The URL can be used to link to this page

Home My WebLink About06-13 Applicationtill� December 16, 20.13 Mr. Evan Wyatt Greenway Engineering, Inc. 151 'Winay Hill Lane Winchester, VA 22602 FILE COUNTY of FREDERiICK Departmenttof:Planning and Development RE REZONING•. #06 =13, Silver Lake, LLC PINS: 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, And 52 -A43 Dear Evan: -5401 665: 5.651, FAX: 540/665-6395 i I This letter serves to confirm action taken by the Frederick County Board' of Supervisors at their meeting of December 11, 2013. The above - referenced' application.was approved to revise proffers I associated with Rezoning #0,1-09: This revision relates to the relocation. of the site provided for the development of a new-fire and rescue facility and support facilities. The properties are located on the north side of Northwestern Pike (.US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654)', and is identified bythe Propertyldentification.Numbers 52 -A -C, 52 -A- 50A, 52=A -52, and 52 -A -63, in the Gainesboro Magisterial District, The proffer statement, originally dated`Novernber 25, 2008 with final revision date of November'4, 2013; that was approved 'as a. part' of this rezoning, application is unique to the above xefe "fenced property;and is binding regardless of ownership. Enclosed is a copy-of the adopted proffer statement ' for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court: for` recordation. Please do nothesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael Ruddy, -AICP f' Deputy Director ;! i MTR/pd i Attachment cc: Robert Hess; Gainesboro District Supervisor Charles Triplett and Kevin Kenney Gainesboro. District Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w /original Resolution and Proffers 10.1 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 j REZONING APPLICATION #06 -13 SILVER LAKE, LLC. Staff Report;for the Board of Supervisors .Prepared: December 2, 2013 Staff Contact: Michael T. Ruddy; AICP, Deputy Director I Reviewed Action Planning Commission: 12/04/13 Recommended Approval Board of Supervisors: 12/11/13 Pending PROPOSAL: To request.a.minor revision to the proffer statement associated withrezoning RZ #01- 09, Silver Lake: This revision relates to the relocation of the site provided' for the development of a new fire, and rescue! facility and support facilities.' LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard, and east of Poor House Road (Route 654). Primary access is provided via the!newly developed Nati'ona'l Lutheran Boulevard. SUMMARY & PLANNING COMMISSION,RECOMIVIENDAT.I 12/11/13 BOARD. OF SUPERVISORS MEETING: This. request for a minor revision to the proffer statement associated with rezoning RZ #01 -09, Silver Lake relates to the relocation. of the site provided for the development of a new fire and rescue facility. and support facilities. The Planning Commission unanimously_ recommended. approval of Rezoning #06 -13, the Proffer Revision of Silver Lake, L.L.C. The new location for the fire and rescue site will front on Corporate Place Drive near the.intersectioniof National Lutheran Boulevard - Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue:site is further.identified on the updated GDP (Generalized Development Plan). i In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning: Executed proffers dated November 4, 201`3 are provided as well as a redline version of the proffer I update: The revised Proffer Statement is in an acceptable legal form. These modifications to the proffer statement are minor in nature, and a public hearing'is not required. Following the public meeting, a decision regarding this rezoninx application by the Board, of concerns raised by the Board of Supervisors. Rezoning #06 -13 - Silver Lake LLC December 2, 20.13 Page 3 REVIEW EVALUATIONS.: Frederick County- Public- Works: The Public Works,Department supports the proposed revisions to the Silver Lake,, LLC proffer :statement -date. October 25, 2013,. i Frederick Count Fire Marshal: Plans approved. . Fire and Rescue Company: After review of the proffer statement�dated October 24, 2013 (revision date), I find the revision to be- correct and accurate in regards to the Fire Station proffers. County Attorney: Pledse .see attached' e -mail f roan Rod ,Williams,. County Attorney to Evan Wyatt dated October 29, 20:13 and November 4, 2013. Planning & Zonin 1) Site, History The property`was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service, Area to include these and other properties and provided forlan improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. In 2009, this property was,rezoned consistent with the Comprehensive. Plan and the:Round. Hill 'Land Use Plan. Rezoning RZ #01,-09 was approved to rezone 370.02 acres to the MS (Medical Support) District and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses. The B2 (Business. General) portion oftliis property (238'.96 acres) is subject to,this current application fora revision to the - proffered condition-s.. The National Lutheran Village at Orchard Ridge project opened.earlier this year and continues its development on the portion of the property that is.zoned MS (Medical Support). i 2) Comprehensive Policy Plan The Frederick County 2030 Comprehensive 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 Ia. composition of policies used to plan for the, future physical development of Frederick County. I Land Use This application to modify the proffered conditions associated.with four of the4five parcels that made up Rezoning Application RZ #01 -09 for a Continuing Care Retirement Community and commercial;land uses remains generally consistent-with the 203.0 Comprehensive Plan, and the Round Hill Land Use Plan. i • Rezoning #06 -13 — Silver Lake'LLLC December 2, 2013' Page 5' PLANNING, COMMISSION SUMMARY & ACTION OF THE 12/04/13 MEETING: Staff reported the site provided for by proffer,for the development ofthepew =fre and rescue facility and support services:on Route 50 has been moved to a new site on Corporate Place Drive,:nearthe °intersection with the newly developed National Lutheran Home Boulevard. Staff noted the proffer statement submitted which modifies this proffer: is dated November 4; 2013. The project's representative added thavthe.original rezoning with the former fire.and rescue site had proffered a preemption signalized.--intersection at Route 50, which would allow fire and rescue vehicles to turn'lights red when approaclii ,g the intersection. He said the preemption- signalized intersection' has been changed to the existing signal on Lutheran Boulevard. A Commissioner asked for clarification concerning the date change within the proffer from five years to a specific . date, April 21, 2014. Staff replied the original proffer provided a`time period.in *which the project should move forward with triggers and was approximate] yfour to five years froth, the original,rezoning; the.April 21, 10 14 date is essentially the same, time frame�placed within the original,proffer statement. A Commissioner inquired °about the�two future alternative routes to the west on the GDP in the location of the relocated fire,and rescue site. Theproject's representative replied at the'titne of the original rezoning, the traffic study indicated a need; and the Board desired, a connection'to Poorhouse Road, and,the applicant had provided those two road options; those two�road options; were a part of the originalproffer =and do nothave any part of the relocation of the fire and rescue site. There were no citizen comments. 'The Planning Commission unanimously recommended approval of the rezoning and the revised proffer statement. (Note All: members of the Commission were present.), Followin,- the public meeting; a decision regarding this rezoning'application. by_the Board of Supervisors would be appropriate The applicant.should =be prepared to,adeguately °address all concerns raised by the Board of Supervisors. 1 I Rezoning #06 -13 — Silver Lake LLC December'2, 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 thent in 'making a decision on this application. It may also be useful to odi. ens interested in this zoning �niatter. Unresolved issues concerning this application are [noted by_staff where relevant throughout thisstaff report. Reviewed Action Planning Commission; 12'/0411.3 Recommended Approval Board of Supervisors 12/11/ -13 Pending i PROPOSAL: To request a;minor:revision to the proffer statement associated, with rezoning RZ #01 1--0% Silver Lake Thisirevision relates to thexelocation of the site provided for the development of a new fire and rescue facility and support "facilities. I. LOCATION: The properties are located on the North side of Northwestern Pike (U.S. Route 5d West); West of Retail Boulevard; and East of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro I PROPERTY ID NUMBERS: 52 -A -C, 52= A- 50A,,52 -A -52, and 52 -A -63 PROPERTY ZONING B2 (General Business) District and MS (Medical Support) District;. with proffers. i PRESENT USE .Residential, National Lutheran Village atOrehard,Ridge; Vacant, Agricultural, ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas)., Use: Agricultural South: RA (Rural Areas.) Use: Residential /Vacant B2 (Business General) Commercial East-. B2 (Business General) User Commercial West: RA (Rural Areas) Use: Residential /Agricultural Rezoning #06 -13 — ;Silver Lake,.LLC_. December 2,, 20 t 3 Page 4 I I 3) Proffer Statement r I The applicant has pro;vided' a revised Proffer Statement, dated November. 4, 2013, . which;most substantially provides for the relocation of the site provided for the development.of anew fire and rescue facility and support facilities, Proffer E. 1,. The,,new location for the fire and rescue site will fronton Corporate Place Drive, near the intersection of National Lutheran Boulevard. Previously, the °fre�and rescue site4was located along Northwestern, Pike and Silver Lake Road. The proposed general location of'the fire and rescue site is': further identified on, the updated GDP (Generalized Development Plan). In addition, the revised - Proffer: Statement , addresses several minor changes that relate to the actual development; of the site since the original rezoning; the renaming of,streets-to reflect the current road names; therestatng of new Zoning,Ordinance referenees, and further clarifications that reflect. site development conditions such as in Proffer ^C. 6. I One additional change is the restating of.the Fire and Rescue enhancement proffer provision from "within five years from the date of final. non - appealable_ rezoning approval" to "onl or before April 2.1 , 2014''. It is important to recognize that 'this- date in Proffer E.1., while consistent with the previous language, is coming up within six`months.. - I Comments on this rezoning to revise the conditions proffered by the Applicant were offered by Planning, the Count yAttorney, Fire & Rescue, and Public Works. The revised Proffer Statement an acceptable legal form, ! STAFF CONCLUSIONS FOR THE-I2 /04 /0'PL• ANNING COMMISSION MEETING:, � This request for a minor revision to the proffer statement associated with rezoning RZ #01 -09, Silver Lake relates to the relocation of the site provided for the development.of anew -fire and.rescue facility and support facilities. Thenew location,for the fire. and rescue site will fronton Corporate.Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire: and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed. general location of the:fire °and rescue site is further. identified on the updated GDP (Generalized Development Plan). In �additiori, thexevised Proffer Statement addresses several minor editorial ehanges that'relate4b the'Idetual development of the site:since'the original °rezoning. Executed'proffers'dated Noyember4, 2013 are. provided as well as a:redline version of the proffer update., The revised Proffer Statement is in an acceptable legal form. These modifications to� the proffer statement: are, minor -in nature and a- public hearing: is not required. - i _A'recoinmerrddt on reyarditm this rezoiziizQ application to the Board of Supervisors would be appropriate. The applicant'shouUbe.prepared to adequately address ;all. concerns raised by the P_lanninQ Commission. 0 :RRY LOTS ubdivision IMAN REZ0613 iii • a c 4ay REZ0613 moo( 50 ' Q • NagrMnfsrf4n rj CROCKWELLS 603 / Ji •.. �...••... ROUND NIL L RD Applications Parcels Building Footprints B1 (Business, Neighborhood District) NO 50 KE B2 (Business, General Distrist) v w Ci/ 570NEW,� -D4. B3 (Business, Industrial Transition District) o o ' eoNH rd�n ROUND HILL RD w EM (Extractive Manufacturing District) x 3 HE (Higher Education District) v M1 (Industrial, Light District) M2 (Industrial, General District) 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: REZ # 06 - 13 Frederick County Dept of Silver Lake LLC Planning Developments 107 N Kent Si PINS: Suite 202 52 - A - C, 52 - A - 52, Winchester, VA 22601 52 - A - 50A, 52 - A - 63 540- 665 -5651 Rezoning Proffer Revision Map Created: November 13, 2013 Staff: mruddy 0 0 i7ireenwayEngineering N.-mber 25,'2008, Rzvised.January 6 .2009; Revised,January27, 2009; 1 Revised February °16, 2009; Revised February 19;.2009;. Revised 'M arc h 2, 2009: Revised M kh 13, 2009;�Revised:March 30, 2009;,RevisedNovember'4, 2013 , SILVER LAKE; LLC PROFFER STATEMENT REZONING: #01- -09 Rural Areas District (RA) to Business General District (B2) and MS' M dical Support,District (MS)� PROPERTY: 238.96± acres; Tax Parcels # 52-(( A) )- C,.52= ((A))- 50A,- 52- ((A)) -52, and 52- ((A))- 63 (here =in after the "Property ") RECORD OWNER: Silver'Lake, LLC; James R. Wilkins; III, Manager APPLICANT: Silver Lake, LLC ('here -in after the "Applicant ") PROJECT NAME:: Round Hill Commercial Center- & The Village, at Orchard Ridge — A .National Lutheran Home,Community, ORIGINAL DATE OF PROFFERS: November.25, 2008 REVISION DATE: November 4, 2013 Preliminary'Matters Pursuant 'to Section 15.2 -2296 Et: Seq. of the Code. of Virginia, 1950; as amended, and the provisions of. the Frederick County Zoning Ordinance with respect, to conditional, zoning, the undersigned Applicant hereby proffers that in' the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments to Rezoning Application #01 -09, which rezoned 370.02± -acres from the Rural ,Areas (RA) District toy establish 238,96± acres of B -2, Business General .District (Tax Map Parcels 52-((A))' C, -52'= ((A)) -50A, 52-((A))-52,.52-((A))-63) and 1'31.06± -acres of MS, Medical Support District: (Tax M apr Parcel 52- ((A)) -50); development of tthe subject property shall. be done in conformity. with the terms and conditions: set forth- 'herein, except to the extent =that such 'terms and conditions may'66 subsequently amended 'or revised by the Applicant and- be approved by the Frederick County Board of Supervisors in, accordance with the said Code and Zoning Ordinance. The conditional zoning..amendments within this document are intended to apply to. the 238.96± acres of B -2, Business General District, while'the 134,.06± -acres of MS -, Medical, Support District will comply with the conditions approved as part, of Rezoning Application. #04.09 .on April,-22,20091, identified as Section B. MS, Medical Support District Area. In the event that the conditional zoning amendments, are not' granted, . then, these ;proffers ;shall be deemed withd'r_awn and ,have ,no .effect. whatsoever. These proffers shall .be binding upon this Applicant and their legal successors, heirs; or assigns. File #4928S /Silver-Lake LLC Reigning Greenway Engineering 14o_fnber 25,'2008 ?'Revised January 6,•2009; Revised January 27, 2009; Revised,Tebruary16, 2009; Revised February 19; 2009c R6ised•March�2,20O9; Revised'March 13; 2009 ;;Revis4 March 30, 2009; Revised November 4, 2013 PROFFER STATEMENT A. Generalized Development Plan. L. The.,Applicant hereby proffers to submit a Generalized Development Plan (the "GDP ") for the Property. The purpose of the GDP is to identify the general location of the 8 -2, Busihess General - District and MS, Medical `Support District areas, the general location :of, the proposed future Fire' and Rescue Station area, the general .location of the proposed" future passive open space area, the general location of ithe 50 -foot green strip enhancement area, the general location of the 10 -foot asphalt -trail system; and the: general location of'the phased "transportation "improvements. areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property ,in. substantial conformity with the proffered GDP, prepared by Greenway Engineering dated October 24; 2013, The GDP is recognized to be ,a conceptual plan; and maybe adjusted by the Applicant to accommodate final design and engineering, constraints without the need of new conditional' rezoning approval by the Frederick County Board of Supervisors, .provided that the adjustments do not •eliminate or, substantially relocate the areas- described in -Section, A 1 of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing; Care Retirement Community (the "CCRC ") on the portion of the Property proposed' to be zoned MS, Medical Support- District, and to exclude all other MS, Medical Support District land uses riot expressly permitted within Section 165- 504.02(B)(7) of the.Frederick. County Zoning Ordinance. 2. The Applicant 'hereby °proffers to l mitahc maximu.mre'sidenM density within the CCRC to eight units- per „acre. The maximum residential density total shall include all independent living units; assisted care livirig.units, and skilled nursing care- units. The" location and totals for the residential units specified in, this section shall be provided on the MasterDevelopment Plan for the Property. I Where "buffer areas are;required and mature woodlands. are in place, the Applicant . will request approval of the use of these woodland features to satisfy the buff_ er requirement during the consideration of the, Master Development Plan. 4., The Applicant proffers to provide initial access to the CCRC "via National Lutheran Boulevard as,descrbed in Section D(2)(f) of the proffer statement;. and further proffers to provide a maximum of two commercial_ entrances on National 'Lutheran Boulevard to provide access to the CCRC. File #4928S /Silver Lake LLC Rezoning, Greenway. Engineering: Nv.cmber 25, 2008 ;;Revised January�6 ;2009; Revised January 27'2009; RevisedFebruary . 16, 2009; Revised February '19, 2009 -, Revised'March 2, 2009; Revised' March_ 13,2664; Revised'March 30 2009 ;,Rev sed,N6vember 4;.2013' C. B2,, Business ,General,District Area 17 The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: Truck.S,,tops > Golf Driviag;Ranges Outdoor Batting Cages Model Home Sales ➢ Self;Service Storage Facilities Adult Retail Establishments 2. The Applicant hereby .proffers to prohibit individual full service commercial entrances to all allowed ;B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road .(Route 654); however, right -in or right -out only access `to B2' District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and /or Frederick' County. I The Applicant - hereby proffers to establish a,-,green strip along the Property frontage .adjacent to the, Northwestern Pike corridor that is 50 feet in width. Parking lots and` access drives .shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Propprty.frontage of the 50-foot green strip shall. be enhanced with- street trees that are a minimum of 2-inch caliper au planting,andspaced a- maximum of 30 feet on center, ornamental shrubs that are a minimum "three - gallon, container -at planting, as well as an asphalt bicycle and pedestrian facility` that is 10 feet wide. The installation of the street trees, ornamental 'shrubs, and bicycle and pedestrian facility located within the 5046ot green strip shall, be required as specified in Section 'C(8) of the proffer statement: 4. The Applicant hereby;proffers to establish street tree plantings along both sides of National ,Lutheran Boulevard and Trader Dri ve throughout the limits of the .B2 District property. All street trees, shall be a. minimum .of two= inch- caliper at time of planting and spaced a :maximum 40 feet on center. The ,street 'trees shall be .located. outside of the- public right -of -way. 5;; The Applicant,lereby proffers to, establish a linear -passive open space area in the general location :identified on the proffered GDP; . which will be enhanced with a 10 -foot asphalt trail, system between National Lutheran Boulevard and Northwestern Pike as specified in Section,C(8) of the proffer statement. 6. The Applicant ;hereby proffers to provide for inter- parcel connectors between all adjoining commercial and office land uses unless ;prohibited by topographic conditions.. File #49285 /Silver. Lake LLC Rezoning; Greenway.Engineering, No>cmber 25, 2008; Revised January J�6, 2009; Revised 27, 3009; Revised February 16, 2009; Revised February 0, 2009; Revised March 2, 2009; Revised March. l3',.:2009; Revised March 30, 2009; Revised November 4, 201 ^3 7. The Applicant hereby proffers to include _an, additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes- in the RA District iri which accessory uses are proposed within the active portion lof the buffer area. 8. The Applicant .hereby proffers to. design and construct,; or cause for the construction of :an asphalt bicycle and pedestrian facility that is "ten -feet wide. This location ,of th s.facility is identified on the proffered, GDP and will be located outside of'public right -of -way limits. This facility wiltbe developed as follows: y The 10 -foot asphalt trail located along the south 'side of the Phase 1 segment of National Lutheran Boulevard _shall be developed. during the construction of this road segment as specified in Section 'D(2)(f) of the 9 The Applicant "`hereby proffers to .establish an Architectural Review Board (ARB)- for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the, B2 District property. The restrictive covenant documents shall 'be, provided' to Frederick County prior to the subdivision of land within the 132 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not W_limited''to, the following design elements: File #49285 /Silver Lake LLC Rezoning proffer.. statement, ➢ The 10 -foot asphalt trail located along the south side of the Phase 2 segment_ of National Lutheran Boulevard shall be developed during the construction of this road: segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10- foot'asphalt trail located along the passive open space area shall be developed on or before, the completion of ,the commercial development permitted under the Phase 1'Transp6rtation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10400t asphalt trail located :along the southern boundary of the Property identified as Area 1 on. the GDP shall be developed during the construction of the -Phase 1 segment of National' Lutheran Boulevard as specified in Section D(2)(f) of the proffer statement '.. The 1i0 -foot asphalt. "trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the .occupancy permit issued for thee first commercial building permit located in the land bay 'between National' Lutheran Boulevard and Trader :Drive. ➢ The 1'0 466t asphalt trail located along the southern boundary of the Property 'identified as Area 3 on the GDP' shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit` located in the land, bay between Trader Drive and the eastern boundary of the Property.. 9 The Applicant "`hereby proffers to .establish an Architectural Review Board (ARB)- for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the, B2 District property. The restrictive covenant documents shall 'be, provided' to Frederick County prior to the subdivision of land within the 132 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not W_limited''to, the following design elements: File #49285 /Silver Lake LLC Rezoning 0 0 Greenway;Engincering Nu.omber 25, 2008;.,Revised January',6,`2009 January 27,'-2009; 3 Revised February'16, 2009; Revised February 19, 2009. Revised March 2, 2009; Revised;March..i3; 2009;�Revised�March30, 2009 Revised November 4;40'13'�' C. `B2, Business General District Area L The Applicant hereby proffers to prohibit the following . l'and uses currently allowed within the B2 District: Truck Stops ➢ Golf Driving Ranges OutdoorBatting Cages ➢ Model, Home Sales, ➢ Self - Service. Storage,Facilitics. ➢ Adult' Retail Establishments 2. The Applicant hereby proffers to prohibit individual. full service commercial entrances to all allowed B2 District land uses that _intersect Northwestern Pike (U.S. Route 50 West}- and.Poorhouse Road (Route 654); however, right -in or right -out only- access to B2 District land ,uses that intersect; Northwestern Pike shall be permitted if approved by VDOT`and /or Frederick County, 3. The Applicant hereby proffers' to; establish a green .strip. along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking :lots and access drives shall be prohibited, within the 50 -foot green strip, except for access drives permitted as described in. Section C(2) above. The entire Property frontage of the. 50 -foot green strip shall be enhanced with -street trees that are a minimum of 2 -inch caliper at planting .arid spaced. a'maximum of 30'feet on center, ornamental,_.shrubs that are a minimum three gallon container at planting, as well as an asphalt bicycle and pedestrian. facility that is .10 feet wide. The installation of the. street trees, ornamental shrubs, and "bicycle and pedestrian facility located within the 50490t green strip shall, be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street. tree, plantings along both sides of National Lutheran Boulevard and Trader Drive ,throughout the limits of the B2 District property. All street': trees shall be ,a minimum of two_ :inch' caliper at time of planting and spaced a maximum, 40 ,feet on center. The, street trees shall be located'.outside -of the public right-of-,way. 5." The Applicant hereby proffers to establish a linear passive open space, area, in the general location" 'identified on the proffered GDP, which will be enhanced With a 1'0-foot asphalt trail, system between National Lutheran Boulevard' and 'Northwestern Pike as. sgecified.in SectionC(.8) of the proffer.statement; 6:. The Applicant, hereby proffers to provide for inter- parcel connectors between all adjoining . commercial and office land uses unless ,prohibited by topographic conditions. File #49285 /Silver Lake LLC'Rezoning GreenwayEiigmeering 'Nu 6,,2069;:4e,vised'fanuAry,27 �',,-2609;, 5 Revised February :16,,'2009-:R6Vi§-6d`F6bi-dary,,19;,2009'-,;Reused Mar&2, 2009;, R visedNarch.,6, 206§,'i,Ii e_ 2013` Building'mate-ridR for all 6'x-*-,t6tior. walistAiid4ro6tiin-es., `Materials-f6f, 0' monument freestanding -;business :,sjgn signs:, The materialsfor th&'hase; of Al rif6ridifiefit freestanding business signs; shall be consistent throughouttheB2 District. > Screeni g .of all loaa ffig areas f r Orn adjoiningprQpeqies, :externa1 to the B2 District: > Screenihg of Outdoor dump9tdr pad. areas With-. bdilding materials consistent wit h .., primary structure: e. > 'Com-tnoa area ,mai-'ft'i,6hance,agreements. D. Traiftsi)6itittion,,E-n'h-a'nce--me-n-ts-11 'L The Applicant; has suhmitted-o Raffic'ImpktAftalysis (TIA).,, prepared by Patton, Harris. Rust and' Assodiatcsi dated November 8,,'2609,. for OL the 5VL acre -P dqntifiles� improvements' to the to, atfa "AtAnO.Ortatioh network Toperty., The i I to. account fbr backgroutid undeveloped projects' And the Applicant's proposal ,througfi four phases of `devel`opment. The, ApOlicarit, horoy.*fodefs to,design and construct, I yernen to the regional or cause: for 'the construction tion of imp c -roy ts transportdtionpetwork- as a:, phased .development pro tliat1s,,-*, described , in this 9W section, of the ,proffer statement Additionally-,, the, phasod'development program is, i_ 'dent>fed,ln fofm, on the proffered GDP. - It is recognized that the phased transportation ,,improvements proffered' herein will :be constructed as d esc rib ed n; this �se on, howe ver, wever,, the. location and ' limits of these improvements will be: d' rm4edby VDOT and/ordFrederok County during the appr6val . ot.6ngii)e6T ng,.de�s"I'gn.plaTks,. It is further recognized ithat, the location of i the regibnAl transportation network improvements identified in illustrative form, on thcrpt(Yffeer6d,'6bP are veneral in nature, and may be .relocated, to accommodate VDOT engineering design pjanapproval without the, need for conditionall. zoning 'amendnient-to th6-,6EiP,,o-lr the ;proffer statement,. 2. The,Applie"hthereby,pfo'ff-erg,tho,folloWing, Phase . hasel. Transportation Program: The- Applicant, shdltbe efititl&d_tb,,dev6roO the CC-RC and a maximum of !8QOOO square feet: of 'c( mindioia1 Tan use withia Phase, 4. However, the Applicant can deviate ftom th' jand use mik As§Urnirm tfte: total . trip goneraticin for site plans within this phase of'the�rtraftspotadoq T -- - ,- -_ - ' Generation - r... program T '� "fi'J�dition Trip Generati-o- nReport)� do ,not exceed, the (based on the J, - t total 'trip g ene-fati0h, specified' I I n Ifie November 25, 2008 Traffic' .Impact for a] Analysi's" Report Phdq& L 'It is reco,g,n'i2ed,'tWdt, the ApOjicdftt. shall. al n, iffipfoverneht9A 'h proval of complete all tra spOrtatio prior tol e',ap any si-te'Plad that,exc& I exceeds ISO;,000, gqt.ram feet. O'f; I commercial land .use or r equfVAIeftt, Grip godd atfoii as noted .above On the: portion o f the Pro gettyp. Fi1e*(9j89&1Ner,,Lake LLC Rezdn I irigt Greenway,Engineering Npv5M} eC 25 „2008 Revised 7anbary 6, 2009; Revised January -27,-2009;, 6 RevisedPebruaryW6 2069 ;Revised; February, 19, 2009 ; - Revised March 2 2009; ;. Revi se d ;M are h.'13, 2009; Revised,tvlarch 30,i Revised,November4; 2013 b. The Applicant shall dedicate: alf .r- fight -of =way necessary for' the Phase ,1, 'improvements that will: occur' orr °the Property to VDOT or Frederick County:: The Applicant will attempt to design -all° off -sites improvements within public right -of =way; however, if lnecessary it ;is recognized that VDOT and /or: Frederick County'w ll assist thc, Applicant with right-of- way, necessary °to "implement proffered oft -a 'te transportation improvements. `Then Applicant' agrees to; assume all costs associated with right -of =way ac iquisition f` as "sistanee from, VD:OT, and' /,,or Frederick County is: required.; c. The Applicant shall; execute; 'or cause ,for the ,execOtibn of a traffic signalization agreement with VDOTto fully fund -,new'trafB7Signalization at the intersection of Northwestern, Pike (U S Route 50) and Poor House Road (Route..654).. The .traffic signalization agreement shall be executed Wit hin six months of final non - appealable rezoning approval;, or prior to approval,pf the ,first Site Plan ; for :the property, wh_icheyer occurs first. d. The Applicant shall design and :construct; or cause for the execufion of a traffic sgnnllzation agreement with VDOT Ito fully fund new traffic `signalizatonr with pedestrian actualization at the intersection of Northwestern ,Pike (U.S Route 50,)° and the relocated National Lutheran Boulevard', The, Applcanf shall provide ;additional.