64A10_HeritageCommonsAMENDMENT
Action:
PLANNING COMMISSION: November 18, 2015 - Recommended Approval
BOARD OF SUPERVISORS: December 9, 2015 - XJ APPROVED U DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING # 10-15 HERITAGE COMMONS
WHEREAS, Rezoning #10-15, of Heritage Commons LLC, submitted by Greenway Engineering, Inc.,
to rezone 96.28 acres from B2 (Business General) District to R4 (Residential Planned Community) District
and 54 acres from RP (Residential Performance) District to R4 (Residential Planned Community) District
and .31 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with
proffers, final revision date December 9, 2015 was considered. The site fronts on the west side of Front
Royal Pike (Route 522), opposite Airport Road (Route 645), and has frontage on the east side of Interstate
81. The properties are further identified with PlN(s) 64-A-10, 64-A-12, 64-A-150 in the Shawnee
Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on November 18, 2015
and recommended approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 9,
2015; 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 Zoning District Map to
rezone 96.28 acres from B2 (Business General) District to R4 (Residential Planned Community) District
and 54 acres from RP (Residential Performance) District to R4 (Residential Planned Community)
District and .31 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community)
District with proffers, final revision date November 19, 2015.The conditions voluntarily proffered in
writing by the applicant and the property owner are attached.
PDRes #52-15
-2 -
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of December, 2015 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 Aye Charles S. DeHaven, Jr. Aye
Blaine P. Dunn Aye
A COPY ATTEST
4A, ma�—
Brenda G. Garton
Frederick County Administrator
� lZlv'1� CC)UiV`.'ti'.
This instrument of writing was produced to me on
/2-/7-20/ at
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessable
)4e'ea , Clerk
PDRes #52-15
BOS Res. #046-15
Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
15002 4 2 ^i�/3 Revised December 7,2015; December 9, 2015
:
HERITAGE COMMONS PROFFER STATEMENT
REZONING: RZ# 10-15
Rural Areas (RA) District, Business General (B2) District and
Residential Performance (RP) District with Proffers to Residential
Planned Community (R4) District with Proffers
PROPERTY: 150.59+/- acres;
Tax Map Parcels 63-A-150, 64-A-10 and 64-A-12 (here -in after
the "Property")
RECORD OWNER: R 150 SPE, LLC (here -in after the "Owner")
APPLICANT: Heritage Commons, LLC (here -in after the "Applicant")
PROJECT NAME: Heritage Commons (here -in after the "Project")
ORIGINAL DATE
OF PROFFERS: September 25, 2015
REVISION DATE: Revised December 9, 2015
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 Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve Rezoning Application #10-15 for the
rezoning of 150.59± -acres inclusive of 96.28± acres of Business General (B2) District
and 54.0± acres of Residential Performance (RP) District with proffers, and 0.31± acres
of Rural Areas (RA) District without proffers to 150.59± -acres of Residential Planned
Community (R4) District with proffers, development of the subject properties (here -in
after the "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. In the event that
such rezoning is not granted, then these proffers shall be deemed withdrawn and have no
effect whatsoever. These proffers shall be binding upon the Owner and any legal
successors, heirs, or assigns.
References to the Master Development Plan, hereinafter referred to as the Generalized
Development Plan dated October 29, 2015, as required by the Frederick County Zoning
Ordinance, are to be interpreted to be references to the specific Generalized Development
File #3701 HC/EAW
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Greenway Engineering September 25, 2015; Revised October 23, 2015,
Revised October 29, 2015; Revised November 19,2015;
Revised December 7, 2015; December 9, 2015
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Heritage Commons Rezoning L,,,,;
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Plan (here -in after the "GDP") attached hereto and incorporated herein by reference as
"Exhibit A". The Owner/Applicant is submitting a GDP, Exhibit A, as part of a rezoning
application. The GDP is provided in lieu of a Master Development Plan and contains all
information deemed appropriate by the Frederick County Planning Department. The
exact boundary and acreage of each land bay may be shifted to a reasonable degree at the
time of site plan submission for each land bay in order to accommodate engineering or
design considerations.
A.
B.
C.
HERITAGE COMMONS PROFFER STATEMENT
Generalized Development Plan
1) The Owner and/or Applicant shall develop the Property in substantial
conformance with the GDP prepared by Greenway Engineering, dated October
29, 2015, which is attached and approved as part of this rezoning application.
The GDP is intended to delineate the general location of the regional road
systems identified in the Frederick County Comprehensive Policy Plan, the
location of the maximum number of potential entrance locations along the
regional road systems serving the Property, the general location of the land bays
proposed for residential and commercial development, the general location of the
East Tevis Street and the Warrior Drive right-of-way dedication areas, and the
general location of the Buffalo Lick Run Open Space Area and public trail
system. The final location of the regional road improvements and potential
entrance locations, the land bays proposed for residential and commercial
development, the general location of the East Tevis Street and the Warrior Drive
right-of-way dedication areas, and the general location of the Buffalo Lick Run
Open Space Area and public trail system can be adjusted to accommodate final
engineering design requirements without the need to revise the GDP provided
that the final engineering design is consistent with the overall layout depicted on
the GDP.
Design Modifications Document
1) The Owner and/or Applicant shall develop the Property in substantial
conformance with the Design Modification Document dated October 29, 2015
that is attached and incorporated hereto as "Exhibit B". Pursuant to Frederick
County Code § 165-501.06(0), the design modifications set forth in Exhibit B
shall apply to the Property.
