53A90_WillowRunAMENDMENT
Action:
PLANNING COMMISSION: December 17, 2008 Recommended Approval
BOARD OF SUPERVISORS: January 14, 2009 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT M AP
REZONING #11 -08 PROFFER REVISION OF WILLOW RUN
WHEREAS, Rezoning 411 -08 Proffer Revision of Willow Run, submitted by Greenway Engineering,
to revise the proffers associated with Rezoning #21 -06, which resulted in the rezoning of 359.97 acres to
R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390
residential units. The proffer revisions propose modifications to the transportation program previously
approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621),
north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee
Magisterial District, and are identified by Property Identification Numbers 53 -A -90, 53 -A -91, 5'
53- A -92B, 53 -A -94, 53 -3 -A and 63 -A -2A.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 17,2008;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 14,2009; and
WHEREAS, the applicant provided a proffer clarification applicable to Section E.5 regarding the
Master Development Plan "which was approved on February 28, 2007 "; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning
Rezoning 421 -06. The proffer revisions propose modifications to the transportation program, as
described by the application and attached conditions voluntarily proffered in writing by the applicant
and the property owner.
PDRes. #45 -08
This ordinance shall be in effect on the date of adoption.
Passed this 14th day of January, 2009 by the following recorded vote:
Richard C. Shickle, Chairman P Gary A. Lofton
Gary Dove -Ave Bill M. Ewing
Gene E. Fisher Aye Charles S. DeHaven, Jr.
Aye
Philip A. Lemieux
A COPY ATTEST
AXe-
Aye
Aye— - --
John 1,: Jr.
Frederick County Administrator
PDRes.445 -08
Greenway Engineering September 1, 2005; Revised November 4, 2005
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
WILLOW RUN
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
PROFFER STATEMENT
REZONING: RZ #11 -08
Residential Planned Community (R4) District with Approved
Proffers dated February 12, 2007 to Residential Planned
Community (R4) District with Revised Proffers (359.97± acres)
PROPERTY: 359.97± -acres (here -in after the "PROPERTY ")
Tax Map Parcels 53- ((A)) -90; 53- ((A)) -91; 53- ((A)) -92; 53- ((A))-
92A; 53- ((A)) -92B; 53- ((A)) -94; 53- ((3)) -A & 63- ((A)) -2A
RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at
Willow Run L.L.C.; Greystone Properties, LLC
APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at
Willow Run L.L.C.; Greystone Properties, LLC
PROJECT NAME: WILLOW RUN
ORIGINAL DATE September 1, 2005
OF PROFFERS:
REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006;
June 27, 2006; September 26, 2006; October 24, 2006;
November 18, 2006; December 11, 2006; January 4, 2007;
February 12, 2007; October 14, 2008; November 17, 2008;
January 14, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the
"Code ") and the provisions of the Frederick County Zoning Ordinance (the
"Ordinance ") with respect to conditional zoning, the undersigned Applicants (as
hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application #11 -08 for the rezoning of
359.97± acres from the Residential Planned Community (R4) District with Approved
Proffers dated February 12, 2007 to the Residential Planned Community (R4) District
with Revised Proffers, development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the Applicants (as hereinafter
File #3800W G/2008 Conditional Zoning AmendmenUEA W
Greenway Engineering September I, 2005; Revised November 4, 2005 2
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
defined) and such be approved by the Frederick County Board of Supervisors in
accordance with the said Code and Ordinance. In the event that such rezoning is not
granted, then these proffers shall be deemed withdrawn and shall have no binding effect
whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the
Applicants (as hereinafter defined) and their successors and assigns.
The subject property, identified as Willow Run, and more particularly described as the
lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow
Run, L.L.C., and Greystone Properties, LLC, (the "Applicants ") being all of Tax Map
Parcels 53- ((A)) -90, 53- ((A)) -91, 53- ((A)) -92, 53- ((A)) -92A, 53- ((A)) -92B, 53- ((A)) -94,
53- ((3)) -A and 63- ((A)) -2A; and further as shown on the Final Plat for Boundary Line
Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow
Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004,
together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties,
L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by
Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an
attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247,
together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc.,
recorded as Instrument # 040017302 (collectively, the "Property ").
