately;one in le, east of Ififerstate,81 on the south.side of
the, Millwood Pike (Route: 5.0: East) %; across from Sulphur Springs Road (Route 65:5:) arid, The Ravens
subdivision:.
EXECUTIVE', , SUMMARV . & ;STAFF CON:CLUSION "FOR, THE 11/1343 BOARD OF
SUPERVISORS_ MEETING
rThe�applicant is seeking approval ofa, inor proffer revision:: The proposed proffer.revision, removes
items that have;already'been,dealt with ;or are }proposed to be dealt with byothers and changes °the date
of performance provision for road improvements from 201.5: to 202'5: However;, development triggers
for road im rovements remaim`im lace, so ;if ,economic +conditions,iii proved and the. devel'opmentwere:
p - P
able'to- mo, ".e.forward, soon; the road`improvements wou.ld.also move.forward. Executed. proffers are
proyid'ed along wifta:redline; version:to make clear where changes haue,been made: Th'e5portion,of the
proffers, related, to the. recordation of the avigation easement:have; been, removed in addition to, the
transportation ,items:noted,abovew The.d`eadl'ine,for installation :of'a- left-tum lane and median crossover
to 'access Raven Pointe remains in pl'acef unchanged.
:,
Rezoning #OS k3`— .Governors Hill
No�embert4, 2%3
Page 2
0,
This report, is prgpar,.ed,,liy the Fredefkk, County Planning Staff to provide nformation to tl e.
Pla�zning ,Comm'is`sion and "the Board.:of Supervisors !to assist them in making a• dec sioiz 'on this
application. It, nzay also be.useful to- others., interested in 'this ;zoning mdtter. Unres "olved issues
concernin g this applcatoh are,ngted by staff wlze e relevant tlih6ugl2out this staff, report.
" `Reviewed, Action.
Planning Commission';: 10/16/13 :Recommended Approval
w
aoard.of S'upervfsors; 11,/,13/1.3 Pending
PROPOSAL: To revise prbMts associated with Rezoning 44 0 48. This revision relates to the
"Transpohdtion.Enhancemen"ts" and "E_nvironment ".sections of ihe`proffers:
L"OCATION:. The,prgperti`es are located appimately onemile east -of Interstate,8`1 on the south side ofx
V lPwood' '
Pike, (Route 5,0 East);. across from 'Sulphur - Springs .Road (Route 6,55) and The Ravens,
subdivision.
MAGISTERIAL.DISTRIC:T Shawnee
PROPERTYYID °NUMBERS: 64 =A -83, 64- A -83A, :64 -A- 86;,64- A -84;, 64 -A -85, 64 =A86, 64- A -8,7,
4-
PROPERTY ZONING. R4,' (ResidentialPlanned Community) District;
PRESENT USES: Undeveloped /Vacant _
.ADJOINING,PROPERTY ZONING &-`PRES'ENT'USE'
North RP Residential :Performance
) Use: S,.,
- ( Ingle. Farnfly Residential
Sotith•: 'RA (Rural Areas); . Use: Regional Airport
East „ , .M1 (Light Industrial) Use. 'Ind - trial and-Residential
MH1 (lVlobile:Home Comniunit-y),
'West- ;RA.(Rural Areas) User Regional Airport and Office
i B2- (Business,;General)`;
10
Rezoning #05 -13 = Governors Hill:
.November =4 20:1'3
Page 3
.REVIEW EVALUATIONS`:i
Virginia:Dept:• of TransuortatioA: Please see attached ,e -ma'il firoin Lloyd.ingram; MOT to Ron
Mislowsky dated August 22; 2013,
County Attorney. Please see attached e -mail from Rod Williams, County. Attorney to Ron Mislows4
dated August 1'S.; 2013.
Planning;& :Zoning:
1) Site History
The original Frederick Cori yzomngmap (U.S.G.S', Wmchester 'Quadrangl'e).id'enfifies:,the subject
parcels,as being zoned R (Res dentia'lLimited). The parcelswere,re- mapped from R -1 to A 72
("Agri cultural,, General) pursuant to the County's' coinprehensi3ve downzoning initiative (Zoning
Amendment Peti "tion. O `l =80), which -was adopted on October 8 :1980. The County's agricultural
zoning districts were subsequently combined'to form the RA.(Rural Areas),D'istrict upon adoption
of an.amendment:to the Frederick County Zoning Ordinance on May 1.0, 1989: The corresponding
:revision of th°e zoning map, resulted in the re- mapping of the subject properties and aft.other A -1 and
A -2 zoned. land to the RA, District." On October 12,12005 the Board of Supervisors approved
Rezoning, #H 05 which�rezoned parcels,64 -A -82, 64 A 83, 6.4,'- A-83A, 64 -A -86, 64.- A -8:7, 64 -A-
87A,to, the R4 District with proffers. , On,J,arivai-y.2`8,,2009;:rezoning number #10 -08 to'R4 with
proffers,approved bythekBoard;of Supervisors. The January. 28 -2009 updated transportation and
land use layouts. Most significant of the transportation, changes, was the severing of a, -planned
connection to .Route 50 "af the location-. of Sulphur°S'prings. Road and the. focusing. of traffic flow °to
Route, 50 at Iriverlee Drive:.
2) Comprehensive Policy Plan =
The Frederick County Compreliensive,Policy;Plan i's.an,off'ciafpuhlicdocument that ;serves asthe
community's'guide formalong::decisions fegarding;d'evelopment, preservation ,,publicfacil'ities :aiid
other key cornponerits, of commnity life. The primary goal of this plan is to protect and improve
the f'iving. env >ironiieint:wi'thin'Fr'eden, k. County,.. It,is in essence a composition of. policies, "used, to
;plan for the; future "physical development of Frederick County.
Land Use
p rtion of the site is located with
A � o "` ' � � l w' _ n the:`Urban..D.evelopnent, Area (UDA);. specifically the
x
residential porhon .of1h&developnient is within the UDA: The comprehensive plan envisions the
area comprised bythe subj eet parcels as developing with business %office land use. The:existing and
g g y -
proposed R4`zoniri' "is enerall. consistent: with this plan a& it relates to this area.
The subject .parcels+ 'are' also located within 'the boundaries of the Airport Support Area that
surrounds:,the, Winchester Regional Ai, Mort. and industrial uses should be the primary
uses in. the airport, support area.
Rezoning #0543 - Goveniors'Hill
November 4..2013
Page,4
3) Proffer Statement
The proposed proffer revision removes items that have already.been dealt with orare proposed
to be�dealt with by others and changes the date.of perfonnance provision forroad improvements
from 2015 to 2025: However, development triggers for roadimprovements remain in place, so
if economic conditions ,improved and the development were :able to move forward soon, the.
road improvements would also move forward.
STAFF CONCLUSIONS FOR THE, '10/16%13 PLANNING COMMISSION MEETING:
The a pp licant °'is�seekin'g approval of a miinor,proff& revision. The proposed proffer revisionxemoves
items that, have already been dealt.-with or are proposed to be dealt with by others and changes the date
o.fperformancc provision for.road improvements from .2015 to 2025. H "owever, developmenttriggers
for road improvements remain in.place, so if economic conditions improved and the development were
able:to move forward soon, bhe.road improvements would also move .forward. Executed proffers are
provided as well as a redline version of'ihe proffer update. The portion of the proffers related to the
recordation of the avigation easement have been removed in addition to the transportation, items noted
above: The deadline for installation of:a.l'eft'turn lane,and median crossover to access Raven Pointe
remains in place unchanged.
A recommendation regarding 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. .
PLANNING COMMISSION SUMMARY AND ACTION OF 10 /1'6 /13'MEETING -
The applicant''s representatives, Mr.. Ronald Mislowsky with_ Pennoni Associates Inc. and Mr. John
Conrad with Miller and Smith, were available: for questions.
Commission - :members believed this was a °positive approach for this development proposal: No issues
of concern were raised.. There were no citizen comments.
The Planning Commission unanimously recommended approval of the rezoning with the proffer
revision requested. (Note:. Commissioner Madagan was absent from the.rneeti ig)
EXECUTIVE SUMNIARV & STAFF CONCLUSION'FOR THE 11/13/13 BOARD OF
SUPERVISORS MEETING:
The applicant is seeking approval of a minor proffer revision. The proposed proffer revision removes
items. that, have already been dealtwith or;are proposed to.be dealt with by others and changes the date
of performance provision for road improvements from 20,15 to 2025.: However, development triggers
for road improvements remain_inplace, so if economic conditions improved and the development were
Rezoning. #05 =.13— Governors Hill
November 4,, 2013,
Page 5`
able to move forward, soon, the road improvements would also move forward. Exec
ufed.proffers are
provided along with aredline version to `make clear where changes have'been made. The portion of the
proffers .related to the recordafion :of the, auigation easement' have, been removed in addition to the
1
transportation items noted above. The deadline for installation -of a; Ieft;turnaane and median crossover
to access Raven Pointe remains in place -unchanged.
Following the required public meeting a decision regarding,this rezoning application by , the
Board of Supervisors would. be pppropriatei The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
' J ZLRAVEN WING Subdivisi \��,�
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HEIGHTS I�Ciq�Er O REME� �J
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• HILL
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Applications
0
Parcels n �� ;'`•' �
Building Footprints
61 (Business, Neighborhood District) > �Nkgo �y •,
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District) p=p0.L1
EM (Extractive Manufacturing District) �gpogrPO �oP��
se ooh•
HE (Higher Education District) ��fP
M1 (Industrial, Light District)
M2 (Industrial, General District)
S MH1 (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)
Note:
R EZ # 05 - 13
Frederick County Dept of
Governor's HI��
Planning & Development
107 N Kent St
PINS:
Suite 202
e
64 - A - 82, 64 - A - 83, 64 - A - 83A,
Winchester, VA 22601
64 - A - 86, 64 - A - 87, 64 - A - 87A
540 -665 -5651
Rezoning Proffer Revision
Map Created: August 27, 2013
Staff: jbishop
0 550 1,100
2,200 Feet
Ronald ,Mislowsky
From:
Funkhouser, Rhonda (VDOT) .5Rhonda.F,unkhouser, @VDOT.Virgin a.gov> on behalf, of
Ingram,,Lloyd. (VDOT) < Lloyd .Ingram @VDOT.v'irg nia.gov>
Sent:
Thu rsday,; Aug ust 22; 2013`12-:07 PM,-
Tm
Ronald Mislowsky
Cc
Bishop, John; (VDOT) Smith, Matthew; 131. (VDOT); Ingram; Lloyd (VDOT) .
• Subject:
Governor's'Hill - Proposed Proffer Modification „
Attachments,:
Scanned from EDNXerox ".pdf'
Th'e proposed proffer modification dated July 23, 2013 has. been found to :be acceptable,,
Lloyd` Q_ Ingram Land Development Engineer
'Virginia bepartment of
Transportation
'Clarke, Frederick, Shenandoah a. Marren Counties
14031:CId Valley Pike,
Edinf Urg, VA 22824
Voice. 540/984- 561.11.
Lloyd.Ihdram(a)vdot.virginia
gov
Karen Flynn
from: Ronald Mislowsky.
Sent:- Thursday, August' 15, 2013 4:39 PM
To:.. Karen Flynn
Subject FW: governors` hill proffer amendment'
"
Take care of-this added signature, sheet, ;please;
Ron ,
FFrdm Rod Williams` rmailto:rwillia(Wtya.us]
Sent; Thursday, August 15, 2013 408 P, M
To: Ronald .Mislowsky
,Cqc John Bishop
Subject: RE; governors Bill proffer amendments
Ron;
The substance of the pr.:offers, as,.noW revised, looks acceptable: There is still One small
remaining "issue with the signature :pages I think you added a,.signature "page for Governors ;Hill
Investors, L.L:C,, to be signed on its behalf'by MS Carpers Valley •Investors L.L.C. That page should
remain, but because MS `Carpers Valley Investors, L.L.C.Js listed as :aseparate co- ownerwith
Governors Hill •Investors, L.L.C. for parcels 64 -A -84 and 64 -A -85, MS';Carpers Valley Investors, L_.LC.
would not actual) be bound b the rofferfstatement, other than to the extent of' its i Investors, L.L.C.
heeds ,q se arat ysi° nature Y e'. p ithout such additional a e:, MS�Gar, =ers Valley
s interest in,
P. d PJ
Governors Hill Investors; L.L.C., for, parcel&64 -A -84 and 64- A -.85. You need: not send afurther
revision to me for review, but it would° bey acceptable as long as the additional page is `,ncluded.:in the
materials submitted for,placement,on the °P'C agenda.
Rod
Roderick B. Williams
County Attorney
County of Frederick, Virginia
107 North Kent Street, 3rd Floor
E� 9 - -.
Telephone;. (54Onia 22601 -
Wrf&`ester, Vir i
) 722Z`8.383'
:Facsimile: (540)467-68,70 .
E mail rwilha _feva {:us `
Please note new email domain name: fcva. us u. -
From: ,Ronald Mislowsky [ mailto:RMislowskyOPennoni'.com] .