Land Use and Land Use Matrix
1) The Owner and/or Applicant shall develop a mixed land use development that
includes market rate multi -family residential, commercial, and market rate multi-
family residential/commercial land uses within the same structure. Market rate
File #3701 HUEAW 2
Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015
multi -family residential land use is defined as having no income limit for the unit
and rented as the highest rent that the local market can sustain. Market rate multi-
family residential land use shall exclude subsidized housing units. The market rate
multi -family residential and the market rate residential/commercial land uses
within the same structure may be developed within gated communities with
private street systems.
2) The following Land Use Matrix Table provides for the general development
parameters on the Property. The Land Use Matrix Table provides for the
minimum and maximum percentages of residential and commercial that will be
developed within the land bays identified within_ the GDP identified as Exhibit A
in this proffer statement. Market rate multi -family residential/commercial land
uses within the same structure shall be permitted within Land Bay 2 and Land
Bay 3, and calculated as the percentage of each land use within the structure
applied to the total site area the structure is developed on. The actual acreages
identified for each Land Bay is approximate and may fluctuate based on final
survey work.
LAND
LAND USE
ACREAGE
RESIDENTIAL
COMMERCIAL
BAY
(APPROX)
(MIN/MAX%)
(MIN/MAX%)
Uses allowed in B1;
1
132; B3 Districts and
37.48± acres
0% AC.
100% AC.
Design Modification
Document
Uses allowed in RP;
2
B1; 132; B3 Districts
46.47± acres
75% MIN. AC.
20% MIN. AC.
and Design
80% MAX. AC.
25% MAX. AC.
Modification
Document
Uses allowed in RP;
3
B1; 132; B3 Districts
53.95± acres
0% MIN. AC.
80% MIN. AC.
and Design
20% MAX. AC.
100% MAX. AC.
Modification
Document
Buffalo
Open Space; Public
12.35 acres
N/A
N/A
Lick Run
Trail System; Road and
Pedestrian Crossing;
Utilities Crossing
3) The Owner and/or Applicant shall limit residential land use development within
the Property to a maximum of 645 market rate multi -family units, which is
File #3701 HC/EAW 3
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1.
4) The Owner and/or Applicant shall prohibit permitted land uses within the OM,
Office Manufacturing District and the M1, Light Industrial District that are not
otherwise permitted within the RP, B 1, B2 and B3 Zoning Districts.
5) The Owner and/or Applicant shall provide for a common shared buffer and
screening easement along the common boundary line of Tax Map Parcels 64-Al2
and 64-A-14 should this portion of Tax Map Parcel 64-A-12 be developed as
market rate multi -family units. The Owner and/or Applicant shall provide for the
location and plantings associated with the common shared buffer and screening
easement to be completely located on Tax Map Parcel 64-A-12. The common
shared buffer and screening easement shall be provided as a component of the
Site Plan for the market rate multi -family units if applicable.
D. Land Use Phasing Program
1) The Owner and/or Applicant shall phase the residential land use development
program so as not to exceed 175 residential units within the first two years of the
project, which shall begin at the time of non -appealable rezoning approval.
2) Subsequent to the two year time line specified in Section DI of the proffer
statement, the Owner and/or Applicant shall phase the residential land use
development program so as not to exceed 148 residential units for the ensuing two
years of the project.
3) Subsequent to the two year time line specified in Section D2 of the proffer
statement, the Owner and/or Applicant shall phase the residential land use
development program so as not to exceed 147 residential units for the ensuing two
years of the project.
4) Subsequent to the two year time line specified in Section D3 of the proffer
statement, the Owner and/or Applicant shall be permitted to develop the
remaining 175 residential units.
5) The Owner and/or Applicant shall develop 50,000 square feet of commercial land
use prior to the issuance of a certificate of occupancy permit for the 300th market
rate multi -family residential unit.
6) The Owner and/or Applicant shall develop an additional 57,500 square feet of
commercial land use prior to the issuance of a certificate of occupancy permit for
the 600th market rate multi -family residential unit.
File #3701HC/EAW 4
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Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
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inclusive of market rate multi -family residential/commercial land uses within the
same structure. The commercial land use development within the Property is not
limited other than by the requirements pertaining to the average daily trip (ADT)
generation specified in Section G7 of the proffer statement.
4) The Owner and/or Applicant shall prohibit permitted land uses within the OM,
Office Manufacturing District and the M1, Light Industrial District that are not
otherwise permitted within the RP, B 1, B2 and B3 Zoning Districts.
5) The Owner and/or Applicant shall provide for a common shared buffer and
screening easement along the common boundary line of Tax Map Parcels 64-Al2
and 64-A-14 should this portion of Tax Map Parcel 64-A-12 be developed as
market rate multi -family units. The Owner and/or Applicant shall provide for the
location and plantings associated with the common shared buffer and screening
easement to be completely located on Tax Map Parcel 64-A-12. The common
shared buffer and screening easement shall be provided as a component of the
Site Plan for the market rate multi -family units if applicable.
D. Land Use Phasing Program
1) The Owner and/or Applicant shall phase the residential land use development
program so as not to exceed 175 residential units within the first two years of the
project, which shall begin at the time of non -appealable rezoning approval.
2) Subsequent to the two year time line specified in Section DI of the proffer
statement, the Owner and/or Applicant shall phase the residential land use
development program so as not to exceed 148 residential units for the ensuing two
years of the project.
