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PC 01-07-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION FILE COPY The Board Room Frederick County Administration Building ` Winchester, Virginia janaiary 7. 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) Election of Officers, Committee Assignments, 2009 Meeting Schedule and Adoption of Bylaws.............................................................................................................................. (A) 3) November 19, 2008 Minutes............................................................................................ (B) 4) Committee Reports.................................................................................................. (no tab) 5) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 6) Rezoning #14-08 of Sovereign Village, to revise proffers associated with Rezoning #15-99, section titled Recreation Center and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village Recreation Center. The property is located at the southwestern corner of the intersection of Rossmann and Farmington Boulevards in. the Red Bud Magisterial District, and is identified by Property Identification Number 65H - 13A -26A. Mr. Lawrence................................................................................................................... (C) 7) Rezoning #13-08 of 1932-1958 Senseny Road, submitted by Painter -Lewis, P.L.C., to rezone 3.93 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for a Commercial Project that may include a Pharmacy. The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656) in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-196, 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4 and 65A-2-1-5. Mr. Ruddy........................................................................................................................ (D) 8) Rezoning #15-08 of Adams Commercial Center, submitted by Greenway Engineering, to revise proffers associated with Rezoning 902-05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. The property is located north of the City of Winchester, fronting on the west side of Martinsburg Pike (Route 11), opposite the intersection with Stephenson Road (Route 664) in the Stonewall Magisterial District, and is identified by Property Identification Number 44.A- 75. Mrs. Perkins..................................................................................................................... (E) 9) Rezoning #10-08 for Governors Hill, submitted by Patton Harris Rust & Associates, to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11-05. The Property Identification Numbers are 64-A-83, 64 -A -83A, 64-A-84, 64-A-85, 64-A-86 and 64-A-87 and the properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District. Mrs. Perkins..................................................................................................................... (F) PUBLIC MEETING 10) Master Development Plan #08-08 for Governors Hill, submitted by Patton Harris Rust & Associates, for Mixed Use Commercial/Residential. The Property Identification Numbers are 64-A-83, 64 -A -83A, 64-A-84, 64-A-85, 64-A-86 and 64-A-87 and the properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District. Mrs. Perkins..................................................................................................................... (G) 11) Waiver Request of James and Linda Michael of Frederick County Subdivision of Land, Chapter 144, Article V Design Standards, Section 31 Rural Subdivisions, (C) (3), Minor rural subdivisions, to enable division of a parcel of land on a right-of-way less than 50 feet. The property is located approximately 2,901 feet east of Cedar Creek Grade (Route 622) on Fawcett Run Lane, in the Back Creek Magisterial District, and is identified by Property Identification Number 72 -A -29G. Mr. Cheran....................................................................................................................... (H) 12) Appeal Decision of Zoning and Subdivision Administrator to Allow Direct Vehicle Access to a Major or Arterial Road For Matthew Carroll and Roger Carroll, submitted by Michael E. Briel, Esquire, for a waiver exception of Article V Design Standards, §144-17 Streets, B(1) Street Layout, of the Code of Frederick County, Subdivision of Land. The property is located at 115 Winterberry Court, Oakdale Crossing Subdivision, and is identified with Property Identification Number 54I-2-65 in the Shawnee Magisterial District. Mr. Cheran........................................................................................................................ (I) 13) Other C� • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 19, 2008. PRESENT: June M. Wilmot, ChairmanRviember at Large; Roger L. Thom?s, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; H. Paige Manuel, Shawnee District; Lawrence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Cordell Watt, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Greg L. Unger, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Commissioner Kriz moved to adopt the November 19, 2008 Planning Commission Agenda for this evening's meeting. This motion was seconded by Commissioner Ours and unanimously passed. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously approved the minutes of the October 1, 2008 meeting. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Kriz reported that the CPPS discussed the CIP (Capital Improvements Plan) requests and forwarded a recommendation of approval to the Planning Comrrilssion. Frederick County Planning Commission ; Minutes of November 19, 2008 N Page 2377 -2— Natural Resources Subcommittee Colmruss oner Kriz reported that the Natural Resources Subcommittee is moving forward on the final reviews of their proposal before sending it to various agencies for comments. Historic Resources Advisory Board (HRAB) -11/18/08 Mtg. Commissioner Oates reported that the HRAB had a guest speaker, the Chairman of the Frederick County Planning Connmission, June Wilmot, who presented the revised layout for the History Section of the Comprehensive Policy Plan. He said the HRAB had the opportunity to review the latest format_ Commissioner Oates added that following Ms. Wilmot's presentation, there was discussion on getting comments back in and having everything ready to go in January. He said the HRAB also discussed the history section a little further. Winchester Planning Commission (WPC) -11/18/08 Mtg. Conmussioner Ours reported that the Winchester Planning Commission acted on several public hearings: 1) Approved a request by Shenandoah Mobile Company to construct a wireless communications tower at 2625 Valley Avenue. Commissioner Ours pointed out this was either their second or third tower that for all intents and appearances is a flag pole, he said it flies a flag and it's a cellular tower. 2) Approved an ordinance amending one of the articles of the Winchester Zoning Ordinance pertaining to exclusions in the Historic District. He said the ordinance basically states that if someone has Federal or State approval to do something in the Historic Area, it will not require additional local approval. 3) Modified a section of the ordinance to extend special exemptions from off-street parking and loading requirements for the West Clifford Street area. 4) Administrative authorization for the Winchester Medical Center's East parking Garage; improvements to the Handley Bowl at Handley High School; and improvements to Pall Mall Corners on Pall Mall Street. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak_ PUBLIC HEARING Rezoning Application #04-08 of Red Hawk Estates, submitted by Painter -Lewis, PLC to rezone 85.3 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for up to 240 residential units. The properties are located north and south of Sulphur Spring Road (Rt. 656) and east of Greenwood Road (Rt. 655). The properties are further identified with P.LN.s 65-A-86, 65 -A -86B, 65-A- 98, 65-A-102, and 65 -A -102A in the Shawnee Magisterial District. Frederick County Planning Commission Minutes of November 19, 2008 Page 2378 -3 - Action - Tabled Indefinitely at Applicant's Request Chairman Wilmot asked the Planning Commission's legal counsel, County Attorney Roderick Williams, to review the legal issues faced this evening with regard to the applicant's request to table and the Commission's prerogative concerning that request. Mr. Roderick Williams, Frederick County Attorney, stated the Commission originally heard this rezoning application on August 6, 2008 and tabled the application for 45 days following a failed motion to deny the rezoning request. The Commission then received a letter, dated August 29, 2008, from the applicant reW-,estmg that the application be tabled further. Mr. Williams said the Commission passed a motion on September 17, 2008 granting the applicant's request, which rolled the matter over to tonight's meeting, November 19, 2008. Mr. Williams said the applicant has now requested a further tabling. He said this matter is governed directly by the Commission's own bylaws and specifically Bylaws Section 8-3-9-2 which states, "the applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time." Mr. Williams believed that the applicant's request was, therefore, beyond the scope of the Commission's own bylaws. Mr. Williams continued, stating how this situation raised further issues as far as State Law and the Frederick County Code. He said State law does not necessarily require that the Commission actor not act on this matter this evening. However, the State law and the Commission's Bylaws do require the Commission to act on the matter this evening because there was no further leave allowed under the Commission's Bylaws for a tabling. He said reference has been made to the 90 -day provision of the County Code and the corresponding 100 - day provision of State Law which simply sets out the time within which the Commission must act; he said the Commission is certainly within its rights to decide to act sooner than what is stated within the bylaws. Mr. Williams next read Section 15.2-22-21 of the Virginia Code, which explicitly gives the Commission the power to govern its own affairs. Deputy Planning Director, Michael T. Ruddy, said it would appear as though there has been ample opportunity for the applicant to present the Planning Commission with a thorough and complete application. He said this application was informally presented to the County for review in early 2005 and the application was officially submitted to the County on October 10, 2006. He said since that time, the applicant had been working to provide the Commission with as complete of an application as possible. Mr. Ruddy said the result of this effort was presented at the Commission's August 6, 2008 meeting. He stated that staffhas not been provided any further changes to this application since the Commission's August 6, 2008 meeting. Mr. Ruddy continued, stating that while the property is located in the UDA, many of the impacts associated with this rezoning request have not been mitigated by the applicant. The impacts on County facilities have not been adequately addressed, in particular, the impact to the adjacent Sheriff Department's shooting range facility. Questions also remain with the Development Impact Model values and the triggers associated with the proffer statement language. In addition, the transportation impacts associated with the request are not fully addressed and the proffered transportation improvements aimed at mitigating the impacts are not sufficient to mitigate the anticipated impacts. Mr. Ruddy explained that the transportation improvements have not been provided in the same scale as the proposed development and these transportation issues remain a primary concern. Of particular concern was the lack of an agreement with the adjoining property owners to provide for a Channing Drive connection and access to Route 50. Mr. Stephen L. Pettler, Jr., with Harrison & Johnston, PLC, was representing Turner Enterprises, LLC, applicant for the Red Hawk Estates rezoning application. Mr. Pettler said prior to writing the August 29, 2008 letter to the Commission, he personally called Mr. Ruddy to explain the fact that discussions with Arcadia and Turner Enterprises to address the transportation impacts required more time. He said he and Mr. Ruddy Frederick County Planning Commission Minutes of November 19, 2008 Page 2379 -4 - discussed the fact the Commission had tabled the matter on their own motion and he asked Mr. Ruddy what was needed to have the application remain tabled. Mr. Pettler explained that the two principals at Arcadia were going back to their home office in California for a number of weeks and there were other issues involved which made them physically unable to discuss matters. Mr. Pettler referred the Commission to his letter, dated August 29, 2008, and said the letter is carefiilly worded a„ rd asks for the application to remain tabled on the motion of the Commission made on August 6, 2008. He also pointed out the memorandum prepared by Mr. Ruddy for the September 3, 2008 hearing in which this matter was brought to the Commission for consideration. Mr. Pettler said Meir. Ruddy's memo also states that the application was to remain tabled. Mr. Pettler next referred to the September 3, 2008 minutes of the Planning Commission in wNch this matter was brought up and addressed at the end of the meeting by the Chairman. He said the minutes state, "The Chairman announced that the representatives for Red Hawk Estates have requested a postponement of their September 17, 2008 return to the Planning Commission until November 19, 2008_ Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Planning Commission voted unanimously to postpone consideration of Red Hawk Estates until November 19,2008." Mr. Pettler said the Commission may consider this a very fine distinction, but it was not meant to be a tabling request by Turner Enterprises and it was upsetting to discover within the last two weeks that it was being interpreted as a tabling request. Mr. Pettler next provided further details on his conversations with Mr. Ruddy and the dates the application was scheduled to be on the Commission's agenda. Mr. Pettler said he was not at liberty to publicly discuss the nature of negotiations between Arcadia and Turner Enterprises because they have changed dramatically and it would be prejudicial to both parties to elaborate. He said it will not change the number of units or uses, impacts or traffic; however, it would place the application in a different context. Mr. Pettler said they cannot change the proffers because they have not finalized this agreement with Arcadia. He said this all occurred within the last few weeks and the applicant is not ready tonight to go forward. Mr. Pettler continued, stating the reasons why he disagreed with Mr. Williams' interpretation of the Planning Commission's Bylaws and he referred to several sections of the Bylaws which he believed supported his views. Referring to Section 8-3-9-3, Mr. Pettler said if a matter has been tabled for an unspecified period of time and the applicant has waived their right to be heard within 90 days, two things are required: 1) the applicant asks in writing to be placed back on the agenda; and 2) the application is re -advertised for a public hearing. He believed it was clear the applicant had not asked to be placed on this evening's agenda. Mr. Pettler said he and his client discussed withdrawing the application; however, the reason why that is not a viable alternative is it would necessitate a re -filing fee, which for this case was in excess of $12,000. He said it would also necessitate_a new traffic impact analysis even though all the other engineering aspects of this project would remain unchanged. Chairman Wilmot next called for public comments and the following persons came forward to speak: Mr. Walter Cunningham, a resident at 1366 Greenwood Road in the Shawnee District, expressed safety concerns associated with increased traffic and the 90 -degree turns on Greenwood Road. He said an earlier plan for Red Hawk Subdivision showed a straight Greenwood Road coming to a "T" intersection with Sulphur Springs Road. However, when this same rezoning came before the Commission some 90 days ago, he was dismayed to see a curved Greenwood Road back in the plan leading to a planned Channing Drive. Mr. Cunningham said he has lived near these 90 -degree turns since 1963 and has seen many accidents due to the sharp curves, even accidents with fatalities. He said the citizens must live with this curved and over -traveled road, with the added burden of traffic generated by this subdivision. Mr. Cunningham believed that safety issues and infrastructure needed to be corrected as the development occurs_ He commented that gasoline tankers are now traveling this road and it takes the entire road to bring a tanker around these curves. He was concerned about the possibility of a vehicle and tanker collision, which could result in a fire. He commented that a fire from a tanker Frederick County Planning Commission Minutes of November 19, 2008 Page 2380 of this size would take several houses, and his house could be ones Mr. Cunningham asked the Commission to take a close look at the safety of this application. He urged the Commission to vote for denial based on the lack of safety awareness in the proposal. Mr. john Shuman, a resident at 1365 Greenwood Road in the Red Bud District, said he spoke about the traffic safety issues in August and the need for straightening Greenwood Road. He said afterward, he noticed the Country's road plan had changed and Greenwood was supposed to connect with Charining Drive. Mr. Shuman said if Greenwood Road was straightened, it would solve a major problem. He said Greenwood Road is frequently traveled and he asked the Commission to look at how many accidents have taken place along this section of Greenwood Road. He read a section of the Comprehensive Policy Plan which stated, "...specific information on accidents, at particular intersections and along identified corridors, should be obtained and considered as a part of the reviewing process for land development proposals." No one else wished to address the Commission and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Thomas said the Commission has an application that is incomplete and both the applicant and the Commission are not satisfied with it. He said if the Commission takes action and sends it forward to the Board, the only recommendation would have to be denial. He said the application could then be substantially different from when the Planning Commission reviewed it. Commissioner Thomas asked if there was a down side to tabling this application for 90 days, since the applicant waived the 90 -day rule. Commissioner Oates said the applicant knew the application was not ready at the August meeting, but wanted to proceed and that was one of the reasons he voted against tabling. Commissioner Oates said he did not like to see indefmite tabling and this application has been pending for two years. He believed it was time to put it to rest and send it to the Board. Commissioner Kriz asked if the Board had the option to send an application back to the Commission when considerable changes are made. He asked whether a motion could be made by the Commission stating if the application goes through considerable changes, the Board would send it back to the Planning Commission. Chairman Wilmot replied that the Board could perhaps look at the changes to see if it met the intent of what the Planning Commission was looking for. Commissioner Mohn stated that this situation exposes an unintended consequence of the Commission's Bylaws. He said when the Commission reviews the Bylaws again this year, it needs to carefully consider how some of these things can manifest themselves_ He questioned the issue of being mandated to send something forward that conceivably there is time to correct. Commissioner Mohn said this situation was a little disconcerting; he said if the Commission doesn't have any wiggle room, it's because it didn't provide for any. Commissioner Manuel believed that no matter which recommendation the Commission would send forward, this would come back as an incomplete application. He believed there was an alternative to table it for 45 days, but he was not clear whether it would be the action of the applicant or the Commission. There next ensued some discussion about whether the applicant had agreed to waive his 90 -day tabling allowance. Mr. Pettler said it was his and his client's intent to waive the 90 -day rule. He believed the Commission accepted this applicant's request because on August 6, 2008, the hearing was set for September 17, and then moved to November 19, 2008, which is more than 90 days. He said clearly, there has been a waiver by the applicant on the 90 -day rule because he was present this evening. Frederick County Planning CommissioPage 2381 Minutes of November 19, 2008 All Q. Commissioner Triplett asked Mr. Petler if 45 days would make much difference as far as his client's application. Mr. Petler replied he didn't think it would be a sufficient amount of time because of the holidays and they were dealing with a California company. There next ensued further discussion among the Commissioners on when the 90 -day rule and one-year rule begins. Commissioner Thomas asked if the Planning Commission could table the application indefinitely based on a request from the applicant with a provision in the tabling that it will not be brought back to the Planning Commission before the applicant requests it be put back on the Planning Commission agenda. He asked if this could be a legitimate motion. Mr. Williams believed that if the applicant agreed, it would seem to be within the Commission's purview. Mr. Petler stated that the applicant would waive and does waive the 12 -month, Section 165-11, requirement. In addition, Mr. Petler believed six months was plenty of time because of the context in which the application was going to be in; however, he was hesitant to name a date because of the unforeseen nature of what has already occurred. Commissioner Manual made a motion to table Rezoning Application 404-08 for an indefinite period of time at the applicant's request. This motion was seconded by Commissioner Thomas and passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission, by a majority vote, does hereby table Rezoning Application '04-08 of Red Hawk Estates, submitted by Painter -Lewis, PLC to rezone 85.3 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers for an indefinite period oftime at the applicant's request. The majority vote was as follows: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Ruckman, Manuel, Ambrogi, Wilmot NO: Watt, Oates (Note: Commissioner Unger was absent from the meeting.) OTHER PLANNING COMMISSION BYLAWS Chairman Wilmot raised the issue of communication between applicants and the Planning Commission with regards to tabling or other actions applicants may seek in terms of their applications. Commissioner Thomas said that one of the original purposes for including the 90 -day time frame for tabling in the Bylaws was because there was a time when a number of applicants were coming in and depending on how many citizens were present to speak in favor or in opposition to their application, they would seek a tabling. Commissioner Thomas said they would do that three or four times until finally, they wore the public out and the public stopped coming to the meetings and it appeared no one was against the application. Commissioner Thomas said the 90 days served a purpose at that time, but the Commission may have to re- evaluate it again because serving the one purpose may have hampered another purpose. He still believed something needed to be within the bylaws to prevent an applicant from just continually delaying an application. Frederick County Planning Commission Minutes of November 19, 2008 Page 2382 -7 - ADJOURNMENT Upon motion made by Commissioner Kris and seconded by Commissioner Ours, the meeting adjourned at 7:50 p.m. by a unanimous vote. Respectfully submitted, Jure M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of November 19, 2008 Page 2383 C • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Eric R. Lawrence, A1CP, Planning Director'/ SUBJECT: Election of Officers, Committee Appoint;rrents, Meeting Schedule DATE: December 16, 2008 EL,E(,-TION OF OFFICERS FOR 2009 :'fit the first meeting of each year, the Planning Commission elects a Chairman, Vice Chairman, and Secretary. These three Planning Commission officers assurne office immediately, and hold such office for the duration of the calendar year. For each office, the Commission will: operk the nominat ons; accept noriiinations: close nominations; and vote to fill the off cer position.. ADOPTION OF MEETING SCUEDtiLE FOR 2009 At the First meeting of each year, the Planning Commission adouts their meeting schedule for the ensuing year. Historically, the Commission has held meetings on -the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Sapervisors meeting room; the Comprehensive Plans & Programs Subcommittee meets on the second Monday of each month at 7:00 p.m. in the first floor conference room; and the DeveloprneDt Review & Reguiations Subcommittee meets on the fourth Thursday_ of each nionth at 7:00 p.m. in the first floor conference room. COMMITTEE ASSIGNMENTS FOR 2009 At the first meeting of each year, the Chairman appoints the membership for the Comprehensive Plaris and Programs Su > co.rnmiftee (CPPB) and the Development Review & Regulations Subcorrmittee (DRRS). ''Tho Chairman also appoints a Plaaiiing 107 North Kent Street, Suite 202 Winchester, Virginia 22601=5000 Memorandum: Elections, Appointments, and Meeting Times December 16, 2008 Page 2 of 2 Commission liaison to the: Transportation Committce (TC); Historic Resources Advisory Board (HRAB); Economic' Development Commission (EDC); Frederick County Sanitation Authority (FCSA); and the Winchester Planning Commission. PLANNING COMMISSION BY-LAWS FOR 2009 At the first meeting of each year, the Planning Commission adopts their Byla:vs, and Roles and Responsibilities for the ensuing year. These documents are attached. Please contact staff should you have questions. Attachment: Proposed 2009 Planning Commission Bylaws Proposed 2009 Planning commission Roles and Responsibilities Proposed 2009 Planning Commission meeting dates, and application deadlines PIJ A NNING COMMISSION BYLAWS County of Frederick, Virginia Considered January 7, 2009 -Version 120308 - ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission". ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Vir inia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 165 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 165 of the Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. Page 2 PROPOSED Planning Commission Bylaws Considered January 7, 2009 ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. Page 3 PROPOSED Planning Commission Bylaws Considered January 7, 2009 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice- chairman. Page 4 PROPOSED Planning Commission Bylaws Considered January 7, 2009 ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 5-4 Members of the committees may be Commission members, employees of the County, or citizen volunteers. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex -officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee with current and past Commission members serving as members of that committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific annual responsibility of the parent committee. One executive committee member will serve as liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the chairman of the Committee with concurrence by the Commission Chairman. 5-9 The committees may establish ad-hoc groups to assist in specific, carefully -defined tasks for a limited period of time. Important considerations for membership on the ad-hoc group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. Page 5 PROPOSED Planning Commission Bylaws Considered Tanuary 7, 2009 ARTICLv VI - COMMISSION MEETINGS 6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued -should- the Chairman declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an agenda at least five days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950, as amended. 6-5 Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order. 8-1-2 Adoption of the Agenda. 8-1-3 Consideration of Minutes. Page 6 PROPOSED Planning Commission Bylaws Considered January 7, 2009 8-1-4 Committee Reports. 8-1-5 Citizen Comments on Items not on the Agenda. 8-1-6 Public Hearings. 8-1-7 Public Meetings. 8-1-8 Planning Commission Discussion. 8-1-9 Other. 8-1-10 Adjournment. 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application's Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: 8-3-4-1 Report by County Staff. 8-3-4-2 Presentation by Applicant. Page 7 PROPOSED Planning Commission Bylaws Considered January 7,2_0019 8-3-4-3 Citizen Comment. 8-3-4-4 Applicant Response. 8-3-4-5 Staff Summary. 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950 as amended, or the Code of Frederick County. In other cases, the chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90 -day period (Section 165-10 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start at the date of the first completed Page 8 PROPOSED Planning Commission Bylaws Considered January 7, 2009 public hearing 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to table agenda items 45 - days (less if reaching the limits of Section 165-10) for any one of the following: A) The agenda item does not meet the requirements of the Code of Virginia 1950 as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant within twenty-one (21) days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. F) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 8-3-9-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Planning Commission once the Page 9 PROPOSED Planning Commission Bylaws Considered January 7, 2009 following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-10 Work sessions 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and the meeting shall be adjourned by 11:00 P.M. In the instance that an item begun before 10:34P.M. has not been acted on by the 11:00 P.M. hour, the Commission may, by majority vote, lift the adjournment time until a recommendation has been made, or such earlier time, after 11:00 P.M., as the Commission may fix. Page 10 PROPOSED Planning Commission Bylaws Considered January i, 2009 ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By -Laws will be adopted. FREDERICK COUNTY PLANNING COMMISSION ROLES AND RESPONSIBILITIES Considered danu_ary 7, 2009 - version 120308 - This document has been prepared to assist Frederick County Planning Commissioners in understanding what their role and responsibilities are in the myriad of activities that they accept as a member of the Planning Commission. This compilation is a companion document to the Commission's By -Laws. APPLICATION COMMUNICATIONS There are three primary sources of information gathered by and weighed by the Planning Commission in order to make quality planning recommendations to the Board of Supervisors. They are ex -parte communications, staff reports and public input. -Parte Communications: Individual meetings between Commissioners and an applicant/developer regarding a specific application shall follow the Virginia Freedom of Information Act. During this discussion or at any other time prior to action taken by the Commission on the application, a Planning Commissioner should make no commitments or endorsements. Any new written materials provided by the applicant to any one Commissioner shall be made available to all commissioners and staff by the applicant prior to the application appearing on the agenda. To not do so may result in the application being tabled at the Planning Commission public hearing. Staff Application Briefings/Work Sessions: Prior to the first public hearing being held, staff will 'hold a briefing for the Planning Commissioners, with an invitation extended to the Board of Supervisors to participate, regarding any application deemed sufficiently complicated / controversial to warrant detailed explanation. The purpose is to apprise the Commissioners regarding the details of the application, both those items that meet the ordinance and those that do not. This provides the opportunity for the Commissioners to have a common understanding of the application prior to the public hearing. The decision to hold a briefing on a specific application will be made jointly by the Director of Planning and the Chairman of the Planning Commission. In addition to complexity, the application shall be basically complete prior to scheduling the briefing. The Planning Commission may request a work session for an application which, after the first public hearing is concluded, is subsequently tabled. The purpose of the work session Page 1 of 3 is to discuss amongst each other and with staff details of the application, any revised proffers provided or anticipated by the applicant, and other improvements which could be made to the application. For either a briefing or a work session: -The applicant should attend, but will not have an active role. The format of a Planning Commission work session as identified in paragraph 8- 3-10 of the Commission's By -Laws will be used. -In no case will the legal timeline for consideration before the Planning Commission be changed. Public Hearing/Meeting: Efficient and effective public hearings are an essential part of enabling the Commission to make reasoned recommendations to the Board of Supervisors. Every attempt will be made to obtain focused and broad representation of opinion or information from the public. When possible, specific time limitations will not be used. However, both rules of order as well as time constraints most appropriate for the specific application will be implemented when there is either large interest in or controversy regarding an application. One constant during this process on both the part of the public, the applicant and the Commission itself is civility and respect for information offered or a differing opinion. Deviation from this behavior is unacceptable. COMMISSIONER DEVELOPMENT: Each Commissioner shall be committed to preparing for and keeping knowledge current in order to do the most effective job for the community. New initial appointees should strive to obtain Planning Commissioner certification from an acceptable training program within the first year of appointment. This training is supported by the Planning Department budget Further continuing education through many offerings should be pursued and will be supported by the Planning budget as possible. These opportunities should be shared amongst the number of Commissioners who are serving. Examples include CPEAV's annual meeting, other special offerings as well as the American Planning Association's readings and meetings. A library is maintained by the Planning office. Page 2 of 3 COMMISSIONER ATTENDANCE Commissioners are expected to participate in 80% of the regularly scheduled meetings per year. Members who cannot attend a meeting due to illness, business, other governmental or family reasons should notify the Conunission Chairman and/or staff Administrative Assistant prior to the scheduled meeting in order for the absence to be noted. It may affect quorum considerations. Especially essential is preparation and readiness for each of the Commission's meetings in order to use not only the Commission's but the staff's and public's time wisely. COMMISSION COMMITTEE ASSIGNMENTS: Appointments .to a Commission committee or liaison assignments are made by the chairman and shared by the membership. Generally, they involve a once per month meeting. CONFLICT OF INTEREST: Each Commissioner needs to be familiar with Commonwealth of Virginia information on conflict of interest. If a Commissioner is unsure if there is conflict, the County Attorney is the correct resource. Upon determination that there is or might be perceived to be a conflict, the Commissioner should state immediately after the agenda item is read that recusal action is necessary (with, preferably, stating the reason) then step down from the dais until the item is concluded. PUBLIC REPRESENTATION: Commissioners are citizens, too. If there is a public item that is of interest, the Commissioner should participate, but not identify themselves as members of the Frederick County Planning Commission unless acting in an official capacity and directed to do so. Implied endorsements by the Commission should be avoided. Page 3 of 3 PLANNING COMMISSION CUT-OFF DATES FOR 2009 ....... ................ .. .......... .............. OW ... ............... . .......... in ........... --- GO T90 WEN ....................... ........ ---- ---------- ........ .. . ... . ---------------------- ---- ------- -------- -- ,, -------------- TA -----------N -- - ---- --- -- CUT-_ -- - ---------------- -- ------ - --- 4 .... -------- ---- - ----- ----- ...... --- --- .. -. -- .......... ..... ..... 01/07/09 12/12/08 12/15/08 12/19/08 12/17/08 i 12/22109 01/21/09 12/23108' 12/2-W908 12/31/08* 12/31/08 01/05/09 02/04/09 01/09/09 01/12/09 01/16/09 01/14/09 01/20/09* 01/23/09 02/18/09 01/23/09 01/216109 01/30/09 01/28/09 02/02/09 02/06/09 03/04/09 02/06/09 02109/09 02/13/09 02/11/09 02/17/09* 02/20/09 03/18/09 02/20/09 02/23/09 02/27/09 02/25/09 03/02/09 03/06/09 04/01/09 03/06/09 03/09/09 03/13/09 03/11/09 03/16/09 03/20/09 04/15/09 03/20/09 03/23/09 03/27/09 03/25/09 03/30/09 04/03109 05/06/09 04/10/09 04/13/09 04/17/09 04/15/09 04/20/09 04/24/09 05/20/09 04/24/09 04/27/09 1 04/30/09* 04/29/09 05/04/09 05/08/09 06/03/09 05/08/09 05/11/09 05/15/09 05/13/09 05/18/09 05/22/09 06/17/09 05/22/09 05/26/09* 05/29/09 05/27/09 06/01/09 06/05/09 07/01/09 06/05/09 06/08/09 06/12/09 06/10/09 06/15/09 06/19/09 07/15/09 06/19/09 06/22/09 06/26/08 06/24,109 06/29/09 07/02/09* 08/05/09 07/10/09 07/13/09 07/17/09 07115/09 07/20/09 07/24/09 08/19/09 07/24/09 07/27/09 07/31/09 07/29/08 08/03/09 08/07/09 09/02/09 08/07109 08/10/09 08/14/09 08/12/09 08/17/09 08/21/09 09/16/09 08/21/09 08/24/09 08/28/09 08/26/09 09/31/09 09/04/09 10/07/09 09/11/09 09/14/09 09/18/09 09/16/09 09/21/09 09/25/09 10/21/09 09/25/09 09/28/09 10/02/09 09/30/09 10105/09 10/09/09 11/04/09 10/09/09 10/13/09* 10/16/09 10/14/09 10/19/09 10/23/09 11/18/09 10123/09 10/26/09 10/30/09 10/28/09 11/02/09 11/06/09 12/02/09 11/06/09 11/09/09 11/13109 11/10/09* 11/16/09 11/20/09 12/16/09 11/20/09 11/23109 11/25/09* 11/25/09 11/30/09 12/04/09 01/06/10 12/11/09 12/14/09 12/18/09 12/16/09 12/21/09 12/23/09* 01/20/10 12/23/09* 12/28/09 12/31/09* 12/30/09 01/04/10 01/08/10 02/03/10 01/08/10 01/11/10 01115110 01/13/10 01/18/10 01/22/10 02/17/10 01/22/10 01/25/10 01/29/10 01/27/10 02/01/10 02/05/10 *Adjusted Date Due to County Holiday Printed on December 2, 2008 REZONING APPLICATION #f4-08 Proffer Revision SOVEREIGN VILLAGE Staff Report for the Planning Commission Prepared: December 191210000 Staff Contact: Eric R.-Lawrence, AZCP, Director of Planning This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission an" the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL: To revise proffers associated with Rezoning # 15-99, section titled Recreation Center and applicable to 3.03 acre parcel. The proffer revisions propose modifications to the Sovereign Village Recreation Center. LOCATION: The property is located at the southwestern corner of the intersection of Rossmann and Farmington Boulevards, within the Sovereign Village subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65H -13A -26A PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP Residential Performance Use: Vacant South: RP Residential Performance Use: Residential East: RP Residential Performance Use: Residential West: RP Residential Performance Use: Residential PROPOSED USES: Recreation Center with a swimming pool and bathhouses Rezoning #14-08 — Sovereign Village December 19, 2008 Page 2 REVIEW EVALUA'T'IONS: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within this proffer revision site as A-2 (Agricultural General) DiSiict. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the Comprehensive Amendment to the County's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. This December 8, 1999 approval established the subject 3.03 acre Recreation Center site as RP (Residential Performance). This property was originally Master Planned with MDP #08-2000 which was for the entire Channing Land Bay. The original MDP for the Channing Drive project included the developments now known as Lynnhaven, Twin Lakes, and Sovereign Village. A MDP specifically for Sovereign Village was approved on July 9, 2007; the Recreation Center site was depicted on this Sovereign Village MDP. The present request to revise the proffers of REZ#15-99 would only apply to the 3.03 acre Recreation Center site. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11. The submitted proffer revision furthers the policies of the Comprehensive Policy Plan. 3) Intended Use The revised proffers would provide for the construction of a swimming pool, and clarify the size and scope of the previously proffered Recreation Center. The site will no longer contain the previously proffered 3,000 square foot community building. 4) Proffer Statement - Dated December 11, 2008 and Revised December 12, 2008 The signed proffer statement commits the applicant to construct a Recreation Center by July 4, 2009. The proffer further defines the amenities that will be included in the Recreation Center, such as a: Rezoning #14-08 — Sovereign Village December 19, 2008 Page 3 • 30 foot by 50 foot swimming pool o Zero depth entry for handicap ramp o Pool depth, excluding handicap ramp, to range from three feet to five feet o Two 50 foot lap lanes ® Pool decking surrounding pool surface, sized appropriately for size of pool © Two bathhouses with changing areas, toilets, and sinks. Sized appropriately for pool • Covered breezeway with check-in counter • Wrought iron -look fence around pool decking, adjoining to bathhouses and entrance breezeway • Four no -maintenance decking picnic tables on remaining foundation, unfenced • Enclosed and secured storage area for pool supplies • No Multi-purpose court • Applicant will own and operate pool until at least January 1, 2011 • First right of refusal for ownership transfer given to Sovereign Village Homeowner Association (SVHOA) for $0 fee simple, no sooner than January 1, 2011 o Records and accounting of monies and time required to run pool given at offer time to SVHOA for review during 90 -day decision period o SVHOA will accept or decline ownership within 90 days of offer. If approved, this proffer as described above would replace the recreation center proffered in the original Channing Drive rezoning, REZ# 15-99. STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This rezoning application to revise the proffers associated with the composition of the Recreation Center appears to be in compliance with the Comprehensive Policy Plan, and continues to meet the intent of the originally proffered Recreation Center. The proposal recognizes the interest of the residences in the Sovereign Village community, acknowledges the community facilities under construction as part of the Greenwood Mills Elementary School, and further defines the features of the proposed Recreation Center. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. @� J y p m j tY 1� 4 n Village I�WOODROW_RD�2__'-_-\\\\ \ WALES C7�/ -Zoning�11 REZ#14-08 PIN: 65H - 13A - 26A _CANYON Rw Ml (Industrial, Light District) RP (Residential Performance District) N wa 0 75 150 300 Feet t t t I — Future Rt37 Bypass Zoning ZDnin Case Plattner: En `44' h � REZ1408 �_Soverei nViila e BI (Business, Neighborhood District) M2 (Industrial, General District) Im M111 (Mobile Home Community District) ;.m t .._ 1 i Buildings B2 (Business, General Distrist) 4W) MS (Medical Support District) oo z Urban pevelopmentArca � B3 (Business, Industrial Transition District ) R4 (Residential Planned Community Distract) j r ' ) SWSA 4W EM (Estractne Manufacturing District) i R5 (Residential Recreational Community District) - HE Education District ) i RA (Rural Area District) _ Ml (Industrial, Light District) RP (Residential Performance District) N wa 0 75 150 300 Feet t t t I December 12, 2008 Channing Drive—Sovereign Village Page 1 Revised Proffer CHANNING DRIVE -SOVEREIGN•VILLAGE PROFFER STATEMENT f (Proffer revision) REZONING: RZ# / -Obc/ RP Residential Performance District with Proffers to RP Residential Performance District with Revised Proffers PROPERTY: 3.03 acres +/- Tax Parcel 65H -13A -26A (herein after the "Property") RECORD OWNER: Manning & Ross Developers LLC APPLICANT: Manning & Ross Developers LLC PROJECT NAME: Sovereign Village Recreation Center ORIGINAL DATE OF PROFFERS: December 11, 2008 REVISION DATE: December 12, 2008 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 Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approved Rezoning Application it /q -o g for the rezoning of 3.03+/- acres from the RP Residential Performance with Proffers to establish the 3.03 +/- acres of RP Residential Performance with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the 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. The proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as land owned by Manning & Ross Developers LLC, being a 3.03 acre +/- parcel located in the Sovereign Village subdivision, at the southwestern corner of the intersection of Rossmann and Farmington Boulevards, and identified by Tax Parcel # 65H -13A -26A. December 12, 2008 Page 2 Recreation Center Channing Drive—Sovereign Village Revised Proffer The applicant hereby proffers to construct a recreation center which achieves the following criteria: • 30 foot by 50 foot swimming pool o Zero depth entry for handicap ramp o Pool depth, excluding handicap ramp, to range from three feet to five feet o Two 50 foot lap lanes • Pool decking surrounding pool surface, sized appropriately for size of pool • Two bathhouses with changing areas, toilets, and sinks. Sized appropriately for pool • Covered breezeway with check-in counter • Vvirought Iron -look fence around pool decking, adjoining to bathhouses and entrance breezeway • Four no maintenance decking picnic tables on remaining foundation, unfenced • Enclosed and secured storage area for pool supplies • No Multi-purpose court • Recreation center will be available for use by July 4, 2009 • Applicant will own and operate pool until at least January 1, 2011 • First right of refusal for ownership transfer given to Sovereign Village Homeowner Association (SVHOA) for $0 fee simple, no sooner than January 1, 2011 o Records and accounting of monies and time required to run pool given at offer time to SVHOA for review during 90 -day decision period o SVHOA will accept or decline ownership within 90 days of offer. The above described recreation center will be constructed in lieu of the previously proffered Recreation Center from the Channing Drive rezoning (RZ# 15-99). December 12, 2008 Page 3 Signatures Channing Drive - Sovereign Village Revised Proffer The conditions rr^ffered above shall binding upon heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. 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: Manning & Ross Developers LLC ``\��+1111111►I1////�/i By: SIOV' OF MRGM COMMISSION / # 311949 David M Lison, Mana e�t0lanning &Ross, Developers LLC %, ^' X031 -Z = Commonwealth of Virginia t) ounty of 11 To Wit: The foregoing instrument was acknowledged before me this day of LC 2008 By C( V f k4a d � My Commission expires Notary Public Manning & Ross Developers LLC \\`\`\\sMll,�/,/'/,/ By: �. 'O.• �Mlssioti :s0''� 0 �i COMMOPJWEALT.i OF VRGHA VA COMMISSIO14 # 311949 ZZ Gre Bancroft, manager, Manning & Ross, Developers LLC r� �0.3j _ �pU4 . • • �� Commonwealth of Virginia 11100" (City/county of `_-jihche-sTo Wit: The foregoing instrument was acknowledged before me this Z day of 2008 , n �p - �Iq �" My Commission expires lb'- -� �� Notaryublic Bev Dellinger From: barbaralewis [ourpond@visuallink.com] Sent* Friday, December 19, 2008 7:53 PM To: -ric Lawrence Sovereign Vifflage Home Owners Association PO Box 347 Winchester, VA 22604 — sovereig vn iilaaelioa@yahoo.com — 540-667-6177 December, 19, 19, 2008 To: Eric Lawrence, director of planning The Board of Directors of the Sovereign Village Homeowners' Association is able at this time to agree to the revisions in the proffer submitted to you on December 12, 2008. We look forward to having this recreation center opened in our community. Barbara Lewis Jay Moran Brit Reyes Rick Churchill Aaron Trompeter REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Fee Arnount Paid $ Toning Amendment,umber Date Received 1 ?C Hearing Date f `� t} BOS Hearing Date I Q The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Manning & Ross Developers LLC "Telephone: 540-723-9868 Address: PO Box 27 Winchester, VA 22604 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Dave Madison Telephone: 540-723-9868 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 12 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Greg Bancroft David Madison 6. A) Current Use of the Property: Vacant — Planned Recreation Site B) Proposed Use of the Property: Recreation Site — Swimming Pool 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See adioiner list Residential RP S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Southwest corner of Rossmann and Farmington Boulevards. Within the Sovereign Village Subdivision Property Identification Number 65H -13A -26A 13 9. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retai 1: Manufacturing: Restaurant: Warehouse: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition. the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planing Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: � J Owner(s): ( -2 Date: 1:A�a-fd Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified ofthe Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Property 465 -A -39B Name Property #65H -13A-1 - 10 Name Property #65H-1-1-1, 76, 64, 63, 62 Name Sovereign Village HOA POB 3478, 22604 Property #65H -1-1-76A Name Property # Name Property # Name Property # Name Property # Name Property # 15 • • J REZONING APPLICATION #13-08 1932-1958 SENSENY ROAD Staff Report for the Planning Commission Prepared: December 22, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Iliresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/28/09 Pending PROPOSAL: To rezone 3.93 acres from RP (Residential Performance) District to B2 (Business General) with proffers. LOCATION: The properties are located in the southeastern quadrant of the intersection at Senseny Road (Route 657) and Greenwood Road (Route 656). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-196, 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4 and 65A-2-1-5 PROPERTY ZONING: RP (Residential Performance) PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Retail South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Use: Residential PROPOSED USES: Commercial uses including a Pharmacy. Rezoning #13-08 —1932-1958 Senseny Road December 22, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: Email dated November 19, 2008: This email serves as a follow-up to our on-site meeting on November 5, 2008 to discuss the right turn lane off Senseny Road into CVS. Based on this meeting, VDOT is in agreement that the outer lane of the urban four lane divided road section can be used as a shared thru and right turn lane for this development. This decision was made after discussions of modifying the western entrance on Senseny to a right in only and altering the design so this movement is more channelized and unobstructed. Please note, this eliminates previous rezoning comment of requiring additional right-of-way for a dedicated right turn lane. Email dated 10/27/08: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 656 and 657. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Ervin 1932-1958 Senseny Road Proffer Statement dated July 2, 2008 address transportation concerns associated with this request. We offer the following: 1) The County's Eastern Road Plan calls for Senseny Road to be an urban four lane, divided road section (two thru lanes in each direction with median/center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane as required by VDOT design standards. Additional right-of-way will be required at right turn lane(s). 2) Extend Senseny Road median to Orrick Commons intersection. 