Sent: Saturday; July'`27 2013 12.50 PM
To, Rod Williams; Ingram, "Lloyd (\/DOT); John Bishop
Cc: iconrad'Caomillerandsmith.com
„ Subject. governors hill proffer amendrrient
lihaveattached herethe recentversion"ofthe` proffer .amendment'fotG'overnorvflill:;
f
The Changesare ; . _
• r
P,xoffor3 WO, clarified .that a0pbrboa,of Pendleton drive has,already been constructed.
'Proffer 14 7 5inte the z1vigatibh easements have been dedicated and the first building permit has been llssued(Public
;swet Bid''�,,we'havL-�rerTioved'thaireqtjiremeh�ts�f6rm,fhe
9 proffer. If yQu accept,thci; cKdrig-es,. the last sentence
reqbi'riing;,the noise`attenualion will ,move Up to the end of 14.2, deleting 14.3.
;,Proffer -15.3 -'We clarified,in J-52that,the',construction cif:,Co-verstobe , requires -all :of'the:improvemen't-s required in
15.1. We.,clele,ted, 153. 5ee Bellow-on RavenPointe.
Proffer 1.54— We revised thele)densi6n, point of Tazewell.
I hziV.e;alsoaft-tathedi,copyofthe'Raven Poi.nte'(fbrmerlyR-avenwo.od).Mqster'Deyeidprnent-PlapWhi.c.h.w.asappe,6ved'ih
2002 ,Coincident with the filing of theGovernors Hill ;profferameqclrnent .submit ... mit aMaster-Plan
ke_visio,haa,pplicatibn. The change is'to adclressAheirequirecl improvements 4f Rte )5 The Raven Pointe developer has
agreed to install the median break anOeAstb u nd Iefttu rjfla ne as soon ,a as pla nsca n, be developed and approved by
VDOT. The new n6tefequires these imr).royem-g�nts",io'be complete by NovernberTt, 2015:
Please]& me know if anyone has comments on :this approach: lfthese item aresatisfktory, we will process the •
applications immediately.
Please; let me know if'thete., are. any ,10esti,6ns:,
RoR;jldMis1qwsky
Associate' Vice Oresident
,Office, 'Dire'ptor
Pennorii, Associates, Inc..
117:East'hcc-admy Street
Wincfieste� ' ;VA2,2801-6062
Office 5*0-,66V`21 39
Direct 540 - 771' =2085
Molbilei54_01-664-21 10
httD:ij bentioni;comd RMit1b\AisKv(cDoehno6c6rn
Consulting Engineers providing...
Environmental -'G'eotechnical - Inspections & Testing - Land. Development - MEP
Landscape Architecture Structural Survey - "Transportation - WaterlWastewater
2
,John,'Bis *iP
.From: in gram,,Lloyd,(VDOT,),[0 [Lloyd
Sent: Fr * iday; September 27, 20:13 -1214 PM
To-, Ronald Mi s10ws*Y;. John ,Bishop Rod W
illi8ms,
subpadt RE: "Governors Hill ,Proffer rA endment
Theproposed language change to the, proffer is acceptable.
Lloyd,A. Ingram, T-ransportatimEngineer
Virginia Department 0 Transpoktatidn:
,Ed'nbur.q Residency, -i Land.Development
.14031 Old Valley Pike,
-Edhiburg, Virginia 22824
Abne #(540) 9$4-5611
Fax-4(540) 984-5607
.FrqM;,4.R.onaId'.Mi.sIowsky
"Swit: ThUfsdayj September.26, 200 5:_36 -M
To -36hh In rem -. Lloyd (VDOTj; ,Rod Williams (rwI11IaCMfcya,u
Suoje�ct. Governors- 'Hidii Proffer ArftendtheInt,
John,,
AsJdis'cussed today we-need to revise the lGovernors Hill ill,Profferonce more to keep the responsibilityoftheAte 501
median break and eastbo.und left tur, Iane.-with,,rt",6oveeno,rs Hill proffer, since that document is a,bindingt agreement.
I have:attached Section '15& the proff6r'he(e w ith We, new lahguage.highl'ighted. If this looks acceptable I will process fa
new. proffer for owner signatures and
get that t&V.6,ij asap.
I have cooied,Llbydano R.pdon this as well, so.theycah,also. let me, know if they hPye ques-tio'ns or comments.
'It.'is still R.aveo. poihW-s intention to golthe'irtnaster plan revision finalized and insi:a1l.1"the, same median break and l6ft
turn: lane as soon, as gossible.
1 n
kn. that ham not'gi�ftir,ig em'ails1from Ja(� Wilder again; so if you respond to me by email, I may not get it.
Aoftaid msloWtky-
�Ass.ociaieVi66-Pres`i'de'nt
,Office Director
;6nnorii Assochates, I'nc,.
117 East Piccadilly
inchester, VA 22601-5002,
'Office 540-667-421,39
�&Ir-eci -540- 771" - `2-065
Mobile 540-6644i-176
httP :/Avww.r)ennoni.com,/ kMI�jgWkSAgo
Consulting Engineersproviding:..-
'Eh%Aorm6fital - Geotechnicafm- , Inspections;& Testing --;LandDevelopment. - �I MEP
'Landscajie� Architecture 'Structural - Survey - TraaTor'tathidn,7. WaterlWastew-ater
9NT
PROFFER I,;$T W
R,,Z,,. 410-08:, K4 an&RA,',°to.R4,
PROPERTY:; 1.778` OO-Acres ' +
-.8 A, 8,4,,S5, 86, and 87 (the
Tax,m4p�& Parbels'64-A Jj S 3
"Property')
RECORD OWNER;: Ca-mcfs Valley Developmehi LLC :and; Govemom Hill
El" C,
A PP ]LICANT! C&rpers Valley LLC and, Governor's Kill
PROJECT'NAME:
,ORIGINAL DATE
OFTROFFERS:
REVISION DA TE.
Governors Hill
SO -jeh 2, 2008;�.Ocwber 3.1 i,,Z60&;j)b�defnber,8, NO&
p mbd)k
J_ nuapy;,�;1,2909j May L 20j3:;:-J4ne, 1,.7-,,, .013,july 23,
2013': AugUst 15,201,13. September b -6j, 20,15 September 26;
2013
-Thp 'undersigned owners t, h 11 &reb,,y,, that the use and :development of the'
�ubje'ct- Property (g-4-P-rope fty"), A§;., d,6,ktibed above, __h
shall 601 in, conformance with - -the
foil o_,wmgconditiqn&.. wl�ikp,h-:s-ball`- supersede all other proffers that may fiavc bemmade
pg-
p J k4bo-v referenced` n ifig i'sho-t, -granted as app
rior`hereto. I h the, ever&_thAf4h above ilied for
z.
.byIII,) t Applicant , pp . ca'm : -,ihese . 1p-1 roff,ers shall be. deem d'
wt-h d rawn
and shah hal b
e
,
n ulfand void. Further, these r qNfs zm contingent U0 dk fh dl rezoning of the Property
with- Fina 1 Rezoning 'defffed'is"that,reZOnin g that sAgeffqct o thedayupon which the!
Fred rick-County, ffoard -of County Supervisors (the "Board"). grants the rezoning;
Thee headings ,6ftfi6_�� p rof Tets 9ft,forth below hav&,,bevn; prepared "for, convenience,
or rieferenc& only and shatl not -. control or afRtt, the M&anihgT, prl.'be taken as an
interpretation: any provisibn.Fof the proffers. The; PTi�jff heroin -shall
9 P
be "d'- d , t�- the fira& of &velopment! of that ;portion ' of -the Property adjacent to of
'prov-4 e. , 4 'Y
including the improvement or other proffered
- 'These ' --
'le q U itO , enf, unless oth r w
15e specified:
herein A m "A pp can as referenced here in•�shil I ifcRdd within its�neAhirg:`all.
future
owners; fas-8-1, gns,,, �n , successors, in 'interest When. used "in these .proffers, ,the
� -,.-
"Master Develobment Plan" shall refer toAhe Ian �Ontitled 'Masi&,Dey
Nerfibts Hill -,prepared - 'y:
b Patton Harris Rust &,Associates, (the "MT)P) dated March
-januar 2009.
,2008,,revised
LAND . USE
4,1 The project shall be des-igned to-estaNish, int6cbm'OU4 mixed -use.
:
residential - 'and commercial /employment Land. Bays n ' i general
confarm-ance with the. MDP; and as is specifically et: forth 'in these
proffe'rs subject &t ,to minor modifications as necessary upon firial,
engingering inc I u dihg..but not limited to intersection alightftents.,
(
1,.2 All development, including street -landscaping, shat � e accomplished -in
,ppmen, in 1, b
n w "Gov iiorg Hill, Design and
.general' conformance with the. ern-
prepared I - PHRAA ached hereto and
Devel6prnaf Standards ", by� attached
Herein "b _h "g. ment
incorporated'; n , y reference !(
e Desi and Devel'
�Standards")..-
1.3 kegidenMAT dse& shalfl, bepr6-'hib.it0J I n,,.tho, ,-arO0Jdentifii Od as Land, Bav, 2 .
on the M,DP- .'.,Furthermore; Land Bay 2,'shall, be restricted to those, uses
p -riitt' Jllri e .General' inesSjg-�I),, thig district, zf& spaifie4 in
n ith us zoning e 1 e.�
'-ic J 05
iheFrddPr k,,County�C6& Article X,,§
I-A Except as Modffiqf herein, areas of re SiI den e volop-
ment on the,
Property s ali
be limited`. to Land Bay, I- and Shall j* developed in
conform zinceR ith - the reg6!ations,6f,the - Resider ftiA,Planned Community'
(,"R,4?',).,2onih:g'di's'-trict, inc'ludihg, pefM types set forth in
ric
the Fre e
t d "k Coutity, :Code Ariti 'le. VII, §165-1,67 throu gh §1 '65-72, as
across -i.efe'renced'io,.Attiple VII, §165-58, through, §.165-66. 'Unit types
'
°dnd lot I0ti
'dts, within residential. L comprise any of the
and "Bays, imay,
and Development
pertjiifte�d� Vilit as set. forth i the `Design '
Standards,,,and,adihoriied for the R4 district,, and these Proffers.
1:5 Residd`htidlI'dbv'eT6pffient on the Pr,,operty'.=shall,not .exceed 550 dwelling•
Mu-Iti-
.,111I.I.ts" wl.th . a;,. mix of housing ed in the R4
g types,permit
fami'l, y . unfts,,Ias�.Mfibed by, the Design Development -lopmeftt Standards, shall
not ,exceed '- 50%, of the total number 'ofdwdhh� uftits,,dd veloped in the
'N' 09 feet from, the
project., 0.1tegil entia structdres;§U ' F4606'seiihan 2'G
6hesterAir"rtrunway:.
cent&lini� a the .,.existing Win,
pq
1 A F!.rior fo. the Property, exceed 11 ing, :1,285,000 square feet Of commercial
I ca t.shat §ubmii, to the County 4 revised
bvdildliriglfl6qt fh,e, APR i -an -1
Tra Mic ' I ffi P 4d Anafysls, (TIA) Tor -the Property. The 'total. permitted
�hoo Applicant
increase �prb-y� i ded that the Ap
commercial %Hdin uArdd.riffy-Ino,
46h, identifies the,impact�
ooftidtO'g,al�tevised,"ir�iffic imvact andIvsI's'wfi:'
of tfjpsT6foinmefciAl" development iff excess; of 45,,815 Average. Daily
Tti05(A)'T).iim
the A p iddWi,,iti'gdtion, ifteces-sary for or.S'aid impacts 'is provide&,b
by
n,d,f6rn that is,acceiidble, t othe
County and VROT.
CON-STRUCT VMFIED: DEVELOPMENT
_.jlQN:OFA
2_1 The Property shall be developed as one SijTgI'e and unified devotopryient,
-Able ordinances and rewfatibns for � the R4
-w
in �accorda-nce, with: applic
zoning, g, 4 " tri I ct. the I MDR as approved by the Bbatd,and this; Proff.er
' SI
StAteriietit-
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3: ACCESS TOA IvIORY PARCEL,
11 The Applicant has - designed and constructed a two lane public
roadway, identifed ion the MDR as Pen`dl'' ri.Drive, from Arbor Court
to `the 'en'trance, of the, Armory Site (T1VI 64 A-82)`. At such, time that
Tazewell Road yis .constructed as depicted on the IVIDP, the Applicant
shall extend Pendleton Drive to.connect`.with Tazewell Road..
4. PHASING `QF.RESIDENTIAL.DEVELOPMENT
4;1 Building permits for Land 'Bay 1= of the Property shall be' issued on the
followingxphasing schedule:
Year 1 (Month`s 1 12): 140 b,ui I'd ing,jIperrnits
Year 2,'(.M ntl s r 24) 440 buildrng "permits;
Year 3 (IVlonths'25 3'6). 140 building &permits;
Year 4 (IVlonths,,$I 418- 130 buildmg'permitts`
The alcove identified phasing schedule is-taken 'from the 'Date •of ;Final'
Rezoning;(DFR) �Ar y building ,permits snot issued within-,,any given year
nay be cArri` edz over fo the following year:;howeer the Applicant shat], not
Pp g p Y
snake: a °location for' more than 200 residential' ,buildin ermits �n an
,given 'year.