3) Subsequent to the two year time line specified in Section D2 of the proffer
statement, the Owner and/or Applicant shall phase the residential land use
development program so as not to exceed 147 residential units for the ensuing two
years of the project.
4) Subsequent to the two year time line specified in Section D3 of the proffer
statement, the Owner and/or Applicant shall be permitted to develop the
remaining 175 residential units.
5) The Owner and/or Applicant shall develop 50,000 square feet of commercial land
use prior to the issuance of a certificate of occupancy permit for the 300th market
rate multi -family residential unit.
6) The Owner and/or Applicant shall develop an additional 57,500 square feet of
commercial land use prior to the issuance of a certificate of occupancy permit for
the 600th market rate multi -family residential unit.
File #3701HC/EAW 4
Greenway Engineering September 25, 2015; Revised October 23, 2015,
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015
E. Monetary Contribution for Public Schools
Heritage Commons Rezoning
1) The Owner and/or Applicant shall establish an escrow account with the County
totaling an initial amount of $200,000.00 to mitigate potential impacts to public
schools resulting from student generation from the project. Potential impacts to
public schools shall be determined by Frederick County Public School annual
student population data specific to the project following issuance of the
certificates of occupancy for each of the residential unit thresholds identified in
Proffers E2 -E5. Monetary contributions for impacts to public schools shall be
drawn from the escrow account by the County as specified in Proffers E2 -E5.
This escrow account shall continue to be funded by the Owner and/or Applicant
as necessary throughout the residential land use development program to ensure
that the payments described in Sections E2 -E5 of the Proffer Statement are
satisfied. No further certificates of occupancy for residential units shall be issued
until the Owner and/or Applicant has provided funding for the escrow account
that is required to satisfy the payments described in Sections E2 -E5 of the Proffer
Statement.
The remainder of the escrow account balance shall be released by the County
following the Frederick County Public School annual student population count
that is conducted subsequent to the issuance of the final occupancy permit for the
residential development program, or County approval of a conditional zoning
amendment that provides for the discontinuance of the residential land use
development program.
2) A one-time payment of $3,000.00 for each student over 15 total students, as
calculated based upon the actual student population specific to the project at the
time of issuance of the certificate of occupancy for the 175th residential unit.
3) A one-time payment of $3,000.00 for each student over 27 total students, as
calculated based upon the actual student population specific to the project at the
time of issuance of the certificate of occupancy for the 323`d residential unit.
4) A one-time payment of $3,000.00 for each student over 39 total students, as
calculated based upon the actual student population specific to the project at the
time of issuance of the certificate of occupancy for the 470th residential unit.
5) A one-time payment of $3,000.00 for each student over 51 total students, as
calculated based upon the actual student population specific to the project at the
time of issuance of the certificate of occupancy for the 645th residential unit.
F. Recreational Amenities
1) The Owner and/or Applicant shall construct a 10 -foot asphalt pedestrian and
bicycle trail throughout the limits of the Buffalo Lick Run Land Bay in the
general location depicted on the GDP. The 10 -foot asphalt pedestrian and bicycle
File #3701 HCIEAW
Greenway Engineering
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September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7,2015; December 9, 2015 C)
trail shall be designed and constructed in conjunction with second phase of
residential land use development specified in Section D2 of the proffer statement.
The 10 -foot asphalt pedestrian and bicycle trail shall be available for use as a
public trail system and shall be maintained by the property owners association
established for the project. The 10 -foot asphalt pedestrian and bicycle trail
system shall be permitted to count towards the recreational amenity values for the
market rate multi -family units developed within the project.
2) The Owner and/or Applicant shall construct a community building to include a
workout/fitness facility and a community swimming pool for use by the residents
of the project. The community building and swimming pool facilities shall be
available for use by the residents of the project prior to the completion of the
second phase of residential land use development specified in Section D2 of the
proffer statement. The community building, workout/fitness facility, and
community swimming pool shall be permitted to count towards the recreational
amenity values for the market rate multi -family units developed within the
project.
3) The Owner and/or Applicant shall construct an 8 -foot asphalt pedestrian trail
system within the residential portions of the project, which shall provide
connectivity to adjacent commercial land uses located within the same Land Bay
area. The general location of the trail system shall be provided on the Master
Development Plan. The 8 -foot asphalt pedestrian trail system shall be permitted
to count towards the recreational amenity values for the market rate multi -family
units developed within the project.
Transportation
1) Comprehensive Policy Plan Regional Road Infrastructure Classifications
The GDP identifies the primary regional road systems identified on the
Comprehensive Policy Plan Eastern Road Plan. The GDP delineates these
regional road systems as Section A — Front Royal Pike/Airport Road intersection
to Roundabout; Section B — Interstate 81 Bridge, East Tevis Street to western
Property boundary, and Roundabout; Section C — East Tevis Street to northern
Property boundary; and Section D — Warrior Drive from Section B to southern
property boundary. The Comprehensive Policy Plan Eastern Road Plan identifies
Section A as an Urban Two -Lane Section (U2); the East Tevis Street portions of
Section B and Section C as an Urban Four -Lane Divided Section (U4D); and
Section D as an Urban Four -Lane Divided Section (U4D).