3) The County's Eastern Road Plan calls for Greenwood Road to be an urban four lane, divided road section (two thru lanes in each direction with median/center left turn lane). Development plan as shown only provides one thru, as the outer lane is a right turn lane. Development needs to provide additional right-of-way dedication to accommodate future road section and right turn lane. 4) Sidewalk is shown off right-of-Nvay and as such will not be maintained by VDOT. 5) Easements should be provided for inter -parcel connectivity to adjoining parcels. Fire Marshall: Plan approval recommended. Department of Public Works: 1. Refer to A. Site Suitability, page 1: We concur with your statement that the proposed sites are suited for rezoning to the Business General District. Based on the proposed development plan, we anticipate that all ofthe existing single family dwellings and associated accessory buildings will be demolished. A note should be added to the site plan to indicate that asbestos inspections and demolition permits will be required prior to demolishing these structures. 2. Refer to F. Drainage, page 5: Drainage will be a big concern for the proposed site development. Every effort should be made to divert drainage away from the residential dwellings located behind and to the south of the proposed development. It should be noted that the Department of Conservation and Recreation will require the implementation of best management practices (BMP) to manage storm runoff. The design of the stormwater management facilities should include an evaluation of an existing culvert which crosses under Senseny Road and connects to the stormwater system associated with the Orrick Commons development. It appears that this culvert is located in front of parcel 65-A-214 and could possibly be used as a discharge point for a future BMP. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: The Authority has sufficient sewer and water capacity to serve this site. Rezoning 413-08 — 1932-1958 Senseny Road December 22, 2008 Page 3 Health Department: The Health Department has no objection to plans for this site. It appears public water and sewer will be utilized. if any wells or septic systems are found, please contact the Health Department for proper abandonment. Winchester Regional Airport: While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan_ should not impact operations at the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Frederick County Attorney Comments: It is my opinion that the revised Proffer Statement dated October 14, 2008 would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: 1. Proffer I (GDP) — This states that the applicant proffers the GDP for the purpose of identifying, among other things, "the location of the principal site access". As such, staff should be aware that Proffer 1 speaks only to the location of "principal" site access and does not actually limit additional access to the site nor, for that matter, does it limit the type of access (e.g., whether one or more entrances are to be right -in, right -out) at any location where access other than "principal" access might be included. 2. Proffer 4 (Maximum Floor Area) — Staff should be aware that the applicant is only proffering a possible building square footage limitation and is not proffering to exclude any particular B2 uses of the site. Therefore, the rezoning, if approved, would allow the site to be used for any 132 use, with the only practical use limitation being what use(s) could be fit within the particular site, which is approximately 3.93 acres in size and fairly elongated in shape. Along related lines, I would note that the GDP, unlike some of the other items included as information in the draft rezoning package, does not actually identify the structure(s) to be built, or even building footprint(s)/location(s). Also, the provision concerning allowance of greater building square footage lacks specificity as to what if any further square footage limit would apply upon the requisite TIA finding. Staff should be aware as well that any such TIA would be conducted by a consultant of the applicant's choosing, with no apparent role for the County to address the results of the TIA. 3. Proffer 7 (Historical Monument) - The proffer does not state a deadline by which the applicant shall complete construction of the monument. 4. Proffer 10 (Pedestrian Crossing of Senseny Road) — The proffer does not state who will make the determination that the crossing is required, how the determination will be made, whether the determination must be made within a particular time frame and the time frame within which the applicant must complete the improvement following a determination of its necessity. Planning Department: Please see attached Memorandum dated September 4, 2008, from Michael T. Ruddy, AICP, Deputy Planner. Planning & Zoning: 1) Site History In 2007, a portion of the property for which this rezoning being requested was subject to rezoning application RZ#11-07. This was a request to rezone 2.2 acres from RP to B2 with proffers for a pharmacy. Ultimately, this application was denied by the Board of Supervisors. Rezoning 913-08 — 1932-1958 Senseny Road December 22, 2008 Page 4 Transportation concerns were identified as a sign(cant issue at that time. Most spec f tally, the impacts of the site's traffic and circulation on the intersectionf Senseny Road and Greenwood Road and particularly the left turn movement onto westbound Senseny Road. This movement was identfed as creating a stacking issue that would negatively impact Greenwood Road. This current request differs from the original request in that three additional properties have been added to the application which provides the ability for the project to access Senseny Road at the existing signalized intersection of Orrick Commons. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies this property as being rezoned from A-2 (Agricultural General) to R-3 (Residential) with rezoning application 018-78. Subsequently, the residential zoning classifications were consolidated into the RP (Residential Performance) zoning district, the zoning which the property currently retains. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The site is not within the limits of any small area plans in the Comprehensive Policy Plan. The land use plan identifies the entire Senseny Road corridor for residential uses. However, the Plan (6-72) does call for neighborhood business uses in the vicinity of residential areas. Given this key intersection of Senseny Road and Greenwood Road, and the existing B2 zoned properties at this intersection, developing the south eastern portion of the intersection for neighborhood commercial development, if done in a compatible manner, would be consistent with the Comprehensive Policy Plan. While Senseny Road is not specifically a business corridor, the business design standards in the Comprehensive Plan are relevant to this application. The Plan calls for landscaping along the roadway, screening adjoining uses, and controlling the size, number and location of signs. Recently, The Frederick County Board of Supervisors approved the land use proposal for the urban areas of the County. This alternative form of land use provides a desirable choice for properties located within areas identified as potential neighborhood villages and urban centers. Rezoning #13-08 — 1932-1958 Senseny Road December 22, 2008 Page 5 This property is located in an area designated as a potential neighborhood village. Staff has encouraged this applications' consideration of the neighborhood village concept and the principles of new urbanism to the greatest extent practical. However, this is a not a requirement of the Comprehensive Plan, rather a choice that may be utilized by the applicant when considering the future development of a property. Regardless of the above comment, this property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. The general policies in the existing Comprehensive Plan, which call for high quality design and compatibility between uses and housing types, need to be followed. Given the lack of details concerning the physical construction of the property, the County should be confident that the commercial use of this property will be complementary with area and adjacent residential uses. Transportation The Eastern Road Plan of the Comprehensive Policy Plan designates Senseny Road as an improved major collector. This translates to a four -lane divided urban section, such as is being implemented with Warrior Drive within the Wakeland Manor development. The idealized intersection design in the Comprehensive Plan (6-15) illustrates appropriate features including raised medians with landscaping, landscaping along the edge of the right-of-way, and sidewalks. Greenwood Road adjacent to this property is designated as an improved minor collector road. The Frederick County Bicycle Plan designates Senseny Road as a short-term designated route. The applicant is implementing the Eastern Road Plan. On Senseny Road, an additional lane is being provided, as is a raised median across the frontage of the property providing additional access management. Greenwood Road is being improved to the standard identified in the Eastern Road Plan. Site Access and design. Access to the site is proposed via a full commercial entrance at the signalized intersection of the entrance to Orrick Commons on Senseny Road, and an additional right -in only entrance on Senseny Road. This additional restricted movement on Senseny Road is further promoted with the construction of a raised median that extends from Greenwood Road to the Orrick Commons intersection at the eastern edge of the property. A controlled right -in right -out entrance on Greenwood Road is also proposed. This entrance is also further controlled by a raised median within Greenwood Road. Several access concerns that were evident in the original rezoning appear to have been addressed in this new application. The connection to the existing Orrick signal on Senseny Road provides the ability to exit the site directly to Senseny Road rather than having all of the westbound Senseny Road traffic exit via the commercial entrance on Greenwood Road at the southern most point of their property. As noted elsewhere in this report, there was limited ability to accommodate a critical left turn westbound movement on northbound Greenwood Road at its intersection with Senseny Road. As a result, this had the potential to block access to Rezoning #13-08 — 1932-1958 Senseny Road December 22, 2008 Page 6 theproperty from southbound Greenwood Road. This issue was highlighted by VDOT and Staff during their review of the TIA and by the Planning Commission. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The property is the site of the historical Greenwood School House (DHR #34-421), one of only a few schools constructed of formed rusticated concrete block. Some other attributes of the school included a bell tower that sat on the roof as well as serving as a public school in the "Modern Expansion Era." The site has been used as a residence since the schools closure in 1942. The initial review of this application by the HRAB offered several suggestions to be considered to mitigate impacts on historic resources. Please see the attached letter dated February 26, 2007 which describes the original recommendations of the HRAB. The Applicant returned to the HRAB on April 17, 2007 and obtained their endorsement of the proposed rezoning with the construction of a historic monument to the Greenwood School House. A historical monument has been proffered by the Applicant. The construction will generally conform to the sketch included as part of this application (Exhibit 8). 4) Potential Impacts A. Transportation Traffic Impact Analysis. The updated TIA prepared for this application was based upon the development of a 12,900 square foot pharmacy, 4,000 square feet of Convenience Mart with pumps and an 8,000 square foot bank and evaluated the functionality of the Greenwood Road and Senseny Road intersection, the intersection of Orrick Drive and Senseny Road, and the site entrances. It was projected that the background traffic, in addition to the traffic generated by the proposed rezoning, would degrade the intersection. Transportation Program_ The Applicant's transportation program seeks to address the impacts identified in the TIA. Careful consideration should be given to the transportation impacts of the request as they pertain to Greenwood Road and its intersection with Senseny Road and the Orrick intersection. Overall, the function of the intersections and the level of service is significantly improved. This is achieved through a combination of intersection improvements, roadway improvements, and the location of the site's connections to Greenwood Road and Senseny Road. The Applicant's transportation program provides for the construction of improvements to Route 656, Greenwood Road, and Route 657, Senseny Road, across both road frontages of the property. This is to include right-of-way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. As depicted on Rezoning #13-08 — 1932-1958 Senseny Road December 22, 2008 Page 7 the Generalized Development Plan, the proposed improvements to Senseny Road implement the County's Eastern Road Plan. Access to and from Senseny Road has been restricted to a right -in only entrance with additional median separation as identified on the Generalized Development Plan. A right in right out commercial entrance is proposed on Greenwood Road. The application provides for the site's connection to the Orrick — Senseny Road intersection to occur with the initial development of the property. In relation to this issue and the request in general, the applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right- of-ways. The Applicant has sought to address inter -parcel circulation and access by proffering a fifty foot easement at the southeast corner of the site to allow for access for future redevelopment on the properties to the east of this parcel. Pedestrian accommodations have been provided across the properties' frontages and across Senseny Road. The provision of p edestrian accommodations at the Orrick entrance to the site and across Senseny Road in this location should be clarified B. Design Standards Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Signage, landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments (Orrick Commons) to ensure that this project fits in with the surroundings and context of this particular location. The above could be done in context with the historical character of the property and could also recognize the location as a potential neighborhood center. B. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. The Applicant has proffered a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. Previously, this amount was $1,000.00. 5) Proffer Statement — Dated July 2, 2008, Revised October 2, 2008 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan for the purpose of identifying the general configuration of the proposed commercial development; the location and form of the site access, the location of the proposed pharmacy, the location of the monument to the Greenwood School, the approximate location of inter parcel access easements, and construction improvements to Route 657 and 656. Rezoning #13-08 —1932-1958 Senseny Road December 22, 2008 Page 8 B) Land Use The Applicant has proffered the development of up to 30,000 square feet of commercial floor area, including the construction of a 13,225 square foot pharmacy. A five foot sidewalk has been proffered parallel to Senseny and Greenwood Roads. The building is proffered to be constructed using compatible building architectural style and materials and has limited the facades of the building to certain materials. Staff note: A, specific design, including building orientation, has not been provided. C) Transportation The Applicant has proffered frontage improvements on Route 656, Greenwood Road, and Route 657, Senseny Road, including right-of-way dedication and construction generally consistent with that identified on the Generalized Development Plan and required by VDOT. Access to and from Senseny Road has been provided by a full commercial entrance at the existing signal at Orrick and a restricted right -in only entrance to the west of this signalized intersection. Additional median separation is also provided along Senseny Road as identified on the Generalized Development Plan. A restricted right -in right -out commercial entrance is proposed on Greenwood Road. This entrance also has additional median separation. The Applicant has proffered to provide $25,000.00 for future transportation improvements within the Route 657 and Route 656 right-of-ways. The Applicant has proffered a fifty foot easement at the southeast corner of the site to allow for inter -parcel circulation and access for future redevelopment on the properties to the east of this parcel. D) Community Facilities The Applicant has proffered a monetary contribution in the amount $5,000.00 for impacts to fire and rescue services for the benefit of the Greenwood Fire and Rescue Company. E) Historical The Applicant has agreed to construct a monument on the site commemorating the Greenwood School. This monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown in Exhibit 8 of the rezoning application. STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This rezoning application is generally consistent with the Comprehensive Policy Plan, in particular, the long range transportation elements of the plan. In addition, it would appear as though the impacts associated with this request have been adequately addressed by the Applicant. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planninz Commission. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: John Lewis FROM: Michael T. Ruddy, AICP +` Deputy Director ` RE: Rezoning Notes — 1932-1958 Senseny Road, Ervin Development 2°a Effort DATE: September 4, 2008 The following additional points are offered regarding the 1932-1958 Senseny Road, Ervin Development Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. 1932-1958 Senseny Road, Ervin Development Rezoning — Additional Rezoning Notes. General. 'This property is located in a developing area that contains a number of established residential properties. Special consideration should be provided to ensure that the impacts to the adjacent residential properties are considered. Particular effort should be made to provide for enhanced design of the project to facilitate improved corridor appearance and the sensitive integration of the project into the surrounding community. Landscaping, lighting, and building layout and form should be carefully planned to ensure that this is achieved. Such design elements should seek to exceed those provided on other similar developments to ensure that this project fits in with the surroundings and context of this particular location. This could be done in context with the historical character of the property. Transportation. Proffer 2.b. addresses the design and construction of a right turn lane along the site's frontage to provide access to the site. This improvement should be considered the second lane improvement to Senseny Road that implements the ultimate U41) design section for 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1932-1958 Senseny Road, Ervin Development Rezoning — Preliminary Rezoning Comments September 4, 2008 Page 2 Senseny Road per the County's Eastern Road Plan. The design shown on the GDP provides for this. A right turn lane/taper should be evaluated at the sites main signalized entrance. The landscaped raised median shown in Senseny Road should be extended to the signalized intersection accessing the site and should provide for an appropriate length turn lane and pedestrian crossing accommodation. It is preferable that the GDP closely reflects what would be provided with the ultimate improvement of Senseny Road. This would also assist in limiting uncontrolled turning movements from the Senseny Road right in right out enhance. With regards to the design and construction of improvements to Greenwood Road, proffer 2.d. should provide for a more defined restriction on the turning and site access movements. Expanding the curb bump -outs and raised median, and raising the entrance splitter feature where striped on the GDP, would further define these movements. Proffer 2.e. addresses the construction of a full access commercial entrance aligning with the existing Orrick Commons entrance. The GDP shows the entrance offset from Orrick. Please try and align the entrances on the GDP. The addition of a small median similar to that provided at Orrick alone may help achieve this alignment as would a slight adjustment to the west. Also, at this entrance the pedestrian accommodations should be extended to the eastern property line. Proffer 9. addresses inter parcel circulation and access. It is anticipated that redevelopment may occur on the property to the south of this parcel along Greenwood Road. Inter -parcel circulation and access should be a greater consideration in this location. Proffer Statement. Proffer 4. Maximum Floor Area, is problematic in how it is written. I would suggest that you consider rewriting the proffer as follows: "The Applicant agrees to limit the gross commercial floor area that will be built on the 3.93 aces to 25, 000 square feet ". The additional language should be eliminated as it is tied to a future evaluation of the development's impact outside of a rezoning process. Alternately, base the current application and how the impacts will be addressed on the ultimate build out of the site. The previous request for the rezoning of this property provided for the potential relocation of the Greenwood Road commercial entrance to the south of its identified location in the future. This may warrant continued consideration to relieve the impacts along Greenwood Road. MTR/bad t �+:nm'44"w,,,,, 6Ex4'i r� r j — q� vaaa,alus7l� � f s" e. 657 1SEryS Ny ! IT iorEaww.�• r«�E rixoen .6 !r •� 3 '� moa sAnNruaE ^y'� si � _ 1 7 MCr 6E y !jA � E 6 len . ` 2 la � u.E wrEslaE ,swKE. evotEe. wwsr,�wex,s a.Nw,rtra, war.acva•,c t,wl - '�_ —�.. _ I , s r I t µiii��,111 VVVI0 75 150 300 Feet 1 1932 - 1953 Senseny Rd. Rezoning REZ#13-08 PINS: 55 - A - 196, 65A - 2 - 1, 65A - 2 - 1 - 2, 65A -2 -1 -3,65A -2-1-4,65A-2-1-5 i - TOP �� .• r ar � 4 . 657 ��,' • . 40ewo - AO.f i s f Alp- v., V iREENW000AVE � _ fir• �� >tE tea r 1� Future Rt37 Bypass Zoning Case Planner: Mike M2 (Industrial, General District) QREZ1308_1932-1958SensenyRd BI (Business, Neighborhood District) 4w MI -11 (Mobile Home Community District) Poll Buildings B2 (Business, General Distrist) 40 141S (Mediae) Support District) 4._ ®0 Urban Development Area B3 (Business, Industrial Transition District) 4ft R4 (Residential Planned Community District) SK'S.A EM (Extractive Manufacturing District) ! R55 (Residential Recreational Community District) IiCM HE (Higher Education District) j RA (Rural Area District) ' MI (Industrial, Light District) RP (Residential Performance District) 19'.3.2-1958 Senseny Rom Proffer Stal-A-Mr.nent Rezoning #: Property: 3.93 acres PARCEL ID's: 55-A-196, 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 Recorded Owner: Sandra Love, Power of Attorney, Kenneth L & Shirley B. Mason, Franklin B. Anderson, Donald E. Strauss Applicant: Mr. David Ervin Ervin Development Corporation 1830 Plaza Drive Winchester, Virginia 22601 Project Name Original Date of Proffers: Revision Date(s): Ervin Development Corporation 1932-1958 Senseny Road July 2, 2008 October 2, 2008 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com . Job Number: 00803015 PROFFER STATENrcNT PARCEL ID's: 55-A-1 96; 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 8-0!9 for the rezoning of parcels TM#'s 55-A-196, 65A -2-1,65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 from RP to B2, the use and development of the subject property shah be in strict conformance with the following conditions set forth in this proffer except to the exient that such conditi-ns may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 10/02/08, identified as "1932-1958 Senseny Road" and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed commercial development, the location and form of the site access, the location of the proposed pharmacy, the location of a monument to the Greenwood School, the approximate location of interparcel access easements, and construction improvements to Route 657 and Route 656. Please refer to the attached drawing named "GDP". 2.) Improvements to Route 657 and Route 656 The applicant will make the necessary road frontage improvements, as required by the Virginia Department of Transportation, to Route 657 (Senseny Road) and Route 656 (Greenwood Road) in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. The improvements will include: a) The dedication of land for the expansion of Route 657. The dedication will include approximately 7' parallel to the existing right of way along the full frontage of the site to provide a total right of way width of 80'; b) The design and construction of a right turn/ through lane eastbound on Route 657 and a raised median to prevent left turns from the site as required by VDOT; c) The dedication of land for the expansion of Route 656. The dedication will include approximately 3,300 square feet sufficient for the installation of additional lanes on Route 656 along the frontage of the site- d) The design and construction of a through lane and right turn lane northbound on Route 656 at its intersection with Route 657 and a raised median to prevent left turns from the site as required by VDOT; e) The design and construction of a full access commercial entrance aligning with the existing entrance to Orrick Commons and the required alterations to the existing traffic signal as required by VDOT. f) The design and construction of a right-in/right-out commercial entrance on Greenwood Road. g) The design and construction of a right -in only commercial entrance on Senseny Road_ page 2 PROFFER STATEMr-NT PARCEL ID's: 55-A-196; 65A-2-1, 65A -2-1-2,65A-2-1-3, 65A 2-1-4, 65A-2-1-5 3.) monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Greenwood Community Fire and Rescue Company the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 4.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 3.93 acres to 30,000 square feet. The amount of commercial area to be built will be determined through the site plan review process. 5.) Design Features The applicant agrees to construct a five (5) foot wide sidewalk running parallel with Route 657 and Route 656. The sidewalk will be maintained by the property owner(s). The sidewalk will be completed prior to the occupancy of any structure on the property. 6.) Monetary Contributions The applicant agrees to provide $25,000.00, for future transportation improvements within the Route 657 and Route 656 rights-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 7.) Historical Monument The applicant agrees to construct a monument on the site commemorating the Greenwood School prior to the issuance of the first certificate of occupancy for any building on the site. The monument will be constructed of materials from the original Greenwood School and generally conform to the sketch shown on the attached drawing titled "Greenwood School Monument" and dated April 13, 2007. The approximate location of the monument is shown on the Generalized Development Plan. The maintenance and upkeep of the monument will be the responsibility of the property owner. 8.) Building Design The proposed buildings shall be constructed using compatible architectural styles and materials. Design elements shall be compatible with Frederick County and will respect the continuity and character of the existing architectural fabric of the surrounding community. The principal fagade in addition to any fagade fronting Senseny Road and/or Greenwood Road shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or other high quality, long lasting masonry materials. Metal panels shall be prohibited as a construction material for buildings. page 3 PROFFER STATEML:NT PARCEL ID's: 55-A-196; 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 9.) Inter -parcel Circulation and Access The applicant agrees to provide access easements which will permit access through the site from all points of right of way access throughout the site and to adjacent parcels to allow for future redevelopment on the properties to the east and south of this parcel. The easements will be defined during the site plan process and recorded by the applicant upon approval by Frederick County. 10.) Pedestrian Crossing of Senseny Road The applicant recognizes that the ultimate width of Senseny Road at the intersection with Greenwood Road will be approximately 100 feet from the south side to the north side. The safe passage of pedestrians across Senseny Road is necessary and desirable. The applicant agrees to install pedestrian visual signals and controls, striping, and raised refuge islands as required to aid in the crossing of Senseny Road. These improvements will be installed prior to the issuance of the first certificate of occupancy for any building on the site and only in accordance with, and with the approval of, the Virginia Department of Transportation. 11.) Parcel Usage The applicant agrees to construct a pharmacy containing approximately 13,225 square feet and associated improvements on the southeast corner of the intersection of Senseny Road and Greenwood Road as generally shown on the GDP. page 4 PROFFER STATEME- i PARCEL ID's: 55-A-196; 65A-2-1, 65A -2-1-2,65A-2-1-3, 65A-2-1-4, 65A-2-1-5 The conditions proffered above shad be binding on the heirs, executors, administrators, assigns, and successors in the Interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these in addition proffers shall apply to the land rezoned aI Quuition to the other requirements of the Frederick County Code. Submitted By: Sandra Love, Power of Attorney City/County of C" Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this o7anof day of 0C-m6j&rZ , 200 page 5 Notary Public �'. �i Q �`r.O�MISSlO,V :. Notary Registration number: 'rJ�3 `/0? ZZ _ COMMONWEALTH _ OF VIRGINIA COMMI5SION 1' X160 c? My commission expires: �F d !. # 353426 -. 0�-31_2ooq. ti page 5 PROFFER STATEMEI. f PARCEL ID's: 55-A-196; 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 -m - Kenneth L. Mason Commonweaith Of Virginia. City/County of r r��J �� The foregoing fore oing instrument was acknowledged before me this a a nd day of 6�T0KP- 2001--\511ulii IV - •� COMMOALTH"„•:. - N o a ry P u b l iii = OF VIRGINIA _ -COMMISSION 353426 _ Notary Registration number: ,, y My commission expires: 3(, a00`� Shirley' Ma on th Of Virginia. Commonweal City/County of — Fkt 2F�� The foregoing instrument was acknowledged before me this �a " day of %)CTD,9-P,rZ _ , 200 Notary Public &ID 3 �Cx ,1-C0 M 1LTH .- OF VI111 RGINIA Notary Registration number. COMMISSION: # 353426 �� 0�.31.200q.•.•'". ��• My commission expires: l4//plgRY.�u$`�G page 6 PROFFER STATEMB, I PARCEL ID's: 55-A-196; 65A-2-1, 65A-2-1-2, 65A-2-1-31 65A-2-1-4, 65A-2-1-5 41�1-141 r Franklin B. Anderson City/County of hAt9FAY-r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this Wf d day of (5,,M6EK _ , 200 5 �lotary Public (votary Registration number: 3't�-3L/12�0 My commission expires: page 7 �\�5� i NIE 0`Z`G OMISSIpryF`ci'G�� +4. 2 4 COMMONWEALTH OF VIRG—I K COMMGSION — # 353x26 PROFFER STATEMEo� i PARCEL ID's: 55-A-196; 65A-2-1, 65A-2-1-2, 65A-2-1-3, 65A-2-1-4, 65A-2-1-5 Donald E. Straus/ City/County of rAIRF7/�� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this �zd day of &jygl,2 200 S Notary Public Notary Registration number: -�`�� My commission expires: 31 a06'�Y -� COMMONWEALTH OF vmGNW - COMMG SIpN # 353426 0/-d�-2D09.-'- 0�� IIPUB`\G0\��\\ EX! STI N PEDESTRIAN CROSSirvG IMPROVMENTS ®4 / APPROXIMATE 6 I LOCATION c --m SBC)EN1f' RQAD - STATE • DEDICATIEW Nlit ——\ r ' THRU AND RIGHT I t. TURN LANES RAISED MEDIAN PHARMACY + } v _ \ \ 2f RIGHT—IN/RIGHT—OUT ACCESS \ ---EXISTING RESIDENTIAL LOTS INTERPARCEL ACCESS EASEMENT l V 1 EXISTING RESIDENTIAL LOTS ORRICK COMMONS I R -O -W DEDICATION THRU/RIGHT TURN LAN\ )RAISED MEDIAN I �I COMMERCIAL ENTRANCE TRAFFIC SIGNAL ALTERATION SIDEWALK RIGHT ONLY ACCESS_S- _— — INTERPARCEL ACCESS EASEMENT II i I I I I 50' CAT. "B" BUFFER 25' INACTIVE BUFFER 25' ACTIVE BUFFER FULL SCREEN EXISTING RESIDENTIAL LOTS 60' 0' 60' W%mj%iii�d Scale 1' = 60 ft j CDU) COMMERCIAL ENTRANCE TRAFFIC SIGNAL ALTERATION SIDEWALK RIGHT ONLY ACCESS_S- _— — INTERPARCEL ACCESS EASEMENT II i I I I I 50' CAT. "B" BUFFER 25' INACTIVE BUFFER 25' ACTIVE BUFFER FULL SCREEN EXISTING RESIDENTIAL LOTS 60' 0' 60' W%mj%iii�d Scale 1' = 60 ft CDU) CL at a cl I J LLJ < 5 z �w 0 (� M w z (L UJ MEE g Ow SURVEY: U) N/A Z LLI RED 0803015 SCALE: DATE: 1 "=60.0' 10/02/08 LLL ©Ly GDP �_�o U N zWa w w Lu L Lu w � 0 s NC) N N O) U U +� co N 0) f� u) crf)(n N In tib 3 NI co N i D N .0 COCD w Q Q t II (D U CrL U iaf U)_ (1) Q U LLQa ®� a� Y 4) o 0 ' w , CDU) " z Of I J LLJ �w U z CD MEE Ow SURVEY: N/A N/A DRAWN BY: JOB NO. RED 0803015 SCALE: DATE: 1 "=60.0' 10/02/08 Drawing: GDP 1MIXA T ANALYSIS TATEMEN for Ervin Development Corporation 1932 -1958 Senseny Road Redbud Magisterial District Frederick County, Virginia July 3, 2008 Prepared for: Mr. David Ervin Ervin Development Corporation 1830 Plaza Drive Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.G. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 0803015 IMPACT ANALYSIS STATEMENT 1932 -1958 Senseny Road IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS cortinn page i. INTRODUCTION 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. LOT CONSOLIDATION 6 IMPACT ANALYSIS STATEMENT 1932 -1958 Senseny Road i. INTRODUCTION Ervin Development Corporation (the applicant) proposes to rezone six parcels of land located in the southeast quadrant of the intersection of Senseny Road, VA Route 657, and Greenwood Road, VA Route 656, in Frederick County, VA. The parcels (the site) are currently zoned RP (Residential Performance District) and are identified by the following Tax Idei itification Numbers: Tax Map No. Area (acres) Ex. Zoning Pr. Area Pr. dor....;ng 55-A-196 1.62 RP 1.61 B2 65-A.-2-1 0.47 RP 0.45 B2 65-A-2-1-2 0.45 RP 0.39 B2 65-A-2-1-3 0.46 RP 0.47 B2 65-A-2-1-4 0.46 RP 0.39 B2 65-A-2-1-5 0.47 RP 0.42 B2 Total 3.93 3.72+/ - The applicant is requesting to rezone the properties from RP, Residential Performance District to B2, Business General District. The total area of the request is approximately 3.93 acres. Please refer to Exhibit 'I on the following page. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes. A. SITE SUITABILITY The subject parcels are located at the corner of a major intersection within the Urban Development Area established by Frederick County as shown on the Eastern Frederick County Long Range Land Use Plan contained in the current Comprehensive Plan. The deescrinfiren rnf P9 7nnirq in the FrPriprirk Cni intv 7nninq OrriinPnne states that neneral business areas are located at major interGections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. Considering this and the fact that all the other parcels at this intersection are currently zoned B2 or contain commercial uses, this site appears suited for rezoning to the Business General District. Although the subject site lies within an area designated as residential on the Comprehensive Plan, it is also located at a high traffic intersection where B2 uses would be beneficial and convenient for neighboring residents to meet their daily needs. The properties in the northwest and southwest quadrants of this intersection are currently zoned B2. The property in the northeast quadrant contains a convenience store and gas station. Adjacent to that property is the "Orrick Commons" shopping center. On the subject parcels, in the southeast quadrant, the applicant's conceptual plans are to construct a pharmacy with a drive through window, along with a bank with drive through windows, and a one story retail space as shown on the adjacent page listed as Exhibit 2. The location, zoning, uses, and owners of the adjacent parcels can be seen in Exhibit 1. There are existing covenants for the subject parcels identified as TM#'s 65A- 2 TGC Management, LLC 1 ; TM# 55 A 194 4 Zoned: B2 �I Use: Commercial I Its J I' I I Green rood Sen, LLC TM'#55A198 -Zoned: RA Use: Commercial / I r, - ) / Stafford, Timothy ! TM# 55 A 197 / - Zoned: RA ! Use: Residential / NNI Orrick Cemetery Company, Inc. TM# 55 A 201A / Zoned: B2 Use: Commercial/Residential. . . . . ! / — .......... � �...�.�-�.�.�.�.....' _ Orrick Cemetery Company, Inc. �...................... . . �� — ! TM # 55 A 201B I Zoned: B2 I _ _ _ _ _" ..... i Use: Commercial/Residential PROPERTY REZONING TABLE o ��sr ` / "� -t -z'0— pti EXISTING PROPOSED PROPOSED o I J TAX MAP I.D. PARCEL AREA PARCEL AREA B2 ZONING I IQ� I� I 1 1 / / �~ Nj lobo ja r 55 A 196 1.62 acres 1.61 acres 1.61 acres I I / / N o / 65A 2 1 0.47 acres 0.45 acres 0.45 acres 65A 2 1 2 0.45 acres 0.39 acres 0.39 acres 65A 2 1 3 0.46 acres 0.47 acres 0.47 acres 65A 2 1 4 0.46 acres 0.39 acres 0.39 acres I 3 ! 65A 2 1 5 0.47 acres 0.42 acres 0.42 acres TOTAL AREAS: 3.93 ACRES 3.73 ACRES± 3.73 ACRES — TOTAL DEDICATED R.O.W.: 0.20 ACRES= I —' II II I 100 0 100 Scale 1" = 100 ft NO a:O at: 0 O 0 ZZ W W U) D.. Z O � Ld Z N CC 14) WT - 0 0) O N O (7D 4- (,D D N (n N I L L a) U) a) a N O t` U) I I � N N co a) C O O Ln Lo a� C- E 0 co a) v .- � � o E W SURVEY: C. I.: NA NA DRAWN BY: JOB NO.: RED 0803015 SCALE: DATE: 1"=100.0' 04/09/08 SHEET: EXHIBIT 1 IMPACT ANALYSIS 6TATEMENT 1932 -1958 Senseny Road 2-1, 65A-2-1-2, 65A-2-2-3, 65A-2-1-4, and 65A-2-1-5 l--cated in the Greenwood Heights subdivision. When the consolidation of the subject parcels occurs these covenants will be eliminated. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS No wetlands have been identified on this site. STEEP SLOPES According to the soil survey information there are no steep slopes located on this site. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type only: u Clearbrook channery silt loam: 9B (2-7%) This soil is moderately deep, gently sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways and in broad upland depressions. B. SURROUNDING PROPERTIES The parcels to be rezoned are bordered to the east and south by parcels which are all zoned RP. Across Greenwood Road, to the west are two parcels, one which is zoned RP and to the north of that parcel, one which is zoned B2. Diagonally across the intersection is a parcel which is zoned B2. Across Senseny Road, to the north, are two parcels which are zoned RA. Adjacent to these parcels are two parcels, which are the "Orrick Commons" shopping center and are zoned B2. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 65A-2-1-6 Dorgan, Michael C. RP Residential 65A-3-39 Shields, Robert J. & Carolyn L. RP Residential 65A-3-44 Gum, David C., Jr. & Paige E. RP Residential 65A-3-46 Casey, Charles H. RP Residential 65A-3-48 Russell, Robert W. & Kristina S. RP Residential 65A-3-50 Whetzel, William A., Sr. & Angela L. RP Residential 65A-3-52 Gochenour, Jeffrey R. RP Residential 65A-7-7 Kerns, Kathy S. RP Residential 65A-7-8 Stafford, Timothy BS Residential 55-A-197 TGC Management, LLC B2 Commercial 55-A-198 Greenwood Sen, LLC B2 Commercial 3 IMPACT ANALYSIS STATEMENT 1932 -1958 Senseny Road 55-A-197 Stafford, Timothy RA Residential 55 -A -201A Orrick Cemetery Company B2 Commercial 55-A-201 B Orrick Cemetery Company B2 Commercial C. TRAFFIC The property is located at the signalized intersection of Senseny Road and Greenwood Road. According to the Frederick County Eastern Road Plan, Senseny Road and Greenwood Road, from Senseny Road to the north, are ultimately planned as 4 lane major collectors. Greenwood Road, frog n Senseny Road to the south, is ultimately planned as a 2 lane minor collector. A Traffic Impact Analysis is contained in Section 7. The analysis was performed by Patton Harris Rust & Associates. The TIA as presented is based on a total build -out of the site of approximately 24,000 square feet of commercial space which could include a pharmacy, a bank, and a convenience store with gas dispensers. These particular uses were proposed to achieve a high level of trips generated by the proposed site. According to figures from the Virginia Department of Transportation, the Average Annual Daily Traffic on Route 656, Greenwood Road, in 2005 from the north to this intersection was 9,500 vehicles/day and from the south to this intersection was 4,400 vehicles/day. The Average Annual Daily Traffic on Route 657, Senseny Road, from the west to the Route 657, Greenwood Road, intersection in 2005 was 12,000 vehicles/day and from the east was 4,500 vehicles/day. These figures are factored to account for all motorized vehicles. The TIA shows that projected background traffic generated by nearby planned projects significantly impacted the functionality of the Greenwood Road and Senseny Road intersection. The addition of traffic which would be generated as a result of the proposed rezoning will contribute to the degradation of the intersection by the addition of turning movements into and out from the site. The applicant can mitigate traffic impacts only to the extent that ownership of the right-of-way allows. In this case, the southern right-of-way line along the parcel adjacent to Senseny Road and the eastern right-of-way along the parcel adjacent to Greenwood Road can be expanded through fee simple dedication. Within this dedication area, turn lanes can be constructed to facilitate traffic movements not only associated with the site, but also general traffic movements through the intersection. As shown on the Generalized Development Plan, the applicant will construct a right turn lane within a right-of-way dedication along Senseny Road. Any access to the site along Senseny Road will be restricted to "right in, and perhaps, right out" only. In order to ensure this type of restricted entrance, a raised median will be constructed in Senseny Road. The applicant will construct a through lane and a right turn lane within a right-of- way dedication along Greenwood Road. The existing through lane in Greenwood Road will be converted to a left turn lane. Access to the site from Greenwood Road will be restricted to "right in, right out" only. Please refer to the attached Proffer Statement. 4 IMPACT ANALYSIS STATEMENT 1932 -1958 Senseny Road D. SEWAGE CONVE"10ANCE AND TREATMENT The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. The location of the existing 8" sewer line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1, on the following pages. E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. The location of the existing 8" water line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1. F. DRAINAGE According to the USGS topographic map and the Frederick County Soil Survey it appears that this site has gentle slopes ranging from 2 percent to 7 percent. It appears that the water sheet flows across the site from west to east and then down Senseny Road. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES The nearest citizens' trash facility is located less than one mile north of the site on Greenwood Road. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $3,240 in tipping fees will be paid to dispose of 72 tons of solid waste. H. HISTORIC SITES AND STRUCTURES This site does contain one known "potentially significant" historic structure as listed in The Rural Landmarks Survey Report of Frederick County. This structure is listed as 421 -Greenwood School on Exhibit 3. During the Civil War many schools in the area closed because most of the male students went to war and a lot of the schoolhouses were destroyed. Following the Civil War many new schools were established. This period marked the beginning of public education in Frederick County. The majority of the schoolhouses built during this period were one -room buildings constructed of brick, and later rusticated concrete block. Thirty schools from this time period were surveyed, including the Greenwood School. Most of these structures are now abandoned or have been converted to residences, s WATER AND SEWER FACILITIES MAP n111.19 - 2con ;o F,e,l,,,Irk County F11,11mIr9 11 Development ' Civil War Batte ells and Sites Tflh (As Defined by the ATS Shenan oaValley ChdI War Sita Study) 12-10-97 IMPACT ANALYSIS STATEMENT 1932 -1958 Senseny Road residence. It is the applicant's intern that materials from the school building will be used to construct a monument on site comilmemorating the historical building with a plaque describing the history of the structure. The monument will generally conform to the sketch shown in Section 8. Please see the Generalized Development Plan (contained within the Proffer Statement in Section 8) for the monument location. There are several other "potentially significant sites" that lie within a mile of the site. These include 417 -Carper House, 420 -Carmen House, 1136-Keyser-Edmonson House, 1148-Brookland, and 1151 -Ford -Braithwaite. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown on Exhibit 3. A copy of the Civil War Battlefields and Sites map has been included on the following pages_ The subject parcels do not lie on any Civil War Battlefield sites. I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The new Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Volunteer Fire Company located on Greenwood Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION Exhibit 5 on the following page shows the total site proposed for rezoning in a consolidated form. Consolidation will eliminate interior lot lines. The access easement will be extended to Route 50 generally as shown on the exhibit to preserve access to the adjacent parcels. _ -- =311ais -- --_ — — 959 3lfm N q N01 a6 3�9 125.10N1jLv-\ 78.71 ls:?65.9.675A, �' I II I / OI/ ti' r l Ail I 1 o / v V) '�4rD r rr l C / K 9 K O 0 0 PE>NTER LEWIS' P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 CONSULTING Facsimile (540)662-5793 FNGINEERS Email office@painterlewis.com )JECT: 1932-1958 SENSENY ROAD ERVIN DEVELOPMENT GROUP Y: DRAWN BY: JOB NO.: JCL 0803015 FREDERICK COUNTY VIRGINIA SCALE: DATE: � 1"=100.0' 06/30/08 CONSOLIDATION OF LOTS SHEET: EXHIBIT 5 A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Located in: Frederick County, Virginia Prepared for: Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. �y 10212 1� Governor Lane Blvd, Suite 1007 Williamsport, Maryland 21795 T 301.223.4010 F 301.223.6831 August 26, 2008 Revised October 8, 2008 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Ervin - Senseny Road Property development to be located along the east side of Route 656 (Greenwood Road), south of Route 657 (Senseny Road) in Frederick County, Virginia. The proposed development is to include 12,900 square feet of pharmacy, 4,000 square feet of Convenience Mart with pumps and an 8,000 square foot bank. Access will provided via a right in/right out only site -driveway to be located along east side of Greenwood Road as well as via two (2) site - driveways to be located along the south side of Senseny Road: a full access driveway and a right in/right out only driveway. The proposed development will be built -out over a single transportation phase by the year 2010. Analyses are provided for existing, 2010 background and 2010 build -out year as well as 2016 "design year" traffic conditions. Figure 1 is provided to illustrate the location of the proposed Ervin - Senseny Road Property development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Ervin - Senseny Road Property development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Ervin - Senseny Road Property development, • Distribution and assignment of the Ervin - Senseny Road Property development - generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of Synchro 7 for existing and future conditions. P"R,+A A Revised Trak Impact Analysis of the Ervin - Senseny Road PropeProject Number: 15270-1-0 October 8, 2008 IL IL Page 1 No Scale 61 Stafford Dr. .0! 0� Ore - an L Senseny Rd — S�nSeny Rd SITE z. IL ff N—A I - Figure I Vicinity Map: Ervin - Senseny Road Property, in Frederick County, VA A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 -i-October 8, 2008 PH Page 2 T ii14" EXIS CONDITIONS PHR+A conducted weekday AM/PM and Saturday mid-day peak hour manual turning movement counts at the intersection of Greenwood Road/Senseny Road. In order to determine the ADT (Average Daily Trips) along the study area roadway links, "k" factors (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% and 11% were utilized for Greenwood Road and Senseny Road, respectively, based upon the published Virginia Department of Transportation (VDOT) 2006 traffic count data. Figure 2 shows the existing weekday and Saturday ADT as well as weekday AMIPM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 3 shows the existing lane geometry and weekday AAWM peak hour and Saturday mid-day peak hour levels of service. PHR+A has provided Table 1 to show the existing weekday AMIPM and Saturday mid-day peak hour levels of service and 95`h percentile back of queue for each lane group. All traffic count data and Synchro level of service worksheets are included in the Appendix section of the report. PA Revised Tra c I act Anal sis o the Ervin - Sensen Road Pro e HR +A Project Number: 15270-1-0 October 8, 2008 Page 3 No Scale I 656 N r � Z, 8330 Z", r ,� w r o^o aa� �j s�61�I6�I 1-a ,160,-- 6 (208�t19 (2 -Uq% SI _ 7700 [215](279)166 [147](197)126 SeAse�ty ROad [331(80)50 a i T/ 4790 657 9-3 RE 4740 440 3620 SITE Site Dr #1 UM 3620 I Saturday All'1' TJ jA� AM Peak Hour (PM Peak Hour) [Sat Peak Hour] ■ - T T� 1L / � Figure 2 Existing Traffic Conditions A Revised.Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 + October 8, 2008PH r Page 4 i No Scale 656 Signalized n Intersection LOS = B(Q[Bl lAJ(A)A� SensenyRodd �J / 01 f Of Qf f 657 , J / J SITE c f 0 Site Dr #1 —Py TP+A AM Peak Hour (PM Peak Hour) [Sat Peak Hour] Figure 3 Existing Lane Geometry and Levels of Service A Revised Traffic Impact Analysis of the Ervin HR- Senseny Road Properly p A Project Number: 15270-1-0 October 8, 2008 Page 5 Table 1_ Levels of Service and Back of Queue (95%) Resin"$ 1WVic±in0 rnnrlitionR Intersection Traffic Control SAM Peak Hour PM Peak Hour SAT Peak Hour Lane Group/ Back of Back of Rack of Approach LOS LOS LOS Queue Queue Queue Senseny Road (Rt 657) & Greenwood Road (Rt 656) Signalized EB/L A 54.0 B 144.0 A 101.0 EB/TR A 46.0 A 129.0 A 78.0 EB LOS A A WB/L B25A B 27.0 B 25.0 WB 156.0 B B/T B 99.0 151.0 WB/R A 25.0 A 27.0 A 28.0 WB LOS A B B NB/LT D 108.0 D 206.0 D 132.0 NB/R B 25.0 A 25.0 A 1 25.0 NB LOS D D C SB/LT D 154.0 E 198.0 D 186.0 SB/R A 62.0 A 61.0 1 A J 54.0 SB LOS C C C Overall LOS B C B PHFn Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 October 8, 2008 Page 6 2010 BACKGROUND CONDITIONS In order to detertiine the 2010 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 1% per year through Year 2010. Additionally, all trips relating to specific future "other developments" located within the vicinity of the site were incorporated. Using the 7th Edition of the institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 2 to summarize the 2010 "other developments" trip generation. Table 2 2010 "Other Developments" Trio Generation Snmmary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total In SAT Peak Hour Out Total ADT Fieldstone 210 Single -Family Detached 63 ..its 13 40 54 45 25 71 630 36 31 67 682 230 Townhouse 207 ..it, 24 81 105 86 49 135 1,352 63 56 121 1,369 Total 37 121 159 131 74 206 1,982 99 87 188 2,051 Orrick Property 251 Elderly Housing - Detach 75 units 8 14 22 24 16 40 424 10 11 20 208 252 Elderly Housing -Attach 100units 4 4 8 7 4 i] 348 15 15 30 251 565 Day Care 6,000 SF 41 36 77 32 36 68 476 6 4 10 37 710 Office 25,000 SF 54 7 62 18 89 107 459 6 6 12 72 820 Retail 80,200 SF 84 53 137 260 281 541 5,884 390 360 750 8,041 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 59 59 118 1,322 912 Drive-in Bank 6,000 SF 41 33 74 137 137 274 1,351 113 109 222 456 932 H Restaurant 6,000 SF 36 33 69 40 26 66 763 76 44 120 950 932 H Restaurant 6,000 SF 36 33 69 40 26 66 763 76 44 120 950 Tota] 327 231 558 622 680 1,302 11,789 751 651 1,403 12,288 Figure 4 shows the 2010 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2010 background lane geometry and AM/PM peak hour and Saturday mid-day peak hour levels of service. Table 3 is provided to show the 95th percentile back of queue and levels of service for each lane group during 2010 background conditions. Synchro levels of service worksheets are provided in the Appendix section of this report. A Revised Trak Impact Analysis of the Ervin - Sensenv Road Property PA+ Project Number: 15270-1-0 October 8, 2008 7 7 No Scale f Y t 8869 w W N � A N W T ,,.A J t % 2 0(392681 7 7o(,0?92)g3j3J 639 0616 [227](294)174 �� 0I ^ [350](378)216 [34](82)52 Sensenv 'Road y a o C4 1133 657 q � w I06I6 � X3[3131(26 J 32(62 6�2 ) Co 128073.