HomeMy WebLinkAbout06-13 Proffer StatementApril 1, 20'l -4
Mr. James. R. Wilkins; III.
Silver.Lake;, LLC
13 "South Loud'oun �Siree_ t
Wmctiester„ VA 2Z6Q'1
RE: Pr6ffer for Fireand Rescue- Enhancements:Rezonmg 46643 :Silver Lake, LLC
Deafmn Wilkins--
This,letter is to .inform you tfiat. the :Site Plan for the new fire acid rescue station. was approved• by
Frederick County on, lVlarcli 27, 20,14 (Proffer E.1,)., The County. is "seeking a dedication plat from
'the applicant °to the .County; "and right of= way "along Corporate" Place, "(Proffer. E ,1).. The applicant
is. required to pay, a .monetary confribution of $1,000;0;00 0,0 to he paid to the County 'for the
development of the new fire and rescue station (Proffer `E.2); The County is .requesting, the
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diedicationplat,: right- of`wWd.edicat ion ; andmonetarycontribution4by `Apri12'1,201.4.
If "you,,have any questions, please call me,at:(54:Q), 665- 56511.,
Sincerely,
-R., Cher "a v
Zoning Administrator
MRGrsa,
lyc Ed..'Sti4*s d6 , Public Works,
1,07 North Kent,S,treet; Suite 202,* Winchester, Virginia° :2260.1- 5.000
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Greenway;Engineenng -:Novernber�25,_-2008,'Revised January6� _j069; k6vise
Revised I Tebru d, January '27,.2009;' 13
ary 3 6,2009; Revised FdfwarYJ 2 „'3009; C
Revised March 13, 2009; Revised March 30, 2009l;,,Revised'N6vembef 4;,201
right -of-'Way acquisition if 'assistance' from VDOT and/or. Frederick ry
Coupty,is.required.
cl., 'The Applicant shall design and, construct, or cause for the construction o-struction of
improvements to Trader Drive to praVide fbr� A second left turn lane ane on
Trader Drive 'at the intersection �i' -Pike.
of Northwestern These
improvements shalt be completed prior to the approval_ of any Site I plan
that, exceeds 530,000 square
feet of commercial land use and 440,000
square feet of office land use. Or equivalent generatio as;descnbed in
.0 , trip n,
Section, P(5)(a) of -the Proffer'statement on the B2 Porti
on of the Property.
d., The Applicant shall design and construct; of cause for the construction of
4m pro venents, to pro v” id f
ora. third westbound thru lane on `Northwestern
Pike from the eastern
boundary of the Property to National, Lutheran
Boulevardi. Additionally, the Applicant s
I . _. hall be responsible for the
relocation, construction
and right-of-way dedication (if necessary) of'the.
existing right lanes on,Northweswrh P i k& at the, Lutheran
Boulevard and Trader 'Drive intersections. The . Applicant shall complete
p-
.these improvements, prior to the approval of 'any Site Plan that exceeds
530,000 square, fbet
t of commercial land use and 440,000, square feet of
office 'land use or equivalent trip generation . as described - .ih Section
D(5)(a) of the', proffer staterneiii.on,
the B2 portion, of the Property.
6., The Applicant hereby -proffers to conduct annual traffic counts that will be
provided to VD0Tand Frederick County to determine if the 8,000 ADT volume
18 achieved fofe�qqire'; the expansion of National Lutheran, Boulevard and Trader
.Drive to Iour-lane urban
road sections'
as provided, for in -Sections 1)(2)(f),
D(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 improvements are
completed and shall continue until Ihe warrants are . me " for or widening both street
systems. VDOT'and� Frederick tin Al for. - -
County may . low.. - annual traffic counts to be
delayed in calendar years in which there & no development activity on the
Property. When, required; 'traffic counts, will be conducted at the .National
Lutheran Boulevard and
Trader Drive intersections ith Northwestern 'Pike, 'on
wi
,National Lutheran Boulevard at the eastern bound Property,-
ary and on the
tWo-lane road connector between National- Lutheran B levard and P
ou : Poor House
Road .at the western `boundary of the Property.' If wdrfants,are met based on the
annual traffic counts, the Applicant shall prepare and submit. construction plans s'
f6r�approval 'by VD0Tand',Freden`ck County within, six, months of written notice
that -,warrants are 'met.. TheApplicant shall commence construction.
of these
.improvements within six months Of final plan approval,.
E. Mire and Rescue Enhancements
•. The Applicant herebyproffeis to provide;, or cause for the* provision of land* to
Fredeiidk County for the development of a new Pire and',re" -
scue station' and
'File #4928S /Silver Lake LLC Rezoning
Greenway- Engineering November,25 2008;'Revised= January 6; 2009 °Reyised`lantk 27, 2009;
ry' 141
Revised Fe6ruary, 16, 2009 Revised'February 19,,2009; Revised March 2, 2009;
Revised March 13, 2009;, Revised March 30; 2009;Revised;November4;.2013
'support facilities-On or _.before April 21,201-4. 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 and rescue station facility; The .Applicant shall prepare
and provide• Frederick County with the dedication plat for this site and, necessary
right -of =way along Corporate Place on or before April 21 20,14 provided thaf 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 ihe'•,site, this land' shall be
conveyed'. back to theApplicant, to ,allow :for further,economicdcvelopment. In the
event Frederick County, elects not-to 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 $1',00,000.00 for the development; of--a new fire and rescue: station .
or for the expansion, of an existing fire, and rescue station avanother location.
2. TheApplicant hereby proffers to provide, or cause;for the provision of a monetary
contribution to Frederick County in the amount of $1;000;000.00 for the
development of a new fire and ,rescue station or for the expansion of an existing
fire and rescue ,station. This in netary proffer. is :intended to mitigate impacts to
fire and rescue services associated with the.de'velopment 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'ezpansion 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 ,arid rescue station has not been
approved on 'or before April 2 ., 20:14:' lf' 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 existingfire 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 the new fire. and rescue
station located on: the Property; These infrastructure improvements - shall' 'be
provided •by the Applicant iii• advance of the Phase 1' or Phase "transportation.
program improvements to facilitate the.construction ' of .the new fire and rescue
station should this occur ihadv ance 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,ii49MS /Silver UkelbL Rezoning
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Greenway,F.nerteering
REZONING:
PROPERTY:
*'b'W25',,,20_08-. Revised 7anuary 6,,209; Re >ised January;27 2009; _
Revi'sed February`1.6 2009; Revised'F6bruary 19, 2009;.Revised Much, 2009;.