4:2 Comrriereial land! employmetff�Uses, rimay?tie' constructed` at any time._
'improvements including a 3,0.00 square: foot: 'com munity" center, 39500'
square feet of he'fa iborhood swimming pools;. and 'a, dog park shall be
constructed ,in. corijunction with residential development m ;Land Bay I
And :the; `land.. therefor shall' be - :dedicated, upon completion of ' the
improvements ' °to `the Property OwnemAssociat 'ion. The location thereof'
shall B6 depicted on final wbdivisib plans for' such residential
development, ; `These; recreationah' amenities shall ;serve, to meet the
requirement of :.recreation unit per 30 'dwellings These improv >ements.
a
shall ber complefed.`prior to the issuance of "tlie. 2?l st., residential. building,
5 "AkCHIIT EGTUR>✓; SIG-NAGE; AND LANDSCAPING:;
5 ",1. •Alh buildings' on the Property 0a11 be. constructed using, compatible
arcfi!to ural . , styles The . Applicant ;shall establish one 'or, more:
A#hrtectural }zevzew Boards through -the required : Ttoperty , Owner
Association to „lie created°to;enforce and admini ter a unified development
plan m,general conforrrty withalie Design (arid D;evelopment'Standards.
Page 3 dF I.S�
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5:,2 Alf signage.with jh'the Property, sWl be in with -a
comp plan ifements of the Zoning
Tqpeqs!ve� sign t 'Ian that !rheets, the reqtp
Ordinance for si`gnage, which shall.,be, submitted, in conjunction with the
first final site roris b divi.sior plan fbr Ahe:Wope.fty,
6. PEDESTRIAN TRAIL SYSTEM A 0 RE kE-ANT.10
AREAS
611.
pl bdht,'sh Alf design ands , build ild a-.'public pedestrian-bicycle trail'
The Applicant ' "shall-;
system` to Virginia Department �of Ttansportati' n standards! that 'links
-residential, ,Tand %,commercial ,areas witfijq'the.`yel6bment.
,40 -Said -trails shall
'be ift tholowflonsgi nerEdly, depicted onAhe.MlJP,,... To the extent that such
trails are AQ, depicted _ M ton the MDR at the time offinal, Rezoning, such
trails shaft 6ted with or link&d,toz the,,;inte mal street and sidewalk
j qwa - 'shall `be ,constr fic: streets to VDOT
iftetwork Sidewalks: uctO P11
Standards,. and 'a 'minimum ,of ,four-wt sidewalks A91, 'be'constructed:Qn
private streets: AN111 oombinod, pedlestriatf/bicyeliog-:trdi�is7 shall be IO.feet
wide,- and ;9h911cfi'av an asphalt.,s_ui'6ce.
7. FIRE,&
RESC.UE-.
;714
the M �of $422 per dwelling
: .
The Applicant 9httffcoft ributeto,the 'ffbard7 r1sq
unit �and,lr e - sgqepur p p se, s, payable upoq the issuance of a
permit for ea6 h.id-wellihg_,U'ink.
T-1
f o-Ildw,"irig POA created in zccordance%
y., on' of each year, flie .
lferewithl�shallh;con ibute annually; or July 1
sum of constructed residend'al'.unit,, and $100 per f,'000, sqpare,
f constructed t c- I (h6t including ... any- land 4n public use),, to
'feet -o cons ru�q.gO qm, -in (j,a,,
the, fife- and rescue. 'company providing' first response service, to the
Pro contribution shall. be monitored . and. enforced'. by the
,perty. .,S,pc 60
muster PoAj,;an &the,,Bba r d a accounting :of such ,payments
id-,up6n,such ions as. ,�v m, determine necessary.
'h times -jar conditions - � -_ - may , determine
Said morietary contribution se at, 4hat,ihe,fire and rescue:
zcompany prqvJdqg 'fir§f resp ge. service is -n6 10 n g- e r a N016 n teer
-
operati0q,or should 'the County adopt a.fed`f6t sdr'vic6p I a nI to provide -fire
,
:and,rescuez kry-i'Ces.
DR. 01
8:1
The Appliodf iV shall contribute to the of 4 714 per
ppgo the sum
upa, al purposes; payable uponihe issuance, ofa
dwellhg. ;unit ,for ed tion
build' g- permit' or- each dwdlljng., unit;
PugeA ofl'5
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9. PARKS & OPEN SPACE.
PI?
9',1 The A l;icant hall contribute to'tlie Board the sum 617 $3,43 per. dwelling
unit for recreational purposes, payable upon, the' Issuance of a building_
permit'fir eaclidwell'irig unit:
IO LIBIRARIESt
1`0.:1 The Appl�cantshall contribute -to the Board the sum of $;79 per dwelling,
unit for `library purposes, payable up o I he issuance' :of a building permit
;for each. dwel,Hg unit.
11.., ADMINISTRATION BU t'LDING:
1 1.1 The Appl'icant,,shalI contribute to the Board the sum of $79' per, dwelling
unit „upon tssuance'of`;a building pegnit for each; ±d'welli'ng unit to be, used
for, construction of a; general;govcmmen"tal administration building.
11. CREATION OF PROPERTY OWNERS' A5S`OCIATION:
12.4 The Master Property. Qwners' Association to 'be created . in accordance
herewith 'shall be created. contemporaneously with. the firstfnal site, or
subdivision plan submitted'for theiProperty.
1.2.2 The Applicant; shall establish a* ,Master 'Property Owners' Association
(hereinaffter "Master POA”) for Governors' Hill; in' its entirety, that shall,,
g
have. respon bilrty for assuring: complianct . with
among other thm s, h
design guidelines an'd standard's; signage ' requirements, landscape
aintenance, and similar. matters: Any 'homeowriers' or property,',owners'
associations credtedIor, commerciaLor residential ;uses' individually shall,
act as.a subset of,the :Master,POA.
123 The resident* 'I onion of the'developmentshall. be made subject to one or
more Property Owners' Association(s)' (hereinafter "Residential P-OA ")
that shall ,be xesponsible for the ownership; maintenance and repair of the
community center, walking rails;' in `Land Bay' 1, swimming pools
cvmmon =areas; including any conservation areas, that may established
in. - accordance; herewith not dedicated 'to the County or •,others; and
stormwaier management faeil_Id s not dedicated to public use din Land Bay
.for. each .area,subject to their jurisdiction, and. shall be provided such
other Tesponsibi'lities,; duties and powers as are :customary for such
associations 'or as may be required .for such_Residenhal POA herein:,
12:4 an- daditi n to' such other. duties and responsibilities as maybe assigned;, a
Residential POARshall::;have °title torand responsibility for-the following;in
Land Bay-1 (i),a11 common open space are,as•,not otherwise dedicated to
pudic use, (ii) common - buffer are as'.located,:owtside. of. residential lots;
(>>i) private streets ;serving' the residents who are, members of such
Page 54T5
a
association, (iu) common solid waste disposal and rec`yclirig prog "rams,
including curbside pick -up of refuse by a private .refuse collection
company,, -and .(.v responsibility for the perpetual Maintenance of any
street, perimeter, or road' buffer =areas, .all of which buffer areas' shall be
located. w chin, easements �to ',be granted to the `Residential, POA if',pldtted
within residential- or other 'lots,. or otherwise ,granted to, the Residential
P.OA by,appropriate. instrument.
1,2.5 The Residential POA, shall be so estd - 6h shed ithatAt, possesses al necessary
powers to. set -and revise fees. and,dues in suffici'ent,.sums to perfon m. the
responsibit' &e assigned to it hereunder and under ihe:. Declaration to be
recorded:creating such .Association. In addhionr, upon any, conveyance .of'
a, residential unit from -the builder thereof to a`honie'purchaser, there shall
be a fee `paid by,the home ,purchaser to the: Residential POA iman amount
equal to three ti i es the then= current monthly residential, dues applicable to.
the unit.§6�con.v6yed...
12:6 -Any- commercial portion of °the' development (with, the; exeeption of any
property, ,owned';or leased by the United .States, or.Frederick,C.ounty) shall
be made subject -to one or more Property Owners' Associatio"n(s),
(hereinafter '-Commerciale ,POA" ). Such Commercial POA(s) shall` be,
responsible for the ownership, maintenance :arid repair of" all. common.
areas in, -Land ;Bay '2', including any conservation areas that may be
i established in:. ,4ccor,&nce herewith not dedicated'Jo the: Cbunty or others,
and �stormwater mariagemerit facilities (under common (open ,space)
ownership} not Aedieated 'to public use for each „area. subject to their'
jurisdiction, and:shall be, provided such other responsibll`ities; d" ude`s;, and
!
powers as are
p � customary for such associations o:r :a§ may be required for
such .Commercial POA herein.
12.7 In addition to `such'other.duties and'responsibilities- asmay be assigned, a
Commercial POA, m Land Bay 2,; shall' have title'to and responsibility for
0) all eornmon open.space,areas not.otherwiseA dicated to,public use, (ii)
i commom buffer areas 'located .outside of commercial Tots; (iii)
responsibility for the_. perpetual maintenance of zany street, _perimeter,, or
road :buffer areas, all of which ,buffer;' areas. shall be "located within
easements to to u 'be, 'granted to the- Comrriercial POA if' platted within
.
cornrnerctal or, other. lots.; or .parcels; or :otherwise granted to the
Crum _ _id` POA by appropriate nstruinerit.
7 13 `WATER & S'EWER:
13.1' The Appl_icant;,sha ,I be rcsponsibl e for connecting the . Pro-perty to 'publ'kc
water rand ,sewer: It shall further `be xesp ons If6r, constructing all
facilities, regwred for.such:,connectibn at.tlie Property'bouridary. AlIwAtor
and ,sewer infrastructure shall 'be constructed in .accordance with ;the,
requirements of;the Frederick County Sanitation Authority:
Pqge6,qf 15
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14:1 St'ormwater- management and 11bstAanagement; Practices. (13MP) 'for the
Property shall be provided in accordance with the Virginia Stof.m ater
`IVlanagement =Regialati;ons, First Ed.. ?19.99;. Chapter 2; Table'2 -3. `
1:4:2 The Applicant,• shall -provide notice in all safes literature, in 'covenants,
conditions and ,r..estrtctons for any Property Owners' Associations, of the;
adjacency of the Winchester Regional .Airport The Applicant shall
provide noisejattenuaton tre'atment`for all' residential units,
15., TRANSPORTATION:
15'.l° The major roadways to' tie constructed 'on the, Property shall, be constructed
in' the l,ocatl0nS depicted on. the 'MDP, with reasonable adjustments
permitted ;for final engineering.
an, time utilizing accoess :fo the existing completed portion oa Coveped at
15.2 Excludin 200;000 s t_iare feet of office uses which ma
Y
rstone
Drive, the Applicant shall•, design and construct Couerstone Drive as a full,
section with raised, rfi''o ns o_ri a minimum W ;right =of way, '.utilizing the
fol 'owir g. ' asing)jkhedule
PHASE l,' Phase 1- shall. consist of the full fmir'lane section includingg a.
ten -foot trail from. Millwood Pike to the, first intersection on:
Co. erstone'`Dr ye as depicted 'on the MDP from .Point A to
Point; B. Said roadway, shall -be constructed to base •asphalt
prior to issuance of a certificate of ,,occupancy for any
commercial` building for the Property and /or ;prior .to ,issuance
of.., a >hutld,gg permit for ,any ;residential units, excluding model,
homes, located in; Land Bay 1. Phase 1 improvements shall
consist: o'f all necessary imprQvPment5,. ng. signal'zatlon
_when warranted by VDQT, to create aTour way intersection at
the'`exis`.ting;intersectiorf of lnveilee Way, and,IVlillwood Pike as,
shown on°tle 1VhDP.
PNe,`To `l`5
PHASE 2 Phase 2 sl'all consist of`.construetlgri of a .two 'lane' section of
CoAverstone; Drive ;from. Po n, Rioi Point G: as depicted ion, the
MDP Said'. roadway improvements, shall be 'completed. prior to
i "ssuance of.'.a certificate of occupancy for. any us,ee that would
cause the Property -to exceed 400,000 square feet of
commercial building area.