* 3(32y � 6363 E SITE y I � �r Site Dr #1 v 0 0 u: 0 0 6363 8 Saturday ADT J T A AM Peak Hour (PM Peak Hour) [Sat Peak Hour] Figure 4 2010 Background Traffic Conditions A Revised Traffic Impact Analysis of the Ervin - Sensenv Road Property PH Project Number: 15270-1-0 October 8, 2008 Page 8 Figure 5 20101 Background Lane Geometry and Levels of Service p][? A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property �I,-l//�\1 Project Number: 15270-1-0 October 8, 2008 Page 9 No Scale 655 n Signalized Intersection n LOS = B(Q[B1 q(A)/BI [Bl(C BV � 4 � Sens enY ROad Signalized C657 J v m Q°, Intersection y v LOS = A(A)[Al 1 4� fA/(A)q�► �$BjfAl a °g STE I SI r qi Site Dr #1 "New Intersection" Tr -YT+ A AM Peak Hour (PM Peak Hour)[Saturday Peak Hour] Figure 5 20101 Background Lane Geometry and Levels of Service p][? A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property �I,-l//�\1 Project Number: 15270-1-0 October 8, 2008 Page 9 Table 3 Levels of Service and Back of Queue (95%) Results '3111 n !'nnrlitinne Intersection Traffic Control AM Peak Hour PM Peak Hour SAT Peak Hour Lane Group/ Back of LOS Back of LOS Back of Approach LOS Queue Queue Queue Senseny Road (Rt 657) & Greenwood Road (Rt 656) Signalized L=SBLOS EB/L A 70.0 B 147.0 B 99.0 EB/fR B 149.0 C 317.0 B 243.0 EB LOS A C B WB/L A25.0 B 45.0 A 46.0 WB/T B 9g,0 B 181.0 B 19i.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS A B B NB/LT D 109.0 E 272.0 D 155.0 NB/R A 37.0 A 45.0 A 50.0 NB LOSC D C D 150.0 E 265.0 E 219.0 A 58.0 A 65.0 A 57.0 C C C Overall LOS B C B Senseny Road (Rt 657) & Grocery Avenue EB/L A 25.0 A 47.07:A 43.0 EB/T A 35.0 A 63.0 A 38.0 EB LOS A A A WB/T B 166.0 B 171.0 B 148.0 Signalized WB/R A 25.0 A 25.0 A 25.0 WB LOS B B A 34.0 C 78.0 D 75.0 SB/L ELLA SB/R A 42.0 72.0 A 71.0 SB LOS B B B Overall LOS A A A * A-.-1 Ti feet Vehicle I meth PHIS Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right A Revised Traffic Impact Analysts of the t;rvin - Senseny rtuaa rrut,ert y Project Number: 15270-1-0 October 8, 2008 Page 10 TRIP GENERATION PHR+A determined the number of trips entering and exiting the sit.e using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 4 is provided to summarize the total trip generation associated with the proposed development. Table 4 Proposed Development: Ervin - Senseny Road Property Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT In SAT Peak Hour Out Total ABT 853 Conven. Mart w\pumps 4,000 SF 91 91 182 121 121 242 3,382 116 107 222 5,794 881 Pharmacy W DT 12,900 SF 20 15 34 54 57 111 1,137 51 51 101 1,137 912 Drive-in Bank 8,000 SF 55 43 99 183 183 366 1,716 151 145 297 629 Sub Total 166 149 315 359 361 720 6,235 318 303 620 7,560 40% Pass -by (Code 853) 36 36 73 48 48 97 1,353 44 44 89 2,318 Total "New Trips" 1 130 113 242 310 312 623 1 4,882 273 258 _ 531 5,243 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Ervin- Senseny Road Property development trips (Table 4) throughout the study area roadway network. Figure 7 shows the development - generated AM/PM peak hour and Saturday mid-day peak hour trips and ADT assignments. Figure 7a is provided to illustrate the pass -by trip reduction. 2010 BUILD -OUT CONDITIONS The Ervin- Senseny Road Property assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2010 build -out lane geometry and weekday AM/PM peak hour and Saturday mid-day peak hour levels of service. Table 5 shows the 95th percentile back of queue and levels of service for each lane group during 2010 build- out conditions. All Synchro levels of service worksheets are included in the Appendix section of this report. R+A A Revised Trak Impact Analysis of the Ervin -Senseny Road Property Project Number: 15270-1-0 PH October 8, 2008 Page 11 No Scale Figure 6 PR+AH Trip Distribution Percentages A Revised Traffic Impact Anatvsis or cne Irvin - oea5e.oy 11— , 1—, -Y Project Number: 15270-1-0 October 8, 2008 Page 12 No Scale _ Q 1513 N t�S I3 °(t0s)[vsl 138](4s) 08)[11; C41](46)� A is236 4 ry VIZ'(42s92 �11(3 15731)f26I [82](93)39a �A t Sens Q r Z7S21e a e nyRoad [.150114](16 I Sp7(1 �o)�)Z � �S1 (141) C7 Q 6 !11 M� pct r �- 4 1966 63 73 G 9171 73 as30 SITE 3881 32(83)[69] Site Dr #1 �.1149 b N OV 'O �6 � M N u O O 3 � 524 Saturday ADT_ AM Peak Hour (PM Peak Hour) [Sat Peak Hour] w Negative trips denote pass -by trips Figure 7 Development -Generated Trip Assignments PH A Revised Tra[Ec Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 October 8, 2008 Page 13 Figure 7a Pass -by Trips A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 R+A October 8, 2008 1 H Page 14 NO Scale cCc v Q 4 O i SII( SIS)�I3 �73)CIS)Il r�� )Cl3j fi3j(IS)II� � ��a ry �Ito y � 0 .0 + tt B CI3jCI5)It i%WA c� Ali,0Q —=� �f! SITE 139r %.4(S)141 Site Dr #1 232 a �w a 3 �a 0 SaturdaY_A-Dj-1 AM Peak Hour (PM Peak Hour) [Sat Peak Hour] TT A �T Tii+/ � Figure 7a Pass -by Trips A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 R+A October 8, 2008 1 H Page 14 T r No Scale v h j N h o b Q' 6.76 � o N ti topht,!3(62)[751 !3151(26 sssQ(ios09)[294 1 w 10441 13781(41 p�X19 � [9$1 w 0 ti v 11 O .qi z 5 w� 277(439 )[1201 ZZ 8-1(18 9)[41_11 r12907; [227](294)174 61 [432](471)255 13 [341(82)52 Z I V � Sense 369 > N ny Road r oo [6p91(63,h"l471(7S 6390 N [1$01(176®� r)' 0) 0)7 6971 76- 0 6 wry# -, ® ti iy W '7280 �� ZSR b q 82S7 N Uj a 3881" bra 32(83)[69] Site I3r #I _1149 o a� d v u O � O � 3 M' 6 6887 Saturday ADT__ AM Peak Hour (PM Peak Hour) [Sat Peak Hour] Figure 8 2010 Build -out Traffic Conditions p I[, A Revised Trac Impact Anal s�f the Ervin - Senseny Road Propee ��{LL!//�`1 Project Number: 15270-1-0 October 8, 2008 Page 15 No Scale Signalized Intersection C LOS = B(D)[C] IC)(D)B :� I Unsignalized Intersection Right In/Right Out only Q: 0 a v 0 0 3 MW SignalizedI "Suggested Intersection Improvements" LOS = B(CAC] NB - I Leltx N-.. Mwal Site Dr #1 "New Intersection" SITE Unsignalized Intersection Signalized Right In/Right Out only Intersection LOS = B(B)[B] rc�/el 4" Q'1 "New Intersection" "New Intersection" AM Peak Hour (PM Peak Hour)[Saturday Peak Hour] * Funding for improvements have yet to be identified Figure 9 2010 Build -out Lane Geometry and Levels of Service A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property PH J� Project Number: 15270-1-0 October 8, 2008 Page 16 Table 5 Levels of Service and Back of Queue (95%) Results 2010 Build -out Conditions (w/ suggested improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour of LOS Queue PM Peak Hour Back of LOS Queue SAT Peak Hour LOSBack Back of Queue Senseny Road (Rt 657) & Greenwood Road (Rt 656) Signalized EB!L A 81.0 C 231.0 B 116.0 EB/TR B 206.0 C 501.0 C 349.0 EB LOS B C C WB/L A 25.0 1 C 105.0 B 38.0 WB/T B 124.0 C 332.0 B 228.0 WB/R A 25.0 A 45.0 A 32.0 WB LOS A C B NB/L C 63.0 D 131.0 C 75.0 NB/T C 74.0 C 159.0 C 129.0 NB/R A 34.0 A 43.0 A 46.0 NB LOS C C_ B SB/LT D 175.0 E 359.0 D 315.0 SB/R A 54.0 A 109.0 A 52.0 SB LOS C C C Overall LOS B C C Greenwood Road (Rt 656) & Site -Drive #1 Unsignalized (Right In/Out Onl) WB/R - - - NBfrR - - - SB/T - Senseny Road (Rt 657) & Site -Drive #2 Unsignalized tn (Right/Oui Only) EBIf EB/R WB/T NB/R Senseny Road (Rt 657) & Site -Drive #3/Grocery Avenue Signalized EB/L A 31.0 A 65.0 A 83.0 EB/T A 45.0 A 101.0 A 83.0 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/L B 38.0 C 103.0 B 65.0 WB/T B 183.0 C 230.0 B 167.0 WB/R A 25.0 A 28.0 A 25.0 WB LOS B C B NB/i, C 72.0 C 150.0 D 134.0 NB/TR A 25.0 A 25.0 A 25.0 NB LOS C C C SB/LT C 35.0 C 72.0 C 73.0 SB/R A 42.0 A 63.0 A 66.0 SB LOS B B B Overall LOS B B B PR+AH * Assumed 25 feet Vehicle Length Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB - Northbound, SB = Southbound, L: Left, T:Thm, R: Right A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 October 8, 2008 Page 17 CONCLUSION Based upon Synchro analysis results, assurniing the suggested improveinents, all the study area intersections of the proposed Ervin — Senseny Road DroYerty development will maintain acceptable level of service "C" or better during 2010 build -out conditions. The intersection of Greenwood Road (Route 656)/Senseny Road (Route 657) will require a northbound left -turn lane in order to maintain acceptable level of service "C". The following reiterates the improvements recommended for the intersection of Greenwood Road (Route 656)/Senseny Road (Route 657): • Greenwood Road (Route 656)/Senseny Road(Route 657): In order to achieve level of service "C" during 2010 build -out conditions, this intersection will require a northbound left -turn lane. NOTE: Funding source for the northbound left -turn lane have yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 P R+A October 8, 2008 PH Page 18 2016 "RESIGN YEAR" ANALYSES 2016 ""ACKGROUND CONDITIONS To obtain 2016 base conditions, PHR+A applied an annual growth rate of 1.0% (compounded) to the existing traffic volumes through year 2016. Additionally, all trips relating to specific future "other developments" located within the vicinity of the proposed development were included. Using the 7lh Edition of Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 6 to summarize the 2016 background developments. Table 6 2016 "Other Deveiopmenis" Trip Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADI SAT Peak Hour ADT In Out Total 1. Out Total In Out Total Butcher Property 210 Single -Family Detached 65 units 14 41 55 46 27 73 650 37 32 69 702 Total 14 41 55 46 27 73 6S0 37 32 69 702 Fieldstone 210 Single -Family Detached 63 units 13 40 54 45 25 71 630 36 31 67 682 230 Townhouse 207 units 24 81 105 86 49 135 1,352 63 56 121 1,369 Total 37 121 159 131 74 206 1,992 99 87 188 2,051 Lambert -Ward Property 210 Sio e -Family Detached 145 units 28 83 111 94 55 150 1,450 76 64 140 1,492 230 Townhouse/Condo 140 units 16 54 71 58 33 91 912 43 38 82 923 Total 44 137 182 152 88 241 2.362 119 102 222 2,415 Abrams Pointe 210 Single -Family Detached 225 units 42 125 167 140 82 222 2,250 114 97 211 2,256 Total 42 125 167 140 82 222 2,250 114 97 211 2,256 Brairwood Ht 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 39 33 72 743 Total 14 43 58 48 28 77 690 39 33 72 743 Misc Other Developments along Channing Drive* 210 Single -Family Detached 870 units 155 464 618 473 278 751 8,700 424 361 785 8,042 230 Townhouse/Condo 130 units 15 50 66 54 31 85 847 40 35 76 857 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 507 468 974 10,364 Total 276 582 859 1 866 676 1,542 17,192 971 864 1,836 19,263 Orrick Property 251 Elderly Housing - Detach 75 units 8 14 22 24 16 40 424 10 11 20 208 252 Elderly Housing - Attach 100 units 4 4 8 7 4 11 348 15 15 30 251 565 Day Cate 6,000 SF 41 36 77 32 36 68 476 6 4 IO 37 710 Office 25,000 SF 54 7 62 18 89 107 459 6 6 12 72 820 Retail 80,200 SF 84 53 137 260 281 541 5,884 390 360 750 8,041 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 59 59 118 1,322 912 Drive-in Bank 6,000 SF 41 33 74 137 137 274 1,351 113 109 222 456 932 H Restaurant 6,000 SF 36 33 69 40 26 66 763 76 44 120 950 932 11-T Restaurant 6,000 SF 36 33 69 40 26 66 763 76 44 120 950 Total 327 231 558 622 680 1,302 11,789 751 651 1,403 12,28 A Revised Trac Impact Analysis of the Ervin - Sen renv Road Property PH J� Project Number: 15270-1-0 October 8, 2008 19 Page 19 TRIP GENERATION The trip generation associated with the proposed Ervin — Senseny Road Property remains consistent with Table 4 of tfie "2010 Trip Generation" (Page 11). TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips and the corresponding development -generated weekday AM/PM peak hour trips and ADT as well as Saturday mid-day peak hour trips and ADT remain consistent with Figure 6 (Page 12), Figure 7 (Page 13) and Figure 7a (Page 14), respectively, of 2010 build -out traffic conditions. 2016 DESIGN YEAR CONDITIONS The Ervin — Senseny Road Property assigned trips (Figure 7) were added to the 2016 background traffic volumes to obtain 2016 design year conditions. Figure 10 shows the 2016 design year weekday and Saturday ADT as well as the weekday AIVVPM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 11 shows the respective 2016 design year weekday AMIPM peak hour and Saturday mid-day peak hour levels of service and lane geometry. PHR+A has provided Table 7 to show the 2016 design year weekday AM/PM and Saturday mid-day peak hour levels of service and 95th percentile back of queue for each lane group. All Synchro level of service worksheets are included in the Appendix section of this report. A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 PH RA October 8, 2008 Page 20 No Scale a N oo q p M �1 No N13802 L 6 3(62)COSI (79p1(261h37 n�08)C9S2p1 ](864)383\d I J p [41)(46)24 �p o w Wa`✓� A � Q b ON Z3 h 1 b 163086 Z 9S7(628 1841 179(287)[29] ,� ti 19128 [280](361)199 eat f690](720)336� [36](87)55 See" X279$ e C101I(10 ad ami Q a N 8 3SC 7 x10 (11 p1)C1123, o' C1Sp]( 17o)76y N N N rp L 2S3p e 76g 11107 SITE 32(83)[69] 3881 Silt. Pr #kt t r 114_ o� 0Q N M O R O% M N u O 0 3 �, 1071 Saturday ADT aAQ AM Peak Hour (PM Peak Hour) [Sat Peak Hour] Figure 10 2016 Design Year Traffic Conditions A Revised Tra]Cc Impact Analysis of the Ervin - Senseny Road Pro2erty Project Number: 15270-1-0 H October 8, 2008 Page 21 I No Scale Signalized JUgge—. Improvements" Intersection I EB - 1 Thra* LOS = B(CACI ws - I Thru* NB - 1 Left* n SB - 1 Left* W n ti56 n Signalized Intersection n LOS = C(F)[F] 8(FjlFj [F](F)C Unsignalized Intersection Right In/Right Out only `I � SenSeny Road ci 1 Site Dr #1 v m 0 b 0 0 "New w Intersection" C7 SITE Unsignalized Intersection „ Signalized Right In/Right Out only m Intersection � Q LOS = B(C[C] 4 o ! C7� S(CJICJ q rij a, U D "New Intersection" "New Intersection" AM Peak Hour (PM Peak Hour)[Saturday Peak Hour] * Funding for improvements have yet to be identified Figure 11 2016 Design Year Lane Geometry and Levels of Service A Revised Traffic Impact Analysis of the Ervin - Senseny Roast Property PH Project Number: 15270-1-0 R+A October 8, e 22 Page 22 Tat -fie 7 Levels of Service and Back of Queue (95 %) Results 2016 Design Year Uonditions (w/ suggested improvements) I Intersection Traffic Control I Lane Group/ Approach AM Peak Hour Back ui LOS Queue PM Peak Hour Back of LOS Queue SAT Peak Hour Baer of LOS Queue Senseny Road (Rt 657) & Greenwood Road (Rt 656) Signalized EB/L B 113.0 D 352.0 C 188.0 EB/T C 133.0 D 354.0 D E13/ TR 323.0 EB LOS C D C WB/L B 86.0 E 309.0 D 256.0 WB/T-Lane 1 C 197.0 C 265.0 C WB/T-Lane 2 274.0 WB/R A 69.0 A 27.0 A 25.0 WB LOS B C C NB/L C 69.0 D 152.0 D 93.0 NB/T C 94.0 D 279.0 1 D 225.0 NB/R A 45.0 A 73.0 A 79.0 NB LOS B C C SB/L C 95.0 F 319.0 D 207.0 SB/T C 120.0 C 144.0 C 1 166.0 SB/R A 53.0 A 120.0 A 57.0 SB LOS B C C Overall LOS B C C Greenwood Road (Rt 656) & Site -Drive #1 Unsignalized (Right hVOut Only) W13/R NB/TR SB/T - - - - - - Senseny Road (Rt 657) & Site -Drive #2 Unsignalized (Right In/Out Only) EB/T EB/R - - WB/T - NB/R - - Senseny Road (Rt 657) & Site -Drive #3/Grocery Avenue Signalized F_.B/L I A 31.0 B 94.0 E 315.0 EB/T A 76.0 B 192.0 B 243.0 EB/R A 25.0 A 25.0 A 25.0 EB LOS A B C WB/L A 30.0 F 197.0 D 141.0 WB/T B 366.0 C 539.0 C 1 615.0 WBAR A 25.0 A 34.0 A 39.0 WB LOS B C C NB/L D 77.0 D 1 1 195.0 D 150.0 NB/TR A 25.0 A 1 25.0 A 25.0 NB LOS C D C SB/LT D 37.0 D 88.0 D 82.0 SB/R B 45.0 A 74.0 A 81.0 SB LOS B B B Overall LOS B CC * Assumed 29 fret Vehicle. I an oth Minimum queue length assumed to be 25 feet EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound, L: Left, T:Thru, R: Right A Revised Tatc Impact Anal sy is of the Ervin - Senseny Road Property P Project Number 15270- 1 October 8, 200808 Page 23 2016 "DESIGN YEAR" CONCLUSION Based upon Synchro analysis results, assuming the suggested improvements, all the study area intersections of the proposed Ervin — Senseny Road Property development will maintain acceptable level of service "C" or better during 2016 design year traffic conditions. The intersection of Greenwood Road (Route 656)/Senseny Road (Route 657) will require an eastbound through lane, a westbound through lane, a northbound left -turn lane and a southbound left -turn lane in order to maintain acceptable level of service "C". The following reiterates the improvements recommended for the intersection of Greenwood Road (Route 656)/Senseny Road (Route 657): • Greenwood Road (Route 656)/Senseny Road(Route 657): In order to achieve level of service "C" during 2016 design year traffic conditions, this intersection will require an eastbound through lane, a westbound through lane, a northbound left -turn lane and a southbound left -turn lane. NOTE: Funding source for the aforementioned improvements have yet to be identified. A Revised Traffic Impact Analysis of the Ervin - Senseny Road Property Project Number: 15270-1-0 Ph+A, October 8, 2008 Page 24 APPENDIX C®nccptnal Plan N q r�AtOy�Q A: w t 1 1 ' ! 60 0 60 / 1 / Scale 1" = 60 ft / 1 1 t �Cz W �w U z O �W N Z a� 0 LLJ >C) C) _j _j z w >zw L o o� W w a a- ap'yy o N O w :3 w rn m U 7 n r m tJ1 C1,14 Lo 110 nee N � O LU C o O N N 16 m r E `o LUO L c d U U U z 3 w L III r W J :5 Z z� 0w SURVEY: C.I, NA NA DRAWN BY: JOB NO.: RED 0611002 SCALE: DATE: 1'=60.0' 4/23/08 SHEET: 1/1 REZONING APPLICATION FOMM FREDERICK COUNTY, VIRGINIA be completed by PLanning Staf f ?oning Amendment Number _-- 'C Hearing Date _J/ ! L Fee Amount Paid $ ID �ILIJ. 00 Date Received f BOS Hearing Date Ik_ The folimi)ing Wbrrnation shall be provided by the applicant; All parcel identification. numbers, deed book and page numbers may be obtained :from the Office of the Coni missiotier of Revenue, Real Estate Division, 101 North Kent Street, Winchester. 1. Applicant: Name: Cron [Jeyelopmtj Telephone: 540 -3 D-9 - q7 919 Address: 2. Property Owner (if different than above) Name: See Ge [tq _ Telephone: ^ Address: 3. Contact person if other than above Name: Mr. I Telephone: �J�O ZDV.? - S99 3 4. Checklist: Check the folloxving items that have been included with this application. Location snap Agency Comments _ Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement _ io N101e 2 6 2008 . i 4 s. `rhe Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: [ICA -Y- M a cam./ 6. A) Current Use of the Property: I` S I (A B) Proposed Use of the Property: Ba 7. Adjoining Property: PARCEL, 1B NUMBER USE ZONING 8. Location: Tlie property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): File nserl 2ca� �A �2c�c��re southeasLqua.dmn 1i A O)Ufe los 9. The following information should be provided aceordin; to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhorne: Multi -Family: Non -Residential Lots: Mobile Home; Hotel Rooms: Office: Retail: Restaurant: 10. Signature: Square Footage of Proposed Uses Service Station: a-3, 5 as s Manufacturing: Warehouse: Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Boaxd of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way'until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): ` -- Y'brv_-I in Owncr(s): Date: Date: Date: /0f�©S Date. ib/.13.fof �2 /v`�_, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning 'web Site.- Department ite: Department of PIanning, & Development, County of Frederick., Virginia; 107 North Koxrt Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) O VI&O W V e (Phone) 5'10 `9(oq - 1'55Do (Address) 503 Old f G fi('n No W. h&L k &+, VA d �? 1p 0-3 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 00(o Instrument No. a00 (o on Page f g,-) , and is described as I 2- 6 s Parcel:/9{o Lot: ro Block: ss- Section: Subdivision: do hereby make, constitute and appoint: (Marne) Punt i � �� ` Lc��/ ! 1 l . (Phone) J�(' (�7(rZ (Address)811 ('tdar UrceV 6 rade, Sud 00, wind)(-'sic'r a(A a hal To act as my tale and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (use) would, have if acting personally to file planning applications for my (our) above described Property, including: � `'; Rezoning (including proffers) (i\S Conditional Use Permit �.� �.• �tMiss,oy -. s0 %�• Master De:v to tnent Plan(Preliminary and Final COMMONWEALTH ��`; - Subdivision OF viRcirdw = Site Plan COMMISSION # 353426Variance or Appeal Y. ti 0/;3f-2D�q. Comprehensive. Policy Plan Antendtnent 'jgRY PUB`IC +iil�lty�"`attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year .from the day it is signed, or until it is otherwise rescinded or- rnodi:fied. �y( In witness thereof, I (we) have hereto set my (our) hand and seal thiso�a day of OMsER 204 , Signature(s) State of Virginia, City/County of FA(9FAY-' , To -wit: 1, t5-no%cc a Notary- Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument pernal ly appeared before me and has ackno-wledged the same before the in the jurisdiction aforesaid this,?a day ofor-ri p&?,204_, A� .6JC4Ur^__ NfyCo.rntnissionExpires: e1 3/ i\o ary Public Revised 3/17/08 Know All Men By Those Present: That I (We) (Name) Sh rle� (Phone) 5qD-W9 - V591 -- (Address) lq s d y the owner(s) of all those tracts o • parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by D99 17Y Instrument No. �¢ S on Page gQ -_ and is described as 2 ` _ a &S-A Parccl: _ .�.Lot:�-�BlAk: (05ASection: Subdivision: do Hereby make, constitute and appoint: (Name) �?_l ±�� r 4,' V 1 s J- L_l�_ (phone)��..� �� X (Address) � ' � ,Cj I,- reg � G Orr, To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full pourer and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: / ,. ..._, �/ Rezoning (including proffers) `�,,,,I I i I Ir,,,,,/ _ Conditional Use Permit CX Sj .....E -IV �� :,�— Master Development Plan Preliminary y and final} �.• �tslssroH •. ', 5ubdiyision Site Plan. COMMONWEALTH �,�„•; OF VIRGINIA- _ Variance or Appeal COMMISSION 353426 Comprehensive Policy Plan Amendment k- �.�... 3? z0nnogdd&& a a�t]e}-in fact sLiaLl have the authority to offer pr goffered conditions and to make amendments to py PUS "� . / III n.,1P1;\ 0usly approved proffered conditions except as follows: This authorization shall, expire one year from the day it. is signed, or until it is othert� ise rescinded or modified.�( In witness thereof, I (eve) have hereto set my (our) hand and seal this 02;A lay of 6Cr6l3&Q 200 g , Si -natures) 21— State of Virginia, City/Comity of Fkuifo� , To -wit: I, AL5VMC _�4 lLz" Cpl , a Notary Public in. and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing irlstrunlerit pers rally appeared before nae and has acknowledged the same before ine in the jurisdiction aforesaid this lay ofocro86, 200 q My Commission Expires: N��a��PLiWlLc. Revised 3/17,08 Special Limited Power of Attorney County of Frederick, Virginia. Frederick Planning Web Site.: Department of Planning & Development, County of Frederick, Vir 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Plrone 540-665-5651 Know All Men By Those Present: That I (We) (Name) F'ClnV_J(1n Andoxoiq ,fir (Phone) (Address) H49 c.7cosenq i<d. I,U UEkts� VA a DW:A the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia,. by Instrument No. q53 on Page q a g , and is described as Parcel: Lot: Block: 0ection: Subdivision: do hereby make, constitute and appoint: (Name) i : [ e_r_�L -w f s f C. (Phone) (Address) C( ---d a r C,6r^ee V C �rC��'e, a ife DID, ID, wi na) ' jel To act as nay true and. lawful attorney-in-fact for and in my (our) narnce place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including- L" Rezoning (including proffers) M .... �/ls/''•�� Conditional Use Permit \Sj °`� F+4 :0 Master Delvelopment Plan (Preliminary and Final) : COMMONWEALTH ��,: = S.ubdIvision OF VIRGINIA COMMISSION - __ Site Plan. # 353.726 _ Variance or Appeal 0/.31_p00q. `�� Comprehensive Policy Plait Amendment �j'qw PU60 /'1110"%Morn.ey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year fi-om the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (eve) have hereto set my (our) hand and seal thiQ?t day of (kroeC—,P , 2008 , Signatures) State of Virginia, City/County of &A(/QFAK , To -wit: //l I, (.�bf"KI5 Z^IE_kGILW,4) a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before nie in the jurisdiction aforesaid thio day of O(��, 200 8 �Iht 1.() My Coinrnission Expires: ��y� 3/� 42(00 9'Notary Revised 3/17/08 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: ,%vii iv.co.fa ederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Wincliester, Virginia 22641 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That 1 (We) (Name) DOr1CL e. S I''GliiS (Phone) � - S`�ls Fl•210 (Address)1q"'� Senx'h IZOWin r, VA Lin a the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the- / Circuit Court of the County of Frederick, Virginia, by `7 Instrument No. ,31, on Page /ISV and is described as S - a ro�5_ Parcel: Lot: Block: ection:: Subdivision: do hereby make, constitute and appoint: (Name)P i of (: r- tom. w f l C (phone) J i (Address) 9 jq C r �� ree k 6mr1.e; 5i Eto DID, ' VI n +)C34 r �0 a �2 To act as my true and lawful attorney-in-fact for and in my (our) name; place, and stead with full power and authority I (eve) would. have if acting personally to file planning applications for my (our) above described Property, including: \WI �I�IE'",,l,,! ✓ Rezoning (including proffers). Conditional Use Permit Cd 00e Master Development Plan (Preliminary and Final) — �� COMMONWEALTH �N; Subdivision OF VIRC-P,W = Site Plan. COMMISSION x 353426 _ = Variance or Appeal 31-2004,.• `�� - C0121preliensive Policy Plan Amendment � .......... CIPARY P0501 shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization modified. In witness thereof, Signature(s) shall expire one year from the day it. is signed, or until is othenvise rescinded or I (we) have hereto set my ( ur) Band and seal this-q—t�d_ay of !tom , 200 v�- State of Virinia, City/Comity of 4�FA) , To -wit: I, f-�(etST/l��lLbd/� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument perspnally appeared before ixxe and has acknowledged the same before me in the jurisdiction. aforesaid this lay of!j;M8 2008 My Commission Expires: J;W. S oD,,, c Notary Public Revised 3/17/08 Property Owner - 1932 -1958 Senseny Road Rezoning Property Owner Name Address Name: Sandra Love 503 Old Kitchen Road White Post, VA 22663 Name: Kenneth & Shirley Mason 1930 Senseny Road Winchester, VA 22602 Name: Franklin B. Anderson 1948 Senseny Road Winchester, VA 22602 Name: Donald E. Straus 11958 Senseny Road Winchester, VA 22602 1932-1958 Senseny Road Rezoning Application - #7 Adjoining Property Tax Map No. Ex. Use Ex. Zot-ung 65A-2-1-6 Residential RP 65A-3-39 Residential RP 65A-3-44 Residential RP 65A-3-46 Residential RP 65A-3-48 Residential RP 65A-3-50 Residential RP 65A-3-52 Residential RP 65A-7-7 Residential RP 65A-7-8 Residential BS 55-A-197 Commercial B2 55-A-198 Commercial B2 55-A-197 Residential RA 55 -A -201A Commercial B2 55-A-201 B Commercial B2 Adjoining Property Owners - 1932 -1958 Senseny Road Rezoning Name and Property Identification Number Address Name: Orrick Cemetery Company, Inc. 501 S. Braddock Street c/o R.W. Burks Admin. Winchester, VA 22601 Property # 55-A-201 Name: Orrick Cemetery Company, Inc. 501 S. Braddock Street c/o R.W. Burks Admin. Winchester, VA 22601 Property # 55 -A -20B Name: Stafford, Timothy V. & Mary McHale 8705 C Street Property # 55-A-197 Chesapeake Beach, VA 20732 Name: Green Sen, LLC c/o Greenwood Grocery 1893 Senseny Road Property # 55-A-198 Winchester, VA 22602 Name: TCG Management, LLC 847 Lake St. Clair Property # 55-A-194 Winchester, VA 22603 Name: Stafford Timothy V. & Mary McHale 8705 C Street Property # 65A-7-8 Chesapeake Beach, VA 20732 Name:Kerns, Kathy S. 918 Greenwood Road Property # 65A-7-7 Winchester, VA 22602 Name: Shields, Robert J. & Carolyn L. 927 Greenwood Road Property # 65A-3-39 Winchester, VA 22602 Name- Gum, David C. Jr. & Paige E. 3026 Woodside Road Property # 65A-3-44 Clearbrook, VA 22624 Caneoif Road Property # 65A-2-1-6 Winchester, VA 22602 Name: Casey, Charles H. 775 Fox Drive Property # 65A--3-46 Winchester, VA 22603 Name: Russell, Robert W. & Kristina S. 109 Greenwood Avenue Property # 65A-3-48 Winchester, VA 22602 Name: Whetzel, William A. Sr. & Angela L. 111 Greenwood Avenue Property # 65A-3-50 Winchester, VA 22602 Name: Gochenour, Jeffrey R. 113 Greenwood Avenue Property # 65A-3-52 Winchester, VA 22602 14 I CITY OF I�VINQHNESTER I« -- 6� u M I 1932-1958 SENSENY ROAD REZONING FREDERICK COUNTY, VIRGINIA SCALE: 1"=20D0' DRAWN 6Y: RED DATE: 04-09-08 JOB #0803075 REVISED: PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA VICINITY MAP REZONING APPLICATION #15-08 ADAMS COMMERCIAL CENTER Staff Report for the Planning Commission Prepared: December 16, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 01/07/09 Pending Board of Supervisors: 01/28/09 Pending PROPOSAL: To revise proffers associated with Rezoning 402-05 for 28.10 acres of land zoned B3 (Industrial Transition). This revision is intended to remove the previously proffered uses on the site. LOCATION: The property fronts on the west side of Martinsburg Pike (Route 11 North), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-75 PROPERTY ZONING: B3 (Industrial Transition) PRESENT USE: Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential South: M1 (Light Industrial) District & Use: Residential RA (Rural Areas) District Residential East: RA (Rural Areas) District & Use: Residential B2 (Business General) District Industrial West: B3 (Industrial Transition) District Use: Industrial PROPOSED USES: Commercial and Industrial uses as permitted in the B3 District. Rezoning #11-08 — Adams Commercial Center December 16, 2008 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this proper -Ly appears to have a measureable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Adams Commercial Center Rezoning Application dated August 12, 2008 addresses transportation concerns associated within this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 11, 2008 from Candice E. Perkins, AICP, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. In 2004, the Board of Supervisors approved Rezoning # 11-04 which rezoned the property to the B3 (Industrial Transition District) with proffers. On May 13, 2005 the Board of Supervisors approved Rezoning #02-05 which revised the proffers for the site to modify the proffered uses of the site. 2) Proffer Statement - Dated April 17, 2008; Revised December 9, 2008 Request to Revise Proffered Conditions: The applicant has submitted the current rezoning petition in an effort to revise the existing proffered conditions relating to the permitted uses for the property. Specifically this revision removes the previously proffered uses and building square footage cap on the site and prohibits certain uses on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. Rezoning #I 1 -08 — Adams Commercial Center December 16, 2008 Page 3 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance (Yardmaster Court) and the location of buffers and preservation areas. Staff note: Consistent with previously proffered condition. (Please note that the GDP has been revised to remove proposed uses.) B) Vehicle Per Da VPD and Land Use Restrictions 1) Conditional Rezoning application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7" Edition volumes. The Applicant hereby proffers to restrict development of the 28.10 acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10 acre property should additional development occur on the remaining parcels in the Adams Development not covered by this revised rezoning application. 2) The applicant has proffered to prohibit the following B-3 District land uses on the site: • Amusement and recreational services operated indoors • Automotive dealers and gasoline service stations • Drive-in motion picture theaters • Food Stores • Local and suburban transit and interurban highway passenger transportation • Business associations; membership organizations; and labor unions • Model home sales offices • Motor freight transportation, excluding warehousing and storage Restaurants • Transportation by air • Transportation services • Truck stops Staff Note: The proffers from Rezoning #02-05 restricted the uses on the site to office, building materials and lumber stores, wholesale, warehouse, and self-service storage facilities. The proffer also limited the site to 555,000 square feet. C) Transportation 1) Direct access to Martinsburg Pike will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10 acre property. Staff note: Consistent with previously proffered condition Rezoning #11-08 — Adams Commercial Center December 16, 2008 Page 4 2) Turn lane — Martinsburg Pike. The applicant has constructed a right -turn lane deceleration lane at the entrance on Martinsburg Pike. The applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. Staff note: Consistent with previously proffered condition Staff Note: With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. 3) Additional Right-of-way Dedication The applicant proffered to dedicate 20 foot of ROW along Martinsburg Pike with the original rezoning. This ROW has been initiated by the applicant through a dedication to the County. Staff note: Consistent with previously proffered condition 4) Corridor Improvements, Signalization The applicant proffers to contribute a share of the cost of signalization improvements in the area of Interstate 81 Exit 321. VDOT will determine the appropriate location for signalization improvements and will determine when warranted. When determined by VDOT, the applicant will enter into a signalization agreement with VDOT and provide a one-time contribution to VDOT based on traffic volume generated by the developed portion of the subject property. Staff note: Consistent with previously proffered condition 5) Corridor Improvements Bicycle and Pedestrian Facility The applicant has proffered to construct a ten foot asphalt path to be located within the 20 foot green strip identified in proffer F. The path on the northern portion of the entrance shall be completed prior to the issuance of an occupancy permit on the north side and the southern portion shall be completed before any occupancy permits are issued on the southern portion of the site. Staff note: This is a newproffer, Rezoning #02-05 did not accountfor a ten footpath. D) North Buffer The applicant has proffered to utilize a 6' high berm opaque screening option along the north property line. Staff note: Consistent with previously proffered condition E) South Buffer The applicant has proffered to utilize a 6' tall fence as the opaque screening option along the south property line. Staff note: Consistent with previously proffered condition Rezoning #11-08 -- Adams Commercial Center December 16, 2008 Page 5 F) Corridor Appearance Enhancements The applicant has proffered landscape enhancements along Martinsburg Pike (Route 1 i iv) to include a 20 foot wide green strip, a low-level earth berm, low-lying shrubs and a single row of deciduous flowering trees. See Corridor Appearance Enhancement Exhibit Staff note: Consistent with previously proffered condition — includes the addition of the ten foot asphalt path. G) Monetary Contributions to Offset Impact of Development A monetary contribution of $.015/building square foot. Staff note: Consistent with previously proffered condition STAFF CONCLUSIONS FOR 01/07/09 PLANNING COMMISSION MEETING: This is an application to revise the proffers associated with Rezoning #02-05 for 28.10 acres of land zoned B3 (Industrial Transition). Specifically, this revision removes the previously proffered uses and building square footage cap on the site and includes uses that have been prohibited on the site. The revised proffer also accounts for the construction of a ten foot asphalt path along the Martinsburg Pike frontage of the site. With this revision, the applicant should be implementing the Frederick County Eastern Road Plan which identifies Martinsburg Pike as an improved minor arterial road (U41)). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. COUNTY ®f FREDERICK Roderick B. Williams ' County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us December 8, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL Mr. Evan Wvntt. A -ICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 DEC 0 9 2008 ^r-r7N111AIAN Re: Rezoning Application, Parcel Number 44-A-75, Adams Commercial Center — Revised Proffer Statement dated October 1, 2008 Dear Evan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: Proffer B2 remains unclear regarding what the reference to "motor freight transportation" might actually exclude. SIC Major Group 42 is designated "Motor Freight Transportation And Warehousing" (emphasis added). Furthermore, the Industry Groups within Major Group 42 clearly distinguish between activities with an emphasis on transportation, Industry Group 421: Trucking And Courier Services, Except Air, and those without, Industry Group 422: Public Warehousing And Storage (this group includes, for example, self - storage, an activity that it would seem is not typically considered as involving transportation per se, any more so than a number of retail activities). Also, staff should be aware that, while SIC Major Group 86 is designated "Membership Organizations", the applicant intends, by its reference to "Membership Organizations", to proffer out only Industry Group 862: Professional Membership Organizations, and not Industry Group 861: Business Associations and Industry Group 863: Labor Unions And Similar Labor Organizations, which are also allowed uses in the B3 District. See Evan Wyatt letter to me, dated October 17, 2008- 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICP December 8, 2008 Page 2 ?. Staff should be aware that the applicant has deleted the former Proffer H, regarding BMP facilities, per the comment from the applicant. See Evan Wyatt letter to me, dated October 17, 2008. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick September 11, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FIRED E RICK Department of Planning and Development 540/665-5651 RE: Proposed Rezoning of the Adams Property Property identification Number (PiN): 44-A-75 Dear Evan: FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Adams Property. This application seeks to rezone 28.10 acres of land from the B3 (Industrial Transition) District with proffers to the B3 District with revised proffers. Staff's review comments are listed below for your consideration. 1. Martinsburg Pike Improvements. As indicated in the Frederick County Eastern Road Plan, Martinsburg Pike is identified as an improved minor arterial road (U4D). With this rezoning application, the applicant should be constructing the additional lane along the frontage of the site. Proffer B.I. Proffer B appears to be placing an impact on parcels 44-A-7513, C, D, E and F. The original proffer stated that the entire site was limited to 4,603VPD, and the revised proffer states that the remainder of 44-A-75 is limited to 3,607VPD. The last sentence of this proffer states that the 3,607VPD may be reduced if additional development occurs on the remainder of the site. This proffer does not account for the opposite situation where if 44-A-75 utilizes all of the 3,607VPD the parcels B-E will not be able to expand. If parcel 44-A-75 utilizes all of the 3,607VPD, parcel E, which is currently vacant,-�voula not be able tc deveiop at a!!- 3. Proffer B.2. The original proffer was very restrictive in regards to uses, as it limited the site to only five types of uses. The new proffer allows for all uses except what is listed in proffer B.2, which allows for many other uses. The applicant should also look at restricting restaurant uses on the site. 4. Proffer D. It appears that proffer D can be removed from the revised proffer statement as it does not apply to PIN 44-A-75. 5. Proffer G. It appears that proffer G should have the same timing as proffer C.5. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of The Adams Property September 11, 2008 6. Proffer I. The total potential monetary contribution needs to be modified since parcels B-E are not part of this application. 7. Proffer G. It appears that the corridor appearance proffer could be modified to create a staggered buffer. Please refer to previously approved buffers proffered with Rutherford Crossing or Easy Living. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 10. Fees. The fee for this application includes a $5,000.00 base fee plus $200.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner Attachments cc: Adams Development Group, Inc., HC 34 Box 30, Bloomery, WV 26817 CEP/bad damsM—inerelial IteZoning REZ # 15 - 08 PIN: 44-A- 75 Center W. a � . •r�rl �`�t +rrll�. `ya WE u f5 '15U 300 Feet I t--] Future R137 Bypass Zoning Case Planner: Candice M2 (Industrial, General District) Application Bl (Business, Neighborhood District) 4 MHl (Mobile Home Community District) Buildings B2 (Business, General Distrist)MS Medical o � ( Support District) y• Urban Development Area � B3 (Business, Industrial Transition District w ) Ra (Residential Planned Community District) .._, SWSA 4W EM (Extractive Manufacturing District) 4w, R5 (Residential Recreational Community District) 4W HE (Higher Education District) _ _1 RA(Rural Area District) M1 (Industrial, Light District) RP (Residential Performance District) Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 PROPOSED PROFFER STATETMENT REZONING: RZ# / 5- 0'9 Industrial Transition District (133) with Proffers to Industrial Transition District (133) with Revised Proffers PROPERTY: 28.10 acres +/-; Tax Parcel #44-((A))-75 RECORD OWNER: Adams Development Group, Inc., Robert C. Adams, President APPLICANT: Adams Development Group (here -in after "the Applicant") PF 6JECT NAME: Adkins Commercial Center ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 17, 2008 December 9, 2008 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 Rezoning Application for the rezoning of 28.10± acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (133) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the 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 this Applicant and their legal successors, heirs, or assigns. Approval of this proffer statement does not eliminate previously approved proffers associated with current Tax Map Parcels 44 -((A)) -75B, 44- ((A)) -75C, 44 -((A)) -75D, 44 -((A)) -75E and 44 -((A)) -75F; which were approved under the conditions set forth in RZ #02-05 approved by the Frederick County Board of Supervisors on April 13, 2005. The subject property, more particularly described as the lands owned by Adams Development Group, Inc. being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Richard A. Edens, L.S., dated April 24, 2007 and recorded as Instrument No. 070007323 (see attached Boundary Survey Plat). File #3949/EAW Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 A.) Generalized Development Plan The Applicant hereby proffers to develop the 28.10± acre. property in substantial conformance with the attached Generalized Development Plan — Adams Rezoning 28.10± Acre property, dated October 1, 2008 and approved as part of the rezoning application. B.) Vehicle Per Day (VPD) and Land Use Restrictions 1.) Conditional Rezoning Application #02-05 limited traffic generation for permitted land uses to a maximum of 4,603 VPD based on ITE Trip Generation 7`h Edition volumes. The Applicant hereby proffers to restrict devefopme.-.t of the 223.10± acre property to an amount to be determined during Site Plan approval, not to exceed a maximum of 2,900 VPD. The Applicant acknowledges that the maximum 2,900 VPD may be further reduced for the 28.10± acre property should additional development occur on tax parcels 44 -((A)) -75B, 44 -((A)) -75C, 44- ((A)) -75D, 44 -((A)) -75E and 44 -((A)) -75F. 2.) The Applicant hereby proffers to prohibit the following B-3 District land uses within 28.10± acre property: ➢ Amusement and recreational services operated indoors A Automotive dealers and gasoline service stations ➢ Drive-in motion picture theaters ➢ Food stores ➢ Local and suburban transit and interurban highway passenger transportation. A Business associations; membership organizations; and labor unions ➢ Model home sales offices ➢ Motor freight transportation, excluding warehousing and storage ➢ Restaurants ➢ Transportation by air ➢ Transportation services ➢ Truck stops C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for the 28.10± acre property and all parcels previously subdivided from tax parcel 44-((A))-75. This File #3949/EAW 2 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 shared commercial entrance has been constructed to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The Applicant has constructed a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). The Applicant will be responsible for the relocation of the right -turn deceleration lane should this be required as a result of the future Martinsburg Pike transportation plan improvements. 3.) Additional Right-of-way Dedication In the interest of future area transportation plan impiovements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. This right-of-way commitment has been initiated by the Applicant through dedication to Frederick County as evident in Deed Instrument No. 050017512. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the Applicant hereby proffers to contribute a share of the cost of signalization improvements in the area of Interstate - 81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. When determined by VDOT, the Applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in an amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. 5.) Corridor Improvements, Bicycle and Pedestrian Facility The Applicant hereby proffers to construct an asphalt bicycle and pedestrian facility that is 10 feet in width and located within the 20 -foot green strip identified in Section F of this proffer statement. The Applicant shall construct this bicycle and pedestrian facility on the north side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the north side of that entrance, and shall construct this bicycle and pedestrian facility on the south side of the single shared commercial entrance prior to the issuance of a building occupancy permit for the first site plan on the south side of that entrance. No portion of the asphalt bicycle and pedestrian facility will be constructed with the 20 -foot right-of- way dedication area identified in Section C(3) of this proffer statement. File #3949/EAW 3 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 D.) North Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 44 -((A)) -76A, 44 -((A)) -76B, 44 -((A)) -76C and 44 -((A)) - 76D as depicted on the proffered GDP. E.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to tax parcels 14-((<A))-70, 44-((A))-7''.; 44-((A))-73, and 44-((1))-D as depicted on the proffered GDP. F.) Corridor Appearance Enhancements The Applicant hereby proffers to enhance the appearance of the Martinsburg Pike (U.S. Route 11) corridor through the implementation of a low-level earth berm and landscaping along the frontage of the subject property. This enhancement will be located within a 20 - foot wide green strip that is located immediately adjacent to and on the west side of the dedicated 20 -foot right-of-way strip, which will contain an earth berm that is 2 -feet in height with staggered low-lying shrubs and a single row of deciduous flowering trees that are a minimum of 1 t/2 caliper and planted on 30 -foot centers. This corridor appearance enhancement will be designed to ensure that sight distance is not negatively impacted at the commercial entrance to the subject property, will be developed in substantial conformance with the Corridor Appearance Enhancement Exhibit dated October 1, 2008, and will be installed by the Applicant consistent with the construction of the bicycle and pedestrian facility as described in Section C5 of the proffer statement. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above-described property hereby voluntarily proffers that in the event rezoning application is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .015/ building square foot This payment is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid prior to issuance of the building occupancy permits. File #3949/EAW 4 Greenway Engineering April 17, 2008 Adams Development Group, Inc. Rezoning Revised July 29,2008 Revised August 12, 2008 October 1, 2008 December 9, 2008 H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. 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: ADAMS DEVELOPEMNT GROUP, INC. C. Adams, President Date Commonwealth of Virginia, Cit ounty fy'ec el��(G To Wit: The foregoing instrument was acknowledged before me this( -4h day of J� C -w 6cr 200 by C �G��y15 Pres dei 1-{ Notary Public My Commission Expires I Zq 1.2-612— 'Njio5i-ro-4-loy) -14 Z Id (P 3 �,?��•�RQINN :•b ""IRY,Po�� File #3949/EAW 0 Z a W W Z a Z W N a N m N �} LU Q q P y W 12 E z 0 m 5 I SCALE: NTS DESIGNED BY: TEAM FILE NO. 3949 SHEET 1 OF 1 I �PLTH OFA C Z_ - MARK D. SMITH v A No.022837 - 24 SSS/ONAL EAG\ Z W L cc IL W o � Q 2w L �o O +t z Q O z W r � a V W N D Z N Z w m o U - Q O I- CC N W W Z CC W W O � Q D Q DATE: 10/01/09 I SCALE: NTS DESIGNED BY: TEAM FILE NO. 3949 SHEET 1 OF 1 X20' FCSA EASEMENT f �SOUTH BUFFER -EX. WETLANDS 0f%Q A 01 MAD rpr Q N W f 4 OO t9 w , w � CORRIDOR APPEARANCE ENHANCEMENT 20' GREEN STRIP WITH 6' WIDE, 7 HIGH BERM (PROFFER "F") `✓ I _ �6' �;�� •I{OUERING tREE9 �1' NKhI BE,Bi ® .LM LTM N4RA S r I I '► RT. 11 - MAR'TINSBLlRG VARIABLE R!W 55 -MPH 1 i I cm mnN w D 4 30 5 0 30 60 SCALE: 1" - 30' �Y WT �� wm 4 W F V— Zm CCa aW WF�a L z ZW y=j W O� L a �Wj 6 U Wa pvo�Q �a a 0a o CZ ul V W DATE: 10/01/2000 SCALE. H� 1" = 50' DESIGNED BY: KLB FILE NO. 3949 SHEET 1 OF 1 REZONING APPLICATION FORM FREDERICK C0' JNTY, VIRGINIA Tobe completed by Planning Staff, Fee Amount Paid ` Zoning A tiendment Number Date Receive 1 �e PC Hearir.6 Date BOS Hearing Date ` The following information shall be provided by the applicant.- All pplicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway En ing eering Telephone: 540-662-4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property Owner (if different from above) Name: Adams Development Group, Inc. Robert Adams Telephone: 540-539-3599 Address: HC 34 Box 30, Bloomery, WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement ❑ Verification of taxes paid ® Proffer Statement The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Adams Development Group, Inc. 5. 6. A) Current Use of the Property: Undeveloped B) Proposed Use of the Property: Industrial Transition Uses Adjoining Property: Please see attached adjoiner information PARCEL ID NUMBER USE ZONING I 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): North of the City of Winchester, fronting on the west side of Martinsburg Pike (US Route 11) opposite the intersections with Stephenson Road (Route 664) Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package, 9. Parcel Identification/Location: Parcel Identification Number 44-A-75 Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Clear Brook Middle School Rescue Service: Clear Brook Elementary School 10. 11. James Wood Middle School Stonewall Elementary School Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 28.10 B3 (with proffers) B3 (with revised proffers) Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes Non -Residential Lots Office: Self Serve Storage: Lumber Store: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses* Wholesale: Warehouse: Other: Multi -Family Hotel Rooms: *Structural square footage is limited for the 28.10± acre area based on a maximum VPD as described in Section B(1) of the proffer statement. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Owner (s): Date: 17 9 108 Date: G' Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web SALe: www.co.frederick.va.us Department of Planning & Development, County of Frederick. Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Robert C. Adams, President Adams Development Group (Phone) (540) 539-3599 (Address) HC 34 Box 30, Bloomery, WV 26817 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030015420 on Page 0670, and is described as Parcel: 44 Lot: 75 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Wincehster, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have bgreto set my (our) hand and seal this �l l day ofPImAs200 e'.1B� / r 4 Signature(s) 0.��, State of Virginia, City/ oun o -wit: � I, VbOeu L; (50, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s).wj.6. signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ! '••,...•• ac wledged the same before mein the jurisdiction aforesaid thisa k day ofp!Z, � 2006 �'1 J t 10 My Commission Expires: -014- Z � ! � Notary Public R,63 6f Ggfo 10 to r� ,,. Adams Development Group Property, Yardmaster Court Adjoining Property Owners Listing File 3949 Tax Map Number Owner Mailling Address City & State ZIP 44 1 D PAYNE O. L. & RUTH B. PO BOX 160 STEPHENSON VA. 22656 44 A 64 EMMANUEL UNITED METHODIST 2732 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 70 SOUTH END HOSE CO LC PO BOX 213 WINCHESTER VA 22604 44 A 72 DEMOREST RICHARD D PO BOX 233 CLEARBROOK VA 22624 44 A 73 WHITE ELWOOD L & BETTY L 2695 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 75B SPIRIT SPE PORTFOLIO 2007-2 LLC C/O 84 LUMBER COMPANY 1019 ROUTE 519 ATTN TAX DEPARTMENT BLDG 4 EIGHTY FOUR, PA 15330 44 A 75E JRE WINCHESTER LLC 11047 LEADBETTER RD ASHLAND VA 23005 44 A 75F EVANLYNN LLC 134 WINDY HILL LN # W2-1 WINCHESTER VA 22602 44 A 76A MULLINS DEBORAH A. PO BOX 243 STEPHENSON VA. 22656 44 A 76B CONARD FLORENCE H. C/O FLORENCE SHUSTER PO BOX 202 STEPHENSON VA. 22656 44 A 76C WILDER ANN H. PO BOX 251 STEPHENSON VA. 22656 44 A 76D MAY EDWARD M MAY JUANITA A 2851 MARTINSBURG PIKE STEPHENSON VA 22656 44 A 89 APAC-VIRGINIA INC C/O W -L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 44 A 89A IFRANKLIN L F & SONS INC C/O W -L CONSTRUCTION & PAVING PO BOX 339 STEPHENSON VA 22656 4/17/2008 Source: Frederick County GIS, April 2008 1 of 1 Map Data Source: Frederick County, Va. GIS Department, 2008 Data Map Data Source: Frederick County, Va. GIS Department, April 2008 Data O 0 O O 24 8.6863 ACRES IPORTION NORTH OF YAROMASTEP. COUR L YARDMASTER COURT VARIABLE WIDTH RIW P1 INST. No. 050017512 20 62' At 44 DT P4 B 1 6 Ur SFE /N No.030024641 12 RESIDUE OF TAX PARCEL 44 -A -T5 2R.1055 ACRES (TOTAL) 19.4192 ACRES 'ORTION SOUTH OF LEGEND f = CENTERUNE OF PAVEMENT R/W = RIGHT OF WAY ®ADJOINING PROPERTY OWNER TAG REFERS TO KEY ON SHEET 2 �n CORNER MONUMENT TAG REFERS TO CORNER J DESCRIBED IN METES & BOUNDS DLSCRIP77ON Q 60'. 