�furding necessary to provide for pre =empi on controf for this, traffic signal if the County requests ;the land for' the,' ew .fire and rescue facility provided in Section E(:1) of `the proffer'statement;; In the event °the County does riot request the, land for the ;new °fire and rescue facility. the additional :funding for traffic "signal pre- emption control -shall 'be iddde. available for pre- empt-ion :control for the�'traffic signal at =the intersection of .Northwestern .Pike and Poor Hou se; -Road.that . is' described in Section D(2)(c) of 'the proffer statement. The tr"a`ff c .signaliz ' ion agreement: shalF be executed within one year of final' n on= appealable rezoning approval, or prior ;to approval of the first Site Plan fbt the property; whichever occur§ first. The Applicant shall reserve tine; right to preempt this agreement, by„ initiating, a ;signal warrant. study And- I design plans in , accordance with VOOT standards for approval, to instal traffic signalization iatthis intersection.. e _.: §The Applicant, shall.. design and'.construct; or cause for "the construction of rirriprovei tints to the °median cros "s'ing including a "w estbound sight turn lane and" left turn lane .and an. eastbound left, turn lane' on Northwesterh Pike at the ;intersection of the relocated 'National Lutheran Boulevard, These °improvem-ents "shall. be,completed prior to the: issuance, of the.first. occupancy - ermit_for the land: use utilizing National Lutheran Boulevard!. for;access;fo Northwestern Pike., f. The. Ap- 1 ant 7s All design and construct, or cause for the const "ruction of improvements to National Lutheran Boulevard within the; Property to File' #4928S /Silver Lake:ILC Rezoning; G�eeriway?En " "ginee� ng Niioernber 25'„ 2008; Revised January 6, 2Q09; Revised January�27 2009; 7 Revisedfebruary„16 r2009;,;Revised February 19; 2009 Revised Ma r6 2, 2009;' RevisgdMarcha3, 2009; "Revised March 30; 2009;;Rcviscd:Novcinbcr'4, 201'3 vide Pro r_ fora road section, that is constructed to a <40 mph genmetic design standard- and .provides right of -way for; ar :future roundabout at the intersection with Trader Drive, and left iurn.aanes and' �riglt.turn:`lanes at all internal collector street intersections :and, at commercial, entrances as required by VDOT:,. Additionally the, Applicant shall design and' construct, or cause; for the construction of separate right.:and: left turn lanes, on National.Iutheran,Boulevard at the intersection of Northwestern Pike. National Lutheran' Boulevard. shall be, developed gas, a four =lane divided urban road ' section between Northw ,,estern,Pike_and'the..future roundabout, and as: a 'two -'lane road section between„ fhe: future roundabout and the limits cif Phase, f with° dedieatedI- - -ight OP; way to,'Frederick County to U110 :for •a four -lane urban road section; The _construction of the two -lane road section shall include a_ raisedmedi'an section necessary to transition from the roundabout..into,,the utban'road section design..Theseimprovements: shall tie compfe-ted =prior to the issuance: of the fi rSt`oceupancy permit for the land' use, 'utilizing, National Lutheran Bpulevard for access to Northwestern ;Pike; Furthermore, the Applicant agrees, to design and' con 'strict; or ` cause. for' the. construction 'of the f6ur4ane urban, section between the 'future .roundabout and the limits- of Phase -1 `if this irrprovement`is warranted based on future traffic counts,as described in- Section D(6), g. The Applicantshall, design and construct or cause for the construction of modifications to; or= the elimination, of the median crossing on Northwestern.Pike :identified; as Median. Crossing. _A on; the proffered GDP. VDOT sha11•determine the rcquitements for modification, or elimination and', shall, advise the Applicant in writing: of the' :requirements associated with this ;mprovementy The Applicant shall completealese improvements in' ;conjunction 'with construction activities associated, with National Lutheran, `:Boulevard ;as described .in, Section D(2)(f) of the proffer' statement. h The Applicant =shall design, and construct, .or cause for the construction of improvement Ito. the southbound off ramp. 'at the Route 37 interchange with Northwestern .P<ike to `provide `for 'a ,free ;flow right, turn lane onto. Northwestern. Tike; The Applicant shall- complete the Route 37 'interchange improvements described in this section prior to the approval of, any Site Plan':that exceeds 1`80;000 square feet of commercial land',use; or equivalent trip generations as, described, in .'Section D(2)(a) �of the Troffer :stdtement,on the,,92 portion of the Property. In: 4,tb e event that VD and Frederick County de`terri the thdi, a `monetary contribution for .regional aransportatlon improvements to, 'the. Route 37 corridor between the Northwestern ,Pike -interchange and -the North = Frederick °;Pike interchange; is d'esitcd the Applicant agrees to provide a File 44928S /Silver Lake MQRezoning - .. Greenway Engineering November. 25, 2608; RevisedJan6ary 6, 2.0(X9; Revised January 27, 2009; Revised'Febrkary 16, 2009;,Reviseffebruary 19,,2009; Revised March •2,-2009; Revised March 13, 2009; Revised March 30; 2009; Revised Novernber.4', 2013 monetary contribution in lieu of the improvement; described in Section 2(h). This' - monetary. contribution shall be equivalent to the amount associated with the irriprovernerit described in that section based upon an engineering estimate agreed upon by VDOT, Frederick :County and the Applicant that will be prepared on or before the build out of the Phase '1 transportation improvements. -The! Applicant :agrees for provide this monetary contribution- to Frederick County within 30 days of written request by the e Count contribution be util ; and further agrees to allow for this monetary ,.ized as matching funds by Frederick County for qualifying transportation improvements programsi or giants. 3. The Applicant'herebyproffers the following Phase 2 Transportation Program: a. The Applicant, shall lie entitled to =develop the CCRC and a maximum of 350,00.0 square feet of commercial land use and .1.05;000 square feet of office land usewthin Phase ;'2 -that is, a cumulative, total ;of,Phase 1 Phase 2. However; the Applicant-can deviate from this land use mix assuming the total- trip generation' for site ;plans. within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceedAhe total trip generation specified in the November 25, 2008 Traffic 'Impact Analysis Report for. Phase 2: If•: is recognized that the Applicant shall' complete all Phase 2 transportation improvements Prior to the• approval of any, Site Plan that exceeds 350,000 square feet of commercial 'land use and` .105,000 square feet of office land use or equivalent trip generation as noted above on the; 132 portion of the Property. I b. The Applicant shall dedicate all right -of -way, necessary, for the Phase: 2 improvements that will occur on. the ;Property to' VDOT or Frederick County. The Applicant will, attempt to design all off -site improvements within public °right -of -way; however; if necessary it is recognized that VDOT .and/or Frederick County will assist the Applicant with right-of- way necessary 'to implement 'proffered off =site transportation improvements. The Applicant agrees to assume all costs .associated, with right -o£ -way acquisition if' assistance from VDOT and /or Frederick County is required. C,; The Applicant shall design and' ,construct, or -cause for -the execution of. a. traffic signalization agreement with VDOT to fully ,fund new .traffic signalization with pedestrian actualization at the 'intersection of Northwestern Pike (U.S. Route 50) and Trader Dive. -The traffic sign alization agreement shall be executed. prior to the i ssuance; of the, first occupancy permit for the land use utilizing Trader Drive for access to Northwestern .Pike:. The Applicant shall reserve the, right to preempt'this, agreement by initiating a signal warrant study and signal design plans in File #4928S /Silver Lake LLC.Rezoning dreenway Engineering November 25, 2008t Revised January 6,2009; Rcviscd January 27 .2009; Revised Februaryt16 2009;,Revised February 19.2009i`Revised-M,arch2, 2009: Revised'.March i3 2009;. Revised`March 36, 2009; Revised November 4, 2013 accordance. with VDOT standards for approval to install traffic signalization at'this intersection: " d. The Applicant shall design: and construct, or cause for the construction of improvements to Trader Drive to include a two -lane urban road section with a raised median to the first available commercial entrance that is constructedto°:a 40. mph geometric design standard and provides for the construction of the roundabout, at Ithe intersection with National. Lutheran ,Boulevard, and left turn, lanes and right turn lanes at all commercial entrances as; required by VDOT. Additionally, the Applicant shall design and consfruci, or cause, for the construction of a median crossing including . a westbound right, turn, lane and left, turn lane and an ;eastbound left turn lane on Northwestern Pike at the intersection, of Trader :Drive. These improvements shall be completed prior to the :approval of any Site Plan that exceeds 35.0000 square feet of commercial land use and 105,000 square feet :of office land use or equivalent trip .generation as described in Section D(3)(a) of the proffer statement: on the B2, portion of the Property, with. the exception of the median crossing and; turn lane_ .improvements on Northwestern :Pike which shall be completed with the Trader Drive intersection improvements on Northwestern Pike., Additionally;, the Applicatif shall, dedicate right -of -way to Frederick County to allow for a four -;lane urban road section. for Trader Drive, Andi further agrees to design and" .construct, or cause for the construction of the four -lane urban road section if thi's improvement is warranted •based on future traffic counts as described`in.Section D(6). e. The Applicant ;shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for a two -lane urban road section that is constructed to a 40 mph geometric design standard and,provides for left turn lanes and right turn; lanes at all internal collector street, jntersections and at commercial entrances as required by VDOT, which, continues from the terminus of National Lutheran Boulevard constructed in Phase ;l, to ,a ,connection at the intersection of Retail Boulevard_. The Applicant shall complete these improvements .prior to the approval of any Site Plan that exceeds - 350,000 square feet of commercial land use. and 105,000 square, feet,, of office land use or equiyalent trip generation as described 'in. Section D(3)(a) of the proffer ,statement on- the .B2 .portion of the. Property., Additionally,, the Applicant shall- dedicate right -of -way to ,Frederick,, County'"to allow for a four -lane urban road section for,,.National Lutheran Boulevard, and further .agrees to design and construct, or cause for the construction of, the four =lane urban section if.ahis improvement is warranted based on future traffic.counts as described in Section DO). f. The Applicant shall` design and construct, or cause for the construction of modifications to, or the elimination of the median. crossings on File, #4928S /Silver.- Lake:LLC Rezoning Greenway:Engineering November 25, 2008; Revised January , 6, 2009;; RevisedjJanuary 27,,2009-, 10 Revised February 16; 2009; Revised FeGrua y19,.2009; Revised'March 2, 2009: Revised March] 3, 2009 Revised'March-30, 2009; Revised,November4,.2013 Northwestern Pike 'identified as Median, Crossing iB and Median Crossing C on the proffered GDP. VD.OT shall determine the ,requirements for modification, or elimination and shall .advise the Applicant in writing of the requirements associated with, this improvement. The Applicant shall complefe these: improvements in conjunction with construction activities assocated'with`Trader. Drive as described in Section D(3)(d) of the proffer statement. g. The Applicani'shall design and construct, or cause.for the construction of improvements to the northbound: off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete; the Route 37 interchange improvements described in this section prior to the approval- of any Site Plan that exceeds 350,000 square feet of commercial '1"and use -and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for`the construction of improvements `at. the Route 37 interchange with Northwestern Pike to provide for- a third 'westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the,Route 37 northbound` on -ramp; ;to include. the relocation of „the existing Route 37 northbound on -ramp. The Applicant shall'. complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet pf commercial land use And f05,000 square feet of office land' use or equivalent trip generation as described in Sec'tion.D(3)(a) of'the proffer statement . on the B2 portion of the Property. In the event "that Y,DOT and Frederick County determine that a monetary contribution- for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederi& Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in, Section 3,(g) and" '3(h). ' This monetary contribution shall be equivalent to the amount associated with the: improvement described in those "sections `based upon an engineering estimate agreed ',upon 'by VDOT, Frederick. County and the Applicant that will be -prepared' on or before the build out .of the Phase 2 transportation improvements. The Applicant ,agrees to provide this `monetary contribution to Frederick County 'within 30 days of written request by the County; and further agrees to allow for this .monetary contribution to, be utilized as matching 'funds by Frederick County for qualifying transportation improvements °programs or grants. In the :event that .regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are - constructed' prior- File #4928S /Si1ver Lake LLC;Rezoning r 0 Greenway Engineering November 25 „2008;;Revised January , 6,2009; Revised January 27, 2009; l,l Revised February `16,•2009:- ;Revised.February 19; 2009; Revised March 2, 2009; _ Revised March 1,3, 2009 ;:Revised March 30,2009; Revised November 4, 2013 to- the completion °of. the: Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described 'in. this section to be utilized unconditionally by Frederick County for other transportation improvements., This monetary contribution shall be provided to 'Frederick County within 60 days of written. request by the,County. 4: The Applicant hereby-proffers the following. Phase 3 Transportation Program: .a. The ,Applicant shall be entitled, to develop the CCRC and a maximum of 490,000 square ,feet of commercial land use and 350;000 square feet of office, land. use within Phase 3 that is: a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this; land use mix assuming the total, trip , generation for site plans- within this phase of the transportation program (based on the 'TTE 71n Edition Trip Generation Report) do not exceed. the total. trip .generation specified. in the November 25, 2008, Traffic .Impact Analysis .Report for .Phase 3. It is recognized that the Applicant shall complete all Phase .3 transportation improvements prior to the approval of any Sitc Plan'that exceeds 490,000 square feet of commercial land use. and 350,000 square feet of office land use or equivalent trip_ generation as noted above, on the B2 portion of the Property. b. The Applicant. shall dedicate all eight -of -way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right -of -way; however, if .necessary it is recognized that VDOT and/or'Frederick. County will assist. the Applicant with right70f- way necessary to implement proffered off -site transportation improvements, The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from, VD;QT and/or Frederick County is required. e. The - Applicant shall .design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for ;a second right turn.. lane on, National Lutheran Boulevard at the intersection. of Northwestern Pike: These improvements shall be completed prior to the approval of any, Site Plan that exceeds 490;000 square feet of commercial land' use and 350,000 square feet of office land use or equivalent trip generation as; described in Section D(4)(a) of the proffer statement on the B2. portion of ,the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road 'that is constructed to a 40 mph geometric design standard and provides for .roundabout design at the -intersection. with National Lutheran Boulevard, and left turn lanes and right ;turn lanes at all File #49288 %Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6,12009' : Revised January 27, 2009; 12 Revised; February 16, 2009; Revised February 19; „2009 ;.Revised'March 2, 2009; Revised Mdreh 13,-2009; Revised March 30, 2009; Revised November 4,2013 commercial' entrances as required 'by VDOT, which will ,provide for a connection between National 'Lutheran Boulevard and Poor House Road (Route 654.). The Applicant will coordinate with the owner of tax parcel 52- ((A))47 to obtain right=of =way .for this improvement as a first option for development of the two =lane $urban road connection. In the event that the first option cannot be. achieved, the Applicant shall design. and construct, or cause for the construction of the two -lane urban road connection between National Lutheran Boulevard and 'Poor - ,House Road on the Property.. The general, location ,of the two -lane road connection associated 'with both options will 'be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. 'The Applicant .shall, complete this' improvement prior to the approval of any Site Plan that exceeds 490,00.0 square feet of ,commercial land use and 350;000 square feet of office land use, or equivalent trip ,generation as described in Section D(4)(a) of the proffer statement on "the 132 portion of the Property. 5, The Applicant hereby, proffers the following ;Phase 4 Transportation,Program: a. 'The Applicant shall be,entitled,to develop the CCRC and 'a maximum of 583,050 square, ;feet of .commercial land use and 494;600. square feet of office land use within Phase 4 that is a cumulative'total of Phase 1— Phase 4. However; the. Ap 4licant :can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program .(based on the ITE 7' Edition Trip Generation Report) do not exceed the total trip generation specified': in the November '251 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase+ 4 transportation improvements prior to'`the- approval .of any Site :Plan that exceeds 530;000 square feet of commercial land use and 440,000 square ;feet :of :office land use or equivalent trip .generation as noted above on, `the B2. portion. of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified, in this pha "se of the transportation program, a new traffic impact 'analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that'project, which will be implemented as a condition of site;plan approval. b. The Applicant shall dedicate all right -of -way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off =site improvements within public ,right=of -way; .however, if necessary .it is recognized that - VDOT and /or Frederick .County will assist the Applicant with right -of- way, necessary , - to implement proffered off -site transportation improvements, The Applicant agrees to assume all' costs associated with File #4928S /Silver'Lake LLC'Rezoning Greenway Engineering 14ovember25; 200KRevised January-6i 2009: Revised January,29,;2009; 13 ReJiserl Febniary I6, "2009; Revised ;February i9, 2009 :,RevisedrManch 2,2W9-, Revised 'Marcb.'13, 2009; Revised March 30 2009;�Revised,,Nove'mber4;r2013 right, -of -way acquisition if assistance from VDOT and/or Frederick County is required: The ,Applicant shall design and construct, orcause for the construction of improvements to Trader' Drive to provide for :a second left turn lane on Trader Drive at the - intersection of Northwestern Pike: These improvements; shall, be'-completed prior to the.approval of any Site Plan that exceeds 530;000 square feet of commercial ,land use and 440,000 square feet of office land use .or equivalent trip generation as' described in See tion'D(5)(a) of the proffer statement on.the,:B2 portion oPthe Property. d. The Applicant shall design and construct, or cause for the construction of improvements to .provide for a third wes(bound thru. lane on Northwestern Pike from the eastern , boundary of the, Property to National Lutheran Boulevard.. Additionally, the Applicant shall be responsible for the relocation; construction; and righ( -of -way dedication (if necessary) of the existing right, turn, lanes on Northwestern Pike. at the National Lutheran .Boulevard and Trader Drive intersections. The - Applicant shall complete these improvements prior to the approval 7of any Site Plan that exceeds 530,000 square feet of commercial land` use and 440,000 square feet of office land.-use or equivalent `trip generation as described in Section 13(5)(4) of the-proffer statement on the B2 portion of the Property. 6. The, Applicant hereby proffers to conduct annual, traffic, counts that will be provided to VDOT and, Frederick, County to determine if the 51000 ADT volume is achieved to require -the expansion of National. Lutheran ;Boulevard and Trader Drive to four- `Pane urban road sections; as provided for in Sections 1)(2)(f), 1)(3)(d), and D(3)(e) of the proffer statement: The annual traffic counts shall begin .in the first calendar year that- the Phase .22' transportation improvements are completed ,and, shall. continue until the warrants.�are met for widening both street y s stems: VDOT and :Frederick County may allow for annual traffic counts to be delayed 'in calendar years 'in which there 'is no development activity on the Property. When required, traffic counts .will bei conducted at the National Lutheran Boulevard and Trader Drive intersections with. Northwestern. Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two -lane road connector' between National Lutheran. Boulevard and Poor House Road at the western boundary of the, Property.,., If.. warrants are. met based on ' the annual traffic. countsi the Applicant shall prepare and submit construction plans for ,approval. by VDOT and Frederick .County within six months of written notice that warrants :are met. The Applicant shall commence construction 'of these improvements wiihin six months of final plan approval., E. Fire and Rescue Enhancements The Applicant hereby proffers to provide, or cause for the provision of land. to Frederick_ County for, the development of a new fire and rescue station and 'File #4928S /Silver Lake LLC.Re oning Greenway.Engineering November 25, 2008 Revised Japuary 6, 2009;,Revised January.21,'2009; 14 'Revised February i6 2009; Revised .February 19,;2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised Novembei 4;,2013 support facilities on or before April 2-1, 2014. The Applicant,shall dedicate:a site fronting on Corporate Place that is located near. 'the 'intersection of National Lutheran Boulevard,. which is a .minimum of three .acres, and' a. maximum of four acres in .size, with' the, -final size of this site being determined upon approval of the Site Plan for. the new fire arid. rescue station facility. The :Applicant shall prepare and provide ,Frederick =County with'ihe dedication plat for :this site and .necessary right -of -way along Corporate. Place on or before April 21, 201'4; provided that a Site Plan has been ;approved .for the new fire and rescue station. Add, itionally, if Frederick Courity does. "not commence construction' of ' a new fire and rescue station within, one year following the dedication of the site; this land shall be conveyed back to the Applicant to allow for further economic .development. In the event Frederick County elects not to develop this site as' a new fire and rescue station, -the Applicant shall provide a. monetary contribution ,to Frederick. County in. the amount of- $100;000:00 for, the development of a new,fire' and rescue station or for the expansion of an existing fire and rescue station;at another location. 2. The Applicanthereby proffem to provide, or cause'for the provision of a monetary contribution to Frederick County in the amount of' `$1;000,000.00 for the development' of o new fire and rescue, station or for the expansion of an existing fire and rescue, station. This monetary proffer is intended to= mitigate impacts to fire and rescue services .associated With the development of the CCRC on, the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to 'Frederick County on. or before April 21, 2014 to assist. with the development of the new fire and rescue station" or for the =expa'n'sion of an existing fire and rescue station. However,, the date for the $1,000,000.00 monetary contribution payment •may be-,extended if a, Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000:00 monetary' contribution; shall 'be provided to Frederick County within 30` days of the date of final Site Plan. approval for the new fire and; rescue station or for the expansion of 'an .existing fire and rescue, station. I The Applicant; hereby, proffers to' design and construct, or cause for the construction of, all°necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for tte new fire and rescue station' ,located on tfie Property. These infrastructure . improvenents, shall be provided` by the Applicant in advance of the Phase 1 -1 or Phase 2 transportation program improvements; to facilitate the construction zof the new fire and rescue station should this -occur 'in advance of'the commercial development within these transportation phases., The Applicant shall. work with Frederick County , upon. notice by the County„ to' ensure that the design;. bonding- and construction ,of .these infrastructure improvements is coordinated during the preparation of the 'Site Plan; for the new fire And rescue station on the Property. Fite #4928S /Silver Lake LLC'Rezoning G�eenway I ngineenng+ N_wember25- 26o8 - ;Revised iarivary 6;,2009; Revised January 27 2009;; PS _ RiM§ed`Fet4!ary 0 20G9; Revised'Iebmary 14, 2009; Revised IvlaFch 2 :2009; Revised'kt ch 13, 2009 Revised March 30, 2009 Revised November 4, 2013 F. Signatures The conditions proffered above shall' be binding upon thel heirs; ,executors; administrators; assigns and successors' in the interest of the Applicants and lowners.. In the event the Frederick County B.040' of Supervisors grants this 'rezoning and accepts the conditions, the - proffered - conditions` shall apply to :the land rezoned in addition to other requirements set forth in the Frederick County Cb&. + Respectfully Submitted;: • By: Date Commonwealth of Virginia, City otint ' of r d� u C'GtL' To Wit :: Th& foregoing: instrument, was. acknowledgedebefore me this kday of Na\ e-V-VV oe: K Q VYl e �(,i �.� l !l 2013 by � S �� 4 �t tz u�ct��,Z n K Notary`Public My ,Commission Expires ? bq 'ZC�a (v. e i 5 } ►mac i i`v ZsI to, l 0 (o L r►�F' u 0F A, ;File #4028S /Silvet LakeLL@vRezz -- • 0 �C z 40 tir Nee Z z m 0 Z 0 z z 0 .... ....... 0 z Oc ............ w m G\ m z U3 U3 '06 can m m 0 m -4 N N XI i0 m1r1 m -4 —1 DDS To: cm. w Z — I r a c) 0 m m out m Ic 10 c C) .4 z m m Z* Z Z mm! m c I c m m 0 m 0 z GENERALIZED DEVELOPMENT PLAN GREENWAY ENGINEERIN 151 Windy Hill Lane SILVER LAKE DEVELOPMENT 0 f m m m m r Telephone 540-662-4185 CO3 m GAINESBORO MAGISTERIAL DISTRICT Engineers FAX 540-722-9528 I> FREDERICK COUNTY, VA Surveyors www.greenwayeng.com I (P m G\ m z U3 U3 '06 can m m 0 m -4 N N XI i0 m1r1 m -4 —1 DDS To: cm. w Z — I r a c) 0 m m out m Ic 10 c C) .4 z m m Z* Z Z mm! m c I c m m 0 m 0 z GENERALIZED DEVELOPMENT PLAN GREENWAY ENGINEERIN 151 Windy Hill Lane SILVER LAKE DEVELOPMENT Founded in 1971 Winchester, Virginia 22602 ro Telephone 540-662-4185 CO3 GAINESBORO MAGISTERIAL DISTRICT Engineers FAX 540-722-9528 FREDERICK COUNTY, VA Surveyors www.greenwayeng.com I F il:� Ll D(� :3D Iil r N M A A Z M Ili it � III /t ,- ' J II r. _IL � ' U Z I GENERALIZED DEVELOPMENT PLAN O z M m O SILVER LAKE DEVELOPMENT Fmmd.d in fs71 M I Z IF Am � ' U O I GENERALIZED DEVELOPMENT PLAN O z Z m O SILVER LAKE DEVELOPMENT Fmmd.d in fs71 M I Z O c Y GAINESBORO MAGISTERIAL DISTRICT Engineers FAX 540 - 722 -9528 I w FREDERICK COUNTY, VA TRADE i DRNE H -�i M ' Z 0 m I z � ' U O I GENERALIZED DEVELOPMENT PLAN m GREENWAY ENGINEERIN M m v SILVER LAKE DEVELOPMENT Fmmd.d in fs71 M w ro i i I� �I �I IFnI� s I I i 17 I M ■ M U) J�J Z .. on Z NATIONAL O LUTHERAN BLVD. M y Z 0 a Z c i I 1 r r j� i r-j I I s 90 InN 9 9 r r r Zm A m ® rn m w � w -- 0 3 50' 50' W U o GENERALIZED DEVELOPMENT PLAN GREENWAY ENGINEERIN m '' >u SILVER LAKE DEVELOPMENT Fmmd.d in fs71 Winchester, h ster, 22602 w ro Telephone 540 -682 -4185 c Y GAINESBORO MAGISTERIAL DISTRICT Engineers FAX 540 - 722 -9528 w FREDERICK COUNTY, VA Surveyor www.greenwayeng.com / / � I \ ws� G i "V / T l ty/ l / Cr 0 � / 8 / J \ �\J W. 17-05 0 i / v. p ` elm 0 C a Z L m m a v vvo r03 F�� v 0 DO fll 1" I / m:;N Z Z \� H C �7 mz N a ,U N GREENWAY ENGINEERII z GENERALIZED DEVELOPMENT PLAN t 0 151 Windy Hill Lane m`� SILVER LAKE DEVELOPMENT Founded to 1971 Winchester, Virginia 22802 to .5 a Telephone 540 - 882 -4185 m co to 2 GAINESBORO MAGISTERIAL DISTRICT Engineers FAX 540 - 722 -9528 `� FREDERICK COUNTY, VA surveyors www.greenwayeng.com ) * 0 RESOLUTION Action•: PLA Md',CONMIS SION: December 4,1013' - R6coffimended Approval. BOARD OF SUPERVISORS: - Decembd 11,2 1 013 ❑' APPROVED- ❑ DENIED AN ORDINANCE AMENDING TH-E,Z, ONINGDISTRICT MAP REZONING #06-13 PROFFER REVISION OF SILVER LAKE, L-LC WHEREAS, Rezotiing, M66-13 Proffer-'Revision, of Silver Lake, LLC, submitted by G- reenway Engineering, . 'Inc., to revise the proffers Mrs zM66aiedwith Rezoning �,,A,01 -,09,relating to the relocation of the site provided forthe, development of a, new -fire and rescue fkility and �support facilities,, Was Considered', 'November 5, 200�, wj h" nal revision, dated'N' ve' er14, The proffer revision, proffers ,origitiallydated 2 o mb it fi 20113, isx-epInffig, the previous-fire and rescue�.si'te. whTch,wasJocated along,NorthWestern,Pike,and Silver Lake Road, with the: new location- which will ,front ipq Corporate Place Drive .near the intersection of Ndtibnai Lutheran. Boulevard. 'The properties ar-0,10cated.ofillid.morth slcfe!of.Northwestem Pike,(TiS,R.out,e a rd and east of Poor House Ro' 5Q West); west t of Retail. 13bulov. e ad (Route, 654), and by Property Identification Nuffi4dr,&. 527A-C ;52,A-SOA, 52 -A-52 and 52' -A -,63 in the Gainesboro Magisterial District. WHEREAS the Pla bli -f'-- miin,gQo-mmjssio 'helcl�apu ic,mee ing on this rezoning on December 4, 2013 and forwarded a recommendadonbf apofoyat-, grid WHEREAS, the Boardrof Supervisors,held a-, public�meeting on thi's rezoning on December 11, 2013, and WHEREAS, the Frederick County,13,,Qard of-Su Supervisors finds the approval of this:rezoning to bean the ,,beq:.imerqsf of the -public he'A'Ith,, saf6ty, ,W,'eMare, and in :conformance with the 6nipr6hensive P61i -cy Plant NOW, THEREFOREIBEIT ORDAINED by the� Fkederi&, C.01hity."Board. of Supervisors, that 'THEREFORE, '.. 7- , - . i.. ORDAINED - �Ohapter. t6� of 'the Fiei erick Coun Coo, Zoning,, is amended °to,fe Visetheproffds� associated with -ty. Rezoning #01-'-'09'1ro.11a1fing, to fhe,,rdocafion of the,site provided for the development of anew fire and rescue facilityrafid, suppbrtficilities. 7.heproff6r-revision, originallyr Noverrilvr 25;;20,Q &, with -final 'revision ..ddfed,Nov,einb6i-4, 20 1-3, is replacing the -previous f- ire - an '-r, esc- e;sit, o which wasjoated along Northwestern Pike and Sil-ver,L' e,Ro d With the new location which will Cqfpiorate 1 Lake, - Road 1. -- " - - location - Place Drive near the, 1ritersectionof National Lutheran Boulevard, PDRes. #38-13 -This! ordinance shall.be'in effect on the: date, of adoption. F i Passed th'is.11 th dI ay. of December, 2013 by'the T611owiiag 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 I John. R Riley, it., Frederick County Administrator 3 1 PDRes. #38 -13 r Pe'ai-m-jhaev' Mkitter-s PUfsaant't0. Section . 1.5.2-2296 Et. Sea,ofthe Code ibf'Vir inia,;A'950,,as amended; and the provisions ,of the •iddeei6k County ,Zoning 'O ., dinan.qe, With re's- p e c I t to c o ndifional zoning, the Oqr.,�igpefO_ Applicant hereby. proffeis.thaf in the, event the. Board of undersigned. '6u Tg" "-- $4pprvi,�org of Fred :n , ty, Vi iniaj'�hall_approve�c6h itjohg'�zon.ng'amendments, 4b.rRe'zonin, AP 370:02± acres from plicat'lon #01,09,, Wh n�d, �er-'th6 F�ezqning. 