PI hASE 3; Phase 3 ,shhll�.consist of:construction of the temai'ning two lane
section of Covefstone Drive ;from; Point B toi Point 'C as
depicted on. the, MDP. Said roadway `imp fovcments rshall be,
completed prior. to issuance of a ceirtificate of occupancy for
any, use that would cause ;the Property to exceed '80.0,000
square `feet of commercial bdifding area
- P -HASE 4 The Applicant shall design .Coy 'rstone D "rive Extended as a'
four -lane section ,from Prince Frederick to,Relocated.Route 522'
gas depicted�froin{:Point D to Point E or "fora,maximum distance:
of .800. Efeet° when the alignment ,of'Relo`cated 522 ;has, been`
deteiiii`ined •by V!DOT and the right, of way., or this segment =of°
CouOrstone `Drive has ,been ,acquired by VDOT or Frederick
County ..li ,'the event that 'the.aligri rent, for relocated Route,522
has;;not. been •determined; or if `the ri'gh(of w. ,ay for Coverstone
I Drive Extended is not secured' by June 30, 2018 then the 11
Applicant shall pay to the. County $20;000 for :transportation
impfOVements, ,within the vicinity of the .'Property in lieu of
designing 'Said portion of Cove stone, .Drl,ve. The ,Applicant
shall` further, pay to the, County, $:1';000 •for each permitted
resideential unit as a contribute "on towards the future
construction of `C'overstone Drive= Extended, but �f the
conditions abbve have not been met by June 10, 2018 then
these funds; may' be used for other projects in the v,;icinity of the
Property,that; have a rational nexus to,'the Property. Such funds
shaff,.be�paid at the; tirrie'of building.: permit issuance for each of
fhe'perrnitted residential units.
15.3 Notwithstanding anyotherprovisions ofthese,proffers the Applicant ,shall
construct Coverstone Drive, ,.as a, ;full fourdane section as :required in
Proffer 152 from Millwood Pike` to Prince. Frederick Dr-iye prior to
mer l 225 Q medn eastbound left turn
cane shall be
constructed at the- existing Millwood Pike and Inverlee intersection:.;-prior
to'Novenaber' 1,'201`5.
hg&8 of 15
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1.5.,4 The Applicant 'shall.design and construct Tazewell Road as shown :on the
MDP as a minimum two lane roadway wrthin.ia variable widtht right of
way with e maximum 4fight, of way widthi lof 60'• to ,provide access to-
residential, uses 'within'. Land',. Bay 1' and, other commercial areas of ;,
;.
B "ay 2 Said M7`6 'h .,of way width shall;,be required for Tazewell Road
between Coverstones Drove and Pendleton: Drive. The; right of way and
road width shall decrease for the remaining portions of Tazewell 'Road.
Said roadway shall be.l constructed J)n phases as needed for future
subdwision plans 'Furthermore, no certificate of :occupancy for any
residential dwelling that is served by Tazewel'I` Road,', excluding model
li'omes,l shall lie, issued until; such :;time that access toy -Land Bay 1. from,
1VI 11wood; Pike s`pro vide d via Cov:erstone: briye +and Tazewell Road.
15.5 The Applicants �shallN; pay to the :County the amount of $75,000 for
sigrnalization or';other-;road improvements at the intersection. of Millwood.
Pike (U�SR.oute 50): and Victory Road' (Route 7.28),:, Such -funds shall.be
paid within sixty (60)' days ipfthejssuanqq of,theArst residential building
permit iri•Land Bay
15 =6 The Applicants shalt pay to. 'the :County the ,amount of =$-175,060 for.
sign alization or'other road ;improvements at the intersection of Costello
Drive land Prince I;redenc' Drive. Such funds hall be paid within, sixty
(60) days of receiving written request ,from the ::County •and VD-OT after
acceptance of Phase 2 Coverstone.:pri,ve _Improvements" per Proffer 15.2
into the' _State highway'system.
15.7 Access to. Mitlwood, °Pike- shall be.-lim fed,5to Coverstone 'Drive as shown
on: the MDP gw th the exception, of ;the private dr veway. :currently serving
IFM 64,A=83B_,; The; Applicart shall close said - ,'driveway once access is
prodded to TiVI= 64 A.. -83B via .the 'internal residential street.. network :as
depicted ;on the"IVIllP'. Additionally; the Applicant sha_I.1 close the =existing
crossover- pre�io,usly used for access to the golf course° concurrent with
Phase l improvements as provided ,by Proffer 15.2.
:15:8. Al _l pubI'ic right =of ways shall" be °dedicated ,to Frederick County as !part of
the. subdiuision;appro al: process, consistent: withtp 'I"cable Virginia law:
15:'9- All public streets and: r0a6" shall be designed; in in with; ,the
Virginia ,,Department of Transportation •,specifi'ca'tions, subject to' ,review
and approval by aFrederick, County and V D
OT
15 °:TFO A:11!- private streets and roads - shall be constructed7 in accordance with ,the
current Virginia :Department of',, ransportation structural standards, and asi
may be; inodif ed by'the County, and shall be -owned and maintained, by •the.
Property° Owne 'rs'Associationserved,by'such streets�or. roads'.
6ge 9 of 15
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1.5.,4 The Applicant 'shall.design and construct Tazewell Road as shown :on the
MDP as a minimum two lane roadway wrthin.ia variable widtht right of
way with e maximum 4fight, of way widthi lof 60'• to ,provide access to-
residential, uses 'within'. Land',. Bay 1' and, other commercial areas of ;,
;.
B "ay 2 Said M7`6 'h .,of way width shall;,be required for Tazewell Road
between Coverstones Drove and Pendleton: Drive. The; right of way and
road width shall decrease for the remaining portions of Tazewell 'Road.
Said roadway shall be.l constructed J)n phases as needed for future
subdwision plans 'Furthermore, no certificate of :occupancy for any
residential dwelling that is served by Tazewel'I` Road,', excluding model
li'omes,l shall lie, issued until; such :;time that access toy -Land Bay 1. from,
1VI 11wood; Pike s`pro vide d via Cov:erstone: briye +and Tazewell Road.
15.5 The Applicants �shallN; pay to the :County the amount of $75,000 for
sigrnalization or';other-;road improvements at the intersection. of Millwood.
Pike (U�SR.oute 50): and Victory Road' (Route 7.28),:, Such -funds shall.be
paid within sixty (60)' days ipfthejssuanqq of,theArst residential building
permit iri•Land Bay
15 =6 The Applicants shalt pay to. 'the :County the ,amount of =$-175,060 for.
sign alization or'other road ;improvements at the intersection of Costello
Drive land Prince I;redenc' Drive. Such funds hall be paid within, sixty
(60) days of receiving written request ,from the ::County •and VD-OT after
acceptance of Phase 2 Coverstone.:pri,ve _Improvements" per Proffer 15.2
into the' _State highway'system.
15.7 Access to. Mitlwood, °Pike- shall be.-lim fed,5to Coverstone 'Drive as shown
on: the MDP gw th the exception, of ;the private dr veway. :currently serving
IFM 64,A=83B_,; The; Applicart shall close said - ,'driveway once access is
prodded to TiVI= 64 A.. -83B via .the 'internal residential street.. network :as
depicted ;on the"IVIllP'. Additionally; the Applicant sha_I.1 close the =existing
crossover- pre�io,usly used for access to the golf course° concurrent with
Phase l improvements as provided ,by Proffer 15.2.
:15:8. Al _l pubI'ic right =of ways shall" be °dedicated ,to Frederick County as !part of
the. subdiuision;appro al: process, consistent: withtp 'I"cable Virginia law:
15:'9- All public streets and: r0a6" shall be designed; in in with; ,the
Virginia ,,Department of Transportation •,specifi'ca'tions, subject to' ,review
and approval by aFrederick, County and V D
OT
15 °:TFO A:11!- private streets and roads - shall be constructed7 in accordance with ,the
current Virginia :Department of',, ransportation structural standards, and asi
may be; inodif ed by'the County, and shall be -owned and maintained, by •the.
Property° Owne 'rs'Associationserved,by'such streets�or. roads'.
6ge 9 of 15
15.:'1.1. Thendesign of off site.road improyemerit shall be n general conformance
with theh-plan .entitled "Governors Hill Road Improvements" Sheets l -2, as
prepared: by Patton Ha is Rust and Associates; dated •October 30 2008.
Excluding 200;000 square feet of.'office� uses which may be deve'l`oped at
any time utfli7ing access to' the existing completed portion of Coverstone
Drive, off site °,improvements =shall be constructed .in three phases as,
depicted 'n the aforementioned plans as follows:
Phase,A ; Phase A ,improvementd's .shall consist of improvements at the
4ntersecf,ibi of Millwood Pike /.Inverlee Way /Coverstone. Drive
and' shall be completed cohi dent,'w hase 1. Coverstone:
D'r ve tconstruction per,Proffev 1.5.2.
Phase'B Phase B Jmprovements� shall consist; of improvements: at the
,; ..
intersections of Millwood Pike /Prince Frederick Drive and
Prince Frederick:Driue /Costello Dave;. Phase l3' improvements .
shahl'` e ,.c completed. ,coincident, with ftase:2_ Coverstone. Drive
constructi" per.Proffer 1151.
Phase G` Phase C Improvements: shall. consist`iof improvements At the
intersection of iVh I� v' od Pike /Sulphur Spring, Road., Phase C
improvements shall be ,completed, coincident with ➢Phase 3
'CoVerstone,.Drive construction." per Prdffer. 151
15.:1:`2` The Applcanttshall make good faith efforts to obtain any off -site right of
way needed a 'to .. complete any ' proffered off. =mite transportation
improvements. I the: event that the Applicant is not' 'able to obtain the
right of`way and,`turtt er, the County and/or State of Virginia =do not:;obtain
the necessaryri'ght of way, in lieu of constructing, the `road eimproveinent,
the'' Applicant shall provide a xmonetary contribution; to; Frederick County
that is qutualent' .to .the estimated construc'ti`on, •cost of "those road
iiIipr.gyement5 that •could: nu be .implemented!.; The construction cost
estimate shall be; subject to,review and •approval `by VDOT. The monetary
.contribution, shall .`coincide with. the ',commer..c al area threshold 'that
triggers =the off,, =site road improvement asi:dent2f_ed in Troffet '1;5:11
15„1_3 An <y fufure transportation, analyses which may tie ' requireed for the
Property, "shall, utilize; Code. 820 "Retail" per the I Tom_ Generation.
Manual 7`h Edition for any, commercial use other than off-ice use..
Yagc%JOFo f l 5.
15,14 lift "thd event, any proffered. qff7,§,it,v,roaO Impromements are constructed by
others, the Applicant shall. provide" ;a,:mo'netarY,.,contributjQn, to Frederick
costs of those-
-66- fify` that is ,equivaknt to the 'esti`rhated,
"not. jpsta I - I . ed 'by � .the App fi'c ant. The
proffered road improvemens,
construction ' cost -estimate sh- all bc subject to:. review l'ew and approval
a
l by
V00T', The ffiotefaryLcoitth4figr sha J J. coincide with, the ,commercial'
area .tfifdsho IdAfiattriggers the "off §ite road 'improvements .as identified
in
Proffer 151.,11.
1,6., CULTU!.R "A-L.'k-E,80'URCES' 'INVESTIGATION AND ,'PRESERVATION
The. Agpj jcapf,glh, If tdr-iduci,* or cause "to -he .coWd-acted4 Phase. I .Archaeological
Investigation of 'the or
-y,,, prior' to. the approval 0 6 first' "final' §
sub,&v,i's'ibnv pjan for the Property„ qifd, shall d6fii-til'efe: Phase Ill and 111
tq e y,
P
investigations I thoreoUa§ ma. - be nkrafed to be ne'e-es-sary, b he 'Pffftse I
e emo t
study,
17, ESCALATOR CLAUSE
1'7.-,1 14 thg;eyerit- any lmonetary` "C-'-qn0ibUti O-ffs� set -- forth ifi 4he Pfoder, Statement
;at
`paid; 'to: (*`T .,qr16k C .buffity Boar ,d� CO40t-y-s.0
pervii
sors (13oard")
12;; 2005'; as applied for by i* Applicant,
said ;contr,ibuti6ff§sha1-be.ibilie 'amounts. as stated herein. Any mone tary
the;proffet. State-m—ent,"W"hic'h itfe;vaid,t6, the Board
`
after A, months, following' October' f2; '2WQ5 �shl'd 14 ' be adjusted' in
accordance ; with ,tfto, Uiban Cbnsuiner Price JnUkj'OP14jr)'published "by
the Uni hod States Depatndrfof Labor-, such- that' atjiietine contributions,
are r I e pa id,, tffq-y- A611 be adjusted by "percentage ge change, in the CPI,-U'
fforn, 1% t date.: SOtrMShth§�4.aft 6fib6t6ber 12j�*l W 0
5 to the rn6k- fd6diftl'
availabld tPI-V $6` the -ddtO the i'-�o'-"n-tt-ibot-iohg are -,,paid, sUbjtdf t6 'a cap, of
5% compounded:
per'year, "non,
S'6NAT
-URrESAPPEAR ON'THEFOLLOWING, PAGES
Goveriars Hill, L
13y: MS Careers Valley.- Inves "tars, L;L C:,. Manari Menler
BY Miller and1Srruibilh ,,IVlana ez
a
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_ Cha�les,la::Stuart;;�r , anagcr- ,
IJ
STATE: BF VIRGINIA, A4 r A -'.R'.