0 ate,_ 250 0 250 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 2 FOR M07ES AND KEY TO ADJOINING PROPERTY OWNERS. SEE SHEETS 3 & 4 FOR METES AND BOUNDS DESCRIP77ON. BOUNDARY SURVEY OF THE LAND OF THE ADAMS DEVELOPMENT GROUP, INC. STONEWALL MAGISTERIAL DISTRICT, FREDkRICK COUNTY, VIRGINIA SCALE: 1" = 250'DATE: APRIL 24. 2007 GREENWAY ENOINEERIMG, INC. 751 Windy Hill Lane Engineers Winchester, rrrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.grrenwayeng.com p,LTH o� �RIW A. EDENS a No.002550 4-24--o7 �� SURv��fl 3949 SHEET 1 OF 4 REZONING APPLICATION #10-08 MASTER DEVELOPMENT PLAN #08-08 GOVERNORS HILL Staff Report for the Planning Commission „x Prepared: December 19, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner John A. Bishop, AICP, Deputy Director - Transportation ti This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 01/07/09 Board of Supervisors: 01/28/09 Action Pending Pending PROPOSAL: To rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11-05. LOCATION: The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-83, 64 -A -83A, 64 -A -84,64 -A -85,64-A-86 and 64-A-87 PROPERTY ZONING & USE: Zoned: R4 (Residential Planned Community) District Use: Undeveloped RA (Rural Areas) Use: Residential/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Single Family Residential South: RA (Rural Areas) Use: Regional Airport East: M1 (Light Industrial) Use: Industrial and Residential MH1 (Mobile Home Community) West: RA (Rural Areas) Use: Regional Airport and Office B2 (Business General) PROPOSED USES: 278 acres of mixed use (161.1 acres of commercial and 550 residential units) Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 50, 1538 and 781. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the Governors Hill Development rezoning application dated September 2, 2008 address transportation concerns associated with this request. We have reviewed the proffers, preliminary drawings, as well as the associated traffic impact analysis (TIA) report. There have been two primary questions asked of the Department with respect to this application. First, would a single point of access for the development function, and second, to offer our opinion regarding the proposed removal of the development's connection to Route 655 at Route 50. From our review of the TIA, it is our opinion that a single point of access to the proposed development offers certain failing or under -performing conditions that are not desirable. Furthermore, as also evidenced in the applicant's TIA, the existing proffered connection from the development to Route 655 at Route 50 offers good regional connectivity. Revising the development's road connection proffers as requested by the applicant, would remove a logical and effective future road connection that has been a part of the County's planning activities for many years. We offer the following detailed review comments: Regional Planning The planned proffer modification that will remove a previously -agreed -to connection to Sulphur Spring Road (Route 655) is inconsistent with the County's Eastern Road Plan, updated as recently as August 2007. As depicted, both the connection to Route 655 and Inverlee Way thru the development are planned Major Collectors. The approval of this rezoning request as presented would arguably eliminate the County's ability to see the connection to Route 655 move forward in the foreseeable future. Additionally, it is important to note that a Six Year Improvement Plan project northwest of Route 50 along Route 655 is currently designed to provide typical section (land arrangement) that would be inconsistent with the amended proffer/rezoning currently being considered with this application. It may be warranted for the County to re-evaluate the scope of the project should the connection be removed. As part of the TIA that was prepared for this request, three scenarios have been presented (at different stages of development). The first with one connection which is made at Inverlee via Coverstone Drive. The second a single connection made opposite Route 655; and the third, a combination of connections at Route 655 and Inverlee Way via Coverstone Drive. From a regional planning perspective, VDOT's opinion is that Scenario 3 is the preferred option for the following reasons: ❖ Consistency with the 2007 adopted Comprehensive Plan. ❖ Connection opposite Route 655 offers enhanced access from the eastern part of the County to the planned future realignment of Route 522 and destination development west of the I-81 area. Connection (as approximated in the TIA) would divert a minimum of 30%+ of the planned development traffic (and background traffic) away from Route 50 as ;t annrnac-.l,i-c a land „se settin that is increasin 1v more residential in nature. Allowing a rr_.,...___..., .. g g single point of access for a large scale retail planned development opposite Inverlee could arguably be disruptive to neighboring residential uses. ❖ Connection opposite Inverlee offers direct access to planned development north of Route 50. ❖ As can be construed in the TIA, a connection opposite Route 655 could very well satisfy an existing significant latent demand for the connection. Rezoning #10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 3 ❖ From an access management perspective, the Route 50 Corridor is identified as a Principal Arterial which requires certain access goals be recognized during the development process. The distance between Inverlee and Route 655 is nearly I/2 mile, which is reasonably consistent with the recently adopted VDOT Access Management Regulations. ❖ It is important to understand that the connection to Inverlee Way via Coverstone Drive was never an "either/or" option as evidenced in the 10/12/2005 rezoning and related approved proffers which state: Picture (Metafile) The future connection to Inverlee Way has been contemplated for some time so as to supplement access to the proposed development at Route 655 and Route 50. What is now being considered is the elimination of the Route 655 connection, at the same time that the applicant is requesting the addition of hundreds of thousands of additional square feet of retail space. While the subject TIA has demonstrated that significant large scale improvements to Inverlee Way at Coverstone Drive can result in an overall LOS of C, it is critical that the County understand that 6 out of 11 of the movements at this intersections fail/under-perform at build -out (LOS D, E and F). Proffers ❖ We disagree with Section 15.6 of the current proffer as it relates to the monetary contribution for the signalization of Costello and Prince Frederick Drive. At current VDOT costs, the offered amount of $150,000 would cover only 75% of the cost of a signal. We disagree with the terms of Section 15.2: Phase 4 of the proposed proffers which establishes a deadline of June 30, 2018 for the County or VDOT to secure right-of-way for the extension of Coverstone Drive Extended. This terminology was not included in prior agreements, and we feel that a deadline should not be established now. ❖ Revised Section 3.1 to read as follows: The applicant shall design and construct a two lane public roadway from Arbor Court to Tazewell/Coverstone Drive. ❖ Similar to VDOT comments at the time of the 10/2005 application, we are concerned about proffer language included in Section 15.12 Which states "The applicant shall make good faith efforts to obtain any off-site ROW needed to complete any proffered off-site transportation improvements. In the event that the Applicant is not able to obtain the ROW and, further, the County and/or State of Virginia do not obtain the necessary ROW, the Applicant shall not be responsible for constructing those improvements where sufficient ROW is not available". We would suggest that those specific off-site improvements where ROW may be problematic for the Applicant be identified and reviewed prior to the approval of the current rezoning application. ❖ We disagree with Section 15.13 of the proposed proffer which states that the TIA that has been provided for this application be valid for a period of 6 years from the date of final rezoning. Given that no specific tenants have been identified that will utilize a new public road (Coverstone) from Prince Frederick to Route 50, the evolving nature of the neighboring parcels, and historic regional growth patterns, we do not support this proffered condition. Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 4 TIA — Technical Observations Please use separate figures for site generated and pass -by trips in the future. • For 2025 Build -out scenarios 1, 2, and 3 with Imp the intersections have an acceptable intersection overall LOS, but many movements operate at LOS F. As an example, please refer to the following sub -bullets: • The approach to Route 50 from Inverlee Way currently enjoys a LOS of B, and is projected to maintain a LOS C during the 2025 background conditions. That said, the proposed development would create a new signalized intersection at Inverlee and Route 50 resulting in a LOS D for this approach. • At the Prince Frederick Drive and Route 50 intersection during year 2025, Saturday peak - hour background (no -build), the LOS at the intersection is B, with all individual movements operating at acceptable/good LOS (A,B,C). Also, the roadway between Route 50 and Costello Drive yields 250+ vehicles in the peak hour. By contrast, at build -out, a peak hour volume of 1,850+ along the roadway from Route 50 to Costello Drive. This with no planned improvements to Prince Frederick Drive other than turn lanes at intersections. • We disagree with the spacing of the proposed driveway entrances and signalized intersections along Coverstone Drive. The arterial LOS from Tazewell Drive to Route 50 is LOS D for NB, and LOS E for SB during the 2025 build -out, Saturday conditions as an example. When considering the volumes and traffic operations depicted in the TIA, we feel that the following additional improvements are necessary at the intersection of Coverstone and Tazewell: EB Dual lefts SB Dual lefts Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right- of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshall: Plan approval recommended. Public Works: Refer to our previous review comments, 1 and 3, dated to June 27, 2005, related to the Carpers Valley Rezoning. These comments need to be incorporated in the proposed MDP. Indicate the contour intervals shown on the applicable topographic sheets. Existing ponds are shown on sheet 4 of 6 in conjunction with proposed stormwater management ponds. Indicate if the existing ponds will be used in the development of a stormwater management plan for the commercial area. If so, the site design should reflect what measures will be taken to ensure the integrity and long-term stability of the dams associated with these ponds. Off-site easements may be required to accommodate point source discharges. The area in the vicinity of the existing rubble fill is shown as steep slopes rather than uncompacted fill. This discrepancy needs to be resolved in conjunction with addressing the previous rezoning comment related to this fill. Indicate if consideration has been given to construction one or two large stormwater detention facilities in the Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 5 residential development areas rather than the ten small facilities shown on sheet 4 of 6. This approach would greatly reduce the maintenance responsibilities assigned to the Homeowners' Associations. Inspections Department: No comments at this time. Comments shall be made at site plan submittal. Sanitation Authority: There should be sufficient sewer and water capacity to serve this project. Service Authority: No comments. Health Department: Health Department has no objection if public water and sewer is to be utilized. Permits for restaurants and motels/hotels are required if applicable. Parks & Recreation: The proposed monetary proffer for Parks and Recreation does not appear to be adequate to compensate for the impact the residents of this development will have on the capital needs of the Parks and Recreation Department. Plan appears to offer the equivalent to the required number of recreational units; however, detailed information regarding the proposed recreational units will be needed for review during the subdivision review phase of this project. The pedestrian/bicycle trail appears to meet County standards and should be constructed to the 2007 MPO Bicycle/Pedestrian Plan specifications. The proposed Dog Park would not be considered a recreational unit. The net useable open space to be provided in the commercial areas should be included in the project summary. It appears this project is required to provide 30% open space throughout the entire development. The proffered neighborhood swimming pools should have adequate decking, dressing rooms and support amenities. Completion of the 3,000 square foot Community Center and the 3,500 square foot swimming pools by the issuance of the 281St building permit should be reviewed and approved by the Planning Department as deemed appropriate. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Winchester Regional Airport: After review by legal counsel, we feel that the proffer referring to an avigation easement be reworded in order to clearly define the Airport Authority's request for an avigation easement and the applicant's concurrence to that request. On behalf of the Winchester Regional Airport Authority, I respectfully request the following change in the Proffer Statement under Section 14.Environment, Subsection 14.3: The Applicant shall convey to the Winchester Regional Airport Authority an avigation easement to provide further protection for Airport operations in the form as attached to this document. The Applicant shall provide noise attenuation treatment for all residential units. I have enclosed a copy of the Deed of Easement for your use. This is the same easement form recorded in the County of Frederick between the applicant and the Airport Authority on prior land transactions. Provided the above language is used to replace Subsection 14.3, the Airport Authority has no further comments or objections to the proposed Rezoning #10-08 — Governors Hill Master Development Plan 908-08 December 19, 2008 Page 6 rezoning. Frederick County Public Schools: The cumulative impact of this project and other projects in varying stages of development in eastern Frederick County will necessitate future construction of new schools and support facilities to accommodate increased student enrollment. We estimate that the 422 single-family attached units and 128 multifamily units in the development will house 46 high school students, 45 middle school students and 94 elementary school students. In order to properly serve these 185 students, Frederick County Public Schools will outlay $6,409,000 in capital expenditures and $1,890,000 annually in operating costs. We note the case proffers for public schools of $1,714 per dwelling unit, which totals $942,700. This would defray only 15% of the $6,409,000 in capital costs mentioned above. We will be sending four school busea-(two elementary, one middle school and one high school) into a subdivision that has only one access point to the road network. With roughly 75% of the 550 proposed households on Tazewell Road, there are a lot of vehicles concentrated on that one road that can slow travel along it, or even close the road in the event of an accident. We therefore recommend the addition of a signalized access point onto Route 50 to facilitate the movement of traffic, including our buses, to and from the broader road network. Frederick County Public Schools is concerned about all land development applications. Both capital expenditures and annual operating costs are significantly increased by each approved residential development, as is illustrated above. Frederick County Attorney: Please see attached letter dated April 22, 2008 from Roderick B. Williams, County Attorney. Plannin1l Department: Please see attached letters dated April 28, 2008 and October29, 2008 from Candice E. Perkins, Senior Planner and letters dated April 28, 2008 and October29, 2008 from John A. Bishop, AICP, Deputy Director — Transportation. Planning & ZoninjZ: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. On October 12, 2005 the Board of Supervisors approved Rezoning #I1-05 which rezoned parcels 64-A-82, 64-A-83, 64 -A -83A, 64-A-86, 64-A-87, 64 -A -87A to the R4 District with proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to Rezoning #10-08 — Governors Hill Master Development Plan 908-08 December 17, 2008 Page 7 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. A portion of the site is located within the Urban Development Area (UDA), specifically the residential portion of the development (Land Bay 1) is within the UDA. The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business/office land use. The existing and proposed R4 zoning is generally consistent with this plan as it relates to this area. (Comprehensive Policy Plan, p. 6-87, 6-88, 6-89) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. Business and industrial uses should be the primary uses in the airport support area. (Comprehensive Policy Plan, p. 6-169) Transportation The Eastern Road Plan was adopted by the Board of Supervisors on November 8, 2006 and is a component of the Comprehensive Policy Plan. The planned road network included in Eastern Road Plan identifies a collector road network through this area. This network includes the extension of a major collector road (Coverstone Drive) from Prince Frederick Drive (extended to the relocated Route 522 when constructed) through the property and connecting to Route 50 at two separate intersections. The Eastern Road Plan calls for connections with both Inverlee Way and Sulphur Springs Road. Staff Note: The previous rezoning (#11-05) recognized both of these connections. However, this new application and associated proffers renders the connection to Sulphur Springs impossible in the future. It is the opinion of staff that with slight modification, the potential for the Sulphur Springs connection could be preserved for the future, thus preserving the compliance of this application with the adopted comprehensive plan. The applicant has noted that the Sulphur Springs intersection would result in a less safe transportation network; however, the accident data does not support this. In addition, the actual construction of 4 lane collector roadways within the development has been reduced by over -% mile. 3) Master Development Plan (#08-08) A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The R4 District requires that Master Development Plans be proffered as part of the rezoning application. Rezoning #10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 8 A revised MDP has been proffered with the new rezoning application. It is noted that the revised layout for the residential area now creates an area of units that are completely separated from the remaining units. These units as depicted would access Coverstone Drive through the commercial area. T he residential layout should be re-evaluated to ensure that it is internally connected. Staff Note: If the rezoning for Governors Hill is approved this Master Development Plan is consistent with the proffers and would be in a form that is administratively approvable. 4) Site SuitabilitvXnvironment Flood Plains: Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. As reported by the applicants, 100 -year flood plain, Flood Zone A, exists coincident with Sulfur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. The applicant indicated that disturbance will be limited to entrance and utility improvements. Any disturbance within the designated flood plain area will be subject to the requirements of the Floodplain District (FP) provisions of the Zoning Ordinance. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks- Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Wetlands: The site includes some areas of wetlands which are mainly confined to the man- made ponds located on the commercial land bay which were created as part of the golf - course, as well as areas within the ravines located within the residential land bay. Pursuant to the environmental standards of the Zoning Ordinance, disturbance of wetland areas is not permitted. Exceptions to this prohibition may be granted by the zoning administrator to allow disturbance of small portions of wetland areas to facilitate conservation, recreation, and/or the placement of utilities and roads. 5) Proffer Statement - Dated March 24, 2008; Revised September 2, 2008, October 31, 2008 and December 8, 2008 Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 9 1. Land Use (1.1-1.6) • The project shall be designed to establish interconnected mixed-use residential and commercial/employment Land Bays in general conformance with the Master Development Plan, subject to minor modifications necessary upon final engineering including but not limited to intersection alignments. Staff Note: All entrance alignments need to mirror the 1l7DP and modifications would not be permitted without a revised MDP. Proffer 1.1 should be revised to eliminate the statement about intersection alignments. • Development shall be in conformance with the "Design and Development Standards". (See Modifications below) • Residential Uses shall be prohibited in Land Bay 2. Land Bay 2 shall be restricted to uses permitted in the B2 (Business General) Zoning District. • Residential development on the property shall not exceed 550 dwellings. • Commercial development on the Property shall not exceed a total building floor area of 1,285,000 square feet without completion of additional traffic studies. The total permitted commercial building floor area may increase provided that the applicant completes a revised traffic impact analysis which identifies the impacts of trips for commercial development in excess of 45,815 Average Daily Trips and mitigation for said impacts is provided by the applicant in a form that is acceptable to the County and VDOT. Staff Note: The original proffers did not include this final bullet and staff feels it is inappropriate to include it now. It is important to note that the TL4 does not include analysis of the function of the individual entrances along proposed Coverstone Drive. This is important because, as noted in VDOT's comments, the proposed entrances are closely spaced. That, combined with the amount of development and traffic generation proposed to be allowed here, could have significant impact to the function of Coverstone Drive through the development. Since Coverstone Drive is intended to function as a major collector for the County, this is a concern. Should this issue concern become reality, the development should be prepared to address it and not leave the County and VDOT with the responsibility. Modifications Request — included within the Design and Development Standards proffered with proffer 1.2 (see booklet included in the agenda package). Per Section 165-72.0, of the County Code, an applicant may request modifications to provisions of the Code. Such modifications may be sought to enable implementation of a design and/or land use concept beneficial to the community that would not otherwise be permitted by the existing ordinance. The applicant has requested two modifications to certain provisions of the Frederick County Code. With the original rezoning, the applicant requested three modifications, the two currently being requested as well as a modification to separate the rezoning from the MDP. The Board of Supervisors approved the three Rezoning 910-08 — Governors Hill Master Development Plan 408-08 December 19, 2008 Page 10 modiflications with the original rezoning. With the revised rezoning application, the applicant. has proffered an MDP but is required to seek approval Of the other two modifications. Those modifications are outlined as follows: Modification 91 - � 165-71 Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. The applicant is requesting that this standard be modified to allow housing types identified by the zoning ordinance and the proffer statement (Design and Development Standards). The residentially designated areas of the project would be able to develop without limitation to the percentage or ratio of any given housing type. The development of single family attached (Townhouses) and multi -family dwellings would be the predominant housing type in Carpers Valley. Modification #2 - § 165-72.D. Commercial and Industrial Areas The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure. The applicant is requesting that these standards be modified to allow a maximum of 60% of the total gross area to be used for business and commercial purposes. This area has been identified as Land Bay 2 on the GDP. 2. Construction of a Unified Development • The Property shall be developed as one single and unified development. 3. Access to Armory Parcel • The applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Drive, from Arbor Court to the entrance of the Armory Site to coincide with the completion of the Armory. At such time that Tazwell Road is constructed adjacent to Pendleton Drive as depicted on the MDP, the Applicant shall extend Pendleton Drive to connect with Tazwell. Staff Note: The original proffers stated that the Armory site would be provided access to Route 30 via Coverstone Drive. The proffers have been modified to eliminate the main access route to the armory and provide an access point through an industrial park Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 11 instead. 4. Phasing- of Residential Development G Provides for limitation on the issuance of residential building permits. Year 1 - 140 permits Year 2 - 140 permits Year 3 - 140 permits Year 4 - 130 permits • Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and shall be dedicated upon completion of the improvements to the homeowners association. The improvements shall be completed prior to the issuance of the 281s' residential building permit. Staff Note: This rezoning application does not tie the residential permits to the commercial development; therefore there is the potential for the residential portion of the development to be built without the commercial, thereby creating impact to thie County. Consideration should be given tying the residential permits to the commercial development or providing a monetary offset. 5. Architecture. Signa, -e and Landscaping • All buildings on the property shall be constructed using compatible architectural styles. The applicant shall establish an Architectural Review Board through the HOA to enforce and administer the Design and Development Standards. • All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 6. Pedestrian Trail Svstem and Recreation Areas • The applicant shall design and build a public pedestrian -bicycle trail system to VDOT standards that links the residential and commercial areas within the development. Said trails shall be in the locations generally depicted on the MDP. Monetary Proffers (7-11) 7. Fire and Rescue • $422 per dwelling unit • Following the final rezoning, the Master HOA shall contribute annually $100 per constructed residential unit, and $100 per 1;000 square feet of constructed commercial use to the fire and rescue company providing the first response to Rezoning #10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 12 the Property. Said monetary contribution shall cease at such time that the fire and rescue company is no longer a volunteer operation or should the County adopt a fee for service plan. Staff Note: The original proffer contained a clause that stated. Commencing January 1, 2010 the contribution shall increase at the rate of five dollars per residential unit or per 1,000 square feet of commercial development each calendar year. It is unclear why this increase has been removed from the revised proffer statement. 8. Schools • $1,714 per dwelling unit 9. Parks and Open Space • $343 per dwelling unit 10. Libraries • $79 per dwelling unit 11. Administration Building • $79 per dwelling unit Staff Note: The monetary proffers provided in this revised rezoning application are consistent with the proffers approved with Rezoning #11-05. It should be noted that since the residential portion of this development is not tied to the commercial development, there is the potential for the 550 residential units to be constructed without any commercial development. Therefore the entire impact for each residential unit should generally be addressed and mitigated. If the non-residential phase of the project does not materialize and the project is built solely as a 550 residential unit development, the per unit capital facilities fiscal impact is projected to be $16,965 for townhouses and $8,975 per multi family unit. 12. Creation of Homeowners and Property Owners Association (12.1-12.7) • Provides for the creation and responsibilities of the Master Property Owners Association and the residential and commercial associations. 13. Water and Sewer • Provides for the connection of the development to public water/sewer. 14. Environment (14.1-14,3) • Stormwater management and BMP's shall be provided. • The applicant shall provide notice in all sales literature, covenants, conditions and restrictions for any HOA or POA of the adjacency of the Winchester Regional Airport. • The applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further Rezoning #10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 13 protection for Airport operations, and shall dedicate such easement, as the Airport and the applicant shall mutually agree. The applicant shall provide noise attenuation treatment for all residential units. Staff Note: Proffer 14.3 does not provide an assurance that an avigation easement will be agreed to between the Airport Authority and the applicant and does not satisfy the Airport Authority's comment. If the Airport and the applicant do not agree to a "reasonable" avigation easement it is unclear how this proffer will be implemented. 15. Transportation (15.1-15.13) 15.1 Major roadways to be constructed as shown on the MPD. 15.2 Excluding 200,OOOsf of office uses which may be developed at any time utilizing access to the existing completed portion of Coverstone Drive, the applicant shall design and construct Coverstone Drive as a full section with raised medians on a minimum 90 foot ROW, utilizing the following phasing schedule: • Phase 1 — Full four lane section with trail from Millwood Pike to the first intersection on Coverstone Drive (Points A -B on the MDP). Phase I shall also consist of all necessary improvements, including signalization when warranted by VDOT to create a four way intersection at Route 50 and Inverlee Way. ® Phase 2 — Construction of a two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP — to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed 400,OOOsf of commercial building area. • Phase 3 — Construction of the remaining two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP — to be completed prior to the issuance of a certificate of occupancy for any use that would cause the property to exceed 800,OOOsf of commercial building area. • Phase 4 — Design Coverstone Drive Extended as a four lane section from Prince Frederick To Relocated Route 522 as depicted from Point D to Point E on the MDP for a maximum distance of 800 feet when the alignment of Relocated 522 has been determined by VDOT and the ROW for this segment of Coverstone has been acquired by VDOT or Frederick County. o In the event that this ROW is not secured by June 30, 2018 the applicant shall not be responsible for the design of Coverstone Extended. o $1,000 per residential unit shall be paid towards the future construction of Coverstone Extended — after June 30, 2018, funds to be utilized toward projects in the vicinity of the property if ROW not secured for the extension. Staff Note: The phase 4 proffer previously did not require purchase of right -of way -by the County and VDOT, did not have a time deadline, and did not limit the length of the design area to 800 feet which would not cover the length of the current adopted alignment from Prince Frederick to Route 522. Staff feels it is inappropriate to detract from the value of the previously approved proffer in this manner. Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 14 15.3 The applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2015. Staff Note: The original proffers stated that Coverstone Drive would be completed from Millwood Pike to Prince Frederick Drive by June 1, 2012. The revised proffers have pushed this deadline back to 2015. 15.4 Tazwell Road shall be designed and constructed as a minimum two lane roadway as shown on the MDP to provide access to residential uses in Land Bay 1 and commercial uses in Land Bav 2. 15.5 The applicant shall pay to the County the amount of $75,000 "r signalization of the intersection of Millwood Pike and Victory Road. Staff Note: While the language of this proffer has not been modified from the currently approved rezoning, staff feels it would be appropriate to modify the language from `signalization' to `intersection improvements' and to add language that gives the Board some idea of when this proffer would be realized since it does not appear to be addressed in the proffer phasing in proffer 15.11. 15.6 The applicant shall pay to the County the amount of $175,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Staff Note: While this proffer has been increased from $150,000 to $175,000, it will not fully fund the signalization of Costello Drive and Prince Frederick Drive as noted in VDOT and County staff comments to the applicant. 15.7 Access to Millwood Pike shall be limited to Coverstone Drive as shown on the MDP with the exception of the private driveway currently serving parcel 64 -A -83B, which shall be closed once the internal residential street network has been constructed and provides access to the parcel. Additionally, the existing crossover previously used for the golf course shall be closed. 15.8 All public ROW's shall be dedicated to Frederick County. 15.9 All public streets/roads shall be designed in accordance with VDOT standards. 15.10 All private streets/roads shall be constructed to VDOT standards and owned by the HOA. 15.11 The design of off-site road improvements shall be in general conformance with the plan entitled "Governors Hill Road Improvements" dated October 30, 2008. Excluding 200,OOOsf of office uses which may be developed at any time utilizing access to the existing completed Coverstone Drive, off-site improvements shall be constructed in three phases: • Phase A: Improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive construction per proffer 15.2. 0 Phase B: Improvements at the intersection of Millwood Pike/Prince Rezoning #10-0 8 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 15 Frederick Drive and Prince Frederick Drive/Costello Drive. Phase B improvements shall be completed coincident with Phase 2 Coverstone Drive construction per proffer 15.2. • Phase C. Improvements at the intersection of Millwood Pike/Sulphur Springs Road. Phase C improvements shall be completed coincident with Phase 3 Coverstone Drive construction per proffer 1.5.2. Staff Note: Language should be included in the Phase C proffer that should VDOT commence construction of intersection improvements at the intersection of Millwood Pike/Sulphur Springs Road, that the development would participate to the extent of their proffered improvements. 15.12 The applicant shall make good faith efforts to obtain any off-site right of way needed to complete any proffered off-site transportation improvements. In the event that the applicant is not able to obtain the right of way and, further, the County and/or VDOT is not able to obtain the necessary right of way, in lieu of constructing the road improvement, the applicant shall provide a monetary contribution to Frederick County equivalent to the estimated construction cost of the improvement. Staff Note: It would be appropriate for VDOT to approve or provide the cost estimates noted in 15.12. 15.13 Any future transportation analysis which may be required for the Property shall utilize Code 820 "Retail" per the ITE Trip Generation Manuel for any commercial use other than office use. Staff Note: If the transportation analysis is required by VDOT standards, the County would not have the authority to dictate which code from the ITE Trip Generation Repo would be used. 16. Cultural Resources Investigation and Preservation • The applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. 17. Escalator Clause • In the event any monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of October 12, 2005, said contributions shall be in the amounts as stated in the proffer statement. Any monetary contributions paid after 30 months following October 12, 2005 shall be adjusted in accordance with the Urban Consumer Price Index, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after October 12, Rezoning #10-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 16 2005 to the most recently available CPI -U to the date contributions are paid, subject to a cap of 5% per year, non -compounded. Staff Note: As thirty months have already passed since this rezoning was approved (October 12, 2005), and this new proffer statement if approved would take the place of the October 12, 2005 proffer, it would be appropriate to update the fiscal impact contributions reflective of the Development Impact Model, and continue to apply the escalator clause in the future. STAFF CONCLUSIONS FOR 12/03/08 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District, with proffers, and 238.3 acres from the R4 District to the R4 District, to revise the proffers associated with Rezoning #11-05 to facilitate development of a mixed use development consisting of 550 dwelling units and approximately 161 acres of commercial uses. The Eastern Road Plan of the Comprehensive Policy Plan specifically addresses the planned road network for this site and calls for connections with Inverlee Way and Sulphur Springs Road. The previous rezoning recognized both of these connections. However, this revised application renders the connection to Sulphur Springs impossible in the future. This package could, with minor modification, address the issue of future Sulphur Spring connectivity. The applicant has noted that the Sulphur Springs intersection would result in a less safe transportation network; however, the accident data does not support this. In addition, the actual construction of 4 lane collector roadways within the development has been reduced by over 1/4 mile. There is a scaling back of the timing of the proffered construction and little regard for entrance spacing along the portion of Coverstone Drive. If the entrances are developed as proposed, it would significantly impact the functionality of this planned major collector roadway in spite of what the TIA states for the existing intersections that were studied and which have their own issues as detailed in the VDOT comment. The package also scales back the design obligations for this development compared to what they have currently committed to the relocation of Route 522 between Prince Frederick Drive and existing Route 522. Following the required public hearing, recommendations by the Planning Commission to the Board of Supervisors are necessary on the following: The two requested R4 District modifications, and the rezoning application which includes the proffered MDP. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. COUNTY of FREDEI�UCK Roderick 3. Williams County Att_-rey 540/72.2-8383 Fax 540/667-0370 April 22, 2008 E-mail: rwillia@co.treden*ck.va.us VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester. VA 22601 Re: Governors Hill — Proposed Rezoning Proffer Statement Dear Mr. Sowers: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: 1. As the Proffer Statement concerns a further rezoning of parcels that were subject to a rezoning in 2005, the Proffer Statement would be an original proffer statement and not a revision. Accordingly, the date listed for the original date of proffers should be a 2008 date and no revision date should be noted until a revision is made to the current document. f 2. For clarity, the last sentence on page 1 should refer to the MDP as being "prepared by Mark W. Thomas, Certified Landscape Architect, of Patton Harris Rust & Associates, (the "MDP'') dated March 21, 2008." Mr. Thomas' certification is presently the only indicia on the MDP of the March 21, 2008 date. 3. As I was not provided a copy of a document entitled as "Design and Development Standards," my comments do not address the specifics of the Proffer Statement to the extent that it references the "Design and Development Standards" for Governors Hill. . 4. Regarding Paragraphs 1.1 and 1.2, the 2005 proffer statement stated that the design and development would either be in "conformance" or "substantial conformance." The proposed Proffer Statement prnpncec "rPlatixra rnnfnrmnnre" and with respect to Paragraph 1.2, offers no criteria for deviating. The "relative conformance" standard (or lack of a standard) is indefinite. 107 North Kent Street o Winchester, Virginia 22601 Mr. Patrick Sowers April 22, 2008 Page 2 5. In Paragraph 1.3, as the proffers limit business uses to B2 uses, the reference to § 165-82 should only mention subsection B. Also, the cross reference to the RP sections (Article VI, § 165-58 through § 165-66) should be included here. %, 6. In Paragraph 3.1, as County tax records do not indicate that the transfer of Tax Map Parcel 64-A-82 has been completed yet, provisions from Paragraph 3.3 of the 2005 proffer statement would need to be included here in order to effectuate the Armory dedication. 7. In Paragraph 4. 1, the reference to "the residential portion" should be consistent to "Land Bay 1" or "the residential land bay." Also, the Proffer Statement does not address carryovers, as the 2005 proffer statement did. 8. Section 12 refers to an organizational structure in which there will be one or more homeowners associations (for the residential component) and one or more property owners associations (for the commercial component), with each then governed by a master association. This appears to be at odds with the County Code's single association requirement for a community zoned as an R4 Residential Planned Community District: "All phases of a planned community development shall be included under a single property owners' association according to the requirements of this chapter." County Code § 165-72(N). 9. Paragraph 7.2 provides that such a master HOA to be established would make an annual contribution for each residential unit, and for each 1,000 square feet of commercial, for fire and rescue (in light of the structuring of the associations noted in the previous comment, the status of this "master HOA" with respect to both the residential and the commercial portions of the development is unclear). Since the homeowners association has not been established and is not a party to these proffers, future enforceability could be an issue. In addition, the paragraph provides that the contribution shall terminate if the volunteer fire and rescue company converts to a fully paid service. In that event, the company would presumable no longer exist, but the cost to the County for fire and rescue service would continue and would likely be increased. It would seem that if the volunteer fire and rescue company ceased to exist, the annual contribution should be made to the County. This paragraph also provides that the obligation to make the annual contribution will be the obligation of the master HOA, and the obligation shall be monitored and enforced by the master HOA, which is, in effect, providing for self- monitoring and self -enforcement. 10. In Paragraph 13. 1, the provisions for public water and sewer facilities presume that the Sanitation Authority lines are now at the property boundary, or will be brought to the property boundary by the Sanitation Authority. 11. In Paragraph 15.1.1, the indicated right-of-way for Coverstone Drive is 80 feet, but the MDP indicates that a right-of-way of 90 feet is necessary (not including the 10 foot trail). Mr. Patrick Sowers April 22, 2008 Page 3 12. In Paragraph 15.1.1.1.3, it is unclear as to when the obligation occurs. Is it prior to issuance of a certificate of occupancy for any of the first 400,000 square feet of commercial uses or prior to issuance of a certificate of occupancy for commercial uses beyond the first 400,000 (or 399,999) square feet? 13. Paragraph 15.5 would have added clarity if it indicated that the existing entrance, remaining from the golf club, will be/remain closed. 14. I have not reviewed how the Proffer Statement comports with the County's current proffer guidelines, but I note that the Paragraph 17.1 escalator clause, and the various specific monetary amounts included throughout the Proffer Statement, are the same as those referenced in the 2005 rezoning proffer statement. As such, with the 30 months referenced in the 2005 rezoning proffer statement having now passed, the property would now be subject to the escalator clause, absent any new rezoning (as is proposed), but the 30 months proposed in the current Proffer Statement would not pass until late 2010 at the earliest, and the amounts referenced in the 2005 rezoning proffer statement would therefore not adjust until that time, were the proposed rezoning approved. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely, /�W� - Roderick B. Williams County Attorney cc: John R. Riley, Jr., County Administrator Candice E. Perkins, AICP, Senior Planner, Department of Planning and Development Department of Planning and Development 5401665-5651 RAX: 540/665-6395 April 28, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Proposed Rezoning and Master Development Plan for the Governors Hill Project Dear Patrick: I have had the opportunity to review the draft rezoning application and Master Development Plan for the Governors Hill Property. The rezoning application seeks to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential, Planned Community) District and 238.3 acres from the R4 District to the R4 District with revised proffers. Our understanding of this project was that the applicant wished to relocate the previously proffered location of Coverstone Drive from its planned intersection with Sulfur Springs Road to Inverlee Road. In reviewing this application package, it is noted that extensive proffer revisions have occurred, more than simply the anticipated road relocation, and this application as proposed significantly detracts from the original approved application and proffers. Because of the significant changes to the previously approved proffer, staff has conducted a thorough review of the recently submitted application package. Staff's review comments are listed below for your consideration. Rezoning Comments 1. Route 50 East Corridor Land Use Plan. The site is within the limits of the Route 50 East Corridor Land Use Plan and the Airport Support Area. The plan shows a portion of this property with a business/office designation. The proposed R4 Zoning with commercial uses is generally consistent with this plan as it relates to this area. 2. Rezoning Application — Proposed Uses. The -rezoning application calls for 540,000sf of office, 360,000sf of retail and 550 residential units. While the number of residential units has been proffered, the 900,000sf of commercial space has not been proffered. Also, the TIA was modeled on 540,000sf of retail and 360,000sf of office. Unless a specific use and square footage is proffered, the County will assume the maximum possible development (retail) as per the 107 North bent Street, Suite 202 0 Winchester, Virginia 22601-5000 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property April 28, 2008 County's application package, combined with the maximum possible floor space. At the maximum possible use, there is the potential for 3,385,718.5sf of retail uses_ A proffer to limit the square footage of this development to no more than what the TIA was based on would be appropriate. 3. Impact Analysis. The impact analysis states that the site will be used for a mixture of office and retail uses (540,000sf office/360,000sf retail); however, these uses are not proffered and, therefore, any use allowed in the. B2 District could develop on the site. 4. Impact on Community Facilities. As you are aware, the development impact model for the County has been revised since the figures were calculated for this project. With this new rezoning package, the residential portion of the property should follow the new impacts. Since the residential development is not phased in to recognize commercial development, the entire impact for each residential unit should be addressed and mitigated. If the non-residential phase of the project does not materialize and the project is built solely as a 550 residential unit development, the per unit capital facilities fiscal impact is projected to be $16,396 for townhouses and $8,975 par multi-fanily unit. 5. Parcel 64 -A -83B. Parcel 64 -A -83B (Richard and Donna Dick) should be included in the revised rezoning package, as this property was party to the original R4 application and approved proffers. 6. Revised Proffers. The proffers provided for this application are significantly different than the previously approved proffers. A redlined copy of the proffers should be provided that shows the proffers with deletions and additions for clarification. 7. Proffer I.I. The last portion of this proffer should be removed. All entrance alignment should mirror the MDP and modifications will not be permitted without a revised MDP. Also, the development should be in substantial conformance with the MDP not relative conformance. 8. Proffer 1.2. The original rezoning had a proffered "Design and Development Standards" manual which is no longer reafenrdens� street 1 designs proffer and architectural This manual referenced the housing types standards, and should be updated and included with this submission. Failure to include the manual would exclude certain housing types previously requested as well as other necessary modifications. Also, the development should be in substantial conformance with the MDP, not relative conformance. Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hili Property April 28, 2008 9. Proffer 1.3. The intent of Proffer 1.3 is unclear as it seems to state the same requirements as proffers 1.4 and 1.5. Also, proffer 1.3 conflicts with proffer 1.4 as proffer 1.4 states that only B2 uses are permitted and proffer 1.3 references §165-83, which is the B3 Zoning District. 10. Proffer 1.5. While this proffer is the same as proffer 1.6 from the original rezoning, since the Design and Development Standards Manuel has been removed from the rezoning, there should be no modifications to the housing types. If modifications to the Zoning Ordinance requirements are still being requested, the manual needs to be updated and proffered with this rezoning. The design manual is also referenced in proffer 1.5.1. A list of modifications needs to be provided so that they may be acted on, including the modifications on the MDP is not acceptable. 11. Proffer 3.1. Proffer 3.1 should be revised to clarify that "the applicant shall design and build as well as bond for completion of construction not later than the construction of an Armory structure on Tax Map Parcel 64-A-82, a minimum two lane roadway from Arbor Court to the entrance to the Armory Site". This proffer should also be expanded to ensure the completion of the road to Tazewell Road. Proof of the ability to build a road through parcel 64 -A -80J should be addressed. The original proffers also stated that the Armory site would be provided access to Route 50 via Coverstone Drive; why has the revised proffer eliminated the main access route to the armory that was provided as part of the original proffer? 12. Proffer 4.1. The note in proffer 4.1 that states "the above identified phasing schedule is taken from the Date of Final Rezoning (DFR)" should be removed. 13. Proffer 4.1. As this rezoning application does not tie the residential permits to the commercial development, residential construction will be an impact to the County. Consideration should be given to limiting the number of residential permits within a given 12 month period to possibly 100 units. 14. Proffer 4.3. The monetary value on the recreational unit should be removed from the proffer. The proffer should also be revised to remove the statement about the recreational amenities being "bonded for completion as soon as practicable". The recreational amenities should be bonded when the residential portion of the project is subdivided. 