43 L041- 7 the Rdfal Areas (RA, 'Di$trict to eitablish 238.96 a. f , _ ± :acres o_'B 2j, 13,6s'ibess General. District (Tax Map. P�Ar qpts 52-((A))'C, 52- ((A)) -50A, _5_1-,((A �) 52, 52 and Tax � Map, Pa-rcel 52�((A_))-50y-- 13 h.06± -acres of N4-S, "Medical Stjopprc �Pisiricf (T d0velopnieht 0 f the subject _ property hall be! done in conf6rrii . i . ty With the d .n terms a _ conditions 'set foifliherein; 'except t6. they extent flidt:skli terms and conditions may,be, subsequently amended `or,revised `by the Appi.icant and. Such •tie approved by the,Frederick, County Board of S.,'Ppqrvisors in accordance` ccprdance with the said Code and2dhihg;Ordifiance, The t _h f?qqi,dop4 zoning , a men ments vj J nj js, doe leer 'IyAoiAlle 238'9(1+ acre's P -d i stri h'I -:2 Bbs'4416&1.66idr t acres. Support istfl& w' ill -' comply ,w- ith "theti cond proyed as rpart,- Q f R ezon i ng App cafim • #()],�09 "Af 22 9 id -f i as S"ff oh 9- Me di��I� pp In the tevent"that ,ti conditional zoning en Ame-h s;are,.h U 1' hot granted,, the6 these -proffers �shall, be deemed withdrawn .and Have no effect tsoever. These proffers shall be- bindin g upon Phis Applicant' "arid' their .legal successor ls,h'e'i'rs,,o-i-'ass'i*giis- �1�dlc'#492gS/Silve r Lake. 0re6nwP.Y f-n&eefing No%imber 25, 2608: Re\d%-4_Janbiry6,; 2069; R64ndFe6nmryj6 0 -Re\,ieeAd:Fe6nt yiO.2()o9,-,!R-evisedmircti-2-,"2009-.,- 6 RevisC&Mieich A.1; 2000:'jRe' ii4e&l' y ti 4 201? SILVER" LAKEI�LLC PROFFER ST, -A E- T. MENT REZONING:1 R-Z,#017=09' Rural Areas'Pistritt-.�(R-A)tb Busihess 'Gen_efal Di'stri&'(02-) and MS.'Medical - Sifpp.ort, District, '(MS) PROPERTY. ;37"2 -±- :23$`961 acres; Tax Parcel s452-((A-));wC, �2 52-((A))'_50A' 52-((A))-52, "Property ")' and 52 7((A )) -63 _'h&6 I n afte� the 'P RECORD OWNER: R. Wilkins, III'; Manager APPLICANT: "gilver,,t-ak6,,'L.LC:"{6ere-"in,after the "Applicant'' PROJECT NAME- :,Round Hill Comm6ciaj�Cent&v&The Village, atOrchard Ridge — A. National LLith&rari:Home.Cb-mriiu'-'n-ilt'y" ORIGINAL DATE. OF PROFFERS- Nov'e"inb&- REVISION DATE: , 'N4 1140, 4 'November 2 -o Pe'ai-m-jhaev' Mkitter-s PUfsaant't0. Section . 1.5.2-2296 Et. Sea,ofthe Code ibf'Vir inia,;A'950,,as amended; and the provisions ,of the •iddeei6k County ,Zoning 'O ., dinan.qe, With re's- p e c I t to c o ndifional zoning, the Oqr.,�igpefO_ Applicant hereby. proffeis.thaf in the, event the. Board of undersigned. '6u Tg" "-- $4pprvi,�org of Fred :n , ty, Vi iniaj'�hall_approve�c6h itjohg'�zon.ng'amendments, 4b.rRe'zonin, AP 370:02± acres from plicat'lon #01,09,, Wh n�d, �er-'th6 F�ezqning. 43 L041- 7 the Rdfal Areas (RA, 'Di$trict to eitablish 238.96 a. f , _ ± :acres o_'B 2j, 13,6s'ibess General. District (Tax Map. P�Ar qpts 52-((A))'C, 52- ((A)) -50A, _5_1-,((A �) 52, 52 and Tax � Map, Pa-rcel 52�((A_))-50y-- 13 h.06± -acres of N4-S, "Medical Stjopprc �Pisiricf (T d0velopnieht 0 f the subject _ property hall be! done in conf6rrii . i . ty With the d .n terms a _ conditions 'set foifliherein; 'except t6. they extent flidt:skli terms and conditions may,be, subsequently amended `or,revised `by the Appi.icant and. Such •tie approved by the,Frederick, County Board of S.,'Ppqrvisors in accordance` ccprdance with the said Code and2dhihg;Ordifiance, The t _h f?qqi,dop4 zoning , a men ments vj J nj js, doe leer 'IyAoiAlle 238'9(1+ acre's P -d i stri h'I -:2 Bbs'4416&1.66idr t acres. Support istfl& w' ill -' comply ,w- ith "theti cond proyed as rpart,- Q f R ezon i ng App cafim • #()],�09 "Af 22 9 id -f i as S"ff oh 9- Me di��I� pp In the tevent"that ,ti conditional zoning en Ame-h s;are,.h U 1' hot granted,, the6 these -proffers �shall, be deemed withdrawn .and Have no effect tsoever. These proffers shall be- bindin g upon Phis Applicant' "arid' their .legal successor ls,h'e'i'rs,,o-i-'ass'i*giis- �1�dlc'#492gS/Silve r Lake. Greenw a} a.ngincering Novem6 i, s. 200$ Revised lanuaiy 6 �0(KJtaRev�sed'`J3nuary 2T X009; _y 9- Revikd February 19. ?009. Revised March 2 200.9:: Revised 1"eliruar 1'C� 200 12cv�sed tvtirch 13 .20(191 "k eviscd.fviarch'30 2009 iNe lied N( virn3ti 2 PR'OFFE2 STATEMEN T A. Generalized D'evel'opment Plan I: The Appliclnt'hereby proffers; to °_s�ibinit a Generall'zed Developmen Pl'ai (the ".GDP") for" the Properly. The purpose of the. GDP is to., identify the general location ,of: the'B.2, B'usih4s• Geiieral District and MS;.'MediCal Support District areas, the `general''location of the proposed future Fire. and° Reseu'e Station area, the general location of the. proposed °future :passive open- space area, the general location of tliev,5040`dt green strip enhdncement'arex' ahe general location of. the 1040t asphalt t dil,Isystem', and the. general' location of the phased transportation improverrei�ts areas wthin:and adjacent to the.Prope>ty: 2. The Applicant hereby'proffers to develop -the Property i,n. substantial conformity, with the proffered GDP, prepared e.y Greenway dginEertng dated, °dctober 20,1'N The.GDP is recognized to be a conceptual plan and :may be, adjusted by the Applicant .to acco niiiodate final design and engineering constraints without, the' need of - new conditi'orial rezoning: approval by the Frederick County. Boaed� 'of 'Superv;isors,. provided That 'the adjustineiAs do not efimi_�ate or substantiall 'y_relocateahe'areas'described ine'Sccti.on Al of'this.proffet statement: B. MS, 'Me(fi6i;gii0port.Distriet:Area 1. The Applicant:- hereby-, proffers: to_•develop, .o'r cause for" the development of a Continuing ,Care Retirement. - .Community ,(the (CCRC ") on 'the portion 'of the . Property proposed to be .zoned 'MS,, Medical Support District, and to. exclude all. other MS, medic a] Support District land uses' not expressly permitted within S' ctibn 165- 97 165= 504:02(B)(7r) of =the Frederick County'Zoning.Ordinance. 2_ The Applicant hereby proffers to limit-the maximum residential, den- wi'thin'the CCRC to eiglit.:units per acre. The ma- muri residential; density, total <shall include' all; independentyl ',ving,ututs,,assisted' care ;lying units; and skil_l.cd nursiiig. care.,:units. 'The location.ai d= tortalsfor: the residential units: pee fled in this SEGt" shall beprovldetl,on the Master Development Plan forthe' 'Pro perty. . Fite, #4928) /Silvcr'l ake CLC:,RC oiiiiig Oreenway Engineering November 25,.2008; Revised January 6„ Revised'January I I - 7. 2009; Revised Febmar '_y 16, 2009; Re%qsed 19.2009 Reviscd March 2. 2009:, Kevlised'l4arcW.6. 2`009; iicvised Maich -1 01. 31*. Where buff&r areas are requ.ired'and mature woodlands:are in place, the Applicant will' request Approval of the. use of thestWoodlaiid features to satisfy the buffer requirement during the consideration, of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spimiing W L4ne At., es I -6 aj outev 'as - d Section -D(2)(1) of the proffer Vtj iona ul� r 1# statement, and further- proffers. to provide a maximum of two commercial entrances on Ngfidniai cLu*&rpn Boulevard ,vatd to provide access to the CCRC. C B2, Business General District Area f. The Applicant hereby proffers. to prohibit the following land uses currently allowed within the 132,,District: ➢ Truck Stops > Golf Driving Ranges > Outdoor Batting Oages > Model Home Sales' > Self: Service Storage Pacilities ➢ Adult Retail, Establishments 2. The Applicant- hereby proffers to prohibit individual Rill service commercial entrances. to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50,Westj and ,P6orh1pu1se,Road (Route 654.);, 'however,, right-in or I right-out only �access to 32 District land * uses that intersect Northwestern Pike shall be permitted- if Approved iby,VDOT And/or Fredetick-Cbtfnty. 3. The Applicant hereby pt6ffefs to establish a green "str - 10. along the Property frontage Adjacent �t.o. the Northwestern. Pike corridor that is 50 feet in width. Parking lots and Access drives shall be prohibited wi , thin the•.50-foot green strip, except for access drives permitted as'described in:Section C(2) above. The,entire Property frontage of the 50 -foot green strip shall be enhanced with street trees that are a m , injrriurri.'�&'2-indi caliper at planting,,AP.d spaced a. maximum of 30 feet on Center, ornamental shnibs that are a minimum three-gal Ion, contai net at planting, as well' as an asphalt bicycle: and pedestrian 'facility, that is 1.0 feet wide The installation of the street trees,, ornamental shrubs, and bicyclia and pedestrian .,facility located within the 5046ot green ,strip -shall be required as-'specified in Section Q8)" of the proffer statement. 4. 'The Applicant hereby proffers to establish street tree plantings, along both sides of 1_1 T -0ing xatildildl•utheran dievairdrand-,,Silvei 1=614 Tridde7t throughout the limits of the B2 District property. All street, trees shall be a minimum of two-inch caliper at. time of planting and 'spaced ;a makimum, 40., feet on center. The street trees shall be located betweeii tW baek of euFb And F-lie #4928S/,Si1'YerT,ake-1_J.0 Rezoning, Greenway ng pee ritig Noveffib '25.'2608, R�'vis e d January 6.30Q9; 1 Revised January 2 7 , 4 Revised February 16, 2'600,RevikdIF--chruary 19. "2669 ,I Revised Mirth 12009-, Revised MarchA3; 1009 evised :Mar.ch 30 20 9 11 0 00ikij�ii�o t4t Osphok 44i ouWi X )t the ,, T. . P ;�y. — 110- f Wq 5. The Applicant hereby pf6ff&rs to esfablisha linear DassvY'e'j;open'spac6 area in the geff6ral location iden-tified,on. the pf6ffeTedGI)P'r which" will .be eAhanded .with a I'0466t,asphalt trail., system between P P $OiAO��k' 1� W01, 1' NAfiOhAPLLfthetqn and. Nokthw-estefh Pike a 'f 'n Section C(8).Of the proffer --s $pe,cijed : in statement. 76. The Applicant :hereby proffers to pf6ylde. :foe inter pared cQn nectbfs between all adjoining commercial' and ofU'b _Land ibses ,,unless ,prob ted i p-qgrA hi" c to P 7. The Applibatit'hereby- proffers lo includes aii, additional row .of evergreen trees within all feqdirbid buffer And screening areas -,a 0 land . _Ojaderit,t primarily used foi- re§id6ntid] ,purposes in_a.h,& RA District 'Ifi which accessory sory msp - s are proposed withintheac(N portion OA , he buffer I area. 13 The Appliftnt profkfs 'to besign and construct;. -or cause for- the construction of an asphalt bicycle and pedest'r'ian'° fa"c-i'li�t-..y:'t'['ia U fs! ten-fe6..t wide. This location of-,thi's facilftyAs ideftified. qii _the proffered; G DP and will be.located outsi&of�pukli& right of -way limits. Th1.'9 fucifity will.be developed asfollows: ➢ The, fQ46oi asphalt &AH. locaCM -,along _.'the ',*:south �sid6, of the Phase 1. tjo B,"-'I&v&,d shall 'be se m pt,,,6f '18piii4iff' r. -h 4,-Lahe 'affieran- bil g e g W e,e developed ,during h d' nt as specified g,t e -cons trucIJ6 h .6f this roa segrne., 8ecfibn0(2.)(O! of the proffer statement. ➢ The 10-foot, asphalt, trail located Ialong, the south side. of the Phase 2 spgnep (, of ,Hi°g WhM.IM N , 6 i, i6n 0,L'uSe ran Boulevard " - shall be deyelbbed;AuTj.ng the constru c tjo n10 ft . s, rod-s e arnent as specified in Secrtion D(3)(e) of-the proffer statement.. > The 10 -foal A-901i4it trail`. located i-along,-Ih6 pass, i . V e ro . pen.s I p aceateashall'be 0evelop0"qq Or before. the,-c6mpledon of the com'mer6ia f development-' am as r ,Permittc�d 'uhd&r,,th&'�PIla!�e,']Tt�.nsportation.!Pro 9 �spectfied in. Section. p ' DJ(2)(� of'the -rof . rfer'; statement., > The I0A6bt asphalt- trail IdcateO'dlong, the sobthern;`tbund4ry,. of the .dentified DP shall 66 developed ,d6riqi the erty as 11 on the;G construction -,Of the Phase. 'I segment !of Spi National 4ithdf;ft1;, ROUI&V4riq ;As specified in Seoi-on, D(2)(f) of the Proffer statement. > The 101-foot - A— sphA`- lt trail located along ' the, southern .bovn- dV , Y of the PrOp6rty identified-As Area I on then GD P shall be A 6yel0pbd prior 'to the issuance ofthe, ocCLIp'ajicy permit issued f6r'the first",6ommer' cidl building ", ' ,Perrrut locate d in th6 land biv between gpioipg W N �e�i 4=afii� ' lftibhil FiI6#4928S/SiIvefr'LakeLLC.Repqi' ' __ng Greqn%Oy Ei_4 Owing, t� Re isMJdiiuSr07,, - 2009; 9 November 2008- 1 eviscd,lanuary 6. 2009 v , h 2, 2 16,'2009-. Weviseb P&mmry 1 ,200 -., -ke%in ar c Revised -March 131. 266 .;'R6ised` aFch 30A00,:i b The 1046ot asphalt trail located along "'thd,.southern boifndary o I F the PrOPe ty identified as .Area. 3`. on the GDP sliAll be developed prior,to he issuance of the ,occupancy permit issued ,for the- first bUilding pbi rnit-16caled"in the land baybetweei i-v.e •and thezastern boundary , of1hb," Property: 9- The Applicant hefdby pfbffprs,,tb establish an Architectural Reyiew Board (ARB) for the 'purpose of revieWJ.ng.structural eleyafi,6,ns,,,si'te,,Ia..iid-sca'pi-iig.-.and signage for all commercial sites ites to ensure . coyp A1 bilil It Iy , _with 14 , the : " .restrictive fictive cove nant documerts, fo� the. O6 �qy - The restrictive covenant ocurii6rts' shall be provided F're-de'n"'ck'C-,'o-ufity,.,prior "to ,the- subdivision of land within, the B2 District, 'or- pri-dr 'to, the. approval of Any site, deV81.ovifiebi, P'14n' within the B2 District. The restrictive . cov . 0, nah t d O'C-U- n . iehts. shalj- I'nAide,, but not be limited the following design ele"mehits* Blufldihg-Matefials for all extOr ' j6rwaft and - rooflin es ➢ M.a-ter'ia_l§ fok, Ati"m'6n-ii-m"ent,frei�-,'Stlatid-'i'tig'b6si'n-'ess,si, pis. The materials f6r the 'base'of all monument. freestanding business. signs shall be consistent tho.uklioulvfhe° 13.21,Piwict. ➢ Scre&rfi ng of all loddikg area§:fforn adjoining Oropi&rties,ekternAl to the B2 District., > Screening' -qut- door d UM O §ier pad ai&8 with, h iilding materials consisten['N;�i.ib.tlie'ptiffi.ar, y sthicture. A Trafnsi)drtatioii,EnhA-neetiieii& 1. The Applicant liqs..sub4'nitteJda. Vaffid."Imp act Analysis IA), pfqpared by PAttonj 'If4rris,., Rust and Associates; ddted -November' 25, 2008 -f6r the 3170:02±, acre i'm6foverneri the network Prop6, W. The TIA iddritifi- LStot erqg!o_.' to account ':for -.'backgr6und,2und&Veld-ped projects and th&,Ai)15l . idAnt's proposal'' : - 7- .,. r _. -, P ,through �fQtlr,-biiases' ofdevel.opment.-'�Tlie Ikppjicdrit,h-erdby proffers toAesign and, construct, 6 . r , cause for .,tKe'-,qins'tru'ctjbJn of irb.orbv6therits to• the regional transportation network. as a phased deWlppM6ht:prpgTam ;that m,described in -th is, section o "f'the ed prdffer statement. Additionally, the, phas dev pment-pTqgram is id'eniifiediin iffu'straitivid form otiv'tfie proffered. GDP.. It is, recogiiized� Z d4ithe, Phased. Iran'sp-oftalion-, impfovem-ents proff6red, 'herein 'will ,be :C'onstructed as scribed in this itcfibn, how-eve:rj, the . enact. location '- iand ,.limits of these Imprqyements will. be determitied,by, Vp.',OT and/or,]Fredeeick- C(It! Pty-00ring:thd 7. . &hgiaeefi'n&-*Sigjj OlatiS. 'It,iS ftirtherreco0iized tha.thplocAon :C�f, the regi.onal network identified in ijiuWi6ve fort po rtation ne , wor, trn prov6Mefits on tl -Tri e ie�PJ70, -ered,,GPP or oefieral in n- d be relocated, to accommodate qture:an may NDOT,engifi6eting 'design, plan,4pprOval Without, the tided. fdr conditional zoning: amendment _ to`the.,GDPIo _ r theI)rbff etstate - Ment. Fj16#49218S/Silver [Ake:UC Rezonihg Grcemva}L-- 4ineering 'Novernb 2i,'200R RevisedJaneiar `}.6; "2d69;.Revhcdlanuary'27 „2009; 6 Fjcvised I-ehniary,16 20W.Re%�iSed,rebruary 19; 2009 Revised March 2 2009 ;, Roii,ised,Mi ch .1.3.,2009 ;,Re%,ised ,March 30,- 2()09. <"Re'vised,Niwtmber 4,;?b 13 ,2. The ApplicAnt,h'erebV proffers the fol,lowing`Pliasc,l Transpgrtation.vrogram :. a.* The Applicant ;.:shall° be,.entitle.d•to develop the ,CCRC and -a maximum of 1.80;000 square feet. of corrimercidHand. use within Phase 1. `However, the Appl>cant can .deviate, from ;this land use mix -assuming the total trip generation for site p� ans within this phase of fl _e transportati on, program (based on,ahe ITE 7 ~;Edition. T`ri'p: Generation ,Report), do• not exceed the total trip generation specified. in die Noveriiber `25 2008 Traffic -- Impact. Analysis "Report °for Phase_ f:. It i`s recognized that the Applican shall coInplete.all Phase l transportation improvements prior- to:the approval of any:Site Plan that exceeds 1> 80000. square feerof commercial land' use or equivafeht trip `;generation as- noted. Above. on "the B2� portion of the: Property.:_ b. The Applicant shall dedicate gall right of -way •necessary for the Phase l improvements that will occur, on the Property, to VOOT or Frederick County: The ,Applicant will attebpt .to design al oft =site improvements -within, public right -of :-way; however, if necessary it is recognized that VDOT-.and /or Frederick Comity will assist the ;Applicant with right-of- Way necessary to, implement proffered off-site transportation improve e.nts:'. The �Applrcant agrees to assunte.;all costs .associated. with right =of -way acquisition if' assi "stance from VDC)T and /or Frederick County is required Q. The, .Applicant �shal.l 'execute„ or cause for thee execution of a: traffic 'signal ization agreemeht`wiih VDOT to .fully` fund new traffic signa.lization at the, intersection cif. Northwestern Pike ,(U.S. Route 50). and Poor House Road (Route, 654).' The traffic sigInalizdifon, :agreement shall,,be executed within .six. months Of final non- appealable ;rezoning approval,;, or prior to approval of the first Site'Plan for the property; whichever occurs first. d. The Applicant :shall des-'ign aid ,construct,. or cause for; the .execution of a traftie•signalizati`on "agreerrient with. VDOT, ib fully 'fund new, traffic signalization• with pedestrian _ actualization aat, the inter -section of Northwestern Pike (U.S Rou'te 50)' and the relocated: ire Natrona( Lutheran A130 1a*— t 'fhe Ap licant shall provide P additional funding necessary Ito provide for „pie ernptlon'cont>cil�f ©rdtlis liaffic ti-&l rf they, , ourity recj'tiests` the land far, the 3 6 fire 'antl rescue ;rrxa r d ti tacflitytprovrried n'Secton E(1 °;) oaf ltd%' proffer sCalemeiit Inthe'everit °ttie• @ou aty does not- request the 140 "for. the p - 4frr04f rescue facrli tl e: additional = funding for ti-- Vprezmqmptlon lcontcol shall; be• made availabl” Rj pre;eiiipt�o_n controi for the�traffc =signal at ilie intersection -tof Nor t]iwestern Pike ancl.?POOr' tHous .Road that° is desei'rbetl ;in Sectiow , D(2)(c) of thc,prdffer statement The: traffic "signalizatiori agreement hall be. exec u'led within one year of final' non appealable rezoning :approval, •Or prior to approval of the first Site ;Plan for th6 ,property, whichever occurs File #4923S /Silver Lake LLb Rezoning, �ireenway <1369incedn' t November ji ;,2008 Revised l3iivary 6 2009 Reviseb Nnuary 27, 2009,, T RevisedT-- ehruary l6 240 ,;Re isu f'chruary ] y �QQ9 fteviset('-iv imh 7 2069 R6i§ed M5 cli 13'; ev+seti NOyemhta'4.2013? 'first. The, Applicant shall° reserve i,'the right to preempt .,this; agreement .by initiating a. signal war " " ran t: study and s>!gnal design plans in accordance with VOOT staridards far appra:va) to install ;traffic signalization at this ' intersection, e., The ,Applicant sffAILdesign; and construct; or cause for the construction of irnnroveinehts _�to the median, crossing including a. westbound right turn . lane and, left turn lane and an eastbound left turn .lane on Northwestern Pi;ke,,at the intersection •oF the relocated " �R 1z "' °e' 64fle. Natiai al Luthef a n ;,tRo _U Ie.v ardt. These "intprovernents •shall be completed prior to the issuance o f the first occupancy perinrt for.:'the land, use utilizing So Lutlierati`• ,B ulevard for .access to Northwestern Pike: - f. The Applicant shag design arid construct, or cause `for t11e construction of improvements to ? at>onal Lutheran ,.,Boulevard within the-Property ,to provide for -.'road section. that is constructed to a 40 mph geometric design. standard =and provides ;ri.ght of -way for a future, roundabout, at "the intersection with: r' r aki` n ° `Tr�dei. %jUrfave; and left, turn_ lanes and right °turn lanes at all ;internaf collector street intersections and. at .eotnmercial entrances as required by VDOT. Additionally; 'the Applicant shall dcsi.9r1 'and construct, or cause for the _ construction of separate right andAeft. (utn lanes'.on SHROj^R'Wheol i-an National Lutheran BoWevardat the intersection of'Northwestern Pike. ,National Lutheran Bouleaid' shall be developed as ., }. , a four lane divided r urban road secti.on'hetween Northwestern Pike and the future - roundabout, and .as ;a two-lane road section - between the future roundabout and' the limits .of Phrase I , with .dedicated right -of -.way t& Frederick County. to 'allow for a four-lane. urban road ;section. The construction of the two. -lane _road section shall; :include a raised median lsection necessary to ',tran'si.tion from the roundabout- ;into: the urban road section Aesimi These improvements shall be :,completed prior to the "issuance of theafi_rs`t occupancy permit for ;the land use utilizing. National L "utheran Boiilevarid'.., for, access to Northwestern 'Pike. Furthermore; the' Applicant agrees, to design and construct, or cause.. for: ;the construction of,.the ;four -lane _.urban' section between ,the, future roundabout and the Jinn is of :Phase: 1 if this Improvement, is warranted . based on future.trafiic�counts as described'in Section 6(6).. + g. The Applicant shall design and,con_struct, or•.cause.fo-r the.constructioil <of z modifications to, or the elimination of the: median icrossing on Northwestern Pike identified, as:Median Crossing,A.on tine proffered GDP: VDOT shall determine the requirements' for modification, or .eliininatiori and shall advise the Applicant �in writing of the° :re`qui'rements �a 6itif d with ^this mprovemena. The Applicant shall .c ompletethese iiriprovernents " File #.4928S/Silver rLake U C12cronh*, Grccnway Enginecring November, 5. 2008 RI evised January 6 2009;,Re�rscd Januar} 27; 2009; S Reuscd l;ebruary F6,;260; k&ia cd i --ebruary 19„ 009 RCUScd March 2 2009: , Revised March 13 2009: Revised March 30;:2009. RAi,rii #1�'ovem8cr4,,21)i3 in conjunction with construction activities - ,'associated with. :tae Nat'onal ILuthera'ri Roulev,ard?as,described in Section D(2)(f) of the proffer statement. h: The Applicant" sliall.des�gn and, construct, or cause for- the construction of improvements to the :southbound olf ramp at the Route 37 interchange with `Northwestern ;Nke to provide for a: free flow right turn lane onto - Northwestern 'Pike: The Applicant shall -complete the, Route .37 •x interchange improvements desdri.bed. iii this section p i;b. r to the approval of., any, Site Plan that,ekceeds 180,000 square feet of commercial land use or, equivalent trip generations as described. 'n, Section D:(2)(a) of the, proffer4atementon the I32 portion of thelProperty.- i'. In the event that VOOT and,.Fredecick County deteriri`ine that a monetary i contribution for= .regional transportation improvements to the Route 37' corridor b"etweew the" :Northwestern Pike interchange and the North rreder"ick Pike ilifiterclianjze- :is desired, the: Applicant agrees to provide a monetary'' contribution in- lieu of ;the ir'npyoven ,ient described- in Section This monetary,contritiution. shall be equivalent to the amount „ associated with ;the 'rnprovement described in that s&tibn based upon an engineering esti,rhafe agreed upon .by VDOT,: Fredefick County and the Applicailt;that will be prepared on Or* before the build out of the' Phase 1 I transportation' :improvements: The Applicant °agrees to provide this monetary contribution.,to Frederick County within v30; days of written { request by the County;, and` further, agrees; to allow for this monetary contribution to be utilized as; matching funds by Freieiick County for qualifying iransportation�improvements programs or.grarits: 3', The Applicant hereby proffeis the followi fig, 'Phase ;2'Transport ition Program. + i I: a. The Applicant shall'b'e entitled to'develop the CC and a,mazi "muiii of 350 ;000 square feet of land u "se and` 105;000 square feet of office, Iand° use within. Phase 2 that is a cumulative iotal:rof Phase 1 - .Phase -2. However; ;the Applicant, can deviate, from ,this, land `rise mix assuming the total' 'trip generation, f6r. :site pl'an's within this phase of the transportation program (based 'on the .ITE 7`h "Edition Trip Generation Report) do., -not exceed the total trip generation specit7ed' in -the. November r 25,,2008'Traffic Impact.Analysis Re pQrt'for,Phas_ 2. Itis recognized That the. Applicant shall , complete all Phase 2 =transportation improvements prior to the approval of any Site Plan that, exceeds .350000 square feet - of commercial land use and 105,000 square feet 'of office land use or w equ yalent trip .generation' as- Holed above on the `B2 portion of the `` ` Property: 1' le #4928S /Silver Lake LLCM.onimp Grecmvay I' ngineering November 25, 2008; Revisal Janpary -6, 2009::ReAsed . mary,.27 20099: 9 Revised febmary 16, 20W: Revised 1 =66r ry 19; 2009: Revsed March 2,.2009: Revised March 13. 2009: Revised fvtarch 30: 2009 Rei %kcil Novenitier 4 ,2(lt: b; The Applicant 'shall dedicate all right -of -way necessary for the Phase 2, improvements that, will occur on the Property lo VDOT-or Frederick County. The Applicant will attempt to 'design all off -site improvements within public right= of;.way;. however, if necessary it is recognized that VDOT and /or 'Frederick County will 'assist the Applicant with right -of- way 'necessary : to.. Implement proffered off =site, transportation improvements. The Applicant agrees to assume all costs associated with right;of -way, . acquisition if .assistance from VDOT and /or Frederick Countyis required. -. c The Applicant shall design and construct, 'or cause for the execution of a traffic §ignaliiation agreement 'with. VDOT to fully fund new traffic signalization with pedestrian actualization at the, ,intersection of Northwestern, Pike (U.S. Route 50) and gli.iyef Lake, Ti`_dei -t- Qri`ve. The traffic signalization agreement shall be executed prior to the issuance of'the first: occupancy permit for the land: use utilizing Silvef Lpke. WTradef Drive, for access to Northwestern Pike. fit shall PFO�'jde additional _ funding Fo,_ tl t.•.FF :n., :1- if t44 rj! o .,t . sts.'the 1'.,:4:d f:_ 'gh4np&ly tina. And I • I ' - The Applicant shall reserve the ,right to preempt this agreement by ini iating,a signal warrant study and signal design ,plans in -accordance with VDOT '.standards for, approval to 'install traffic signal izati.on at this intersection. d. The Applicant shall' design and constrict; or cause far the construction of improvements, to C''•' °�� r ^�° °� ^a Trader Drive to include a two -lane urban road section with :a raised ;median to the f rst,avaiIable- commercial entrance that is constructed, to a -40 mph geometric design standard and provides for the construction of the roundabout, at the intersection with =National and left turn lanes acid right turn lanes at all commercial. entrances as required by VDOT. Addlt>_onally,. the- Applicant, shall .design and construct, or..cause for the construction .of a median crossing including a westbound right,turn lane and left tiirn lane and an eastbound left. turn 'lane:on. Northwestern Pike at the' intersection of SilYeF LffW" Trader Drive. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350;000 square Feet of commercial land use.-and 105;000" square :feet of office ,l-and use or equivalent trip' ,generation 'as described, yin Section D(3;)(# of'the proffer statement on the -132 portion of,th.e Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall` be completed with the, Silver- Lake File'; 49285 /Silver lake 1. J: - Rezoning di6enWay, Ehgineerin& Ndyc6ibef -25 2008 Rc4ISM,January 6, 2009;,,Rcvised Januaq�'27; 2009., 10 Revised t ebruary 16 visc 1:c rtiaq R 2009 ; Reused March 1,20M. ROsed march Is; -a ; Ikc,,qscd march 30,,20o9,, MCVISCCVNOvernharC 2013 ifiod6r. Orl e" intersection ' irn-'ptovernbrifts, on Northwdstern Pike;. Additionally; the Applicant shall 'dedicate right -of -way to ;�__ County,` m O aliow-fat a four_Ila',urbdn road 'section 'section f ;-e F�j • d further 'agrees ,to design, and `cbn'sttuct-,,.or cause for the, c6fig �cfn of the fou r-lane urban. road "seciibn:if` thIs I is warranted'based` ,on fufuretraffic counts, as d sciibed in Section D(6): e. The Applicant pp icAnt shdll design,and coristruct; or- ca6se,,fdr thecon-9tr6ction of I._ to : lnnprbyernents�,_ -ObdWard to the'ran Red -to.a 46 mph provide for a two 7:lane ;utbaii' road ,:$ecti"bli `f at �is'cons'6'u geometric.. . p't -'standArd and t, turn ]an-es and right ght turn ,ric. , esJ n _,.,proVides� fof-ldf Panes at all . i I riteffiaL 'do.116dpr 'street, inteirsecOon-s . 'and; at commercial entrances as; required by Y-DOT,, which continues "from' the 'terminus 'of n4bbkv -,-,'c struct I e 1. i iid., constructed in Ph s" 10, a,,�coiifiectibn dt,th& aifiters&c6on of Retail Boul&yard', The Applicant to- t sha ll Offipl'e' ' h" tse irh'proVeniehts'bri0r, tQ' the ,;approv,a_l of any Site Plan that exceeds :350;000• square , e commercial, land, use and lUQQQ squ . are. fedt..6f off c6 Jaiid ifi se or equivalent I I ivaleff(Crip,gendratibn,as described in Section D(3) _(4)"of fife " Diofefer#atement oiy the "2 `bortio.wof the Property. Ad"dltJona I f-th Applicant licafit :001; dedicate-' -fight-of-why to Frederick allow fora four -lane "lurban - road ,.section for - -:8pinai�g- 4� Late National Lutheran further a gma', design and .e construct; or .cause �the construction bf;the, fpUr, ane urban section if this inoroV drfeht is warranted on future traffi', _6�n' t -as described f. The Applicant "s-h 'all 'd'e*si" and, nstfti&, :6r',caus6 forjth�, construction of gn O modifications- to; - or, the , Te l'trubdii0b of. Ah& a0ian crossings on NbrthWe"s'terh Pik& identified as Median.Crbssih2 B Ann d Media' Crossing. C 'on' the. p-toff&r6dIGDP.. VDOT shall determifid the re'q'u-irements for rnodifitcAn _ 0 nj-, or elim'i'naitfoh" and ,shall advise Ifie in writing of , III& -requiternenis as`sOciate d `vith this iJMipf0Qrndrit.I• The Applicant' shall complete these-..rnp . r o vene nts in tOnjunetion.,-with-con-trtcfibn activities �_1Drrb:' gAescribed in Section associated °with Silveo 'Lake' K4ad 'Trader` mv, a q•the•,proffer,sta'tement. g., The Ap Oiicdht sha. II desi n;;"'d'cbfistruct, or caCisd,Yor the construction of improvements to. the .,northbound Off ramp at. the,.'Rqute! 37 inter6hang& With N,6rthw_estbrnPike'-,tb provide fo r a secqnd,right turn. 'TheApplicant 'shall coniplbte the Route 37 Interchange iffiproverneftts- described intfi.is w section' ioi� the' approval i of,any,Site Plan, that exceeds 350.600 square, feet-,of ,commercial land' use And 105D0.0:osqu`ate'fOet oTbffim land, Use or equivalent trip, generatiob as described ihi Section D(3)(a):,of ifie•pfdffer' .,9fateift6int on.the MTortiow-of the Property.,. File 4,4928ShSilvcr Lake LLC'Rezoning •` is Grecnway`t•nginiering, Notemher 25, -200& K&ised ranuar} 6 0.69: R4vc,ed,lanuary 27 20139; !.1 Reweed febrn try 16 2009'Revcscd F= bnrary 19, 2609 Revnsc.dl March :2009: Revisedet rch 13; 2UU9 11eviscd :March 30;,2UOrJ Revised Ncrv4mb�rir 2613; lit The A licant shall desi and construct,,0r-taus e :for the construction of pFi gn °, imp>ovements,; at,-.the 'Route 37_-inierchaitge wi h,. Northwestern like to provide _ for a third :westbound thru lane. ,on Northwestern Pike tinder the Route°37 bridge;str' clure coatintri't g east to.the transiiion forthe`Route 37 northbound oh- ramp, to include the relocation of .ihe :existing Route 37- nortlibound On-ramp, The Applicant shall Complete.' the Route 37 interchange ffi) provements,'descnbed in this section prior``to the approval of any Site Plan that exceeds.350,000 square feet of co- himerciirl land use and I6,,b60's4uare °feet of office land use-or e;;quivalent "trip generation as - desscribed in Sectibb D(3)(a).of the, proffer statement on the 82. portion of the; Property• - L In the event that V0 T and' Frederick County determine'that: a nnoiivary 'coiitribution for regional transportation improvements; to the Route 37 corridor, between the Northwestern Pike interchange and' the, North Frederick Prl.e 'interchange is.idesired, the Appt;cant.eagrees to provide° a- rnonetary. contribution in lieu: of the improvements ,de cribed to Section 3(g) and'- 3(h):; This- monetary contribution shall. be equivalent. to, the amount�as'socia'ted wlih :the improvement described in (hose sections ,based upon 'an engi'neering estimate agreed upon by VDOT :Frederick °County and the A;pplicaat that, :will be prepared on or.before the build out -of the Phase, 2 transportation improvcmen_ts The A1ppijcani agrees to provide 4 this, in to Frederick County within, 30 days of written request by the 'County, arid. further agrees to ,allow : for this monetary contributlaa toy be udli,�ed :as iniatching,'funds by Frederick County for `quallfyrng;transportatiori improvements programs or grants. In ;lhe ,event that regional transportatron.'impfp ements to the' Route 37 corridor°:between the Northwestern Pike interchange are constructed prior to the, completion�,of'the Phase 2 Transportation Rrograrn, the Applicant 'agrees to= provide'a monetary' con rtbution equr�alent to the amount associated with °the improvetiment descrrtied rn tftis section to, be utilized unconditionally by Frederick County for. other transportation improvements `This rmonetary contribution shall b&,provrded °to Frederick County withr_n 0&days;,o(writt cm, request b.y the;Cou11 4 ThefAppli ant hereby proffers fire following:Phase 3 Transportation Program: a_ The Applicant ;shall be, ;entifled ,to ;develop: the CCRC and a maximum• of 49Q,OOO souare feet of commercial' land use and 350;000. square feet of office land.