2) County -Managed Revenue Shariniz Program Project Agreement
The Owner and/or Applicant shall enter into a County -Managed Revenue Sharing
Program Project Agreement (here -in after the "Agreement") for the regional road
system identified as Section A and Section B on the proffered GDP within 30
File #3701 HC./EAW 6
Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015
days of non -appealable rezoning approval. The Agreement may be modified to
provide language acceptable to the County and the Owner and/or Applicant
provided that the location and typical section of the Section A and Section B
regional road system is consistent with the proffered conditions. The Owner
and/or Applicant shall be responsible in the Agreement for the local funding
match for the Section A and Section B regional road system identified on the
proffered GDP. The Owner and/or Applicant shall not be permitted to commence
development activities on the Property until the Agreement is executed.
3) Section A Regional Road Improvement Prop -Tam
The Section A regional road system shall be designed and constructed as an
Urban Four -Lane Divided Section (U4D) with curb and gutter, a 10' asphalt
pedestrian and bicycle trail and 5' concrete sidewalk, and intersections providing
full access and/or partial access commercial entrances into Land Bay 1 and Land
Bay 2 that meet or exceed VDOT entrance spacing requirements that are in force
at the time of final road design plan approval.
The Owner and/or Applicant shall be permitted to advance the Section A road
design plan and applicable studies required for approval by the County and
VDOT necessary to begin construction of the Section A regional road system.
The Owner and/or Applicant shall be permitted to begin residential and
commercial development that is served by the Section A regional road system,
which shall be limited to the development of the residential and commercial land
uses specified in Section D 1 and D5 of the Proffer Statement until construction of
the Section B regional road system commences.
4) Section B Regional Road Improvement Program
The Section B regional road system shall be designed and constructed as an
Interstate 81 Bridge with four travel lanes, a raised concrete median, and
sidewalks; an Urban Four -Lane Divided Section (U4D) with curb and gutter, a
10' asphalt pedestrian and bicycle trail and 5' concrete sidewalk for East Tevis
Street between the Interstate 81 Bridge and Roundabout; and a dual -lane
Roundabout with a 10' asphalt pedestrian and bicycle trail and 5' concrete
sidewalk, and intersections providing full access and/or partial access commercial
entrances into Land Bay 1 and Land Bay 2 that meet or exceed VDOT entrance
spacing requirements that are in force at the time of final road design plan
approval.
5) Section C Regional Road Right -of -Way Dedication
The Owner and/or Applicant shall provide the County with a right-of-way
dedication plat for the Section C East Tevis Street extension between the
Roundabout and the northern Property boundary. The Section C right-of-way
dedication plat shall be sufficient for the construction of an Urban Four -Lane
File #3701 HC/EAW 7
C:
Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015 co
Divided Section (U4D) with curb and gutter, a 10' asphalt pedestrian and bicycle
trail and 5' concrete sidewalk that is consistent with the County -Managed Tevis
Street Extension Design Plan from Station 41+50 to Station 46+50 within the
Property. The Section C right-of-way dedication plat shall be provided to the
County for recordation within 30 days of written notice by the County of final
road construction design plan approval.
The final road design plan shall include an intersection that provides full access
and/or partial access commercial entrances serving Land Bay 1 on the east and
west side of the Section C regional road system that meet or exceed VDOT
entrance spacing requirements that are in force at the time of final road design
plan approval. The Owner and/or Applicant shall provide ingress/egress
easements along the northern limits of the Property within Land Bay 1 sufficient
to allow for inter -parcel access for construction and use by the adjoining
properties.
In the event that the County -Managed Revenue Sharing Program construction
project has not commenced for the portion of Section C within the Property when
street access is needed to serve development within this portion of Land Bay 1,
the Owner and/or Applicant shall be permitted to construct a partial street section
necessary to serve said development until the East Tevis Street extension project
is completed by others. The partial street section shall be constructed within the
planned right-of-way and shall be constructed to permit expansion of the Section
C East Tevis Street extension as described in the first paragraph of this section of
the Proffer Statement.
6) Section D Regional Road Right -of -Way Dedication
The Owner and/or Applicant shall provide the County with a right-of-way
dedication plat for the Section D Warrior Drive extension between the
Roundabout and the southern Property boundary consistent with the alignment
identified on the GDP. The Section D right-of-way dedication plat shall be
sufficient for the construction of an Urban Four -Lane Divided Section (U4D) with
curb and gutter, a 10' asphalt pedestrian and bicycle trail. The Owner and/or
Applicant shall dedicate right-of-way sufficient for the described Warrior Drive
U4D road section within 6 months of the issuance of an occupancy pen -nit for the
first land use approved that accesses the regional road system between the
Roundabout and the right-of-way dedication area identified on the proffered GDP.
7) Residential and Commercial Development Program
The Owner and/or Applicant shall be pennitted to implement the residential and
commercial land development program specified in Section C2 of the proffer
statement until the land uses have a cumulative impact of 20,000 ADT. The
Owner and/or Applicant shall utilize actual traffic counts to determine ADT
volumes associated with land uses developed in the Property. The Owner and/or
File #3701HC/EAW 8
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Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning ..
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015 rte—
Applicant shall conduct actual traffic counts when ITE Generation values for
approved land uses are projected to reach 20,000 ADT, which will be provided to
the County Transportation Director. Once actual traffic counts for land uses
developed in the project reach 20,000 ADT, the Owner and/or Applicant will
prepare traffic studies in conjunction with subsequent site plans if deemed
necessary by the County Transportation Director. Improvements to the
transportation system within the Property identified by the traffic studies will be
implemented by the Owner and/or Applicant during the site plan development
process as required by VDOT and the County.