15. Proffer 7.2. Indicate why the fire and rescue proffer has been revised to remove the rate increase provided in the original rezoning. Page 4 Mr, Patrick Sowers RE: Proposed Rezoning of Governors Hill Property April 28, 2008 16. Proffer 12.2. It is unclear why the residential portions of the property would be controlled by more than one homeowners association and the proffer should be- revised. erevised. 17: Proffer 15. It is unclear why proffers 15.1.1.1.1 and 15.1.1.1.2 are not combined to just state that Phase 1 of Coverstone Drive will consist of the construction of a four lane section (with the trail) from point A to point B and must be bonded and constructed prior to the occupancy of the first commercial building. It is also unclear why proffer 15. 1.1 was modified to remove the previously approved street tree plan. 18. Proffer 15.1-1. Coverstone Drive should have raised landscaped medians as previously approved, not just raised medians. 19. Proffer 15.1.2. Proffer 15.1.2 states that Tazewell Road will be constructed to provide access to the residential land bay; however, the construction of just Tazewell Road does nothing to get the residents to Route 50 or Prince Frederick Drive. The proffers do not mention anything about the construction of Coverstone Drive should the residential portion develop first. The way the proffers are currently worded, if the residential portion develops first, they would access the site via Tazewell Road and into the adjacent industrial park which would be completely inappropriate. 20. Proffer 15.2. The original proffers stated that Coverstone Drive would be completed from Millwood Pike to Prince Frederick Drive by June 1, 2012. The revised proffers have pushed this deadline back to 2015. The timeline for the completion of this roadway should .not be pushed back simply because the applicant is revising the proffers. 21. Proffer 15.5. The intent of this proffer is unclear; the uses within this development should not have any direct access to Millwood Pike. The proffer should state that the only access to Millwood Pike will be via Coverstone Drive. 22. Closure of Crossover. The revised proffers eliminate original. proffer 15.8 which stipulated the closure of the golf course crossover and stated that it could only be used for emergency access for GSA. The original proffer went on to state that if the applicant obtained access to the Inverlee intersection, the crossover would be closed. Extensive discussions in 2005 resulted in the need for the closure of this crossover and it is unclear what has changed to enable this crossover to remain open. Page 5 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property April 28, 2008 23. Proffer 171. As thirty months have already passed since this rezoning was approved, it would be appropriate to update the filsoal impact contributions reflective of the Development Impact Model, and continue to apply the escalator clause in the future. Master Development Plan Comments 24. Sheet Index. On the coversheet under the index, sheet 6 does not have the proffers on it. 25. Signature Blocks. A signature block needs to be provided for Richard Dick. 26. Residential Layout. The revised layout for the residential area now creates an area of units that are completely separated from the remaining units. These units must access Coverstone Drive through the commercial area. The residential layout needs to be reevaluated to ensure that it is internally connected. 27. Residential Area. It is unclear how the residential area, which was depicted as being 124 acres on the original MDP, has dropped to 119.5 acres on the new MDP. 28. Open Space. Sheet 2, on the area labeled open space for residential land bays, shows both residential and commercial. A separate table should be created for the commercial or the title should be changed. Please note that the site is required to have 30% of the entire site in open space per the Zoning Ordinance. This --open space must be provided with each phase and cannot be consolidated within one area of the development. Both the commercial and residential areas must have adequate open space. 29. Zoning District Suffer. A zoning district buffer needs to be provided between the newly acquired area intended to be rezoned to R4 for commercial and the existing R4 designated for residential. 30. Road Notes. On sheet 2 under road notes, note 2 needs to be removed. The streets need to be constructed consistent with the MDP. If the road layout needs to be changed, the MDP will need to be modified. 31, Recreational Unit Requirement. Oii sheet 3, the monetary unit price for the recreational units needs to be removed. Page 6 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Bill Property April 28, 2008 32. Legend. On sheet 3-5, the trail needs to be included in the legend. Other 33. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Deputy Director of Transportation, are being provided to you in a separate letter. 34. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your . office. Attorney comments are required for acceptance of the rezoning application. 35. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 36. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 for each acre over 150, and a $50.00 public hearing sign fee. The Master Development Plan fee for this application includes a $3,000.00 base plus $100.00 per acre for the first 150 acres and $50 for each acre over 150. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICD Senior Planner cc: Carpers Valley Development LLC, 480 Jubal Early Drive, Suite 330, Winchester, VA 22601 April 28, 2008 Patton, Harris, Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: County Transportation Comment on the Rezoning Application for Governors Hill Dear Mr. Sowers: COUNTY of FREDERICK Department of Planning and Development 540/665-5651. FAX: 540/665-6395 As the Deputy Director - Transportation for the Frederick County Department of Planning and Development, I have reviewed the Traffic Impact Analysis and Rezoning Application for the Governors Hill Rezoning. It was our understanding that the primary intention of this rezoning was the relocation of the Coverstone Drive connection from Sulphur Springs Road to Inverlee Way; however, this proposal has a number of other modifications and an intensification of use to analyze. I have the following comments and concerns to point out: The TIA does not include a signed copy of the VDOT scoping sheet. This document aids the County in review of the TIA by detailing what is agreed upon at that scoping session. 2. Compared to the TIA used in the previous rezoning, this TIA has shifted the residential unit types considerably. It has a much higher percentage of townbomes than the previous TIA. As you know, townhomes generate more trips than apartments. However, the per unit generation for townhomes and apartments is lower in the new TIA; significantly lower in the case of townhomes. The previous TIA offered two potential scenarios. One scenario analyzed 1.2 million square feet of office space while the other scenario analyzed 620,000 square feet of retail. This new TIA considers 540,000 square feet of retail and 360,000 square feet of office. This results in thousands more trips than previously considered. Additionally, these square footages are not proffered, which would allow the applicant to put significantly greater square footages of retail than depicted in the TIA. Accordingly, even though this TIA proposes thousands more vehicle trips, it is still not a worst case scenario TIA as required under the Comprehensive Plan. 4. While I recognize that a significant effort was made to have this TIA show the long term picture, it simply doesn't get there. This is partially proven by the fact that, though this application relies so heavily on the desire to complete Inverlee Way through this portion of the County, no development traffic was assigned to this roadway. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Patrick Sowers RE: County Transportation Comment on the Rezoning Application for Governors Hill April 28, 2008 Page 2 5. The Eastern Road Plan, unanimously adopted by the Board of Supervisors on 11/08/06, calls for connections with Inverlee Way and Sulphur Springs Road.. The previous rezoning recognized both of these connections. However, this application renders the connection to Sulphur Springs Road impossible in the future. As you know, the Eastern Road Plan is a component of the County's Comprehensive PIan. 6. Without going into detail, I would echo case planner Candice Perkins' comments of April 28, 2008 on the roll back in timing of project implementation, as well as the scaling back of language that details the quality of the road improvements. In summary, the TIA does not adequately model the impacts of altering the County's adopted Easter Road Plan. The TIA combined with proffered land uses does not represent a worst case scenario. The proffer package seems only to scale back and soften the language of existing proffers while requesting nearly 40 acres in additional commercial land bays. The application states that additional impacts are not generated by this proposal. However, I would suggest that this application as presented creates the following impacts; 1. Undermines an approved Eastern Road Plan that previous proffers for this development supported. 2. Even as presented, this TIA generates additional trips without additional transportation proffers. I would note again that this is without a worst case scenario TIA. 3. Extends the implementation of previously proffered improvements and removes guarantees about the type of those improvements. Should you have any questions or wish to discuss this review further, please contact the case planner, Mrs. Candice Perkins, and we can arrange a meeting which I will be happy to attend. Sincerely, John A. Bishop, AICP Deputy Director - Transportation JAB/bad cc: Lloyd Ingram, VDOT Jerry Copp, VDOT C3 Rx COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-639S October 29, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Proposed Rezoning and Master Development Plan for the Governors Hill Project Second Review Dear Patrick: I have had the opportunity to review the revised draft rezoning application and Master Development Plan for the Governors Hill Property. The rezoning application seeks to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential, Planned Community) District and 238.3 acres from the R4 District to the R4 District with revised proffers. Staff's review comments are listed below for your consideration. Rezoning Comments 1. TIA — Proposed Uses. The TIA states that the site will be used for a mixture of office and retail uses (900,000sf retail/385,000sf office); however, these uses are not proffered and, therefore, any use allowed in the B2 District could develop on the site. A proffer to limit the use of the site to 900,000sf of retail and 385,000sf of office would be appropriate. 2. Impact on Community Facilities. As you are aware, the development impact model for the County has been revised since the figures were calculated for this project. With this new rezoning package, the residential portion of the property should follow the new impacts. Since the residential development is not phased in to recognize commercial development, the entire impact for each residential unit should be addressed and mitigated. If the non-residential phase of the project does not materialize and the project is built solely as a 550 residential unit development, the per unit capital facilities fiscal impact is projected to be $16,965 for townhouses and $8,975 per multi -family unit. 3. Proffer 1.1. The last portion of this proffer needs to be removed. All entrance alignments need to mirror the MDP and modifications will not be permitted without a revised MDP. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property October 29, 2008 4. Proffer 1.6. Clarify that the ADT number used in proffer 1.6 is the same used in the TIA. 5. Proffer 3.1. Proffer 3.1 should be revised to clarify that "the applicant shall design and build as well as bond for completion of construction not later than the construction of an Armory structure on Tax Map Parcel 64-A-82, a minimum two lane roadway from Arbor Court to the entrance to the Armory Site". This proffer should also be expanded to ensure the completion of the road to Tazewell Road. The original proffers also stated that the Armory site would be provided access to Route 50 via Coverstone Drive; it is unclear why the proffers have been modified to eliminate the main access route to the armory and provide an access point through an industrial park instead. 6. Proffer 4.1. As this rezoning application does not tie the residential permits to the commercial development, there is the potential for the residential portion of the development to be built without the commercial, thereby creating impact to the County. Consideration should be given tying the residential permits to the commercial development or providing a monetary offset. 7. Proffer 4.3. The monetary value on the recreational unit needs to be removed from the proffer. Recreational values are subject to change and when developed, the most current monetary value needs to be used. The proffer should also be revised to remove the statement about the recreational amenities being "bonded for completion as soon as practicable". The recreational amenities should be bonded when the residential portion of the project is subdivided. 8. Proffer 7.2. Indicate why the fire and rescue proffer has been revised to remove the rate increase provided in the original rezoning. Your response comment stated that it was removed to prevent the increase from placing an unfair burden on the residents and HOA. Please clarify what has changed since Rezoning 411- 05 was approved that this proffer was determined to be a burden. 9. Proffer 12.2. Per your response letter, it is understood that there will be a "Master" HOA and that the residential and commercial will be subsets of this HOA. It is still unclear why the residential development would have the potential to be broken up into multiple HOA's; the residential should be covered under the same HOA that would be a subset of the Master. 10. Proffer 15.2. The proffer should be revised so that the 200,000sf of office uses are not developed until the Phase B improvements (Millwood Pike/Prince Page 3 Mr. Patrick Sewers RE: Proposed Rezoning of Governors Hill Property October 29, 2008 Frederick Drive and Prince Frederick/Costello) indicated in proffer 15.11 Phase B have been completed. 11. Proffer 15.2 — Phase 1. The phase 1 improvements should be completed (not to include just the base asphalt) prior to the occupancy of any commercial or residential structure. It appears that phase 2 and phase 3 should be combined to construct all four lanes of Coverstone Drive from B to C. 12. Proffer 15.3. The original proffers stated that Coverstone Drive would be completed from Millwood Pike to Prince Frederick Drive by June 1, 2012. The revised proffers have pushed this deadline back to 2015. As previously stated, the timeline for the completion of this roadway should not be pushed back simply because the applicant is revising the proffers. 13. Proffer 15.7. This proffer states that the only access to this development shall be via Coverstone Drive except for parcel 64-A-85. The MDP appears to provide this parcel with access to Coverstone Drive once the residential streets are developed. The proffer should be revised to remove the residential_ driveway once the internal streets are constructed. 14. Proffer 15.11. This proffer refers to a document that is not part of this rezoning. These referenced sheets need to be made part of the proffered MDP. 15. Proffer 15.13. Proffer 15.13 conflicts with 1.6. 16. Proffer 17.1. As thirty months have already passed since this rezoning was approved, it would be appropriate to update the fiscal impact contributions reflective of the Development Impact Model, and continue to apply the escalator clause in the future. Master Development Plan Comments 17. Residential Layout. The revised layout for the residential area now creates an area of units that are completely separated from the remaining units. These units as depicted would access Coverstone Drive through the commercial area. The residential layout needs to be re-evaluated to ensure that it is internally connected. 18. Zoning District Buffer. A Category B zoning district buffer needs to be provided between the newly acquired area intended to be rezoned to R4 for commercial and the exlsting R4 UGSigitateU for reSidcHUM. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Prpe: y October 29, 2008 19. Road Notes. On the coversheet under road notes, note 2 needs to be removed. The streets need to be constructed consistent with the MDP. If the road layout needs to be changed, the MDP will need to be modified. 20. Recreational Unit Requirement. As stated previously, remove the monetary unit price for the recreational units. Only the total number of units and the type should be provided on the plan, not the cost. This MDP will not be accepted until this unit price has been removed. Other 21. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation and the local Fire and Rescue Company. 22. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 23. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 for each acre over 150, and a $50.00 public hearing sign fee. The Master Development Plan fee for this application includes a $3,000.00 base plus $100.00 per acre for the first 150 acres and $50 for each acre over 150. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner cc: Carpers Valley Development LLC, 480 Jubal Early Drive, Suite 330, Winchester, VA 22601 October 29, 2008 Patton, Harris, Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: County 'Transportation Comment on the Rezoning Application for Governors Hill Dear Mr. Sowers: FREDERICK Department of Planning and Development 540/665-5651 FAX: 546i665-6395 As the Deputy Director - Transportation for the Frederick County Department of Planning and Development, I have reviewed the Rezoning Application for the Governors Hill Rezoning. I have the following comments and concerns to point out: 1. This modification continues to promote a change that does not recognize the Eastern Road Plan portion of the Comprehensive Plan, while the currently approved rezoning does recognize the Eastern Road Plan. The existing proffers on the property allow for the Coverstone Drive connection to Route 50 at Sulphur Springs and also allow for right-of- way for Inverle Way, whereas this new application changes that scenario in spite of the addition of acreage that would have allowed your client to be a part of establishing the planned road network. a. In recognition of this disparity, staff would recommend that at a minimum, your client consider planning the property in such a way that the County and VDOT could potentially realize the adopted road plan in the future. 2. The proposed road system proffers construction of a four lane section that is over 1/4 mile shorter than what is currently proffered. This is in addition to the fact that the proposed road system eliminates the need to blast through a significant topographical challenge to gain access to the Route 50 and Sulphur Springs road intersection. On top of that, the commitment to the signal at Route 50 is less at Inverle Way than it was at Sulphur Springs due to the participation of other proffers at that location. However, it is not apparent to staff that these savings are being used to help mitigate the additional impact that will be placed on Route 50 by this change. The additional changes that are being done to Route 50 appear to be fairly minor by comparison. 3. Regarding proffer 1.6, there does not seem to be a number in the TIA that corresponds to the trip generation number listed therein. Please clarity. 4. Regarding proffer 6. 1, bicycle and pedestrian trails, particularly along roadways, should be built to VDOT standards unless and until such time as Frederick County adopts a higher standard. 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Patrick Sowers RE: County Transportation Comment on the Rezoning Application for Governors Hill October 29, 2008 Page 2 5. It was my understanding early in the process that the primary purpose of this rezoning application was the issue I discussed in Comment 1; however, proffer 15.3 is proposing to extend the implementation period of the roadway by 3.5 years. 6. Regarding proffer 15.2, the time deadline heurrentp�offerssed �and it does not appear to me r the proffered design of Coverstone extended was not presentP that it would be in the County's best interest to endorse one now. Please modify. 7. Regarding proffer 15.5, since three years have passed since the rezoning was originally approved, it may be appropriate to adjust this figure for inflation. 8. Regarding proffer 15.6, the $150,000 that was proffered in 2005 toward the signalization of the intersection of Prince Frederick and Costello likely was enough at that time to install a signal. Now, that is less likely to be the case. In order to assure the full value of that proffered improvement, it may be more appropriate to proffer the signalization or cash equivalent. 9. Regarding proffer 15.12, the proffer basically states that if the applicant cannot obtain right-of-way for proffered improvements, the improvements will not be done. I would recommend that you consider additional language that protects the County in terms of the value of that proffer should that eventuality arise. 10. Regarding proffer 15.13, I'm not sure what this proffer is trying to accomplish. It can have no impact on VDOT requirements, but seems to be targeting County policy that is not yet adopted. Even if said County policy were already adopted, this development would not be in danger of triggering that policy by virtue of the existing TIA. Further, this proffer is in direct conflict with proffer 1.6. Should you have any questions or wish to discuss this review further, please contact the case planner, Mrs. Candice Perkins, and we can arrange a meeting which I will be happy to attend. Sincerely, _ JohnA. Bishop, AICP Deputy Director - Transportation JAB/bad cc: Matt Smith, VDOT Jerry Copp, VDOT Governors Hill ReZoning Et Master Development Plan REZ#10-08 Et MDP #08-08 PIN: 64 -A -83,64 -A -83A,64 -A -84,64-A-65 64 -A -86,64-A-87 Case Planner: Candice Future Rt37 Bypass Zoning N12 (Industrial, General District) Application Bl (Business,Neighborhoad District) 401 M H I (Mobile Hone Community District) Buildings B2 (Business, General Distrist) 4w MS (Medical Support District) Urban Development Area 4w B3 (Business, Industrial Transition District) 4 R4 (Residential Planned Cmnmunity District) #'*1l—t SWSA 4w EM (Extractive Manufacturing District) R5 (Residential Recreational Community District) HE (Higher Education District) _, 1 RA (Rural Area District) M t (Industrial Li ht Distri N [ g c) RP (Residential Performance District) w 0 1,250 2,500 5,000 Feet r � REZONING: PROPERTY: 1' • �*MM APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: PROFFER STATEMENT RZ. #/ 6 -a 278.0 Acres +/-: R4 and RA to R4 Tax Map & Parcels 64-A-83, 83A, 84, 85, 86, and 87 (the "Property") Carpers Valley Development, LLC and Governors Hill LLC Carpers Valley Development, LLC and Governors Hill LLC Governors Hill March 24, 2008 September 2, 2008; October 31, 2008; December 8, 2008 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant'), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board') grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Master Development Plan" shall refer to the plan entitled "Master Development Plan, Governors Hill" prepared by Patton Harris Rust & Associates, (the "MDP") dated March 2008 revised December 8, 2008. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed-use residential and conunerc.ial/ernployn,Pnt Land Bay-- in general conformance with the MDP, and as is specifically set forth in these proffers subject to minor modifications as necessary upon final engineering including but not limited to intersection alignments. Page 1 of 13 1.2 All development, including street landscaping, shall be accomplished in general conformance with the "Design and Development Standards for Governors Hill, prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 Residential uses shall be prohibited in the area identified as Land Bay 2 on the MDP. Furthermore, Land Bay 2 shall be restricted to those uses permitted in the General Business (B-2) zoning district as specified in the Frederick County Code Article X, §165-82B(1). 1.4 Except as modified herein, areas of residential development on the Property shall be limited to Land Bay 1 and shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, including permissible housing types set forth in the Frederick County Code Article VII, §165-67 through §165-72, as cross-referenced to Article VI, §165-58, through §165-66. Unit types and lot layouts within residential Land Bays may comprise any of the permitted unit types as set forth in the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.5 Residential development on the Property shall not exceed 550 dwelling units, with a mix of housing types permitted in the R4 district. Multi- family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of dwelling units developed in the project. No residential structures shall be closer than 2000 feet from the centerline of the existing Winchester Airport runway. 1.6 Commercial development on the Property shall not exceed a total building floor area of 1,285,000 square feet without completion of additional traffic studies. The total permitted commercial building floor area may increase provided that the Applicant completes a revised traffic impact analysis which identifies the impacts of trips for commercial development in excess of 45,815 Average Daily Trips (ADT) and mitigation for said impacts is provided by the Applicant in a form that is acceptable to the County and VDOT. 2. CONSTRUCTION OF A UNIFIED DEVELOPMENT 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances and regulations for the R4 zoning district, the MDP as approved by the Board, and this Proffer Statement. Page 2 of 13 3. ACCESS TO ARMORY PARCEL 3.1 The Applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Drive, from Arbor Court to the entrance of the Armory Site (TM 64-A-82) to coincide with the completion of the Armory. At such time that Tazewell Road is constructed adjacent to Pendleton Drive as depicted on the MDP, the Applicant shall extend Pendleton Drive to connect with Tazewell Road. 4. PHASING OF RESIDENTIAL DEVELOPMENT 4.1 Building permits for Land Bay 1 of the Property shall be issued on the following phasing schedule: Year 1 (Months 1-12): 140 building permits Year 2 (Months 13-24): 140 building permits Year 3 (Months 25-36): 140 building permits Year 4 (Months 37-48): 130 building permits The above identified phasing schedule is taken from the Date of Final Rezoning (DFR). Any building permits not issued within any given year may be carried over to the following year, however the Applicant shall not make application for more than 200 residential building permits in any given year. 4.2 Commercial and employment uses may be constructed at any time. 4.3 Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and the land therefor shall be dedicated upon completion of the improvements to the homeowners association. The location thereof shall be depicted on final subdivision plans for such residential development. These recreational amenities shall serve to meet the requirement of 1 recreation unit per 30 dwellings. These improvements shall be completed prior to the issuance of the 281 st residential building permit. 5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 5.1 All buildings on the Property shall be constructed using compatible architectural styles. The Applicant shall establish one or more Architectural Review Boards through the required Homeowner and Property Owner Associations to be created to enforce and administer a unified development plan in general conformity with the Design and Development Standards. Page 3 of 13 5.2 All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS, 6.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Virginia Department of Transportation standards that links residential and commercial areas within the development. Said trails shall be in the locations generally depicted on the MDP. To the extent that such trails are not depicted on the MDP at the time of Final Rezoning, such trails shall be connected with or linked to the internal street and sidewalk network. Sidewalks shall be constructed on public streets to VDOT standards, and a minimum of four -foot sidewalks shall be constructed on private streets. All combined pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. 7. FIRE & RESCUE: 7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each dwelling unit. 7.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute annually, on or before July 1St of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land in public use), to the fire and rescue company providing first response service to the Property. Such contribution shall be monitored and enforced by the master HOA, and the Board may require an accounting of such payments at such times and upon such conditions as it may determine necessary. Said monetary contribution shall cease at such time that the fire and rescue company providing first response service is no longer a volunteer operation or should the County adopt a fee for service plan to provide fire and rescue services. 8. SCHOOLS: 8.1 The Applicant shall contribute to the Board the sum of $1,714 per dwelling unit for educational purposes, payable upon the issuance of a building permit for each dwelling unit. 9. PARKS & OPEN SPACE: 9.1 The Applicant shall contribute to the Board the sum of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each dwelling unit. Page 4 of 13 10. LIBRARIES: 10.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit for library purposes, payable upon the issuance of a building permit for each dwelling unit. 11. ADMINISTRATION BUILDING: 11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit upon issuance of a building permit for each dwelling unit to be used for construction of a general governmental administration building. 12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 12.1 The homeowners association to be created in accordance herewith shall be created contemporaneously with the first final site or subdivision plan submitted for the Property. 12.2 The Applicant shall establish a Master Property Owners' Association (hereinafter "Master POA") for Governors Hill, in its entirety, that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, landscape maintenance, and similar matters. Any homeowners' or property owners' associations created for commercial or residential uses individually shall act as a subset of the Master POA. 12.3 The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of the community center, walking trails, swimming pools, all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 12.4 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) private streets serving the residents who are members of such association; (iv) common solid waste disposal and recycling programs, including curbside pick-up of refuse by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. Page 5 of 13 12.5 The HOA shall be so established that it possesses all necessary powers to set and revise fees and dues in sufficient sums to perform the responsibilities assigned to it hereunder and under the Declaration to be recorded creating such Association. In addition, upon any conveyance of a residential unit from. the builder thereof to a home purchaser, there shall be a fee paid to the HOA in an amount equal to three times the then - current monthly residential dues applicable to the unit so conveyed. 12.6 Any commercial portion of the development (with the exception of any property owned or leased by the United States, or Frederick County) shall be made subject to one or more property owners' association(s) (hereinafter "POA'). Such POA(s) shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities (under common (open space) ownership) not dedicated to public use for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. 12.7 In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. 13. WATER & SEWER: 13.1 The Applicant shall be responsible for connecting the Property to public water and sewer. It shall further be responsible for constructing all facilities required for such connection at the Property boundary. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 14. ENVIRONMENT: 14.1 Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3. 14.2 The Applicant shall provide notice in all sales literature, in covenants, conditions and restrictions for any homeowners' or property owners' associations, of the adjacency of the Winchester Regional Airport. Page 6 of 13 14.3 The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further protection for Airport operations, and shall dedicate such easement, as the Airport and the Applicant shall mutually agree. The Applicant shall provide noise attenuation treatment for all residential units. 15. TRANSPORTATION: 15.1 The major roadways to be constructed on the Property shall be constructed in the locations depicted on the MDP, with reasonable adjustments permitted for final engineering. 15.2 Excluding 200,000 square feet of office uses which may be developed at any time utilizing access to the existing completed portion of Coverstone Drive, the Applicant shall design and construct Coverstone Drive as a full section with raised medians on a minimum 90' right-of-way, utilizing the following phasing schedule: PHASE l: Phase 1 shall consist of the full four lane section including a ten -foot trail from Millwood Pike to the first intersection on Coverstone Drive as depicted on the MDP from Point A to Point B. Said roadway shall be constructed to base asphalt prior to issuance of a certificate of occupany for any commercial building for the Property and/or prior to issuance of a building permit for any residential units, excluding model homes, located in Land Bay 1. Phase 1 improvements shall consist of all necessary improvements, including signalization when warranted by VDOT, to create a four way intersection at the existing intersection of Inverlee Way and Millwood Pike as shown on the MDP. PHASE 2: Phase 2 shall consist of construction of a two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP. Said roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use that would cause the Property to exceed 400,000 square feet of commercial building area. PHASE 3: Phase 3 shall consist of construction of the remaining two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP. Said roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use that would cause the Property to exceed 800,000 square feet of commercial building area. Page 7 of 13 PHASE 4: The Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Frederick to Relocated Route 522 as depicted from Point D to Point E or for a maximum distance of 800 feet when the alignment of Relocated 522 has been determined by VDOT, and the right of way for this segment of Coverstone Drive has been acquired by VDOT or Frederick County. In the event that the alignment for relocated Route 522 has not been determined or if the right of way for Coverstone Drive Extended is not secured by June 30, 2018 then the Applicant shall not be responsible for the design of Coverstone Drive Extended. The Applicant shall further pay to the County $1,000 for each permitted residential unit as a contribution towards the future construction of Coverstone Drive Extended, but if the conditions above have not been met by June 30, 2018 then these funds may be used for other projects in the vicinity of the Property that have a rational nexus to the Property. Such funds shall be paid at the time of building permit issuance for each of the permitted residential units. 15.3 Notwithstanding any other provisions of these proffers, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to November.l, 2015. 15.4 The Applicant shall design and construct Tazewell Road as shown on the MDP as a minimum two lane roadway within a variable width right of way with a maximum right of way width of 60' to provide access to residential uses within Land Bay 1 and other commercial areas of Land Bay 2. Said 60' right of way width shall be required for Tazewell Road between Coverstone Drive and the Armory entrance. The right of way and road width shall decrease for the remaining portions of Tazewell Road. Said roadway shall be constructed in phases as needed for future subdivision plans. Furthermore, no certificate of occupancy for any residential dwelling that is served by Tazewell Road, excluding model homes, shall be issued until such time that access to Land Bay 1 from Millwood Pike is provided via Coverstone Drive and Tazewell Road. 15.5 The Applicants shall pay to the County the amount of $75,000 for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be paid within sixty (60) days of the issuance of the first residential building permit in Land Bay 1. In the event that this signal has not been warranted by VDOT by June 30, 2018, said monetary contribution may also be used for other projects within the vicinity of the Property that have a rational nexus to the Property. Page 8 of 13 15.6 The Applicants shall pay to the County the amount of $175,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be paid within sixty (60) days of recieving written request from the County and VDOT after acceptance of Phase 2 Coverstone Drive Improvements per Proffer 15.2 into the State highway system. In the event that this signal has not been warranted by VDOT by June 30, 2018, said monetary contribution may also be used for other projects within the vicinity of the Property that have a rational nexus to the Property. 15.7 Access to Millwood Pike shall be limited to Coverstone Drive as shown on the MDP with the exception of the private driveway currently serving TM 64 -A -83B. The Applicant shall close said driveway once access is provided to TM 6T -A -83B via the internal residential street network as depicted on the MDP. Additionally, the Applicant shall close the existing crossover previously used for access to the golf course concurrent with Phase 1 improvements as provided by Proffer 15.2. 15.8 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 15.9 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT. 15.10 All private streets and roads shall be constructed in accordance with the current Virginia Department of Transportation structural standards, and as may be modified by the County, and shall be owned and maintained by the homeowners or property owners association served by such streets or roads. 15.11 The design of off-site road improvements shall be in general conformance with the plan entitled "Governors Hill Road Improvements" Sheets 1-2, as prepared by Patton Harris Rust and Associates, dated October 30, 2008. Excluding 200,000 square feet of office uses which may be developed at any time utilizing access to the existing completed portion of Coverstone Drive, off-site improvements shall be constructed in three phases as depicted on the aforementioned plans as follows: Phase A: Phase A improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive construction per Proffer 15.2. Page 9 of 13 Phase B: Phase B improvements shall consist of improvements at the intersections of Millwood Pike/Prince Frederick Drive and Prince Frederick Drive/Costello Drive. Phase B improvements shall be completed coincident with Phase 2 Coverstone Drive construction per Proffer 15.2. Phase C: Phase C improvements shall consist of improvements at the intersection of Millwood Pike/Sulphur Spring Road. Phase C improvements shall be completed coincident with Phase 3 Coverstone Drive construction per Proffer 15.2. 15.12 The Applicant shall make good faith efforts to obtain any off-site right of way needed to complete any proffered off-site transportation improvements. In the event that the Applicant is not able to obtain the right of way and, further, the County and/or State of Virginia do not obtain the necessary right of way, in lieu of constructing the road improvement, the Applicant shall provide a monetary contribution to Frederick County that is equivalent to the estimated construction cost of those road improvements that could not be implemented. The monetary contribution shall coincide with the commercial area threshold that triggers the off-site road improvement as identified in Proffer 15.11. 15.13 Any future transportation analyses which may be required for the Property, shall utilize Code 820 "Retail" per the I.T.E. Trip Generation Manual 7`h Edition for any commercial use other than office use. 16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 16.1 The Applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall complete Phase II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. Page 10 of 13 17. ESCALATOR CLAUSE 17.1 In the event any monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of October i2, 2005, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following October 12, 2005 shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after October 12, 2005 to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page I 1 of 13 Governors Hill, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: iviller and Smith Inc., Manager 0 - Charles F. Stuart, Jr. denior Vice President STATE OF VIRGINIA, AT LARGE F�I<- COUNTY, To -wit: Al le i=A The foregoing instrument was acknowledged before me this 0day of�C;- 2008, by My commission expires 2v i Notary Public r Page 12 of 13 Carpets Valley Development, L.L.C. By: MS Carpets Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager i�;L, Charles F. Stuart, Jr. Uniot Vice President STATE OF VIRGINIA, AT LARGE F FBF COUNTY, To -wit: F711 li9 The foregoing instrument was acknowledged before me this day of �%� ��✓' ��, 2008, by C.j,&,(e S F-- S f Zfua i My commission expires Z 0 ( t, - -711 f 6 Z Notary Public�!�,t/(-f i Iva -z ✓l, Page 13 of 13 Governors Hill - Existing and Proposed Proffer Comparison/Justification JPrepared 12/11/08 This document was prepared to compare the existing, approved proffer statement for Governors Hll (formerly Carpers Valley) dated October 12, 2005 and newly proposed proffer amendments. The following is a comparison of the existing proffer and proposed proffers as of December .12, 2008. As revisions are made to the proposed proffer statement, this document will be updated in an effort to facilitate the review process by Frederick County Staff as well as elected and appointed officials. Approved Carpers Valley Proffer 10/12/05 Proposed Governors Hill Proffer 12/8/08 Justification for Modifications 1.1 The project shall be designed to establish 1.1 The project shall be designed to establish The additional language to allow modifications interconnected mixed-use residential and interconnected mixed-use residential and upon final engineering is intended to give commercial/employment Land Bays in commercial/employment Land Bays in general flexibility and to allow County Staff the ability to conformance with the GDP, and as is specifically conformance with the MDP, and as is specifically approve minor modifications through an set forth in these proffers. set forth in these proffers subject to minor administrative process rather than returning to modifications as necessary upon final engineering the BOS for action regarding minor changes in including but not limited to intersection the future as necessitated by market demands or alignments. engineering We issues. 1.2 Alldevelopment, including street landscaping, 1.2 All residential dimensional standards shall be Proffer modified to specify that dimensional shall be accomplished in substantial conformance accomplished in general conformance with the standards will be in general conformance with the with the "Design and Development Standards for "Design and Development Standards for Design Guidelines to accommodate any changes Carpers Valley," prepared by PHR&A attached Governors IM," prepared by PHR&A attached that may occur during final engineering. hereto and incorporated herein by reference (the hereto and incorporated herein by reference (the "Design and Development Standards"). "Design and Development Standards"). 1.3 For reference purposes, the residential area Proffer removed. This proffer was included in the 2005 rezoning to identified as "Townhomes" on the GDP may clarify what housing types identified in the Design contain any housing type identified as "Single and Development standards could be used on the Family Attached" in the "Design and Property and is no longer necessary for revised Development Standards" excluding the "Stacked rezoning applicatioin. Flat Garage Units." The residential area identified s "Condominiums" on the GDP may contain the housing type identified in the "Design and Development Standards" as "Multi -Family." 1.4 Except as modified herein, and except to the Proffer removed. Proffer removed since revised proffers 1.3 and extent any portion of the Property is owned or 1.4 alreadyprovide limitations on uses. leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt bylaw from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, 5165-67 through §165-72, as cross- referenced to Article X, §165-82, Sections A through D inclusive, and §165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.5 Residential uses shall be prohibited in the area 1.3 Residential uses shall be prohibited in the area Proffer now references MDP instead of GDP. identified as Land Bay on the GDP. identified as Land Bay on the MDP. Furthermore, with the exception of any uses Furthermore, with the exception of any uses related to any federal agency or department, Land related to any federal agency or department, Land Bay shall be restricted to those uses permitted in Bay shall be restricted to those uses permitted in the General Business (B-2) zoning district as the General Business (B-2) zoning district as specified in the Frederick County Code Article X, specified in the Frederick County Code Article X, 5165-82B(1). 5165-82B(1). 1.6 Except as modified herein, areas of residential 1.4 Except as modified herein, areas of residential This proffer remains unchanged with the development on the Property shall be developed development on the Property shall be limited to exception that it is now explicit that residential in conformance with the regulations of the Land Bay 1 and shall be developed in development is limited to Land Bay 1. Residential Planned Community ("R4") zoning conformance with the regulations of the district, including permissible housing types set Residential Planned Community ("R4") zoning fords in the Frederick County Code Article VII, district, including permissible housing types set §165-67 through 5165-72, as cross-referenced to forth in the Frederick County Code Article VII, Article VI, 5165-58, through §165-66. Unit types §165-67 through §165-72, as cross-referenced to and lot layouts within residential Land Bays may Article VI, §165-58, through §165-66. Unit types corriprise any of the permitted unit types as set and lot layouts within residential Land Bays may forth in the Design and Development Standards, comprise any of the permitted unit types as set and authorized for the R4 district, and these forth in the Design and Development Standards, Proffers. and authorized for the R4 district, and these Proffers. �Zesidential development on the Property shall not 1.5 Residential Dpment on the Properly shall not Proffer revised to clarify that 2000 foot ck exceed 550 dwelling units, with a mix of housing exceed 550 dwelling units, with a mix of housing from residential structures is to be taken .,,m the types permitted in the R4 district. Multi -family types permitted in the R4 district. Multi -family "existing" Airport runway. units, as defined by the Design and Development units, as defined by the Design and Development Standards, shall not exceed 50% of the total Standards, shall not exceed 50% of the total number of dwelling units developed in the project. number of dwelling units developed in the project. No residential structures shall be closer than 2000 No residential structures shall be closer than 2000 feet from the centerline of the Airport runway. feet from the centerline of the existing Winchester Airport runway. 1.6 Commercial development on the Property shall Proffer added to ensure that commercial not exceed a total building floor area of 1,285,000 development is limited to the amount considered square feet without completion of additional by the Traffic Impact Analysis. traffic studies. The total permitted commercial building floor area may increase provided that the Applicant completes a revised traffic impact analysis which identifies the impacts of trips for commercial development in excess of 45,815 Average Daily Trips (ADT) and mitigation for said impacts is provided by the Applicant in a form that is acceptable to the County and VDOT. 2.1 The Property shall be developed as one single and 2.1 The Property shall be developed as one single and Proffer references MDP instead of GDP. unified development in accordance with applicable unified development in accordance with applicable ordinances and regulations for the R4 zoning ordinances and regulations for the R4 zoning district, the GDP as approved by the Board, and district, the MDP as approved by the Board, and this Proffer Statement. this Proffer Statement. 3.1 For a period of two years following Final 3.1 The Applicant shall design and construct a two As the Public Safety Center and Armory parcels Rezoning, the Applicant shall reserve Land Bay lane public roadway, identifed on the MDP as have been dedicated, these proffers have been for potential acquisition, lease, or use by the Pendleton Drive, from Arbor Gourt to the removed. Revised proffer 3.1 ensures access to United States General Services Administration, for entrance of the Armory Site (IM 64-A-82) to the Armory site via connection with Arbor Gourt. the location of any federal agency or department. coincide with the completion of the Armory. At such time that Tazewell Road is constructed adjacent to Pendleton Drive as depicted on the MDP, the Applicant shall extend Pendleton Drive to connect with Tazewell Road. 3.2 Unless an agreement is reached with the Proffer removed. The Applicant has already completed a boundary Winchester Regional Airport for an exchange of line adjustment with the Winchester Regional property mutually acceptable to the Airport and Airport for this portion of the Property. The the Applicant, then for a period of eight years revised application takes into account new areas following Final Rezoning, the Applicant shall acquired as part of the BLA. reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport. 3.3 In addition to the foregoing, upon written request Proffer removed. Armory site has been dedicated so it no longer therefor the Applicant shall dedicate subject to the rezoning. Access provided by new approximately ten acres to the Frederick County proffer 3.1 (see above) Board of Supervisors on behalf of the Virginia National Guard for use as a National Guard Armory, in the location generally depicted on the GDP. In addition, the applicant shall build or design and bond for completion of construction not later than the completion of an Armory structure, a minimum two lane section of Coverstone Drive from Millwood Pike (T.JS Route 50) to the entrance to the Armory Site. In the event that the site is not used for the construction of an Armory structure, the aforesaid acreage shall remain the property of Frederick County to be used at the Board's discretion. 3.4 Upon written request therefor from the County, Proffer removed. Public Safety Center site has been dedicated so it the Applicant shall dedicate approximately nine is no longer subject to the rezoning. acres to the Frederick County Board of Supervisors in the location identified on the GDP as "Frederick County Reserve Area" for the location of a Public Safety Building. If the County elects at anytime to locate such Building on other property, then the aforesaid nine acres shall remain the property of Frederick County to be used at the Board's discretion. Access to the site shall be constructed to required paving by the Applicant not later than twelve months following receipt of the aforesaid request. 111e residential portions of the Property shall be 4.1 Building pet or Land Bay 1 of the Property The original proffer would allow for full 'out developed as follows: shall be issuea on the following phasing schedule: by 2011. The revised proffer would allo', _ r full buildout by 2013 assuming a 2009 approval. 