FA IRFr1 "C61b, N' iY, Tee =wit:;
c3C7_ da of �E>Q o ll � E
The acltn pledged kicfare
NTy corrun sfggn cxp res,.
Notary Public _.
,
ND n�T Conrad
u, or t�xd Coimonwealtcy rginia'-
ePtemrner'30 "�- -Dl ►es
d
I
Page 4-- 201'5.
. Careers Valley, Development, L:L:C
By;. MS CazPerS; Galley° lnvestars, LL C , 7Nanai Meriher
By : MiButaiid ,Smut t, Ac.," Mana�cr
G ikles F -Stuart .�i , ariaKex
S 111,rC O£ VIRGINIA\, A`T,L`ARGL;
F
�CAR1Fr1� COUNTY; Ta -wit:
The,fo egouig. instrument Wvas "A-C, ow le lgcd kiefare me this'
to
2013, by `
psis' - '.�-' � - .�._,. •_ .
.., 11ly:C ,M- sstorisexpues _
Na.Eary Puilic
ra john t`donred
NOTARY- PUBLIC
Commonwealth of Vl[gliile
`� -- t 4`�.. ' My omm►ssaora Exp. res
_ �$ePtembr`f
01-20
P. c 13saF IS
Governors Wiff Itives'fois, L..L-.C.
By., ms t 4 'p, as a
l'eY-IInvestors;, I:..1 C
Charles,F. stuapt")r - d ager.
5rATr,:! OF VMGIMA A ,r'f_A'itG-EV
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niv foregoihg iristrqM.C1.1t. wSts riqx�!AM'b c' f 6're- in"c' this :
b7. cv
v
My- cbinniiss.tgn expj
p�
Nothrypubli.t.
d :coy 36hn T., Conrad
NOTARY PUBLIC
ss ci)FMW66t�-61th 01 vj_rglnia
Reg .41163184
My Commislilon &VIiis
rs UptemWr 30;� 241'6-�"
P,pgcA4,of 15-
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�._ . . 2013 b
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eg. 4716318
Ni MWIC
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_2-
2`025: Development tri "ggers,for;road:improements rernairi inplace, so: if economic conditions improve
and the development is° able to move forward sooner, the road improvements will -also move forward.,
The deadline forinstallation of a tefeturn lane -and median crossover to access Raven:Pointe remains' iri
placeunchanged.
This ordinance shall be'in. effect -on. the date of adoption.
Passed this, l 3;th day, of.November; 2013 by the follow.itig- recorded vote-
Richard C. Shickle, Chairman Gary A, Lofton
Robert A. Hess Robert 'W. Wells
Gene E. Fisher Charles S. DeHaven; Jr.
Christopher E: Collins
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
The undersigned owners hereby proffer that the use and development of the
subject property ("Property"), -as described, above, shall be in conformance with the.
following conditions, which shall supersede all other proffers' that may have been made
prior hereto. In the event-that-the above referenced rezoning is not.granted as applied for
by the Applicant ( "Applicant"), th'e "se` proffers shall be deemed .withdrawn and shall 'be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final, Rezoning" definedpas that :rezoning,that is in effect'.onthe day upon which the
Frederick County Board of County Supervisors (the `Board ") grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any ,provision of the, proffers. 'The improvements proffered ,herein shall
be provided at the time of development of that portion of the Property adjacent to or
including the improvement or other ,proffered requirement„ unless otherwise specified
herein. The term "Applicant" as referenced herein shall .include within its meaning all
future owners, assigns, and successors in interest. When used in these, proffers, the
.`Master Development• - Plan' - shall refer to the, plan entitled" "Master Development Plan,
Governors Hill" prepared by Patton Harris Rust & Associates, (the "MDP ") dated March
2008 revised. January 9, 2009.
1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in general
conformance with the MDP, and as is specifically set forth in these
Pagewl' of 16
PROFFER STATEMENT
REZONING;
RZ: #' : #10 -08: R4 and RA to R4 Formatted:'Line spacing: Exactly 13 pf
PROPERTY:
278.0 Acres -+ / -:.
Tax Map & Parcels 64 -A -83, 83A, 84, 85, 86, and 87 (the
"Property")
RECORD OWNER:
Carpers Valley Development, LLC and Governors Hill
LLC
.APPLICANT:
Carpers Valley Development, LLC and Governors Hill
LLC
PROJECT `NAME:
Governors Hill,
ORIGINAL DATE
OF PROFFERS:
March.24, 2008
REVISION,DATE
September 2; 2008; tOctober 31, 2008;.December 8;2008;
January 9, 2009; 1, 2013; June 17, 2013, July 23,
2013• Anust 15,:2013; September 6,:2013; September 26,
2013
The undersigned owners hereby proffer that the use and development of the
subject property ("Property"), -as described, above, shall be in conformance with the.
following conditions, which shall supersede all other proffers' that may have been made
prior hereto. In the event-that-the above referenced rezoning is not.granted as applied for
by the Applicant ( "Applicant"), th'e "se` proffers shall be deemed .withdrawn and shall 'be
null and void. Further, these proffers are contingent upon final rezoning of the Property
with "Final, Rezoning" definedpas that :rezoning,that is in effect'.onthe day upon which the
Frederick County Board of County Supervisors (the `Board ") grants the rezoning.
The headings of the proffers set forth below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interpretation of any ,provision of the, proffers. 'The improvements proffered ,herein shall
be provided at the time of development of that portion of the Property adjacent to or
including the improvement or other ,proffered requirement„ unless otherwise specified
herein. The term "Applicant" as referenced herein shall .include within its meaning all
future owners, assigns, and successors in interest. When used in these, proffers, the
.`Master Development• - Plan' - shall refer to the, plan entitled" "Master Development Plan,
Governors Hill" prepared by Patton Harris Rust & Associates, (the "MDP ") dated March
2008 revised. January 9, 2009.
1. LAND USE
1.1 The project shall be designed to establish interconnected mixed -use
residential and commercial /employment Land Bays in general
conformance with the MDP, and as is specifically set forth in these
Pagewl' of 16
•
'p"roffers subject to minor modifications as necessary upon final
engineering including-but not.limited to intersection alignments'.
1.2 All development, including street landscaping, shall be accomplished in
general conformance. with the "Governors Hill, Design and
Development Standards ", prepared 'by PHR &A attached hereto and
incorporated herein `by reference (the '`Design and Development
Standards ").
1.3 Residential uses shall be prohibited in the area identified as Land Bay 2
on the NIDR. Furthermore, Land Bay 2 shall be restricted to those uses
permitted in the General. Business (B -2) zoning district as specified in
the Frederick County Code Article'X, §165- 82B(1).
1.4 Except as modified herein, areas of residential development on the
Property shall be limited to Land Bay 1 and shall be developed in
conformance withthe regulations of the Residential Planned Community
( "R4 ") zoning district, including permissible housing types set forth ,in
the Frederick County Code Article VII, §165 -67 through §165 -72, as
cross - referenced to Article VI, ' §1;65 -58, through §165 -66., Univ types
and lot layouts within' residential Land Bays ,may comprise any of the
permitted unit types ;as set forth in the Design and Development
Standards, andauthorized for the R4 district, and these Proffers.
1.5 :Residential development on the Property shall not exceed 550 dwelling
units, with a mix of'housing, types• permitted in the R4 district. .IVlulti-
family units, as' defined by the.Design and Development Standards, shall
'not exceed 50% of the, total number of dwelling units developed, in the
project. No residential structures shall be closer than 2000 feet from the
centerline of the existingWinchester Airport runway:
1.6 Prior to the Property exceeding 1,285,000 square feet of commercial
building, floor area, the Applicant shall submit to the County a ,revised
Traffic. Impaci Analysis (TLA) for the Property.. The total permitted'
commercial building floor,area may increase provided that the Applicant
completes a revised traffic impact analysis which identifies the impacts
of'trips for commercial; development in excess of 45,815 Average Daily
Trips (AD T) and mitigation, if necessary for said impacts is provided by
the, Applicant in a.form that isfacceptable to the County and VDOT..
2'. CONSTRUCTION OF A UNIFIED'DEVELOPMENT
2.1 The Property shall be developed as one single and unified 'development
in accordance with applicable ordinances and regulations for the R4
zoning 'district,- "the NIDP as approved by the Board, and -this .Proffer
Statement.
Page 2 of T6
3. ACCESS TO ARMORY PARCEL
3.1 The Applicant ;sha', gnhas designed and eenstruetconstructed a
two lane public roadway, identified on the MDP as Pendleton Drive;
from Arbor Court to the entrance of the Armory Site (TM 64 -A -82) 4e
eeineide with the pf the knyi;fy,). At such time that
Tazewell Road is constructed to Pend-letan Drive as depicted on
the MD P, the Applicant shall extend Pendleton Drive to connect with
Tazewell,Road.
4. PHASING OF RESIDENTIAL DEVELOPMENT
4.1 Building permits for Land' Bay 1 of the Property shall be issued on the
following phasing schedule:
Year, 1(Months 1 -1.2): 140'- buildingpermit's.
Year, 2 (Months 13 =24): 140 buil ding 'permits.
Year 3 (Months 25 -36): 140 building,permits
Year 4 (Months 37 -48): 130 buildingpermits
The above identified phasing schedule is taken from the Date, of Final
Rezoning' (DFR). Any `building permits not issued within any .given year
may be carried over to the following year, however: the Applicant shall not
make application for more than 200; residential building: permits in any
given year.
4.2. Commercial and ernployment:uses may be constructed at anytime:
4.3 Improvements including <a 3,000 square -foot community. center, 3,500
square feet of neighborhood swimming pools, and a dog park shall be
constructed in conjunction with residential development. in Land Bay 1
and the land therefor' shall, be: dedicated upon completion of the
improvements to fhe Property Owners Association.: The location thereof
shall be depicted on final subdivision plans for 'such residential
development. These recreational amenities shall serve to meet the
requirement of l recreation unit per 30 dwellings. These improvements
shall. be .completed. prior to the issuance of the 281 st residential building
permit.
5. ARCHITECTURE; SIGNAGE, AND LANDSCAPING:
5.1 All buildings on the Property shall be constructed using compatible
architectural ,styles. The Applicant ,shall establish one or more
Architectural Review Board's through the required Property Owner
Association to be created to enforce and administer a unified development
plan; in,,general.conformity with the Design and Development Standards.
Page 3 of 16
5.2 All signage within the Property shall be in ;substantial conformity with a.
comprehensive sign plan •that meets the requirements of the Zoning
Ordinance• for signage;_ which shall be submitted in conjunction with the
first final site or subdivision plan for the Property.
6. PEDESTRIAN TRAIL SYSTEM AND.RECREATION AREAS
6.1 'The Applicant shall design, and build a public pedestrian - bicycle, trail
system to Virginia Department of Transportation standards that links
residential and commercial areas within.the development. Sa_.id trails,shall
be in the locations generally depicted on the MDP'. To the extent that such
trails are not depicted on the,MDP at the time of Final Rezoning, such
trails shall be connected with or linked to the internal street and sidewalk
network: Sidewalks shall . be constructed on public streets to VDQT
standards; and a minimum, of four -foot sidewalks shall be constructed on
private streets: All combined pedestrian/bicycling trails shall be 10 feet
wide, and shall have an asphalt surface.
7. FIRE &RESCUE:
7.1 The Applicantshall contribute to the Board the sum of $422 per dwelling
unit for fire and rescue purposes, payable upon the issuance of a` building
permit for each dwelling unit.
7.2 Following Final Rezoning, the Master POA to be created in accordance
herewith shall contribute annually, on or before.July I" of each year, the
sum of $100 per constructed residential unit, and $100 per '1000 square
feet of constructed commercial (not including any land in public use);, to
the fire and .rescue company providing first response service to the
Property. Such contribution shall be monitored and enforced by the
master POA, and the Boar&ffiay require an accounting of such payments
at such times and upon such conditions.as it may determine necessary.
Said monetary contribution `shall cease at such time that the, fire sand rescue
company providing first response service is no longer a volunteer
operation.or• should the County�adopt a fee for service. plan to provide fire
and rescue services.
8. SCHOOLS:
81 The Applicant 'shall contribute to the Board. the sum of 51,714 per
dwelling unit for educational purposes, payable upon the issuance of a
i
building perinitfor each dwelling.unit.
-Page 4 of'16
9. PARKS & OPEN SPACE:
9.1 The Applicant shall contribute to the Board the sum of'$3:43 per dwelling,
unit for recreational purposes, payable upon the issuance of a' building
permit for'each dwelling unit.
10. LIBRARIES:
10.1 The Applicant shall contribute to the Board the sum of '$79 per dwelling
unit for library, purpose s; payable upon the issuance of a. building permit
for each dwelling'unit:
11. ADNIINISTRATION BUILDING:
11.1 The Applicant shall "contribute to the Board the. sum of $79 per dwelling
unit-upon 'issuancel of a building permit for each dwelling unit to be used
for;construction of.a general governmental administration building:
12. CREATION OF PROPERTY OWNERS' ASSOCIATION:
12.1 The Master Property Owners! Association to be created in accordance
herewith shall be "created contemporaneously with the first final site or
subdivision. plan submitted for the:Property..