The Owner and/or Applicant shall limit development within Land Bay 3 to land
uses with a cumulative impact of 2,550 ADT in which access is limited to the
signalized full access entrance at Madison Village and the potential entrance
location for Land Bay 3 identified on the proffered GDP. The Owner and/or
Applicant shall utilize actual traffic counts at the Madison Village public access
road connection along the southern boundary of the Property to determine ADT
volumes associated with land uses development restriction for this phase of
development within Land Bay 3. The Owner/Applicant shall be pennitted to
continue development within Land Bay 3 above the 2,550 ADT threshold
following the construction of street access that connects Land Bay 3 to the
regional road system serving Land Bay 2. Street access connecting Land Bay 3 to
Land Bay 2 shall be the responsibility of the Owner and/or Applicant and shall be
designed and constructed as a typical section sufficient to accommodate the traffic
projections that exceed the 2,550 ADT threshold.
8) Private Streets
The Owner and/or Applicant shall have the ability to construct all internal street
systems within the Property as private streets, except for the regional road
systems described in Section G1 through G6 of the proffer statement. All private
streets shall be designed to standards acceptable to the County Engineer and in
conformance to VDOT corner clearance distances that are in force at the time of
final private street design plan approval before an intersection entrance and/or
public street can be connected to the private street.
9) Adjoining Subdivision Pedestrian Connectivity
The Owner and/or Applicant shall provide pedestrian access connectivity for the
benefit of the adjoining residential subdivision adjoining Land Bay 1. Pedestrian
connectivity will be developed as concrete sidewalks or asphalt trails within the
portions of the Property that abut the existing residential subdivision street
systems.
File #3701 HUEAW 9
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Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015; 7
Revised December 7, 2015; December 9, 2015
H. Winchester Regional Airport
1) The Owner and/or Applicant shall provide information in sales literature, property
deeds and lease agreements for the market rate multi -family units that identifies
the Winchester Regional Airport facility location and flight pattern in proximity
to the Property.
2) The Owner and/or Applicant shall enter into an Avigation Easement Agreement
with the Winchester Regional Airport Authority with terms and conditions
acceptable to the Airport within 30 days of final non -appealable rezoning
approval.
OWNER/APPLICANT SIGNATURES ON FOLLOWING PAGES
File #3701HC/EAW 10
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Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning CD
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015
Signature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the owner and applicant.
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:k�ttL/W&l
R 15 SPE, LLC - Owner Date
lkwo&jj)
Commonwealth of
City/County of / /ur� /(? To Wit:
The foregoing instrument was acknowledged before me thisPday of
qA
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Zaby
/i% Notary Public
My Commission Expires �/ /
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File #3701 HC/EAW 11
Greenway Engineering September 25, 2015; Revised October 23, 2015, Heritage Commons Rezoning
Revised October 29, 2015; Revised November 19, 2015;
Revised December 7, 2015; December 9, 2015
5ij!nature
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the owner and applicant.
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 S
ubmi ttecl:
eritage ns, rt;-lep
icant Da e
Commonwealth of Virginia,
City/County of f ,e -A r � c K To Wit:
The foregoing instrument was acknowledged before me this I I day of ►JeCBM��
201S by IJ -LAC e.
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EXHIBIT A — HERITAGE COMMONS
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GENERALIZED DEVELOPMENT PLANWinchester,
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EXHIBIT A — HERITAGE COMMONS
GENERALIZED DEVELOPMENT PLANWinchester,
151 Windy Hill Lane
Virginia 22602
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Telephone: (540) 662-4185
SHAWNEE MAGISTERIAL DISTRICT
GREENWAY
Fax: (540) 722-9528
FREDERICK COUNTY, VA
ENGINEERING
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HERITAGE COMMONS
DESIGN MODIFICATION DOCUMENT - PROFFER EXHIBIT B
October 29, 2015
Design Modification Document I October 29, 2015
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MODIFICATION #1 § 165-501.02 Rezoning Procedure
Ordinance Requirement:
In order to have land rezoned to the R4 District, a master development plan meeting all
requirements of this chapter, shall be submitted with rezoning application.
Alternative Design Standard:
In order to have land rezoned to the R4 District, a proffered Generalized Development Plan
identifying the concept of the overall acreage and its relationship to adjoining properties and
adjoining roadways shall be submitted with rezoning application. The Generalized Development
Plan for Heritage Commons will provide Land Bays to demonstrate the proposed general land
use plan layout for the entire acreage. The Proffer Statement for Heritage Commons will also
provide a matrix identifying the residential and non-residential land uses within each Land Bay,
the projected acreage of each Land Bay and the percentage of residential and commercial land
use within each Land Bay classified as Mixed -Use Commercial/Residential. A Master
Development Plan will be provided to the County prior to development activity on the Property.
Justification for Modification:
A mixed-use planned community on 150.28 +- acres of land cannot be completely master
planned as a condition of rezoning approval. These communities are dynamic due to the market;
therefore, the exact location of residential units, internal roads, commercial land use, recreational
amenities, open space and significant environmental features are difficult to identify at this stage
in the process. The Applicant should be prepared to identify basic information pertaining to the
overall development of the planned community to inform decision makers and interested citizens
how the general land use patterns and major road systems will be developed should a rezoning be
approved. The use of a Generalized Development Plan and Proffer Statement as a tool for this
purpose is reasonable, as it contains illustrative and general development information that can
assist in understanding the basic concepts of a mixed-use planned community and guide the more
formalized Master Development Plan process following rezoning approval. Therefore, it is
requested that a Generalized Development Plan be permitted to function in the place of a detailed
Master Development Plan during the rezoning process. A Master Development Plan will be
provided subsequent to the rezoning approval process to ensure consistency with subdivision
design plans and site design plans within the project.