4.1.1. The Applicant may obtain building permits Year 1 (Months 1-12): 140 building permits for not; more than 140 residential units in Land Year 2 (Months 13-24): 140 building permits Bay 1 beginning in the twenty-fourth month Year 3 (Months 25-36): 140 building permits following Final Rezoning. Year 4 (Months 37-48): 130 building permits 4.1.2. The Applicant may obtain building permits The above identified phasing schedule is taken for not more than 140 residential units in Land from the Date of Final Rezoning PFR). Any Bay 1 beginning in the thirty-sixth month building permits not issued within any given year following Final Rezoning. may be carried over to the following year, however the Applicant shall not make application 4.1.3. The Applicant may obtain building permits for more than 200 residential building permits in for not more than 140 residential units in Land any given year. Bay 1 beginning in the forty-eighth month following Final Rezoning. 4.1.4. The Applicant may obtain building permits for not more than 130 residential units in Lan Bay 1 beginning in the sixtieth month following Final Rezoning. 4.2 In anticipation of acquisition or use of properties 4.2 Commercial and employment uses may be Intent of proffer to allow commercial uses to designated for commercial/employment use by constructed at anytime. develop at anytime during phasing of the project the United States, commercial and employment remains the same. uses maybe constructed at anytime. 4.3 Improvements including a 3,000 square foot 4.3 Improvements including a 3,000 square foot The $25,000/rec unit value has been removed to community center, 3,500 square feet of community center, 3,500 square feet of ensure that any future improvements are in neighborhood swimming pools, and a dog park neighborhood swimming pools, and a dog park keeping with the required values that may be shall be constructed in conjunction with shall be constructed in conjunction with established in the future. Also, the "bonding of residential development in Land Bay 1 and the residential development in Land Bay 1 and the rec units as soon as possible" language has been land therefor shall be dedicated upon completion land therefor shall be dedicated upon completion removed at the request of Planning Staff as these of the improvements to the homeowners of the improvements to the homeowners improvements will be bonded during the association. The location thereof shall be depicted association. The location thereof shall be depicted subdivision phase of the project under standard on final subdivision plans for such residential on final subdivision plans for such residential procedures. development. These recreational amenities shall development. These recreational amenities shall serve to meet the requirement of 1 recreation unit serve to meet the requirement of 1 recreation unit per 30 dwellings and shall be, at minimum, per 30 dwellings. These improvements shall be equivalent to $25,000 per recreation unit. These completed prior to the issuance of the 281st improvements shall be designed and bonded for residential building permit. completion as soon as practicable following approval of this rezoning, and shall be completed prior to the -.Issuance of the 281st residential building permit. 5.1 All buildings on the Property shall be constructed 5.1 All buildings on the Property shall be constructed Proffer remains unchanged. using compatible architectural styles. The using compatible architectural styles. The Applicant shall establish one or more Applicant shall establish one or more Architectural Review Boards through the required Architectural Review Boards through the required Homeowner and Property Owner Associations to Homeowner and Property Owner Associations to be created to enforce and administer a unified be created to enforce and administer a unified development plan in general conformity with the development plan in general conformity with the Design and Development Standards. Design and Development Standards. 5.2 All signage within the Property shall be in 5.2 All signage within the Property shall be in Proffer remains unchanged. substantial conformity with a comprehensive sign substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning plan that meets the requirements of the Zoning Ordinance for signage, which shall be submitted in Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision conjunction with the first final site or subdivision plan for the Property. plan for the Property. 6.1 The Applicant shall design and build a public 6.1 The Applicant shall design and build a public Proffer references MDP instead of GDP. Also, pedestrian -bicycle trail system to Department of pedestrian -bicycle trail system to Virginia per Planning Staff's request, the pedestrian- edestrianParks Parksand Recreation standards that links Department of Transportation standards that links bicylce trail will be built to VDOT standards residential and commercial areas within the residential and commercial areas within the rather than Parks and Rec standards. development. Said trails shall be in the locations development. Said trails shall be in the locations generally depicted on the GDP. To the extent generally depicted on the MDP. To the extent that such trails are not depicted on the GDP at the that such trails are not depicted on the MDP at time of Final Rezoning, such trails shall be the time of Final Rezoning, such trails shall be connected with or linked to the internal street and connected with or linked to the internal street and sidewalk network Sidewalks shall be constructed sidewalk network Sidewalks shall be constructed on public streets to VDOT standards, and a on public streets to VDOT standards, and a minirmun of four -foot sidewalks shall be minimum of four -foot sidewalks shall be constructed on private streets. All combined constructed on private streets. All combined pedestrian/bicycling trails shall be 10 feet wide, pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. and shall have an asphalt surface. 7.1 The Applicant shall contribute to the Board the. 7.1 The Applicant shall contribute to the Board the Per unit contribution remains unchanged. sum of $422 per dwelling unit for fire and rescue sum of $422 per dwelling unit for fire and rescue Proffer revised to clarify that monetary proffer is purposes, payable upon the issuance of the first purposes, payable upon the issuance of a building made as each building permit is issued. residential building permit for each dwelling unit. permit for each dwelling unit. ollowing Final Rezoning, the master HOA to be 7.2 Following F ezoning, the master HOA to be The revised proffer maintains the intent created in accordance herewith shall contribute created in aec ,.lance herewith shall contribute provide a funding mechanism for the firs annually, on or before July ls` of each year, the annually, on or before July I" of each year, the rescue company providing first response service sum of $100 per constructed residential unit, and sum of $100 per constructed residential unit, and to the Property. Assuming the site develops with $100 per 1000 square feet of constructed $100 per 1000 square feet of constructed 550 residential units and 1,285,000 square feet of commercial (not including any land in public use), commercial (not including any land in public use), commercial area, Governors Hill would provide- rovideto tothe fire and rescue company providing first due to the fire and rescue company providing first $183,500 per year to the first response fire and service to the Property. Commencing January 1, response service to the Property. Such rescue company. The proffer has been revised to 2010, the contribution provided for herein shall contribution shall be monitored and enforced by remove this funding mechanism if the first increase at the rate of five dollars per residential the master HOA, and the Board may require an response service is no longer a volunteer service unit or per 1,000 square feet of commercial accounting of such payments at such times and or the County adopts a fee for service plan. development each calendar year. Such upon such conditions as it may determine Additionally, the five dollar/year increase has contribution shall be monitored and enforced by necessary. Said monetary contribution shall cease been removed to prevent the yearly raise in fire the master HOA, and the Board may require an at such time that the fire and rescue company and rescue contribution from placing an unfair accounting of such payments at such times and providing first response service is no longer a burden on the residences and HOA upon such conditions as it may determine volunteer operation or should the County adopt a necessary. fee for service plan to provide fire and rescue services. 8.1 The Applicant shall contribute to the Board the 8.1 The Applicant shall contribute to the Board the Proffer remains unchanged. sum of $1,714 per dwelling unit for educational sum of $1,714 per dwelling unit for educational purposes, payable upon the issuance of a building purposes, payable upon the issuance of a building permit for each dwelling unit. permit for each dwelling unit. 9.1 The Applicant shall contribute to the Board the 9.1 The Applicant shall contribute to the Board the Proffer remians unchanged. sum of $343 per dwelling unit for recreational sum of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building purposes, payable upon the issuance of a building permit for each dwelling unit. permit for each dwelling unit. 10.1 The Applicant shall contribute to the Board the 10.1 The Applicant shall contribute to the Board the Proffer remians unchanged. sum of $79 per dwelling unit for library purposes, sum of $79 per dwelling unit for library purposes, payable upon the issuance of a building permit for payable upon the issuance of a building permit for each dwelling unit. each dwelling unit. 11.1 The Applicant shall contribute to the Board the 11.1 The Applicant shall contribute to the Board the Proffer remains unchanged. sum of $79 per dwelling unit to be used for sum of $79 per dwelling unit to be used for construction of a general governmental construction of a general governmental administration building upon issuance of a administration building upon issuance of a building permit for each dwelling unit. building permit for each dwelling unit. 12.1 The homeowners association to be created in 12.1 The homeowners association to be created in Proffer remains unchanged. accordance herewith shall be created accordance herewith shall be created contemporaneously with the first final site or contemporaneously with the first final site or subdivision plan submitted for the Property. subdivision plan submitted for the Property. 12.2 The Applicant shall establish a Master Property Owners' Association (hereinafter "Master POA") for Governors Hill, in its entirety, that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, landscape maintenance, and similar matters. An homeowners' or property owners' associations created for commercial or residential uses individually shall act as a subset of the Master POA. Proffer added to clarify that the entire Governors Hill developed will be governed by a single Master Property Owners' Association. 12.2 The residential portion of the development shall 12.3 The residential portion of the development shall Last section of proffer establishing a Master be made subject to one or more homeowners' be made subject to one or more homeowners' HOA has been removed. Any HOA established association(s) (hereinafter "HOA") that shall be association(s) (hereinafter "HOA") that shall be for the Property shall be a subset of the Master responsible for the ownership, maintenance and responsible for the ownership, maintenance and POA per Proffer 12.2. repair of the community center, walking trails, repair of the community center, walking trails, swimming pools, all common areas, including any swimming pools, all common areas, including any conservation areas that maybe established in conservation areas that maybe established in accordance herewith not dedicated to the County accordance herewith not dedicated to the County or others, -and storm -water management facilities or others, and stormwater management facilities not dedicated to public use, for each area subject not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are other responsibilities, duties, and powers as are customary for such associations or as maybe customary for such associations or as maybe required for such HOA herein. If there is more required for such HOA herein. than one such association, the Applicant shall create a master HOA with respect to the residential development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. If only one such HOA is created, it shall be the master HOA for purposes of these proffers. in addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) private streets serving the residents who are members of such association; (iv) common solid waste disposal and recycling programs, including curbside pickup of refuse by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 12.4 The HOA shall be so established that it possesses all necessary powers to set and revise fees and dues in sufficient sums to perform the responsibilities assigned to it hereunder and under the Declaration to be recorded creating such Association. In addition, upon any conveyance of a residential unit from the builder thereof to a home purchaser, or thereafter between home purchasers, there shall be a fee paid to the HOA in an amount equal to two times the then -current monthly residential dues applicable to the unit so conveyed. 12.4 In addition zh other duties and responsibilities as maybe assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (u) common buffer areas located outside of residential lots; (iii) private streets serving the residents who are members of such association; (iv) common solid waste disposal and recycling programs, including curbside pick-up of refuse by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 12.5 The HOA shall be so established that it possesses all necessary powers to set and revise fees and dues in sufficient sums to perform the responsibilities assigned to it hereunder and under the Declaration to be recorded creating such Association. In addition, upon any conveyance of a residential unit from the builder thereof to a home purchaser, there shall be a fee paid to the HOA in an amount equal to three times the then - current monthly residential dues applicable to the unit so conveyed. remains unchanged. Proffer revisedto clarify that seed money for HOA is provided by a one time fee equivalent to 3 times the monthly dues paid at the time of the initial home sale. 12.5 Any commercial elements of the development (with the exception of any property owned or leased by the United States, the Board of Supervisors, or the Winchester Regional Airport) shall be made subject to one or more property owners' association(s) (hereinafter "POA"). Such POA(s) shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that maybe established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 12.6 In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to publ use, (ii) common buffer areas located outside of commercial lots; (iii) private streets serving the businesses and/or residents who are members of such association; (iv) common solid waste dispos. and recycling programs to include dumpster and contract carrier services provided by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buff areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. 12.6 Any commercial portion of the development (witl the exception of any property owned or leased by the United States, or Frederick Count shall be made subject to one or more property owners' association(s) (hereinafter "POA"). Such POA(s) shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities (under common (open space) ownership) not dedicated to public use for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as maybe required for such POA herein. Last section of proffer establishing a Master POA for the commercial area alone has been removed. Any POA established for the commercial area of the Property shall be a subset of the Master POA per Proffer 12.2. 12.7 In addition to such other duties and responsibilities as maybe assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. remains i be Applicant shall be responsible for connecting 13.1 The Applic all be responsible for connecting Proffer remains unchanged. the Property to public water and sewer. It shall the Property to public water and sewer. It shall further be responsible for constructing all facilities further be responsible for constructing all facilities required for such connection at the Property required for such connection at the Property boundary. All water and sewer infrastructure shall boundary. All water and sewer infrastructure shall be constructed in accordance with the be constructed in accordance with the requirements of the Frederick County Sanitation requirements of the Frederick County Sanitation Authority. Authority. 14.1 Stormwater management and Best Management 14.1 Stormwater management and Best Management Second half of proffer specifying what the proffer Practices (BMP) for the Property shall be Practices (BMP) for the Property shall be accomplishes has been removed though proffer provided in accordance with the Virginia provided in accordance with the Virginia conunitment to BMP's remains unchanged. Stormwater Management Regulations, First Ed. Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 for the purpose of 1999, Chapter 2, Table 2-3. providing the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 14.2 The Applicant shall provide notice in all sales 14.2 The Applicant shall provide notice in all sales Proffer remains unchanged. literature, in covenants, conditions and restrictions literature, in covenants, conditions and restrictions for any homeowners' or property owners' for any homeowners' or property owners' associations, of the adjacency of the Winchester associations, of the adjacency of the Winchester Regional Airport. Regional Airport. 14.3 The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further protection for Airport operations, and shall dedicate such easement, as the Airport and the Applicant shall mutually agree. The Applicant shall provide noise attenuation treatment for all residential units. 15.1 The major roadways to be constructed on the Property shall be constructed in the locations depicted on the GDP, with reasonable adjustments permitted for final engineering. 15.1.1 The Applicant shall design and construct Coverstone Drive as a full section with raised medians on an 80' right-of-way, consistently with the TIA provided for hereinbelow. The Applicar shall submit a street tree plan for approval by the Director of Planning as part of the design of Coverstone Drive in lieu of the road efficiency buffer otherwise required by ordinance. 15.1.1.1 Coverstone Drive shall be constructed Applicant in phases as set forth herein: 15.1.1.1.1 Phase 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GD] ?. Such road shall be constructed in sub - phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Goverstone into the State System of Secondary Roads until it is completed to required asphalt and open to the public as a full four -lane section to the Phase 1 line. Notwithstanding the foregoing, building permits maybe issued for model homes and the community center prior to base paving. 14.3 The Applicant shall consult with the Executive Proffer remains unchanged. Director of the Airport with respect to the granting of a reasonable avigation easement to provide further protection for Airport operations, and shall dedicate such easement, as the Airport and the Applicant shall mutually agree. The Applicant shall provide noise attenuation treatment for all residential units. 15.1 The major roadways to be constructed on the Proffer references MDP instead of GDP. Property shall be constructed in the locations depicted on the MDP, with reasonable adiustments permitted for final enzineerina. removed. Street plan has been removed since a major collector roadway will no longer be crossing the residential land bay thus no road efficiency buff would be required. 15.2 Excluding 200,000 square feet of office uses which maybe developed at any time utilizing access to the existing completed portion of Coverstone Drive, the Applicant shall design and construct Coverstone Drive as a full section with raised medians on a minimum 90' night -of -way, utilizing the following phasing schedule: �E 1 Phase 1 shall consist of the full four lane section including a ten -foot trail from Mllwood Pike to the first intersection on Coverstone Drive as depicted on the MDP from Point A to Point B. Said roadway shall be constructed to base asphalt prior to issuance of a certificate of occupanyfor any commercial building for the Property and/or prior to issuance of a building permit for any residential units, excluding model homes, located in Land Bay 1. Phase 1 improvements shall consist of all necessary improvements, including signalization when warranted by VDOT, to create a four way intersection at the existing intersection of Inverlee. Way and Millwood Pike as shown on the MDP. Kevised protter specitres ngnt ox way minimum and design in accordance with approved proffer 15.1.1. Revised proffer also would permit up to 200,000 square feet of office uses to be constructed using the existing completed section of Coverstone Drive. The revised proffers reflect the move of Coverstone from the Sulphur Springs Rd to the [nverlee Way intersection to provide commercial (and ultimately residential) access. 15.1.1 'hase 2 shall consist of construction of a two lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. This two lane segment shall be completed or bonded for completion prior to the occupancy of the first commercial building in Land Bay 2. The Phase 2 segment shall be completed or bonded for completion to a full four lane section when construction of relocated Route 522 commences or when construction thereof is necessary to service commercial development in Land Bav2. Phase 2 sha ;ist of construction of a two Ian section of Covcrstone Drive from Point B to Point C as depicted on the MDP. Said roadway improvements shall be completed prior to issuance of a certificate of occupancy for any use that would cause the Property to exceed 400,000 square feet of commercial building area. Phase 3 shall consist of construction of the remaining two lane section of Coverstone Drive from Point B to Point C as depicted on the MDP Said roadwayimprovements shall be completed prior to issuance of a certificate of occupancy for any use that would cause the Property to exceed 800,000 square feet of commercial building area. The revised proffer ensures that Covers Drive is connected from Route 50 to PrL_ Frederick Drive prior to development of more than 400,000 square feet of commercial building area. Phase 3 ensures construction of the complete four lane section of Coverstone between Route 50 and Prince Frederick Drive. 15.1_1.1.3 Notwithstanding any other provision of these PHASE 4 The Applicant shall design Coverstone Drive Phase 4 under the new proffer provides for the proffers, for Phase 3, the Applicant shall design Extended as a four -lane section from Prince design of the extension of Coverstone Drive from Coverstone Drive Extended as a four -lane section Frederick to Relocated Route 522 as depicted Prince Frederick Drive to future Route 522 once from Prince Frederick to Relocated Route 522 from Point D to Point E or for a maximum the alignment of future Route 522 is determined. when the alignment of Relocated 522 has been distance of 800 feet when the alignment of Under the new proposed proffer, if this alignment determined by VDOT. In the event that the Relocated 522 has been determined by VDOT, has not been determined by 2018, then the Applicant obtains right-of-way therefor from the and the right of way for this segment of applicant would no longer be responsible for the Winchester Regional Airport prior to the initiation Coverstone Drive has been acquired by VDOT or design of the roadway. Proffer also limits design of design of such extension, then it shall realign' Frederick County. In the event that the alignment to a distance of 800 feet should which is in excess Coverstone Drive Extended as maybe approved for relocated Route 522 has not been determined of what is shown on the MDP. This allows for by the County and VDOT. The Applicants shall or if the right of way for Coverstone Drive the design to accomodate any shifts in future road further pay to the County $1,000 per dwelling unit Extended is not secured by June 30, 2018 then the alignment or configuration. The commitment to for the permitted residential units for future Applicant shall not be responsible for the design provide $1,000 per dwelling unit for the construction of Coverstone Drive Extended, or of Coverstone Drive Extended. The Applicant construction of Coverstone Drive Extended or other projects in the vicinity of the Property that shall further pay to the County $1,000 for each other transportation improvements remains are not included in this rezoning.. Such funds permitted residential unit as a contribution consistent with the approved proffers. shall be paid at the time of building permit towards the future construction of Coverstone issuance for each of the permitted residential Drive Extended, but if the conditions above have units. not been met by June 30, 2018 then these funds maybe used for other projects in the vicinity of the Property that have a rational nexus to the Property. Such funds shall be paid at the time of building permit issuance for each of the permitted residential units. 1_ fhe Applicants shall provide a fifty -foot right-of- way for a future interparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, as shown on the GDP. Said right-of-wayshall be dedicated upon written request therefor. 15.2 Notwithstanding any other provision of these proffers„ if the General Services Administration locates a federal facility on the Property, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive ,prior to occupancy of that 15.3 Notwithstanding any other provisions of these proffers, the Applicant shall construct Coversone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to June 1, 2012. re Ir removed. 15.3 Notwithstanding any other provisions of these proffers, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2015. 15.4 The Applicant shall design and construct Tazewell Road as shown on the MDP as a minimum two lane roadway within a variable width right of way with a maximum right of way width of 60' to provide access to residential uses within Land Bay 1 and other commercial areas of Land Bay 2. Said 60' right of way width shall be required for Tazewell Road between Coverstone Drive and the Armory entrance. The right of way and road width shall decrease for the remaining portions of Tazewell Road. Said roadway shall be constructed in phases as needed for future subdivision plans. Furthermore, no certificate of occupancy for any residential dwelling that is served by Tazewell Road, excluding model homes, shall be issued until such time that access to Land Bay 1 from Mrllwood Pike is provided via Coverstone Drive and Tazewell Road. The approved proffer provided for a rid way to the Glaize Property line to the east of __- site. New Proffer 3.1 improves upon this proffer by providing a built connection from Governors I -M through the Glaize Property to connect with Arbor Court. This proffer was removed to reflect that GSA is no longer the intended owner/developer for the commercial area of the Property. notn provers guarantee the construction of Coverstone Drive as a four lane divided roadway from Prince Frederick Drive to Route 50. The revised proffer extends the trigger for this completion approximately 3 years to 2015 in recognition of current market trends and also due to the fact that until construction of commercial development on the Property occurs (which hits seperate road construction triggers) or until Route 522 is relocated, there is little need for the construction of this improvement. This proffer was added to the new application as a new roadway to service the residential land bay will be needed with the shift. in location of Goverstone Drive. 15.4 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike to Coverstone Drive, upon the development of adjoining property presently owned by others. The Applicant shall provide a stub -out for a connection to the internal street network, and will grant such right-of-way as maybe necessary on the Property to permit such interconnection, subject to VDOT approval, at a point compatible with such extension of Inverlee Way. 15.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing southernmost right-of-way of US Route 50 at this intersection including the signal upgrade shall be completed prior to issuance of the first certificate of occupancy for the project pursuant to the approved traffic impact analysis and future construction drawings required for land use permit issuance by VDOT. 15.6 The Applicants shall pay to the County the amount of $75,000 for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be paid within six (6) months of the issuance of the first residential building permit in Land Bay 1. Proffer removed. 15.5 The Applicants shall pay to the County the amount of $75,000 for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be paid within sixty (60) days of the issuance of the first residential building permit in Land Bay 1. In the event that this signal has not been warranted by VDOT by June 30, 2018, said monetary contribution may also be used for other projects within the vicinity of the Property that have a rational nexus to the Property. Since the new proposal constructs the connection between Coverstorie Drive and Inverlee Way at Route 50, this proffer has been removed. The new application does not make a connection at Route 50 and Sulphur Springs Rd, thus this proffer has been removed. Proffer now allows monetary proffer to be us for other transportation improvements if not for signal at Victory Road and Route 50. fhe Applicants shall pay to the County the amount of $150,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be paid within six (6) months of the issuance of the first commercial building permit in Land Bay 2. 15.8 The Applicants shall close the existing crossover ai the Carper's Valley Golf Club entrance onto Millwood Pike, when the existing golf club use ceases operation, but shall retain that entrance as a gated :right -in right out connection for emergency site access to be used only by the United States General Services Administration, for any federal agency or department. Notwithstanding the foregoing, in the event that the Applicant obtains or otherwise controls right-of-way across Millwood Pike from the current Inverlee intersection, the Applicant shall provide right -in right -out access to the Property to align with Inverlee at that location, and shall close the existing golf club entrance. 15.9 The Applicants shall use its best efforts to obtain any necessary off-site right-of-way required for the completion of any traffic improvements otherwise provided for herein at a commercially reasonable cost, but shall not be required to construct any improvements, including traffic signalization, if such right-of-way cannot be obtained by it. 15.6 The Applic: fall pay to the County the amount of $1/ D,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be paid within sixty (60) days of recieving written request from the County and VDOT after acceptance of Phase 2 Coverstone Drive Improvements per Proffer 15.2 into the State highway system.In the event that this signal has not been warranted by VDOT by June 30, 2018, said monetary contribution may also be used for other projects within the vicinity of the Property that have a rational nexus to the Property. 15.7 Access to Millwood Pike shall be limited to Coverstone Drive as shown on the MDP with the exception of the private driveway currently serving TM 64-A 83B. The Applicant shall close said driveway once access is provided to TM 64-A 83B via the internal residential street network as depicted on the MDP. Additionally, the Applicant shall close the existing crossover previously used for access to the golf course concurrent with Phase 1 improvements as provided by Proffer 15.2. Proffer now allows monetary proffer to led for other transportation improvements a ...,t usec for signal at Costello and Prince Frederick Drive. The Proffer value has also been increased by $25,000. Kevised Protter hrruts access to Route 50 to only Coverstone Drive. The drivewaytl:iat provides access to property owned by Richard and Donna Dick will also remain open. Revised Proffer 15.12 15.10 All public right-of-ways shall be dedicated to 15.8 All public right-of-ways shall be dedicated to Proffer remains Frederick County as part of the subdivision Frederick County as part of the subdivision approval process, consistently with applicable approval process, consistently with applicable Virginia law. Vireinia law. 15.11 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT, and shall be constructed bythe Applicant in accordance with the recommendations of the approved TIA for the Property. 15.9 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT, and shall be constructed by the Applicant in accordance with the recommendations of the approved TIA for the Property. Proffer remains unchanged. 15.12 All private streets and roads shall be constructed 15.10 All private streets and roads shall be constructed Revised Proffer provides flexibilityin regard to, in accordance with the Virginia Department of in accordance with the current Virginia road widths to meet needs of the proposed Transportation standards therefor and as may be Department of Transportation structural community while still satisfying; ordinance modified by the County, and shall be owned and standards, and as maybe modified by the County, requirements. maintained by the homeowners or property and shall be owned and maintained by the owners association served by such streets or roads. homeowners or property owners association served by such streets or roads. 15.11 The design of off-site road improvements shall be Proffer added to clarify proposed off-site in general conformance with the plan entitled transportation improvements. "Governors HE Road Improvements" Sheets 1-2, as prepared by Patton Harris Rust and Associates, dated October 30, 2008. Excluding 200,000 square feet of office uses which maybe developed at anytime utilizing access to the existing completed portion of Coverstone Drive, off-site improvements shall be constructed in three phases as depicted on the aforementioned plans as follows: PHASE A Phase A improvements shall consist of improvements at the intersection of Millwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive constriction per Proffer 15.2. PHASE B Phase B improvements shall consist of improvements at the intersections of Millwood Pike/Prince Frederick Drive and Prince Frederick Drive/Costello Drive. Phase B improvements shall be completed coincident with Phase 2 Coverstone Drive construction per Proffer 15.2. PHASE C Phase C improvements shall consist of improvements at the intersection of Millwood Pike/Sulphur Spring Road. Phase C improvements shall be completed coincident with Phase 3 Coverstone Drive construction per Proffer 15.2. 15.12 The Apph( '-iall make good faith efforts to Proffer addresses the potential for the for obtain any c,._ site right of way needed to off-site right-of-way and ensures that th.. aunty complete any proffered off-site transportation recieves an equivalent monetary contribution for improvements. In the event that the Applicant is anyoff-site road improvement that cannot be not able to obtain the right of way and, further, constructed due to a lack of right of way. the County and/or State of Virginia do not obtain the necessary right of way, in lieu of constructing the road improvement, the Applicant shall provide a monetary contribution to Frederick County that is equivalent to the estimated construction cost of those road improvements that could not be implemented. The monetary contribution shall coincide with the commercial area threshold that triggers the off-site road improvement as identified in Proffer 15.11. 15.13 Any future transportation analyses which maybe This proffer ensures that any future TIA's are in required for the Property, shall utilize Code 820 keeping with the methodology established for the "Retail" per the I.T.E. In Generation Manual 7`i' TIA included as part of the rezoning application. Edition for any commercial use other than office use. 15.13 In the event that the General Services Proffer removed. The new application includes a revised TIA Administration does not locate a federal facility in depicting the proposed build-out of the Land Bay 2, and other commercial users are commercial area. As such, this proffer is no proposed for that Land Baythat would result in longer necessary. cumulative project-generated trips in excess of 13,000 vehicles per day, the Applicant shall submit a revised Traffic Impact Analysis in order to determine what improvements, if any, shall then be required to accommodate the additional traffic and shall construct those improvements. 15.14 If the Airport Reserve Parcel shown on the GDP Proffer removed. As this area was provided to the Airport by is developed a revised Traffic Impact Analysis boundary line adjustment, this proffer is no shall be prepared and improvements proposed, if longer needed. necessary to accommodate the additional traffic. 16.1 The Applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall cause Phase II and III investigations thereof as maybe demonstrated to be necessary by the Phase I study. 16.1 The Applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, ,and shall complete Phase II and III investigations thereof as maybe demonstrated to be necessary by the Phase I study. Revised proffer includes a minor wording change to clarify that the applicant will "complete" Phase II and III studies rather than "cause" the additional studies if needed. Commitment remains unchanged from previous proffer. 17.1 In the event any monetary contributions set forth 17.1 In the event any monetary contributions set forth The Applicant has specified that the escalator in the Proffer Statement are paid to the Frederick in the Proffer Statement are paid to the Frederick clause will utilize the original October 12, 2005 County Board County Supervisors (Board") CountyBoard County Supervisors ("Board") approval date to determine the adjusted proffer within 30 months of the approval of this rezoning, within 30 months of October 12, 2005, said amounts. This will ensure that the monetary as applied for by the Applicant, said contributions contributions shall be in the amounts as stated proffers are equivalent to what would otherwise shall be in the amounts as stated herein. Any herein. Any monetary contributions set forth in have been required under the 2005 proffer monetary contributions set forth in the Proffer the Proffer Statement which are paid to the Board statement. Statement which are paid to the Board after 30 after 30 months following October 12, 2005 shall months following the approval of this rezoning be adjusted in accordance with the Urban shall 'be adjusted in accordance with the Urban Consumer Price Index ("CPI -U') published by Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that- hatthe theUnited States Department of Labor, such that at the time contributions are paid, they shall be at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U adjusted by the percentage change in the CPI -U from that date 30 months after October 12, 2005 from that date 30 months after the approval of to the most recently available CPI -U to the date this rezoning to the most recently available CPI -U the contributions are paid, subject to a cap of 5% to the date the contributions are paid, subject to a per year, non -compounded. cap of 5% per year, non -compounded. Action: AMENDMENT P1.:iNNING C()11 N41SSEON: . ub' 20. 2005 - Recommended : approval BOARD OF SUPERVISORS: October 12,2005 I.1 APPROVF:I) ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT IMAP REZONING #11-05 OF LARPERS VALLEY WHEREAS, Rezoning 1411-05 of Carpers Valley, was submitted to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for residential and commercial uses. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 E), across from Sulphur Springs Road (Route 655) and The Ravcns Subdivision, in the Shawiiee Maoist erial District, and are identified by Property Identification Lumbers (PINS) 64 -A -82.64-A-8'. 64- A -f; )A, 64-A-86. 64-A-87 and 64 -A -87A WHEREAS, the Planninuo Commission held a public hearing on this rezoning on July 20 2005: and WHEREAS, the Board Of SupCrvisors held a public hearing on this rezonino on October 12. 2005; 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 Cornpi-chcnsive Policy 111311: NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of .Super% isors that Chapter 165 of the Frederick COunty Codc. Zoning. is amended to revise the Zoning District Map to change 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for residential and commercial uses, as described by the application and plat submitted, subject to the attached conditions VOluntarily proffered in writing by the applicant and the property m ner. 1'I )I{C: ,, 6-0; I11is ordinance shall be in ellLct on the date of adoption. Passed this 12th day of October_ 200-5 by the following recorded vote_ Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forre:;ter Nay Gary Dove Aye- I.\ ye_I.\ nda J. Tv Ier Nay Bill M- F,iing -Aye Gene f=isher Nay A COPY ATTEST John R-11Px4ey. Jr. Fredcri I VCounty° Administrator III )RL ti =?%-iii PROFFER STATEMENT REZONING: RZ. # 11-05 : RA to R4 PROPERTY: 281.5 Acres Tax Map & Parcels 64-A-82, 83, 83A, 86, 87, and 87A (the "Property") RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick; Constance L. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill., LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 September 7, 2005 September 28, 2005 October 4, 2005 October 12, 2005 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board') grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated October 11, 2005 , sheets 1-4 of 4. .00014467.1)OC: 4 Proffers As Rcvised 000145 000020; 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed-use residential and commercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 1.2 All development, including street landscaping, shall be accomplished in substantial conformance with the "Design and Development Standards for Catpers Valley," prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 For reference purposes, the residential area identified as "Townhomes" on the GDP may cm -fain any housing type identified as "Single Family Attached" in the "Design and Development Standards- excluding the "Stacked Flat Garage Units." The residential area identified as "Condominiums" on the GDP may contain the housing type identified in the "Design and Development Standards" as "Multi -Family." 1.4 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, §165-67 through §165-72, as cross-referenced to Article X, §165-82, Sections A through D inclusive, and §165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.5 Residential uses shall be prohibited in the area identified as Land Bay 2 on the GDP. Furthermore, with the exception of any uses related to any federal agency or department, Land Bay 2 shall be restricted to those uses permitted in the General Business (B-2) zoning district as specified in the Frederick County Code Article X, §165-82B(l ). 1.6 Except as modified herein, areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, including permissible housing types set forth in the Frederick County Code Article VII, §165-67 through §165-72, as cross-referenced to Article VI, §165- 58, through §165-66. Unit types and lot layouts within residential Land Bays may comprise any of the permitted unit types as set forth in the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.6.1 Residential development on the Property shall not exceed 550 dwelling units, with a rnix of housing types permitted 100014467. DOC 14 Proirers As Revised 000145 0OW20) 7 in the R4 district_ Multi -family units, as defined by t':e Design and Development Standards, shall not exceed 50% of the total number of dwelling units developed in the -- project. No residential structures shall be closer than 2000 feet from the centerline of the Airport runway. 2. CONSTRUCTION OF A UNIFIED DEVELOPMENT 2.1 The Property shall be developed as one single and unified development in accordance with applicable ordinances and regulations for the R4 zoning district, the GDP as approved by the Board, and this Proffer Statement. 3. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 3.1 For a period of two years following Final Rezoning, the Applicant shall reserve Land Bay 2 for potential acquisition, lease, or use by the United States General Services Administration, for the location of any federal agency or department. 3.2 Unless an agreement is reached with the Winchester Regional Airport for an exchange of property mutually acceptable to the Airport and the Applicant, then for a period of eight years following Final Rezoning, the Applicant shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport. 3.3 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres to the Frederick County Board of Supervisors on behalf of the Virginia National Guard for use as a National Guard Annory, in the location generally depicted on the GDP. In addition, the applicant shall build or design and bond for completion of construction not later than the completion of an Armory structure, a minimum two lane section of Coverstone Drive from Millwood Pike (US Route 50) to the entrance to the Armory Site. In the event that the site is not used for the construction of an Armory structure, the aforesaid acreage shall remain the property of Frederick County to be used at the Board's discretion. 3.4 Upon written request therefor from the County, the Applicant shall dedicate approximately nine acres to the Frederick County Board of Supervisors in the location identified on the GDP as "Frederick County Reserve Area" for the location of a Public Safety Building. If the County elects at any time to locate such Building on other property, then the aforesaid nine acres shall remain the property of Frederick County to '00014467.1)OC- 4 Troffers As Revised 000145 G00020 3 be used at the Board's discretion. Access to the site shall be constructed to required paving by the Applicant not later than twelve months following receipt of the aforesaid request. 4. PHASING OF THE DEVELOPMENT 4.1 The residential portions of the Property shall be developed as follows: 4.1.1. The Applicant may obtain building permits for not more than 140 residential units in Land Bay 1 bcginning in the twenty- fourth month following Final Rezoning. 4.1.2. The Applicant may obtain building permits for not more than 140 residential units in Land Bay 1 beginning in the thirty-sixth month following Final Rezoning. 4.1.3. The Applicant may obtain building permits for not more than 140 residential units in Land Bay 1 beginning in the forty-eighth month following Final Rezoning. 4.1.4. The Applicant may obtain building permits for not more than 130 residential units in Land Bay 1 beginning in the sixtieth month following Final Rezoning_ 4.2 hn anticipation of acquisition or use of properties designated for commercial/employment use by the United States, commercial and employment uses may be constructed at any time. 4.3 Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and the land therefor shall be dedicated upon completion of the improvements to the homeowners association. The location thereof shall be depicted on final subdivision plans for such residential development. These recreational amenities shall serve to meet the requirement of 1 recreation unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per recreation unit. These improvements shall be designed and bonded for completion as soon as practicable following approval of this rezoning, and shall be completed prior to the issuance of the 281 st residential building permit. 5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 5.1 All buildings on the Property shall be constructed using compatible architectural styles. The Applicant shall establish one or more Architectural Review Boards through the required Homeowner and Property Owner Associations to be created to enforce and administer a 00014467DOC; 4 Proffers As Kcviscd 000145 mfjon0 4 unified development plan in general conformity with the Design and Development Standards. 52 All signage within the Property shall be in substantial conforl-aity with a comprehensive sign plan that meets the requirements of the Zoning Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 6. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 6.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in the locations generally depicted on the GDP. To the extent that such trails are not depicted on the GDP at the time of Final Rezoning, such trails shall be connected with or linked to the internal street and sidewalk network. Sidewalks shall be constructed on public streets to VDOT standards, and a minimum of four -foot sidewalks shall be constructed on private streets_ All combined pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. 7. FIRE & RESCUE: 7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling unit for fire and rescue purposes, payable upon the issuance of the first residential building permit for each dwelling unit. 7.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute annually, on or before July I" of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land in public use), to the fire and rescue company providing first due service to the Property. Commencing January 1, 2010, the contribution provided for herein shall increase at the rate of five dollars per residential unit or per 1,000 square feet of commercial development each calendar year. Such contribution shall be monitored and enforced by the master HOA, and the Board may require an accounting of such payments at such times and upon such conditions as it may determine necessary. S. SCHOOLS: &I The Applicant shall contribute to the Board the sum of $1,714 per dwelling unit for educational purposes, payable upon the issuance of a building permit for each dwelling unit. 9. PARKS & OPEN SPACE: j00014467.D0C- -4 Proffers As Rceiscd 000145 000020; E 9.1 The Applicant shall contribute to the Board the sum of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each dwelling unit. 10. LIBRARIES: 10.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit for library purposes, payable upon the issuance of a building pen -nit for each dwelling unit. 11. ADMINISTRATION BUILDING: 11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit to be used for construction of a general governmental administration building upon issuance of a building permit for each dwelling unit. 12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 12.1 The homeowners association to be created in accordance herewith shall be created contemporaneously with the first final site or subdivision plan submitted for the Property. 12.2 The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of the community center, walking trails, swimming pools, all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create a master HOA with respect to the residential development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. If only one such HOA is created, it shall be the master HOA for purposes of these proffers. 12.3 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) private streets serving the residents ;00014467.(x)(-;'4 Proffers As Rcviscd 000145 000020) 6 who are members of such association; (iv) common solid waste disposal and recycling programs, including curbside pick-up of refuse by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 12.4 The HOA shall be so established that it possesses all necessary powers to set and revise fees and dues in sufficient sums to perform the responsibilities assigned to it hereunder and under the Declaration to be recorded creating such Association. In addition, upon any conveyance of a residential unit from the builder thereof to a home purchaser, or thereafter between home purchasers, there shall be a fee paid to the HOA in an amount equal to two times the then -current monthly residential dues applicable to the unit so conveyed. 12.5 Any commercial elements of the development (with the exception of any property owned or leased by the United States, the Board of Supervisors, or the Winchester Regional Airport) shall be made subject to one or more property owners' associations) (hereinafter "POA"). Such POA(s) shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. I2.6 In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) private streets serving the businesses and/or residents who are members of such association; (iv) common solid waste disposal and recycling programs to include dumpster and contract carrier services provided by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. 