Rwised March ,13,,2009; ReyisedMaMi30;.2009 ,Revised Ngvember 4, 20.13
SILVER LAKE, LLC.
PROFFER,STATE -MENT
RZ #01 -09
Rural Areas District ('RA) to Business °.General District (132) and
MS Medical Support District'(MS)
23`8.96± acres;
Tax Parcels #52= ((A)),-C,, 52- ((A)) -50A; 52- ((A)) -52, and 52 -((A))
634bere -:in after`the'``Property'')
RECORD OWNER ,Silver Lake, LLC, Jaynes R; Wilkins, I11,,1Vlanager
APPLICANT': SijverLake, LLC, (here ->n after the ``Applicant")
PROJECT' NAME`: Round Hill Commercial Centers & The Village at Orchard Ridge
ANational Lutheran Home Community
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ORIGINAL'DATE,
OF PROFFERS:. November 5',.2008,
REVISION DATE: November 4, 20'13
Prelin inary Matters
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Pursuant to :Section 15.2 =2296' Et- Soc ; of the Code of Virginia, ,950,. ,as; amended, and
the ' provisions of the Frederick County Zoning Ordinance with ,respect to conditional
zoning; Ij e, 'undersigned Applicant hereby proffers that ,irr the .event. the Board of
Supervisors, of 'Frederick County, Virginia, shall approve conditiondf zoning ,amendments
to Rezoning Application #01 Q9.' rezoned 370 02+ acres from the Rural Areas
(RA) ,p1st6 to establish 239.%± acres of B 2, Business General District (Tax Map.
Parcels 52= ((A))-C, 52 =((A)) SOA, 52- (.(A));:52, 52 ((A)) -63)_ and 13:1.06± -acres .of MS,
Medical Support_ District (Tax_ Map Parcel 52.((A)) =50), development of the subject
property shall be' donee in conformity with the terms and conditions set forth herein,.
except'to ,the extent "that such terms, and conditions may ,lze subsequentFy amended -or
;revised 'by :the Applicant and such, h approved, by .the- Frederick County Board of
Supervisors in accordance with the. said Code and Zoning Ordinance The conditional.
,zoning .amendments within this, docurnent are intended to appl -.y to the 238'.96± :acres of
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B 2, Business, General'D,'Mrict, vv- HileAhe 13 "t.06 ±- acres; of MS, Medical' Suppor"tDistrict
-will comply.' with the conditions approved as part of Rezoning Application 401 =09 on
April 22,1009.J4 Section -B' MS,,.Medinl Suppoff,I)fstrict. Area. In the event,
"that the conditional zoning amendments are not granted, `then these proffers ;shall be
deem, - ed withdraww and' .have 'no effect whatsoever. These. proffers, shall be :binding upon
this ppliearit,and'theit legal successors, heirs assigns:
File #4928S 4Si1.ver Lake,CCC Rezoning,
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A. Generalized. Development Plan
1. The Applicant hereby, proffers to submit a Generalized Development Plan. (the
"GDP ") for the Property. The purpose of the GDP is ,to identify the general
location of the B -'2, Bu.siness: 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 5,0 -foot green ,strip. enhancement area; the general location of the
1.0 -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-,
20`13 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, 'provi'ded that the adjustments do not eliminate or substantially
,relocate the areas described.in' Section Al of this proffer statement.
B. MS, .Medical, Support District,Area
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 165- 504:02(13)(7) of the Frederick"County Zoning Ordinance.
2. The Applicant hereby proffers to,limit the maximum residential density within the,
CCRC to eight units per acre. The maximum residential density total 'shall
include all independent4ivmg units, assisted care, living' Units, and skilled nursing
care units. The location and totals for the residential units.specified,;i' `this section
shall be provided on the Master Development: Plan for the Property.
3. 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 buffer
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 described 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..
Pile #4928S /SiIver_Lake LLC Rezoning
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Greenway Engineering NOher 25 3008 Revised lanuar 6 2009: Revised Janua n2.09;
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Revised, February 16, 009 ;, Revised .February�19,,2009`,Revised March 2, 2009:
Revised,March, I.3,,2009;;Revised March 30, 2009; Revised,November4 .2013
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PROFFER STATEMENT
A. Generalized. Development Plan
1. The Applicant hereby, proffers to submit a Generalized Development Plan. (the
"GDP ") for the Property. The purpose of the GDP is ,to identify the general
location of the B -'2, Bu.siness: 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 5,0 -foot green ,strip. enhancement area; the general location of the
1.0 -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-,
20`13 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, 'provi'ded that the adjustments do not eliminate or substantially
,relocate the areas described.in' Section Al of this proffer statement.
B. MS, .Medical, Support District,Area
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 165- 504:02(13)(7) of the Frederick"County Zoning Ordinance.
2. The Applicant hereby proffers to,limit the maximum residential density within the,
CCRC to eight units per acre. The maximum residential density total 'shall
include all independent4ivmg units, assisted care, living' Units, and skilled nursing
care units. The location and totals for the residential units.specified,;i' `this section
shall be provided on the Master Development: Plan for the Property.
3. 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 buffer
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 described 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..
Pile #4928S /SiIver_Lake LLC Rezoning
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Cree_nway Engineering 0-ber 25„200& Revised Jamiary`61 2009; Revised Jan* 27. 200; 3.'
Revised February 16, 2009; Revised.February 19, 2009; Revised March 2;.2009; O
Revised March 13, 3009;; Revised March 30, 2009; Revised November 4, 2013 1 O
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C. B2, Businm General.District Area
1. The Applicant hereby proffers to prohibit- the :following land uses currently
allowed within the .B2 District:
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Truck Stops
Golf Driving Ranges I .