PROFFER STATEMENT
A.) Residential Land Use
L The Applicants hereby proffer to limit the total number of residential
units to 1,390 dwelling units, exclusive of the existing residential units
on the subject properties.
2. The Applicants hereby proffer to limit the number of residential
building permits to a maximum of 200 building permits during each
calendar year until the buildout of Willow Run, exclusive of age -
restricted residential units and model homes. The Applicants shall be
permitted to carry forward up to a maximum of 100 residential
building permits that are not obtained during each calendar year to the
ensuing calendar year; however, in no case shall the number of
residential building permits, including age- restricted residential units,
exceed a total of 300 issued in any calendar year.
3. The Applicants hereby proffer to provide for a mixture of housing
types within Willow Run consistent with the minimum and maximum
percentages and permitted housing types identified in the Willow Run
Residential Unit Matrix as set forth below:
File #3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 3
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
Willow Run Residential Unit Matrix
Category
Minimum
Maximum
Housing Types Permitted
of Units
% of Units
Single- Family
20%
35%
RP District SFD; 35' SFD lot; 45' SFD
Detached
lot; 55' SFD lot
Single - Family
20%
40%
Duplex; Multiplex; Atrium House;
Attached
Weak -Link Townhouse; Townhouse
Multifamily
20%
30%
Condominium; Apartments; Residential
Above Commercial
Age- Restricted
5%
20%
Single - Family Small Lot; Duplex;
Multiplex
4. The Applicants hereby proffer to develop age- restricted dwelling units
within Willow Run, the total number of which shall fall within a 5%
minimum to 20% maximum range of the total number of residential
units. Except to the extent otherwise prohibited by the Virginia Fair
Housing Law, the Federal Fair Housing Law, and other applicable
federal, state, or local legal requirements, any dwelling unit within the
portions of the Property identified as age- restricted housing shall be
restricted to housing for older persons as defined in Va. Code Ann. §
36 -96.7, or a surviving spouse not so qualifying. No person under 19
years of age shall be permitted to be regularly domiciled or to reside
permanently therein. The restriction provided for herein shall also be
in the form of a restrictive covenant with respect to the residential
portion of the Property designated as age- restricted, and any Property
Owners Association (POA) or sub - associations created with respect
thereto shall have assigned responsibility for the enforcement and
administration of the said age- restricted covenant.
5. The Applicants hereby proffer to provide a double row of evergreen
trees between the southern most residential structure and Cedar Creek
File #3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 4
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
Grade to minimize viewshed impacts from the Homespun property.
The double row of evergreen trees shall be planted on 10 -foot centers
and shall be a minimum of four feet in height when planted. These
trees shall be planted in conjunction with the improvements specified
in Section D(10) of this Proffer Statement.
6. The Applicants hereby proffer to conduct a Phase I Archaeological
Assessment of the Penbrook Cove farmstead ( #34 -1236) area located
within proposed age- restricted portion of the Property. The Phase I
Archaeological Assessment will be conducted prior to approval of the
Subdivision Design Plan for the age- restricted community and will be
in conformance with Virginia Department of Historic Resource
standards. The Applicants will utilize this information for display
within the age - restricted community center building for the benefit of
the residents of the age- restricted community.
B.) Commercial Land Use
1. The Applicants hereby proffer to designate a commercial center area
and neighborhood commercial area along the Juba] Early Drive
corridor as delineated on the proffered Willow Run Master
Development Plan. The commercial center area and neighborhood
commercial area shall be a minimum of 32.4 acres, which constitutes
9% of the targeted 10% total commercial area specified by Ordinance.
The Applicants proffer to apply for a rezoning of the Merriman's Lane
(Route 621) right -of -way within 6 months of abandonment by VDOT.
This land area will be merged and absorbed into the commercial center
area following rezoning approval. The Applicants proffer of right -of-
way dedication for the new Route 37 /Jubal Early Drive interchange
shall not count towards the total commercial acreage; however, should
additional right -of -way for said interchange be needed in the future,
the Applicants shall not be required to provide additional commercial
acreage.