Design Modification Document 2 October 29, 2015
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MODIFICATION #2 §165-501.03 Permitted Uses
Ordinance Requirement:
All uses are allowed in the R4 Residential Planned Community District that are allowed in the
following zoning districts:
RP Residential Performance District
B 1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
M1 Light Industrial District
OM Office and Manufacturing District
Alternative Design Standard:
The Land Bays identified on the proffered Generalized Development Plan are slated for urban
mixed-use commercial and residential land use, which lnay include commercial and residential
land uses that are located within the same structure, or within connected structures. Land uses
permitted within the OM, Office Manufacturing District and the Ml, Light Industrial District
that are not otherwise permitted within the RP, Bl, B2 and B3 Zoning Districts shall be
prohibited within the Property.
Justification for Modification:
Heritage Commons is planned as an urban center design form that will contain multi -family
units, commercial, retail and office structures, and structures that may comprise a combination of
these land uses. The ability to provide for mixed-use residential and commercial, retail and/or
office land use within the same structure or within connected structures is in keeping with urban
form design, which provides a very efficient use of land and provides opportunities for residents
to live, shop, and work within the same area of their community.
Design Modification Document 3 October 29, 2015
MODIFICATION #3 §165-501.05 Mixture of Housing Types Required NJ
Ordinance Requirement:
Each planned community shall be expected to contain a mixture of housing types that is typical
for existing and planned residential neighborhoods in Frederick County. No more than 40% of
the area of portions of the planned community designated for residential uses shall be used for
any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses,
townhouses or garden apartments or any combination of those housing types.
Alternative Design Standard:
The Land Bays identified on the proffered Generalized Development Plan are slated for market -
rate multi -family residential housing types. To achieve this type of urban residential
development, single-family detached and attached residential units will not be required as a
component of the residential mix, and multi -family residential units will be allowed to comprise
100% of the residential housing units within the Heritage Commons project.
Justification for Modification:
Heritage Commons is planned as an urban design form that will contain multi -family housing
units within a mixed-use commercial, retail and office development. The Residential Planned
Community District promotes suburban residential design form that is predominately residential
with a minimum percentage of non-residential land use. The implementation of significant
percentages of non-residential land use within Heritage Commons dictates the need for higher
density residential land use to facilitate this form of development.
Design Modification Document 4 October 29, 2015
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MODIFICATION #4 §165-501.06(C) Residential Density
Ordinance Requirement:
Residential Density. The maximum allowed gross density for residences in the planned
community development shall be four units per acre.
Alternative Design Standard:
The Mixed -Use Commercial/Residential Land Bays identified on the proffered Generalized
Development Plan are slated for urban residential housing types. To achieve this type of urban
residential development, the gross densities specified in Section 165-402.05B for multi -family
residential land use shall be permitted.
Justification for Modification:
Heritage Commons is planned as an urban design form that will contain multi -family housing
units within a mixed-use commercial, retail and office development. The Board of Supervisors
recently approved increased densities for residential development within the Urban Development
Area (UDA) to maximize the residential development potential within this portion of the County.
The 2030 Comprehensive Plan identifies this property as being planned for employment and
high-density residential (12-16 units/acre) land use; therefore, it is appropriate to allow this type
of residential density within the Heritage Commons development.
Design Modification Document 5 October 29, 2015
MODIFICATION #5 §165-501.06(D) Commercial & Industrial Areas
Ordinance Requirement:
Commercial and industrial areas. The areas for commercial or industrial uses shall not exceed
50% of the gross area of the total planned community. Sufficient commercial and industrial
areas shall be provided to meet the needs of the planned community, to provide an appropriate
balance of uses and to lessen the overall impact of the planned community on Frederick County.
A minimum of 10% of the gross area of the project shall be used for business and industrial uses.
Alternative Desijzn Standard:
The Heritage Commons Land Bays are intended to be developed as commercial and as mixed-
use commercial and residential land use. Therefore, commercial areas may exceed, and should
be encouraged to, exceed 50% of the gross area of the total planned community. Further, to be
consistent with the Comprehensive Plan, industrial uses should not be encouraged, and therefore,
not allowed in the Heritage Commons Land Bays. By doing this, the balance will allow for
higher density residential uses and will create Land Bays that lend themselves to creating a
community where residents can live, work and play in the same community. A Land Bay
Breakdown Table has been incorporated into the Heritage Commons Proffer Statement to
demonstrate the minimum and maximum acreages for commercial and residential development
throughout the project.
Justification for Modification:
A planned mixed-use commercial and residential community in an area that is designated under
the Comprehensive Plan as such should provide for a higher percentage mix of commercial uses.
Given the intensity and extent of commercial uses they would be more harmonious if they were
mixed in with or adjacent to higher density residential development. The Generalized
Development Plan will depict the Land Bays where it is anticipated that the higher density
residential and commercial uses will be mixed and also areas that will be designated purely for
commercial. With the transportation networks and connectivity of all the Land Bays, however, it
is anticipated that the activity level of residences, commercial shopping, dining and work will be
laid out so that the residents will be able to walk back and forth between these uses and not need
use their automobiles to access these facilities and amenities.