Outdoor Batting Cages
➢ Model Horne Sales
➢ 'Self, - Service Storage. Facilities
Adult,Retail Establishments
2. The Applicant hereby proffers to prohibit individual full service commercial
entrances to all allowed 132 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 ' 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 drivies - 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 and'.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 Arid 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 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
1046ot :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..
Filc #4928S /Silver, Lake 1_1-C Rezoning
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Greenwa} Engineering Aormbe*r 25, 2008 Revised January 6 2009;.Revlsed;January 27,;.2009; 4
Revis_ed,February 16, 2009;,Revised February 19,,2009; 'Revised March 2, 2009;
Reviscd'March .l3. 2009; Revised March 30, 2009; Revised November 4. 20
7. The Applicant hereby proffers to include an additional row. of evergreen trees p
within. all required buffer +and screening areas adjacent to land. primarily used for ; —
r'esidential purposes in the RA District in which accessory uses are proposed c.a
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.
This location of this facility is identified on the proffered GDP and will be located
outside of public right -of -way limits. This facility will be developed` as follows:
➢ The 1046ot 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 :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 GDR 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 1.0' -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
Trader Drive:
➢ The .10 46ot asphalt trai'1 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, restrictiyel 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 covenant, documents shall include; but.not be limited' to,
the°following design elements:
tile149285 /Silver Lake LLG Rezoning
Greenway Engineering *-ber 25, 20b8;.Revised January 6, 2009; Revised January 27 ;2009 5•
Revised February M, 2669; Revised•february'l 9 ,.2009; °Revised March 2, 2009;
Revised,March 1K200.9;,Revised March 3Q, ;2009; Revised, November 4,2013
➢ Building material's for all exterior walls land rooflines.
➢ 1Vlaterials for all monument freestanding business signs. The materials .ford
the base of all monument free sta
tiding business signs shall be consistent
throughout the B2 District.
➢ Screening; of all loading areas from adjoining properties external to the B2.1
District.
'Screening of outdoor dumpster pad areas with building materials
consistentwith the primary structure:
➢ Common. area.maintenance agreements..
D. 'Transnortation'Enhanceinents
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 identifies improvements to the regional transportation network
to. account for background undeveloped projects and the Applicant's proposal
through four phases of 'development. The:Applcant 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 improvements proffered herein will be constructed as
described in this. section; however, the exact location :and limits of these
improvements will be determined by VDOT 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 form
on the proffered GDP arel general in nature and: may be relocated to accommodate
VDOT engineer ing design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
2. The Applicant hereby proffers the following Phase 'l Transportation Program:
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 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 1. 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. B2 portion of the
Property.
.File #492M.Silvertake,LLC Rezoning
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Greenw_ av,Engineering *her 25; 2008 ;Revised ]anuary '6, 2009; Kevised January 27, 2009; 61
Revised March r13, 2 009 Revised
Mar h 30. 2009: Revised N6vcmber 4, 201 -�� �
y 9, 2009; Revised March i2 -,200
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b. The Applicant shall dedicate all right -of -way necessary for the Phase 1.'�
improvements that will occur on the :Property, to VOOT 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 '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 1
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 cohstruct, 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 National Lutheran
Boulevard., The Applicant shall provide additional funding necessary to 11
provide, for "pre- emption control for this traffic signal if the County
requests the .land for the new fire and` rescue facility provided in Section
E(I) 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 I
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)( Q) of Iheproffer 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 initiating a signal warrant
study and signal design, plans in accordance with VDOT` standards for
approval to install traffic signalization at this intersection.
e. -The r 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 irriprovements shall be completed' prior to the issuance of the first
occupancy permit for the land use 'utilizing National Lutheran Boulevard
for access to Northwestern Pike,
'f. The Applicant shall design and construct, or cause for the construction of
improvements to National. Lutheran Boulevard within the Property to
File #4928S /Silver Lake U_:,G:Rezoning
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Gicenway,Lngineering *Ker 25, 20081 Revised January 6, 2009 ;:Revised.January'27, 20109;
Revised March 13,.20 ' Revised March 30 4. 2Q09 Revised'March:2, 2009;;
Revised February 16, _009; Revised February
2009 Revised November 4, 2013'
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provide fora 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 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,cattse: for the construction, of separate right and left turn lanes
on National Lutheran Boulevard at.the intersection of Northwestern Pike.
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 bf'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 National Lutheran Boulevard for access to
Northwestern 'Pike. Furthermore, thel Applicant •agrees to design and it
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 Applicant shall design and construct, or cause for the construction of
modifications to, or the elimination 'of the median crossing on
Northweste,rn.: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
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
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
or teqpivalent trip . generations as described in Section. 1)(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 37
corridor between the Northwestern- Pike interchange and the North
Frederick Pike interchange is desired, the Applicant° agrees to provide a
File #49285 /Silver Lake LLC Rezoning
ON
Gheenwa , bn ineering• Aber 125, 2008 .Revised 7anuary 6 2((W Revised.January 27 2009; 8 Q
Revised, February 16, -009; Revised I ebruary 19, 009, Revised March _, NO: 0
Revised March'13, 2009: Revised :Mareh 30, 2009' 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 improvement 'described in that section based upon anj
engineering estimate, agreed upon by VDOT, 'Frederick County and the-
Applicant; that will be ;prepared on or before the build out of the Phase 11
transportation improvements. The Applicant agrees to provide this
monetary contribution to Frederick. County witliin 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 entitled to develop the CCRC and a maximum of
350,000 square feet of commercial land use. and 105,000 square feet of
office land use within Phase 2 that`s 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.ispecified in the November.