2. The Applicants hereby proffer to deed a 5 -acre site to Frederick
County within the commercial center area to allow for the
development of an aquatic center. The Applicants shall receive
recreational value credit for this acreage, which shall be the appraised
value at time of dedication; however, the aquatic center shall not count
towards the commercial floor space that is guaranteed in Sections B(5)
and B(6). The 5 -acre site shall be available to Frederick County for a
period of 5 years beginning in calendar year 2009 from the date of
File 93800WG /2008 Conditional Zoning Amendment/EAW
Greenway Fngineering September 1, 2005; Revised November 4, 2005 5
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
final non - appealable rezoning approval. Should Frederick County
accept the 5 -acre site in writing, this acreage shall be legally
subdivided and deeded to Frederick County by the Applicants in
conjunction with the bonding of the public street or the acceptance of
the public street serving this site. if the County does not request the 5-
acre site for the aquatic center within the time specified in this section,
the proffer to deed the 5 -acre site shall become null and void and the
Applicants shall provide the recreational amenities specified in Section
F(1) of this proffer statement.
3. The Applicants hereby proffer to utilize similar construction materials
and similar development themes for all commercial development
within Willow Run. The principal construction materials that are
visible from the adjacent community streets shall be limited to brick,
stone, artificial stone, simulated stucco, cementous siding, wood, glass,
standing seam metal, dimensional shingles, or false roof systems.
These construction materials shall be utilized on all building walls and
rooflines. Additionally, the Applicants proffer to restrict business
signs to monument style that are a maximum of 15 feet in height and
to building mounted signs. Furthermore, the Applicants proffer to
incorporate into the Willow Run Property Owners Association
( "POA ") Declaration or sub - association declaration provisions
creating an Architectural Review Board ( "ARB ") master organization,
which shall be responsible for the review and approval of all exterior
construction materials for commercial development.
4. The Applicants hereby proffer to design the commercial center to
ensure that no parking lots are located between the commercial
buildings fronting along Jubal Early Drive and Sandyridge Boulevard
(Main Street) and those street systems. This standard shall not prohibit
the provision of on street parking along the public streets within the
commercial center. Additionally, the Applicants proffer to provide
detailed lighting plans for each commercial site plan that provides for
the type of light fixture to be used and demonstrates foot -candle levels
throughout the limits of each commercial site to ensure compliance
with ordinance standards.
5. The Applicants hereby proffer to guarantee the completion of 10,000
square feet of commercial floor space prior to the issuance of the
building permit for the 600 dwelling unit, exclusive of building
permits for model homes.
File #3800WG/2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 6
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December H, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
6. The Applicants hereby proffer to guarantee the construction of an
additional 10,000 square feet of commercial floor space after the
issuance of the 600 building permit, but no later than the issuance of
the 1,000 building permit, exclusive of building permits for model
homes.
7. The Applicants hereby proffer to prohibit the following commercial
land uses within Willow Run:
➢ Gasoline Service Stations and Outdoor Gasoline Pumps
➢ Exterior Boarding Kennels
➢ Electric, Gas & Other Utility Transmission and Distribution Facilities
* Automotive Dealers & Automotive Repair
➢ Golf Driving Ranges & Miniature Golf Courses
➢ Electrical Supplies (Wholesale)
➢ Hardware, Plumbing & Heating Equipment (Wholesale)
➢ Commercial Outdoor Batting Cages
➢ Adult Retail
➢ All land uses within the B3, Industrial Transition District and MI, Light Industrial
District that are not otherwise permitted in the B2, Business General District.
➢ No individual tenant or owner shall be permitted to occupy a single floor area
greater than 50,000 square feet except for grocery stores, indoor motion picture
theaters, indoor amusement and recreational services and the aquatic center.
C.) Master Development Plan
1. The Master Development Plan is intended to delineate the general
location of all road systems including the new interchange at Route 37
using the existing bridge, Jubal Early Drive from the City of
Winchester to the new interchange at Route 37, the commercial and
residential main street, the location of residential and commercial
development areas, the location of residential land uses, the location of
the community center park area and neighborhood park areas, and the
general location of the extended Green Circle pedestrian and bicycle
facility within Willow Run. The Applicants have identified elements
of the Master Development Plan that are intended to be flexible that
can be revised without the requirement of a conditional zoning
amendment for the proffered Master Development Plan. These
standards are described within Modification #1 - Master Development
Plan Flexible Design Elements of the Community Design Modification
Document dated February 12, 2007 submitted as a proffered document
for this rezoning application.