12:2 The Applicant shall establish a Master Property Owners' Association
(hereinafter "Master.P,OA'') for Governors Hill, in. its entirety, that shall,
among other things, have responsibility for ,assuring compliance with
design guidelines and standards, signage requirements, landscape
maintenance, and similar matters: Any homeowners' or property owners'
associations created;'for commercial or residential uses individually shall
act as a subset of the Master`POA.
12.3 The' residential portion of-the development shall be made: subject to one or
more Property Owners' As (hereinafter "Residential POA ")
that shall be; responsible for the, ownership, maintenance and repair; of the
community center; walking- trails in Land Bay 1, swimming pools, all
common areas, including any conservation, areas that may be established
in accordance herewith not dedicated to the County or others, and,
stormwater management facilities not, dedicated to public use in Land' Bay
1, for each area subject to their jurisdiction, and shall be provided such
other responsibilities,, duties, and powers as are customary for such
associations or as may be required for such Residential POA herein.
12.4 In addition to such, other duties and responsibilities as may be assigned, a
Residential POA shall have•title to ':and responsibility for the following in
Land Bay 1: (i) all common open space areas not otherwise dedicated to
` ,Page 516f.16
public use, (ii), common buffer areas located outside of residential lots;
(iii) private. streets serving the residents who are members of such
association; (iv)` common solid waste disposal and' recycling programs,
including curbside pick -up of refuse by a private refuse collection
company, and (v) responsibility for the perpetual maintenance of any
street, perimeter, or road buffer, areas, all of which buffer areas shall he
located within easements to be granted to the Residential POA if platted-
within residential or other lots, or otherwise granted to the Residential
POA by appropriate instrument.
12.5 The Residential POA. shall be so established that it-possesses all necessary
powers to set and revise fees and dues in sufficient sums to ,perform the
responsibilities assigned, to -it hereunder and under the Declaration, to be
recorded creating such Association. In addition, upon any conveyance of
A residential unit from ,the, builder thereof to a home purchaser, there shall
be a fee paid by the home purchaser to the Residential POA in an amount
equal to three times the then - current monthly residential dues applicable to
the unit:so conveyed.
12.6 Any commercial portion' of'the, development, (with the exception of any
property owned or leased: by the United States, or Frederick County) shall
be made subject to one or more Property Owners' ,Association(s)
(hereinafter "Commercial PGA "). Such Commercial POA(s) shall. be'
responsible for 'the ownership, maintenance and repair of all common
areas in Land Bay 2, including any conservation areas that may be
established `in accordance herewith not dedicated to the County or others,
and stormwater management facilities (under common (open ,space)
ownership) not dedicated to, public use for each area subject' to their
jurisdiction, and shall be- provided such other responsibilities, duties, and
,powers as are customary for such associations or as may be required for
such Commercial` POA herein.
12.7 In addition to such other, duties sand responsibilities as may be assigned, a;
Commercial POA, in Land Bay 2„ shalfhave title to and responsibility for
(i),all common open space areas, not otherwise dedicated to public use, (ii)
common buffer areas located outside of commercial lots; (iii)
responsibility for the ,perpetual maintenance of any street, perimeter, or
road buffer areas; all of which buffer areas shall be located. within
easements to be granted to the Commercial POA 'if platted within
commercial or other lots, or parcels, or otherwise granted to the
Commercial POA,by;appropriateinstrument.
13. WATER & SEWER:
13.1 The Applicant shall he responsible for connecting the Property to public,
water and sewer. . It shall, further be responsible for constructing all
facilities.required for such connection at the Property boundary. All water
'Page 6 of 16
and sewer . infrastructure shall be constructed in accordance with the
requirements of the, Frederick County Sanitation Authority.
14. ENVIRONMENT:
14.1 Stormwater management and Best Management Practices (BMP) for-the
Property shall be provided in accordance with the Virginia Stormwater
Management Regulations, First'Ed, 1999, Chapter 2, Table 2-3.
14 2 The Applicant shall provide notice in all sales literature, in covenants,• Formatted: indent: Left: o.s Hanging: os°
conditions and restrictions.for any Property Owners' Associations, of-the
adjacency of the'Winchester Regional Airport. , / Formatted: Font: Garamond
-1-4314.2 n « «1:,... «t > 11 een§uh w4h the Emeeutiye n eet6O (,F the
A: 814 ith et to the granting.ef a reasonable avigation easement to
:ide f.' i4he etee fie . f A E)14 atie and ..ha44 deddie -At„ eh
easement, t and Aoplmieafit °"al tually agree. aid
... ,:....t:..« o..�efne -..t hall be dedjgated ffieF t.) i s anee .e ' -the 1"building
Pe r the PrepeFty.. The Applicant shall provide noise attenuation
treatment for,all residential units.
15. TRANSPORTATION:.
15.1. The major roadways to. be, constructed on the Property shall be constructed.
in the locations depicted on the MDP, with reasonable adjustments
permitted for final engineering:
{ 15.2 Excluding 2001000 square feet of office uses which may be 'developed .at
any time utilizing access to the existing completed portion of Coverstone
Drive, the Applicant shall design -and construct Coverstone Drive. as a full
section with. raised medians on a. minimum 90' right-of-way, utilizing the
following phasing schedule:
PHASE l: Phase 1 shall: consist of the full four lane section including a
ten -foot trail from Millwood Pike to they °first intersection on.
Coverstone Drive as depicted on "the MDP from ,Point A to
Point B. Said '.roadway shall be constructed to base asphalt
prior to issuance�of a certificate of eeeupartyoccupancy for any
commercial building for the Property and /or prior to issuance
of a building permit for any residential units, excluding model
homes, located in Land Bay 1. Phase 1 improvements shall
consist of-all necessary improvements, including signalization
when warranted `by VD.OT, to create a four�way intersection at
the existing intersection of Inverlee Way and Millwood Pike as
shown on theMDP..
Page 7'of 16
PHASE,2: Phase 2' shall consist of construction of a two lane section of
Coverstone Drive from Point B to Point C as depicted on the
MDP. Said roadway improvements shall be completed prior to
issuance of a certificate of occupancy for any use that would
cause the Property' to exceed 400,000 square feet of
commercial building area.
PHASE 3: Phase 3 shall consist of construction of the remaining two lane
section of Coverstone Drive from Point B to, -Point C as,
depicted on the NIDP: Said, roadway improvements shall be
completed prior to issuance of a certificate of occupancy for
any use that would cause the Property to exceed 800,000
square feet of commercial building area.
PHASE 4: The Applicant shall design Coverstone Drive Extended as a.
four -lane section from ;Prince Frederick to Relocated Route 522
as depicted`from Point to Point E or for a maximum distance
of 800 feet when the alignment of Relocated 522 has. been
determined by VDOT,.and the right of way for this segment:of
Coverstone Drive has been acquired by VD_OT or Frederick
County:an „ the -event that-the, alignment for relocated: Route 522
has not been' determined or if the right of way for Coverstone
Drive Extended is not secured by June '-3,0, 2018, then the
Applicant shall' °pay to the County $20,000 for transportation
improvements within the vicinity of the Property in lieu of
designing said; sportion of Coverstone Drive. The ,Applicant
shall further pay to the County $1,000 for each permitted
residential unit as 'a contribution towards the 'future,
construction of Coverstone Drive Extended, but if the
conditions above have not been met by June 30, 2018 then
these funds may, be dsedfo'r other projects in the vicinity of the
Property. that have a rational nexus to the Property. Such funds
shall, be paid at'the time of building-permit issuance •for -each of
the permitted residential units.
15.3 Notwithstanding an ”" other provisions of these proffers, the Applicant shall: formatted: Indent: Left: 0.5 °, Hanging:
y . P.
construct Coverstone Drive as a full four -lane section as required in 9.5 °, Space After: 0 pt
'.Proffer 15..2 from , Millwood, Pike 'to, Prince Frederick Drive prior to
November 1> 2025. A median break..and eastbound left turn lane shall be
constructed :at; the existing Millwood Pike and Inverlee intersection. prior.
to November 1, 2015.
Page of; 16
40 0
• 0
15.4 The Applicant shall design and. construct Tazewell Road: as shown on the
MDP as a minimum two. Lane roadway within a variable width right of
way with a maximum right of way width of 60' to provide access to
residential uses, within Land Bay 1 and other commercial areas of Land.
Bay 2. Said 60' right of -way width shall be required for Tazewell Road
between Coverstone Drive. and Fanee. Pendleton Drive. The
right of way and road width shall decrease for the remaining portions of
Tazewell Road. Said.roadway shall be constructed in phases as needed for
future subdivision plans. `Furthermore, no certificate of occupancy for any
residential dwelling that is served by Tazewell Road, excluding model
.homes, shall be issued until such time that access to Land Bay 1 from
Millwood Pike is provided via .Coverstone Drive and Tazewell Road.
15.5 The Applicants shall 'pay to the County the amount of $75000 for
signalization or other .road improvements at the intersection of-Millwood
Piked(US Route '5.0) and Viciory Road (Route 728). Such funds shall be
paid within sixty (60) days of the issuance of the first residential building
permit in Land Bay' 1.
15.6 The Applicants shall pay to the County the amount of $175,000 for
signalization or other road improvements 'at the intersection of Costello
Drive and Prince Frederick Drive. Such funds shall be paid within sixty
(60) days of receiving written ,request from the County and VDOT after
acceptance of Phase '2 Coverstone Drive Improvements per Proffer T5.2
into the State highway system.
1 -5.7 Access to Millwood -Pike shall be limited to Coverstone Drive as shown
on .the MDP with the exception, of the private driveway currently, ,serving,
TM 64 -A -8 )B. The Applicant shall close said driveway once access is
provided to TM 64 -A -83B via the internal residential street network as
depicted onthe MDP. Additionally, the Applicant shall close, the .existing
crossover previously used for access to the golf course concurrent with
Phase 1 improvements as provided.by Proffer 1.5.2.
15.8 All public right -of -ways shall be dedicated to Frederick County as part of
the subdivision approval, process, consistent with applicable Virginia law:;
1'5:9 All public streets and roads shall be designed in accordance with the
Virginia. Department of Transportation specifications, subject to review
and approval by Frederick County and VDOT.
15 _I0 All private streets and roads ,shall be constructed in accordance with the
current. Virginia' Department of Transportation structural standards, andias
may be modified by the County, and shall be owned..and maintained by the
Property Owners Association served bysuch streets or °roads.,
Page 9 of 16
15.11 The design,of off -site road improvements shall be in general, conformance
with the plan entitled "Governors Hill Road'Improvements" Sheets 1 -2, as
prepared by Patton Harris Rust and Associates, dated October 30, 2008.
Excluding 2001000 square 'feet,of office uses whichl may be developed at
any utilizing jaccess,to the existing completed portion of Coverstone
Drive, off site improvements shall be constructed in three phases as
depicted on the !aforementioned plans as follows:
Phase A: Phase A improvements shall consist of improvements at the
intersection of Millwood Pike/Inverlee. Way /Coverstone Drive
and shall be completed coincident with Phase: 1 Coverstone
Drive construction per Proffer 15.2.
Phase B: Phase :B improvements shall consist of improvements at the
intersections of Millwood Pike/Prince Frederick Drive and
Prince FrederickDrive /Costello Drive. 'Phase B improvements
shall be completed coincident with Phase 2 Coverstone Drive
construction per Proffer 15.2.
Phase C: Phase C improvements shall consist of improvements at the
,intersection of Millwood Pike /Sulphur Spring Road. Phase C
improvements shall be completed coincident with Phase 3
Coverstone Drive construction per Proffer, •15.2.
15.12 The Applicant shall make good faith efforts to obtain any off -site right of
way needed to complete any proffered off -site transportation
improvements. In the event that the Applicant is not able to obtain the
riglivof way, and, further, "the County,and /or State of Virginia do not obtain
the necessary right of way, in lieu of constructing the road improvement,
the,Applicant shall-provide a monetary contribution to Frederick 'County
that is equivalent to the estimated construction cost of those road
improvements that could not be implemented. The construction cost
estimate shall be subject to review and approval by`VDOT. The monetary
contribution. shall coincide with the commercial area threshold that
triggers the.off -site road improvement as identified in Proffer 15:11.
15.13 Any- future, transportation analyses which may be required '.for the
Property, shall utilize Code 820: "Retail' per the I:T.E. Trip Generation
Manual 7`h Edition for any commercial use other than office use.-
Page 10 of 16
15.14 In the event any proffered off =site road improvements are constructed by
others, the Applicant, sha11 provide; a monetary contribution to Frederick
County that is equivalent to the estimated construction costs of those
proffered road improvements not installed by the Applicant; The
construction cost, estimate shall be subject to review and approval by
VDOT. The monetary contribution shall coincide with the commercial
area threshold that triggers the off -site road improvements as identified in.
