52AC_SilverLakeProfferRevisionC;
RESOLUTION
Action:
PLANNING COMMISSION: December 4, 2013 - Recommended Approval
BOARD OF SUPERVISORS: December 11, 2013 91 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #06-13 PROFFER REVISION OF SILVER LAKE, LLC
WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway
Engineering, Inc., to revise the proffers associated with Rezoning 401-09 relating to the relocation of the
site provided for the development of a new fire and rescue facility and support facilities, was considered.
The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4,
2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver
Lake Road with the new location which will front on Corporate Place Drive near the intersection of
National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (ITS Route
50 West); west of' Retail Boulevard, and east of Poor House Road (Route 654), and is identified by
Property ldenti'iication Numbers 52 -A -C, 52 -A -50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial
District.
WHEREAS, the Planning Commissior, held a public meeting On this rezoning on December 412013
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 2013,
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code. Zoning, is amended to revise the proffers associated with
Rezoning #01-09 relating to the relocation of the site provided for the development of a new fire and
rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with
final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located
along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate
Place Drive near the intersection of National Lutheran Boulevard.
PDRes. #38-13
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of December, 2013 by the following recorded vote -
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Ave Charles S. DeHaven, Jr. Aye
Christopher E. Collins Aye
/Rild�r, Jr.
ck County Administrator
Y iXGIN1A: FR1 DERWK COUNTY.SCIF.
This instrument of writing was produced to me on
12-19-24/3 at 1'5? 57 A- M
and with certificate acknowledgement thereto annexed
was admitted to record. Tar imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessablm
41e,ew Clerk
PDRes. #38-13
Greenway Engineering N., %-,mber 25, 2008; Revised January 6, 2009; Revised January 27, 2009;
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
SILVER LAKE, LLC
PROFFER STATEMENT
REZONING: RZ #01-09
Rural Areas District (RA) to Business General District (B2) and
MS Medical Support District (MS)
PROPERTY: 238.96± acres;
Tax Parcels #52 -((A)) -C, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-
63 (here -in after the "Property")
RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager
APPLICANT: Silver Lake, LLC (here -in after the "Applicant")
PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge —
A National Lutheran Home Community
ORIGINAL DATE
OF PROFFERS: November 25, 2008
REVISION DATE: November 4, 2013
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments
to Rezoning Application #01-09, which rezoned 370.02± -acres from the Rural Areas
(RA) District to establish 238.96± acres of B-2, Business General District (Tax Map
Parcels 52 -((A)) -C, 52 -((A)) -50A, 52-((A))-52, 52-((A))-63) and 131.06± -acres of MS,
Medical Support District (Tax Map Parcel 52-((A))-50); development of the subject
property shall be done in conformity with the terms and conditions set forth herein,
except to the extent that such terms and conditions may be subsequently amended or
revised by the Applicant and such be approved by the Frederick County Board of
Supervisors in accordance with the said Code and Zoning Ordinance. The conditional
zoning amendments within this document are intended to apply to the 238.96± acres of
B-2, Business General District, while the 131.06± -acres of MS, Medical Support District
will comply with the conditions approved as part of Rezoning Application #01-09 on
April 22, 2009, identified 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 #49285/Silver Lake LLC Rezoning
O
CD
is
Greenway Engineering Noy. mber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 2 `
Revised Februany 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
C�
PROFFER STATEMENTc-�
A. Generalized Development Plan
I. 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
improvements areas within and adjacent to the Property.
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated October 24,
2013. The GDP is recognized to be a conceptual plan and 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
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(B)(7) of the Frederick County Zoning Ordinance.
2. The Applicant hereby proffers to Iimit 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 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.