File #3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 7
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
D.) Transportation Enhancements
1. The Applicants hereby proffer to fully fund and construct Jubal Early
Drive as a four -lane divided landscaped median section, including the
realignment of Meadow Branch Avenue from the current terminus in
the City of Winchester to Route 37 as described in proffers D(2) —
D(4). The Applicants hereby proffer to dedicate the right -of -way for
Jubal Early Drive between the City of Winchester and Merriman's
Lane to Frederick County prior to the issuance of the 200 building
permit. Bonding for this dedicated right -of -way shall be provided
during the constriction phases of Jubal Early Drive specified in
proffers D(2) — D(4).
2. The Applicants hereby proffer to fully fund and construct the four -lane
divided landscaped median section of Jubal Early Drive from the
current terminus in the City of Winchester to the second intersection
identified on the proffered Master Development Plan which shall be
desi reed and constructed to base pavement prior to issuance of the
300 residential building permit and bonded to ensure that the top coat
of asphalt is guaranteed.
3. The Applicants hereby proffer to fully fund and construct the four -lane
divided landscaped median section of Jubal Early Drive from the
terminus of the completed phase at the second intersection to the first
commercial center intersection identified on the proffered Master
Development Plan which shall be designed and constructed to base
pavement prior to issuance of 450 residential building permit and
bonded to ensure that the top coat of asphalt is guaranteed.
4. The Applicants hereby proffer to fully fund and construct the four -lane
divided landscape median section of Jubal Early Drive from terminus
of the completed phase at the first commercial center intersection to
the Route 37 northbound on and off ramps which shall be designed
and constructed to base pavement prior to issuance of 600 residential
building permit and bonded to ensure that the top coat of asphalt is
guaranteed.
5. The Applicants hereby proffer to fully fund and construct the new
Route 37 /Juba] Early Drive interchange northbound and southbound
on and off ramps utilizing roundabout design and using the existing
bridge structure. The Applicants shall commence construction of this
improvement in calendar year 2012 with completion no later than
calendar year 2015, or completion no later than the issuance of the
File N3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September I, 2005; Revised November 4, 2005 8
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
600 building permit, whichever occurs first. The Applicants shall
meet all applicable requirements of VDOT necessary to maintain the
construction permit for this improvement through its completion, and
shall provide VDOT with dedicated right -of -way dedication for the
northbound and southbound on and off ramps, including the two -lane
roundabout on the east side of Route 37, no later than December 1,
2008. Furthermore, the Applicants proffer to allow the developer
construction dollars to be utilized as matching funds unconditionally
by Frederick County for additional transportation system
improvements.
6. The Applicants hereby proffer to fully fund and construct the
realignment of approximately 1,000 feet of the two -lane section of
Merriman's Lane (Route 621) to the north of Jubal Early Drive to
create a "T" intersection, which shall be designed and constructed to
base pavement prior to issuance of the 600 residential building permit
and bonded to ensure that the top coat of asphalt is guaranteed.
7. The Applicants hereby proffer to fully fund and construct the
extension of Cidermill Lane from the current terminus in the City of
Winchester into the Property. The extension of Cidermill Lane shall
be barricaded until the Applicants have completed the construction of
Jubal Early Drive and the new Route 37 /Jubal Early Drive interchange
northbound and southbound on and off ramps. The barricade for
Cidermill Lane shall include a sign advising adjoining neighbors of the
planned continuation of this road.
8. The Applicants hereby proffer to execute a signalization agreement
with VDOT to fully fund traffic signalization with pedestrian
actualization at the intersection of Jubal Early Drive and Meadow
Branch Avenue. This traffic signal shall be installed when warranted
by VDOT.
9. The Applicants hereby proffer to execute a signalization agreement
with VDOT to fully fund traffic signalization with pedestrian
actualization at the intersection of Jubal Early Drive and the
Merriman's Lane north realignment. This traffic signal shall be
installed when warranted by VDOT.