Proffer 15.11:
1 "6. CULTURAL •RESOURCES• INVESTIGATION AND PRESERVATION
The Applicant shall conduct or cause to be conducted a _Phase I Archaeological
Investigation of the Property, 'prior to the approval of the first final site or
subdivision plan for the 'Property, and shall complete Phase II and III
investigations thereof ias may be demonstrated to be necessary by the Phase I
study.
17. ESCALATOR CLAUSE
17.1 In the event-any monetary contributions set forth in the Proffer Statement
are paid to the•.Frederick County Board County Supervisors ( "Board ")
within 30 months of October .12, 2005, as applied for by the Applicant,
said contributions shall, be in the amounts as stated herein. Any monetary
contributions set-forth in'the Proffer" Statement whi'ch:are paid to the Board
after 30 months following, October 12, 2005 shall be adjusted in
accordance with the Urban Consumer Price.Index ("CPI -U'') published by
the United States Department of Labor, such that at the time contributions
are paid, they shall be adjusted by the percentage change in the CPI -U
from that date 30 months after October 12, 200'5 to the most recently
available CPI =U to the date the contributions are paid, subject to a cap of
5 %o-per year, non - compounded.,
SIGNATURES APPEAR:ON THE FOLLOWING PAGES
Page l l of, 16
Governors Hill, L.L.C.
By; MS Carpers Valley Investors, L.L.C., Managing Member
By Miller and Smith,Inc., Manager
Charles F. Stuart,:) 34�e
Win., - Manager
:Page 12 of.16
i 1
j
Ser�ie�
Viee
rzcsxacrrc
0
STATE OF VIRGINIA, AVLARGE
RJ_ P- I4F JRFAX COUNTY, To--wit:
The foregoing instrument was acknowledged before.me this day of
220G%2013, by
My commission expires
Notary Public
Carpers. Valley Development, L.L.C.
By:; 'MS Carp.ers ValleyI'nvestors, L.L.C., Managing Member
By: Miller and.Smith Inc.,'Manager.
Page' l3 "of 16
Charles F. Stuart, Jr a
Win. Manaeer
Ghafles
r� vcaar
.Ser�ie>
STATE OF VIRGINIA. AT'LARGE
1iR:PB TdC-KFARIFAX.COUNTY, To -wit:
The foregoing instrument was�achnowledged before me this day of
?9A920I3,by
My commission expires
Notary Public
Page 14 of.16
0
i •
Governors Hill Investors. L.L.C.
B y.- MS Carders Valley Investors-T.L.C., Managing Member
Charles F. Stuart, Jr., -Manager.
STATE'OF VIRGINIA AT LARGE
FARIFAX COUNTY To -wit:
2013, by
My commission expires
N=Q; Public
Page 15 of 16
Formatted: Font: Garamond
Formatted: Normal, Space After: 0 pt, Line
spacing: Exactly 13 pt, No bullets:or
numbering, Tab stops: Not at 1"
MS Careers - Valley Investors. L.L: "C.
MS Carers Valley Investors, L.L.C.. Managing Member
Charles F! Stuart, Jr., Manager
STATE OF VIRGINIA AT LARGE
Fr1RIFAX COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
2013,
Page 16 of l6
r
John Bishop
From: Ronald Mislowsky [RMislowsky @Pennoni.com]
Sent: Thursday, `September 26, 2013 2:42 -PM
To, a John Bishop
Subject: FW: Governors Hill Proffer Amendment
Attachments: 2013 09,16'- Request to modify proffer.pdf; Gov Hill Rroffer 2009 version.pdf; Gov Hill Proffer`
Amend 9- 643 - signed 9- 12 =13.pdf
John, please see the,airport comment below.
Ron
From: Renny Manuel [mailto:okvmanuelO)comcast.ne -1
Sent: Thursday; September' 26, 2013 2:19 PM
To: Ronald Mislowsky
Subjects RE: Governors Hill Proffer Amendment
Good °afternoon RonI
I apologize for the delay in getting an answer however Mark Flynn had a family medical emergency and wasn'table to
respond right away.
An behalf of the Airport Authority is okay with the proposed, amendment: you submitted with your email of 9/1:6/2013
regarding the proffer statement for the Governors Hill project. I have copies Mark's response as follows
Ronny,
The last sentence of the 2009 version in §.14.3 on providing noise attenuation is now in proposed § 14.2 so
'that's fine. In addition,'themoise attenuation provision is set out in paragraph 4 of the recorded 14 January 2009
'avigation easement.
;I.do-think the* recordedvasement satisfies the first part of the 2009 proffer agreement, so the elimination of the
proffer condition is acceptable.
Let.me know if you 'have any other questions on this.
Mark K. Flynn
804 400 1321 mobile
markkflvnn2gmail,00m-
Please let me know if you need :anything further from my office or if this email suffices. Thank you, Renny
screnu (Kenny) Manuel
Executive Director
Winchester Regipnul A port Authority
-4 Airport Road -
Winchester, Virginia 22602
(SAO) a62 -5.786
�f� ^enmcnat.net.
i
From': Ronald Mislowsky G ailtia:RMislowsky@Pennoni.GAml
Sent: Thursday; September, 19; 2013 5:32 PM
To:'Serina'Manuel (okvmanuelDcamrask.net)
.Subject: Governors Hill Proffer'Amend
Serina, have you heard anything back from Mark Flynn?
Thanks,
Ronald Mislowsky
Associate Vice President
Office Director
Pennoni Associates, Inc.
117 East'Piccadilly Street
Winchester, VA 22601 -5002
Office 540 - 667 -2139
-Direct 540- 771 -2085
Mobile 540= 664 -2110
,http: /%www:aennoni.com / RMlslownkvcfoonnonl.com
Consulting, Engineers providing.:.
Environmental _ Geotechnicai — Inspections ,& Testing - Land Development MEP'
Landscape Architecture - Structural — Survey- Transportation - WatedWastewater
2
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�gaaQa,565 0
THIS DEED IS EXEMPT from ihe,staie recordation taxes imposed by Virginia Code. §58.1 -801, pursuant
to Virginia Code §58.1- 811(A)(3).
THIS DEED OF,,EASEMENT AND RESTRICTIONS is made this 14th day of January, 2009, by and
between CARPERS VALLEY DEVELOPMENT; 'L.L.C., a 'Vir mta limited -liability company, and
GOVERNOR'S,; HILL „L.L.C., A Virginia.limited ,liability company (collectively, the "Grantor ") and
THE' WINCHESTER REGIONAL AIRPORT AUTHORITY a political subdivision' of the
Commonwealth of,Virginia ( "Grantee "),
WHEREAS; the ;Grantee is the owner of'the 'Winchester Regional Airport ( "Airport"), located within
Frederick County, Virginia
WHEREAS the Grantor is the owner of certain real:property,.described to Exhibit A;
'WHEREAS the zoning ordinance of ifie ,county :of'Frederick requires an. avigation 'easement -for any
:properties that are subdivided that lie within the airport support ;area as shown in the zoning maps of'the
County;• and
WHEREAS, the parties desire to set out the,rights and - responsibilities' of each related to the Airport.
W.T•TNESSET.H:
Definitions.
As'used herein:
The term "navigable airspace" means airspace above the minimum, altitudes' of'flig}it prescribed
by regulations under Title 14 of the Code of Federal Regulations ("C.F.R. ' ) Part 77, including airspace
needed to ensure safely in the takeoff and landing of aircraft'.
The" term ;:'Property" shall mean the'ieal property `s located in Frederick County; Virginia, and.more
particularly described in Exhibit.A, which is attached; hereto. and incorporated herein by this reference.
The term "structure" shall mean any object; including a mobile object, constructed ,or erected by
man, includingbut not limitedto :. buildings, ;towers, coinniunications towers, radio and television antennae;,
cranes, smokestacks, earth formations, overhead transmission lines, and flag poles.
THAT for and in consideration of the mutual benefits to the parties hereto, the Grantor hereby
grants to the Grantee a permanent avigatior,,easement .across the Property, subject to the terms. and
conditions set forth herein below, and in accordance with`the regulations established pursuant to Title 14,
CF-:R. Part 77 , to. wit:
°o
<N
1.'THATI'the Grantor, for itself, its heirs, successors and assigns, grants ti4fo Grantee fbilthe benefit
p the use and operation of the Airport, aright of the,,public and specifically, without
of the public tri
limitation, owners
operators and occupants.of aircraft'to use the navigable over'the Property and
fof all said persons and entities to cause in. the navigable ,airspace above the Property such light, sound,
noise, smoke, and- vibration as may be inherent in orrelated to the operation of.airemft.using said navigable
airspace for landing at, taking off from, or otherwise operating;at•or about,the Airport.,
2. THAT` Grantor, for. itself, its successors: and;assigns; and for the; benefit of the public in the use
and operation of the Airport and the airspace above the,Airport, covenants and agrees that it will not use
the Property, orpermit any use of the Property, :in, a manner - that Would constitute, an obstruction to the
passage of aircraft using the navigable airspace above the Property for landing at, taking off from, or
is -p g .t An y P operty, orperib any use of the
otherwise o gratin at,or,about,the ort and that the will not use the Pr
Property, in a manner, includin Bastin of h t into the airs ace `above the Property, which would present
a hazard to' any aircraft using,, the navigable airspace,above the Property for landing at, taking off from, or
otherwise operating at or about the Airport.
I THAT Grantor for itself, its successors. and assigns, 7covenants and agrees with the Grantee that
for the benefit' of the public in the use and. operation of the Airport, they will' not hereafter, establish,
construct, erect or, grow, or permit the establishment, construction, ,erection or growth of, any structure or
vegetation,whethernaturaI or man-made; which would penetrate into or through the airspace de %ili Airport.
Further, Grantor acknowledges that no permit shall be obtained that would allow the. establishment of or
creation 'of ,an airport hazard or a,hazard to air navigation.. The issuance>of a construction °permit shall li'e
deemed to confirm that. any improvements shown or reflected on the plans associated with the permit do
not constitute a hazard to either � the, airport or to air navigation.
4. THAT Grantor coveri'ants and agrees` with the Grantee fhat Grantor shall provide noise
attenuation treatment for all residential structures its,constructs'within the Property.
5. Except as specifically provided herein,, Grantor„ for itself, its successors and assigns, hereby
" releases Grantee ,from any and all claims, liability- or causes of action that they have or will, have against
Grantee on,acco
unt, of noise emanating upon the,Airport now or hereafter incident to the operation of aircraft
landing at, or taking off from, the Airport.
THE GRANTEE TO HAVE AND TO HOLD such, easement and, all rights appertaining thereto
under the Grantee; its 'successors and assigns, with the understanding and agreement that. the covenants,
• restrictions and agreements set, forth herein shall be binding upon the successors; in. .,interest and assigns of
the Grantee and Grantor, and that these covenants and agreements shall run with the land, unless and until
the Airport is abandoned..In the event 'the >Airport;is abandoned 'this easement shall automatically tent inatei,
,and title to the Property, unencumbered by this easement and the restrictions set forth herein, shall
{ automatically revert t0 the Grantor of its successors in interest, as applicable,_ without the need of any,
further. action by the parties or their successors.
2
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WITNESS the followingsignatures and seals:
[SIGNATURES•ON'FOLLOWING PAGES]
}
i
3
1
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W
CARPERS VALLEY DEVELOPMENT, L- .L•.C•"
By: MS Catpgfs Investors,; L.L.C., Member Manager'
By: ,Miller, and Smith,. Inc., Manager
- zll�
By-.,
`Name. Charlesi:F' ;St ;•Jc.
Title: Senior Vice President
STATE' OF VIRGINIA
COUNTY OFTAIRFAX
The ,foregoing instrument was duly acknowl edged 'before me this ' day. of January; 2009, by
tirks F. Sfv01,0 T as - SCvri y, ✓P of :Miller and Smith, Inc'., Manager of,-MS
Carpefs',Investors'; L.L.C., Member Manager of :Carpers, Valley Development, L.L.C, on behalf of the
company:
-No -P-Ublic
,My Commission Expires:
My Notary Registration Number's:
o�GZ-
4
I
. i
i
GOVERNOR,, S; HILL, L.L.0
By: MS Carpers Valley Investors„ L,L.C., Member Manager
: _ ager
B y' Mill er and nth, Man
Name: Charles.-F. Stu ; Jr.
Title: Senior Vice President
STATE OF VIRGINIA
COUNTY OF FAIRFAX
The; foregoing instrument was duly acknowledged before°me this `� day'of January, 2009', by
GhA -'C41 F SfitZ 7T"- as $ey±rtii,�yp of Miller and Smith, Inc., Manager of MS
Carpers Investors !;L.L.C°:, the Manager of Goverrior'siHill, L.L:C., on behalf of the company;.