File #4928S/Silver Lake LLC Rezoning
Greenway Engineering Nu.cmber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 3
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 (-D
iv
C. B2, Business General District Area
1. The Applicant hereby proffers to prohibit the ;;llowi,�g land uses curi=eiitly
allowed within the B2 District:
➢ Truck Stops
Golf Driving Ranges
➢ Outdoor Batting Cages
➢ Model Home Sales
➢ Self -Service Storage Facilities
➢ Adult Retail Establishments
2. The Applicant hereby proffers to prohibit individual full service commercial
entrances to all allowed B2 District land uses that intersect Northwestern Pike
(U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or
right -out only access to B2 District land uses that intersect Northwestern Pike
shall be permitted if approved by VDOT and/or Frederick County.
3. The Applicant hereby proffers to establish a green strip along the Property
frontage adjacent to the Northwestern Pike corridor that is 50 feet in width.
Parking lots and access drives shall be prohibited within the 50 -foot green strip,
except for access drives permitted as described in Section C(2) above. The entire
Property frontage of the 50 -foot green strip shall be enhanced with street trees that
are a minimum of 2 -inch caliper at planting 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 -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
10 -foot asphalt trail system between National Lutheran Boulevard and
Northwestern Pike as specified in Section C(8) of the proffer statement.
6. The Applicant hereby proffers to provide for inter -parcel connectors between all
adjoining commercial and office land uses unless prohibited by topographic
conditions.
File #49285/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 4
Revised February 16, 2009; Revised February 19, 2009; Revised 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 treesCD CD
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 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 10 -foot asphalt trail located along the south side of the Phase 1
segment of National Lutheran Boulevard shall be developed during the
construction of this road segment as specified in Section D(2)(f) of the
proffer statement.
The 10 -foot 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 I Transportation 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 restrictive covenant
documents for the B2 District property. The restrictive covenant documents shall
be provided to Frederick County prior to the subdivision of land within the B2
District, or prior to the approval of any site development plan within the B2
District. The restrictive covenant documents shall include, but not be limited to,
the following design elements:
File #4928S/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 5
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; CD
March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
➢ BuiIding materials 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
1. 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 identifies 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 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 are general in nature and may be relocated to accommodate
VDOT engineering 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 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 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 #4928S/Silver Lake LLC Rezoning
CD
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 6 iD
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 CJ�!
b. The Applicant shall dedicate all right-of-way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off-site improvements
within public right-of-way; however, if necessary it is recognized that
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
Road (Route 654). The traffic signalization agreement shall be executed
within six months of final non -appealable rezoning approval, or prior to
approval of the first Site Plan for the property, whichever occurs first.
d. The Applicant shall design and construct, or cause for the execution of a
traffic signalization agreement with VDOT to fully fund new traffic
signalization with pedestrian actualization at the intersection of
Northwestern Pike (U.S. Route 50) and the relocated National Lutheran
Boulevard. The Applicant shall provide additional funding necessary to
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(1) of the proffer statement. In the event the County does not request the
land for the new fire and rescue facility, the additional funding for traffic
signal pre-emption control shall be made available for pre-emption control
for the traffic signal at the intersection of Northwestern Pike and Poor
House Road that is described in Section D(2)(c) of the proffer statement.
The traffic signalization agreement shall 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 #4928S/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 7
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
C
provide for a road section that is constructed to a 40 mph geometric design C
standard and provides right-of-way for a future roundabout at the �J ,
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 cause 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 of Phase 1 with dedicated right-of-way to Frederick County to allow
for a four -lane urban road section. The construction of the two-lane road
section shall include a raised median section necessary to transition from
the roundabout into the urban road section design. These improvements
shall be completed prior to the issuance of the first occupancy permit for
the land use utilizing National Lutheran Boulevard for access to
Northwestern Pike. Furthermore, the Applicant agrees to design and
construct, or cause for the construction of the four -lane urban section
between the future roundabout and the limits of Phase 1 if this
improvement is warranted based on future traffic counts as described in
Section D(6).
g. The Applicant shall design and construct, or cause for the construction of
modifications to, or the elimination of the median crossing on
Northwestern Pike identified as Median Crossing A on the proffered GDP.