10. The Applicants hereby proffer the construction of frontage
improvements along Cedar Creek Grade on the Property as
demonstrated on the proffered Willow Run Cedar Creek
GradeBirchmont Drive Improvements Exhibit dated February 12,
File k3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 9
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
2007. These improvements shall be installed prior to the issuance of
any residential occupancy permit that is solely dependent upon this
intersection for ingress and egress, exclusive of model homes, and in
any event shall be installed no later than the issuance of the 200
residential permit. Additionally, the Applicants proffer to dedicate the
20 -foot right -of -way area demonstrated on the proffered Willow Run
Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated
February 12, 2007 at such time as requested by VDOT.
11. The Applicants hereby proffer to design Birchmont Drive to provide
for traffic chokers and/or chicanes at three locations along the street
system. The locations of these traffic calming features shall be
provided on the Subdivision Design Plan within proximity of the
northern, central and southern portions of Birchmont Drive.
12. The Applicants hereby proffer to execute a signalization agreement
with VDOT to fully fund traffic signalization at the intersection of
Cedar Creek Grade and Birchmont Drive. This traffic signal shall be
installed when warranted by VDOT.
13. The Applicants hereby proffer to fully fund and construct a connection
between Cedar Creek Grade and Jubal Early Drive to base pavement
using Birchmont Drive or a combination of Birchmont Drive and
Station Hill Drive by the issuance of the 200 residential building
permit, exclusive of mode! homes.
14. The Applicants hereby proffer to provide a monetary contribution to
the City of Winchester totaling $100,000.00 to mitigate off -site
transportation impacts to street intersections that will experience traffic
flow degradation as a result of the development of Willow Run as
indicated in the Willow Run Traffic Impact Analysis. This monetary
contribution shall be provided to the City of Winchester in four annual
payments of $25,000.00 each, of which, the first payment shall occur
12 months from the date of final non - appealable rezoning approval
with the remaining payments being made in 12 -month increments
from the date of the first payment. Said monetary contribution may be
utilized as matching funds for transportation programs utilized by the
City of Winchester. Evidence of these monetary contribution
payments shall be provided to the Frederick County Planning
Department.
File N3800WG /2008 Conditional Zoning Amendmem/EAW
Greenway Engineering September I, 2005; Revised November 4, 2005 10
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
15. The Applicants hereby proffer to construct all subdivision streets to the
ultimate section as identified on the VDOT typical section sheet of the
proffered Master Development Plan.
16. Where private alley systems are utilized within Willow Run, the
Applicants hereby proffer to design and construct the private alley
systems as one -way travel within a minimum 14 -foot wide easement
having a minimum of 12 feet of pavement with mountable curb on
each side of the pavement along the entire alleyway, and as two -way
travel within a minimum 20 -foot easement having a minimum of 18
feet of pavement with mountable curb on each side of the pavement
along the entire alleyway. The vertical sectional dimension of
pavement thickness and compacted base thickness will meet public
street pavement standards utilized by the Virginia Department of
Transportation. All private alleys that intersect other private alleys at
90- degree angles or have turns at 90- degree angles shall provide for a
minimum turning radius of 30 feet. The maintenance of all private
alley systems shall be the responsibility of the POA or sub -
associations for Willow Run.
E.) Monetary Contributions
1. The Applicants hereby proffer a monetary contribution for each
dwelling unit that is non -age restricted in the amount of $9,078 to
mitigate impacts to capital facilities as identified in the Frederick
County Capital Facilities Fiscal Impact Model — Output Module
prepared by the Frederick County Planning Department on July 21,
2005. This monetary contribution provides for the total fiscal impacts
for non -age restricted dwelling units, as commercial fiscal credit is
only given for 10,000 square feet of the 20,000 square feet of
commercial land use that is guaranteed in Sections B(5) and B(6) of
this Proffer Statement. This monetary contribution shall be provided
to Frederick County at the time of building permit issuance for each
non -age restricted dwelling unit.
2. The Applicants hereby proffer a monetary contribution for each age -
restricted dwelling unit in the amount of $2,000.00 to mitigate impacts
to all County services, exclusive of Public Schools as identified in the
Frederick County Capital Facilities Fiscal impact Model — Output
Module prepared by the Frederick County Planning Department on
July 21, 2005. This monetary contribution shall be provided to
File,Y3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engin=ing September I, 2005; Revised November 4, 2005 11
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
Frederick County at the time of building permit issuance for each age -
restricted dwelling unit.