2.5, 2008 Traffic linpact Analysis Report for• Phase l 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, 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 Trader Drive. The traffic
sign alization agreement shall be executed prior to the issuance 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
Pile #4928S /Silver Lake,LLC Rezoning
Greenway Engineering N.ber 25, 2008; Revised .lanuhry b, 2009;. Revised .lanuary 27, 2009; 9:
O
Revised February 16;2009; Revised February 14,1 2009; Revised`March 2, 2009; O
Revised March 19,;.,2009; Revised March 30, 2009: Revised November 4, 2013
accordance with VDOT standards for approval to install traffic',
signalization at,fihi& 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,
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 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 g
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 35.0,000 square feet of commercial land use and 105,000
square feet of office, land use or. equivalent trip generation as described in j
Section D(3)(a) of the proffer statement on the B2 portion of the Property,
with the exception of the median crossing and turn Pane improvements on
Northwestern Pike which shall be completed with the Trader. Drive
intersection :improvements on Northwestern Pike. Additionally, the
Applicant :shall dedicate right -of -way to ;Frederick County to ,allow for a
four -lane urban road section for 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 National Lutheran
Boulevard constructed in `Phase 1 to a connection.at the intersection, of r
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 82 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 -Pane urban
section.;if this improvement is warranted based 'on future traffic counts as
described in Section D(6).
f The Applicant shall design and construct, or cause for the constriction of
modifications to, or the elimination of the median crossings on
File #4928S/Silver Lake LLC Rezoning
I
Greenway Engineering Aber 25,,2008;`Revised,January 6, 2009; Revised January,2 009- 101 O
Revisedfebrb'a y 16, 2009; Revised',February 19, 2009; Revised March 2,2009: f
Revised. Mach 13, 2009; Revised March 30,e2009; _Revised November 4, 2013 O
I
N'orthwesiern 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 Trader :Drive as described in'Section D(3)(d) of the proffer'I
statement. I.
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 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 j
feet of commercial eland 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�132 portion of the Property.
h.. The ,Applicant shall design and. 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 of commercial land use
and' :05;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 i'nterchange's desired, the Applicant, agrees to provide a
monetary contribution in lieu of the improvements described in Section
E
3(g) and 3(h). This rimonetary 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 the2 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 #49285 /Silver Lake LLC Rezoning
M
Greenway I✓ngineering 01,�I er 25, "2008 Revi`;i d.Ianuary 6 jbb9; Revised-Ianuary'2T, 2009;
_. .
'Revised F? liruar ,1' , 2009 R "evise.d.'Februar I4, ,2009; ReVised;March 2;.2009;
Re viscd€ €March 13'; 200', 'R'evi'sed March 3OY2cici9 „Revised Novembera4,, 2013 -
--
to the con pletior of the Phase 2 Transportation' Program; `the Applicant,'
y .contribution e uivalent to the amount
agrees. to provide ;a monetar q
associated 'with” the improvement described ,i:n_ this ;section to be, utilized i
,unconditionally' by Frederick County for other- transportation.'
rove ments. 'This monetary contribution shall be provided to Frederick)
County within 60: days ,of written request`liy the County.. 1
4. The Applicant hereby proffers the following Phase 3" Transportation Program': {
a . The Appl'.icantshall be enttled.,to develop the CCRC and a maxmum of`
490;000° square `feet of commercial. land use and 350;OOQ square feet of
office, tand! 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 i
�
trantransportation program (based on. the ITE 7 th ., Edition Trip Generation
:Report) .do no,"t exceed the total trip: generation specified in the November
25,. 2008 `Traffic Impact Analysis Report for Phase 3. It is recognized that's
ahe Applicant, shall complete all` Phase 3 transportation improvements
prior" 0 the approval' of any Site Plan that exceedss 490,000 square feet of j
comrnerci:al land use and :35Q;000 square ::feet of office land use or
equivalent trip ;gener"ation 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 atternpt to, 'design; all off -site improvements
within public right- of=way; however, if ';necessary it is recognized that j
VDOT and /or Frederick County will assist the. Applicant with right -of- 1
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 V °DOT and /or Frederick
County is re.qu'ired..
c. The Applicant shall design and construct, or "cause. for the construction of �.
improvements o "National. Lutheran Boulevard I 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 'u °se.. and. 3'50,000 square feet of office- land use or equi=valent trip
generation gas described in Section D(4)(a) of the proffer statement on the t
B"2 porti'on'. of "the Property.
d'. The Applicant shall design ;and construct; or cause for, the ,construction of`
a ,two lane urban road that i& constructed to a. 40 mph geometric design
standard and provides for roundabout design at the 'intersection with 1
National >Lutheran.Bouleyard, and left turn'.lanes and right turn lanes at all'
File• #4928S &1verLake LLC Rezoning
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.Greenway,Engineering N !ber 25, 2008; Revised°.lanuary b; 2009 ,Revised.January '27,.2009,; 12
Revised February I& 2009: Revised February 19, 2009:,Revised March 2,',2009;
Revised March 13, 2009: Revised March 30, 20, 9: Revised Novefnb& 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
5 2- ((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 thi's 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 49000
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.
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
The Applicant shall be entitled to develop the CCRC and a maximum of
5$3,050. 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: 7`h Edition Trip Generation
Report) do. not exceed the total trip generation specified in the November
25,;;2008 Traffic Inmpact 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 phase 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 attemprto design :all off -site improvements
within public right -of -way; however, if necessary it is. recognized that
VOOT 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
Idle 449285 /Silver = -Lake LLC Rcioning
ICY
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Greenway.Engineering NOmb,er 25, 2008 Revised January 6, 2009;, Revised Januag 27, 2009, 13 O
Revised' February 16, 2009;'Revised February'l9,,2009 Revised'March 2, 2009; O
Revised March 13, 2009; Revised March:30, 2009; Revised November 4. 2013 (V
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right -of -way acquisition if assistance from VDOT and /or Frederick
CountyJs required.
c. The Applicant shall design and construct, or cause 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 I
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.
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 National Lutheran
Boulev.ard and Trader Drive intersections The Applicant shall complete
these improvements prior to the approval of any Site Plan that exceeds
5`30,000 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.