(ise within Phase 3 that - is;a cuiimulative total'of'Phase, I - Phase 3. However, the. Applicant can deviate,froni this land use mix assuming the total ,trip° generation• ;for° site plants within this. phase of the transportation :program (based biv ;the ITE 7` Edition Trip . ',Gerieratibn _ Report), io notexceFd the° total „trip generation specified in theNovember ° 1 ilc �4928SfSilber'La!`e L;I�C'Rezoning. 6cceoway Lnginceiing Novernher 25 r2'068 ,Revised January G 2069: Revised January, 2i. 26x19: 12 Rey se I February+l6 2609; Revised +February 19, 2009 Revised March ,1669:' 6Re' V s4Marcl 13. 2609::Reviscd March .3`0. k:69" ;Rcvis 1 r4'avenit cr 9, 261,3 25; 2008 Traffic; Im.paci Analysis Report-.for Phase 3., kis recognized that they .Applicant shall , complete all Phase '3 `transportation .improvements` prior to the approval 'of any;Site Plan that exceeds 496.000 square feet.of commercial land ° use and •3_..0;000 square feet o f, :office land: use. or :equivalent trip generation as noted aiave` on the B2 'portion of the Property: b. The' Applicant' =shall ,dedicate° all right=of -way necessary for the Phase. 3 impro,yements that will occur on =the Property 'to 'VD.OT or Frederick County, jl* ;Applicant will .atterimpt to'desi=gn -all bff -site 1mpiovements withtn• public right of -way; however; i`f necessary 'i is recognized that VDIOT and /or Frederick .County will assist the: Applicant WA, right -of- way •necessary to implement proffered` off site transportation. improvements: The Applicant agrees' to.as5ume_all costs associated with ri& of-way acquisition, if ,assistance from_ "VDOT. - and /or Frederick County is required; c. Tlie Applicant shall design and construct; or cause for, the construction .of trilpravements: to, ranBoulev'tud: to provide for a -second right turn lane can NafoiraJ Luta elan ;Boulevard at the =intersection�;;of.• Northwestern Pike These _., ,,. improvements shall be ~completed priorAo the approyal of ;any Si te Plan. that exceeds 490 000 square °feet..of commercial_; land] use and 350;000 square feet oUofflce land use `or equi'valent trip generation as described in. Section D(:4) {a),of the,praffer,§tatemerit. on'thehB2`portion of the Property. d The• Applicant shall deign and construct, or cause for'the construction of a ;two =lane •i«ban road that is constructed. to a 4.0 mph geometric 'design M indar a n d provides +for roundabout design at the' intersection with • National, L-utl e-fdn BouleYard;, and left turn lanes arid: right: turn- ^lane "s� •at all commercial entrances as, required by. VDQT, which will, provide for a conriection• between ;gyp }_;' • heel ' aR IVati`tlnal Lutheran Boul'evard'' and 1?oor House Road .(Route t54,): The ltcant -' will c y f� f _, _ •App_ oordinate' with the ;owr>er of tax; parcel _5,2 -((A)) 47 to obtain right of,way for this- improvemenCas -a first :option for development of the t vb -lane .urban road connection. In the eevent that the first option cannot be4chi'eved, the . Applican, t shall dcs`ign.and construct, or cause. for the, construction of the,twodane urban road: connection'between fti+}g `�' "° National' Gltherai =I3aulevard :,and 'Poor.,:' House Road on, the Property ••`Phe gerieral'location,of 'the "two -lane road connection associated _i, th both° options' will :be provided on the proffered GDR?,• however., it `i's recognized !that this ldeation may shift without, -the heed' for conditional al p tezoning approval,. Th , A licant shall com lete this rinprovement pi.ior to the approval of any Site 'Klan .that exeeeds7 490,000 square feet of commercial' 'laiid ;use sand' 3'.5.0,000: square. feet of office land use or File #,4928S /S11i,&i ake f I.C]Re tming dreenway Engineering November 25, 2008:1 Rev , ised January 6, 2009: Revised January 27'r2004: 13 Revised I-Oruary 16.2009; Revised February 19, 2009-.,Revised " March 2, 2009: ' Re vised Maich 13,2009:�'Revised'March.jO; -2069-.:k�,�,'i, �q Ov Cm A equivalent, trip,.ge.neration, as described in Section :D(4)(a) of the proffer statement,on the.132 portion of the Property. 5. The Appl.icanthereby prd.ffers'th6-f6llo'.'Wiiig Phase 4Transp6ftatioh Program: a. The Applicant shall be entitled to ddvqlop`the,CCIZC and a maximum of 583,050 sqpArejeet of cornmercial, land use and 494,60,0 square feet of office - land - use within Phase 4 that is a cumulative total.o.f,Phase I — Phase 4: However, the Applicant can deviate from- this la7hd use mix assuming the total trip -generation for site plans Within this. phase of the transpbOadon- program (based on the he ITE Ith. Edition Trip Generation Report) do. not exceed the total trip generation :specified in. the November 25, 2008 Ttaffitc - , Vact A y.6 ' nal.8 Report for Phase ,4.- It is recognized that the Applicant shall., com plete all. Phase 4 transportation improvements pri,pr,to'thle approval. of "any Site Plan. that exceeds 530,000 square feet of commlercia-1. land_ , Use" and 44000 square, f&t of office land, use or equivalent 'trip 'generation. as noted above on the B2 portion of the Property. An, the e event that the,,Appli.dant Would. desire to develop commercial or office land uses that.exceM the maximum square feet or total trip,,jeneratioh spb6fied in this phase of the transportation program, a new traffic impact analysis- report shall be prepared With each. site plan to d6teri-nine any additional transp r tt on.improve ents.requ- ired to mitigate the impacts created, solely -by. that project;: whiq4 will be, implemented as a condition of site.plan approval. b. The Applicant shall dedicate all right -of -way ay n . ecOssary for the Phase 4 -innp WPM ents- that. wily occur on the Pr6perty :to VDOT or- Frederick County, The,Applicaht will attempt to desigh, all off-•ite improvements within public right-o& way-,,, -if necessary it is redoghized VDOT and/or Frederick County will assist the,Applicant with right-of- way necessary to implement prOff6ted Offi.site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way. acquisition if assistance from VDOT and/or Frederick County is required. c., The Applicant shall design And,6onstruct, or cause for the,constructionof improvements. to lyer- Lake Trader Dnve to provide for a.,second 'left., turn lane on Silver- 4=ake Read Midd!Ldr ,D- r!-Ve at the intersection of': NbrthwesfOrn Pike. These: improvements shall be completed prior to the a -oval- oUany Site Plan that exceeds;,53Q,000 square feet of commercial ppi land use and, 440,000 square feet of office land usd,.or equivalent trip generation as described in Section 1)(5)(9) of the proffer statement on the 132,portio'n of -the Property. Fj1e.#4928S/Si1wr Lake LU:Iczoning { Greenwitv°Engineerigg Ngvemher ,25..2008:RevisedJanuary 6 2(l6, Rewised"Januarv:27.;2O09; 13 Revised l?ebruary 16, 2009;'iZev,sed hyhn,ary 19, 2009 'Revised Minch 2 2009; Revise&Mirch 1�3, 2OiJ- ,Revised;March.__i0. 2Qt19`:1Zevised >Nbve'mher 2ut3: equivalent trip }generation. as described`, in See ti:on .I)(4)(a) of the proffer state met! on the. B2 portion of the Proper..ty., 5.- The Applicant hereby proffers: the.-following- Phase., 4 Transportation :Program:; a The Applicant ,sh all ' be entitled to- develop'th&,CCRC and :a max_imwn of 583;,05.0 'square -feet; of comiiercial land use and '494;600 square feet,of office land use - within Phase; 4 -that rs4a:cumillative total,o Phase 1, —Phase 4. However-, the Applicantcaii deviatefrorri tins land rise mix assuming; the total trip` genera "for site Plans, within lh "s, phase. of the - � th• . - transportation, pi (based on the �JTE 7 Edition Trip Generation Report) do,- not :exc "eed `tlie total trip;generatlon specified in• the November { 25,, 2008 Traffic llmpact Analysis Report for,Phase 4 _ -It is recognized that the Applicant .shall complete all Phase 4 transportation :improve-ments prior to ,the approval of any' Site,.Plan. that exceeds 530000 g date feet of coitmerciaI. .land; use and 44000 square feet" of office- land use or gQuivalenv tsip, generation as noted above on 'the B2 portion of the Property: 'ti , thel eey&nt that the Applicant would desire to develop commercial 4t ,offic"e land uses that exceed' the max mum ,square. feet or total trrp i fed° n�this phase -of the:transporation.:program, a :gi pc new °traffic - _impact analysis "report. "shall be ;prepared with each site ,plan to deferinine afiyadddional transportation improvements recjuired to mitigate the.ImDacis created.s6lely by that project,'whJCh. will be impternentcd as -a condition. of site9plari,:approval. b.:, The Applicant .O..all, dedicate all right of =wa.y necessary for the Phase 4 improvements- that. Will occur on the Property_ i6 VOOT or Frederick County , .The Applicane will attempt (p desikh all off site improvements within public right- of -wa.y; „however, if ; necessary fit is recognized that V,D T and %or Frederick 'County will assist the - Applicant with right -of- way necessary to .. mIpleirient, proffered. offaite: transportation improvements. The Applicant.agrees- to assume all costs, associated with right -of -way acquisition `if assistance -from VI)QT -and/ Frederick County is-required. e. The .Applican't shall design.;and construct, or cause for' he construction of improvements °to'�' ° ^ ~' °'�� " ' Trader Dnves't:o provide'for.a second left turn lane on TraderDriV'e at. }lie intersection of Northwestern Pikee These im�provemdnts, shall be completed prior'to the approvaliof any Siie•Plaii that exceeds 530;000 square feet of ,conimercia;F land use ..and 44:0,000 square feet of offibe land .use! for equivalent- trio . generation .as. described in Section D(5)(a) of the proffer_ statement on the 62,portion�ibf ;the ,Property. - File.#1 i92RS /Silver Lake i I-C'Rcioning L 4 h i y g neering. Nose mbu 25 2008 �Re� ised lanuar) fi 2009': Revised •January ,2 , 2009.: 14 Grecnwa l.n i RevisedTebruaq L6 Z009,:Re��sed February 19.21)09 Rei7sed Maxh 2 2009; Revis_W,March 13; 2009: R j Ill evised March 30. 20b9 .RPCtScd Novenil er4 2 f ?3 d. The Applicant shall design and construct; or ca>�Se for thd,00nstruction of improve vents to provide for a third westbound Cpru lane on ;Northwestern Pike from the eastern boundary of the Property, to v Lane N dbi al: , Lutheran B;ouleyaid Additionally, e Applicant shall be responsitic for the relocation, construction, and e�4ght,of -way dedication.,(if necessary:), of the existing right turn lanes 4on Jorthwestern Pike at th_e ' •.Nat roiialLutheran ' Tr,atlei Drfv ' i.ntersections'. The Applicant "shall complete these Improvements prior to the ;approval of any Site P11lan that exceeds 53Q,000 'square feet of commercial land use'and -440;000 iiquare feet of- otfice land use' or equivalen( trip generation as described i ' Section D(5)(a) of� the proffer statemen(on the B2 portion of Ile l?ropertlh: .6. The Appl'ieant hereby. plotfers to conduct annual' u-alfic counts that will 'be proyided. to MOT and Frederick County to determine lthe $;OOQ ADT volume is achieved to require the expansion of �lLrieNNatioiral .Lutheran; Boulevard rind L-81— ]rader bifve to four Iar e urban road sections; as provided. for in Sections D(2) "(f), D`(3)(d), and D'(3)(e) c�f the proffer statement. The .annual` traffic, counts shall begin in the first calendar :year that the Phase 2; transportation Yniprovernents are completed ands shall coiitlnue. until'the warrants are`met for widening Both street systems VDOT and.Frecterick County may allow for `annual �tiaffic counts to be delayed in calendar years -in which there is no devei,opment activity cn tlie. Property When required traffic counts will, be conducted at die. A National L utlier n Buulevaid` and eve€ bake Read T &r Drive rntersd6tions , i ern Pike, on SSpi g `x'� he. 1 Nationals Lutheran Boulevard,at the eastern boundary of the Property; and on the two -lane road connector between � { ��'" °' r ^•�� Nai�onal' Lutheran }3�ulevaid and Poor House Road at the' wE i boundary` of the Property;, if warrants are met based on, the annual traffic counts, the.Applicant 11 shall prepare and: submit construction 'plana for aPlrova] "I VDOT and Frederick County within six months,-,of wfitten notice that. warrants ire met." The. Applicant shall commence, construction of these: improvements within six; months of final plan approval. .E: _Fire an l Rescufe'Enhanceirients 1::: The,:A licant -hereb coffers! to'" rovidc or cause for tlae provision of land to PP Y p P Frederick County .for t1Ye development of "a new firefnd rescue station and support,facilrties . fegaRm apprRorn orHbefore JAp�ril 2`1, !'0- 14: The A licant shalldedie "ate a site fronting. PP on c ' ' �' D^ �' Gorporateh Place, that is located near the intersection of "'�r� "• t D' °- National Lutheran ]3o�ilevafd, which Is a rrilmmum °of three Accres_mnd.,a maxi,mum.of four acres in size, with the fina` sice_of this site being anew upon; appro "vas of':ttie Site Plan'' for the new Mire acid rescue station faeiljty,; Tlie, ,Applicant shall prepare and provide Frederick County, with the file 2 #4y_'MlS lver Uke LL( Rcibning v Gmerimay Cngincering November 25, 2008: Revisedlanuary 6, 2009: Revised January.27, 2()09; 15 Revised:!= ebruarytl 6.,20_09,:'Revikd febmary 19, 2009: Rc%',ikd Marchl, 2009:- Revised March 13. 2009: Revised Match 30, 2009�'RevisediW6 ' 3 dedication plat for this. site and right.-Of-way along -Corporate Plate appea�.#e f0zefiin� 4o ri,,or, 156for-'e' A,Orlil 2,1i.20414- provided that a Site Plan ha, been approved for the new fire and rescue station. . Additionally,, if FrOerick County does. not commence construction of a. new- fire and' rescue station within one year following the, dedication of the site, this land shall be conveyed back to.'the,'Applicant to allow for fifrther,eco'nomid development. In the event Frederick County elects not to. -develop this site as a new fire and rescue station, the Applicant shall provide a monetary 'con tri blition to Frederick County :In the arnount:,of $ 1,00;000.0,0 for the development of a new fire.,and rescue. station or for the expansion of An existin g fire and rescue station at another location. 2. The Applicant, hereby proffers to pypyide, or cause for the provision of a monetary contribution I to Frederick County in the dMOLint of :$[,0001;000.00 for the develbprnent of anew fire and rescue station or forthe: expansibil Of an existing fire and rescue station: This monetary proffer is intended to mitigate impacts to fire and rescue services associated With the development of 'The CCRC: on the MS District portion of the -Property, The $1,000jQ00.00 monetary contribution shall be provided to Frederi6k County s. ffem the diA6 EW fifial Hefl- op -on" -b( before 1' 46,14, to assist with the p0lab!e fezeflmg arp ; - _ - : 15ef tAlYn, ',2 , development ofthe new fire and rescue station or for the expansion of an existing fire and rescue station. However, th.d- date for the $1,000,1000.00 'monetary contribution ,payment may be extended, if a Site Plan for a lneW.fire,and rescue :station or for thet.expansion of an existing fire and rescue station has not been -approved w ii,eprs fram' d-.'- f 'fioAj �noH appiaakibl:6 approval wn -or, before p - 1 2 if - the', latter. occurs, the $,I.,000.000.00 monetary contribution sliall be. provided to Frederick County within °30 days of the date of final Site. Plan',apptoval for the new fire and rescue station or for the expansion of an exi'stingfire and rescue station. 3. The Applicant, hereby proffers to design and construct; or cause, for the construction of all necessary road improverrients t the, NeA►we46fH Pil with SiWei- Lake,gead and en Slilyer- L#]Ee Read"to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and resciie,:.station located on the Property., 'These infrastructure; improvements shall 'be, provided by the Applicant in advance of the. Phase .1 Or Phase .1. transporfation program, improvements to facilitate the construction of the new fire afid,,'rescue, station should ,this occur in advance of the commercial development within these transportation phases. The Applicant'shall work with- Frederick County, upon notice by the, County, to -ensure that 'the designi bonding And o cQns.(rpction . of these infrastructure improvements, is., coordinated during, the preparation reparation of the Site Plan for the new fire and rescue station on the Property. Hile #402991Si1vcr4Ake 1_1_C:.Rczoh'irig Ccedfi%6Y Lngideefi g NoVemhcr 2 2008 Revised Lamm 6 2009 ' -Rd� itt,d .lanuary 27,;2009 1'6 ' ;Rcvjscd.he waiy'1 Ah: Revised 1=efiruaq 19;2009 12eviscd March ,4 20g9 . Revised,Marc.h 13,I(X)9: Revised March 30,10109 lltwo v� 8' iibW ,'2413 F. "SrQnatures The conditions proffefed above shall `be binding;upon tte lieirs,'executors, administrators, assigns ,and sucoessors; in time interest of -the Applicants and owners.; In the ,event the: Frederick County Board of Superufsofs ,grants this rezoning and ,accepts the`eonditions, the pro ffered.conditions shall apply to -.the land,rezoneri in,, add itiorr'to other reiatairements 'setforth -,in'th e FrederickCoonty Code. Respectfully SLIOMitte'd: By Date:° Commonwealth of�Virginia, City /i ominty`of To Wit: The foreaoina; r'nsirument °was acknowle "d "ed befo ;g re me,,.tliis; day of `20_ by Notary. Public M.y- Commrssign Expires File fi4y2KS /bihcr l:a}.c L;I�C•Itczonng - =' Evan °Wyatt From: Rod VtliUiams;[rwilha,C�fcva.us] Sent:= M6hday,.November04, 2013'3:27 PM' To: ° Evan IN.yatt cc ;- EHO Lawrence; Mike Ruddy Subject RE Silver'Lakb %Proffer ,Amendment Evan; I, have r6 ".'ewed:your- update and it looks good'. J _ Rod Page 1 of 2` u From: Evan Wyatt ,[mailtoewyatt @greenwayeng;com] Sent :IMonday, November.04, 20`3 2:32 PM To: Rod Williams' . Cc: Eric Lawrence; Mike, Ruddy, Richie .Wllkir% Subject: RE :SIIVer Lake ProfferAAmendment Hi' Rod, therefoedacomments; from Plannmg.and Public Works at'.the end of last week.which were positive;; re,1 wanted :to update the_•proffers fo +address your comments, so I can. get the `proffer statement ready for Richie. Wilkins' signature. Please, review,the attached - document, which uses blue line revisions 'to address thecomrnents below and advise"me'if th's is acceptable. To,:date, we haven't received comme ys °from the Fire Macshaol orahe Round H ill !Fire Chiep however,j m not,anticipatirig that theywill have an comments that will.re wre further revisions'to the roffer statement. 'Please contact me if,you would like to. discuss this.mf0rrg40n jurther:, Thank;youj Evan, From: Rod Williams frnailto rwilliaCa)fcva:usj Sent:L Tuesday;- October 29j AM' To: Evan Wyatt 'Cc Eric Lawrence; ke Ruddy Subject: 'Silver Lake ProfferAmendment; Dear Evan, am ,in,receipt of the draft revised`proffe:r statement dated October 24; 201=3 (the " Rev.isedd,P,rbffer. Statement °');:'for the Silver' Lake development, consisting of tax• parcel numbers-52 A C, 52 A- 5;0,.52'= k50A, 524-52,, and 52-A- 63:jth&Troperty" }. Subjectto thetfollowmg; comments, the Revised Proffer Statement.would be,in a" °form to'rneet the ;requi "rern,enfs of then Frederick: County Zoning 'Ordinance and the Code, of Virginia,, and Would be leg ally'sufficient as;;o proffer statement: the ReGo ed Proffer Stat e P Bich parcel is now owned by The Ail age a does Orchard Ridge,, the The Revised Proffer;'Statement does ,not appear, 'however,. to mciutle a isig - -W on behalf of The Village at Orchard Ridge.; Inc: The 'T;hel it age'_ at O charrd R dge Inc either Of exclude tax par�el number 52 A 0 f om i its :scope The latter option might conceivably .be p68sible,, as the, proposed recisions do,not appear "to aff ect the obligations ;of taX parcel number,52=A -50,, but ihe former opfi - would be preferable; to prevent any,p0ps ible ambiguities: One technical :item tliaf does involve tax parcel' number 52 =A 50 concerns 'Proffer B.I(. P.roffer'B1 cites�to Section 165- 97(6)(7 },of the Frederick County 1' 1/7/,2013 s Page 2 of'2 Code.. The�County;recodified Chapter T65 lof the:.Gode on ,August, 12, 2009, with t . e::r . ult 11 being that. Section 11657`97(15)(7). as now Section 165- 504:`02(13)(7) The . substantive provisions of that code (66000,!a re unchanged: 1t would be ' appropnafe to update,:the reference,m'Proffer B'1. • Proff ers; E and `E2' pro vision , „of land ;and'a mbnetar. - ontribution forfire and rescue, enhancemenfs, refer'to those proffer obligations'; as being in force for "five years' from the date of, final non - appealable rezoning approval' The introductory language of ,the Revised Proffer'Statement, however,�defines the ReVlsetl, Proff er Statemen`t,as encompassing "conditional zoning amendments to! Rezoning Application #01 -09 '`While my, understanding is._that'th'e: County” intends to move promptly on 'a Round Hill Fire relocation project, the "blanguage.of the Revised Proff er Statement, as. written;; m'igh't agive the. County Orly limited time to �nvoke`these: provisions of the Revised Proffer Proffers nt E1 and E2to a�d s if it might be best'toa "change the"fiming references in Statement. Iwwbnder °erha" ate certain. I have nottbviiewed the substance of fhe revisions as to Whether the revised proffers are suitable and appropriate for this; specific dbvolopmentI as it' is my understanding that review will '6'e done, by ipi6ff,,and thq.P,lanning, Commission. S hcerelq .yours,, Roderick B. Williams County Attorney._ County .of' Frederick, Virginia , 107 'North. Kent Street-,., 3rd Floor Winchester," Virginia 2260.1 Telephone' (540):722 -$3$3 Facsimile: ($40),667-081M; E -mail: rwillia @fcva:us Please, note new e-mail, address:: rwillia4,fc.v&,bs, - 1:1'1712013 Evan Wyatt 0 Page 1 of 1 From: Mike Ruddy[rmruddy@,fcva:us] Sent: Thursday, October 31, 2013 2:14 PM To: Evan Wyatt Cc: Eric Lawrence; Rod Williams Subject: Silver�Lake, LLC.Conditional:Zoning Amendment Good Afternoon; Evan. Planning;Staff has reviewed the Silver lake, LLCConditional Zoning Amendment °you submtted,on October 25, 2013. It appears as though the,proposed changes to the application -are consistent with the discussions held prior to submission, -of this'd ra ft!a-opli cation. The revised proffer statement, dated. October 24, 2013, achieves the intended goal of relocating the proffered fire =and rescue station and support facilities. Subject to those comments, provided by the County Attorney regarding the proffer statement,'including the timing of the fire and rescue, en hancements, and those ofthe other reviewing agencies, this application would be ready tosubmit for Planning Commission and Board of Supervisors review: We look forward to receiving the'appiication. Thanks. Mike. Michael T. Ruddy;,AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent Street Winchester; VA 22601 (540) 665 -5651, (540) 665' -6395 fax. mruddy@co.frederick.va.us 11%4/2013 REZONING APPLICATION FORM FREDERICK COUNTY,: VIRGINIA To Abe completed `b •Plan - S y . Hang taff Fee Amount,Paid Zonang Amendment Number ()1C,- 1 Date Received PCHearing Date -1,? i IBOS. Hearing Date — i The following inforRmation'shall -be provided by the ;applicant: All parcel identification numbers; deed book and,page numbers rnay' -be oitained from the. Office of tlie.. . Commissioner of Revenue Real`Estate Division, 1:47.North Kent`Street;;Winchester-., I.; Applicant: Name: Geeenwa y,Engineering;,Inc. Telephone: ,(540) 662 -41,85 Address .1551 Windy HiII Lane VVinche "stet; VA 226Q2 L Property°Ownee (if different than `above)c Naive: Silver Lake,;'LLC Telephone: (540).662 =721!5 Address: 13 South.Lcudoun Street Winchester, VA,226.01 3 Confaeuperson'if:other than above. ; Name: Evan Wyatt Telephone: (540) 662 -4185 4. Property. Information: ' a. Property Idy eritif c ation Nurnber(s, A 52 A =50, 2A -50A, 52 -A =52, ,and62 -A -63 _ b. Total acreage.to be §rezoned' N /A '- Conditional Zoning-Amendmenf c: Total acreage of'the.parcel(s), to berezoned,(if the' entirety, of- theparcel(s); i 's not being rezoned' iNA.'- Conditional Zoning Amendment, d'. Cur�ent,zoningdesignafion(s) and,kreage(s): in, each designation;> k. _ 8 =2 District 238!,96 +/- acre "s; MS District, 1'3.1.06 +/= acres e Proposed: zoning desi, ion($); and" acreage(s) in each, . ach desi' ation 6 =2 District 238:96 +l= acres; MS' District 431,.06' +/- acres • Magisterial}Distrct(s) Gainesbo_rb District 12 5. Cheeklist. Check the, following items that have,been +incIuded:withthis application. Location inapt _ ✓ Agency Cominents Plat Fees — Deed to roe -' P -p rh' _ Impact Analysis Statement _ Verification of fazes paid _ (_ ProfferiStatement _ Plat.depicting exact'tneets and Bounds -for the proposed,zon ngjdisfr ct Digital copies ,(pdf's) of.all.su( miffed documents„ maps and exhibits 6: The Code, ^of Vireinia4116w5,u §'to1req,uest full disclosure of` own er ship in relation t& rezoning, applications. Please . list,befow alt owners or parties 'iri interest of the land,.fo be, razoned:_ NIA - Conditionai2dri4ig'Arnendment. 7. Adjoining,Property: PARCEL ID NUMBER USE ZONING: See >Attached ;Information- S. Location; 'The property: s`]oca'ted at (give enact location 'based'on+nearektroad,.and distance from __ - g- ) nearest intersection tism , road,mmes and route number North side of Northwestern, Pike (U:S::Route 50 West); West oVRetaiIjBoulevard; and east of Poor House Road (Route }654). 13 0 9. The following information, should be provided according, to the type of rezoning proposed:. Number of Units Proposed' Single Family homes: Townhome, IVlulti-Family.-, Non- Residential Lots: Mobile Home: Hotel Rooms: Square FootaLye of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouser Commercial! Other: 10. >Signature: I (we), the °:undersigned; do hereby respectfullymake application and':petition,the Frederick County Board of Supervisors to amend the,zoning�ordinance and to change the zoning map of Frederick. County; Virginia. T (we) authorize. Frederick County officials: to enter the property for =siteinspection purposes. I (we) understand�that the sign issued when this application is� — shitted must be placed at the front-property line at least seven days, prior to the Planning Commission public hearing and the Board of Supervisors publichearing. and �maintained so as to bevisible from the road right -o&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): Owners) 14 Date: 10,: z4 13 Date: Date:. Date: no y o r v Q v r ( m � o ° ce c cm) ID 0 (0 /j j7T Q 3 X aa) CLOD m CWJt A O N M 1 O O W Cn O --41 O O �U O O w o ! c � , 2 406 ~ m w r N I N N CJ1 N N N ..a N D N o N I i o o w O 2 W I M ` Fz w ,\ rn w N \ c ~ � w co N O N N ~ N W U1 N D N ro o , w �\ D X CID IIt I (DD BOTANICAL BLVD I I \\ \ SILVER LAKE, LLC y 1 N D n l4l D N D lLn Cl i o SOO 1E 0 ADJOINING PROPERTIES MAP GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA TE: 10 -24 -2013 I PROJECT ID: 4928S DESIGNED BY: DWE \LE: 1 Inch = 700 Feet SILVER LAKE, LLC ADJOINING PROPERTIES MAP -1",1 GREENWAY ENGINEER 151 VUlndy Hill Lane Winchester, Virginia 22602 pq, Telephone 540 - 6824185 Fax 540 - 722 -9528 1971 wwwgreenwayeng.com • Engineers • Surveyors • Planners • Environmental Scien Water & Wastewater Environmental Laboratory <. j 0 Q co O w ,\ rn w N \ c ~ � w co N O N N ~ N W U1 N D N ro o , w �\ D X CID IIt I (DD BOTANICAL BLVD I I \\ \ SILVER LAKE, LLC y 1 N D n l4l D N D lLn Cl i o SOO 1E 0 ADJOINING PROPERTIES MAP GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA TE: 10 -24 -2013 I PROJECT ID: 4928S DESIGNED BY: DWE \LE: 1 Inch = 700 Feet SILVER LAKE, LLC ADJOINING PROPERTIES MAP -1",1 GREENWAY ENGINEER 151 VUlndy Hill Lane Winchester, Virginia 22602 pq, Telephone 540 - 6824185 Fax 540 - 722 -9528 1971 wwwgreenwayeng.com • Engineers • Surveyors • Planners • Environmental Scien Water & Wastewater Environmental Laboratory YO ,� W1 00 W i W N k 0 'Ln' W •N �. F-� I--� .V F-?- .� !F I I-a. b lD '00 V Q1 UI A W' N 1 P W N O l� 00 V° (Ti UW'� IW� .O, ONO.'V AN ( �..A, W N N O CD: 'N N 'N; "N" ',N `N° N A -� r.N N _ IV N N N N N N N" N IV N' fV N IV: N N` fJ N IVY .N N N N N �N N Ns N N N W W W W W F" N IN' JJ. X D "D D 'D W 'w >'> D, D -D 'D D. D> D D D D D D D D D D D <N 'D N D" D D D D D D D D 'D D D ni A A A A A W N F' `Ql al '01 `Ol 01 eQl Ul tJi °V7 (/7 UI I + N 1 ' W F� WD "N Lh N Qn N' N D W (n V `V V �I, Ol 0) 0) Ln A :A Vl al, N. O .0. 'lo 00 V; 0) In :al al a) ,0 w A N rn A N: V. ;W N Oo N. lD 1 ' :O0 N �' .N f, W D O' 'l0 V O �o '00 V .Z D W n D: D D n 00: D E; �. s C p 70 _� �. .n W. Z i'1 '�. G) '�, 2 ._ < 2 W ,W n. �. � •.'S7 7C' .;a V1, { =-1 G. ;�' W!: W T,. O 'm O .D' O D z D D rn D D D .D z z O m z. :O >K" C z. z` 'D � :O..z x z x X, X: C po X< CO ;� ,� n C= :N.. n z O C z. Z Z r r .-�. 2. po, Z W C N C. N W r. n 2 2 �. 'n C C C C C 3 mr m. D � z O = r^ O� S D W :< O N. N m N in `m; r m r m W' N Z S z -� =1' W p n 0-0 Q :i '4 � -1 =1 m r0 Z m N z N ;D m m vl z 'Li cn` N Z r N ,m ;` m m; � N1 O S m' 2 M: 2 2= 2 Z W n ;D Z Z. m T p U, z o W to tn' m O M C D '2 D O n D Z D n �` D D r :0 r D < m z .m .� O p n Z Z m <� O O .2 ° = m m:: :O O 'O O` O O A o '�: v+ ,� z N ,. S. D (n• N 2' D -0-V D v. m m z �. Z D' r m ;Z, T T y m z; Gl Gl :m z 70 z 70 z m N N p r O O. D n n n n n n.O N n p= 2 r' N Z r D D. r r^ n _.; ;t7 Gi m. (1. 70 7o W '-V D m Vt m p m 0 �^ Z =° 2: � m. 90 m': IR° � _ � -21 to �: r CO ' D '._ <O ,� D � D � D D � D '�. D � �. m m ' S m D - __ .-Si r , n .D ,m p .70 p 0 '0 0 m D. r^ .D `z m. y Z N' �, m M D" N Em p. O , � O 'O D n W W T 2 O• _- o Z n m 'r �' cn m 'm Z: _ m Z C C :C' D v, 'cn C C, Z Z 2. O' z .W m D w m .0o D m cn cn, p n, n n n n n , O' -I 0 N _ m m p D m 'm � Z, -i , m W D m Z .D W �. p O, O Z O o O; G) z z` G� N z n N D � ,� z D ,� W C:- ^� 2 r< Z D G tT C O, W n v W z Z z A LA i (J ,D _ z m` m N D r n Z': Ln O - (�, o _I �^ -1 _I ;tn m D, p n h n n FD .z D S z m m'. 'D Z; O rte, ,m' m D: D p m r rG n' .� j n r r N:: M D S Z 2 ;2 crm 7o D m, Z n D z:. z G) Ln D �^ m Z z z m r r1 D ,r n m, _71 N. m C Pm'I m m N As. A =A' . rQ W.. 'N W N `OV1 o o ao V o to 'V O .V V O p V V. m r m, � to ,crm Ul, Ul A N o o, O O' .O O O O O "O O O tD' Ul ,Nv W• W 00 W W 00 O Vl la Vl.'V7 w •O Ul O O W' N W 00 V 00 00 W A O Ol 00. 00 C3 .O co 03' 03 Go col 03 .O Q OX �; .O 0 0 0 0 0 0 0'• < O ,O O, ,Q O; 0 O O O O rz cn ,O O O. .v, N ,z :O z z: Z z z z z n' z O 'O. O O- O' X O ,O, X O 'O. 2 ,O 0, '� N O �, �, D m ,�,, O o' O .O O 0,0 Q O 'W 70 O ^Z Z N N N N N .N N N O 'D r .w o '2. ''p ;10 p �' '� -i m 70. 00 2, 00 00 z z -i Z -1 .70 � 7o -1 ,O m m N W W_ W lN, W W W= Q. m 7: 2: 2 = 'O ¢70 2 = 70 = S N 2 =- W + N - 2, 2 '2 2: 2 S 2= 2 2 2 r� 0 0 000 0 0 0 0 O; < 0 0 0 0 O O C O C �" _ O C O: C' O C rn rn Z r r O' '� ''� z S m D D ."D rD LA D C C C C C C N r ,r p ,N r r r N m m `rn m m m' rn m m m rn m C -i -i � _1 ,N -� �,V) '� LA � Ln -i cmi) '� Un � 0 r p p m �o �o z' oo z 70 m `n � o w .p 7o :p z G) p _: p m z fl ..m 70 m v m '70 ;m m .m- :m z z :2 Z, rz Z Z, z Z Z :z F^ 7C 7� ,7C 7C 7, r7C. 7C 7C "m m m m m m m m m �a -- _— — — - Z: Z Z Z z 'z'; Z Z' z Z Z m, Z Z ;Z Z Z' Z Z z' `Z. Z z ".Z Z .Z: 'Z z z Z Z Z. Z Z D c Z Z Z Z Z Z Z` Z n, n n n n n: n; . n n n= n n =. , n n. n, n 'n n. n' . m m n n n n, n n, n n n n n n n Z n n n n n n n n 3 2= 2 :2 2 2- '2 2 2= 2 = 2 2 2 2 .2'. S ;o W 2 2 .2 S S ,2, 2 2 2 2 2; = 2, -I S 2 2 2 2, 2 2 2 fl m 'm m m `m m m' m m .m m m z m 'V) m m N m m Cn m N• m N D r D r m m (/,) m Vl.. m In m N, m 0 m (n m V) m Ut m N m. N m (n m N O m to 'm" ,N m N m (n m (n, m N m V), m 0 V)' -i Cn- -i Vf � (n -I V1 6-i Vm (n' N -i ; N -1 N .