Design Modification Document 6 October 29, 2015
MODIFICATION #6
Ordinance Requirement:
§165-501.06(F) Open Space
Open Space. A minimum of 30% of the gross area of any proposed development shall be
designated as common open space.
Alternative Design Standard:
A minimum of 15% of the gross area of the Mixed -Use Commercial/Residential Land Bays, and
100% of the gross area of the Buffalo Lick Run Stream Valley Land Bay identified on the
proffered Generalized Development Plan shall be designated as common open space.
Justification for Modification:
Heritage Commons is planned as an urban design form that will contain multi -family housing
units within a mixed-use commercial, retail and office development. This type of urban design
provides opportunities for indoor and outdoor recreational amenities and facilities, pedestrian
sidewalk and trail systems, central plazas and squares, small exterior urban -scale green -space
areas, and rooftop green -space or rooftop amenity areas; therefore, vast expanses of green space
area are not conducive for this type of development. The location of open space areas and the
types of recreational amenities will be identified on the Master Development Plan to ensure
conformity with ordinance requirements.
Design Modification Document 7 October 29, 2015
MODIFICATION #7 §165-501.06(G) Buffers and Screening
Ordinance Requirement:
Buffers and Screening. Buffers and screening shall be provided between various uses and
housing types as if the uses were located within the RP, B 1, B2, or M 1 Zoning District according
to the uses allowed in those districts. Buffers and screening shall be provided accordingly as
specified in Section 165-203.02 of this Chapter. Road efficiency buffers shall be provided
according to the requirements of that section. In addition, along the perimeter boundary of the
Residential Planned Community District, buffers and screens shall be provided in relation to
adjoining properties as if the uses in the planned community were located in the RP, B1, B2, or
M1 Zoning Districts.
Alternative Design Standard:
Buffers and screening shall be provided along the perimeter boundary of the Residential Planned
Community District where proposed Commercial Retail and Office Land Bays adjoin existing
residential land use, or where multifamily residential units adjoin existing single-family detached
residential land use. Buffers and screening shall be provided accordingly as specified in Section
165-203.02(C), Section 165-203.02(D), and Section 165-203.02(E) of this Chapter.
Justification for Modification:
Heritage Commons is planned as an urban design form that will incorporate mixed-use
commercial and residential land use immediately adjacent to each other. Land uses within this
form of development are intended to be integrated, and in some instances located within the
same structures; therefore, the requirement for internal buffers and screening are not practical in
achieving this type of urban design. The alternative design standard provides for adequate
buffers and screening along the perimeter of the Heritage Commons project to protect existing
residential land uses. This buffer and screening standard is consistent with applicable residential
separation buffers and zoning district buffers utilized in other portions of the Urban
Development Area.
Design Modification Document 8 October 29, 2015
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MODIFICATION #8 §165-501.06(1) Road Access
Ordinance Requirement:
Road Access. All planned community developments shall have direct access to an arterial or
collector road or to roads improved to arterial or collector standards. The planned community
development shall be provided with a complete system of public streets dedicated to the Virginia
Department of Transportation.
Alternative Design Standard:
The proffered Generalized Development Plan shall provide for the construction and/or right-of-
way dedication for primary regional road systems identified in the Comprehensive Policy Plan,
which will be public streets dedicated to the Virginia Department of Transportation. All other
street systems located within the Heritage Commons development may be designed and
constructed as private streets, which will be maintained by a master association or sub -
associations created during the subdivision design and site plan design process. All private
streets shall be designed in general to meet vertical base design standards acceptable to the
Frederick County Engineer based on projected traffic volumes for the identified land uses within
the project. All lots created within the Heritage Commons development may be located on
private streets, which shall not be subject to distance limitations from planned public streets
within the project.
Justification for Modification:
Heritage Commons is planned as an urban design form that will contain a variety of street
systems that are designed in general to meet vertical base design standards acceptable to the
Frederick County Engineer based on projected traffic volumes for the identified land uses within
the project. The ability to utilize private street design will provide design flexibility throughout
the project that would otherwise not be practical due to rigid Virginia Department of
Transportation street design standards. The ability to utilize private street design will also allow
for innovative storm water management low -impact design and landscaping design to assist in
meeting water quality measures for the project.
Design Modification Document 9 October 29, 2015
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MODIFICATION #9 §165-501.06(M) Phasing
Ordinance Requirement:
Phasing. A schedule of phases shall be submitted with each proposed planned community. The
schedule shall specify the year in which each phase will be completely developed. No
subdivision or site plans shall be approved in the planned community unless they are in
accordance with the approved schedule.
Alternative Design Standard:
A Phasing Plan and Phasing Schedule shall not be required for the Heritage Commons project.
Justification for Modification:
Heritage Commons is planned as an urban design form that will contain mixed land use
including commercial, retail, office, and multi -family housing units within a master planned
project. Heritage Commons exceeds the commercial, retail and office land use percentages from
conventional residential planned community projects, and may incorporate mixed commercial
and residential land use within the same structure. Therefore, it is not practical to require a
phasing schedule and time line that limits the ability for the project to develop, as this will be
dictated by market conditions.
Design Modification Document 10 October 29, 2015
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MODIFICATION #10 §165-201.03(B)(6) Height Limitations
§165-601.02 Dimensional and Intensity Requirements
Ordinance Requirement:
General office buildings in the B2 and B3 Districts and hotel and motel buildings in the B2
Zoning District shall be exempt from the maximum height requirements of those zoning districts.