N' ary;Public
MyCommtission Expires: g(3L�30i0
Ivly Notary Registration, N umber 'is:
' II
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cn
EXHIBIT A PROPERTY DESCRIPTION `J'
ToAe Deed'of Easement and Restrictions °between Carpers Valley Development= L.L.C., and
Goverrior's Hill L.L.C: (Grantor) and The Winchester Regional Airport:Auihority (Grantee):
Property belonging to the Grantor: _
Tax-Map Parcel 64 =A -83 consisting of I I6.25094acres established by instrument: #060007880
Tax _ Map, Parcel; 64- A- 83A. consistingof •14.242;acresestablished by instrument= #050027203
'Tax Map Parcel.64 -A -84 consistingeof724 :4739 acres'acquired on February 13, -2008 from the,
Mary K. Hockman Trust.
Tax Map Parcel 64-A-85 consisting of..9183 acres acquired on February 13, 2008 froth the Mary
K. Hockrnan T usl.
TaxMap Parcel 64 -A -86 consisting of 11077:4399 acres established by instrument #06000376`1
Tax;Map Parcel 64 -A -87 consisting of 17.9745' acres' established by instrument# 070009431
Viia,iA A: F'k,'II -mvr` CCUNTl':SCT:
Thts.instrwncnto [ u:riIin was produced.to'm^eoil
and widreertifiCate acknowledgOnent'ihereto annexed
was admitted torccord. Tax imposed,bySea 581- 802 'of
and 58. f -801 have beeil paid, if assessable.,
Clerk
S - Checklist: Check the followin;g'items that have been included with, this application.
Location map 0 Agency Comments
'Plat i Fees
Deed to property Impact Analysis Statement
tion of taxes paid _Ci— Proffer Statement _.
Plat�depicting exact meetsand`bounds for thefproposed zoning districi
Digital copies (pdf s)sof'all.submitteddocuments; maps and,exhibits
G. The. `Code of Virginia.allows us,to request full .disclosure of ow,neeship in relat'iou. to
rezoning applications.
Please list, below all. owners or parties in; nterest, of the, land to,.be rezoned:
7. Adjoining Property SEE ATTACHED
PARCEL. ID NUMBER USE ,ZONING
8. Location: The property, is located at (give -exact location based on nearest road and distance from
nearest interseciion, using road name's and .route numbers):•
The properties; are located; approximately one mile east of Interstate 81 on the: south side of
Millwood Piket(Route '50' East)', across':from °Sulphur Springs .Road (Rt. 655) and TI e;Ravens
SubdiVisibn.
13
9. The following inforination should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi- Family:
Non- Residential Lots: Mobile Home: Hotel Rooms:
Sc uare Footage of Proposed Uses
Office: Service Station:
Retail- Manufacturing-
Restaurant:- Warehouse:
Commercial: Other:
10. Signature:
.l (we), the undersigned, do hereby respectfully make application and petition.the Frederick
County Board. of Supervisors to amend the zoning ordi'nance'and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that-the sign issued when this application is submitted must be placed at'
the front property line at'least seven days prior�to the'Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right -of way until the hearing.
I (we)' hereby certify' that this application and 'its accompanying materials are true and
accurate-to the best of my (our) knowledge.
Applicant(s): Date:
Date:
Owner(s),
Date-.
ZL Date;:.
AiY Z< e
•
REZONING APPLICATION FORM
ro y
FREDERICK COUNTY, VIRGINIA
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-Esiate- Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Pennoni Associates Inc. Telepbone 540- 667 -2139
c/o Ron Mislowsky, PE
Address: 117 .E. Piccadilly Street, Winchester,, VA 22601
Winchester,, VA 22601 .
2. Property Owner (if different than above):
,.,. Name: Governors Hill, LLC, & Telephone: 540 -722 -9566
arpers' Valley Development, LLU
Address: 480 West Jubal Early Drive, Suite 330
Winchester, VA.22601
3. Contact person if other.-than above:
Name: Telephone:
4. Property Information:
a. Property Identification Number(s): 64 -A -82, 83, '83A, 86, 87, 87A
b. Total acreage to be rezoned:
C. Total acreage of'the parcels) to be rezoned (if the entirety of the parcel(s) is not being
rezoned):
d. .Current zoning designation(s) and acreage(s) in each designation: R4
e. Proposed zoning designation(s) and acreages) 'in each designation: R4
£, Magisterial District(s): Shawnee
12
I/'
Special Limited Power of Attorney
County of .Fred1erick, Virginia,
Frederick Planning We'bsite: wwNv.co.frederick.va.us
Department of ,Manning & Development., County of .Frederick, Virginia
107 North Kent•Street, Winchester, Virginia 22601
Phone (549) 665 -5651 Facsimile (540) 665 -6305
Know All Men By These Presents: That`I (We)
Governor's Hill LLC
(Name), Carpers Valley Development LLC (Phone) 540- 722 -9566
(Address) 480 W. Jubal Early Drive, Suite 330, Winchester, VA 22601
°the owner(s) • of -all those tracts or parcels, of land ,( "PropertyI conveyed
Clerk's Office of the Circuit Court of the County of FrederiCk, Virginia, by
Parcels: 64 =A -82; 64 -A -83; 64- A -83A; 64 -A -86; 64 -A -87; 64 -A -87A
64 -A -89; 64- A -100A; 64 -A -10013; 64-10-1-.64-10-2
to me (us), by deed recorded in the
do hereby make, constitute and appoint:
(Name)' Pert noni Associates Inc. (Phone) 540 -667 -2139
(Address) 117E Piccadifly Street, Suite 200 Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) ,name, place acid stead with full power and
authority 1 (we) would have if acting personally to' ,file planning applications for .my '(our) above. described
Property, including:
X Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
71 Subdivision
Site;Plan
Variance or Appeal
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, oruntil it is:otherwisexescinded or modified.
In witness thereof, I' (we) have ereto set m (ourA)nhand "and seal'this C-i - day of mg ,.20�
fAlr' er
signatures 2 VP
State of Virginia, City /County of rr9I 12 5;� , To -wit:
1; oo! i� M mhvmc a Notary Public in and for the jurisdiction aforesaid,
certify that ihe" person(s) who signed o the foregoing instrument personally appeared before me ,and has
acknow`ledgefd the same'before"me' °i'n.'t a jurisdict on-aforesaid this day o f 20 ..
yjC 1sS EXp�1rP� n9n
N OTAR °0711[11 lOn
Notary''Pulil>c " N` Y PUBLIC „„ JENNIFER M PA rv160MERY
REGISTRATION # 7011682 ( NOTARY PUBLIC
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11682
COMMONWEALTH OFVIRGINiA REGISTRAf!0i' 4 70
_
AUGUST 31 2014 MY COMMISSION EXPIRES
,e
�`��'"� AUGUST 31, 201,4
Z:d "I� 9996ZZZOtS QWS Jail! lN dC6:90C60CAV
REZONING APPLICATION405 -13
GOVERNORS HILL
Staff Report for the Planning Commission.
Prepared: September 30, 2013
Staff Contact: John A. Bishop, AICP, Deputy Director - Transportation
Reviewed ,Action
Planning Commission:. 10/16/13 Pending
Board of Supervisors: 11 /l3 /13 Pending
PROPOSAL: To revise proffers associated with Rezoning #10 -08. This revision -relates to the
"Transportation Enhancements and "Environment" sections of the proffers.
LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of
the Millwood Pike (Route 50 -East), across from Sulphur Springs Road ('Route 655) and The Ravens
subdivision.
CRY & STAFF CONCLUSION FOR THE 10/16/1;
COMMISSION MEETING:
The applicant is seeking, approval of a.minor proffer revision. The proposed proffer revision removes .
items that have already'been dealt with,or are proposed to be dealtwith by others and,-changes the date
of performance provision for road,.improvements from 2015 to 2025. ,However, development triggers
for road improvements rem'ain,in place, so if economic conditions.improved and the developmentwere
able to move forward soon, the road improvements would also move forward. Executed proffers are
provided'along`with a redline version to make clear where changes have been made. The portion of
the proffers related to the recordation of the;avigation easement have been removed in addition to 'the
transportation itenis,noted,above. The deadline for installation of a left turn lane and median crossover
to access Raven Pointe remains; in place unchanged.
A reeoynmendation regardinrihis rezonank application to the: Board of Supervisors would be
appropriate The applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
i
Rezoning; #05 -13 — Governors Hill
September 30,'2013,
Page,2
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 byataff where: relevant throughout this staff report.
Reviewed Action
Planning Commission: 10/16/13 Pending
Board of Supervisors: 11/13/13 Pending
PROPOSAL: To revise proffers associated with Rezoning 410 -08. This revision relates to the
"Transportation Enhancements" and 'Environment" sections of the proffers.
LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of
Millwood Pike (Route 50 East), across from Sulphur Springs Road (Route 655), and The Ravens
subdivision..
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS 64 -A -82, 64 -A -83, 64- A -83A, 64 -A -86, 64 -A -87, 64 -A -87A
PROPERTY ZONING: R4 (Residential Planned Community) District
PRESENT USE: Undeveloped/ Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP - (Residential Performance)
South: RA,
(Rura1 Areas)
East: M1 (Light Industrial)
i MH i (Mobile Home Community)
West: RA (Rural, Areas)
B2 (Business General)
Use:
Single Family Residential
Use:
Regional Airport
Use:
Industrial and Residential.
Use:.
Regional Airport- and Office
Rezoning 905 -1'3— Governors Hill
September 3.0; 2013
Page 3 '
REVIEW EVALUATIONS:
Virginia Dept.. of Transportation: Please see attached e -mail from Lloyd Ingram', VDOT to Ron
Mislowsky dated August 22, 2013.
County Attorney: Please see attached e -mail from Rod Williams, County Attorney to Ron Mislowsky
dated August 15, 2013.
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 -1 (Residential Limited). The parcels were re- mapped from R -1 to A -2
(Agricultural General ) p ursu ant to the. Coun ty'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.inthe re- mapping of the subject properties.and all other A -1 and
A -2 zoned land to the RA District. On October 12, 2005. the Board of Supervisors approved
Rezoning #11 -05 which rezoned parcels 64 -A -82, 64 -A -83; 64- A -83A, 64 -A -86, 64 -A -87, 64-A-
87A to the R4 District with proffers. On January 28, 2009, rezoning number #10-08 to R4 with
proffers approved by Board of 'Supervisors. The January 28, 2009wpdated transportation and
land use layouts. Most,signifcant of'the transportation changes was the severing of a planned
connection to Route SO at the location of Sulphur Springs Road and the focusing of traffic flow
to Route SO at InverleDrive.
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.
Land'.Use
A portion of the site is located within the Urban Development Area (UDA); specifically the
residential portion,of the,development is within the UDA. The comprehensive plan envisions the
area comprised by the subject,parcels as.developing with business /office landuse. The existingand
proposed R4 zoning is generally consistent with this plan as it relates to this urea.
The subject. parcels are also located within. the boundaries of the Airport Support Area that
surrourids the Winchester. Regional Airport. Business and industrial uses should be the primary
uses in the airport support area.
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Rezoning #05 -13 — Governors Hill
September -30, 2013
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3) Proffer Statement
The proposed proffer revisionxemoves items that have already been dealt with or are proposed
to be dealt with by others and changes the date of performance provision for road improvements
from 2015 to 2025. However, development triggers for road improvements remain in place; so
'if economic conditions improved and the development were able. to move forward soon, the
road improvements would also move forward.
STAFF CONCLUSIONS FOR.THE 10/.16/13 PLANNING COMMISSION MEETING:
The applicant is seeking approval of a minor proffer revision. The proposed proffer revision, removes
items'-that have already been deal'tVith or are proposed to be dealtmith by others and changes the date
of performance provision for road improvements from.20`15 to 2025. However, development'triggers
for road improvements remain in place, so if economic conditions improved,and the development were
able to move forward soon, the road'improvernents would also move forward. Executed proffers are
provided as well as a redline version of the proffer- update. The portion of the proffers related to the
recordation (if the avigation easernent'have'been removed in addition to the transportation items noted
above. The deadline for installation of ,a left turn lane and median crossover'to access Raven Pointe
remains in place. unchanged.
A recommendation regardink this rezoning application to the Board of Supervisors` would he
appropriate The, applicant should be prepared to adequately address all concerns raised by the
Planninz Commission.
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REZONING APPLICATION FORM
FREDERICK, COUNTY, VIRGINIA
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, 1:07 North Kent Street, Winchester:
1. Applicant:
Name: Pennoni Associates Inc. Telephone.: 540- 667 -2139
c/o Ron Mis lowsKy, FIL
Address: 117 E. Piccadilly Street, Winchester, VA 22601
WinchesteF, VA 22601
2. Property Owner (if different than above):
Name: Governors Hill,: LLC' & Telephone: 540 -722 -9566
arpers Valley Qevelopment
Address: 480 West Jubal Early Drive, Suite 330
Winchester, VA 22601
3. Contact-'person if other than above:
Name:
Telephone:
4. Property Information:
a. Property Identification Number(s): 64 -A -83, 83A, 84, 85, 86, 87
b. Total acreage to be rezoned:
C. Total acreage, of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being
rezoned) :,
d. Current zoning designations) and acreage(s) in each designation;_ R4
e.:
T
Proposed zoning designation(s) and acreage(s).in each designation: R4
Magisterial `District(s): Shawnee
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