VDOT shall determine the requirements for modification, or elimination
and shall advise the Applicant in writing of the requirements associated
with this improvement. The Applicant shall complete these 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 equivalent trip generations as described in Section D(2)(a) of the
proffer statement on the B2 portion of the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 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
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 8 O
Revised February 16, 2009; Revised February 19, 2009; Revised March 2,2009; CD
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
monetary contribution in lieu of the improvement described in Section 'j
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 land use within Phase 2 that is a cumulative total of Phase 1 — Phase
2. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7`" Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that
the Applicant shall complete all Phase 2 transportation improvements
prior to the approval of any Site Plan that exceeds 350,000 square feet of
commercial land use and 105,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
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
signalization 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
File #4928S/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009, 9 0
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; CD
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
accordance with VDOT standards for approval to install traffic
signalization at this intersection.
d. The Applicant shall design and construct, or cause for the construction of
improvements to Trader Drive to include a two-lane urban road section
with a raised median to the first available commercial entrance that is
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 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 105,000
square feet of office land use or equivalent trip generation as described in
Section D(3)(a) of the proffer statement on the B2 portion of the Property,
with the exception of the median crossing and turn lane improvements on
Northwestern Pike which shall be completed with the Trader Drive
intersection improvements on Northwestern Pike. Additionally, the
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
Retail Boulevard. The Applicant shall complete these improvements prior
to the approval of any Site Plan that exceeds 350,000 square feet of
commercial land use and 105,000 square feet of office land use or
equivalent trip generation as described in Section D(3)(a) of the proffer
statement on the B2 portion of the Property. Additionally, the Applicant
shall dedicate right-of-way to Frederick County to allow for a four -lane
urban road section for 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. The Applicant shall design and construct, or cause for the construction of
modifications to, or the elimination of the median crossings on
File #4928S/Silver Lake LLC Rezoning
CD
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 10 C)
Revised February 16, 2009; Revised February I9, 2009; Revised March 2, 2009; --�
Revised March 13, 2009; Revised March 30, 2009; Revised November 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
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.
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 desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
In the event that regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange are constructed prior
File #4928S/Silver Lake LLC Rezoning
Greenway Engineering No Member 25, 2008; Revised January 6, 2009; Revised. January 27, 2009; 11 00
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 rl�o
CD
to the completion of the Phase 2 Transportation Program, the Applicant
agrees to provide a monetary contribution equivalent to the amount
associated with the improvement described in this section to be utilized
unconditionally by Frederick County for other transportation
improvements. This monetary contribution shall be provided to Frederick
County within 60 days of written request by the County.
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a cumulative total of Phase 1 — Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7`" Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that
the Applicant shall complete all Phase 3 transportation improvements
prior to the approval of any Site Plan that exceeds 490,000 square feet of
commercial land use and 350,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
b. The Applicant shall dedicate all right-of-way necessary for the Phase 3
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off-site improvements
within public right-of-way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right-of-
way necessary to implement proffered off-site transportation
improvements. The Applicant agrees to assume all costs associated with
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 National Lutheran Boulevard to provide for a second
right turn lane on National Lutheran Boulevard at the intersection of
Northwestern Pike. These improvements shall be completed prior to the
approval of any Site Plan that exceeds 490,000 square feet of commercial
land use and 350,000 square feet of office land use or equivalent trip
generation as described in Section D(4)(a) of the proffer statement on the
B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