13. WATER & SEWER: 00014467_DOC '4 Proffers As Revised 000145 OW020; 7 13.1 The Applicant shall be responsible for connecting the Property to public water and sewer. It shall further be responsible for constructing ali facilities required for such connection at the Property boundary_ All water and sewer infrastructure shall '✓a constructed in accordance with the requirements of the Frederick County Sanitation Authority_ 14. ENVIRONMENT: 14.1 Storrnwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 for the purpose of providing the highest order of stornwater control in existing Virginia law at the time of construction of any such facility. 14.2 The Applicant shall provide notice in all sales literature, in covenants, conditions and restrictions for any homeowners' or property owners' associations, of the adjacency of the Winchester Regional Airport. 14.3 The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement to provide further protection for Airport operations, and shall dedicate such easement; as the Airport and the Applicant shall mutually agree_ The Applicant shall provide noise attenuation treatment for all residential units. 15. TRANSPORTATION: 15.1 The major roadways to be constructed on the Property shall be constructed in the locations depicted on the GDP, with reasonable adjustments permitted for final engineering. 15.1.1. The Applicant shall design and construct Coverstone Drive as a full section with raised medians on an 80' right-of-way, consistently with the TIA provided for hereinbelow. The Applicant shall submit a street tree plan for approval by the Director of Planning as part of the design of Coverstone Drive in lieu of the road efficiency buffer otherwise required by ordinance. 15.1.1.1. Coverstone Drive shall be constructed by the Applicant in phases as set forth herein: 15.1.1.1.1. Phase I shall consist of a four -lane section including a ten -foot trail from Ivliiiwood Pike to the Phase I line in Land Bay I as depicted on the GDP. Such road shall be constructed in ;0(x)14467 DOC 14 PTOlrcrs As Rcz iscd 000145 000020f Ei� sub -phases as delineated on the final master development plan, and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed to required asphalt and open to the public as a full four -lane section to the Phase 1 line. Notwithstanding the foregoing, building permits may be issued for model homes and the community center prior to base paving. 15.1.1.1.2. Phase 2 shall consist of construction of a two lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. This two lane segment shall be completed or bonded for completion prior to the occupancy of the first commercial building in Land Bay 2. The Phase 2 segment shall be completed or bonded for completion to a full four lane section when construction of relocated Route 522 commences or when construction thereof is necessary to service commercial development in Land Bay 2. 15.1.1.1.3. Notwithstanding any other provision of these proffers, for Phase 3, the Applicant shall design Coverstone Drive Extended as a four - lane section from Prince Frederick to Relocated Route 522 when the alignment of Relocated 522 has been determined by VDOT. In the event that the Applicant obtains right- of-way therefor from the Winchester Regional Airport prior to the initiation of design of such extension, then it shall realign` Coverstone Drive Extended as may be approved by the County and VDOT. The Applicants shall further pay to the County $1,000 per dwelling unit for the permitted residential units for future construction of Coverstone Drive Extended, or other projects in the vicinity of the Property that are not included in this rezoning.. Such funds shall be paid at the time '0001A ?off 4 Y:arf_r As Revised 0()0145 0000201 9 of building permit issuance for each of the permitted residential units. 15.1.2. The Applicants -shall provide a fifty -foot right-of-way for a future irterparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, as shown on the GDP. Said right-of-way shall be dedicated upon written request therefor. 15.2 Notwithstanding any other provision of these proffers, if the General Services Administration locates a federal facility on the Property, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to occupancy of that facility. 15.3 Notwithstanding any other provisions of these proffers, the Applicant shall construct Coversone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to June 1, 2012. 15.4 The Applicant shall provide for. future interconnection with Inverlee Way when that road is extended south of Millwood Pike to Coverstone Drive, upon the development of adjoining property presently owned by others. The Applicant shall provide a stub -out for a connection to the internal street network, and will grant such right-of-way as may be necessary on the Property to permit such interconnection, subject to VDOT approval, at a point compatible with such extension of Inverlee Way. 15.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing southernmost right-of-way of US Route 50 at this intersection including the signal upgrade shall be completed prior to issuance of the first certificate of occupancy for the project pursuant to the approved traffic impact analysis and future construction drawings required for land use permit issuance by VDOT. 15.6 The Applicants shall pay to the County the amount of $75,000 for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be paid within six (6) months of the issuance of the first residential building permit in Land Bay 1. I5.7 The Applicants shall pay to the County the amount of $150,000 for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be paid within six (6) months of the issuance of the first commercial building permit in Land Bay 2. 15.8 The Applicants shall close the existing crossover at the Carper's Valley Golf Club entrance onto Millwood Pike, when the existing golf club use ceases operation, but shall retain that entrance as a gated right -in right out connection for emergency site access to be used only by the United States {0001446TDOC i 4 Proffers As Revised 000145 0000201 H General Services Administration, for any federal agency or department. Notwithstanding the foregoing, in the event that the Applicant obtains or otherwise controls right-of-way across Millwood Pike from the current Inverlee intersection, the Applicant shall provide right -in right -out access to the Property to align with Inverlee at that location, and shall close the existing golf club entrance. 15.9 The Applicants shall use its best cfforts to obtain any necessary off-site right-of-way required for the completion of any traffic improvements otherwise provided for herein at a commercially reasonable cost, but shall not be required to construct any improvements, including traffic signalization, if such right-of-way cannot be obtained by it. 15.10 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 15.11 All public streets and roads shall be designed in accordance with the Virginia Department of Transportation specifications, subject to review and approval by Frederick County and VDOT, and shall be constructed by the Applicant in accordance with the recommendations of the approved TIA for the Property. 15.12 All private streets and roads shall be constructed in accordance with the Virginia Department of Transportation standards therefor and as may be modified by the County, and shall_ be owned and maintained by the homeowners or property owners association served by such streets or roads. 15.13 In the event that the General Services Administration does not locate a federal facility in Land Bay 2, and other commercial users are proposed for that Land Bay that would result in cumulative project -generated trips in excess of 13,000 vehicles per day, the Applicant shall submit a revised Traffic Impact Analysis in order to determine what improvements, if any, shall then be required to accommodate the additional traffic and shall construct those improvements. 15.14 if the Airport Reserve Parcel shown on the GDP is developed a revised Traffic Impact Analysis shall be prepared and improvements proposed, if necessary to accommodate the additional traffic. I6. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 16.1 The Applicant shall conduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plan for the Property, and shall cause Phase lI and III investigations thereof as may be demonstrated to be necessary by the Phase I study. ,00014467.1)0(- 14 troffers As Revised 000145 000020) 17. ESCALATOR CLAUSE 17.1 In the event any monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI -U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CFI -U to the date the contributions are paid, subject to a cap of S% per year, non -compounded_ SIGNATURES APPEAR ON THE FOLLOWING PAGES 100014467.DOC /4 Proffers As Rcviscd 000145 000020] 12 IIs I1'i/IPACT ANALYSIS October 2008 Governors Hill INTRODUCTION The 278 acre Governors Hill Property (the "Property") is located south and adjacent to Millwood Pike (Route 50) approximately one mile east of the Interstate 81 interchange with Millwood Pike. The Property is comprised of six tax map parcels identified by Frederick County. records as 64-A-83, 83A, 84, 85, 86, and 87. Currently, 238.3 acres of the subject site is zoned R4 as a result of approved rezoning #11-05 "Carpets Valley" approved by the Frederick County Board of Supervisors on October 12, 2005. The remaining 39.7 acres of the Property is zoned RA (Rural Areas). The portion of the site zoned RA is comprised of 14.3 acres obtained by the Applicant through a boundary line adjustment in September 2007 with the Winchester Regional Airport and the 25.4 acre tract previously identified as the "Hockman" Property. This application seeks to incorporate these RA zoned areas into the R4 zoned Governors Hill project while modifying the existing approved proffers for the R4 zoned portions of the site to provide for a modified transportation system that will utilize the existing Inverlee Way/Millwood Pike intersection as the connection point for Coverstone Drive, a major collector roadway provided by the Applicant through Governors Hill. The 39.7 acres proposed to be rezoned from RA to R4 will be used for commercial, open space, or right of way purposes. The Applicant has not proposed an increase in the number of dwelling units proposed -for -the -residential land_bay of Governors Hill which includes a total of 550 dwelling units within the 116.9 acre residential land bay. The proposed commercial land bay, totaling 161.1 acres, will be used for a mixture of retail and offices uses. Additionally, portions of the Property which were proffered as part of RZ 11-05 for public uses including the Public Safety Center site and National Guard Armory site will not be affected by this application as those parcels are not part of this revised application as they have already been dedicated in accordance with RZ 11-05. The Property is located wholly within the Sewer and Water Service Area (SWSA). Subsequent to approval of RZ 11-05, the Urban Development Area (UDA) boundary was revised to only encompass the residential land bay for Governors Hill. As the revised application does not seek to expand the footprint of the residential land bay, the proposal is still in accordance with the revised UDA boundary. The rezoning application includes a proffered Master Development Plan (MDP) as it is a requirement for the R4 zoning district. The Master Development Plan is included as an addendum to the application package for reference to detailed information relating to the proposed transportation system, environmental features, and proposed dimensional requirements provided for residential structures. COMPREHENSIVE POLICY PLAN The Property is located within the boundaries of the Route 50 East Corridor Land Use Plan which envisions a pattern of business/office and transitional uses for the subject acreage. As all 39.7 acres proposed to be rezoned from RA to R4 as part of this application will be incorporated into the commercial land bay, this application is clearly in keeping with the concepts identified by the Route 50 East Corridor Land Use Plan. The site is also located within the Airport Support Area, intended to ensure the long term viability of operations at the Winchester Regional Airport. The application has maintained the commitment to providing a minimum distance of 2,000 feet between the airport runway and any residential dwelling 1 of 5 October 2008 Governors Hill units constructed at Governors Hill which was included in the approved proffer statement for RZ 11-05. Additionally, it is important to note that the boundary line adjustment completed between Governors Hill and the Winchester Regional Airport in 2007 provided the Airport with the land area north of the runway needed to implement the Ai port's long range plan which includes hangar and ancillary office uses located in this area. ACCESS AND TRANSPORTATION Access to the Property shall be provided via Coverstone Drive, a four lane divided major collector, which will connect through the site from Millwood Pike at the existing Inverlee Way intersection south and through the commercial land bay to connect with Prince Frederick Drive. A portion of Coverstone connecting from Prince Frederick Drive to the eastern boundary of the Frederick County Public Safety Center property has already been constructed to serve the Public Safety Center. The previously approved rezoning provided for Coverstone to connect to Millwood Pike at the existing Millwood Pike/Sulphur Springs Road intersection. This connection location was necessary during the previous rezoning as the Applicant did not own the "Hockman" tract which was needed in order to align Coverstone Drive with Inverlee Way at Millwood Pike. The proposed application now provides a residential access roadway, identified as Tazewell Road on the attached MDP, to connect the residential land bay with re -aligned Coverstone Drive. A complete Traffic Impact Analysis (TIA) has been prepared for the proposed rezoning and is attached for reference purposes. The TIA analyzes three scenarios to determine the potential impacts of the proposed rezoning as follows: • Scenario 1 assumes the newly proposed Coverstone Drive alignment which will connect from Prince Frederick Drive to Millwood Pike at the existing Inverlee Way intersection. No connection would be made at the Sulper Springs Road intersection. • Scenario 2 assumes the approved transportation system provided by RZ 11-05 which provides for Coverstone Drive to connect from Prince Frederick Drive to Millwood Pike at the existing Sulphur Springs Road intersection. • Scenario 3 combines Scenarios 1 and 2 by assuming that connections are made with Millwood Pike at both the Inverlee Way and Sulphur Springs Road locations. The TIA identifies that development of the site would generate a total of 37,095 ADT for new trips. Additionally, the TIA identifies that under all three scenarios, similar improvements would need to be made at the following intersections in order to maintain a LOS C or better: • Route 50/Prince Frederick Drive/Custer Ave (turn lanes) • Prince Frederick Drive/Costello Ave (signalization, turn lanes) • Route 50/Sulphur Springs Road (turn lanes) • Route 50/Victory Lane (signalization) Additionally, Scenarios 1 and 3 require improvements at the Route 50/Inverlee Way intersection including signalization and turn lanes as that is the proposed connection location for Coverstone Drive under those scenarios. This additional improvement does decrease the actual improvements necessary at intersections along Prince Frederick Drive, offsetting the transportation impacts between scenarios. 2of5 October 2008 Governors Hill The Applicant has provided a transportation proffer package to offset the traffic impacts generation by Governors Hill that provides for the following improvements: • Phased construction of Coverstone Drive as an urban, four -lane divided cross section ([J4D) to connect from Prince Frederick Drive to Millwood Pike at Inverlee Way. • Monetary contribution of $150,000.00 for signalization of the Prince Frederick Drive/Costello Ave intersection. • Monetary contribution of $75,000.00 for the signalization of the Route 50/Victory Lane intersection. • Intersection improvements including signalization and turn lanes at the intersection of Coverstone Drive and Route 50 (at Inverlee Way). Improvements at the intersection of Prince Frederick Drive and Route 50. • Improvements at the intersection of Sulphur Spring Road and Route 50. • Monetary contribution of $1,000.00 per dwelling unit ($550,000.00 total) for general transportation improvements. As indicated by the TIA, the relocation of the Coverstone Drive connection with Millwood Pike from the Sulphur Springs Road intersection to the Inverlee Way intersection does not generate additional impacts. As such, the transportation proffer package provided by the Applicant addresses the impacts that would be generated by Governors Hill. The Applicant has provided a proffered road improvements plan indicating the proposed improvements both on and off site as part of the transportation proffer package. ENVIRf.NMENTAL FEATURES The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As per map sheet #36 of the Soil Survey, the site is comprised of nine distinct soil topes. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. These characteristics and any implications for site development are manageable through the site engineering process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0115B, effective date July 17, 1978. The majority of the site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. Flood Zone A, 100 -year flood plain, exists coincident with Sulphur Spring Run, which traverses the frontage of the site, roughly parallel to Route 50. This portion of the site is not planned for development except for road and utility crossings thereby ensuring limited impact to the identified flood plain area. 3 of 5 Governors Hill October 2008 The Property contains some areas of wetlands which are mainly confined to the man-made ponds located on the commercial land bay which were created as part of the Property's former use as a golf course as well as areas within the ravines located within the residential land bay. The Applicant has provided a more detailed breakdown of the areas in wetlands and other environmental features as part of the MDP proffered as part of this application. SEWAGE CONVEYANCE AND WATER SUPPLY The Property is currently served by an 8" sewer line that ties into the 12" sewer main located on the south side of Millwood Pike along the frontage of the site. This infrastructure will be expanded pursuant to Frederick County Sanitation Authority (FCSA) requirements to serve the entire site. The Abrams Creek interceptor will convey effluent from the project for treatment at the Opequon Water Reclamation Facility. A 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. Project build -out will consist of a maximum of 550 dwelling units comprised of 128 multifamily units and 422 single family attached dwelling units. The commercial portion of the Property will consist of approximately 1,285,000 square feet of office and/or general commercial uses. Using a standard water consumption rate for single family attached/multi-family residential uses and general commercial/office uses', the proposed development is projected to consume approximately 339,500 GPD (gallons per day) of water and produce equivalent sewer flows. SOLID WASTE DISPOSAL FACILITIES Solid waste from the project will be deposited in the Frederick County landfill following collection via private carrier(s) contracted by the homeowner's association (HOA) for the residential portion of the project and by the individual commercial/employment users. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey includes one structure located on the site, which is identified as the Heishland House (# 34-1176). However, this structure is neither included on the list of potentially significant resources not is it identified as eligible for eventual inclusion on the state or national register of historic places. Moreover, pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. 1 Water consumption/sewage generation rates: single family attached/multi-family residential uses — 150 GPD/dwelling unit, office/general commercial uses — 200 GPD/1,000 square feet of gross floor area. 4of5 October 2008 Governors Hill IMPACT ON COMMUNITY FACILITIES The Applicant has maintained the monetary comrmtements proffered as part of RZ 11-05 to mitigate the impacts of any residential uses proposed for the de:=elopment. The per unit monetary contribution is proffered to be allocated as follows: Fire and Rescue: $422/dwelling unit Public Schools: $1,714/dwelling unit Parks and Recreation: $343/dwelling unit Libraries: $79/dwelling unit Administration: $79/dwelling unit Total: $2,637/dwelling unit 5 of 5 ,"Eastem Frederick County -Road Plan,----_ 1 2 IN 3, 37 7 50 Eastern Road Plan A ,0 Adopted Nov 11, 2006 0 0250.5 1 1.5 2 2.5 3 Exhibit 1— Current/Adopted Eastern Road Plan 1a EA Fre-dedd - 4001 I S44- NewMajarCollectar r :yr, 15 -, NewMinor Collector /Improved Major Collector Improved Mirror Collec6or 47-/VNew M*rArtery s I wr May 11, 2aa5 r x i o as 1 z t9 M4ea -.. WE �vS Current STERN ROAD FLAN Exhibit 2 -- 2005 Eastern Road Plan A Traffic Impact Analysis of Governors Mill Development Located in: Frederick County, Virgirda Prepared for: Governors Hill Development, LLC 480 Jubal Early Drive, Suite 330 Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates Eng neers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Blvd, Suite 1007 Williamsport, MD21795 T 301,223,4010 PH'RA+ F 301.223.4831 August 14, 2008 EXECUTIVE SY1IV MA1_�V Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Governors Hill development located along the south side of Route 50 (Millwood Pike), between Prince Frederick Drive and Victory Road, in Frederick County, Virginia. The proposed development is comprised of 128 multi -family units, 422 townhouse units, 385,000 square feet of office and 900,000 square feet of shopping center. Build -out is anticipated to occur over two (2) transportation phases by the Year 2025. Phase 1 is to be built -out by Year 2015 and it assumes a partial build- out of the development to include: 128 multi -family units, 422 townhouse units, and 400,000 square feet of shopping center. Access will be provided via Coverstone Drive (fixture roadway) located along the south side of Route 50, opposite Inverlee Way. Phase 2 will be build -out by Year 2025 and it assumes the full build -out of the proposed Governors Hill development. Analysis is provided for the "Proposed Scenario' — Scenario #1 during Phase 2. This scenario assumes the full build -out with access to be provided via Coverstone Drive (future roadway) located along the south side of Route 50, opposite Inverlee Way. Per scoping agreement with the Virginia Department of Transportation (VDOT), PHR+A has provided two (2) additional scenarios during Phase 2 (Year 2025): "VDOT/County Requested" Scenario #2 assumes the full build -out with access to be provided via Tazewell Drive (future roadway) located along the south side of Route 50, opposite Sulphur Springs Road and "VDOT/County Requested" Scenario 93, a combination of the two (2) aforementioned scenarios, assumes the full build -out with access to be provided via both Coverstone Drive and Tazewell Drive located opposite Inverlee Way and Sulphur Springs Road, respectively. PHR+A has provided the analyses for the "Proposed Scenario" (91) as well as for the "VDOT/County Requested" Scenarios (#2 & #3). Based upon S}nchro analysis results, assuming the suggested improvements, all the study area intersections will maintain levels of service "C" or better during Phase 12015 build -out conditions and "D" or better during "Proposed Scenario' — Scenario #1 and "VDOT Requested" Scenarios #2, #3 during Phase 2 2025 build -out conditions. Although PHR+A has provided analyses for two (2) VDOT/County requested transportation scenarios, the "Proposed Scenario", which does NOT include access opposite Sulphur Springs Road, is presented as the preferable site -access condition. The shift of the entrance is to allow for a safer traffic movement at the newly proposed entrance location. This site -driveway depicted for the "Proposed Scenario' opposite Inverlee Way would adequately serve as a surrogate for the connection opposite Sulphur Springs Road in providing a southern connection fi-om Route 50 to Route 522. In fact, the Inverlee Way connection was the initial concept for the project in Year 2005, which at the time was frilly supported by VDOT/County, however, the land necessary to make the connection was not yet available to the Applicant. Consequently, the connection opposite Sulphur Springs was contemplated (and added to the Comprehensive Plan) in -lieu of the Inverlee Way connection. The Applicant has now acquired the land needed to make the Inverlee Way connection and wishes to proceed with the project as it was originally envisioned by the Applicant, VDOT and the County. Pu d Tia is Impact Analysis of Governors Hill Development Project Number: 134 I5-1-3 R+A1 1 August i4, 2008 Page 1 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Governors Hill development located along the south side of Route 50 (Millwood Pike), between Prince Frederick Drive and Victory Road, in Frederick County, Virginia. The proposed development is comprised of 128 multi -family units, 422 townhouse units, 385,000 square feet of office, and 900,000 square feet of fashion center. Build -out is anticipated to occur over two (2) transportation phases by the Year 2025. Phase 1 is to be built -out by Year 2015 and it assumes a partial build- out of the development to include: 128 multi -family units, 422 townhouse units, and 400,000 square feet of fhashion center. Access will be provided via Coverstone Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Inverlee Way. Phase 2 will be build -out by Year 2025 and it assumes the full build -out of the proposed Governors Hill development. Analysis is provided for the "Proposed Scenario" — Scenario #1 during Phase 2. This scenario assumes the full build -out with access to be provided via Coverstone Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Inverlee Way. Per scoping agreement with the Virginia Department of Transportation (VDOT), PHR.+A has provided two (2) additional scenarios during Phase 2 (Year 2025): "VDOT/County Requested" Scenario 92 assumes the full build -out with access to be provided via Tazewell Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Sulphur Springs Road and "VDOT/County Requested" Scenario 93, a combination of the two (2) aforementioned scenarios, assumes the full build -out with access to be provided via both Coverstone Drive and Tazewell Drive located opposite Inverlee Way and Sulphur Springs Road, respectively. Figure 1 is provided to illustrate the location of the proposed Governors Hill Development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Governors Hill Development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Governors Hill Development, • Distribution and assignment of the Governors Hill Development generated trips onto the completed roadway network, • Analysis of capacity and level of service using the Synchro 7 for existing and future A TI a!I is Impact Analysis of Governors Hill Development Project t 415-1-3 , 2008 PHR+A August l4, 2 e 2 Page 2 Assumptions The following assumptions are incorporated in the analysis based upon the scoping session between the Virginia Department of Transportation (VDOT) a.nd PHR+A. • 3% growth rate along Sulphur Springs Road and 2% growth rate along Route 50 and Route 522, respectively, per year through year 2015 (Phase 1). 2% growth rate along Sulphur Springs Road and 1% growth rate along Route 50 and Route 522; respectively, from year 2015 through year 2025 (Phase 2). • Future re -alignment of the intersection of Route 522 and Route 50. A A Ti�a�rc h�Wact Arralysrs of Governors Hill Development Project Number: 13415-1-3 P PF 1 , 2008 H August Page 3 i No Scale -F- Figure l Vicinity Map: Governors Hill Development, in Frederick County, VA A Ti afc Impact Analysis of Governors Hill Development Project Number: 415-1-3 , 2008 PHP Augustt 14, 2 Pagee 4 4 EXISTING CONDITIONS PHR+A conducted weekday AM/PM peak hour and Saturday mid-day peak hour manual turning movement counts at the intersections of Route 50 (Millwood Pike)/Victory Road, Route 50 (Millwood Pike)/Sulphur Springs Road, Route 50 (Millwood Pike)/Prince Frederick Drive/Custer Avenue, Route 522 (Front Royal Pike)/Costello Drive and Prince Frederick Drive/Costello Drive. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24 -holo traffic volumes) of 7.9% and 8.3% for Route 50 (Millwood Pike) and Route 522 (Front Royal Pike), respectively, based upon the published Virginia Department of Transportation (VDOT) 2006 traffic count data. V. '&''Apure 2 shows the existing weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations within the study area. Figure 3 shows the existing lane geometry and weekday AM/FM peak hour and Saturday mid-day peak hour levels of service at the study area intersections. PHR+A has provided Table 1 to show the existing weekday AM/PM and Saturday mid- day peak hour levels of service and 95th percentile back of queue for each lane group. All traffic count data and SYNCHRO level of service worksheets are included in the Appendix section of the report. A Ti is Impact Analysis ofGovernom Hill DeveWn)ent R+A .�'_ Project Number: 13415-1-3 PH August 14, 2008 Page 5 i Saturday 1 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] kRA Figure 2 Existing Traffic Conditions A Tia11<c Impact Analysis o(Governors Hill Development Project Number: 13415-1-3 PH August 14, 2008 R+APage 6 No Scale Signalized Intersection LOS—B(B)(CI 1`G~ —P V� Ilj,(lajda��, b� G� Signatizcd 50 \` III iersec.1011 Unsignalized Intersection f N %I Unsignalized er� Intersection � l9 Denotes stop sign control no Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour) Note: See Table 1 for levels of service by "Lane Group" + / \ Analysis is based upon VDOT Signal Timings Figure 3 Existing Lane Geometry and Levels of Service A Trac Impact Analysis of Governess Hill Development R+A Project Number: 13415-1-3 PH — August 14, 2008 Page 7 Table 1 Governors Hill Development Levels of Service-ond Back of Queue (95%) Results Intersection Route 522 & Drive Traffic Control . Signalized Lane Group/ Approach E13 -T EB/R EB LOS wl lVg� NVI31VBrR WB LOS NII/L NB/T lane 1 Lane2 rmsnug a n,.... ....,..,..-- AM Peak Hour Back of LOS Queue D 25.0 C 25.0 D D 80.0 D 80.0 C 25.0 D A 25.0ED25.0D B 123.0229.0 PM Peak Hour Back of LOS Queue D 25-0 A 25.0 D D �2.O D B C SAT Peak Hour Back of LOS Queoe E 25.0 A 25.0 D E 130.0 B 134.0 B 87.0 C 25.0 C 147.0NBIT ND rrP NB LOS B D SD/L D 80.o D C 205.0 D 811.0 SB/r A 1190 A 194.0 A 101.0 overall SD/rR SB LOS LOS A B H D C C Prince EB/LWA26.0 B 25.0 _ A 25.0 Frederick Drive &Costello EB/R- Unsignalized NB/LT A 25.0 A 25,0 Drive SB/rAEB/L B 74.0 B 78.0 EBfr Lane 1 B 162.0 C 202.0 RouteSO&Prince Frederick Drive/Custer Avenue Signalized Overall EBFF Lane 2EB/R ER LOS WB/LrT7T 13 40.071'32., A 25.0 B A b 25.0 C 58.0 WB/TB 431.0 C WRrfR WB LOS B NB/LT D 55.0 D C 248.0 C C 134.0 D 1115.0 NBIR B 25.0 13 1 43.0 B 38.0 NB LOS C C C SB/LTR D 223.0 D 110.0 D 140.0 SB LOS D D___tD LOS C C C EDIT lane 1- EBIT Lane 2 1VB/T Land 1 WB/T Lane2 Route 50 & InverleeWay Unsignalizcd 1VBIR SBIR EB/L D 38.0 D 124.0 B 133.0 EDIT lane 1 B 155.0 B 104.0 B 77.0 EBr r Lane 2 EB LOS B B B WBIT Lane I WHlT Lene 2 C 166.0 E 496.0 C 207.0 Route 50 & Sulphur Springs Road Signalized 1YB/R A 31.0 B 100.0 A 33.0 WB 703 C D C SB/LR C 206.0 B 78.0 C 239.0 SB LOS C B C Overall LOS C D C EB/L A 25.0 A 25.0 A 25,0 EDIT Lane _ _ _ - - EEIf Lane 2 EB/R _ Route 50 & Victory Road Unsislalized NB/L A 25.0 A 25.0 A 25.0 %VBIT - - 1VBl17t 148fLTR C 29.0 B 92.0 C 25.0 SB/LTR B 25.0 B 25.0 A 25.0 • Asswncd 25 feet Vehicle Lcngth EB = Faslbound, WB =Westbound, NB = Northbound, SB = Southbound L: Len, T:Thru, R: Right A Tra tc Impact Analysis of Governors Full Development Project Number: 13415-1-3 A+August 14, 2008 PH" Page 8 PHASE I (YEAR 2015) TRAFFIC CONDITIONS Phase 1 is to be built -out by Year 2015 and it assumes a partial build -out of the development to include: 128 multi -family units, 422 townh:,use units, and 400,000 square feet of shopping center. Access will be provided via Coverstone Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Inverlee Way. PHASE 1 - 2015 BACKGROUND CONDITIONS To obtain 2015 base conditions, PHR+A applied annual growth rates of three percent (3%) to the existing traffic volumes along Sulphur Springs Road and two percent (2%) to the existing traffic volumes along Route 50 and Route 522, respectively, per year through year 2015. Additionally, all trips relating to specific future "other developments" located within the vicinity of the proposed development were included. Using the 7t1i Edition of ITE's Trip Generation Report, PHR+A has provided Table 2 to summarize the 2015 "other development" trip generation. Table 2 2015 "Other Development" Code Land Use Amount I rip AM Peak Hour In Out Total xia"o PM Peak Hour In Out Total ADT Sat Peak Hour In Out Total ADT Havens Subdivision 78 44 122 1,150 61 52 113 1,200 210 Single -Family Detached 115 units 22 67 90 Total 22 67 90 1 78 44 122 1,150 61 52 113 1 20D • UI uie �u� unus P opuseu avi me na.�.n ,,,.w ......... ..........Y........,._.., _...._ _ _ _ Figures 4 shows the 2015 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid-day peak hour traffic volumes at key locations throughout the study area. figures S shows the respective weekday AM/PM peak hour and Saturday mid-day peak hour levels of service at the study area intersections. Tables 3 is provided to show the 2015 background weekday AM/PM and Saturday mid- day peak hour levels of service and 95th percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. A TrafTc Intact Analysis oTGovernors Hill Development Project Number: 13415-1-3 F.,hR+A August 14, 2008 e9 Page 9 Figure 4 PH12n �Y+ccicci:ty ADT AM Peak Hour(PM Peak Rour)[SAT Peak Hour] Phase 1: 2015 Background Traffic Conditions A Tra tc ltrr act Anal sis o Governors Hill Develo ureal Project Number: 13415-1-3 August 14, 2008 Page 10 G1 ■ qLe j Unsignalized Intersection G� �tr�� No Scala '�frcl�i�D I �►��f9j�q Wti '4JGgl9G` 50 ¢, ��ov♦ G,G Signalized GSL Intersection a��♦a� 5[ LOS=B(B)IR Go s�1 j ♦ I I Signalized Intersection LOS=B(B)IC1 �`G Sfello Unsignalized secti Intersection Dnye at�S u SITE N2-, �.♦G 522 ` SITE .Y Signalized Intersection �ooQA Las=&u)IBI c,`GN l� rko G< f(A1N Sul hurSpnngsRoad to Unsignalized Intersection �aY �iy Denotes stop sign control J.: Denotes traffic signal control 9ti * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 3 for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentified Figure 5 Phase 1: 2015 Background Lane Geometry and Levels of Service A Trak Impact Analysis of Govertiors Hill Development Project Number: 13415-1-3 1JHKA August 14, 2008 Page 1 I A Ti a(Tc Impact Analysis of Governors Hill Development Project Number: 13415-1-3 R+APH August 14, 2008 12 Page 12 Table 3 Governors Hill Development Levels of Service and Back of Queue (95%) Results Phase 1- 2015 Background Traffic Conditions (with Assumed Improvements) Lane AM Peak Hour PM Peak Hour SAT Peak Hour Trafficflack Group/ Back of of LOS Back of Intersection Control LOS LOS Queue Queue Queue Approach EB/LT C 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 25.0 EB LOS C C C WB/L D 81.0 93.0 E 150.0 WB/LT D 81.0 ;7D 92.0 E 153.0 A 25.0 32.0 A 52.0 WB LOS C C L NB/L A 25.0 C 25.0 D 25.0 Route 522 & Signalized NBJT Lane 1 Costello Drive NB/T Lane 2 B 1g4.0 B 210.0 C 171.0 NB/TA C NB LOS B C B 208.0 C 490.0 SBJL D 79.0 SB/f A 147.0 A 185.0 A 103.0 SBrFR C SB LOS A B C Overall LOS B B A 25 0 EB/L A 25.0 B 25.0 Prince _ - Frederick Drive EB/R Unsignalizcd _ 25.0 A 25.0 A 25.0 & Costello NB/LT A Drive SB[1R EB/L - - B 25.0 C 114.0 B 75.0 EBJT Lane 1 C 215.0 B 191.0 B 177.0 EB/T Lane 2 A 25.0 A 25.0 BB/R A 25.0 EB LOS B C B WB/L A 25.0 A 25.0 A 50 &Prince WBJT 85.0 B 102.0 A ff26.0Route Signalized B Frederick WBiTR p Drive/Custer WB LOS A B D 120.0 Avenue NB/LT 59.0 D 182.0 NB/R 2b.0 B 77�] 46.0 B 39.0 NB LOS C C C D 163.0 C 101.0 C 92.0 ES,JLTR B LOS D C C Overall LOS B EB = Eastbound, WB =Westbound, B B * Assumed 25 feet Vehicle Length NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Ti a(Tc Impact Analysis of Governors Hill Development Project Number: 13415-1-3 R+APH August 14, 2008 12 Page 12 Table 3 (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Plbacr 1 -,7011; Rarkarmind Trnffir Cnnditians (with Assumed Improvements) Intersection Traffic Control Lane o AM Peak Hour PM Peak Hour SAT Peak Hour Group/ LOS Approach Back of LOS Queue Back of LOS Queue Back of Queue Route 50 & Inverlee Way/ Coverstone Drive EB/LT Eti/T A 25.0 A 25.0 A 61.0 Signalized EB LOS A A A WB/T Lane 1 A WB/T Lane 2 45.0 A 35.0 A 234.0 WB/R A 25.0 A 25.0 A 32.0 WB LOS A A A SB/LR C 1 71.0 C 1 52.0 C 1 59.0 SB LOS C C C Overall LOS A A A Route 50 & Sulphur Springs Road Signalized EB/L A 25.0 B 105.0 C 251.0 EBIr Lane 1 A 25.0 A 25.0 A EB/T Lane 2 135.0 EB LOS A A It WB/T Lane 1 B WB/T Lane 2 120.0 B312.0 C 205.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS B B B SB/LR C 229.0 C 107.0 C 1 223.0 C C C SBMLane Overall LOB B B Route 50 & Victory Road Signalized A 25.0 A 25.0 A 25.0 EBfA EB/ 57.0 A 40.0 A 28.0 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/L. A 25.0 A 25.0 A 25.0 WB/T A 45.0 A 174.0 A WB/TR 61.0 WB LOS A A A NB/LTR D 76.0 D 120.0 D 1 67.0 NB LOS D D D SB/LTR C 25.0 A 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A Pyl PA+-ff EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Tbru, R: Right A Traf is Impact Analysis of Governors Ilill Development Project Number: 13415-1-3 August 14, 2008 Page 13 PHASE I - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (:ITE) Tri Generation Report, PHR+A has prepared Table 4 to summarize the trip generation for the proposed Phase 1 Governors Hill development. PHASE I - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Phase 1 shown in Figures 5 was based upon local travel patterns for the roadway network surrounding the proposed Governors Hill site. Figures 7 shows the corresponding development -generated weekday AM/PM peak hour trips and ADT as well as Saturday mid-day peak hour trips and ADT. PHASE I - 2015 BUILD --OUT CONDITIONS The Governors Hill assigned trips (Figures 7) were added to the 2015 background traffic volumes (Figures 4) to obtain 2015 build -out conditions. Figures 8 shows the 2015 build -out weekday ADT and AM/PM peak hour traffic volumes as well as Saturday ADT and mid-day peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective weekday AM/PM peak hour and Saturday mid-day peak hour levels of service and lane geometry. PHR+A has provided Tables 5 to show the 2015 build -out levels of service and 95th percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. A TI'a lc Impact Analysis of Governors Hill Develo "1011 Project Number; 13415-1-3 P"A August l4, 20Q8 HPage 14 Table 4 Proposed Aevelopment: Governors Hill Devcloptnent Phase 1- 2415 Trip Generation Summary AM peak Hour YM Pcak Hour ADT SAT Peak Hour out Total ADT Code Land Use Amount In Out Tota] In Out Total In 220 AparUnenl 128 units 13 53 G6 57 31 88 176 920 2,753 36 128 36 115 72 47 ,968 749 2,787 230 TcwnhouselCoudo 422 units 164 213 251 412 720 7 80 12500 17,176 1,034 954 175 19,988 820 Shopping Center 400,000 SP 161 691 953 911 1,863 20,849 1,198 l,lo5 2,307 23,524 Sub -Total 314 378 btrernalTrip Reductlar(mar5%I5%)• 14 14 28 36 36 73 366 1,102 4,156 31 245 31 245 499 644864 1,061 Retail Pass -by Trip Redaction (max 25yo) 50 50 100 183 183 Total 'New Trips" 259 314 564 734 691 1 425 AM,— 1 l5 591 hour, YM 1 922 peak hour 829 and 24-hour 1,754 trips, respectively 17,599 . ' regulations by YDOT, 5%, 10% and 15% Intemal trip reductions are applied to residential Per Chapter 527 TIA PHASE I - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Phase 1 shown in Figures 5 was based upon local travel patterns for the roadway network surrounding the proposed Governors Hill site. Figures 7 shows the corresponding development -generated weekday AM/PM peak hour trips and ADT as well as Saturday mid-day peak hour trips and ADT. PHASE I - 2015 BUILD --OUT CONDITIONS The Governors Hill assigned trips (Figures 7) were added to the 2015 background traffic volumes (Figures 4) to obtain 2015 build -out conditions. Figures 8 shows the 2015 build -out weekday ADT and AM/PM peak hour traffic volumes as well as Saturday ADT and mid-day peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective weekday AM/PM peak hour and Saturday mid-day peak hour levels of service and lane geometry. PHR+A has provided Tables 5 to show the 2015 build -out levels of service and 95th percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. A TI'a lc Impact Analysis of Governors Hill Develo "1011 Project Number; 13415-1-3 P"A August l4, 20Q8 HPage 14 P��Rl� A Trg6Oc Inpact Analysts Of yovernars nut "EKs �4 Project Number: 13415-1-3 August 14, 2008 Page 15 1 ro �q 0! No Scale K i6gs 2 9 �4p ��1►I2 �� g) g981x 522 All x02�S j 1 23�✓9�fro2 4•�� y4�`°� t Sq oy 0 0 1910 SITE�Y�1�ay �Arke o Sul hors n�it� s Road 522 e�ay SITE 50 39 C'osfello�r O! N�� • S�� '�o � oaiy I pr�� G1 f Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] LPT TR+/ /� \ * Denotes Pass -by Trips Figure 7 Phase 1: Development -Generated Trip Assignments A 1'ra tc lnt act Anar sis v vv w, ,.v, � •, • PH R+A Project Number: 134 , 2008 August 14, 2016 Page 16 ��cciccls�,y AI)T Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] :9 Figure 8 Phase 1: 2015 Build -out Traffic Conditions A Ti•afc Impact .41 lysis of Governors Hill Development Ir') Project Number: 13415-1-3 hR+A August 14, 2008 Page 17 G� qg� No Scale SEE "EXHIBIT All FOR ,cJ(c�&� �►�grCJ DETAILED DIAGRAM J$J Slgnal!zed:_ Interseello"n` "Suggested �� So L05=B(B)'(Bj Improvements" Signalization I Left, I Right (� 1 Signalized \ Inferaeciion _ EB- WB _ 2 Left :. NSI - 4th Leg signatlzed Intersection 1 Los=II(B)lol i`� _Q' lcirc, YC -%1 signallzed Intersection LOS=B(C)(C) Unsignalized ` try Intetsection J 1Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 5 for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentified Figure 9 Phase 1: 2015 Build -out Lane Geometry and Levels of Service A Tia_ tc Impact Analysis of Governors Hill Development Projectber: t34, 2008 PH'��A 15-1-3 August 14, 2018 Page 18 Table 5 Governors Hill Development Levels of Service and Back of Queue (95%) Results _.a:a:. - r..aar. A- ... -.1 T-.rnvnmenici Intersection Traffic r Contra Lane AM Peak Hour PM Peak Hour SAT Peak Hour Back of Group/ Back of LOS Backe LOS Approach LOS Queue Queue Queue Roble 522 & Costello Dtive Si alized !� EBli.Y C 25,0 C 25.0 D 25.0 F -13/R. C 25.0 A 25.0 C 25.0 EB LOS C C C WB/L D82.0 D 93.0 D 138.0 WB/LT D 82.0 D 92.0 D 141.0 WB/R A 25.0 A 33.0 A 55.0 WB LOS C C C NB/I. A 25.0 C 25.0 D 25.0 NB(t Lane 1 NBfr Lane 2 B NWR 145.0 B 232.0 C 234.0 NB LOS B B C SBA. D 80.o D 212.0 C 502.0 SB/I A SB/fR 154.0 A 212.0 A 130.0 SB LOS A B C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignal zed EBIL A 25.0 B 25.0 25.0 EB/R - - NB/LT A 25.0 A 25.0 EA 25.0 SB/TR Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L A 25.0 D 15LO 90.0 EBfr Lane 1 C 265.0 C 354.0 C FWT Lane 2 377.0 EB/R A 25.0 A 25.0 A 25.0 EB LOS B C C WBIL A 25.0 A 25.0 B 25.0 WBfT B 93.0 C 587.0 B W8JTR 264.0 WB LOS A C B NBILT D 59.0 D 158.0 D 120.0 NM B 26.0 B 45.0 A 25.0 NB LOS C D C SB/LTR D 1 169.0 D 1 138.0 C 113.0 SB LOS D D C overall LOS B C B Route 50 & Invcrlec Way/ Coverslone Drive Signalized EB/L B 25.0 D 40.0 D 25.0 EBfr Lane I A 296.0 B 117.0 B EBfr Lane 2 167.0 EB/R A 69.0 A 25.0 A 126.0 EB LOS A A B WB/LLane t C WB/L Lane 2 46.0 C 197.0 C 192.0 WB/r Lane I A W BIT Lane 2 70.0 B 459.0 A 92.0 WB/R A 25.0 A 25.0 A 25.0 WB LOS B B B NB/L D NB/LT D 97.0 C 1 98.0 C 198.0 D 198.0 D 247.0 249.0 NB/R A 1 25.0 A 131.0 A 124.0 NB LOS C B C SB /L D 52.0 D 38.0 A 44.0 SB/ A 25.0 A 25.0 A 25.0 SB LOS B B B Overall LOS B B B EB = Eastbound, WB =Westbound, NB - Northbound, SB - Southbound L: Left, T:Thru, R: Right A Traffic Impact Analysis of Governors Hill De e-1-OPERI R+A Project Number: 13415-1-3 PH August 14, 2008 Page 19 BB - Eastbound, WB =%Vestbound, NB - Northbound, SB = Southbound L: Left, T:Thru, R: Right A Ti a1.1 is Impact tlnalysis o f Governors Hill Development PH Project Number: t 4,20 3 �. August 14, 2008 Page 20 Table 5 (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Build -out Traffic Conditions {with Assumed Improvements) Phase I - 2015 AM Peak Hour PM Peak Hour Hour Lane Traffic Group/ Back of LOS Back of ;!TPeak Back of Intersection Control Approach LOS Queue Queue Queue EBlL A 25.0 D 248.0 333.0 EBIr Lane 1 A 62.0 A 72.0 A 70.0 EBir Lane 2 B EBLOS A B Route 50 &Signalized WBIT Lane 1 B 155.0 C 522.0 D 312.0 Sulphur Springs WBIr Lane 2 A 26 0 A 25.0 Road WBIR A 25.0 C WB LOS B C C 173.0 D 450.0 SB/LR D 225.0 D SD LOS D C C Overall LOS B C 73.0 A 25.0 EBlL A 25.0 A 1313 Lane I A 10.0 A 91. 0 A 35.0 EBII' Lane 2 A 25.0 A . 250 A 25.0 EBlR A A EBL OS A A 25.0 A 25.0 wBn. A 25.0 Route 50 & Signalized WBIT A 55.0 A 242.0 A 101.0 Victory Road WB[r A WB LOS A D A 120.0 D 67.0 NB!L7'R D 77.0 D NB LOS D D 25.0 A 25.0 SB/LTR C 25.0 A A SB LOS C A A Overall LOS A A 376.0 B 433.0 EB /L C 1L8.0 B 250 A 25.0 EBIr A 25.0 A . B EB LOS C A B 25.0 A 25.0 Coverstone Signalized WBIrR A 25.0 A A Drive & Site- WB ILOS D E 156.0 Driveway SB/L �A2 A 192.0 192.0 A 243.0 SBIR B SB LOS A B B Overall LOS A B t Assumed 25 feet Vehicle Length BB - Eastbound, WB =%Vestbound, NB - Northbound, SB = Southbound L: Left, T:Thru, R: Right A Ti a1.1 is Impact tlnalysis o f Governors Hill Development PH Project Number: t 4,20 3 �. August 14, 2008 Page 20 PHASE 2 (YEAR 2025) TRAFFIC CONDITIONS Phase 2 will be build -out by Year 2025 and it assumes the full build -out of the proposed Governors Hill development to include: 128 multi -family units, 422 townhouse units, 385,000 square feet of office, and 900,000 square feet of shopping center. PHASE 2 - 2025 BACKGROUND CONDITIONS PHR+A has provided analysis for the "Proposed Scenario" — Scenario #1. This scenario assumes the full build -out with access to be provided via Coverstone Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Inverlee Way. Per scoping agreement with the Virginia Department of Transportation (VDOT), Analyses are provided for two (2) additional scenarios: "VDOT/County Requested" Scenario #2 assumes the full build -out with access to be provided via Tazewell Drive (future roadway) located along the south side of Route 50 (Millwood Pike), opposite Sulphur Springs Road and "VDOT/County Requested" Scenario #3, a combination of the two (2) aforementioned scenarios, assumes the full build -out with access to be provided via both Coverstone Drive and Tazewell Drive located opposite Inverlee Way and Sulphur Springs Road, respectively. To obtain 2025 base conditions, PHR+A applied annual growth rates of three percent (3%) to the existing traffic volumes along Sulphur Springs Road and two percent (2%) to the existing traffic volumes along Route 50 and Route 522, respectively, per year through year 2015. Annual growth rates of 2% and 1% were applied to Sulphur Springs Road and Route 50/Route 522, respectively, from year 2015 through year 2025. Additionally, all trips relating to specific future "other developments" located within the vicinity of the proposed development were included. Using the 7th Edition of ITE's Tri p Generation Report, PHR+A has provided Table 6 to summarize the 2025 "other development" trip generation. Table 6 2025 "Other Development" Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Sat Peak Hour In Out Total ADT Ravens Subdivlslon 210 Single -Family Delacbed 115 units 22 67 90 78 44 122 1,150 61 52 113 1,200 Total 1 22 67 90 78 44 122 1,150 61 52 113 1,200 uj me �6� arms proposes ror me na ,, ouumn --y ........ . . o u,,,.a =. _ Tra e Impact Analysis,Governors Hill Develop lent P J� ProjectNllmber:13415-1-3 - August 14, 2008 Page 21 Figures 10a through 10e show the Phase 2 2025 background weekday oandSaturday a�c ADT as well as weekday AMIpM peak hour and Saturday mid-day pc tra volumes at key locations throughout the study area for Scenarios 1, 2 and 3, respectively. Figure Ila through Tables7a throe lIc show the respective weekday AM/PM peak hour and Saturday h 7c mid-day peak hour levels of service at the study area intersections. g are provided to show the Phase 2 2025 background weekday AM/PM and Saturday mid- day peak hour levels of service and 95th percentile SYNCHRO 1 yelleue for of service hlane worksheets are for Scenarios 1, 2 and 3, respectively. A included in the Appendix section of this report. Trak impact tlnalysis ofGovernors Hill Development Project Number: 13415-1-3 R 08 _ n August 14, 22 1 Pagee 22 J No Scale A TR+! �• �11-6iy t� `� `.� ice• rm Weektlay ADT Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 7-- _ "— Figure 1.Oa "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Traffic Conditions A Tra rc Impact Analysis o esan Governs Hill Develo ent Project Number; 13415-1-3 PH -'-'L"` August 14, Pagee 23 23 1 l� No Scale b q� j22 � b h a` r�00 Igj3 �` a Iia1J(73�83 �S6x3jlg9l 0 (629;, (QS) ��"S I29)Up� \* SITE ,P-pTRA .- 'a Figure 10b �% f SITE .,. Goll ,o . dry e�v ,aL� �U M Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] "VDOT/County Requested" and Traffic Conditions Scenario #2 - Phase 2 2025 B Tr arc Impact Analysis of Governors Hill Development Project Number: 13415-1-3 R+A August 14, 2005 HPage 24 r� No Scale -1- Weekday ADT Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 10c "VDOT/County Requested" Scenario #3 - Phase 2 2025 Background Traffic Conditions A Trac Impact tbtalysis of Governors Hill Development Project Number: 13415-1-3 1 R+A August 14, e 25JJLL H Page 25 `�♦ 'w �� It Weekday ADT Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 10c "VDOT/County Requested" Scenario #3 - Phase 2 2025 Background Traffic Conditions A Trac Impact tbtalysis of Governors Hill Development Project Number: 13415-1-3 1 R+A August 14, e 25JJLL H Page 25 G�1 Unsignalized Intersection �~ +FJ No Scale /q�r�J ��r�► �� (cllCj '�lr�Jq �►` 50 CSL Signalized q / eIntersection 4 LOS=B(C)(B Go 0.7 Sigiia[lcd "Suggested nf.rseciion Imp- vements" Signalization Signalized Intersectiau G,,G LOS=B(B)[Cj `G l tqa,. tic car/c �� so _ I� �ostc�O ' brjPe Interseetion Signalized P.`G1� ,. �Se� Pe ilt� Intersection Yj►t�a`y� pOQ,ALOS—B(B)ICI PIC �i SITE F' � _' � � �` �f eke G r,J1'9ls d+lP`,a� Sitl hurSprin sROad 522 ~`p6o SITE �( Signalized'; Suggested -rs Unsignallzed Im rovements" �r Inteection FIntcrSectlon rx yJl IAS A Signallzallon 6 In C)Denotes stop sign control aDenotes traffic signal control * Denotes Unsignalized Critical Movement. AM Peak Hour (PM Peak Hour) [SAT Peak Hour] /� Note: See Table 7a for levels of service by "Lane Group" Note: Fun IJT T+/ l ding for "Suggested Improvements" has yet to be indentified LP ---+ Figure 11a "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Lane Geometry and LOS A Traffic Impact Analysis of Governors Hitt Uevelopineiu Project Number: 13415-1-3 P R+A August 14, e 26H Page 26 ■ No Scale Signalized Intersection LOS=WB)IC1 icJ(cJC, A -'�+! f ae CJJ ' Unsignalized e Intersection `��t JgJ(�J q4 Signalized �} tie illy Intersection 1� SITE °oQALOS=)[C]lG�`C� r `.�SITEc�°y o0 .te```e fro gsRoad '9r— Unsignalized T— Intersection J/o top sign control is signal control * Denotes Unsignalized Uritical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 7b for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentilied 1--1 Figure 11b ttVDOT/County Requested" Scenario #2 - Phase 2 2025 Background Lane Geometry and LOS A Trak Impact Analysis of Governors Hill Development Project Number: 13415-1-3 F) 1" August 14, 2008 H Page 27 w` G�~~ Unstgnalized Intersection x /q/rq J �0►► � ��gfcJ/�j /gJrq�9 iG �� No Scale GSD o0 V1 Signalized coq 5D �L Intersection `G LOS=BfClitil Signalized I Intersection LOS=B(B)(CI G 1+191 C' ll c>C (C�(r/ osfe�o Unsignalized Drape intersectionn9t $ Ci Signalized Intersection a liY0, LOS=&n)lCl��c�`C� •��rqJ/ �ayop ��l(�J9 % I SlT 1L E "Suggested Improvements" Signalizatinn sRoad 7 Unsignalized "r'— Intersection enotes stop sign control tes traffic signal control ized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 7c for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentified 1 1 "VDOT/County Requested" Figure 11e Scenario # 3 = p!.ase 2. 