3. In addition to the monetary proffers provided for fire and rescue
service as part of the proffer set forth in Section E(1) above, the
Applicants hereby proffer to contribute a total of $50,000.00 to further
support the Round Hill and Shawnee Volunteer Fire and Rescue
Companies in Frederick County and the City of Winchester, which
will provide first response service to Willow Run. The $50,000.00
monetary contribution shall be provided through separate payments of
$25,000.00 to Frederick County and $25,000.00 to the City of
Winchester. These payments shall be provided to each locality at the
time of building permit issuance for the first residential dwelling unit
within Willow Run. Additionally, the Applicants will establish a
provision in the POA or sub- associations' documents, which will
provide a payment of $100.00 per occupied residential unit on an
annual basis to the City of Winchester for Fire and Rescue Services.
This payment to the City of Winchester for Fire and Rescue Services
shall continue until such at time that a new Route 37 interchange is
developed at Jubal Early Drive with southbound off -ramp access.
Evidence of the payments to the City of Winchester described in this
section shall be provided to the Frederick County Planning
Department.
4. The Applicants hereby proffer to provide $1000.00 for each non -age
restricted residential lot to Frederick County for the purpose of site
acquisition funding or school construction for the Public School
system. This payment shall be provided at the time of building permit
issuance for each non -age restricted residential dwelling unit within
Willow Run.
5. The monetary contributions identified in the Frederick County Capital
Facilities Fiscal Impact Model — Output Module prepared by the
Frederick County Planning Department on July 21, 2005 shall be
limited to that amount for all building permits issued for the initial 30
months following approval of the final non - appealable proffered
Master Development Plan, which was approved on February 28, 2007.
All monetary contributions paid after the 30 -month timetable shall be
adjusted every 24 months in accordance with the Urban Consumer
Price Index ( "CrI -U ") published by the United States Department of
Labor, subject to a cap of 4% per year, non - compounded.
File #3800WG/2008 Conditional Zoning Ameudment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 12
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
F.) Community Recreation
1. The Applicants hereby proffer to construct a community center
building that is an enclosed, year round heated facility with restrooms
and a catering kitchen facility that is a minimum of 4,000 square feet
in floor area, which shall count towards the active recreational amenity
requirement for Willow Run. The community center building shall be
bonded no later than the issuance of the 400"' building permit and shall
be constructed and available for use by residents of Willow Run prior
to the issuance of the 600"' building permit. The maintenance of the
community center building shall be the responsibility of the POA or
sub - associations for Willow Run. In the event that Frederick County
does not acquire the 5 -acre aquatic center site specified in Section B(2)
Of this proffer statement, the Applicants hereby proffer to provide for
an outdoor community pool facility with a combined water surface
area of 3,500 square feet, which shall be completed prior to the
issuance of the 600"' residential permit.
2. The Applicants hereby proffer to construct a community center
building for the exclusive use of the age- restricted portion of Willow
Run that is an enclosed, year round heated facility with restrooms and
a catering kitchen facility that is a minimum of 2,000 square feet in
floor area and shall count towards the active recreational amenity
requirement for Willow Run. The age- restricted community center
building shall be bonded in conjunction with the first Subdivision
Design Plan approved for the age- restricted community and shall be
constructed and available for use prior to the issuance of the building
permit for the 60 age- restricted dwelling unit. The maintenance of
the age- restricted community center building shall be the responsibility
of the POA or sub - associations for Willow Run.
3. The Applicants hereby proffer to design and construct a public
extension of the Green Circle pedestrian and bicycle facility located
along the south side of Jubal Early Drive that connects the developed
portion within the City of Winchester throughout the limits of the
commercial center area. This public pedestrian and bicycle facility
shall be 10 feet in width and have an asphalt surface, and shall count
towards the active recreational amenity requirement for Willow Run.
This facility shall be constructed concurrently with the adjoining
sections of Jubal Early Drive as specified in Sections D(2) — D(4) of
this Proffer Statement.
File #3800WG/2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 13
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006: Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
4. The Applicants hereby proffer to design and construct an internal
pedestrian trail system, which shall count towards the active
recreational amenity requirement for Willow Run. This internal
pedestrian trail system shall be six feet in width and have an asphalt
surface. The various segments of the internal trail system shall be
bonded, the open space dedicated and constructed in conjunction with
each residential section in which the trail system is located. The
internal pedestrian trail system shall be private and shall be owned and
maintained by the POA or sub - associations for Willow Run. A public
access easement shall be established along the portion of the internal
pedestrian trail system located around the 5 -acre man -made water
feature and along the segment continuing south along Sandyridge
Boulevard.