6. The Applicant - hereby proffers to conduct annual traffic counts that will be
Provided to VDOT and. Frederick County to deterMine:*if the 8,000 ADT volume
is achieved to ,require the expansion of National Lutheran Boulevard and Trader
Drive to four -Lane urban road sections, as provided for in Sections D(2)(f),
1)(3)(0),, 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. VD.OT 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 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 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 Appficant shall commence construction of these
improvements within six months of final plan approval.
E. Fire and; Rescue Enhancements
The Applicant hereby proffers to provide, or cause for the`provsion of land to
Frederick, County, for the development of a new fire and rescue station and
File` #49285 /silver,Lake LLC,Rezoning
Greenway.Lngineering November 25, 2008; Revised January 6, 2009; Revised January 27 2009; 14
Revised February, 16, 2009; Revised February 1'9, 2009; Revised Wrch:2. 2009:
Revised'Ilarch 13, 2009; Revised;
Greenway Engineering November 25 2008: Revised January 6, 2009; Revised January, 27, 2009; 15
Revised, February E6, 2009,; ReyisedFebruary I.9,..2009:,Reyised,March 2, 2009;
Revised March 13, 2009; Revised Maich 30, 20,09: Revised Noveinbcr 4 ',2013 0
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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.
Respectfully Submitted:
• I
By: Date: 1( [j
Commonwealth of Virginia,
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City, ounty f der c To Wit:
The foregoing iristrument was acknowledged before me this+ day of No\je -m Oe r
2013 by CUM es nS� m ! f'tayN0,1er
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Notary Public { .
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ENGINEERING
161"Windy HW,I.—
SILVER LAKE DEVELOPMENT
Wi—h-t-. Vbji.L� 22602
GAINESBORO MAGISTERIAL
DISTRICT
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Telephow 540-082 -4185
FAX 50-722 -9528
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-FREDERICK COUNTY, VA
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PLf1NNI1vG CQMIVIISSI(�N: December •4, X0;13' i Recommended<Approyal
BOARD OF "S,UPE_RVISORS:, December 1'1; 201`3 , ,APPROVED � DENIED
AN' ORDINANCE AMENDI °.';
THE ZONING: DISTRICT NNIAP - _ ..
R ZO]e1FIVG #06 43 PROFFER:RE', ISION OF SILVER, L' AKE LLC
WHEREAS.. Rezoning , #0b 13 Proffer Revision of .Silver ;Lake, .LLC, "submitted" -by Greenway
Engineering, Ine , to revise the proffers associated whth Rezoning Ct1 ,09 relating fu the'relo -ation ofthe
site provided f6r4he de velo,pmento'f a nevAi fire and,rescue ;faciliiy Lar d,support facilities; wasrcon5rdered
The proffer revision pro "ffer -s.origirially dated:November 2- 5;'20138, with final, revisioli dated.November.4,.
20 =13 "is replacing the previous fr "e. and rescue s te"which was' 1'ocated along Northwesters "Pike, and Silver .
Lake Road with the: new location. which: will front-;or?: Corporate Place Drive near the. in, .6f
National. Lutheran:•Bciulevard. 'T.he properties arelocated "on the =north sidelofNorfhwestem,Pike ([CIS Route
_ 5' West); west: of Retail Boulevard, anJd, east 'of P -oor "House 'P,cad (Route 654;j, and ":is identified by
P' i . . SA boru,Magisteriai r±pety tor"Numbers A G dna
". WREREAS, the Pl:anning;Com, missio - held a,public,ineeting: ^,i�tliis rezon ing on- December 4.2013.'.
,and forwarded a. re 'commendation. of approval; :and
WHEREAS, the,Board of Superv:isorsheld apublicmeeting on tms:rezoning on December 11; 2013;
_ and _ 7.
WnHERE AS, +he - Frederick County Board. of:Supervisors finds the approval ofthis rezoning to ,be in 1:
-
ic'healh,�saet; wlfare ad in�ciomnce `wh he"(omprehensivethe best "interest of the.pu a r
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.• `Policy plan.
NOW, THEI2� '0_ - BE'IT '.ORDAh1ED: by the FrederiLk County Board' of Supervisors that.1 '
Chapter 1'65 of, he Frederick CO6nty Code.. zo ng is,arrlendPt� + ,,.rev►se the,proffers associated: witht,
Rezoning #01--Krelatingto the'relocatioq of tho: 't�- pi�vided for °the development of a t�ew fire and ! -
rescue =fact ityand support :facilities: The pro,fe ` rev is:ion, car ginally`;dated Novel fiber 25, 2008, .Vith
2;013, is replacing tl-te previous fire and rescue safe wh►ci� was located ,
- #final ,rev'►sion date d November 4;. 1-
along No "rthwestern Pike' and: Silver Lake Road;-wtth the nevv l��cat�on which will front:un Corporate:
Place Drive near the ` ntersecti'ott of National Lutheran Boulevard'.._ 4 I
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GENERALIZED DEVELOPMENT PLAN
GREENWAY ENGINEERII
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SILVER LAKE DEVELOPMENT
Founded in 1871
'Winchester, Virginia 22802
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Telephone 540 - 882 -4185
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Greenway Engineering N inber25, 2008, - Revised January 6, 2009; Revised:January 27 2009;
Revised February 16, 2009; Revised February 19;,2009-i Revised March, 2 „2009; O
Revised March F3, 2009; Revised, March 30, 2009„ Revised November 4, 2013
SILVER' LAKE, 'LL' C
PROFFER STATEMENT
REZONING: RZ #01-09
Rural Areas District (RA) to 'Business General. District (132) and
MS Medical Support District:. (MS)
PROPERTY: D8.96±, acres;
Tax Parcels #52- ((A)) -C, 52- ((A)) =50A, 51-((A)) -52, and 52- ((A))-
63 (here-in, after the "Property ")
RECORD OWNER Silver Lake,:LLC; James R. Wilkins,111;,Manager
APPLICANT: Silver Lake, LLC (here -in' after the "Applicant ' )
PROJECTNAME: '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`Fredeick Count y, Vir g nia, shall a PP rove conditional zonin g amendments
to Rezoning Application #01 =09, which rezoned 370:02± 7acres from the Rural Areas
(RA) ,District to establish 238.96 ±_ acres of 'B 2', Business General District (Tax Map
Parcels. 512-((A-))-C, 52- ((A)) -50A, .52- ((A)) -52, 52- 0)) =63) and 13.1,.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
revised by the Applicant and ,such be, approved by the. Frederick County Board of
Supervisors in I accordance with the said Code and Zoning Ordinance. The conditional
zoning amendments wifhn 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 asp part of Rezoning Application #01 -09` on
Apri1.22, 2009, 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 withdrawn and have no effect whatsoever. These proffers shall be binding upon
this Applicant and their legal successors, heirs, or assigns.