-i N..N �, -� (n :--i V) - I -� V) �, -i - -� < < �V) -i .-1 -1 - I =1 -i -� -i z -i -1 -�i � --1 � -1 -1 K m .f751 .m m m fl'I m m� I!Tm rn m m n m m rn `70 m •f1'I m.:m D J D': rn m ;m; .� m :m .M m .� m m m m' ,m m m '.x m m m m m rn 70 m' n* z' ;� 7 ;�" '�' 70 ;� '�_ 70 "'� 70 z 70 70 z 70 70 70 �. z z ,70. 70 ,<. := 70 (D D: D D D D D ,D -D D D D D D- D D D" D D`• -D: D D D D D D D D D D D D D 'D D N_ N fV N N: ;N fV ;N• ,N N t:.1 -N N N N N. N ,N.. N N N `N' N N,. N 'N IV N =N N N° N fV` :LV' N N' N N ,N^ N •N N' 'fV W: W N N ,IV` N ti N. N N ,JV 1V N N. N N A N N• N, N N N N' 'al Ol al ,N al al a) al m .N. m cn al 0) al al lal m al 01, :Ol 'H F-' al al 431 Ql al pQl, al al �:al al al al al A a) .al 0) al ,al, 'Ol alf al .al O O, O O O O 00 O O' O O Ln O O O` `O O O O' F- N O O , O O' .O 0 0 0 0 O 0 0 0 0 O 0 0 O O 00 .f-? W `W, W W W m--� W W F+....W W Ln ;W, W � ',W. A J.P. 'W V V 'W W 'W` W W W. W W, 'W I N 4,j, N ;N' .A 1,A A A 'A A A 'W L ' nO 0 n CD N r T1 =r m t� CD CD n a m C) — m r O rr m SILVER LAKE, LLC CONDITIONAL ZONING AMENDMENT LOCATION MAP GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA )ATE: 10 -24 -2013 PROJECT ID: 4928S DESIGNED BY: DWE KALE: 1 Inch = 1,000 Feet SILVER LAKE, LLC CONDITIONAL ZONING AMENDMENT LOCATION MAP s aa!a V IJ I GREENWAY ENGINEERII 151 Windy Hill Lane Winchester Vrgmia 22602 F. Ad Telephone 540 -662 -4185 Fax 540 -T22 -9528 J97r I wvnv greenYJayeng com • Engineers • Surveyors • Planners • Environmental Scientist. Water & Wastewater Environmental Laboratory • it u-o December 13, 2013 Mr. Evan Wyatt 'Greenway Engineering„ Inc. 15 1, Windy Hill Lane Winchester, VA 22602 I RE: REZONING #06 -13, Silver Lake,,LLC PINS: 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52, al. CUY TcP� Dear Evan: i This letter serves to confirm action taken by the Frederick County Board. of Supervisors at them meeting of December 11, 2013. The above - referenced application was approved to revise�proffersi associated with Rezoning #0.1: -09. ,This revision relates to the relocation of siteiprovided forthe l development of anew fire and.rescue:facil4y and sup port'facilities. The properties are.located onthe Il north side of Northwestern Pike (US Route 50 West); west of Retail ,Boulevard, and east of Poor l 'House Road (Route 654), and is identified by the Property Identification Numbers 52 -A -C, 52 -A- i 50A, 52 -A -52, and 52 -A -E3 in the Gainesboro Magisterial District. I The proffer statement, originally dated November 25,.2908, with.final revision.:date of November 4, 2013; that was approved as a part of this rezoning application is unique to the above referenced. i property and.is binding regardless-of ownership. Enclosedris a copy of the adopted proffer statement I for your records. Pursuant' to §465.102.06E, the County Attorney- will present the written proffer'to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, i Michael .Ruddy, AICP Deputy Director MTR/pd I Attachment cc: Robert Hess; Gainesboro District'S.upe- rvisor Charles Tr-iplett.and Kevin Kenney, Gainesboro District Planning Commissioner Jane Anderson, Real Estate Commissioner of'Revenue Rod Williams, County Attorney w /original Resolution and. Proffers • REZONING APPLICATION 906 -13 SILVER LAKE, LLC. Staff Report" for the Board of'Supervisors Prepared: December 2, 2013 Staff Contact: Michael. T. Ruddy, AICP, Deputy Director Reviewed Action, Planning Commission: 12/04/13 Recommended Approval, Board of °S'upervisors: 12/14/13 Pending PROPOSAL: To request a minor revision to the proffer, statement associated with rezoning RZ #01- 09, Silver Lake. This revision relaiesto the relocation of the>site,provided for the development of a new fire and rescue facility and support , faciities. LOCATION: The properties are located on the north.side of Northwestern Pike (Route �50'West)I'. Retail Boulevard, and east' of.Poor. House Road .(Route 65:4). Primary access is provided via th developed National Lutheran'Boulevard. EXECUTIVE SUMMARY & PLANNING C.OMML' 12/11/13 BOARD OF "SUPERVISORS MEETING: - ATION FOR, This request for a minor'revision ` the proffer statement'associated with rezoning RZ #01 -09, Silver Lake .relates 'to the relocation of the site provided, for the development of a, new fire and rescue facility and support -facilities. The Planning Commission unanimously recommended approval 'of 'Rezoning #06 -13, the Pro ffer Revision of Silver Lake,, L.L.C. The new location for the ;fire and rescue site will, front on Corporate Place.Drive near the intersection'of National. Lutheran Boulevard. Previously, the fire andxescue sitewas located along Northwestern Pike and Si'lver,Lake Road. The proposed,general location of the fire,and,rescue, site is further identified on the updated GDP (Generalized Development Plan). I t In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original. rezoning. Executed proffers dated November 4; 2013 are provided as well as a redline version of-the proff Ir update. The revised Proffer Statement is: in an acceptable legal form. These =modifications:to the { proffer statement are minor in nature and a public hearing is not required. I Following the'public;meeting, a decision.regarding this.rezoninQ application by the Board of Supervisors would be appropriate. The applicant should be °prepared'to adequately address all concerns raised: by'the.Board'of Supervisors. I r Rezoning #06' -13— Silver Lake LLC .December 2, 20,13 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 tltis application. It may also be useful to others interested in, this zoning matter. Unresolved issues concerning this application are. noted by staff wh 'ere.relevani'throughout"tlzis staffreport. ,Reviewed Action Planning Commission; 12%04/13 Recommended Approval Board of'Supervisors: 12/11/13. Pending, PROPOSAL: To requesta,minor revision to the moffer statement associated with rezoning RZ #01 -09, Silver Lake. This revision `relates to the relocation of the-site provided.for the development-of'a new fire and ,rescue facility and support facilities. I LOCATION; The properties are located on the,N.orth,side of Northwestern Pike (U.S. Route 50I West); West of Retail Boulevard; and East of Poor House. Road. (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52 -A -C, 52- A -5.0A, 52 7A -52, and 52 -A -63 proffers. (General � (Medical � 1 • /h PROPERTY ZONING: B2 General Business District and MS Medical Support) District wit p PRESENT USE: Residential, National, Lutheran Village at Orchard.Ridge,'Vacant, Agricultural;, • I ADJOINING PROPERTY ZONING& PRESENT USE: North;. RA (Rural Areas) Use: Agricultural _South:' RA (Rural Areas) 'Use: Residential /Vacant = B2 (Business General) Commercial East: B2 (Business General) Use: Commercial West: RA (Rural Areas) Use: Residential /Agricultural • Rezoning #06- 13;— Slver.Lake LLC December '2,2013 Page 3 I li i REVIEW EVALUATIONS: ;Frederick County Public Works: The Public Works Department supports the proposed revis_ ions to the Silver Lake, LLC proffer - statement date October 25; 2013. Frederick Count Fire.Marshal: Plans approved. Fire and Rescue Company:.. After review of the proffer statement dated October 24, 2013 (revision date), I find the revision to be correct and accurate in regards to the.Fire Station proffers. i County Attorney: Please, see attached e -mail from Rod Williams; County Attorney to Ewan Wyatt dated October 29, 2013 and November 4, 2013. 1 Planning & Zoning: 1)' Site History The-property was' included in.the 2006 update to the Round Hill Larid Use Plan which expa ded the Sewer and Water Service Area to include these and other properties and "provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. In 2009, this property, was rezoned_ consistent with the Comprehensive, Plan and the Round Hill I Land Use Plan. Rezoning RZ #,Gl -09' was. approved to rezone 370.02 acres to the .MS (Medical Support) District and the B2 (Business .General) District with proffers for a Continuing Care Retirement Community and. commercial land uses. The B2 (Business General) portion of this property (2A96 acres) `is subject. to this current application fora revision to the proffered I conditions. The National Lutheran Village at'Orchard Ridge- project opened earlierthi's year and continues its development on_the portion of the property that is zoned MS (Medical Support). 2) Comprehensive Policy Plan The Frederick - County 2030 Comprehensive 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 This application to modify the proffered % conditions associated with fouriof the five parcels that made up Rezoning Application RZ #O 1 -09 for a Continuing Care Retirement Community and; commercial land uses,xemains generally consistent with the 2030 Comprehensive Plan, and the, Round Hill.L' and Use Plan. � I Rezoning #Q(-13 — Silver Lake LLC. December -2, 2013 Page 4 3) Proffer ;Statement The applicant. has provided-,a revised Proffer Statement, dated,November 4, 2013, Which most substantiallyprovides for the relocation of the. site provided for the development of a new fire and rescue.facility and support facilities „Proffer E.J. The new location for the fire and rescue sitew,ill front on Corporate Place Drive`near °-the intersection of National Lutheran Boulevard. Previously, the fire and,rescue site was located along Northwestern Pike and Silver Lake Road. The pro posed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development. Plan). In addition., the revised Proffer Statement addresses several minor changes that relate to the actual development of-the site since the original rezoning; the renaming of streets to reflect the current road names the restating of new Zoning Ordinance references,. and further clarifications that.reflect site development conditions such.as in.Proffer C. 6. One additional change -is the restating of the. Fire and Rescue enhancement proffer prow �sion, from "within five years• from the date of final non - appealable; rezoning 'approval” to "on or before April 21, 2014 ". It is important to recognize that this date in Proffer E.1., while consistent with the previous language, is coming up within six-months.. I Comments on this rezoning to revise the conditions proffered by the Applicant were offered by -Planning, the County Attorney; Fire & Rescue, and Public Works. The revised Proffer Statement -is in an acceptable legal form. STAFF CONCLUSIONS `EOR THE 12/04/13 PLANNING COMMISSION MEETING: This request for a minor revision to the proffer statement associated with rezoning RZ #0l -09; Silver Lake relates to the °relocation of the site provided for the development of a new fire, and rescue facility and support facilities. The.new`locationfor the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed, general aocati`on .of the fire and rescue site is further identified on theaupdatedGDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses "several minor editorial changes that - relate to the,actual development of the site since the, original rezoning.. p provided well as a redline version of the proffer Executed proffers dated,November 4 201..3 are rovided as we update, The, revised Proffer Statement is, in an acceptable legal form. These modifications to the proffer statement are minor in nature and a public, hearing is not required. .A recommendation, regarding this rezoning; application to the Board appropriate. The applicant' should be prepared to a'depuately address all concerns raised by the Planning Commission. Rezoning, #W0 Silver Lake LLC December 2, 2013 Page 5 PLANNING COMMISSION SUMMARY .& ACTION OF THE 12/04/13. MEETING: Staff reported the site provided for bypfoffer for the development of the; fire and rescue facility aiid s I pport services on,Route 50 has been moved to anew site on Corporate Place Drive, near the intersection with the newly developed National Lutheran Home Boulevard. Staff noted the proffer statement submitted which.modifies this proffer is dated November 4, 2013, The, project's repre.sentative,added- that.the original rezoning with.the formerfire and rescue site had proffered.a preemption.signalized intersection at Route 5.0, which would.allow fire; and. rescue vehicles to turn lights redlwhen approaching the intersection. He said the preemption signalized intersection has been changed to the existing signal on Lutheran Boulevard. A Commissioner asked for clarification concerning the date change within the proffer from five, years.to:a.specific date, April 21, 2014. Staff replied the original profferprovided:a time period in which the project should 1nove forward with triggers.;and was.apprpximately four to fivegyearss from the original rezoning; the April 21, 2.014 date is essential) the same tune' frame laced within the on irial proffer statement. A Commissioner inquired about,the <two future alternative. routes to the west on the GDP in the location of the relocated -fire and rescue, site The project's representative replied atthe time of the original rezoning, the traffic study indicated a need, and the Board desired, a connection to; Poorhouse Road,: and the applicant had provIided those two road options;Iho.se two'road' options were a.part.of,the,original proffer and do not have any part of the relocation of the fire :and rescue site. There (Note: All members of "the Commission were resent.) lg and the revised o, proffer stn menu. ThePlannin- Commission unanimously recommepnded a) roval,ofthe rezone the public meeting, a decision regarding this rezoning application b.v the Board M2 (Industrial, General District) MI-111 (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 # 06 - 13 Frederick County Dept of Planning & Development Silver Lake LLC 107 N Kent St PINS: Suite 202 52 - A - C, 52 - A - 52, Winchester, VA 22601 52 - A - 50A, 52 - A - 63 540 - 665 - 5651 Rezoning Proffer Revision Map Created: November 13, 2013 Staff: mruddy n CAA 1 nM 7 nM Cuu1 • °0 REZ0613 - 4�-Roun ar Cro Subdiv L CROCK Pik. WEtIS MILLDI W U Z RRY1LOTS 050 � REZ061�3,a 'r .t\ utidivision �� A Sa^ 4 P�`�• $033 •,'^ 2- A -. 50A Applications REZ0613 ROUND HILL RD p�� a� N <�cr„caNCEpWAY ,_52 -A -63 Parcels �" =� A A c * °qtr O ° F REZ0613 M2 (Industrial, General District) MI-111 (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 # 06 - 13 Frederick County Dept of Planning & Development Silver Lake LLC 107 N Kent St PINS: Suite 202 52 - A - C, 52 - A - 52, Winchester, VA 22601 52 - A - 50A, 52 - A - 63 540 - 665 - 5651 Rezoning Proffer Revision Map Created: November 13, 2013 Staff: mruddy n CAA 1 nM 7 nM Cuu1 • °0 REZ0613 - 4�-Roun ar Cro Subdiv CROCK Pik. WEtIS MILLDI �� A Sa^ 4 $033 •,'^ ^, 7 Applications `� a ROUND HILL RD p�� a� N <�cr„caNCEpWAY J Parcels �" =� c * °qtr O vlp �' Building Footprints B1 (Business, Neighborhood District) 50 B2 (Business, General Distrist) B3 (Business, Industrial Transition District) .' EM (Extractive Manufacturing District) o </ 41 o �Q►ENN ROVNpINLL:RD HE (Higher Education District) M7 (Industrial, Light District) M2 (Industrial, General District) MI-111 (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 # 06 - 13 Frederick County Dept of Planning & Development Silver Lake LLC 107 N Kent St PINS: Suite 202 52 - A - C, 52 - A - 52, Winchester, VA 22601 52 - A - 50A, 52 - A - 63 540 - 665 - 5651 Rezoning Proffer Revision Map Created: November 13, 2013 Staff: mruddy n CAA 1 nM 7 nM Cuu1 Acton:' PLANNING COMMISSION, BOARD';OF SUPERVISORS': _December 4; 20.13 Recommended" Approval December. I..1, 2013 ❑ APPROVED ❑ DENIED AN :ORDINANCE, AMEN'DIN'G THE ZONING'. DISTRICT. MAP REZONING #067 3 PROFFER REVIS_I,ON OF' SILVER. LAKE, LLC WHEREAS;, _Rezoning, #06 =13. Proffer Revision ,of Silver, Lake,, LLC, submitted by Greenway Engmeering-j Inc:, to reu�ser`the proffers.associated wrth :Re'zoni'ng• #01 -09 relating to the'relocation oflthe site provided for the development of a:new;fire and rescue facility and support.facilities; was considered: The proffer revision; proffers or'g nally:dated Noveniber'25, 2008; with`fnal;revision dated November 4, 20':13, is replacrigahe previous fire-- .and,rescue site�which;was l`ocatedalong Northwestern Pike and. Silver Lake Road with the new location which; :will ;front on, Corporate Place Drive:near the intersection `of National Lutheran Boulevard:; The'ptgp&,fi are l_ocated,.on the north:side of Northwestern,Pike (US Roufe 50 West); west.:of Retail Boulevard, and ;east of Poor 'House Road "(Route 654), and 'is, identified) by Property:IdentfficafionNumbers S2 -A -C, 52- A -5'0A, 52 -A 52 and 52` -A 6-3 .in theGainesboro Magisterial District. WHEREAS, the Plammqg'-Comm= ssiionsheld a public meeting on #lids "rezoningonDecember 4, 201,3 and forwarded'a recommendation of.approval, and WHEREAS, the =Board of 'Superi'so"rs held a public mceting'on this.rezoning on December 11, 2013, and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, to be in . p ty� - p ,the best :in "teresf of the, ublic- health safe welfare , and in conformance 'with the Com rehenswe> Policy Plan; NOW THEREFORE, BE IT ORDAINED, by the Frederick, county Obard-of Supervisorsthat; Chapter `.165;.of °the Frederick County Code; Zoning, is;:amended to.revise the, proffers,associated:'wrth Rezomng #01 -09 relating to the relocation of the site provided for the development of a: new fire and. rescue faeilrty,.:andstipport' facilities. The proffer revision, orgmallydated November 25',,200$', with finalsrevision dated November 4, 2013„is replacing the p "reuious fire. and rescue site which•was focated` along Northwester - 'P_ike and ,Silver Lake Road' with the, new location which will front on Corporate: PlaceDri: ,V&,nea0the intetseciion .of National Lutheran Boulevard.. TDRes. #38 -1'3 ThiszotdihAnce, shall be in effect on the date of adoption'. Passed this f Ith ida y of Deceffiher-;, 2Q13 byIiheT6llo-w'in'g recorded vote: Richard C'. Shickle; Chairman Gary A. Lofton kobertIA. Hess Robert W. Wells Gene E. Fisher Charles S.DeHayqn, Jr. Christopher E: Colliris A COPY ATTEST John R. Riley, Jr. Frederick County Adm,inistrator PDRes. 08-13 RESOLUTION Action: PLANNING COMMISSION: December 4, 20:13 - Recommended Approval ,BOARD OF SUPERVISORS' -= Deeember 11, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING: THE ZONING DISTRICT MAP REZONING #06 -13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #0643 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc:, to revise °the!proffers, associated with Rezoning #01 -09 relating to the relocation of the site Thep roffeed, for the development of a new, fire and rescue facility and support facilities, was considered. proffer revision, proffers.originally dated November 25, 2008, with final revision dated November 4, 201 -3,.is replacing the previous fire and rescue.sitewhich was located'along Northwestern Pike and Silver Lake Road with the new location.which will front on. Corporate Place Drive near the intersection of National. Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West),• west of Retail Boulevard, ands east of Poor House Road ('Route 654), and is identified by Property Identification Numbers 52- A- .C,.52- A,50A, 52 7A -52 and 527A-63 in,the Gainesboro Magisterial District. WHEREAS, the.Planning Coinmission held a public. meetingon this rezoning on.December 4,:20113 and forwarded a recommendation of approval; and ,1 WHEREAS, the Board.of Supervisors held, a public meeting;,on this,rezoning on.December 11,2013, and WHEREAS,, the Frederick County, Board of Supervisors finds the approval of this.rezoning to.be in the best interest of the public health, safety, welfare; and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED: by the Frederick County Board of Supervisors that Chaptei *165 -of the Frederick "County Code; Zoning; is amended to, revise therpro'ffers associated with Rezoning #01- 09;relating,to the relocation of the site provided for the development of a new fire and rescue facil'ify and support facilities. The proffer-revi "lion, originally dated November 25, 2008, with final revision dated.Noveniber 4, 2013, is replacing the previoustfre�and rescue;site which was located along Northwestern,Pike .and .$ilyer Lake Road with the new location which will. front on. Corporate Place Drive near the intersection of National Lutheran Boulevard. i PDRes. #00 -13 This,ordinance shall be in effect on the date of-adoption. Passed this ;l 1 th day of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Robert.A. Hess . Gene E,. Fisher Christopher E. Collins RDRes. #00 -13 Gary A. Lofton Robert W. Wells Charles S.. 'DeHaven, Jr. A COPY ATTEST John R. Ailey; Jr... Frederick County Administrator Greenway Engineering, November 25, 2008. Revised'January..6 :2009; RevisedJanuary27; 20 9; Revised February16,,2009 Re,yised,February 19„ 2009; Revised.Marcli 2 „2009;+ Revised' Maich 13. 2009; Revised March -30, 2009; Revised Noveriiber 4-, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING` RZ #0.1 -09 Rural Areas District (RA) to Business General District (132) and MS Medical ,Support. District (MS) PROPERTY: -} 238.96± acres; Tax Parcels #52'- ((A)) -C ``' .,((A)) 50i 52'- ((A)) -50A, 52- ((A)) -52, and 52- ((A)) -63 (here=in° after the "Property ") RECORD OWNER: Silver Lake, LLC JamesR. Wilkins, III, Manager. APPLICANT: Silver Lake, LLC (here -in after the "Applicant ") PROJECT NAME: Round Hill' Commercial Center & TheVillage at Orchard Ridge. — A. National. Lutheran Home Community ORIGINAL DATE OF PROFFERS: REVISION DATE- Preliminary Matters November 25; 2008 Ma.eh 30 -200W November -4, 2013' Pursuant to. Section 15:2 =2296 ,Et.. Seq.-'of the :Code of Virginia, 1950, as amended, and the provisions of the Frederick- County Zoning Ordinance with respect, to conditional zoning, the undersigned Applicant hereby proffers that in the = event the Board of Supervisors offrederick'County, Virginia, shall approve conditional zoning amendments to Rezoning Application #01 -09, which rezoned 370:02± -acres from the Rural Areas (RA) :District to ,establish 238.96± acres of B -2, Business. General District (Tax Map Parcels 52- ((A)) -C, 52- ((A)) 750A, 52- ((A)) -52, 52= ((A)) -63,) and 131.06± -acres of 'MS,, Medical Support District (Tax Map Parcel 52- ((A)) -50); development of ,the subject property shall be done in conformity with ''the terms and conditions set forth herein; except to the extent that; such terms and conditions may be subsequently amended` or rev'i'sed by the Applicant. and such: be - approved by the. Frederick County Board of Supervisors in accordance with the said Code: and Zoning Ordinance. The conditional zoning. amendments within this document are intended. to apply to the 238.96± acres of B =2, ,Business General District; while the 131.06± -acres of MS,: Medical .Support - District will comply with the conditions approved as part of Rezoning Application #01 -09 on April 22, 2009, identified ias Section. 13, MS, Medical :Support District Area. In the event that the conditional zoning amendments are sti6h rt o- n. granted, then these, proffers shall be deemed withdrawn and Have no effect whatsoever. These proffers shall be binding upon . this Applicant and. their legal successors, heirs, or assigns. File #4928S /Silver Lake LLC Rezoning 0 G_reenway Engineering November :25. 2008: Revised January 6, 2009,: Revised January 27.2009; Revised, February 16, 2009 ;. Revised February, 19;.2009;;Revised',March 2. 2009; Revised March 11, 2009; Re`viscil March 30, 2009; Revised November 4, 2013 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit .a Generalized .Development Plan (the "GDP'II) for the Property. The purpose.: of the .GDP' 'is. ,to identify the general location of the+ B -2, Business 'General. District and, MS;. Medical Support District areas, the general location of the proposed. future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 504o6t green strip enhancement 'area, the :general. location of the 10 -f6ot asphalt trail system,, and the general location of the phased transportation improvements areas within and adj'acent,to the Property. . 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greeriway Engineering dated Ma eh 24W October 24, 2013. The.GDP,is recognized to be, 'a conceptual plan and may be adjusted by the Applicant to accommodate 'final design and engineering constraints without the need of new 'conditional rezoning approval by the Fr "ederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas.describedin Section Al of this proffer statement. B. MS, Medical Support Ustrict Area 1. The Applicant hereby proffers to develop, or cause for ;the development of a Continuing Care Retirement "Community (the "CCRC ") on the portion of the Property proposed to be` zoned'.MS',, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 1-65 97B(7) 165- 504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant,hereby proffers to limit ,the -maxim urn residential. density withinihe CCRC to eight units per acre. The maximum Xesidential density total shall include all `independent living units, assisted care living units', and "skilled nursing care units. The location and. totals for the residential units specified' in this,section shall be provided on the Master Development Plan for the Property` File: #49286 /Silver Lake LLC Rezoning s . . ♦ ®♦ FATOTATATAI PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit .a Generalized .Development Plan (the "GDP'II) for the Property. The purpose.: of the .GDP' 'is. ,to identify the general location of the+ B -2, Business 'General. District and, MS;. Medical Support District areas, the general location of the proposed. future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 504o6t green strip enhancement 'area, the :general. location of the 10 -f6ot asphalt trail system,, and the general location of the phased transportation improvements areas within and adj'acent,to the Property. . 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greeriway Engineering dated Ma eh 24W October 24, 2013. The.GDP,is recognized to be, 'a conceptual plan and may be adjusted by the Applicant to accommodate 'final design and engineering constraints without the need of new 'conditional rezoning approval by the Fr "ederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas.describedin Section Al of this proffer statement. B. MS, Medical Support Ustrict Area 1. The Applicant hereby proffers to develop, or cause for ;the development of a Continuing Care Retirement "Community (the "CCRC ") on the portion of the Property proposed to be` zoned'.MS',, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 1-65 97B(7) 165- 504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant,hereby proffers to limit ,the -maxim urn residential. density withinihe CCRC to eight units per acre. The maximum Xesidential density total shall include all `independent living units, assisted care living units', and "skilled nursing care units. The location and. totals for the residential units specified' in this,section shall be provided on the Master Development Plan for the Property` File: #49286 /Silver Lake LLC Rezoning Cireenway Engineering November'25, 2008; Revise0'.lanuary '6, 2009; Revised.lanuary,27, 2009; Revised February 16,:2009; Revised, February 19, 2009;v Revised -March 2, 2009; Revised March 13, 2009; Revised.Marcb;30, 2009;.Revised.November 4; 20,13 I. Where, buffer areas are required,and mature woodlands are `in place, the Applicant will request approval of the use of here woodland. features to satisfy the buffer requirement.during the consideration of the Master Development. Plan. 4. The Applicant proffers to provide initial access to the CCRC vIlagPinnifig W eel Lftne National Lutheran Boulevard as described: iin ,Section D(2)(f) of the proffer statement, and ,further proffers to provide a maximum of two commercial entrances on National Lutheran Boulevard to provide access to the CCRC. C. B2,,Business_General District :Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the, B2 District: ➢ Truck Stops ➢ Golf Driving ;Ranges; ➢ Outdoor Batting'Cages ➢ Model Home. Sales ➢ Self- Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant - hereby proffers to prohibit individual full service commercial entrances 'to all allowed 02 District land uses that intersect Northwestern Pike (U.S. Route 50' West) -and Poorhouse Road (Route 654); however, right -in or right -out. only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved'by VDOT and /or Frederick County. 3. The Applicant hereby proffers to. establish a green, strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50 -foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage, of thet 50 -foot, green strip shall be enhanced with street trees that are a minimum of 2 -inch caliper -at planting and spaced a _maximum of 30' feet on center, ornamental shrubs that are a minimum three- gallon container at planting; as, well gas an, asphalt bicycle and pedestrian facility that is 10 feet wide., The installation of the street trees, ornamental shrubs,. and bicycle. and pedestrian. facility ,located within the. 50 -foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The.A PP licarit- herebY P roffers`to establish street.tree pl anti ngs along,both sides of National Lutheran Boulevard land Silveri ake Trader Drive- throughout, the: limits of the B2 District property.. All street trees shall be a ,minimum of'two -inch caliper at time.of planting and spaced a maximum 40 feet on center. 'The street- trees shall 'be located between, the bae c f' eti and File #49285 /Silver Lake LLC Rezoning Gieenway`E-nPineering November °2 :4, 2008 R'evise&January 6 „2009; Revis&f January'.27, 2009;. 4 "Revised February f6, 2009; Revised•February 1'9; 2009; Revised March 1,2009; Revised'March 13, 2009; - Revised March 30, 2009; Revised November'4, 2013 outside of the public right -of- way.. 5. The Applicant.herebyproffers to establish a:linear passive open,space area in the general location identified on the proffered GDP., which will be, enhanced with a 10 -foot asphalt trail system between., National Lutheran Boulevard and Northwestern Pike as specified in .Section C(8) of the proffer - statement. 6. The Applicant hereby ;proffers to provide for inter- parcel connectors between all adjoining commercial and office land uses unless. prohibited by 'topographic conditions. 7. The Applicant `hereby" proffers to include an additional ro,w of evergreen trees within all required ,buffer and screening ;areas, adjacent to land primarily used for - residential purposes' the RA ,District. in which accessory uses are proposed within °the active portion of the'buffer. area. 8. The Applicant hereby proffers to design and construct, or, cause for • the construction of an asphalt 'bicycle and pedestrian facility that is ten -feet wide. yl p N . This location of this, facile "t is identified on, the coffered GDP and will be located outside of public right -of -way limits. This facility will be..developed, as follows:. The 10 -foot. asphalt trail located along the south. side of the Phase 1. segment -of ' .. ' - Lane National Lutheran Boulevard shall be developed during the construction of ,this road, segment as specified in Section D(2)(f) of the- proffer statement. ➢ The 10-foot, asphalt 'trail -located along the ,south side of the .Phase 2 segment. of .National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement.- The 10= foot'asphalt trail located, along ,the passive,open space area shall be developed on or before the completion of 'the commercial development permitted under the'Phase 1Transportation Program as specified in Section D,(2)(a) of the proffer statement. The 10 -foot asphalt, trail located along; the southern :boundary of the 'Property identified as Area 1 on the GDP shall be developed, during the construction of the. Phase 1 segment of National Lutheran Boulevard as ' specified in Section D(2)(f) of the proffer statement. The W4'oot asphalt trail located along the ;southern boundary ;of the Property identified as Area 2 on the GDP shall be, developed ;prior to the issuance of the occupancy permit issued for the first commercial building Permit located in the land bay between National Lutheran. Boulevard and Sil ve, Lake Rea Trader Drive. File, #4928SLSilver Lake LLC Rezoning Greenway Engineering November'25, 200$ Revised January 6, 2009"Revised January 27,,2009; 5 Revised: February 16, 2009> Revised Ijebruary;19;,2009; Revised'March 2; 2009, Revised March T3, 2009: Revised March 30, 2009; Revised November 4, 2013 The 1.0 7foot asphalt trail, located along the southern boundary of the Property identified .as Area 3 on. the GDP shall 'be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay. between 94ver-' ake Read Trader Drive and .I . the eastern boundary of the Property.., 9. The Applicant. hereby proffers to ,establ'ish 'an Architectural Review Board (ARB) for the purpose of reviewing structural ;elevations, site .landscaping acid signage for all commercial sites to ensure. compatibility with the restrictive covenant documents for the'132 District property. The,restrictive covenant documents shall be provided to Frederick 'County prior to the. subdivision of land within the B2 District, or prior to, the approval of any site development plan within the B2 District. The restrictive covenariv.documents ,shall include, but not be limited to, the following design elements: ➢ Building - materials for all exterior walls and rooflnes. Materials for all monument freestanding business signs, The, materials for the base of all, monument freestanding business signs shall be consistent throughout the B2 District. Screening of alt'loading, areas from adjoining properties external to the B2 District. Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance. agreements. D. Transportation Enhancements 1. The Applicant ;has submitted a Traffic 'Impact. Analysis (T.IA), prepared by Patton, Harris, Rust and Associates; dated November 25, ,2008 for the 370.02± acre Property. The TIA,ideniifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is 'identified in ,illustrative form on the proffered. GDP. It is recognized' that the phased transportation imp "rovements proffered herein will be� constructed as described in this section; however, the exact location and limits of these improvemenis will be determined by VDQT-and /or Frederick. County during the approval of engineering ,design plans. It is further recognized that the location of the regional: transportation network improvements identified in illustrative for=m on the proffered !GDP are general in nature and maybe relocated to. accommodate, VDOT engineering design plan approval without the need for conditional zoning amendment-to the GDP or the proffer statement. File #4928S /Silver Like LLC °'.Rezoning. Greenway Engineering Nmember:25; 2008; Revised January 6,,2009;, Revised January 27, 2009; Revised'Februuy 16. ?009: Revised:February'l9, 2009: Revised March 2, 2009; Revised March 13, 20W,Revised March 3.0,;,20Q9; Revised November 4;,2013 I The Applicant hereby proffers the following Phase 1 Transportation Programi€ a. The Applicant,shall ,be entitled, to develop the CCRC and 'a maximum of 180,000 square. feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the •lTE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25,, 2008 Traffic Impact Analysis Report for Phase l,. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site-Plan that; exceeds 180,000 square feet of commercial land use or equivalent trip 'generation as noted above on -the B2 portion of the Property. b.. The Applicant shall dedicate all right -of -way necessary for the Phase I improvements that, will 'occur on the: Property to VDOT or Frederick County. The Applicant will attempt to design all off =site improvements within ,public right -of -way; however, if necessary it is recognized 'that VDOT and /or.Prederrck County will assist the Applicant, with right-of- way necessary to implement proffered off -site 'transportation improvements. The Applicant agrees .' o assume all costs associated with right -of -way acquisition if assistance from VDOT and /or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement- with VDOT to `fully fund' new traffic signalization at the intersection of Northwestern. Pike (U_S. ,Route 50) and Poor House Road (Route 654).• The traffic .signalization, agreement shall be executed within six months of final non - appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization :agreement with VDOT to fully fund new 'traffic signalization with pedestrian actualization at the. intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning W L-aue National Lutheran Boulevard. The Applicant shall provide ' additional funding necessary to provide for pre- enlption control for this traffic signal if the County requests the land -for, the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does .not request the land for the new fire and rescue facility, the additional, funding for traffic signal pre - emption control shall be made available for pre- emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D( 2)(c) of the proffer statement. The traffic signalization agreement shall beexecuted within one year of final non - appealable rezoning approval, or prior- to approval of the first. Site Plan for the property, whichever occurs File-#4928S/Silver Lake LLC,Rezoning { Greenway.Engiheering .November 25,,2008; Revised)anuary E „2009; Revised .]a gary_27,, 2009; Revised.February 16. 2009: Revised'February 19, 20W,Revi'sed March 2,2009; Revised,March 13, 2009; Revised March,30,r2009;,Revised November 4, 2013 first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and. signal' design plans in accordance with VD'OT'standards for approval 'to install traffic signalization at this intersection. The Applicant shall design and construct, or cause for the construction of improvements _to the median crossing including a westbound right turn lane and, left turn ' -lane and an eastbound left turn lane on Northwestern Pike at °the intersection of the relocated.”, National Lutheran Boulevard. These improvements shall 'be completed prior to the issuance of' the first occupancy permit for the land use utilizing S�inni-ng Whe4j L „° 'National Lutheran Boulevard for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spigni- ng Wheel Lane National Lutheran Boulevard within the Property to provide for a road section that is constructed to a 40 mph geometric. design standard and provides . right -,of -way for a future roundabout' at the "intersection with Silver— Lake Re,pidd Trader Drive, and left turn lanes and righi turn Panes at all_ internal collector- street intersections and at commercial entrances as required by VDOT; Additionally, the Applicant shall design and construct, cause for the construction of separate right and left turn lanes on Spinning Wheel Lane National Lutheran Boulevard at the intersection of Northwestern Pike. National Lutheran Boulevard shall be developed as a fourlane. divided urban road section between.' Northwestern Pike and the future roundabout; and as a two -lane road section between the future roundabout and the 'l'imits of Phase° 1 `with dedicated right -of -way to Frederick County to allow for a four-lane. urban road section. The construction of the two -lane road section shall include a raised median section necessary to transition from the roundabout` into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing :`x "' ° °' Lane National1 Lutheran, Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construe_ tion 'of the four -lane: urban section 'between the future roundabout =and the limits of Phase 1' if this improvement is warranted based on.future traffic counts as described in Section D(6). g. The-Applicant- shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing; on Northwesiern Pike identified as Median Crossing A.on the,proffered GDP.. VDOT shall: determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The .Applicant shall complete these improvements i-i1e 4t492 8S %Silver.1-ake.LLC'Rezoning- Greenway Engineering, November 25;2008; Revised January,6,.2009; Revised January 27, 2009; Revised February 16,22009; Revised February, 19, 2009; Revised, March.2 „2009;; ! Revissed March 13. 2009; Revised;March30, 2009; Revised November 4; 2013 in conjunction with construction activities associated with. Spinning, W Lane National Lutheran Boulevard. as described, in Section.D(2)(f) of the proffer statement. h. The Applicant :shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange With Northwestern Pike to provide, for a free flow right turn lane onto Northwestern 'Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180;000 square feet of commercial land use Of equivalent trip generations as described in Section 1)(2)(4) of the proffer statement on the B2 portion of the Property. i. In the eventthat VDOT' and Frederick, County determine that a monetary contribution--for regional transportation 'improvements to the Route 37 corridor between the, Northwestern Pike interchange and the North Frederick Pike interchange is desired; the Applicant agrees to provide a monetary .contribution, in lieu of the improvement described in Section - 2(h). This monetary contribution, shall be: equivalent to the amount associated with the improvement .described in that section based upon an engineering .estimate. agreed upon by VD.OT,; Frederick County and, the Applicant that will be prepared on or before the build out of the..Phase. 1 transportation improvements; The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written, request by the County, and further agrees to allow for this monetary contribution to be uti Hzed as matching funds by ,Frederick County for qualifying transportation improvements programs. or,grants. 3. The Applicant hereby proffers the following' Phase 2' Transportation Program: ba.. The,Applicant;shall be 'entitled to develop _the CCRC and a maximum of 350,000 square `feet of commercial land use and 105;000 square feet of office land,use wiih n.Phase2 that;is.a cumulative total of Phase 1 Phase .2. - However,, the Applicant can deviate from this land use mix assuming the _total trip generation for site plans within this phase 'of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25; 2008 Traffic Impact Analysis Report for Phase 2, It. is recognized ;that the Applicant shall complete all Phase 2 transportation improvements prior to; the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105:,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. Pile #4928S /Silver Lake,LLC Rezoning, Greenway Engineering November 25, 2008; Revised January 6 2009; Revised'January`27 2009; 9 Revised,February 16 2009 Revised February 19, 2009; Revised March 2,,2009; Revised'March 13; 2009 Revlsed.March 30..2009. Revised November 4, 2013 h The Applicant shall dedicate; all right -of - -way necessary for the ;Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site, improvements within public right -of -way; however, if necessary it is recognized that VDOT and /or ,Frederick County will assist the Applicant with right -of- way necessary to ^implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of -way acquisition if assistance from VDOT and /or Frederick County is required, c,. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at- the intersection of Northwestern Pike (U.S. Route 50.)' and Si � Lake Raa& Trader Drive. The traffic' signalization agreement shall be executed `prior to the 'issuance of the first occupancy permit for the•.land use utilizing 'Silver- w° Road Trader Drive for access to Northwestern 'Pike. 'The Appheant shall f this t+ ff;. M al if the (`oust., ests the jand for-the new F: and cJEl c-i-1'ccj 'r-edided in See,tio of �faffe_ In the eve n€ -the. Q_-.0y Ooes not. Feguestthe O fer- the new €moo and fesetie be Fflade available i= pr-e i impl4en, eont£el for- thi 6-J•ffi_. t t: f . r,. ., °mot °r., D:Lo and D , ,. it ;, .s° Dl. 1 TAT that to ;l;orl in Section D(2)(c-) of the pfeffef statement. The Applicant shall reserve the right to preempt this agreement by-initiating, a signal warrant study and signal design plans in accordance with VDOT "standards for approval to install traffic signalization at this intersection. d'. The Applicant shall design and construct, or cause for thel construction of improvements to ilvi4 b4ke Road Trader -Drive to include a two -lane urban road section with' -a raised median to the first available commercial entrance that is' constructed to .a 40 mph geometric design standard and provides -for :the. construction of the roundabout at the intersection with National Lutheran Boulevard, and left turn lanes g :and right turn Ianes at all commercial "entrances, as required by VDOT: Additionally, the .Applicant shall design and construct, or cause for the construction ,of a median crossing, including a westbound right turn lane and left turn lane and an. eastbound left turn lane on Northwestern Pike at the intersectiori of C;1., r .T ^ke Read Trader Drive. These" improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105;000 square feet of office land use or equivalent trip generation as .described in Section 1)(3)(a) of the proffer statement on the B2 portion of the Property_, with the exception_ of the median crossing, and turn lane improvements on Northwestern Pike which shall be completed, with the 90ver Lake D ^ ^a File #49285 /Silver =Lake LLC Rezoning i Greenway. Engineering November 25, 2008; Revised.January ;.2009; RevisedJanuarw27, 2009; 10 Revised February 16,;2009. Revised Fehriiary 19, 2009:.Revi 'sed March 2; 2009 Revised'March 13, 2009; Revised Match - 30,,-2009,'Revised November.4, 2013 Trader Drive intersection lrrprovements, on Northwe 'stein 'Pike. Additionally, `the . Applicant shall idedicate right -of=way to Frederick' County to allow for .a four- lane urban road section for Silver T EO Dead Trader Drive, and further agrees to design and construct, or cause for .the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6 -). e. The Applicant shall design and construct, or cause'for the construction of improvements to: :National Lutheran ,Boulevard to provide for a two -lane urban road. section that is constructed to a 40 mph geometric :design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning IAI��I Lane National Lutheran Boulevard constructed in Phase 1 to a connection at 'the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000- square feet of office land use or equivalent trip generation as described, in Section. D(3)(a) of the proffer statement on 'the B2 portion of the Property. Additionally,, the Applicant shall dedicate right -of -way to Frederick County to' allow for a four4ane urban :road section for ` ' Lftft National Lutheran Boulevard and further agrees to design and construct, or cause for the construction of the four-lane urban section if this improveiiient.is warranted based on future traffic counts as described in- Section D(6). The -Applicant, shall design and construct; or cause.,f6i the construction of modifications ;to, or the elimination of the median - 'crossings on Northwestern,Pke identified as Median Crossing B and Median Crossing C on -the, proffered, GDP. VDOT shall determine the requirements for modification, or elimination and shall advise. the -Applicant in writing of the requirements associated with this improvement. The Applicant shall complete. these improvements in conjunction with construction activities associated with efL-ake R;aaa Trader Drive as described in Section D(3)(d) of the proffer statement. g. The ,Applicant shall design and. construct, or .cause afor the; construction of improvements to the northbound: off ramp at the Route 37 interchange with Northwestern Pike -to provide, for' a second right turn. The Applicant shall complete the Route 37 interchange 'improvements described in this section prior to, the approval of any Site Plan that exceeds, 350000 square feet of commercial land use and 105:,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement'. on the. B2 portion of. the Property. File• 449285 /Silver Lake LLC. Rezoriing I, Greenway Engineerlpg November 25;:2008; Rev&d'January 6 3009; Re v scd January�27, 2009; 11 :Revised February `16, 2009; Revised February 1 -9, 2009; Revised March 2 2009; ROVised,March 13, 2009, kevised -March 3Q „2009, Revised Novemberr4,, 20,13 h. The Applicant shall design and construct, or cause, for the construction of improvements at the Route 37 'interchange, with, Northwestern Pike to provide for a third westbound thru lane on .Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp; to include the relocation of the existing Route 37 northbound on-,ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plarr that exceeds 350,000 square feet of commercial land use and 1'05 000,!s feet of office land use or equivalent trip generation as described-in Section,D(3)(a) of the proffer statement on the B2 portion of the. Property. In the event that VDOT and Frederick. County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and thee. North Frederick Pike ,interchange is desired, the Applicant agrees to provide a monetary ,contribution in lieu of the, improvements 'described in Section 3(g) and 3(h): This monetary contribution; shall be equivalent to the amount associated, with the improvement described in those sections ,based upon an engineering. estimate agreed upon by VDOT, Frederick County and the Applicant, that will ,be prepared, on or before the build out of the, Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this ,monetary contribution to be utilized as matching funds by .Frederick County for qualifying transportation- improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the'Northwesfern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with. the improvement described in this section to be utilized unconditionally, by - Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request bythe County,. � I. I 4: The Applicant hereby proffers the following Phase ,3 Transportation' Program: a_ The Applicant .shall be entitled to develop the CCRC and a• maximum of 490 -;000 square feet of commercial land use and 350;000 square feet of office land use within. Phase 3 that is -a cumulative total of Phase_1 —Phase 3. However, the Applicant can deviate from this land use mix as the total trip generation for site plans within this phase of the transportation program (based on the ITE 71” Edition,, Trip Generation Report) °do not exceed the total trip generation specifie in the November ,t r. File #492WSilver Lake -LLC Rezoning Grecnway Engineering November 25, 2008;.Revised January 6, 2009 >; Revised- January 27,2009; 12 Revised 'Fe6ruary 16, 2009 :'Revissed February '19,;2009' Revised "March 2. 2009; 'Revised March 13„2009; Revised March 30,2009: Revised' November 4, 2013 25, 2008 Traffic Impact Analysis Report,for Phase 3. It is recognized that the' Applicant shall complete all Phase 3 transportation 'improvements prior to the ;Approval of 'any Site Plan. that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or :equivalent. trip generation as noted, above on the B2 portion of the Property. b. The Applicant; shall dedicate all right -of -way necessary for the Phase 3 improvements that will.. occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public :right -of -way; however, if 'necessary it is recognized that VDOT and /,or Frederick. County will, 'assist the Applicant with right -of- way necessary to implement proffered off -site transportation improvements. The Applicant .agrees to, assume all costs associated with i right-,of -way acquisition if assistance -from VDOT and /or Frederick County is required. { c. The .Applicant shall design and construct, or cause for the construction ,of improvements to Spinning Wheel Lane National Lutheran Boulevard to provide for a second.. right turn lane on Spin#j National ' Lutheran Boulevard` at the intersection of Northwestern ;Pike. , These improvements, shall be completed prior to the approval of any Site Plan . that exceeds 490,000 square feet,- of commercial land use and 350900 square feet of office land` use or equivalent trip generation as described. in Section 1)(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall. design and construct; or cause for the construction of a two -lane urban road that is constructed to 'a .40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Whee4 Lane National Lutheran Boulevard, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT; which will provide for a connection between National Lutheran Boulevard and Poor _House Road, -(Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A)) -47 to, obtain right- of- wayfor this improvement as a first option for development of the; two -lane urban road connection. In the event that the-first option cannot he achieved, the Applicant shall design and, construct, or cause for the construction of- the two -lane urban road connection between Spififiing Wheel r,ecl Lane National Lutheran Boulevard and Poor House Road on the Property. The general location of the two. -,lane road connection associated with both .options will be provided on the proffered GDP; however, it is recognized that this location may shift without, the need for conditional rezoning approval. The Applicant shall complete this improvement prior 'to the. approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350;000 square feet of office land use or i File #4928S /Silver Lake LLC Rezoning I Greenway,Engirieering November 25',: (008.,Revised ".ianuarv•6, 2009; Revised January 27, 2009: 13 Revised February 16 „2009; Revised - February. l9, 2009;, Revised, March.2,z2009;; Revised March 13, 2009. Revised March,30. 2009;.Revised November,4, 2013 equivalent trip :generation as, described in Section D(4)(a) of the proffer statement on'the B2,portion of the Property: 5: The Applicant.hereby proffers the following: Phase 4 Transportation Program: a. The Applicant. ;shall be entitled to develop the CCRC and a maximum of 583,050 .square feet of commercial land use and 494;600 square feet of office land'use within Phase,4 that is a. cumulative total of Phase l — .Phase 4. However, the Applicant can deviate from this land. use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report), do not..exceed the total, trip generation specified in the November 25, 2008 Traffic Impact Analysis Report' for Phase 4:. It is recognized that the Appiicant; ,shall .complete all Phase 4 transportation improvements prior to. 'the, approval of any Site Plan that exceeds 5.30,000 square,feetof commercial land use and 440;000 square feet of office land use or equivalent trip generation as noted above on the B2 'portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the inazimum square feet or total trip' generation. specified in this, phase of the transportation program, a new traffic impact -anal ys -S report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as .a condition of'site plan approval. b. The Applicant 'shall' dedicate all right -of -way necessary for the Phase 4 improvements that will occur on. the `Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right -of -way; however, if necessary it .is .recognized that VDOT and /or',Frederick County will assist the .Applicant with right -of- way necessary to implement proffered , off -site transportation improvements. The Applicant agrees to assume -all costs associated with right -of -way acquisition if assistance from VDOT and /or Frederick Counfyis required. c. The Applicant shall design and construct, or "cause for the construction of improvements to .ra. er- Lake Dead Trader Drive to provide for a second left turn lane. on. zSilveoTk� RaaR Trader Drive at. the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any .Site:. Plan that exceeds 530,000 square feet. of commercial land` 'use and .440;000 square- feet of office land use or equivalent trip generation as” described in Section .D(5)(a) of 'the proffer statement on 'the B2 portion of the Property. Idle #4928S /Silver Lake.LLC Rezoning • Greenway,Engineering November 25 „2008,_ Revised January 6,2009; Revised January27,2009;- 14 `Revised February 16,'.2009; Revised Februaryy19,2009;;Revised March 2, "2009: Revised.March 13, 2009;.Reyis.ed,March 30;�,2009;,Revised November4, 2013 d. The Applicant shall design and construct, or cause for the construction of ,improvements to provide for a third westbound thru `lane on Northwestern Pike from -the. eastern boundary of the Property to. National' Lutheran Boulevard.. Additionally, the Applicant shall be responsible for the relocation, construction, and right -of -way dedication (if necessary) of the existing right turn lanes, on Northwestern Pike at the $pinf4iffg Wh el Lane National Lutheran Boulevard and Silv°.. Take Dead Trader' Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceed's 530000 square feet of commercial: land use and :4400,00 square feet of office land use or equivalent trip generation as. described in Section D(5)(a) of the proffer statement,on the B2, portion of'the Property: 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDQT and Frederick County to -determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and gilt' .L Ake Trader Drive to four -lane urban road sections, as provided for in Sections D(2y(f),. 1)(3)(d), and D(3)(e) of the proffer statement; The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the; warrants are met for widening -both street systems. VDOT and' Frederick County may allow for annual traffic counts to be delayed 'in calendar years in which there is no development activity on the Property_ . When, required, traffic counts will be conducted at the National Lutheran Boulevard and Si ve Lake Read Trader` Drive :intersections with Northwestern , Pikke, on Spin 1--i . Wheel l National Lutheran, Boulevard. at the eastern. boundary of the Property, and on the- two -lane road connector between National Lutheran Boulevard -and' Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic. counts, the Applicant shall prepare and submit' construction plans: for approval by VDOT and Frederick County within ,six months of written notice that, warrants are met. The Applicant shall ,commence construction of these improvements within six months of final plan approval. E. Fire- and.RescueEnhancer ents 1. The Applicant hereby proffers o :provide, or cause for the provision of land to .Frederick County for the, development of a new ,fire and rescue, station and with.. 4 - ,Y, doe f,4tle ,f f:��l 1.4b!13 support. faclhties .. ^ ` °ars °""° °' app�oNA on-or before April 21.; 2014: The Applicant shall dedicate a site .fronting on Siei ° Corporate Place that is located near the intersection of T E)AhWeStefli Pikes 'National Lutheran Boulevard, which is a minimum of three" acres and ,a maximum of four acres in size; `with thee final size of this site being- determined: upon ,approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the File # 49285 /Silver Lake, LLC`Rezoning `Gieenway Engineering_ Novemfier'25; 2008; Revised January 6, 2009'.,ReGised January 27,20.09: 15 Revised February 16; 2009; Revised February 19,2009; Revised -March-2, 2009; Revised March 13,.:2009; Revised March 30, 2009: Revised:November 4, 2013 dedication- plat for this, site and necessary right -of -way along Corporate Place ppfoyal on or before April 21, 2014 prodded that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County' 'does not commence construction of a new fire and rescue station within, one year following the dedication of the site; this land shall be conveyed back to the -Applicant to allow for further economic• development. In the event Frederick County, elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution ' to Frederick County in the amount of $;100;000.00 for the development of anew fire and rescue station or for the-expansion of an existing fire and- rescue station at another location. 2. The Applicant hereby,proffers to provide, or cause! for the provision of a,monetary contribution to Frederick County in the amount Of $4,000,000.00 for the development of a hew fire and rescue station or for the expansion of an existing fire, and rescue station... This monetary proffer is ,intended to mitigate impacts to fire and rescue :services 'associated 'with the development. of the. CCRC on the MS District portion of the Property. The $1,000,0.00.00 monetary contribution shall be provided to. Frederick ; County on. or before April 2I,, 2014 to, assist, with the development of the new fire and rescue station or for the expansion, of an existing fire and rescue station. However, the date ,for the $1;000,000.00 monetary contribution payment may be extended if ' a Site Plan for a new fire and rescue station or for the expansion of an existing-fire and rescue station has not been approved w4h 4s frem the date of en appealable fezening appfeval, on or before April 21, 2014. Tf the latter' occurs, the $1;000;000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of -final Site Plan approval for the. new fire and rescue station or for the expansion of an existing fire and rescue station.. 3. The Applicant hereby proffers to design and construct, or cause for the construction of, all necessary road improvements t�the�rm w est- : inter -seat with Siive f r wo Re a on rake Read to provide ;access to the new fire and rescue, station, as well as all utilities necessary for the new fire and rescue, station located <on the Property. These infrastructure improvements shall be provided by the. Applicant in advance of the Phase 1 or- Phase 2 I. transportation program improvements to facilitate the construction of the new fire and':rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant 'shall 'work with Frederick County,, .upon notice by the County, to ensure that 'the ,design; bonding and construction of these :infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #49285 /Silver LakeLLC Rezoning; 0: Greenway Engineering November'25, 2008; Revised January 6;'2009; Revised January 27, 2009; 16 Revised "February 16, 2009 ;,Revised February 19 „-2009;.Revised.Mv rch 2, 2009; Revised March 13, 2009 ;:Revised March 30;2009; Revised'November 4::2013 F. Sii atures The conditions-proffered above shall be binding.upon the,heirs, executors„ administrators, as and- "successors in the interest of the Applicants and `owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in ,addition. to other requirements set forth in, the Frederick County Code. Respectfully Submitted: I By: Date;: Commonwealth of Virginia, City /County of To Wit: i The foregoing instrum,ent,was acknowledged before me this day of 20_ by File #4928S /Silver Lake.LLC Rezoning Page I Qf 2 Evan Wy6tt From.:. .-Rod William's [.rwilli,a,@fcva.0s] Sent- Monday,.NoVbmbbr 04, 2013 3:27 PM Tb,- Evan Wyatt Cc: Eric Lawrence',, Mike Ruddy FSubject: RE!., 8ilv& Lake, Proffer Amendment Evan, I 14ha v-e -reviewed your update and it looks good,. Rod, Fro.m. Evan Wyatt [mailto:eWy8tt@greenwayeng-com] Sent: Monday; November 04, 20112.:32 M To: Rod Willi.ams. Cc: Eric Lawrence; Mike Rod r dy; Richie'Wilkins SUbject: RE: Silver Lake ProfferAme nidment Hi Rod, I received comments from Planning and P'Ublic.W6rks at-,the end of last week which w * ere positive; therefore, wanted to update the I proffers to address your comments so., can, get the proffer statement ready for Richie Wilkins' signature. Please review the attached documeht,,which uses blue line. revisions to address the comments below etnd,a6ise me, if this is acceptable. To date, We haven't received comments from the Fire Marshal or the Round Hill Fire Chief;,howeverj I'm not anticipating that they will have any comments tha.t."will reqUire!further'revisibnS to the proffer statement. Please contact me if you would like -to discuss this information further. Thank you, Evan From: Rod -Williams. [mailto:rwilli9afcva.us] Sent: Tuesday, October 29, 2013 10:57 Am To: Evan Wyatt Cc: Eric Lawrence; Mike Ruddy Subj6ct: Silver Lake Proff er Amendment Dear Evan, I am in receipt of the &aft revised proffer statement dated Odtdber'24, 2013 (the m I "Revised Proffer Statement "), for . the Silver Lake development, consisting of tax parcel numbers 512-ArC,.52_A-5..O, 52-A-50,�, 52-A-52, and 52-A-63 (the "Properly")-. Subject to the follow'jp g' coni . ments,' the, Revised Proffer Statement would be in a form to -meet the requirem qn.ts of the Frederick County Zoning Ordiha.nce and the Code of Virginia, and wouldte legally sufficient as a Oroffier statement: • The. 20'09' rezoning of'the P'ro'perty included tax parcel number 52.