G.) Community Curbside Trash Collection
1. The Applicants hereby proffer to provide commercial trash pickup and
waste removal service to all residential land uses and the community
center facilities within Willow Run. The commercial trash pickup and
waste removal service shall be established by deed covenant and shall
be assigned to the POA or sub - associations at such time as identified
in the legal documents setting forth the guidelines for the Willow Run
POA. The commercial trash pickup and waste removal service shall
remain in effect and be the responsibility of the POA or sub -
association until such time as this service is provided by Frederick
County or other municipal providers.
H.) Creation of Property Owners Association (POA)
1. A POA or sub - associations shall be created by the Applicants in
conformity with the Virginia Property Owners' Association Act (Title
55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA
or sub - associations shall have title to and/or responsibility for:
a. All common areas including, but not limited to, buffer areas,
internal pedestrian trail systems and stormwater management
facilities not otherwise dedicated to public use or maintained
by commercial entities.
File #380OWG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 14
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December i i, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
b. Maintenance of private streets and alleyways.
C. Residential curbside trash collection.
d. Maintenance of community structures and facilities called for
under Sections F(1) through F(4) above.
2. The Applicants hereby proffer to incorporate into the Declaration
creating the Willow Run POA or sub - associations, provisions creating
an Architectural Review Board ( "ARB "). The purpose of the ARB
will be to review and approve all initial construction applications, and
exterior additions and alterations to the existing commercial structures
and dwelling units within Willow Run to ensure that all design
guidelines established by the Applicants are met, together with all such
other duties and responsibilities as may be imposed by the Declaration.
3. The Applicants hereby proffer to incorporate into the Declaration
creating the Willow Run POA or sub - associations, provisions
establishing an assessment to be collected at the time of the initial
transfer of title to any residential lot in Willow Run (whether to a
builder or otherwise) as well as at the time of any subsequent transfer
of title. Such sums shall be paid to the POA or sub - association, as
appropriate, for use in the maintenance and upkeep of the common
areas, as determined by the Board of Directors of the POA.
I.) Environmental
1. The Applicants hereby proffer to identify and delineate a
developmentally sensitive area ( "DSA ") boundary on the proffered
Master Development Plan. The DSA will identify the location of
wetland areas. Information regarding potential impacts within the
DSA and methods for mitigation will be incorporated as a component
of the Subdivision Design Plans or Site Development Plans for any
portion of the Property that adjoins wetland areas.
2. The Applicants hereby proffer to conduct a geotechnical analysis on
all residential lots that are platted within 100 feet of the major karst
feature located on tax map parcel 53- ((A)) -91 prior to the issuance of
building permits for such lots.
File N3800WG /2008 Conditional Zoning Amendment/EAW
Greenway Engineering September I, 2005; Revised November 4, 2005 15
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
3. The Applicants hereby proffer to provide a resource protection area
("R-PA") buffer of 50 feet adjacent to the DSA boundary adjoining
wetland areas. No portion of any residential lot will be platted within
the DSA. Additionally, commercial development shall not occur
within the DSA. The only disturbance that will be permitted within
the DSA or the RPA adjacent to wetland areas will be for road
crossing, utility crossing and pedestrian and bicycle facility crossing.
4. The Applicants hereby proffer to develop a landscaping plan as an
enhancement for the wetland areas located on the south side of Jubal
Early Drive and provide for the planting of all elements of the plan
during the first favorable planting season subsequent to wetlands
disturbance. The Applicants will establish language within the POA
or sub - association documents which provides for the maintenance of
the landscaping described above and allows the Shenandoah
University Environmental Studies Department access to this area for
the purpose of studying and monitoring this wetland enhancement
project as an outdoor land lab educational opportunity.
5. The Applicants hereby proffer that all commercial site plans and the
community center site plans submitted to Frederick County will be
designed to implement Best Management Practices (`BW ") to
promote stormwater quality measures. A statement will be provided
on each commercial site plan and on the community center site plans
identifying the party or parties responsible for maintaining these BMP
facilities as a condition of site plan approval.