File #.4928SISilver Lake LLC Rezoning
Greenwa En irieeripg Revised February`16o2009e Revised
February 19, 009sed January.27,.2009 - 2
Y S
Revised March 2, 2009;
Revised March 13; 2009; Revised March 30,;2009; Revised`Noyember4, 2013
PROFFER STATEMENT
A. Generalized Development Plan
1. The Applicant hereby proffers to submit a Generalized. Development Plan (the
",GDP") for the-Property. The purpose of the 'GDP is to identify the .general
location of the B -2, Business General District and MS, Medical Support District
areas, the general `location of'the proposed future Fire and Rescue - Station area, the
general location of the proposed future passive open space area, the general
location of the 50 -foot green strip enhancement area, the general location of the
10 -foot asphalt trail system,,.and the general location of .the phased transportation
improvementsareas 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 may be adjusted by the
Applicant to accommodate final design, and engineering..constraints without the
-
need of. new conditional rezoning approval by the .Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas described in Section Al of this proffer statement.
B. MS, Medical Support District ,Area
p, or cause -for the development of a 'proffers to develop 1. The Applicant hereby " 'p
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 165- 50402(B)(7) of the Frederick County Zoning Ordinance.
- The Applicant hereby proffers to limit the maximum residential density within the
CCRC to eight units per acre. The maximum residential density total shall
include all independent living units, assisted care living units„ :and skilled nursing
care :units. The location' and: totals 'for the:residential units .specified in. this section
shall be provided'on the Master Development Plan for the Property:
3. Where buffer lareas are required and mature woodlands are .in place, the Applicant
will, request approval of the use of these 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 via National
Lutheran. Boulevard as described, 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
&eenway"Engineering Nk,. rnber,25, 2008; Revised January,6; 2009;;Revisedjanuary 21;2009'.i 3'
Revised; February 16, 2009; Revised February 19, -2009; Revised March'!, 2009:
Revised March 13,,2009; Revised, March., 30, 2009;; Revised November 4, 2013
C. `B2, Business General Dis "trict Area
1. The Applicant hereby proffers to prohibit the following land uses currently
allowed,w_ithin ,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 ptohibit individual full service commercial
entrances to all .allowed BI 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 Distract 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 =4nch 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 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 50 400t 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 ainiits of the B2
District property. All sheet 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 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
1046pt. asphalt, trail. systein 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 #4928S /Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised-January27,.20.09; 4
Revised rebTuary 16',-2009; Revised''February 19, 2009 ;sRevised, March' 2,; 2009:
Revised March 13, 2009;, Revised March 30;.2009; Revised November 4,,2013
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 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 ten4eet wide.
This location of this. facility is identified on the proffered GDP and will be located
outside of publicright -of =way limits. This facility will'be' developed as follows:
➢ The 1`0 -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 10400f 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 400t 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 10 -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
Trader Drive.
➢ The 10 -foot 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 - restrietive 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, 6rL prior to the approval of any site development plan within the _B2
District. The restrictive covenant documents shall include,, but not be limited to,
the following design elements:
File #4928S /Silver Lake.LLC Rezoning
Greenway'Engineei9ng iNo �emher 25, 2008; Revised January 6, 2009; Revised,January 27,:2009;
Revised February 16,2009; Revised.February °1.9 2009 Revised March 2,•2009;
-Revised March 13; 2009;.Revised March 30, 2009; Revised November 4; .
➢ °Building- raterials for`all exterior walls, and`rooflines.
➢ 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 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
The Applicant has submitted a Traffic Impact Analysis (TIA), prepared. by Patton,
Harris, :Rust, and Associates, dated November '25, '2008 for the 370.02 +_ acre
Property. The TIA.:ident fies 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 improvements proffered herein will be constructed as
described in. this section; however, the exact location and limits of these
improvements wi l 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 illustrative form
on the proffered GDP are general, in nature and may be: relocated to accommodate
VDOT erigineering' design plan approval without the need ,for conditional zoning
amendment to the GDP or, the proffer statement. _
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
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 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 1. 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,.,
File #49285 8ilver. Lake LLC Rezoning
w, 0)
Greenway. Engineering November 25, 2008; Revised January 6, 2009; Revised January 27,2069;
Revised _February 16, 2009; Revised February,l9 .2009; R6isedNarch 2, •2009;
Revised:IVlarch. 1'3, 2009; Revised March 30, 2009; Revised November 4, 2013
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. ,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, of. cause for the execution of a traffic
signalization agreement with VDOT to'l fully fund new traffic signalization
at the intersection of Northwesterii'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.$. Route 50). and the relocated National Lutheran
Boulevard. The Applicant shall provide additional funding necessary to
provide forL 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
and for the new fire and rescue facility, the additional funding for traffic
signal preemption 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 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 initiating a signal warrant
study and signal, design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. 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 National Lutheran Boulevard,
for access to. Northwestern Pike.
f. The'Applicant shall design and construct, or cause for the construction of
improvements to National Lutheran Boulevard within the Property to
File #49285 /Silver Lake LLC`R'ezohing
Greepway=Engineering Norzmber:25, 2008; Revised January.6, 2009;.Revised January 27, 2009; 7
RevisedEebruary 16 2009 Revised February 19, 2009;.Revised;March 2-,,.2009;
'Revised March 13, 2009.; Revised.March'30, 2009; Revised November 4, 2013
provide fora road section that is constructed to a 40mph geometric design
standard and provides right-of-way for a future roundabout at the
in_'terseetion with 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
con_ struct, or cause for the construction ofseparate right arid" left turn lanes
on National Lutheran .Boulevard at the intersection of Northwestern Pike.