In no case shall the height of such buildings exceed 60 feet. When such exemptions are
proposed adjacent to existing residential uses, the Board of Supervisors shall review the site
development plan pursuant to the provisions of Section 165-203.02A(3).
Alternative Design Standard:
Commercial buildings, retail buildings, office buildings, hotel buildings, and shared commercial
and residential buildings may be constructed up to 80 feet in height; however, architectural
screening features may be permitted to exceed this height allowance but shall be limited to a
maximum structural height of 90 feet.
Justification for Modification:
Heritage Commons is planned as an urban design form that will promote vertical construction
throughout the project. The ability to construct buildings to 80 feet in height is consistent with
the height allowance for shared commercial and residential buildings, which will be developed
within the project. Other zoning districts within the County allow for office buildings and other
structures to be constructed up to 90 feet in height; therefore, the Heritage Commons urban
design form is consistent with these more intensive types of development currently permitted by
County Code.
Heritage Commons has coordinated with the Winchester Regional Airport (WRA) to obtain
information that delineates height limitations for structures that would impact the WRA approach
zones and conical zones. This information has been incorporated within an exhibit that
demonstrates that the maximum height allowances identified in the alternative design standards
will not impact WRA operations.
Design Modification Document 11 October 29, 2015
MODIFICATION #11 §165-402.09(J)(ID1) Multifamily Residential Buildings
Ordinance Requirement:
Principal building (max): 60 feet, provided that a multifamily residential building may be erected
to a maximum of 80 feet if it is set back from road right-of-ways and from lot lines in addition to
each of the required minimum yard dimensions, a distance of not less than one foot for each one
foot of height that it exceeds the sixty -foot limit.
Alternative Design Standard:
Commercial buildings, retail buildings, office buildings, hotel buildings, and shared commercial
and residential mixed use buildings may be constructed within 20 feet of public or private street
systems serving the community.
Justification for Modification:
Heritage Commons is planned as an urban design form that will promote vertical construction
throughout the project. This design form should provide flexibility to promote building
construction that abuts wide pedestrian walkway areas that adjoin public and private street
systems. Urban design promotes build -to setback lines, which are not proposed as a requirement
for Heritage Commons; however, this alternative design standard will allow for this form of
design should it be desired by the developer of the project.
Design Modification Document 12 October 29, 2015
MODIFICATION #12 §165-4002.09(I) Modified Apartment Building
Ordinance Requirement:
This housing type consists of buildings that contain multiple dwelling units that share a common
yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden
apartments shall be at least two stories high but no more than four stories and shall contain six or
more units in a single structure, not to exceed 16 units within a single structure. Dimensional
requirements shall be as follows:
A. Lot Dimensions
Al Maximum site impervious surface ratio 0.60
B. Building Setbacks
B1 From public road right-of-way 35 feet
B2 From private road right-of-way, off-street parking lot or 20 feet
driveway
B3 Side (perimeter) 20 feet
B4 Rear (perimeter) 25 feet
B5 Rear for balconies and decks 20 feet
B6 Minimum on-site building spacing: Buildings placed side to side shall
have a minimum distance of 20 feet between buildings; buildings placed side
to back shall have a minimum distance of 35 feet between buildings.
Buildings back to back shall have a minimum distance of 50 feet between
buildings.
C. Minimum Parking
C I Required off-street parking 2 per unit
D. Height
D 1 Principal building (max): 55 feet
D2 Accessory building (max) 20 feet
Alternative Design Standard:
This housing type consists of buildings that contain multiple dwelling units that share a common
outdoor area and residential and commercial mixed-use buildings. Dwellings can be on multiple
floors with buildings being at least two stories but not more than six stories. Dwellings can have
internal or external corridors at the discretion of the developer. Modified apartment buildings
shall contain a minimum of 16 dwelling units but may not exceed more than 64 dwelling units
within a single structure. Dimensional requirements shall be as follows:
A. Lot Dimensions
A 1 Maximum site impervious surface ratio 0.60
B. Building Setbacks
Design Modification Document 13 October 29, 2015
B 1 From public road right-of-way
20 feet
B2 From private road right-of-way, off-street parking lot or 10 feet
driveway
B3 Side (perimeter)
15 feet
B4 Rear (perimeter)
15 feet
B5 Rear for balconies and decks
20 feet
B6 Minimum on-site building spacing: 15 feet side to side; 15 feet side to
back; 15 feet back to back
C. Minimum Parking
C1 Required off-street parking
2 per unit,
inclusive of
garage
D. Height
D 1 Principal building (max):
80 feet
D2 Accessory building (max):
50 feet
D3 Maintenance buildings (max):
20 feet
Justification for Modification:
Heritage Commons is planned as an urban design form that will promote massing of dwelling
units throughout the project. This design fonn should provide flexibility to promote building
construction that accommodates an appropriate number of dwelling units within a single
structure and within a residential and commercial mixed-use building. The dimensional
requirements provided for the Modified Apartment Building achieve appropriate setbacks for
siting of buildings and protection of adjoining properties, while providing densities more in
keeping with a dense urban center design form.
Design Modification Document 14 October 29, 2015
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REZONING PLAT EXHIBIT
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FREDERICK COUNTY, VA
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Windy Hill Lane
Winchester, Virginia 22602
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FREDERICK COUNTY, VA
151
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Winchester, Virginia 22602
"70D"
Telephone: (540) 662-4185
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Fax: (540) 722-9528
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