File #3800WG/2008 Conditional Zoning Amendment/EAW
Greenway Engineering September I, 2005; Revised November 4, 2005 16
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
J.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
proffered conditions set forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in addition to other requirements set
forth in the Ordinance.
Respectfully Submitted:
• 1115 .
a?
Date
Commonwealth of Virginia,
City/C-OTM of W� To Wit:
The foregoing instrument was acknowledged before me this 3 day of F B2 0 4 rL y
2007 by SiEPNE"( A 0114 7
N " "'i co; "'•
John T. Conrad
f�o'� Jor•w +o ;
= ,o .,
NOTARY PUBLIC
Commonwealth of Virginia
Reg. # 7163184
V..
yo=
My Commission Expires.
'6 +>,T 4 0Y' "ew
September 30, 2012
My Commission
Expires
V
Notary Public
File #3800WG2008 Conditional Zoning Amendment/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 17
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
J.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
proffered conditions set forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in addition to other requirements set
forth in the Ordinance.
By:
740 LLG' . Date
Commonwealth of Virginia,
645vemmm -f Of U/nycaeST' E`2 To Wit:
The foregoing instrument was acknowledged before me this 6 day RMV 2 7
206q by C. ?Jo& f L y tlyN /TC JR
° 1..c o ° John T. Conrad
NOTARY PUBLIC �
Commonwealth of Virginia
° Reg. # 7163164
My Commission Expires Notary Public
September 30, 2012 y
My Corrunission Expires
File #3800WG/2008 Conditional Zoning Amendmem/EAW
Greenway Engineering September 1, 2005; Revised November 4, 2005 18
Revised November 30,2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
J.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
proffered conditions set forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in addition to other requirements set
forth in the Ordinance.
By
50 LLC Date
Commonwealth of Virginia,
City /E- rJr70f W1 ,4Gf1 -s T. ✓L To Nit:
The foregoing instrument was acknowledged before me this 3 day of oib ieV 4A y
2067 by
S i ,EPFfEN A U/if r TE
'N 1. c0" "',,
John T. Conrad
o,:aneF_:90 =:
NOTARY PUBLIC��
;
Commonwealth of Virginia
Of
Reg. # 7163184
i AC !0`' ;u,=
My Commission Expires
'•.TgRY PV9FP
September 30, 2012 Notary Public
My Commission Expires
File #3800WGi2008 Conditional Zoning Amendment7EAW
Grcenway Engineering September 1, 2005; Revised November 4, 2905 19
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
J.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
proffered conditions set forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in addition to other requirements set
forth in the Ordinance.
B 5
Miller and Smit at illcw Run L.L.C. Date
By: Miller and Smith, Inc., Manager
By: Charles F. Stuart, Jr., Senior Vice President
Commonwealth of Virginia,
City /County of f -lx To Wit:
The foregoing instrument was acknowledged before me this 017 �' day of 2001
20 O� by _
F -c tv , J,-.
otary Public
My Commission Expires R13WZO i D
V- - ?11(4 1
File #3800WG2008 Conditional Zoning AmendmenVEAW
y
.
Greenway Engineering September 1, 2005; Revised November 4, 2005 20
Revised November 30, 2005; Revised May 18, 2006
Revised June 27, 2006; Revised September 26, 2006
Revised October 24, 2006; Revised November 18, 2006
Revised December 11, 2006; Revised January 4, 2007
Revised February 12, 2007; Revised October 14, 2008
November 17, 2008; Revised January 14, 2009
J.) Signatures
The conditions proffered above shall be binding upon the assigns and successors in
the interest of the Applicants who constitute the owners of the Property. In the event
the Frederick County Board of Supervisors grants this rezoning and accepts the
proffered conditions set forth in this proffer statement, the foregoing proffered
conditions shall apply to the Property rezoned in addition to other requirements set
forth in the Ordinance.
r
B t.G� 7 a ao`1
Y
/ Greystone Properties LLC Date
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this ak day of J�
20 0 � by
Notao Public
My Commission Expires )Ll'bl. � '�o oc) /D
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #184054
File #3800WG /2008 Conditional Zoning .AmendmenYEAW