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 toFrederick 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 National Lutheran :Boulevard for access to
Northwestern. 'Pike. Furthermore, the Applicant agrees to design and
construct;_ or cause for 'the construction of the, fourlane 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 dlimination '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 ahis improvement: The.Applicant shall complete these, 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
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. irrlprovements described in this section priorto the approval .
of any Site Plan that exceeds 180,000 square feet of commercial land use
or equivalent trip generations as described' in,. Section 1)(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 37
corridor between the ,Northwestern Pike interchange and the North
Frederick Pike interchange is ,desired,, the Applicant agrees to provide a
File #4928S /Silver'Lake LLC Rezoning
Greenway Engineering November 25, 2008;.Revised'January 6, 2.009; Revised January'27, 2009;! 8
Revised-February 16,;20 09;`Revisea February 19, 2009; Revised March,2. 2009;
Revised March 13, 2009; Revised 'March 30, 3009 Revised November 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 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 entitled to develop the CCRC and ,a maximum of
350;000 square feet of commercial land use and 105;000 square feet of
office Wand 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 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, 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 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 Trader Drive. The traffic
signal'ization agreement shall be executed prior to the issuance of the first
g p
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
GreenwayEngineering November 25, 2008 ;'Revised January 6, 2009; Revised January°27; 2009; 9
Revised February 16;.2009; Revised February 19, 2009; Revised 141arch.2 :M09;
Revised March 13. 2009; Revised;March;30, 2009 ?'R6ised November 4; 2013
accordance with VDOT standards for, to install traffic
signalization, at this ,intersection.
d.., -The Applicant ishall 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
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 and' right turn :Panes at all commercial
entrances as required'by VD.OT. 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 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 1.05,000
'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 media- an crossing and; turn lane improvements on
Northwestern Pike which shall be completed with the Trader Drive
intersection .improvements on Northwestern Pike. Additionally, the
Applicant shall dedicate right -of -way to,.Frede "rick County to allow for a
.four -lane urban road section for 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 Secti6n,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
V'DOT,, which. cori'tinues -from the- terminus of, National Lutheran
Boulevard constructed. in Phase 1 to a connection. at the intersection of
Retail Boulevard, Thee 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 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(6).
f. Applicant shall desg
ali� t, e construction of
modifications, or the emnat onof the median crossings
on
File:, #4928S /S.ilver Lake LLC Rezoning
Greenway Engineering . November 25, 2008: Revised January 6; 2009; Revised January 27, 2009; TO
Revised February 16,-2009; Revised February,19, 2009; Revised March 2, 2009;
Revised Marcli 13, 2009 -,'Revised: March 30,G2ok Revise&TNovembei'4,'2013
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 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 for a second right turn. The Applicant,
shall complete the Route 37 interchange improvements described in this
secti`on,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)(4) of the proffer
statement on the 132 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 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 desire, 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 he 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 /Silver,Lake.LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January- 27,:2009; Yl
Revised February 16, 2009; Revised. February 19, 2009 ..Revised March 2;,2009;
Revised:- March• 13; 2009 ;,Revised March 30 „2009; Rev`ised.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. his monetary contribution shall be provided to Frederick
County within 60 days of written request bylhe, 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,OOQ 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 7`h Edition Trip Generation
Report) do not exceed the ;total 'trip. generation specified in the November
25, 2008 Traffic Impact Analysis Report for.P.hase 3. it is recognized that
the ArmlicanIt 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 IN 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
right -of -way acquisition if assistance from VDOT and /or Frederick
County, is' required.
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 490000 `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 ofthe•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 #4928S /Silver Lake LLC Rezoning
I
Greenway Fngineering November 25, 2008; Revised January 6,.2009; Revised,January 27, 2009; 12
Revised February 16,2009; Revised, Pebruary -l9, 2009Revised March 2, 2009;
Revised`March 13,.2Q09; Revised March 30,4009; Revi "sed 'November4, 2013
commercial entrances as :required by VD'OT. 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
5,2- ((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, general location. of the two -lane road connection
associated with both options will be. provided on the proffered GDP;
however-; it is secognized 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 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. thatts 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, 7`h Edition. Trip Generation
Report) do .not exceed the total trip generation specified in the November
25.1 200,8 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 office1and 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 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=w.ay 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
VD.OT 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
• t� � 1
Greenway,E'nginee ipg Noyember'25; 2008; Rev sed'Jau6; 18 ary 0 J °2
:Revised February 1 6, 2009; Revised.February 19, 2009 ,Revised March 2, 2009;
Revised March 13; 2009 ;.Revised March 30;;2009 Revised,November 4„2013
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 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
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
impr.`ovements to provide for a. third westliound, 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- night -of =way dedication (if ~.necessary) of the
existing, right "turn, lanes on Northwestern Pike at the National Lutheran
Boulevard and ` Trader - Drive �intersectio_ns. 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
D(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 detefin' ine, if :the 8,000 ADT volume
is achieved to require. the expansion of National Lutheran Boulevard and''Trader
Drive to four -lane urban road sections, as provided for in Sections 1)(2)(f), D(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. VDOY 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 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 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 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 #49288 /silver LakeLLC`Rezoning
) a
Greenway Engineering November 25; 2008; Revised January 6;.2009, Revised January 27; 2009'; 14
Revised.February 1'6; 2009; Revised February�19 ;.2009 ;'Revised;March21112009'
Revised'Marcfi 13, 2009 Revised March 30, 2009; Revised November 4, 2013
supportfacilities on or before April 21, *42014. 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 and ,rescue station facility: The, Applicant shall prepare
and provide Frederick County with the dedication plat for this site and necessary
right =of =way along Corporate Place on or before April 21, 2014 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 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 in the amount 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, rescuel services associated with the development of the CCRC' on the MS
4 District portion of the Property. The $:1,000,000.00 monetary contribution shall
be, provided to .Frederick County on or before April 21 20i4 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 $4,000,000.00 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.