a two-lane urban road that is constructed to a 40 mph geometric design
standard and provides for roundabout design at the intersection with
National Lutheran Boulevard, and left turn lanes and right turn lanes at all
File #49285/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 12
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 CD
commercial entrances as required by VDOT, which will provide for a --
connection between National Lutheran Boulevard and Poor House Road
(Route 654). The Applicant will coordinate with the owner of tax parcel
52-((A))-47 to obtain right-of-way for this improvement as a first option
for development of the two-lane urban road connection. In the event that
the first option cannot be achieved, the Applicant shall design and
construct, or cause for the construction of the two-lane urban road
connection between National Lutheran Boulevard and Poor House Road
on the Property. The general location of the two-lane road connection
associated with both options will be provided on the proffered GDP;
however, it is recognized that this location may shift without the need for
conditional rezoning approval. The Applicant shall complete this
improvement prior to the approval of any Site Plan that exceeds 490,000
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 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 7t' Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 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 attempt to design all off-site improvements
within public right-of-way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right-of-
way necessary to implement proffered off-site transportation
improvements. The Applicant agrees to assume all costs associated with
File #49285/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 Q
Revised February 16, 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 P
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
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
Boulevard and Trader Drive intersections. The Applicant shall complete
these improvements prior to the approval of any Site Plan that exceeds
530,000 square feet of commercial land use and 440,000 square feet of
office land use or equivalent trip generation as described in Section
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),
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. VDOT and Frederick County may allow for annual traffic counts to be
delayed in calendar years in which there is no development activity on the
Property. When required, traffic counts will be conducted at the National
Lutheran Boulevard and 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 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 #49285/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 14 O
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Q
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 �J
support facilities on or before April 21, 2014. The Applicant shall dedicate a site
fronting on Corporate Place that is located near the intersection of National
Lutheran Boulevard, which is a minimum of three acres and a maximum of four
acres in size, with the final size of this site being determined upon approval of the
Site Plan for the new fire 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 rescue services associated with the development of the CCRC on the MS
District portion of the Property. The $1,000,000.00 monetary contribution shall
be provided to Frederick County on or before April 21, 2014 to assist with the
development of the new fire and rescue station or for the expansion of an existing
fire and rescue station. However, the date for the $1,000,000.00 monetary
contribution payment may be extended if a Site Plan for a new fire and rescue
station or for the expansion of an existing fire and rescue station has not been
approved 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
for the new fire and rescue station on the Property.
File #49285/Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 15
Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009;
Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013
F. Simnatures
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:
By: Date: E�
Commonwealth of Virginia,
City ounty f �V-e c(e � Cts' To Wit:
The foregoing instrument was acknowledged before me thisV day of NOVCM �kk (i
200 by 0,Me5 lMA
My Commission Expires �-00 2-'11 2-0 ! L
RE�c i `jL1(L t�$ ZGfi (o l C) i0
File #4928S/Silver Lake LLC Rezoning
Q"
%�d
Notary Public
CD
Q
11f
m
Aca
I
z
7
i = =�i
mmi
71
Cz
m M
so
o
Cr
O
mm
r M
n i1
93rrx
i0
A
c
1� O
ZN
r
r
�m
Y z
A
O
i 6
�
Z
�I
m
z
i
■•
�O
zz
NA710NA! ®
111
Z
1
I�
so,
I
GENERALIZED DEVELOPMENT PLAN j GREENWAY ENGINEERING
I61 11i°dy Hi8 Iem
r K SILVER LAKE DEVELOPMENT ��.� ,�, �h-t-• WIrgi.0 22602
.may ro Ukh.— 540-662-4185
GAINESBORO MAGISTERIAL DISTRICTG19 rex 540-722-0526
FREDERICK COUNTY. VA S—y°m www.gee°wnyeag'c°m
�1
•-,- 1 ,' y
z.
i -
o d
o GENERALIZED DEVELOPMENT PLAN � GREENWAY ENGINEERING
°r 161 W-dy HW laoo
K SILVER LAKE DEVELOPMENT "'°°hetet. ViqOufa 2M2
Telephone filo--882-1166
GAINESBORO MAGISTERIAL DISTRICT eo0—°� rex filo vzz—e6ze
FREDERICK COUNTY, VA
it
7
0
Il' _
.'
oar
mno
WOE
9
I
Z-1 Z
v
�N
1
•-,- 1 ,' y
z.
i -
o d
o GENERALIZED DEVELOPMENT PLAN � GREENWAY ENGINEERING
°r 161 W-dy HW laoo
K SILVER LAKE DEVELOPMENT "'°°hetet. ViqOufa 2M2
Telephone filo--882-1166
GAINESBORO MAGISTERIAL DISTRICT eo0—°� rex filo vzz—e6ze
FREDERICK COUNTY, VA