-A-50, as does the Revised. ProffbT Statement, which parcel is now owned by The Village at Orchard Ridge,: Inc., The Revised Proffer Statement d oes not appear, however,, to inc'l'udo a;sighature on behalf of The Village at Orchard Ridge, Inc. The ,ReOsod P.-rOffer Statement, would, either need,to include a signature on behalf of The Village at- Orchard.Ridge, Inc. or exclude tax parcel number 52-A-50 from its scope.r The .latter option might conceivably be possible, as the proposed revisions, do notappear to,aff6pt the obligations of tax parcel number 52-A-50, but the former option would be prefe-rable, to ,prevent any possible ambiguifles . • dhe t6chh'icad item that does involve tax parcel. number ,52-A-50, concerns Proffer 131., Proffer B1 cites to Section 165 - 97(6:)(7) of the Frederick, County. 1-1/7/201 3 - Page 2 of 2 Code. The County recodified:Chapter 165 of the Code on August 12,.2009, with -the result - being that Section 165 - 97(6)(7) is n;owSection.165- 50.4.02(&)(7). The substantive provisions of that code section are unchanged. It would be appropriate to update the reference in Proffer B1. • Proffers El and E2, regarding provision of land and a, monetary contribution for fire and rescue enhancements, refer to those proffer obligations as being in force for five years. from the date of final non = appealable rezoning, approval ": The introductory language of the. Revised Proffer. Statement,, however, defines the Revised Proffer Statement as encompassing "conditional .zoning, a p amendments to Rezoning Application #01 -09 ". While m understandin g is that the Count intends to move rom p tl on a Round Hill Fire relocation project', the language of the Revised Proffer Statement, as written, might give the County only limited time to invoke these provisions -of the Revised;; Proffer Statement. 1 wonder: perhaps, if it might be best to change the timing references in Proffers -to E1 and E2 to, a date certain. have not reviewed the substance of the revisions; as to whether the revised proffers are suitable and appropriate for this specific development, as A is my understanding that review, will be done by staff and the Planning Commission. Sincerely ,yours, Roderick .B. William_ s County Attorney County of Frederick, `Virginia, 107 North Kent Street; 3rd Floor Winchester, Virginia 22601 Telephone:; (540) 722 -8383 Facsimile: (:540) 667 -0370 E- mail: rwillia@fcva.us Please note new e-mail address'. rwillia@fcva.us 11/7/201.3 Page 1' of l Evan Wyatt From: Mike Ruddy [mruddy: @fcva.us] Sent: Thursday; October 31.,.201.3 2:14 PM To: Evan Wyatt Cc: Eric Lawrence; Rod Williams !Subject; - Silver Lake,. LLC Conditional Zoning,Amendment Good Afternoon Evan. Planning Staff' -has reviewed theSilver.Lake, LLC Conditional Zoning Amendment you submitted on October 25, 2013. It, appears as though the proposed changes tathe;application are consistent with the discussions held prior to submission of this draft, application. The revised; proffer statement, dated October 24, 2013, achieves the intended goal.of`relocating the proffered fire.and rescue•station and -support facilities. Subject to °those comments provided by the County Attorney regarding the proffer statement, including the,timing:of the: fire and rescue:e.nhancements, and those ofthe other reviewing agencies, this application would be ready to submit for _Planning Commission and Board of Supervisors review_. We look forward to receiving-the application. Thanks. Mike. Michael T..Ruddy., AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent- Street Winchester, VA -22601 (540) 665 -5651 (54 0) 665 -6395 fax. mruddy@ co.frederick.va.us 1.1 /4/2013 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA OCT 2 5 2013 The following information shall he provided by the applicant: All parcel identification nuinbers, deed book and page.numbers�may be obtained from the Office of 'the Commissioner of Revenue, Real Estate, Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering; Inc. Telephone, (540) 662 -4185 y Address: 151 Wind Hill Lane Wl'nchester, VA.22602 -� 2. Property Owner (if different than above): Name. Silver Lake, LLC: Telephone: (540).662 -7215 Address: 13 South Loudoun: Street Winchester, VA 22601 I 3. Contact person if other than above: i Name: Evan Wyatt Telephone: (540) 662 -4185 4. Property Information: a. Property Identification Number(s): 52 -A =C, 52 -A -50, 52 -A-50A, 52 -A -52, and 52 -A -63 b. Total acreage to be rezoned; N/A - Conditional Zoning Amendment c. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcels) is not being rezoned): N/A - Conditional Zoning Amendment d. Cun ent zoning designation(s) and acreage(s) in. each designation: B --2 District 238.96 +/ acres; MS District 131.06 +/- acres. e. Proposed zoning designation(s) and acreages) in each designation: B -2 District 238,96 +l- acres; MS District, 131.06 +/: acres f. Magisterial District(s): Gainesboro District 12 5. Checklist: Check the followin g items that have been included with. this application. 'Locati'on map Agency Comments, _ Plat Fees H_ Deed to property #V: Impact Analysis Statement Verification of taxes °paid Proffer�Statement _ ;/ _ Plat depicting exact meets and bounds,for the proposed zoning district _ Digital copies (pdf's) of all submitted documents, maps,a_nd�exhibits 6: The Code of Virginia allows us' to request full disclosure of ownership in relation. to rezoning applications. Please list below all owners or`parties in - interest of the land to be. rezoned; I N/A - Conditiondiloning Amendment i I 7. Adjoining Property: PARCEL ID NUMBER USE; ZONING , See Attached information , i a K Location: The, property is loeated at (give exact location based on nearest road and distance from nearest`intefsection, using road names and route numbers): North' side of Northwestern,Pike (U.S. Route 50 West); West of Retail Boulevard; and east of "Poor House Road (Route 654). 13 % The following information should be provided according to the type of rezoning proposed; Numberbf Units ;Proposed, SingleFamily homes: Townhome: -Multi- Family:: Non- Residential Lots: Mobile Home: Hotel Rooms: Squarefootage of Proposed. Uses' Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10'. Si'gnatare: r I. (we), the undersigned, do hereby respectfiillymake application and "petition the Frederick County Board of Supervisors to -amend the,z"oning ordinance and to change the zoning map of Frederick County; Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued, when this application is submitted must be placed at jI the front property line at least�seven days'' °prior to the Planning Commission public hearing I and the Board of Supervisors public: hearing aind maintained.so as to bevisible from the:,road j right -of -way until the hearing., I '(we) hereby cerfi'fy that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: f to z4 13 Date: Date: Date: • REZONING APPLICATION #06 -13 SILVER LAKE, LLC. Staff`Report for the Planning Commission. .Prepared: November 18; 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 1,2/04/13 Pending Board of Supervisors: 12/11/13 Pending PROPOSAL: To'request a.minor rev'isi'on to the proffer statement associated with rezoning RZ #0 1- 09; Silver Lake. This revision relates to the relocation of the site provided•for the development of a new fire and rescue facility and support facilities. LOCATION: The properties are.located on the north;si&of Northwestern Pike (Route'50 West), west of Retail Boulevard, and east of Poor House Road (Route 654). Primary access is provided via the newly developed National Lutheran Boulevard. I EXECUTIVE SUMMARY & STAFF _CONCLUSION FOR THE 12/04/13 PLANNING COMMISSION MEETING: This request for a minor revision to the proffer statement associated with rezoning.RZ #01 -09, Silver Lake relates 'fo the relocation of the -site provided for the development of a new fire and rescue facility and. support. facilities. The new location forthe,fire and.rescue site will fronton Corporate Place Drive near the:intersection Iof National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. Thetproposed general location of the fire and rescue,site is further identified on the .updated. GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning. j Executed proffers dated, November 4, 2013 are °provided as well as a redline version,of the proffer update. The revised Proffer Statement. is in an acceptable legal form. These modifications to the proffer statement,are:minot in nature and a public hearing is not required. A reeommendation_regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared io adequately addresswIl -eoncerns "taised by -the Planning Commission. I� Rezoning #66 -i I — Silver Lake LLC. November t8,2015 Page 2 This report is' prepared by the Frederick County Planning Staff to provide information to Ithe Planning Commission and the .Board of Supervisors to assist them in making a decision on this application: It.may-.also be.useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action I Planning Commission: 12/04113 Pending Board of Supervisors 12/11/1 Pending I Il PROPOSAL: Twrequest a;minor revision to the proffer,statement_associated with rezoning RZ #01 -09, { Silver Lake. This.revision relates:to the relocation of the site provided.forthe developmentOfa newfre E, and rescue facility and support`facil ties, a LOCATION-: The properties arelocated on theNorth.side of'Northwestern Pike (U.S. Route 50 West), West of Retail Boulevard; and East of.Po.or House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro ,PROPERTY ID NUMBERS:` 52 -A -C;, 52- A =50A, 52 -A -52; and 52 =A -63 PROPERTY ZONING: B2' (General: Business) District and NISI (Medical. Support) District, with proffers. • PRESENT USE: Residential, National Lutheran Village at Orchard Ridge; Vacant, Agricultural, 1 ADJOINING PROPERTY ZONING & PRESENT USE: I North: - RA (Rural Areas) Use:; Agricultural' Sbuth:. RA (Rural. Areas) Use:: Residential /Vacant B2 (Business General) Commercial East: B2 (Business General) Use: Commerciat West: RA (Rural Areas) Use: Residential /Agricultural i Rezoning., #06 -13 - Silver Lake LLC 'November' l'8 2093 Page: I REVIEW EVALUATIONS: ,F.rederiek County Public Works:. The Public Works Department supports the proposed revisions to the Silver Lake, LLC proffer "statement date October 25, 201.3,. Frederick Count Fire: Marshal : -- Plans approved. Fire and. Rescue Company: After; review of the, proffer statement °dated October 24, 2013 (revision date), I' find the revision to be, correct and accurate in regards to the Fire Station proffers. County Attorney: Please see attached e- mail`from Rod'Williams, County Attorney to Evan Wyatt �I dated October 29, 2013 and November 4; 2013. Planning & Zoning: i 1) Site History 1 The property was included in the 2006 Update, to the Round Hill Land Use.Planwhich expanded . the Sewer. and Water Service Area to include these and other properties and provided for an improved land use .plan for the Round Hill Community. This was approved by the Board of Supervisors onNovember °20'07. i j In 2009, this property was rezoned consistent with the Comprehensive Plan and the Round Hill .Land Use Plan. Rezoning RZ #01- 09'was approved to rezone 370.02 acres to the: MS (Medical Support) District and the B2-,.(Business .General) District with,proffers for a Continuing Care Retirement Comrnunity.and commercial land uses. The B2 (Business.General) portion of tliis property' (238.9,6 acres) is subject to, this current application- for a revision to the proffered conditions. The National Lutheran- Village at Orchard. Ridge project opened earlier this year and continues its development on the portion of the property: that is zoned MS (Medical Support). 2) Comprehensive Policy Plan. The _F_ rederick County 2030 Comprehensive 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 acid improve the living environment within Frederick. County. It is, in essence Ia composition of polic es.used to plan for the future physical development offrederick County. . .Land Use This application to modify the proffered conditions associated with four of the five parcels that made up .Rezoning Application RZ #01 -09 fora Continuing Care.Retirement Community and commercial land uses remains generally con49tentwith the 2030 Comprehensive Plan, and the Round Hi'll Land'Use Plan. Rezoning #06 -13 — Silver Lake LLC November. 18; 2013 Page 4 3) Proffer Statement i The applicant has�provided a revised Proffer Statement, dated November 4, 2013, which.most substantially provides for the relocation of the site provided for the development of anew fire and rescue facility and support facilities, Proffer E.1. The new location for the fire and rescue site will front on. Corporate Place Drive near the intersection of National Lutheran Boulevard;. Previously, the fire and rescue site was located`along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized.Development Plan). In. addition, the revised Proffer Statement addresses several minor changes that relate to the j, actual development of the siteesince the original rezoning; the renaming of streets to reflect the current road names,,thexestating of new Zoning Ordinance references, and further clarifications, that reflect site development conditions such as in Proffer C'. 6. One additional change is the restating of the Fire and Rescue enhancement proffer provision from "within five years from the -date of final non - appealable rezoning approval" to "on or before' April 21, 2014 ". It is important to recognize that this date in Proffer E.1., while; consistent with the previous language, is coming up within six months.. I Comments on this rezoning to; revise the .conditions proffered by the Applicant were ,offered by Planning, the County Attorney,.,Fire & Rescue, and Public Works. The- revised Proffer Statement is in an acceptable legal form. STAFF CONCLUSIONS FOR THE 12/04/13 PLANNING COMMISSION MEETING: This, request fora -minor revision, to the, proffer ,statement associated witli xezoning RZ401 -09, Silver Lake relates to the relocation of the site provided forthe development of a.new fire and rescue facility and support facilities. The -new location for the fire and rescue site will front on Corporate Place Drive near the, intetsection of d.rescue site was located along Northwe tern 'P ke and Silver tLake Road. The proposed general location of the fire and .rescue site °is furthervidentified on the'updated GDP (Generalized Development'Plan).. In addition, the revised ProfferStatement- addressesseveral minor. editorial changes that relate to, the actual development of the site since the original rezoning. Executed proffers dated,Noveinber 4, 2013 are provided as well as a redline version of the proffer update. The, revised Proffer Statement is. n an acceptable legal form. These modifications to the I proffer.statement are minorin nature and a public hearing isl not required. ;A recommendation;rezardinzthis rezoninz application to the. Board of Supervisors would be appropriate. The applicantshould be prepared'to-ad duate'ly address'all concerns raised by the Planning 'Commission. Greenwa ) n y giheering teniber 25; 2008 R &ised 7anuary 6 '2009; RevisedJl n' •7 2009, 1 Revised February.16;,,2009; Revised _ 6ruary 10, • 2009; Revised Mdirch 2 2009; Revised'March 13, 2009; Revised' March 3O;,20O9; "Revised October 24, 2013 SILV-ER LAKE; LLC PROFFERSTATEMEN-T REZONING: RZ #01 -.09 R' "Ural Areas District ( RA) „to..BUsiness!General:District (132) and MS Medical Support District (MS) PROPERTY! 370.02,± acres; 1 Tax Parcels #52 ((A)) -C, 52= ((A)) =50, 52- ((A))- 50A,.52 -(( )) -52, { and 52- ((lA)43 (here -'in ,after the "Property”) RECORD OWNER: S'il'ver Lake, LLC, James R. Wilkins, I11,•Manager The Village.,at Orchard Ridge, Inc.. APPLICANT; Silver Lake,, LLG(here4ii after" the. ci Applicant )' »' I PROJECT NAME: Round Hill Commercial Center &• The. Village at Orchard Ridge —• A National Lutheran.Home;'Commuiiity ORIGINAL DATE, OF PROFFERS November 25, 2008 REVISION.DATE;; "' F "gin, Qnn� October 24, 201 3' I !' Preliminary 1Vlatiters Pursuant to: Section 15 `2=2296 Et., Seq. of the Code of Virginia, 1,950; as amended, and the. provisions of the Frederick County Zoning Ordinance with .respect to conditional zoning, the undersigned: Applicant hereby ' proffers that in. the ,event the Board of Supervisors of'Frederick County, Virginia, shall ;ap prove conditional -zoning - amendments to 12ezoning,.Appl cation : #01 =09, which rezoned 14 zorrifig =e€ 31 02 ±- acres, from the Rural Areas :(RA) District, •to. establish 23$:96± acres of B =2, Business, General. District (Tax! Map Parcel`s 52 ((A)) -C; 52-( A, OA,. 52 ((A)) -52, 52- ((A)) -63) and 131:06+ -acres of MSS Medical Support District (Tax Map Parcel 52- 00-50); development of "the , subject property shall be .done in conformity with, the, terms and conditions .set. forth .herein, except to theA extent that such Cerms and; condtioris' may 'be subsequeAtly amended or revised by the Applicant and such. be, approved by the Frederick County Board of Sup fvj ors in accordance with ,the °said. Code and 'Zoning -Ordinance. In the',event, that. the conditional zoning: amendments are snot;-granted, the ;these proffers shall, be ,deemed' withdrawn 'and :have no 'effect whatsoever These, proffers shall be binding•upon this Applicant,and' their legal successors, heirs; or assigns. N D 2. MWO I all 0 MWAM "MM M W." 0 or, M;il ROM o . . t . . ®eaaa File, #4928S %silver Lake LLC Reioriing_ Grecnw ay`Engineering .November• 25, 2008: Revised January, 6; 2009; ,Revised.January'Z7, 2009; Z Revised February 16, 2009: Revised 6ebruary,l_9;,2009; Revised March 2, 2009; Revised,March 13, 2009: Revised March 30;:2009; Revised';October 24,;2013 I PROFFER 'STATEMENT A. Generalized Development Plan I L The Applicant hereby proffers to submit a; Generalized Development Plan (the `GDP") for thet Property. Thee, purpose ' of the GDP is to identify the general location of the B -2, Business General District and MS, Medical Support District areas, the general location of the proposed future .Fire .and Rescue Station area, the general location.. of the proposed future passive open space area; the general location of the 50 400t green strip enhancement, area, the general location of the 10 466t asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent -to the Property. i i 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated Mafe 9 October 24, 2013. The GDP is recognized to be, a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments _do not eliminate or substantially relocate the areas described in Section Al `of this proffer statement. B. MS, Medical Suppori District Area L The Applicant. hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "C CRC") on the portion of the Property proposed to be zoned MS; Medical, Support District, and to exclude all other MS, Medical' Support District land uses not expressly permitted within Section; 165- 97B(7) of the Frederick County Zoning Ordinance. I The Applicant hereby proffers to limit the maximum residential density within the CCRC to 'eight 'uni'ts per acre. The maximum residential 'density total shall include all independent living units, assisted care living units, and skilled nursing care. units. The location: and totals for the residential units specified in this section shall be provided on the'Master Development.:Plan for the Property. 3. •. Where buffer areas are re 9 utred and mature woodlands are in place; the .Applicant will request approval of the use of thesel woodland, features, to satisfy the buffer requirement during the consideration of the Master Development Plan. File #4928S /Silver Lake LLC Rezoning i Green way -En gineering lvernber 25, 2008; Revised Jantiary 6, 2009; Revised January�27, 2o09; 3 Revised':February.16, 2009:,Revised,hebruary 19_:2009; Revised. March 2, 2009; Revised`March'13, 2009: Revised March 30 „2009: Revised October 24. 2013 4. The Applicant proffers to� provide initial access to the CCRC via C' ^� ^,, ,,n `x "i� Lmio National Lutheran.Boulevard as described in Section D(2)(f) of the proffer i statement, and further proffers to provide a maximum of two commercial entrances on Sp r4eel —L-a; National Lutheran `Boulevard to provide access to the CCRC., C. B2, °Business General District Area 1'. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 D`istrict: Truck Stops Golf'Driving Ranges Outdoor Batting Cages Model Home Sales Self- :Service Storage Facilities ➢ Adult Retail Establishments 2. 'The Applicant hereby proffers to prohibit individual full .service commercial entrances to all. allowed- B2 District, land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse. Road (Route 6:54); however, right -in or right out only access to 132 'District land uses that -intersect Northwestern Pike ,shall.be permitted if approvedby VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to =the; Northwestern Pike corridor, that' is 50 feet in width. Parking Pots and access drives shall be prohibited within the 50 -foot green strip, except for access drives permitted as described. in Section C(2) above. The entire Property'frontage�'of the 50 -foot green strip shall•be'enhanced, with street "trees that are a ,minimum of 2- ncl.caliper at planting, and spaced a maximum.. of 30 feet on 'center; 'ornamental. shrubs that; are a minimum three- gallon container at planting, V 4s, well .as an asphalt bicycle ands pedestrian facility that is 10 feet wide. The installation of the street. trees, ornamental. shrubs,, and bicycle and pedestrian facility I orated within the 50 -foot green strip shall be required as specified in Section C(8) of the, proffer statement. 4. The Applicant'herebyproffers to establish street tree. plantings .,along;both sides of Spinning *'Nael Lane National Lutheran Boulevard' and, 'Re4d Trader Drive throughout,thle limits of the-132 District property. All street trees shall be a ,minimum of 'two =inch caliper at time of planting and spaced a maximum 40 feet ,on center. The street trees shall be located between the of euFb and faeflity outside of the public right -of -way. 5. The Applicant hereby proffers -to establish; a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a File; #4929S /Silver take'LL"C Rezoning. Greenway l_�ngineering 0"ember 25,;2608; Revised - January 6,2b09; Revised Januf, 3009; 4 Revised February 16, 2009; Revised February 19, 2009; Revised,March 2. 2009; Revised,March 13, 2009: Revised`March 30; 20-09 -.'Revised October 24, 2013 10 -foot asphalt trail system between National Lutheran Boulevard and Northwestern "Pike as specified ,in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter- parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. 7.1 .'The. ..'The. Applicant hereby, proffers to include an additional row of evergreen trees within all requiredb,uffer and screening areas ;adjacent "to, land primarily used for residential purposes ,.in the RA District in which accessory uses are proposed within the active portion of the buffer are 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility ins identified "on the - proffered GDP and" will be located . outside of public right -of -way limits. This facility will be developed as follows: ➢ The 10 -foot asphalt. trail .located along the, south: -side of the Phase 1. segment of National Lutheran Boulevard shall be developed .during the construction of this road segment as specified in Section D(2)(f) of`the. proffer. statement., ➢ 'The- 10-foot as trail located along the south side of the Phase 2 segment. of National Lutheran Boulevard shall be developed during the construction of this. road segment as specified in Section D(3)(e) of the proffer statement. ➢ "The 10 -foot asphalt trail located along the passive open space area shall'be developed on or before the completion of the commercial development permitted under the Phase 1`Transportation Program as specified in Section 1)(2)(4) ofthe; proffer statemeni. ➢ The. 10 -foot asphalt--trail located along the southern boundary of the Property .identified as Area 1 on the GDP shall be, developed during the construction of the Phase 1 segment of ° in rrt Wheel Tar° National Lutheran Boulevard as specified in Section D(2)(f) of the proffer statement, The To -foot: asphalt trail located' along the southern boundary of the Property identified as Area.2 on'the GDP shall be developed prior to the issuance ,of the occupancy permit issued for the first commercial,'building ,permit located..'in the land bay between - National Lutheran `Boulevard, and SiWeF Take Road Trader Drive. The 10 -foott asphalt trail located along the southern. boundary' of the Property identified. as Area 3 on the, GDP shall be developed prior ;to the issuance. of the occupancy permit ,issued: for the first, commercial building permit loeated'in the land bay between Silye.. r iki° n� ^�' Trader Drive and. the eastern boundary of the Property. 1?ile #49,28S /silver Lake LLC Rezoning, Greenwa Fn ineerin S 6vember;25, 2008;Revised January 6, 2009; Revised January � . 20 09; RevisedFebruary 16; 2009; Revised Pe ruary`19,."i009; Rcvised'March 2, 20 09; `Revised March 13 „2009; Revised March 30,,2009' Revised October 24, 2013 9. The Applicant hereby proffers to establish an /lrchiteetural Review Board (ARB) for the purpose of reviewing structural elevations, 'site .landscaping and signage for all- commercial, .sites to ensure :compatibility -with the restrictive covenant documents for the; B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within 'the B2 District; or prior to the approval of any site development plan within the 'B2 District. The xostrictive covenant documents shall include; but.not be limited to, the following design elements: ➢ Building materials for all. exterior walls and rooflines. ➢ Materials for all .ionument. freestanding business signs. The materials for the base of all monument freestanding, business signs shall be consistent throughout the B2 District. ➢ Screening 'of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad. areas with building materials consistent with, the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1., The Applicant has submitted a Traffic Lmpact Analysis. (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 _for 'the 370.02± acre Property! The TIA Writ ifies iimprovements to; the regional transportation. network to account for background undeveloped projects and the, Applicant's proposal through four, phases of development. The Applicant hereby proffers to design and construct; or cause for- the construction of improvements to the regional transportation network as' a phased developmeirf program that is described in this section of the proffer statement. Additionally; the phased development program is identified in illustrative' form on the proffered "GDP. It is _recognized that the phased transportation improvements ` proffered, herein will be constructed as described in this, rsection; however,, the, exact . location - and limits of these improvements `will be, determined by VDOT and /or Frederick, County during. the ,approval of engineering -design plans. It,is .further recognized that the location of the regional transportation network improvements identified. in -illustratiye form on the proffered GDP, are: general in nature and ,may be relocated to accommodate VDOT .engineering design plan approval,'without the, need,for' conditional .zoning. amendmentto the GDP or the proffer statement. 2. The: Applicant hereby proffers �thel following Phase 1 Transportation Program: a. The :Applicant .shall be entitled to develop the .CCRC and a maximum ,of 1'80;000 square,46et of commercial land use within'Phase 1. However, the Applicant can deviate from this land-use mix assuming the total .trip generation for site plans within this phase of the transportation program File 44928S /Silver Lake LLC`Rezoning r Greenway;.Lngincering I'lember 25':;20081; Revised January 612009; Revised Janua y 7, 2009,; Revised February 16. 2009:. Revised Febrtfary'19, 2009`, Revised March'21, 2009; Revised March 13. 2009; Revised; March °30, 2009;', Revised October 24, 2013 (based on the ITE 7`h' Edition Trip Generation Report) do not exceed `the total `trip generation specified 'in the November 25, 2008 Traffic Impact Analysis Report for Phase L. It is, recognized that the Applicant shall complete .all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180;000 square feet of commercial, land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant: shall dedicate all right -of -way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to .design all off -site improvements within public right -of. -way; however, if necessary it is recognized that f VDOT and /-or Frederick County will assist the Applicant with right =of- way necessary to implement proffered off =site transportation improvements. The Applicant agrees to-.assume all costs associated with right -of -way. acquisition if assistance from VDOT and /or Frederick Countyis required. c. The .Applicant shall execute; or cause. for the execution of'a traffic sign a] ization, agreement with VDOT lo fully fund new. traffic signalization at the intersection of Northwestern' Pike (U.&. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six- months of final non - appealable °rezoning approval, or prior to approval, of-the, first, Site.Plan for the ,property, whichever occurs first. d. The Applicant shall design and, construct; or cause for the execution of a, traffic signalizati'on agreement with VDOT' to fully :fund new traffic signalization with pedestrian actualization at' the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Ulhepel Lane National Lutheran Boulevard. The Applicant shall provide additional 'funding: necessary to. provide for pre - eruption control for this traffic. signal if the County requests the land: "for the new, fire and rescue facility provided in :Section E(1) of the proffer statement. In the event the County does not request the land for the ,new fire .and rescue facility,, the additional funding for traffic signal pre- emption control shall be made available for pre - emption control for the traffic signal at the intersection of Northwestern: Pike and Poor House Road that. is described in. Section 1)(2)(c) of the proffer statement. The traffic 'signalization agreement 'shall be executed. within one year of final non - appealable - rezoning approval, or prior to approval of the first Site. Plan for the property, whichever- occurs first. The Applicant shall "reserve the right to preempt, this agreement by Iinitiating a signal' warrant :study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File' 14938s1Silve'r Lake LLC Rezoning II - i Grecnway`Gngineering 9"'I'mbe r'25, 2008 Revised January 6, 2009,;; Revised•]anuary 27, 2009; 7 Revised. February 16, 2009 Revised Pebruary'i9;2009' Revised March 2, 2009; Revised March,13, 2009; Revised Mareh 30, 2009; Revised October 24, 2013 e. The Applicant shall design and construct, or cause for the construction of improvements. to the median -crossing including a westbound right turn Aane and, left turn. .lane :and' an eastbound left turn lane on Northwestern Pike at the 'intersection of the relocated Spitining Wheel Lane National Lutheran Boulevard. 