3.: 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'-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
fort he.new,fire and rescue: station on. theProperty.
File44928S /Silver Take LLCM Rezoning
Gieenway Engineeriijg November. 25.2.008;, Revised Janua ry 6, 2009;; Revised January 2Z; 2009; 15
RevisedTebFuary -16 2009 Revised,February'l9; 2009; Revised;March'2, 2009;
Revised March T3 +, 2009; Revised March 30, 2009: Revised `November,4, 2013
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 'shalT apply to the land rezoned,'in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
�.
By: Date:
ell
Commonwealth of:Virgna,,
City ounty f t-re �C':u "i.G« To Wit:
The foregoing, instrument was acknowledged before me this+ lday of NOVe M be: r
201 by ^ i Clvv� e l l� i >n SL b0 ✓�c���
My Commission Expires LO I
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File ; #4928S /Silver Lake LLC Rezoning
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GENERALIZED DEVELOPMENT PLAN
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Telephone 540 - 882 -4185
GAINESBORO MAGISTERIAL DISTRICT
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RESOLUTION
i Action:
PLANNING COMMISSION: December °4; 20,13 _ Re commendednApproval,
BOARD OF SUPERVISOR "S December. It, 2013 91 APPROVED DENIED
AN ORDINANCE AMENDING,
THE'. ZONING' DISTRICT` VAP
REZONING 06 -13 PROF,FPR REVISION OP SILVER LAKE, LLC
f
WHEREAS, Rezoning 906-11. Proffer: Revision o f Silyee ake, .LLC, submitted by Greenway
Engineering, Inc,; to;revise the proffers associated with,Rezorng #01` -09 relating to the relocation of the
site: provided for the developrient_of a new fire acid rescue facility and: support facilities, was considered.
The proffer revisYOn, proffers originally dated November.25, 2008, with'final revision dated November 4,
2013, is replacing the`previoias' fire and rescue site which was 1`ocated along Northwestern
Tike and Silver
Lake, Road with the new location which will front or CorPPra�e Place Drive .near the intersectior of
•
ct
National T; uth.,ran Baulevard'.:'Thepropetties are Iocated.:o- the north side of Northwestern Pike (US Route
50. Wes'0; 7west of. Rztail Boulevard; and east of Poor HoUce,` Road (Route) 654), ,,and is identified by
Pri perty I'dentifitatibr, Numbers 52 -A C, S? "A 50,y, 52_ �2 anc 52' -A -63 irrthe Gainesboro IVlagisterial'
District: .. .. ,- ,
WHERiEAS; the Plarining,Cpn mission held a public meeting- cn,this rezoning on December 4; 201.3
and forwarded a recommendation of approval, -arid
WHEREAS, the.Board of Supervisors held a public meeting on this rezoning,ofi December 11; 2013,
and
W AERE AS, +he Frederick County Board of Supervisors: find0he approval:of this rezoning ,to,be.in
the' b6 .interest of the public health; safety; welfare; and in, conformance with the Comprehensive
Policy an; _ .
NOW, THER>EFORE, BE,I'I' ORDAINED' by the Frederick County Bnard of Supervisors that.
> :r �. I
Chapter, 165'6 the Lred`erick Cbiinty -Co(le Toning; i5 amendP(i io revise the proffers associated with
Rezoning #0109 relating to the relocatioci of the sitF pznvlded > >fc� the development of a nevti i re and
° .� . s
rescue facihtyand support facilities: Tlie pr�ffetyevis!un originally dated Nove�r bet 25 2'0,08; vi th
final =revision datedi'November 4,1013
is".-4— raciri the previous lice anda e'scue. Mie`which was located
along Northwestern Pike and Silver. Lake Road with the new.locatcon:which'will'froiit on Corporate
Place Drive near the intersection of National Luth6fan ul evard.
PDRes. #38 -13
„
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This ordinance shall be in effect on the date of adoption.
Masse d- th`s'1 lth day f m 'by
y,the following recorded vote:
{
•
Richard C. ShiWe, Chairman Aye,, Gary A. Lofton
Aye
Robert A. Hess 'Robert' W. Wells.
Gene' E: Fisher Ave Cl ;a_rles S. Ddidven, Jr.
I.
Christopher'E. Collins• Aye
A. COPY ,ATTE
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`PDRes. #38-x3
Aye
Aye
Aye
Joh Jr,.
Fre ick. "County Administrator
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SILVER LAKE, LLC
ADJOINING PROPERTIES MAP SILVER LAKE, LLC GREENWAY ENGINEEI
151 Wady H II Lane Winchester, Virginia 2260
GAINESBORO MAGISTERIAL DISTRICT Fowled Telephone 540 -662.4185 Fax540- 722 -9528
FREDERICK COUNTY, VIRGINIA 1971 wwwgreenwayeng.com
)ATE: 10 -24 -2013 PROJECT ID: 4928S DESIGNED BY: DWE ADJOINING PROPERTIES MAP • Engineers • Surveyors • Planners • EnvironmentalScie
SCALE: 1 Inch = 700 Feet Water & Wastewater Environmental Laboratory
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SILVER LAKE, LLC
CONDITIONAL ZONING AMENDMENT SILVER LAKE, LLC 0 GREENWAY ENGINES
LOCATION MAP 151 Windy Hill Lane Winchester. Virginia 22
GAINESBORO MAGISTERIAL DISTRICT CONDITIONAL ZONING AMENDMENT FouWW Telephone 540-662-4185 Fax540- 722 -952;
FREDERICK COUNTY, VIRGINIA "' v" wgreenwayeng.com
JE: 10 -24 -2013 PROJECT ID: 4928S DESIGNED BY: DWE LOCATION MAP • Engineers • Surveyors • Planners • Environmental S
;ALE: 1 Inch = 1,000 Feet Water & Wastewater Environmental Laboratory