'These improvements shall 'be completed prior to the 'issuance of'tl e first occupancy permit for, the land use utilizing Spinning- `z heel Lane; National Lutheran Boulevard for access to Northwestern Pike. f.. The Applicant shale design and construct, or cause for the construction of improvements to National .Lutheran Boulevard within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right -of -way, for a future .roundabout at the intersection with Silvo� hake Read Trader Drive, and .left turn lanes and right turn lanes at `all' internal collector street. intersections and at commercial entrances as required by VDOT. Additionally,. the Applicant shall design, and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Laiie National Lutheran Boulevard at the intersection of Northwestern Pike. Spiffniffg,Whoel National Lutheran Boulevard shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two -lane road section between the future roundabout and the limits of Phase° 1 with dedicated right -of -way to Frederick 'County, to allow for a four -Pane urban 'roa'd section. The construction of .the two - lane road section shall include a raised median section necessary to, transition from the roundabout into the urban road section design. These improvements shall be completed' prior to the issuance of 'the first occupancy ;permit for the land use utilizing Spinning Whe4 Lane—National Lutheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct; or cause for the construction of the four =lane urban section between the future roundabout, and the 'limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicailt shall design and construct, or cause.-for the construction of modifications to,, or the elimination, of the median crossing, on' Northwestern.Pike: identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall, advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these 4hiprovements 'in conjunction with construction activities associated with _" 1✓a4 Nation I u&ran Boulevard as described in Section D(2)(f) of the proffer statement.. rile #49285 /Silver Lake LLC Rezoning ' I Grcenway Engineering 00",mber 25 „2008 Revised.7anuary 6,.2009; RevisedJanua• 2009: S Remised February 16;,2009; RevisedFebruary 19, 2009: Revised March.2. 2009; Revised,March 13, 2009 ;.Revised March 30, 2009; Revised October 24,,2013 j h.. The Applicant shall design and construct, or cause for the construction of :improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide :for a free flow ,ri'ght ,turn lane,-onto Northwestern Pike. Thee Applicant shall complete the Route 37 interchange improvements described in this .section, prior: to the approval of any Site Plan _that ,exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement,on the B2 portion of the Property. i. In the event that VDOT and Frederick :County determine that a monetary contribution for .regional transportation improvements to the Route 3.7 corridor between the Northwestern, Pike interchange and the North Frederick Pike. interchange is desired, the Applicant agrees to: provide a monetary` contribution in lieu of the improvement descfib�ed in :Section 2'(h). This -monetary, contribution shall be equivalent, to the_ amount associated, with the improvement described, in that, section based upon an engineering estimate agreed upon by VDOT, Frederick County and. the Applicant that will be prepared on or before the build out of the ,Phase 1 transportation .improvements. ” The Applicant agrees to. provide this monetary contribution to Frederick County. within 30 days of written request by the County; and further' agrees to allow for this monetary contribution to `be utilized -as matching funds, by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby` :proffers the following Phase 2 Transportation Program: a. The Applicant shall be eniitled to' develop the CCRC and a maximum of 350;000 square feet. of commercial- land use..,and 1,05,000 square feet of office land use =within Phase 2 that is a cumulative °total of Phase 1 — Phase 2. .However, the Applicant can deviate. from this land use mix assuming the total trip ':generation for site plans within this phase of the transportation program '(based on. the ITE 7th Edition Trip Generation Report) do not exceed the otal trip generation; specified in the November 253 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete, all Phase 2 transportation.. improvements prior, to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use. and 105,000 square feet of office, land use or equivalent trip generation as, noted above on the B2 portion of the Property. b. The Applicant:,shall., dedicate all right -of -way necessary for the Phase 2 'improvements that- will 'occur on.. the Property to 'VDOT or Frederick County. The Applicant wilt attempt to design all, off: -site 'improvements Within, public right -of -way; however, 'if necessary' it is recognized .that VDOT and /or' Frederick County will assist the. Applicant with right -of- Pile_ #4928S %Silver Lake .LLG';Rezoning, Greenwav EnPineerin2 fl.ber'M. 2008 :'Revised January 6. 2009" Revised January 27.2009: 9 Revised,February 16. 2009 - Revised Februaryl9„2009; Revised March 2 2009; Revised M.arcb 13,2009; Revised March 30. 2009; Revised October 24, 2013 way necessary to implement '-proffered off-site transportation_ improvements'. The Applicant agrees to. assume all costs associated, with right -of -way acquisition if assistance from VDOT and /or Frederick .County is required.. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to 'fully fund new traffic signalization, . with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route :50) and ;S vei 1=4ke 1=4k head Trader Drive. The traffic signalization agreement shall be executed prior to the issuance of the first oecu p anc y P ermit for- the land use utilizin g Sily Lake, Trader Drive for access to Northwestern Pike: 4 this signal if e n, ani ., r-eqa6sts the !E.id for- the new fire rc�Caejlry- Irv- o- icrcm� in- r SeEtie�n E(r) - vr- hc-- pf'e€€ef - s�tefflen�rcne be Fflacle r_rvz ilole-f6r pfe, emption e;,ont�,roli --fef the tfaffie signal at thee iater-s�e.etiE)n a ^r 0(2)(^) E)f *h° The Appl'ican't shall reserve the right`to preempt this agreement by rnitiating signal warrant study and signal design plans ;in accordance with V ,a DOT 'standards for approval to: 1 install traffic signalization at this intersection. d. The Applicant shall design ,and construct, or cause'fdr the construction of improvements to SiM4h R Trader 'Drive to include a two -lane urban. road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design. standard and provides for the construction of the roundabout at the intersection with Spinning WhM • National. Lutheran Boulevard, and left turn lanes and'. right turn lanes at all commercial entrances as, required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing. 'including a westbound right turn lane and left, turn lane °and an eastbound left turn lane on Northwestern Pike at the intersection of a lvof: r ` &e Road' Trader Drive. 'These improvements � shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use. and 105,000 square feet of office land use or equivalent trip' generation as described in Section D(3)(a) of' the proffer statement on the B2 portion, of the Property: with the exception of the median crossing and turn lane improvements on I Northwestern Pike which shall be completed with the `,Silver La Read Trader Drive intersection improvements on Northwestern Pike. Additionally, the Applicant, shall dedicate aright -of -way: to Frederick County to allow for a four -lane urban road section. for 'gilyer rake Reed Trader Drive, and further agrees to design and construct, or cause for the i File. #4928SiSilver,Lake LLC Rezoning �j GreenwayEngineering' ` ovember 25, 20M.Revised January 6, 2009; Revised January-27 „2009; 10 Revised February 1'6; 2009 ;:nevi §ed:February`l9„ 2009; Revised,March 2, 2009; j Revised.Mamfil3., 2009; Revised March 30; 2009; Revised October 24, 2013 . construction of the four -;lane urban road section if this improvement is warranted based on future traffic, counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of, improvements to. National Lutheran Boulevard to provide for a "two -Pane urban road section that is constructed to. a 40 mph geometric design standard and provides for left- turn lanes and right turn 'lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from 'the terminus of National Lutheran.Boulevard constructed in Phase 1. to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to' the .approval of any Site Plan that exceeds 350,000 square feet of commercial land use and _105,000 square feet: of office .land use .or equivalent trip .generation as described in Section D(3)(a) of the proffer statement on the.B2 portion of the Property. Additionally, the Applicant, shall dedicate right -of -way to Frederick County to allow for a four -lane urban road section for S'injij�g Wheel Lme National Lutheran Boulevard and further agrees to design and construct, or 'cause for the construction of the four -lane urban section if this improvement is warranted based. on future traffic counts as described. 'in Section D(G). The Applicant shall design and construct; or cause for the ,construction of modifications to, -or the. elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine, the requirements for modification, or elimination and shall advise the Applicant 'in writing of the requirements associated with this 'improvement., The -Applicant shall complete these°improvements in conjunction with construction activities associated' with, v Road Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant ,shall design and construct, or cause for, the construction of improvements to the :northbound :off ramp at the Route 37 interchange with Northwestern ,Pike to provide fora second right turn. The Applicant shall complete the Route 37 'interchange improvements described in this section prior to the approval of any Site ._Plan that exceeds 350,00.0 square feet of commercial land use and 105,000 square feet° of office land, use or equivalent trip generation as described in Section D(3)(a) of "the proffer siatement,on the B2 portion of the Property. h., The Applicant shall design and construct, or cause for the construction of ,improvements: ,at, the Route 37 interchange with Northwestern Pike to provide for 'a third westbound thru lane on Northwestern Pike under the Route.37 bridge structure continuing emt.to the transition for the Route 37 northbound on- ramp, to include the 'relocation of the existing Route 37 file' #4928SISilver Lake LLC Rezoning i Ur`eenway Engineering memb& 2:5. 2008; Revised January 6,;2009; Revised January, 27,;2009; 1 1 'Revised hebruary 16.20(19; Revi'sed'February 19, 2009; Revised Much -2, 20.09; Revised March 13, 2009; Revised_March 30.:2009; Revised Oct6ber24, 2013 northbound on- ramp. The Applicant shall complete the Route .37 interchange improvements described; in this - section prior to the approval of any Site Plan that exceed's 350,000 square feet of commercial ;land use and. 105,000 square feet of office land use: or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary . contribution; for regional transportation improvements to the Route 37 corridor 'between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to - provide a monetary contribution in lieu of the improvements described in Section 3(g) and ,3(h)_. This monetary contribution. shall be equivalent to the amount, associated with the:impmvement described, in those sections based., upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or .before the °build' out of the Phase 2 transportation improvements. The .Applicant agrees to provide this monetary contribution to Frederick. County within 30 days of written i request by the County, and further agrees to allow for this monetary contribution to be utilized as. matching funds by Frederick County for ,qualifying transportation improvements programs or grants. In. the event that .regional transportation improvements to the Route 37 corridor, between the Northwestern Pike interchange are constructed, prior to the completion of the Phase .2 Transportation Program, 'the Applicant agrees. to provide a monetary contribution equivalent .to the amount associated. with the improvement described in this :section to be utilized unconditionally by Frederick County for other transportation improvements., This monetary contribution shall be provided to Frederick County within 60 days of written request.by the County. 4. The Applicant hereby, proffers the following Phase, 3' Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum; of 490,000, square -feet of ' commercial land use and 350,000 square feet of .office land use within, Phase 3 that is a cumulative total. of Phase 1 — Phase 3. However, the Applicant can deviate from this land use.,mix; assuming the total trip generation for site plans within 'this phase of the transportation program. (based on 'the ITE. 7th' Edition Trip 'Generation Report) do not exceed the: total trip generation specified in the November 25; 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that thei Applicant shall complete all Phase 3 transportation improvements prior to the, approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or File #4928S /Silver Lake LLC Rezoning r I ay Engineering T "'ember 25, 2008; Revised January 6, 2009;,Revised January 27,2009- 12 Cireenw Revisedrebruary.16, 2009 ;;Revised February 19, 2009 :.Revised'Marc6 2, 2009; Revised March 13. 2009; Revised. March 30, 2009; Revised,October 24, 2013 equivalent Grip generation as rioted -above on the B2 portion of the Property. K The Applicant: shall dedicate. all 'right -of -way :necessary for the Phase 3 � improvements "that will occur on the Property to V -DOT or Frederick County. The Applicant will attempt to .design <all off - site improvements within, public .right-of -way; however, if necessary it is recognized that VDOT :and /or Frederick County will assist the Applicant with, right -of- way , necessary to implement proffered' ;off -site transportation improvements. The Applicant agrees 'to assume: all costs associated with right -of -way .:acquisition if assistance: from VDOT and /or Frederick, County is _required; c. The Applicant shall. design and, construct, or cause for the construction of improvements-to, 31W. fiwlel I Ane National Lutheran Boulevard to provide for a second right turn lane on National Lutheran Boulevard. at the intersection of Northwestern Pike. These improvements; shall be completed prior to the approval of any Site Plan that exceeds 49:0,000 square feet of commercial land use and 350;000 square feet .of office land use or 'equivalent trip generation as described in Section.D(4)(a) of'the.proffer statement on the B2 portion of the Property. d. The, Applicant shall design and construct; or cause for the construction of a two -lane urban, road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with National Lutheran Boulevard, and left turn lanes and, right turn, lanes ,at all commercial entrances as required by VDOT, which , will -provide for a connection between �pip�ning, Wheel Lane National, Lutheran Boulevard and Poor House. Road (Route. 654). The , Applicant will coordinate with the owner "of tax _parcel 52- ((A)) =47 to obtain right -of -way for this- improvement as a first option for development of the two -lane urban road connection: In;the event that the first option cannot be 'achieved, the Applicant shall design and construct, or cause for the construction of the two -lane urban road connection between Spiinning Wbeol, Lane .National Lutheran Boulevard and Poor House Road .on the Property. The general location ' the, two -lane road connection associated with both, options will be provided on ;the proffered "GDP; :however; it is recognized that this location may ,,shift without the need. for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 4901000. square feet of commercial land use and 3,50',OQOI square feet of office land _ use or equivalent trip generation as described-in Section D(4)(a) of the proffer statement on the B2 portion' of the Property. 5. The Appfi'cant hereby proffers the following Phase 4 Transportation °Program: File"# 49 28S /Silver'Lake LL'C,Rezoniiig • Greenwa T ngineerin • 0 y g Iwember,25, 200A;,Revised _lanuary 6, 2009;- Revised January 27,.2009; 13 Revised, February 16; 2009; Revised February 19, 2009. Revised March 2, 2009: Revised March 13; 2009; Revised March 30; 2009 �Revisedoctober 24, 2013 a. The :Applicant shall be entitled to develop_ the CCRC and a maximum of 583;050 square feet of commercial land use and 494,600 square feet of office land use within Phase �4 that is a cumulative, total of Phase 1 — Phase 4. However, `the .Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation, program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic. Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 53.0,000 square feet of commercial land use and 440;000 square feet of office land use or equivalent; ;trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to, develop commercial or ,office land uses that exceed the maximum square feet or total °trip generation-specified in this phase of•the transportation program, a new traffic impact. analysis report shall prepared, with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b, The Applicant shall dedicate all right -of -way necessary for the Phase 4 improvements that will occur on. the Property to VDOT or Frederick County. The Applicant will attempt to design' all off -site. improvements within public right -of -way; however, if necessary it is recognized that VDOT_ and /or. Frederick County will' assist the, Applicant with right -of- I way necessary, to implement proffered I off -site transportation :improvements. The Applicant agrees, to assume. all, costs associated with right -of -way acquisition if assistance from VDOT and /or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements, to Silver Lake Rea& Trader Drive to provide for a second left turn 'lane on ` e� Lake Read Trader Drive at the intersection of Northwestern Pike: These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet, of commercial land' use and 440;000 square feet of office 1'and use or equivalent trip generation as described in Section. D(5)(a) of the proffer statement on the B2 portion of the Property. d. The.Applicant shall design and 'construct, or cause for the construction of improvements 'to provide for a third.. westbound. thru lane on Northwestern Pike from the eastern boundary of the Property to A'h6e!'Lane _ National ;Lutheran. Boulevard. Additionally, the Applicant shall; be responsible for the relocation, construction, and right -of -way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the File. #49285 /Sil'ver Lake LLC'Rezoning i Greenway. Engineering, ovember25,200& Revisedr:lanuary'6, 2009 ;'ReyisedJanuary'27, 2009; 14 Revised February 16.2009; Revised February 19, 2009; Revised March2, 2009; Revised.lvlarch 13.20.09; Rcvised,March'30; 20WAevised Octobw241 2013 $pinning Wheel National .Lutheran Boulevard and Silver- Lake Read Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section U(5)(a) of the proffer statement. on the B2 portion of the, Property: 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT land Frederick County to determine; if the 8,000 ADT volume is achieved to require• the expansion of Spiiii4ing Wheel Lalle National Lutheran Boulevard and n O:, a Trader Drive to four -lane urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shaff begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met, for widening, both street systems. , VDOT and Frederick County may .allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required; traffic counts will be conducted at the e in ig Wheel L n°. National Lutheran Boulevard and 94ve1= Lake Read Trader Drive intersections with Northwestern- Pike; on S-Pi-nning Wheel National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard. and Poor House 'Road at the western "boundary of the Property. If. warrants, are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VD'OT' and Frederick County within six months of written notice that warrants are met. The Applicant shall commence° construction of 'these improvements within six months of` final plan approval. E. Fire and. Rescue` Enhancements 1. The App'l'icant hereby proffers to provide, or cause, for the provision of land to Frederick County for the development of a new fire and rescue station and support.facilities within five years from :the date of final non- appealable rezoning approval. The Applicant ,shall. dedicate. a site fronting on 9_4 vef Lake R@A Corporate: Place that is located near the intersection of .Neff �westef. National Lutheran Boulevard, which is a minimum of three acres and- maximum of four acres in size, with the final size of this site; being determined upon approval of the' Site ;Plan for the new fire and rescue station facility. The Appl cant,-shall prepare' and provide Frederick County with the dedication. plat. for this site: and necessary right -of -way along Corporate Place ,�T,,;: *1;west °~fi Pike .,; id Qilve,- r ake Read within five years from the date of final non- appealable rezoning approval provided that a Site Plan has been approved for the new fire and ,rescue station. Additionally, if Frederick County does, not. commence construction of a new :fire and rescue station within one year following' the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic FileA4928S /SiIve °take L LC Rezoning Greenway Engineering Noyember25; 20W Revised January'6, 2009; Revised .lanuary 27, 2009; 15 Revised, February 16, 2009; Reyisedl?ebruary 19,,20ft Revised March 2, =2009; Revised.March 13, 2009'. Revised March, 30;.2009; Revised October 24,;2013 development. In the event Frederick County elects -not.-to develop this site as a new fire and rescue station, :the Applicant, shall provide• a monetary contribution to Frederick County in the amount of $`100;000.00 for the development of a new fire and rescue .station 'or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for. the provision of a monetary contribution to Frederick County iri the anmount of $1,000;000.00 for the development of a; new fire and rescue station or for the.,expansion of an existing .fire and rescue station This monetary proffer 'is. intended to mitigate impacts to fire and rescue ;services associated with the development of the CCRC 'on the M5 District portion. of the Property. The $1,000;000.00 monetary contribution shall be provided to Frederick County within five years from the date of final. non- appealable rezoning approval to assist, with the development of the new fire and rescue station or for the expansion . of an existing ,fire and rescue station., However, the date for the $'1,000;0.00.00 monetary contribution payment may be extended if a Site Plan; for new fire and rescue: station or for the expansion of an existing fire and rescue station has not been approved within five, years. from the date of final. non- appealable ,rezoning approval. If the latter occurs, the $1,000;000.00 monetary contribution shall be provided to Frederick County within 30 days of the- date of final Site,Plan approval. for the new fire and rescue station or for the expansion of an existing,fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the Construction of all rrncr3cccrori— r necessary road impr ovemen ts 0 toe ; tefn t with vi, rcrh tcc D vcd raird Qn,,Sifver_ T . k .,Z '„d 'to provide access to the the new 'fire and ,rescue station_, as well as all uti'fities necessary for the new fire and rescue station. located on the Property. These infrastructure improvements shall be provided by the ,Applicant in advance of the Phase 1 or Phase 2 transportation program. ,improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The .Applicant shall work with Frederick County, upon notice by the County, to ensure that the. design, bonding and .construction of these, .,infrastructure improvements is coordinated during the preparation of the Site Plan for the, new fire and rescue. station on the Property. F. Signatures The conditions proffered, above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest 'of the Applicants and owners. .In the event the Frederick County Board of Supervisors grants this rezoning and accepts the 'conditions, the proffered conditions shall apply to the .land rezoned in addition to other requirements set forth in the Frederick, County Code. . File #4928S /Silver Lake LLGRezoning II GreenwayBngi need ng November 25. 2008 .Revised January 6 2009; Revised'January 27,;2009; 16' Revised February'16, 2609; Reviseffebruary.19, 2009:`Revised March 2,:2009: Revised March 13, 2009: Revised March 30 2009; Revised'October 24,.2013 ,Respectfully: Submitted: By: Date: Commonwealth of Virginia, City /County of To Wit :, j - I The foregoing instrument was .acknowledged before me, this day of I 20_ by i MyCommisgion Expires File #4928S1SilverLake LLC Rezoning I I� Notary Public i ,I i i l i GREENWAY ENGINEERING 151 W:mdy -Hill Lane;- Pd nded in 1971 Winchester, Virginia 2260,1 TRANSMITTAL, Project Name: Silver Lake,,LLC:Conditional'Zonng. Amendment i I I.�� Files' No: 4929S': - _ - Date: Fri, Oct 25 2013' To: FC Plannir► From: Evan Wyatt; GREENWAY'ENGINEERING Attn �Eri`c. Lawrence _ Copied Phone: 540 - 662 -4185 Fax: 540- 722 =9528 Delivery, ,4^{ Fed Ex U.S. Mail Courier °Pick Up ° Other Ur, ent As You Requested ► Please Comment . g , - For Your Review .Wssage Hi Eric, Please find attached the information for review and .comment.for the Silver Lake; LLC "conditional zoning amendment that addresses the -items we discussed' earlier this `week. Please: contact me if you have any questions`or if you need anything, else at this time. Thank. yo -u, Egan �I r� OCT 2 5 2013 1 Hand Delivery ;and Pick Ups Only: Received by. Ql,l �'� Date; ;.PleasePrint'Name:. ,r V Rezoning: Comments Frederick County Department of Planning & Development 1yiail to: Hand deliver'toi Fred. Co. Dept. of Planning & Development Fred: Co,_ Dept. of Planning & Development 107 Norff Kent Street North Building, 2nd Floor Winchester, Virginia 22'601. 107 North Kent Street Applicants Name: Greenway Engineering, Inc. Telephone: (540) 662 -4185 i Mailing Address: 151 .Windy Hill Lane „ Winchester, VA22602 Location Of property: North side of'Northw.estern Pike (U.S. Route 50 West); West of Ret-ail.Boulevard; and east of Poor`House Road (Route 654). I Current zoning: B -2`& MS Districts, Zoning requested: B -2 & IVtS Districts Acreage: 370.02 + /- i Frederick County Department of 'Planning & Development. Comments: Signature ,& Date: Notice to Planning. Department Please Return Form to Applicant :REZONING APPLICATION, FORM FREDERICK COUNTY, VIRGINIA NOV 7` 2013 i } Toy bercompleted by Planning Staff a a a�Fee��Amourit Pald W �i c; iE t i kS ARM �'Zomng Amendment- NurnberC7��3 D ��. ��t� a' >r „ ;� S #PC�H'earrigDatei4ekt �� B®H`earingDatel"�� I The following information shall be provided by .the applicant; All parcel identification numbers; e'd`book and page'numbers maybe obtained from, the Office of the Commissioner of Revenue, Real'Estate Division, 107 North Kent.Street; Winchester. I 1. Applicant: Name: Greenway.Engineering, Inc. Telephone: (540) 662 -4185. Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Silver`Lake;'LLC Telephone: (540) 662 -7215 Address: 13 South Loudoun Street Winchester, VA 2260`1 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662 -4185 4. Property Information: a. Property Identification Number(s): 52 -A =C; 52- A,50A; 52 -A -52 and 52 -A -63 b. " Total acreage to be rezoned': N/A Conditional. Zoning Amendment for B 2' District parcels c. Total; acreage of the parcel(s) to be rezoned (if the entirety of the ,parcel(s) is not being rezoned) :.N /A - Conditional Zoning Amendment for B -2 District parcels d. Current �zo img,designationts) and acreag_e(s) in each designation: B =2 District 238.96 + /- acres; MS District 131:06 + /- acres e. Proposed zoning designation(s) and acreage(s) in,each designation: B- 2.District,238 96 +/- acres; M,S District 131.06 + /- acres i Magist' ial "'District(s): Gainesboro 12 • 5,.' Checklist: Check the following items that;have been included with this application.. Location map 0✓ Agency Comments' �✓ Plat � _ _ Fees Deed to property _ _ Impact Analysis Statement Verification of°taxes paid. ✓ _ Proffer Statement v( _ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf s) of all submitted documents, maps :and exhibits 6: The Code of Virginia allows us to request full disclosure of ownership. in relation to rezoning applications. Please list below all owners or parties in 'interest of the. land. to- be rezoned: N/A Conditional Zoning Amendmentfor B -2 Districtproperties 7. Adjoining. Property: PARCEL ID, NUMBER USE . ZONING See Attached Information K. Location:. The property is located at (give exact location based on nearest road_ and .distance: from nearest intersection, using road.names and route numbers): North side of Northwestern Pike (U:S. Route 50 West); West of Retail Boulevard; and east of :Poor House Road (Route,654). 13 9. The.foilowing.information should 'be provided according �to the'type, of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi- Family: Non - Residential Lots: Mobile Home: Hotel: Rooms: Square Footage of'Proposed Uses Office; Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature:. I- (we), thei undersigned, do hereby respectfully makeapp'licaton and petition the Frederick County Board of�Supervisors to amend the zoning, ordinance ;and to change•the-zoning snap of Frederick County, Virginia. I (we): authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that th'e.sign,issued when this application is submitted.must be placed at the frorit'property, line at least seven days.prior to the `Planning Commission public hearing and the Board of Supervisors public hearing andmaintaine&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: �:i t✓ 13 Date: Owner(s) :- 14 Date, Date: Special Limited Power' of Attorney County of'Frederick; 'Virginia, Fre.derick,Plarming` Web; Site: wWW.co.frederick:va.us Department of Planning & Developme,nt, County of Frederick, Virginia, 167 North'Kent',Street, Suite 202 Winchester; Virginia 22601 Phone 540- 665 -5651. Facsimile 540 - 665 =6395 Planning.. office,_ County of Frederick, Virginia, 101 Kent Street, Winchester, Virginia 22601 Phone;540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone).'(540).662- 72,15 (Address) 13.South:Loudoun Street, Winchester, VA 22601 the owner(s) of all tliose'tracts or�parcels of ( "Propert y') conveyed to me (us), by deed recorded in the 1. Clerk's Office of the Circuit Court of.the County of Frederick, Virginia, by Instrument No. 090001536 on _Page Deed Book 927 on,Page 1591 Deed Book 872' on Page 31_8 and is described as Parcel: 52 Lot: C Block:; A Section: & Parcel:. 52 Lot: ,50A Block: A Section: Parcel: 52 Lot: 52 Block: A.Sections Parcel: 52 Lot: 63, Block: A Section: do :hereby make, constitute and appoint: (Name) Greenway.Engineering (Phone) (540) 662 -4:185 (Address) 151 Windy Hili Lane, Winchester, VA 22602 y _ rney -in' -fact for and .in my (our) name, place and stead -with full power. and To�act as m true and lawful alto authority I (we) would:have if` acting'personally to file planning application for my (our) above described Property, including: Conditional Zoning Amendment Conditional ,Use:,Permits Master Deyelopment Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney=in -fact shall have the authority to offer proffered conditions and to make amendments to previously °approved proffered conditions except as follows: This authorization shall expire one'year from the day it is, signed,' or until it:is otherwise rescinded or modified: In witness th t Signature(s) (we) have hereto, set my (our) hand and' seal this ��day of IP 206L State 'of Virginia, City / -mmyof To -wit: 1, &,mot Notary'Public in.and for-the jurisdiction aforesaid', certify that the person(s) who signed to t, e foregoing:ihstrument,and who 1` {are). known to me,.personally appeared before,me and•has acknowledged -the same before; mein the,jurisdiction aforesaid this day of Wjjp, 20 13 My Commission Expires: • ;O a!1 / Notary Public CINDY`QROVE NOTARY PUBLIC i Reg. #1