2025 Background Lane Geometry and LOS A Tr a& ],?,pact Atialysis of Governors hill Develo rp ,teat � � � + � Project Number: 13415-1-3 August 14, 2008 1 �l �1 L rage 28 Table 7a Governors hill Development Levels of Service and Back of Queue (95%) Results -. -: *a.,.a..,.......a •r.ornc r'..,..ta:,...c AWth AccruuId Lnnrnvementsl --7YaBic Intersection Control Lane AISi Peak Hour Pl1l Peak Ilour SAT Peak Hour Croupi LOS Back of LOS Back of Approach Queue Oueue Route 522& Conego Driv: Signalized EBILT C 25.0 �A2C!00of D 25.0 BB/R C 25.0 C 25.0 EH LOS C C C WWI, C 67.0 C 87.0 D 143.0 WB/LT C 67.0 C 86.0 D 146.0 tVH/Ft B 25.0 D 50.0 B IIB.O WB LOS C C C ND/L A ei-V V 25.0 C 25-0 NBrr Lane 1 NB/r L=2 B NVITR 159.0 C 276.0 C 315.0 NB LOS D C C SBIL C 66.0 C 193.0 C 355.0 SB/r A SBfrR 166.0 A 215.0 A 117.0 SB LOS A B C Overall LOS B B C Prince F:cderick Drive & CostelloI Drive Uasignalized BB/L A 25.0 B 25.0 A 225.0 HB/R NB/LT A 25.0 A 25.0 A 25.0 SB R Rome 50& Prince Frederick DrivdCwslcr Avenue Signalized RB/L A 25.0 B 87.0 A 46.0 PB/TL.. 1 A 171.0 A 121.0 A H81i'Lane2 120.4 RH/B A 25.0 A 25.0 A - 25.0 EB LOS A A A WB/L A 3L0 B 59.0 C 72.0 WRIT WRIT A 84.0 C 385.0 C 288.0 Win LOS A C C NB/LT C 48.0 C 124.0 C 80.0 NB/R B 25.0 A 38.0 A 32.0 NB LOS C C C SH/LTR C 157.013 90.0 13 1 77.0 SB LOS C B D Overall LOS B C B Rouh,50& Inverlce Way Signalized HBILT EBlf B 255.0 A 87.0 A 78.0 EB LOS B A A WB/r Lane 1 A WIM Lane2 191.0 A 411.0 A 108.0 \V B/R A 25.0 A 1 25.0 A 25.0 WB LOS A A A SBILR C 74.0 C 52.0 C 60.0 SB LOS C C C Overall LOS B A A Route 50& Sulphur Spdngs Road Signalized EB/L A 25.0 C 192.0 B 234.0 EB?T Lane I A BB/T Lane 2 53.0 A 65.0 A 55.0 EB LOS A D B WBfr Lanel C WB/f Lan02 151.0 C 314.0 C 364.D WB/R A 29.0 A 60.0 B 55.0 WD LOS B C C SB/LR C 269.0 C 154.D C 296.0 SB LOS C C C Overall LOS B B C Routc5o& Victory Ruad Signalimd EBR, A 25.0 A 53.0 A 25.0 BH/'P Lane 1 A HHh Lane2 58.0 A 121.0 A 38.0 [IRM A 25.0 A 1 25.0 A 25.0 EB LOS A A A WBIL A 25.0 A 25.0 A 25.0 WRIT WBITR A 50.0 A 200.0 A 68.0 WB LOS A A A NB/LTR D 1 76.0D 119.0 D 1 67.0 NB LOS D D D SB/LTR C 1 25.0 A 1 25.0 A 25.0 SB LOS C A A Overall LOS t_ A l A 1A 1 ASSaW4 25 Ieet veaiete r.engrn HB - Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Len, T:Thm, R, Right A Traffic Impact Analysis of Gover7lors Hill Develonmerrt R+A Project Number: 13415-1-3 August 14, 2008 PHPage 29 EB - eastbound, MB=Wcatbouad, ND = Northbound. SB = Southbound L U11, T:Thnt R: Righ, A Trac tinpact Analysis of Governors Hill Development PH Project Number: t 415-1-3 ,2008August 14, 2008 page 30 TRble 7b Governors 1191 Development Levels of Service and Back of Queue (95%) Results .42 Phase 2 2025 Background Traffic Conditions (tvlih Assumed Im rovements) Scenario - ARi peak hour Ph1 Peek flour SAT Peak Hour Lane Traube Group Back of LOS Back of LOS Buck of Intersection. Control l,Og ueue Q Queue Queue Agproaeh C 2s.0 c 25.0 C 25.0 EBlLT BB/R C 25.0 A 25.0 C 25.0 EB LOS C C C 87.0 D 108.0 \VB/L c 75.0 C 86.0 D 111-D WBILT C 75.0 B 50.0 A 37.0 NY B 25.0 B )81BC'B LOS C 25.0 C 25.0 NB/L A 25.0 C Route 522 & Signaliud NB/f Lane 1 Costello Dive HI Ni Lene2 H 156.0 C 276.0 C 202-0 NBffR C C NB LOS B C 193-0 C 509.0 SB/L C 74.0 SB/r p 167.0 A 215.0 A 125.0 SBfYR B C SB LOS C Overall LOS B B 25.0 A 25.0 Prince BB/L A 25.0 8 _ Frederick Dnve EWR Uavignelivcd - 25.0, _ A 25.0 A 25.0 & Caakllo NBILT A Drive SWR _ C 124.0 C 85.0 Em A 25.0 EBrr Lane E 108.0 A 112.0 8 92.0 Heft Lane 2 25.0 A 25.0 A 25-0 EB/R A B Be LOS B B E 58.0 D 36.0 WHlL B 3fi.0 Route 50 & WD/- B 82.0 C 385.0 B 113.0 Prince Frederick Signalized WB/1R B Drive/Cu ur WB LOS B C B 54.0 Avenue NBILT A 25.0 NBIR NO LOS AM B7184.0 B S81LTR SB LOS B Overoll LOS B EBL. Lan. I - - - - EBI- L...2 Route 50 & unig.liud WDIr Lane 1 - - - invcri-Way WB/r Lane 2 _ WB/R SBIR d7.0 C ]42.0 C 291.0 EBIL B Haff Lane 1 B 148.0 A 65.0 B 8Z0 EWT Lane 2 H EB LOS B B Route 50 & IVB? Lane 1 Signalized E 940 C 374.0 C 222.0 Sulphur Springs \VD/-Lane2 A 60.0 A 79.0 Road \YB/R A 25.0 C W B LOS H C C 154.11 C 329.0 SB/LR B 173.0 C SA LOS 8 C C Overall LOS B B 46.0 A 25 0 EB/L A 25.0 A EB/ -Lane 1 A 105.0 A 88.0 A 66.0 13DIT Lane 2 F'.-, A 25.0 A 25.0 A 2S 0 EHIR A A eA LOS A 25.0 A 25.0 WB/L A 25.0 A Route 50& WB/i A 50.0 A 200.0 A b8.0 Victory Road \YBIrA A A 111B LOS A D 119.0 D.11 67.0 NB/L7R D 77 D NB LOS D A D 25.0 A 25.0 SS/LTR C 25 .0 A SB LOS C A A Overall LOS A A • Assmned 25 Cect Vehicle Length EB - eastbound, MB=Wcatbouad, ND = Northbound. SB = Southbound L U11, T:Thnt R: Righ, A Trac tinpact Analysis of Governors Hill Development PH Project Number: t 415-1-3 ,2008August 14, 2008 page 30 Table 7e Governors Hill Development Levels of Service and Back of Queue (95%) Results r._ r,.r,a:r,- A.ah A -tined Itnnr0VCaIentS) u"r Interseeilon Traffic •y'c Control Lane J Y `^ AN] Peak Hour Phl Peak Hour SAT Pe If Hour Group/ Back of Back Of Back of Los LOS Queue Approach LOS Queue Queue Q Route 522& Costello Drive Signalized EBlLTC 25.0 C 25.0 D 25.0 EBfR C 25.0 A 25.0 C 25-0 E8 LOS C C C WB/L C67.0 C T 87.0 D 143.0 WBILT C 67.0 C 86.0 D 146.0 WDIR H 1 25.0 B 50.0 B 118.0 WOWS C C C NBIL A 25.0 C 25.0 C 2s.0 NB/f Lane l ND/T Lane B 159.0 C NB/TR 276.D C 715.0 NO LOS B C C St1/L C 66.0 C 193.0 355.0 SBR A SB/TR _ 166.0 A 215.0 77A� 117.0 SB LOS A B C Orerall LOS B B C Prince Frederick Drive Costello Drive Unsignalized EBIL A 25.0 B 25 D A 25 n EBIR - - - _ NBILT A 250 A 25.0 A 25.0 SBITR - - Route 50& Prince Fredrick Drivc/cwer Avenue Signali2ed EBIL A 25.0 D 87.0 A 46.0 EBIT Lane 1 p 131.0 A 121.0 A EB/T Lane2 120.0 ED/R p 25.0 A 25.0 A 25.0 EB LOS A A A \VB/L p 31.0 B IL 59.0 C 72.0 IvB/r A 84A C W 385.0 C 288.0 )VB LOS A C C N -R C 48.o C 124.0 C 60.0 NWR B 25.0 A 36.0 A 32.0 NB LOS C C C SBILTR C I 157.0 B 90.0 B F 77.0 SB LOS C H B Overall LOS B C B Route SO& In 111 Way Signalized BBP T EB/r B 235.0 A 87.0 A 78.0 EB LOS B A A W Tr Lane I A WBf1-Lane2 191.0 A 411.0 A 108.0 WBIR A 1 25.0 A 1 25.0 A 25.0 WB LOS A A A SDILR C 1 74.0 C 1 52.0 C 60.0 SB LOS C C C Over9ULOS B A A Rou(e50& Sulphur Spring$ Road Signalled RBIL A 25.0 C 192.0 B 234.0 EBfr lapel A EBtr Last 2 570 A 65.0 A 55.0 EB LOS A B B WB/f LaneI C 1Y13/r Lanz 2 151.0 C 374.0 C 1-0 WHIR A 29.0 A 60.0 B 55.0 RB LOS B C C SBILR C 269.0 C 154.0 C 296.0 SB LOS C C C Overall LOS B B C Route SD & Victory Road Signa]izcd EB/L A 25.0 A 3.0 A 25.1) EBIr Lane 1 A BarrLane2 58.0 A :121.DA 38.0 OWE A 25.0 A 5 0 A 25.0 EB LOS A A A 1Y0lL25.0 A 25.0 lVB/T A WB/TR 50.0 A 200.0 A 68.0 IVB LOS A A A NBILTR D 76.0UA119.0 D 67.0 NB LOS B D SBILTR C Z5.025.0 A 25.0 SB LOS C A Overall LOS A A Eta - Eastbound, W B=1Vtstbound, NO - Northbound, SB - Southbound L LeR T:Thru, R: Right A Ra1/ic Impact AllaiVSiS oIyOW17101's 12111 3/e vcrvyrr, h Project Number: 13415-1-3 August 14, hR+A Page 31 08 PHASE 2 — TRIP GENERATION 7th Edition of the Institute of Transportation Engineers' (ITE) Tri Using the the trip generation for the Generation Report PHR+A has prepared Table R to summarize Phase 2 Governors Hill development. proposed Table 8 Proposed Development: Governors Hill Development Phase 2 - 2025 Trip Generation Summary SAT peak Hour Al)'C AM Peak PMPesltHour AO.r Cotte Land Use Amount In Out In out TWO In Out Total Total 22D Apartment 128 units l3 53 6fi 57 31 88 920 36 11 164 213 17G 100 275 2,753 128 115 72 247 749 2,787 842 49 230 TONPboUSc%Condo 422 units 51 710 Office 385,000 SP 485 66 551 87 423 510 3,767 59 1,755 3,375 36,646 2,326 2,147 110 4,473 44,473 820 ShoppingCeulcr 900,ODOSP 565 362 927 1,620 2,549 2,349 4,902 49,351 Sub -Total 1,113 645 1,758 1,940 2,309 4,248 46,085 LdernatTrip Reduction (max 5%!5%)r 28 28 56 55 55 109 1,478 37 37 228 417 417 835 9,524 555 555 75 1.110 1,145 11.111 Retail Pass -by Trip Reduction (mae 25%) 114 114 Total 'New Trl s" 971 503 1 474 1 468 1837 3 304 35 083 1 957 1 756 3 717 37.095 arc applied to residential AM peak hour, PM peak hour and 24-hour nips, rrspcclively. • Per Chapter 527 TW rc8ulattons by VDOT, 5°%, 10% and I5% intemal trip reductions PHASE 2 - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Scenarios 1, 2 and 3, shown in Figures 12a through 12c, respectively, were based upon local travel patterns for the roadway network surrounding the proposed Governors Hill site. Figures 13a through Be show the corresponding development -generated weekday AM/PM peak hour trips and ADT as well as Saturday mid-day peak hour trips and ADT. 2025 BUILD -OUT CONDITIONS The Governors Hill assigned trips (F10ar10c es 3lobiain Phase 2 2025the build out 2025 background traffic volumes (F>gtucs ) to conditions. Figures 14a through 14e show the Phase 2 2025 build -out weekday ADT and AMIPM peak hour traffic volumes as well as Saturday ADT and mid-day peak hour traffic volumes at key locations throughout the study area for Scenarios 1, 2 and 3, respectively. Figures 15a through 15c show the respective weekday AM/PM peak hour and Saturday mid-day peak hour levels of service and lane geometry. PHR+A has provided Tables 92 through 9e to show the Phase 2 2025 build -out levels of service and 95t' percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SXNCHRO level of service worixsheets are included in the Appendix section of this report. A Tiaffic In2nact Ai2alysis Of 30vet-120is Hilt Develo n2e72i Project Number: 13415-1-3 R+A August 14, 2008 T T Page"32 H A Tia is Impact Analysis of Governors Hill Development Project Number: 13415-1-3 1-P 1-H n Page 33 A Ti a1:lc hnpact Ariahisis of Governors Hill Development Project Number: 13415-1-3 PH � �_ %` Augnst 14, e 34 \1 1 Page 34 d No Scale 5% 5% 30% 45% vY U �os�op0 Dr've � � , dw,�� y�G,tti a �4 o SITE Sul hurS rAil S Road 522 SITE 50 15% 10 0 d 0 wot�4 F4-5%125 Residential Retail -PT w F-FFigure 12c "VDOT/Court3Requested"' Scenario #3 - Phase 2 Trip Distribution Percentages A Trac Impact Alialysiso[Govertiors Hill Develo nn -,it PHR Project Number: t1341S-1-3,2008 August 14, e 35 Page 35 ro� 0 No Scale 6'0(1,8 O(o894l%Jq )2Q81Or r 522 pOl`V 3 AII,y A 62g8 0 0 Jy Jlss� 1177 s v r�ss 16,9 )437)_,sr 6(61�91�441 llo j�rl�o pie • v o4' a�S 1s1� iY ae'� W1 S 4 ti� by y Ic 3858 ITE 1 0� r el�a 'Fe Sul hur... Road w 0 `fro ^�1 �Le Le In Figuel3a.]. SITE �" 50 5268 01 69 n1 � lsf O � , a` Saturday ADT �} AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 1- T TR+/ /� \ * Denotes Pass -by Trips JL JL Figure 13a "Proposed Scenario" Scenario #1 -Phase 2 Development -Generated Trip Assignments A Ti•a fe Impact A7taIWIS ol yovernure A Project Number: 415-1-3 , 2008 P -{-(/ \1 Augustt 14, 2008 Page 36 No Scale C•%0r14(8)[91 `0�ssrr rivewa y #1 i ]691 ](556)120 Drivetva #1 004 M > 1 1 [32](26)5 o q 14666 207 G en SO o. m a ,�, 14(8)[9] 04 Drivewa #2 [122](100)20_ ■� [32](26)5..% N ry SITE Drivewa #2 a 5389 1 207 o� SITE Coverstone Dr �32� yP1pay#3 r 13902 ��6 f 00 r'rYeljb . A�, ti hb11h�` 9a1 ao ��(c(JuoJ rhy1`�Ly�0 4 0ti o� oti` Get 00, I d� �61A�gol�6ti� I Saturday ADT /� AM Peak Hour(PM Peak Hour)[SAT Peak Hour] PY -TP+/ \ * Denotes Pass -by Trips Figure 13a-1 "Proposed Scenario" Scenario #1 - Phase 2 Development -Generated Trip Assignments R+A Traffic bnPact �If�alysis GovernorsProject N mb r: 134 rp Ment Project Number: 13415-1-3 August 14; 2008 PHPage 37 No Scale Al P4 rr99Ir221)4 s� 1, C'o`o%s toho �n� e SITE R 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] * Denotes Pass -by Trips Figaro 13b "VDOT/County Requested" Crenario 42 - Phase 2 Development -Generated Trip Assignments A Ti afc Impact At;alysis o{Governors Hill Development Project Number: 13415-1-3 P RA August 14, 8 Pagee 38 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] rPT T1P+A * Denotes Pass -by Trips Figure 13c "VDOT/County Requested" Scenario #3 - Phase 2 Development -Generated) Trip Assignments A Traffic Impact Analysis oiGoveritors Hill Development Project Number: 13415-1-3 PH RA August 14, 2008 Page 39 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour[ 1 1 "Proposed Scenario" Figure 14a Scenario #1- Phase 2 2425 Build -out Traffic Conditions A D-alfic /111 ACT 11 M11 b -is v vv vei cavi o a<....�.-• �- fhR+A Project Number: t 4, 2008 August 14, e 40 Page 40 N r -i G O No Scale�14(8)19] Noun 0{0}10] rivewa #1J 0-0(0)101 1691](556)120--R F q v Driveway #1y l0],0)o� N a 14666 207 o M v e14(8)191kn Driveway#2 �r v y�■'2{J)l1i `��3y 11221(100)20--0 r9 0(0)101. r ]� [32J(26)5■a% N ry GJ V ti N I O SITE Drivewa #2 5389 207 SITE a by 0 ZQ PrL�y Coverstone 1 1 13902 ] X36 ^�� `�� e11 s ✓ � �1 L1�' �9 t � � Le �''✓ o �, � 41' ,�09 a¢,S�o ,y4>1 rb1 tyay'#.� a 'Y Orte, 9 �b�6�g01�6ti�856"� fl�y'J/� Saturday ADT _PT TR+A AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 14a-1 "Proposed Scenario" Scenario #1 - Phase 2 2425 Build -out Traffic Conditions A Trac Impact Analysis of Governors Hill Development Project Number: August 14, 2008 Page 41 Figure 14b PH R+A mm 4Ycciccl�v ADT' 1 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] "VDOT/County Requested" - Phase 2 2025 Suild-out Traffic Co A Traffic Impact Analysis of Governors Hill Developnment Project Number: 13415-1-3 August 14, 2008 Page 42 \\'elccla 13 M +A AM Peak Hour(PM Peak Hour)[SAT Peak Hour] re 14c IF VDGT/County requested" Scenario #3 - Phase 2 2025 Build -out Traffic Conditions ,4 Trac Impact .4yalvsis of Governors Hill Development Project Number:'13415-1-3_ + August 14, 2008 PW -\--A Page 43 Signalized Intersection LOS=B(QID1 _a Qr a P,--,P,:1� Figure 15a v y G° 7L U� - SEE "EXHIBIT B" FOR DETAILED DIAGRAM $ignaiired.' "Scogesled$igna►ized Tritersectlon Improvements" SEE "EXHIBIT B" FOR DETAILED DIAGRAM _ "Suggested Intersection: Improvements' ti4S If(C)lCjSf. g nalization EB - I Lert,1 Right LOS B(C)�Cj SB 1 Left 59 Signalized Intersection NVB 2 Left NB 41h Le g LOS—C(F)II) 91 N. Signalized Intersection LOS=B(E)1Fj nr Sp�gs OF `` Unsignalized t, intersection Denotes stop sign control 19 = �� © Denotes traffic signal control 1 Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 9a for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" have yet to be indentified "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Lane Geometry and LOS PEjRn A Ti afc Impact Analysis oTGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 44 No Scale SITE 2t2ne Drive \ -1- SITE 0 Denotes stop sign control ® Denotes traffic signal control k Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 9a for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" have yet to be indentified Figure 15a-1 "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Lane Geometry and LOS A ri•aTie rmlact Analysis orGovernors H ff1t2O e qp!?,M Project Number: 13415-1-3 R+A August 14, 2008 PH Page 45 o Scale Signalized Intersection (> LOS=B(C)[pl i Intersection D/ Unsignalized intersection 4S SITE PH Figure 15b Unsignalized Intersection Iifei §ectfgn; EB - I Left, l Right 30$ C(D)lGl WB -2 Lett NB - 4th Leg SB - 1 Lert, I Right SITE Rcad `e 4-INO � Unsignallzed Intersection X14 �Ie so tenotes stop sign control tes traffic signal control lized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour Note: See Table 9b for levels of service by "Lane Group Note: Funding for "Suggested Improvements" has yet to be indentiftei ttVDOUCounty Requested" Scenario #2 - phase 2 2025 Build -out Lane Geometry and LOS A Traffic Impact Analysis of Governors Hill Development Project Number: 13415 -1-3 August 14, 2008 Page 46 J Lqs 1B No Scale "Suggested Improvements" NB - I Left, Re -stripe X41 �t� ICfri�n - . v� 1 Signalized 5 � B,tersection LOS—Cmw, Signalized Intersection LOS=1ft(1=}lnl ae. x2t `cs�AlloV Unsignaiized Aj'po Intersection �i AID SITE 9�gJ�9Jv V$ Slgilallzed "Suggested Ipferseetlon,' Improvements" LOS A(B}1BJ Signalization NB 1 Left _T4 fefl0 �� L trf(Cld d ye . SITE Road k � Unsignaiized Intersection Denotes stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 9c for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentified JL re 15c "VDOT/County requested" Scenario #3 - Phase 2 2025 Build -out Lane Geo A Trac brtyact Analivis of t7oveniors Hill Development Project Number. 13415-1-3 PH11,�A August 14, 2008 Page 47 Table 9a Governors Hill Development Levels of Service and Back of Queue (95%) Results 1with Accnmrrl lmnrovements) Scenario Intersection Route 522 & Costello Drive 91-rnaseLauLnu„u-��.=•�-_ Traffic Control Signalized �•-�___ Lane AM Peak Hour ___ ._ PM Peak Hour SAT Peak Hour Back of Back of Back of Group/ LOS LOS LOS Approach Queue Queue Queue EB/LT C 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 25.0 EB LOS C C D WB/L D 109.0 D 205.0 E 280.0 WB/LT D 110.0 D 209 0 E 282.0 WB/R A 25.0 A 38.0 A 112.0 WB LOS C C D NB/1, A 25,0 C D 25.0 NB/T Lane 1 NB/T Lane 2 B NB1TR 196.0 C D f327 -0 309.0 NB LOS B C D SB/L D 308.0 D 712.0 SB/T B SB/TR 7tt�L 223.0 A 131.0 SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized 1�1 D 65.0 E 160.0 E 141.0 B LEBLOS 61.0 B 77.0 B 102.0 B C C NB/I. 25.0 A 129.0 C 157.0 NB/T 41.0 A 708.0 A 77A 309.0 B NB LOS A A SB/T A i91.0 B 497.0 B 722.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS A B B Overall LOS A B B Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L B 29.0 F 245.0 C �9 0 MT Lane 1 C BB/T Lane 2 297.0 C 376.0 C 385.0 EM A 37.0 A 25.0 A 87.0 EB LOS B C C WB/L B 71.0 C 106.0 ��49.0 WB/T D WB/TR 793.0 C 468.0 B D C WB LOS NB/L Lane 1 D NB/L Lane 2 71.0 E 447.0 D1289.0 NB/TR B 67.0 C 3220 B66.0 NB LOS C D C SB/LTR D 184.0 D 145.0 D 161.0 SB LOS D D D Overall LOS B D C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Wcslbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Project Number: 13415-1-3 nAugust 14, 2008 I i Page 49 Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario #1- Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane AM Peak Hour Plbi Peak Hour SAT Peak Hour Groupi Approach L05 pP Back of LOS Queue Back of LOS Queue Baca of Queue Route 50 & Inverlee Way/ Coverstone Drive Signalized EB/L D 25.0 E 45.0 E 32.0 EB/T Lane 1- EB/T Lane 2 B 209.0 C 474.0 D 423.0 EB/R A 25.0 A 31.0 A 54.0 EB LOS A C C WB/L Lane D WBIL Lane 2 185.0 D 341.0 D 520.0 WBIC Lane I A WBIC Lane 2 105.0 B 276.0 B 119.0 WHIR A 25.0 A 25.0 A 25.0 WB LOS B C NB/L D NBILT D 103.0 D 103.0 D 223.0 E 223.0 E 349.0 349.0 NB/R C 138.0 D 246.0 C 397.0 NB LOS C D D SB/L D 53.0 E 48.0 E 53.0 SB/TR A 25.0 A 25.0 A 25.0 SB LOS B C C Overall LOS B C C Route 50 & Sulphur Springs Road Signalized EB/L A 25.0 D 527.0 C 234.0 EB/T Lane 1 A 31.0 A EBfr Lane 2 68.0 A 65.0 EB LOS A B B WB/T Lane 1 B WB/T Lane 2 236.0 D 860.0 D 604.0 WB/R A 25.0 A 52.0 A 39.0 NVB LOS B C D SB/L D 185.0 P 147.0 E 188.0 SB/R B 140.0 D 360.0 C 637.0 SB LOS C D D Overall LOS B C C Route 50 & Victory Road Signalized EB/L A 25.0 B 28.0 A 25.0 EBIT Lane 1 A EB/T Lane 2 91.0 A 76.0 A 7i.0 EBIR A 25.0 A 25.0 A 25.0 EB LOS A A A WB/L A 25.0 A 25.0 A 25.0 WB/I WB/TR A H7.0 B 381.0 A 172.0 WB LOS A B A NBILTR p 1 77.0 D 162.0 D 1 87.0 NB LOS D b D SB/LTR C 1 25.0 A 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Traffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 49 ,4 Trak Impact Analysis of Governors Hill Development Project Number: 13415-1-3 R+AAugust l4, e 50H Page 50 Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Scenario 91 - AM Peak Hour PM Peak Hour SAT Peak Haar Intersection Traffic Lane Group/ Back of LOS LOS Back of Back of LOS Queue Control Approach Queue Queue RH/I A 77.0 C 438.0 C 573.0 EBtfR A 25.0 A 25.0 A 25.0 EB LOS A C C 1'VB/LTR A 25.0 A 25.0 A 25.0 WB LOS A A A NB/L C 25.0 C 33.0 D 63.0 Coverstone Signalized/TR NBIT C 85.0 C 335.0 C 274.0 Drive & C Driveway 1 NB LOS C C 25.0 SB/L A 25.0 B 25-0 B SBFT Lane l B 204.0 B 321.0 C 378.0 SB/T Lane 2 A 25.0 A 88.0 SB/R A 25.0 SB LOS B A B Overall LOS B B C EB/L B 25.0 D 44.0 D 59.0 EB/TR 1V6/LTR - - A 25.0 B 25.0 B 25.0 NB/L A 25.0 A 25.0 A 25.0 Coverslone NB/T _ - Drive & Unsignalized NB/TR Driveway 2 SB/L A 25.0 A 25.0 A 25.0 SB/T Lane 1 _ - - SB/T Lane 2 WB/LR B 25.0 C 49.0 B 25.0 NB/T - - - Coverstone NB/TR Drive & UnsignalizedSB/L A 25 0 A 25.0 A 25.0 Driveway 3 SB/T Lane 1 - SB/T Lane 2 E1311,A 30.0 C 88.0ff 235.D EB/T Lane 1 B 31.0 B 25-025.0 EB/T Lane 2 A 25.025.0 EB/R A 48.0 EB LOS A B B W B/L A 25.0 C 128.0 D 99.0 WB/T Lane 1 A 25.0 C 58.0 B 36.0 Coverstone Signalized WB/T Lane 2 WB A 25.0 A 124.0 A 25.0 Drive & WB LOS A C B 58.0 Tazwell Drive NB/L C 70.0 D 200.0 C NB/TR A 25.0 A 25.0 A 25.0 NB LOS B C B SB/L C 52.0 C 266-0 D 293.0 SB/TR A 25.0 A 25.0 A 25.0 SB LOS B B C Overall LOS A B B • Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound U Left, T:Thru, R: Right ,4 Trak Impact Analysis of Governors Hill Development Project Number: 13415-1-3 R+AAugust l4, e 50H Page 50 Table 9b Governors Hill Development Levels of Set -vice and Back of Queue (95%) Results n.. _.._ n nnlr 0.d1A ....r Ir -M., M., P. -i finnc hvith Assumed Imnrovementsj Intersection Traffic Control Lane - Peak Hour Group/ Bac;: of Wk�uM25.0 ucue ApproachQEB/LT Route 522 & Costello Drive Signalized 25.0 EB/R25.0 EB LOSD WB/L D 109.0 D 205.0 E 311.0 WB/LT D 110.0 D 209.0 E 314.0 WB/R B 31.0 A 63.0 B 105.0 WB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NBfI' Lane I NBIT Lane 2 B NBITR 196.0 C 327.0 D 346.0 NB LOS B C D SB/L C 120.0 D 308.0 D 790.0 SB/TA SB/TR 174.0 B 223.0 A 135.0 SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized EB/L D 68.0 F 206.0 E 167.0 EB/R B 85.0 C 179.0 C 299.0 lEB LOS B D D NB/LA 25.0 161.0 D 214.0 NB/T A 25.0 77C 1246.0 C 1056.0 NB L09 A C C SB/r [ane 1 A SB/T Lane 2 135.0 B 247.0 B 264.0 SB/R A 25.0 A 25.0 A 1 25.0 SB LOS A B B Overall LOS A C C Route 50 & Prince Frederick Drive/Custer Avenue Signalized FBIL B 32.0 F 276.0 E 150.0 EB/ -r Lane I C EB/r Lane 2 243.0 C 211.0 D 173.0 EB/R Lane 1 A EB/R Lane 2 25.0 A 25.0 A 39.0 EB LOS B C B WB/L- C 78.0 C 52.0 D 277.0 WB/I B WB/TR 189.0 E 542.0 C 351.0 WB LOS B D C NBIL Lane 1 D NBIL Lane 2 94.0 L' 475.0 D 370.0 NBITR B 102.0 B 127.0 B 106.0 NB LOS C D C SB/LTR D 207.0 D 160.0 D 161.0 SB LOS D I D D Overall LOS C D C t ....... ,.d l5 fent VPhirle T anpth EB - Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Traffic hnpact Malysis of Governors Hill Developn ent Project Number: 13415-1-3 P RA August 14, e 51H Page 51 A Traffic Impact Analysis ofGovernois Hill Developyigtg Project Number: 13415-1-3 PHP August la, 2008 Page 52 Table 9b fcontinued) Governors Hill Development Levels of Service and Back of Queue (95%) Results 2 2025 Build -out Traffic Conditions (with Assumed ilsipi-miements) Scenario #2 - Phase Lane AM Peak Hour Pl►4 Peak Hour SAT Peak Hour Traffic Group/ Back of Back of Back of LOS Intersection Control LOS Queue LOS Queue Queue Approach EB/T lane 1 - EB/T Lane 2 Route 50 & �/T Lane 1 Unsignalized lnverlee Way W B/T Lane 2 WB/R - SB/R - EB/L Lane 1 C 37.0 F 162.0 D 172.0 EB/L Lane 2 EB/T Lanc I B 104.0 C 326.0 D 261.0 EBfr Lane 2 A 25.0 A 25.0 EB/R A 25.0 EB LOS B D D WB/L Lane D 110.0 D 256.0 E 281.0 WB/L Lane 2 Route 50 & WB/T Lane 1 B 131.0 D 562.0 D 179.0 Coversione Signalized WB/T Lane 2 B 176 0 A 41.0 Drive/Sulphur WB/R A 25.0 D Springs Road WB LOS C D C 266.0 NB/L C 51.0 C 205.0 NBIrR A 25.0 D 584.0 C 337.0 NB LOS B D C SB/LD 187.0 F 146.0 F SB/fC106.0 C 174.0CJ207.0 203.0 SB/R A 37.0 A 44.0 A 56.0 SB LOS C D C Overall LOS C D C BB/L A 25.0 B 27.0 A 25.0 EB/P Lane l A 25.0 A 140.0 A 25.0 B_h Lane2 A 25.0 A 25.0 BB/R A 25.0 EB LOS A A A WB/L A 25.0 A 25.0 A 25.0 Route 50 & Signalized WB/T A 97.0 A 366.0 A 165.0 Victory Road WB/TR A WB LOS A A NB/LTR D 1 77.0 D 142.0 D 73.0 NB LOS D D D SB/LTR C 25.0 A 25.0 A 25.0 SB LOS C A A Overall LOS A A A * Assu ned 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lell, T:Thru, R: Right A Traffic Impact Analysis ofGovernois Hill Developyigtg Project Number: 13415-1-3 PHP August la, 2008 Page 52 Table 9c Governors Hill Development Levels of Service and Back of Queue (95%) Results )mc 77,.:7.7 o Cnn minm (with Assumed Improvements) Intersection Traffic Control Lane AM Peak Hour PM Peak Hour SAT Peak Hour Group/ LOS Back of LOS Sack of LOS Back of Approach Queue Queue Queue Route 522 & Costello Drive Signalized EB/LT D 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 25.0 EB LOS C C D WB/L. D 109.0EDE 280.0 MZU9.0 WB/LT D 109.0E 282.0 WB/R A 25.0A 112.0 WB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NB/T Lane 1 NB/T Lane2 B NB/TR 195.0 C 338.0 D 3D9.0 NB LOS B C D SB/L D 116.0 D 297.0 D 712.0 813/TA SB[rR 166.0 B 223.0 A 131.0 SB LOS B B C Overall LOS 11 C D Prince Frederick Drive &Costello Drive E13/1,E 80.0 E 143.0 E 127.0 EB/R A 56.0 A 50.0 B 142.0 Signalized EB LOS B C C NB/L A 38.0 A 91.0 B 96.0 NB/T A 53.0 A 435.0 A 141.0 NB LOS A A A SBUR A 235.D B 390.0 B 630.0 SB LOS A B B Overall LOS A B B ute 50 & RoPrince Frederick Drive/Custer Avenue Signalized EB/L B 28.0 F 198.0 D 125.0 EB/T Un e I D 444.0 C EB/T Lane 2 412.0 D 498.0 EB/R A 25.0 A 25.0 A 86.0 EB LOS C C C WB/L D 124.0 C 64.0 D 121.0 WB/T B 127.0 D WB/TR 729.0 C 406.0 WB LOS B D C NB/L Lane l D N1111. Lane2 57.0 E 363.0 D 274.0 NB/TR C 62.0 C 166.0 A 36.0 NB LOS C D C SB/LTR D 204-046.0. D 150.0 SB LOS D D D Overall LOS r C D C 1/..1,�A. T -A, EB = Eastbound, WD =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Trak I171yact iLiatysis ofyovernors mitt levetopnium Project Number: 13415-1-3 P-LIAJLH�L august 14, 208 Page 53 Table 9c (continued) Governors Hill Development r _m. „F.v r",r and Back of Oueue. (95%) Results Scenario Intersection #3 - Phase Traffic Control 2 2025 Build -out Traffic Cc :a `ions (with Assumed Improvements) SAT Peak Hour Lane AM Peak Hour PM Pea"Backof Back of Back of Group/ LOS1OS ueue Approach I'OSQueue Q EI3/1. A 25.D B 25.0 B 25.0 EB/T Lane I A 242.0 C 444.0 F 398.0 EB/T Lane 2 EB/R A 25.0 A 30.0 A 25.0 EB LOS A B D WB/L C 276.0 D 397.0 E 688.0 WB/T Lane I A 242.0 B 148.0 A 121.0 WB/T Lane 2 --`V-BIR 25.0 A 25-0 A 25.0 WB LOS B C C NB/L D IOD 0 D 272.0 E 396.0 Route 50 & Inverlec way/ CoDrivenc Drive Signalized NBILT D 100.0 D 273.0E 396.0 NB/R B 46.0 A 86.0 A 93.0 NB LOS D C D SB/LTR C 84.0 D 63.0 C 69.0 SB LOS C D C Overall LOS B C D A 25.0 E 274.0 C ]EBIL g 7EB/TR 427.0 B E02.B/T 105.0 B EB LOS A C B WB/L_ A 46.0 C 242.0 C 270.0 WB/T Lane I B 251.0 D 661.0 D 352.0 Route 50 & Tazewell Drive/Sttlphur Springs Road Signalized WB![ Lane 2 WB/R A 44.0 B 177.0 B 56.0 -E-B LOS B D C "!B/LD 63.0 D 123.0 D 151.0 S 364.0 D 262.0 NB/TR 88.0 E NB LOS C D D SB/L E 220.0 F 141.0 F 209.0 SB/T C 93.0 D 153.0 D 184.0 SB/R.A 49.0 A 64.0 A 86.0 SB LOS C D C Overall LOS B C C EB/L A 25.0 B 98.0 A 25.0 EB/T Lane 1 A 25.0 A 99.0 A 351.0 EB/T Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/L A 25.0 A 25.0 A 25.0 Signalized WBfC A 91.0 A 366.0 A 168.0 Route 50 & Victory Road WB/TR A WB LOS A A NB/LTR D 93.0 D 142.0 D 77.0 NB LOS D D D SB/LTR C 25.0 A 25.0 A 25.0 SB LOS C A A Overall LOS A A A • Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L• Left, T:Th,.., R: Right rl Ti•a tc Impact Analysis of Governors Hill Development PH Project Number: t34, 2008 August t4, e 54 Page 54 CONCLUSION PHR+A has provided the analysis for the Phase 1 Year 2015 and Phase 2 Year 2025 "Proposed Scenario" (Scenario #1) as well as for the "VDOT/County Requested" Scenarios (Scenario 92 & #3). Based upon Synchro analysis results, assuming the suggested improvements, all the study area intersections will maintain levels of service "C" or better during Phase 1 2015 build -out conditions and levels of service "D" or better during "Proposed Scenario' — Scenario #1 and "VDOT Requested" Scenarios 42, #3 during Phase 2 2025 build -out conditions. The following describes the improvements suggested for the study area intersections during Phase 12015 build -out conditions: Phase 12{ 015 d Route 50/lnverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane and right -turn lane, two (2) westbound left -turn lanes and 4`b leg in northbound direction will be required. 3 Route 50NictoKy Road: Signalization will be required. Exhibit A is provided in the Appendix section of this report to show the detailed diagram of the intersections with suggested improvements. The following describes the improvements suggested for the study area intersections during 2025 build -out conditions for each scenario: Phase 2 (2025) ➢ "Propose"' Scenario - Scenario #1 (access via Coverstone Drive opposite Inverlee Way): o Route 50/Prince Frederick Drive/Custer Avenue: Northbound re -striping and one northbound left -turn lane will be required. • Prince Frederick Drive/Costello Drive: Signalization, one northbound left -turn lane and, one southbound right -turn lane will be required. • Route 50/Inverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane and right -tura lane, two (2) westbound left -turn lanes, and 4t1i leg in northbound direction will be required. • Route 50/Sulphur Springs Road: One southbound left -turn lane will be required. • Route 50/Victo1y Road: Signalization will be required. A Tl a is Impact Analysis of Governors Hill DevelopmeW Project Number: 13415-1-3 +' August 14, 2008 PH Page 55 Exhibit B is provided in the Appendix section of this report to show the detailed diagram of the intersections with suggested improvements. ➢ "VDOT/County Requested Scenario #2 (access vin Coverstone Drive Opposite Sulphur Springs Road): • Route 50/Prince Frederick Drive/Custer Avenue: One eastbound right -turn lane, northbound re -striping and one northbound left -tram lane will Ue required. • Prince Frederick Drive/Costello Drive: Signalization, one northbound left -turn lane as well as one right -turn lane will be lane, one southbound through required. • Route 50/Sulphur Springs Road/Coverstone Drive: One eastbound left -turn lane, one eastbound right -turn lane, two (2) westbound left -turn lanes, one southbound left -turn as well as one right -turn lane and 4t1' leg in northbound direction will be required. • Route 50Nictory Road: Signalization will be required. ➢ VDOT/County Requested Scenario #3 (access via Coverstone Drive & Tazewell Drive): a Route 50/Prince Frederick Drive/Custer Avenue: One northbound left -turn lane and northbound re -striping will be required. • Prince Frederick Drive/Costello Drive: Signalization and one northbound left - turn lane will be required. • Route 50/lnverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane, one eastbound right -turn lane, one westbound left -turn lane and 4"' leg in northbound direction will be required. • Route 50/Sulphur Springs Road/Tazewell Drive: One westbound left -turn lane, one southbound left -turn lane as well as one right -turn lane and 4'h leg in northbound direction will be required. • Route 50/Victory Road: Signalization will be required. Table 10 is provided below to summarize the improvements required at each of the study area intersections during 2025 build -out conditions for all three (3) scenarios. A Tralrc Impact Analysis 0 Governors Hill Development Project Number: 4, 2008 PH"A Augustt 14, 2008 Page 56 Table l0 summary of Results Although PHR+A has provided analyses for two (2) VDOT/County requested transportation scenarios, the "Proposed Scenario', which does NOT include access opposite Sulphur Springs Road, is presented as the preferable site -access condition. This is primarily due to the prohibitive costs associated with overcoming the grade and alignment constraints at Sulphur Springs Road. Additionally, the site -driveway depicted for the "Proposed Scenario" opposite Inverlee Way would adequately serve as a surrogate for the connection opposite Sulphur Springs Road in providing a southern connection from Route 50 to Route 522. In fact, the Inverlee Way connection was the initial concept for the project in Year 2005, which at the time was fully supported by VDOT/County, however, the land necessary to make the connection was not yet available to the Applicant. Consequently, the connection opposite Sulphur Springs was contemplated (and added to the Comprehensive Plan) in -lieu of the Inverlee Way connection. The Applicant has now acquired the land needed to make the Inverlee Way connection and wishes to proceed with the proj ect as it was originally envisioned by the Applicant, VDOT and the County. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. NOTE: Funding source for the improvements have yet to be identified. A Traffic Impact Analysis of Governors Hill Develoolent Project Number: 13415-1-3 RA August 14, 2008 PH Page 57 vuhu rovenaenls required to maintain overall LOS "D" or better �: v'Pesed Sccnarlo" - Scenario 91 I'VDOT/County Re Resled'r Scenario N2 "VDOT/Counf Re nested" Scenarlo #3 No. Intersectlun Direction Easlboond - - t right -Nm lane Route So/Princc Westbound - 1 Nederiek- DAa/Cwler Aveno Nonhbomid - I lea -tum lana. rceviping - 1 Ica -tum lane, re-sulping 1 Ica -tum lane, ro-sui it P 'g Southbound - - Ea,lboand 2 Princc Frederick W.(bound - Signathauon sivdimlion lane SlSnallzau"n Driv/Cnddlo Ddv ivoslhbound -I 10-t— lane -1lell-lumlano -11eR-tum Southbound - I rigbl-turn lane - I Through lane &right -tum lane Enslbomsd - I lea & righl-lune lane - 1 left -tum & righl-mnr lane 3 R"utc Soflacdcc Way/Covemlone Walbound -Z lea -turn lanes Signelimtion -No lmp:ovcmrms -IIraaum lane -dot lrg Signalizatiun Drive Northbound 411, In Southbound - Easlbaund - -Ilcff-lune&aighl4um lane Roule 5o/Sulphur Walbound - -210-lura I m - I kR-lum We 4 S rin sRoad p g Northbound - -4(h le S -4th leg Southbound -1 left -tum lane - I lett-tum & 1 rigb14nm lane - I Ica -lam & right -tum lane Easlbamid - Route 5&Vk1ory Westbound - SignaliNlion Signaliaalion SignafiMion 5 Roed Northbound - Southbound - lhubound ti Rouse 522/Costello Walb"und N. lmprovcmmts No lmpmvenrcnts No lrn mvcmcnts P Drive Northbound Southbound Paslbound l Covcrslone \Valbaund -Morin-eelion Signalimlion -NIA -NIA 1)6101 dveuay #1 Nonhbound Southbound Eastbound g Covestorre W.lbound -Nesv ln¢amtion -NIA -NIA Dme/Dri —y#2 NonllbDoaW Southbound 1Valbound 9 Covcrstone Northbound -N—Inlemeclion -NIA -N/A :•ctva Dm•cr^riy #3 Southbound Easlbaund iD ce—Anne Wcslbou.d -Neto tnimeelion Signalimlion -NIA -NIA Drivclle wi Drivc Northbound Southbound Although PHR+A has provided analyses for two (2) VDOT/County requested transportation scenarios, the "Proposed Scenario', which does NOT include access opposite Sulphur Springs Road, is presented as the preferable site -access condition. This is primarily due to the prohibitive costs associated with overcoming the grade and alignment constraints at Sulphur Springs Road. Additionally, the site -driveway depicted for the "Proposed Scenario" opposite Inverlee Way would adequately serve as a surrogate for the connection opposite Sulphur Springs Road in providing a southern connection from Route 50 to Route 522. In fact, the Inverlee Way connection was the initial concept for the project in Year 2005, which at the time was fully supported by VDOT/County, however, the land necessary to make the connection was not yet available to the Applicant. Consequently, the connection opposite Sulphur Springs was contemplated (and added to the Comprehensive Plan) in -lieu of the Inverlee Way connection. The Applicant has now acquired the land needed to make the Inverlee Way connection and wishes to proceed with the proj ect as it was originally envisioned by the Applicant, VDOT and the County. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. NOTE: Funding source for the improvements have yet to be identified. A Traffic Impact Analysis of Governors Hill Develoolent Project Number: 13415-1-3 RA August 14, 2008 PH Page 57 APPENDIX Exhibit A I AN P OL Q Lti 5 z 1' HITTAPERI LT TURN L � j 70II'ThPER 22RTTtI I % f L v Q "`✓isiG�, O� �3 US,ROUTE 50 - INARLEE WAY -SITE DRIVEWAY/cowgSTONE DRIVE h — DFTAIL NAME: DWG, NO. Tr+ V OF EX91BIY DESIGN: CS K DRAWN: CSK CH -KD: RAM H: 1 "-200' V: / "�2Q0� 7�11�08 DATE: +J �xbibit =162M, CE o - 7 w t t �- r ' � `, — ____�____ _ _ ��—'`'�—'may`'_'` •`� OaGa X50 wc a y J c: 01 m O U.S. ROUTE 50 — CUE,R AVE — PRINCE FREDERICK DR_ f O3 U.S. ROUTE 50 — INVERLEE WAY —SITE DRIVEWAY/COVERSTONE DRIVE w Q�N JZ Ltt s s `�Jw✓`c'""mac_ - � I I �.` p�`R S R 'L � � � ix 0 CD ` U.S. ROUTE 50 — SULPHUR SPRING ROAD" ,J OFFSITE IMPROVEMENTS I PHASE 1 N N 'sem } PHASE 2 Qn lO COVERSTONE QR. — COSTELLO DR. — PRINCE FREDERICK DR. _ `x REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed hi— 1 ee Arnotint Paid Zoning Amendment Nfflnbc r Date Rec ch ecf PC Hearing Date _ 1-10s" earim Datf The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. I. Applicants: Name: Careers Valley Development LLC Telephone: (540) 722-9566 c/o Miller and Smith Land Inc. Address: 480 Jubal Early Drive Suite 330 Winchester VA 22611 Name: Governors Hill LLC Telephone: (540) 722-9566 c/o Miller and Smith Land Inc. Address: 480 Jubal Early Drive _Suite 330 Winchester, VA 22611 2. Property Owner (if different than above) 3. Contact person(s) if other than above Name: Patrick R. Sowers Telephone: (540) 667-2139 Patton Harris Rust & Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester Virginia 22601 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Conurner�ts X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of VirlZinia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be re -zoned: Carpers Valley Development, LLC Miller and Smith at Coverstone, LLC 6. A) Current Use of the Property: B) Proposed Use of the Property: Undeveloped/Vacant Mixed Use — Employment/Residential 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Springs Road (Rt. 655) and The Ravens Subdivision. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 64-A-83. 64 -A -83A• 64-A--84--- 64-A-85;64-A-86;64-A-87; 4-A-84;64-A-85.64-A-86.64-A-87; Magisterial: Fire Service: Rescue Service: Shawnee Millwood Millwood Districts High School: Middle School: Elementary School Sherando James Wood Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 39.7 RA R4 238.3 R4 R4 278.0 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home N/A Townhome 128 Non -Residential Lots NA Mobile Home NA Multi -Family 422 Hotel Rooms NA Square Footage of Proposed Uses Office 385,000 Service Station Retail 900,000 Manufacturing Restaurant NA _ Flex - Warehouse Other NA NA N/A N/A 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Date Applicant(s) !� 4 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public rigbt-of way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Winchester Regional Airport 491 Airport Rd Property #: 64-A-79 Winchester, VA 22602 Name: Winchester Regional Airport 491 Airport Rd Property #: 64-A-88 Winchester, VA 22602 Name: Glaize & Bro, LC P.O. Box 2598 Property #: 64 -A -80J Winchester, VA 22604 Name: Blue Ridge Industries P.O. Box 1847 Property#: 64 -A -80Q Winchester, VA 22604 Name: Main of Winchester, LLC 1936 Millwood Pike Property #: 64 -A -80K Winchester, VA 22602 Name: R & G Warehouse, LLC 119 Arbor Ct Property#: 64 -A -80L Winchester, VA 22602 Name: Winchester Industrial Park, LLC 1936 Millwood Pike Property#: 64 -A -81A Winchester, VA 22602 Name: Winchester Industrial Park, LLC 1936 Millwood Pike Property #: 64-A-81 Winchester, VA 22602 Name: Raymond & Tanya Long 718 Chelsea Dr Property #: 64-A-134 Winchester, VA 22601 Name: Raymond & Tanya Long 718 Chelsea Dr Property #: 64-A-133 Winchester, VA 22601 Name: Terry W. & Lois J. Ruffner 112 Sulphur Spring Rd Property#: 64-A-132 Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-124 Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-1 23A Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-123 Winchester, VA 22602 Name: Potomac Edison Company 10435 Downsville Pike Property#: 64-A-1 24A Hagerstown, MD 21740 Name: Trustees of the James Peyton Darlington Trust 1543 Millwood Pike Winchester, VA 22602 Property#: 64-A-122 813 N 18th St Name: Lloyd Fisher c/o Mary E. Washington Harrisburg, PA 17103 Pro ert #: 64-A-116 P.O. Box 888 Name: Raven Wing Homeowners Association Property#: 64G-2-1-52A Winchester, VA 22604 Name: David W. Loy 1441 Millwood Pike Property#: 64A-7-1-15 Winchester, VA 22602 Name: Robert A. Frazier 1427 Millwood Pike Property #: 64A-7-1-14 Winchester, VA 22602 1427 Millwood Pike Name: Robert A. Frazier Property #: 64A-7-1A3 Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property#: 64A-7-1-12A Winchester, VA 22602 1411 Millwood Pike Name: George G. & Kelsa R. Lambert Winchester, VA 22602 Property#: 64A-7-1-11A 1411 Millwood Pike Name: George G. & Kelsa R. Lambert Winchester, VA 22602 Property #: 64A-7-1-10A P.O. Box 888 Name: Raven Wing Homeowners Association Property #: 64G-2-1-63A Winchester, VA 22604 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Clearbrook, VA 22624 Property#: Name: 64A-7-1-8 Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-7 Clearbrook, VA 22624 178 Grand View Ln Name: Judy Belle Cook c/o Judy B. Rodgers Property #: 64A-7-1-6 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Clearbrook, VA 22624 Property #: 64A-7-1-5 100 Stanley Dr Name: Douglas A. Hartley Winchester, VA 22602 Property#: 64A-7-1-4 100 Stanley Dr Name: Douglas A. Hartley Winchester, VA 22602 Property#: Name: 64A-7-1-3 John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-2 Winchester, VA 22603 730 N Hayfield Rd Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis Property #: 64A-7-1-1 Winchester, VA 22603 107 Roszel Rd Name: Helen J. Sempeles Trustee Winchester, VA 22601 Property #: 64A-A-12 355 S Potomac St Name: Winchester Outdoor Ha erstown, MD 21740 Prooertv #: 64A-A-13 6 Name: Marlow Investments, LC 707 N Commerce Ave Property #: 64 -A -89A Front Royal, VA 22630 Name: Fredericktowne Group, LC c/o Richard Dick 1400 Millwood Pike Property #: 64-10-2 Winchester, VA 22602 Name: Karen B. Barrett -Perry, et als P.O. Box 807 Property #: 64-10-3 Stephens City, VA 22655 Name: Prince Frederick Group, LC c/o James L. Mcilvaine, Jr. 6231 Leesburg Pike, Ste 600 Property #: 64 -A -89B Falls Church, VA 22044 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.ns Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Carpers Valley Development, LLC _ (Phone) 540.722.9566 (Address) 480 Jubal Early Dr Suite 330 Winchester Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 070004129, 060003761 and is described as Tax Map Parcel 64-A-84, 64-A-85, 64-A-86, 64-A-87 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates _. , _ . (Phone) 540.667.2139 ddress) 117E Piccadilly Street Suite 200 Winchester Virginia 2_2601 act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ('we) have hereto set my our hand and seal this � day of 00 , Signature(s) /// State of Virginia, City/County of W i AycJJ i:L-S /L To -wit: 1tJ C �,L F4MM EZ. a Notary Public in and for the jurisdiction afo; esaid, certify that the person(s) who signed to the foregoing instrument person -V appeared before me and ii2s acknowledged the same before me in the jurisdiction aforesaid this 3—day of ,pg, 200 EL. ee� My Commission Expires:'e=1- T�tary ublic /ZE9.9 16 q 47q Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Governors Hill LLC (Phone) 540.722.9566 (Address) 480 Tubal Early Dr Suite 330 Winchester Virginia 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 060007880 & 050027203 and is described as Tax Map Parcel 64-A-83 64 -A -83A Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 Nddress) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision X Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness Signature( State of Virginia, gty/County of 1A% i 4! t�'�E2 ,To -wit:_ To h &I I . r��y_s�-- I, Aichnd W- a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this` day ofFy, 2008 _ . My Commission Expires: F-4 61zta9n:v icePIZ ?- ota Public iLeg • V- 1 5'7 c� q 4 It Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Depailment of Planning and Development Use Only Date application received ►� � f A Appliccitlor.. 4 C.o.ruplete Data of accepl:ance _.._,. w..........-_- � .� 111complGte - [fate: of Return 1. Project Title: Governors Hill 2. Owner's Name: Carpers Valley Development, LLC and Governors Hill Development, LLC 480 West Jubal Early Dr, Suite 330 Winchester, VA 22601 3. Applicant: Same as above Address: Phone: 4. Design Company: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: Patrick Sowers Frederick County, Virginia Master Development Plan Application Packalze APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: South and adjacent to Route 50 approximately one mile east of Interstate 81. b. Total Acreage: 278.0 acres 7. Property Information: a) Property Identification Number (PIN): 64-A-83, 83A, 84, 85, 86, 87 b) Current Zoning: R4/RA (Proposed R4) c) Present Use: Vacant d) Proposed Use: Mixed use commercial and residential e) Adjoining Property Information: See Attached f) Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan? Original Amended X I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submiss' o y master development plan application. Signature: Date: PROPOSED WAIVERS: 1- Waiver of Sect'on 144— 4G' The Applicant requests a waiver of Section 144-24C of the Frederick County Subdivision Ordinance to allow commercial lots to be subdivided on private streets. 2. Waiver of Secfon 144-24C2(b)- Proposed Private Street network shall locate lots a maximum of 800 feet from a state maintained road, as measured from the public street along the access route. ROAD NOTES: Location of private streets subject to modifications at the time of final engineering. Coverstone Drive shall be constructed in accordance with Section 15 entitled ima sportation" of the approved proffer Statement on Sheet 4. The following street names have been reserved by the Frederick County Department of GIS: - Pendleton, Swanson, Tozewell, Cobell, Darden, Pollard, Montague, McKinney COMMERCIAL AREA DIMENSIONAL STANDARDS: Maximum Height - 60 feet All other dimensional standards shall be in accordance with 82 (General Business) zoning district regulations. UTILITY NOTES: All Utility locations including storm water ponds are conceptual in nature and are subject to change upon final engineering. Sanitary sewer and water available per FCSA. All utilities will be placed underground. ENVIRONMENTAL FEATURE NOTES: 1. Open Space Summary for Commercial Land Boy: 161.10 Acres Open Space Required (157): 24.17 Acres Minimum Net Useable Open Space (507): 12.09 Acres Open Space location to be finalized at time of Site Plan. 2. Open Space Summary for Residential Land Boy: 116.90 Acres Open Space Required for Residential Area (307): 35.85 Acres Open Space shown on MDP: 35.85 Acres Net Useable Open Space: 27.42 Acres .a AG1NE euTTa Pmpo®d tet nae � to' ------------- n en Ewrg�nSpaced lO ,1pek' PgtReO a EaMherm e' In MetyM. w' RUGINE BDiFER �. N;ffl_ Property lha RIpRt-vl-Way one Note: E..M9alcve m mNar..nmol vegetntiov adjacevt to Rawc 5a may meet requaem ofroad effmiescy buffer winwmadditivmtLwduapivg. Areasabog Route 5D whicht i,. a road ejxie y huftershag he verified oih Plamwr Shffafi_afsubdi w.. Dev'Phu. TYPICAL (REDUCED DISTANCE) ROAD CATEGORY "C" ZONING DISTRICT EFFICIENCY BUFFER BUFFER (FULL SCREEN) Isar 10 sruE Nm m srxe Governors Hill PRELIMINARY MASTER DEVELOPMENT PLAN COUNTY OF FREDERICK, VIRGINIA SHAWNEE MAGISTERIAL DISTRICT MARCH 2008 REVISED DECEMBER 8, 2008 VICINITY MAP 1" = 2000' SHEET INDEX 1. COVER SHEET 2. OVERALL PLAN 3. MASTER DEVELOPMENT PLAN 4. BOUNDARY SURVEY & APPROVED PROFFER STATEMENT Phasing Schedule (Per Proffer 4.1) Year 1-140 building perp its Year 2 -140 budding permits Year3 -140 building permits Year 4 -130 building peradts Note: Any permits not issued for a given year may be carried over to the following year, however the Applicant Shan not make application for more than 200 building permits in any given year. Project Summary Total Gross Commercial Area: 161.1 Acres Total Residential Area: 116.90 Acres Existing Zoning: R4 Proposed Use: Mixed -Use Residential and Commercial No. of Multi -Family Housing Units: 128 No of. Single Family Attached Housing Units (SFA): 422 General Notes 1. Contour Interval shown @ 5'. 2. An Public Roads to be built m V DOT Standards. 3. PIN Numbers: 64-A-83, 64 -A -83A, 64-A-84, 64 -A -85,64 -A -86,64-A-87 Recreational Unit Requirements: Total Units: 550 Rec Units Required (1/30):18.33 Note: Required recreation units shall be constructed or bonded in conjunction with residential development. 3,000 square foot community center, 3,500 square feet of neighborhood swbnming pools, and dog park shall be completed prior to the issuance of the 281st building permit (pmffcr 4.3). LEGEND _..,.....-.11�. PUBLIC VEIRCNLAR � cma/t_anoN =�� PRN -ATE VEHICCUR cmrrn.wrrnN casR voNso{R CBICUL{TION ROw w+u. HEM L{NU tlAY tl[xINUARI' �_ PROPERTY BouNo.Mev APPR.-I LOCwiION "" FeeaeosmrRAn a.�evx i�1RFwre ExlsrmcsraEAat ® EgSlnJG w'E(L{ND y.ayy,; sPAcs 1= OPEN REOOWtFD:11n: P m1 PROP(15En AREA mR RFSIDFNTI.LL DEVELOPMEM srEEPsrnPE _ POSEDRAN. si,wER MAINS Wtm oLE nL� sen w.aTEa mRIE GS.WrrAAT FORCENUM ©S URMWATER MANAGEMENTPoVDS I®t TRAFFIC S[GNAL I Ip, , a-,arre wArcRPLtaP I IL I STATION rR43) Owner and Applicant Owner and Applicant Carpers Valley Development, LLC Governors Hill, LLC 480 Juba[ Early Drive, Suite 300 480 Jubal Early Drive, Suite 300 Winchester, Virginia 22601 Winchester, Virginia 22601 (540(722-9566 (540(722-9566 John T. Conrad Date John T. Conrad Date APPROVAL BLOCK pyT14 Op Obeclar of FbZh9 dvZeappneM Dale V 9 copnryadmiNSRamr naw - MARY T. THOMAS Cert No. 916 F Patton Harris Rust & Associatesrpc 9�dsC4PE ARC�`��G Engineers. Surveyors. Planners. Landscape Architects. P 20a Church Street, S. HRA Leesburg, VA 20175 T 703.777.3616 F 703.777.3725 13415-1-0 Sheet 1 of 4 KEY LOT ER - - �✓ - 11 -- OWN ZONE U: 1 I -_ - T \, - - - �; — - 1 � �\ 7 64A 7 NI HN H & v \ r_�J -" 12 KA S JO CHRISTOPHER BROOKS RP RE - � � 2 84A Y LA - �`\{1 - %%s'%% 7 13 HARTLE DOUGLAS ALLEN RP E ,Yc, R -"3 64A 7 - - - - EY DOUGLAS - - 1 4 HARTL ALLEN RP RE - - - 4 64A 7 Y BELLE / 15 COOK JUDY C/O RODGERS JUDY JU RP RE 64A7 K JUDY BELLE/ 7 8 CCK) GO RODGERS JUDY B RP RE - - __ '- _ _ - _ - _ _ _ 6 ELLE' - - - - - - 84A K JUDY 8 / ER - - - -- - - - 7 1 7 -COO J , C O RODG S JUDY B RP RE _ _ _ __._ ____________ _ __ _ �iE� __ ___ _ _ _ _ _ _ Lam,' �`1-_- 7 64A7 K JUDY BELLE/ R 18 COOK, GO ROOGE S. JUDY RP OI , I {lil _ _� •`_�"�^_�_`=" _' _ - _ __ _ _______ _',-�`'____. „'r _; __., ,,,,,£ 8 64G 2163A RAVENWING HOMEOWNERS ASSOCIATION RP RE ,'„ `�' - _-�-�a; " „�, a _„�,,,� ` _ _ _ t, '� •_ - c t',2� _ ` :`� 9 64A 7110A LAMBERT, GEORGE G & KELSA R RP RE Lij� J r _ - = 1 - __-�__-__�� '�,F,257irrc516NA�-ar:�`-"'r \ �.,� } •�� ..�,s„•� "�'� '' s''; T, '" 10 64A 71 11A LAMBERT GEORGE G & KELSA R RP RE J _ - _ : • J -- `C � 11 64.4 7112A LAMBERT, GEORGE G & KELSA R RP RE _ - - - - -_ - •u• �'" v .i y,-_- _ _ 12 54A 7113 FRAZIER. ROBERT RP RE 13 BERT A - � - - - - 64A 71 FRAZIER RO P __ -- 14 R RE ` •-;gin -- , --- r"t. _ - ,-.�. 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C Mt INC 2t, _ . •�y^'' : #sw .`'t"` `✓�,: •°�' �as i Y - 28 64 A BOL R G R LLC __•, _ - ��' �i �.� .��, T4 Mi INC - �i z s. p� � - .x. Y 1 - 29 64 A I F WINCHES a:' 80K MAIN O TER C _- a LL M1 INC T ,t�� - _ iand y . .9: F 1 k. _ y '4r.. 30 84 A BLUE RIDGE INDUSTRIES "- 80O ES M t INE - 6. Pees k 1 >Y 1 31 84A AMPFIELD LLC. INC 32 64A 8 COUNTY OF FREDERICK 2 CAU ICK R4 ARMC 33 64 A 79 WINCHESTER REGIONAL AIRPORT RA AI PC :t r. _ s spa , c _ _____ _ __ _ __ _ _ _ _ _ ' - 6rt1oN ,, ,,, `_- -___ ,�-_�.,� ��. $ ,€.�-, �,-, . � •';far• ., ;_,-. � .Oa x� '� �/t - 34 64A87A COUNTY OF FREDERICK R4 GO1 _ - yly�� • h�'� � _" ', -- "'\ - 'vy �`.,� "r'. � �G� ,,: � •:•5:-•�„•: y' ; 35 64 A 89 FREDERICKTOWNE GROUP LC GO RICHARD DIELE 82 VA( -- --� - _ - - - n ', , ,_,,',,, ; __ >rvd'•^t .Jj�_• nn• 5" PRINCE FREDERICKTOWNE GROUP LC --- - - - ' ,, ,•' 36 '"-------- _ f - '� ,.„, 3s 64A 898 ' T+�:�k„A•" k". ' %/ C/O JAMES L MCILVAINE JR. 82 GO� 37 64A 88 WINCHESTER REGIONAL AIRPORT RA AIRPC ��-- - _ �; :•I_ .,'^._ ( /_ 3e 84103 KAREN BARRETi PERRY ET ALS B2 VA( - / 1 - �. """""' i =t•� - a�� 1 39 84A A 12 HELEN d SEMPELES RP VAC � .rr.. 40 64A 71 1 JOHN H. KALENIS 8 CHR PHER BROOKS RP VA ,,'- LSTO C X a'°v°sycME a7nectiatiu•' ,�`z_/ , "'°a�E°.-_ � unuua 'dco,•¢:ro3er � ��• \`'c " \ _ __ . comuEacya; ;;';�,. � _ _ - - ,__ - - _ 'IverPm�;9.D,;','-`, `��.� J- O' nsDC' .GcaiER '- - PReIXiTSRE --_' - - SPFEPf 31 - .t �r - - _ - -- _ '33 - - - __ --" - _'•WINCHEMi REGI0kA lftPORT ------ _ 1 t _ `_ ! _ _' __ _____ "__ 1 1/2' SM -9.5A ------------------------- `` ___ _ _' t �— i --___ 4" VOOT TYPE 1, , . - t\ SUBGRADE , ; , COMPACTED - - _ ---------------------- ^_ _ IVASPHALTPEDES - 1 �- I = == - - `J' SCALE TRiAN BiCYCLE TRAiL - - - ---"- I I s -- - �' ATS --- -- - _ - - 600' 300` 1SU 76' 0' 300' 600' 900' rs rs• :v 7 � (E zr �- A ✓:' ro — .,a �- � a �' "mr v.•.r .,..Na.«:,,,. +�y.. e ,/rn• x• "" Ianl C7ra r 1,_ o -IzzA IVH^x , , mxcx ' 'om,n • aR1P NnH 2aaxm[ — Z, „�, Y �iv r.r A -� 1" 16' 2' �- �� • s a -a is wv�avai $ aer°niom,c r wm .a-,e.o \ .� a ,,aaeu7curmrmmmr awm� ore( oea. ��- ecosa,seumsmmew •s,oa=•� ra+mrcu rvmr eu-ssa - r r/e•sw � '/ r aian e.,a a ana r om ra TYPICAL PUBLIC STREET 400-1000 ADT TYPICAL ALLEY TYPICAL PUBLIC STREET 1000-40 9®aa,� TYPICAL PRIVATE STREET COVERSTONE DRIVE SECTION (4 LANA SECTION) 1VIS NTS 20'EASMENT-16'PAVEMENT NTS ADT = 10,400 VDPDesign Speed 4C MPH 1 REVISED PER COUNTY COMMENTS /24/08 JWP PRS HDF�{� Patton Harris Rust & Associates Governors Hill o� cid Engineers. Surveyors. Planners. Landscape Architects. U MANx A. THOMAS v 208 Church Street SE OVERALL PLAN MASTER DEVELOPMENT PLAN r, Cert. No. 916 Leesburg, VA 20175 T 703.777.3616 NO. DESCRIPTION DATE REVS'D REVW'D •YyOSC, g,��4 — �p + REVISION ipEABC / A F703.777.3725 FREDERICK COUNTY, VIRGINIA DESIGN SURVEY TEAM PHR+A DRAWN DATE TEAM MARCH 2008 CHECKED SCALE PRS 1— 300' SHEET FILE NO. 2 of 4 73475-1-0 1 REVISED PER COUNTY COMMENTS 2 REVISED PER COUNTY COMMENTS io/3r/oa cqs rns o�ag OF pi�,C Patton Harris Rust & Associates Governors Hill iy Engineers. Surveyors. Planners. Landscape Architects. PARR w. Ta011AS 208 Church Street SE MASTER PLAN MASTER DEVELOPMENT PLAN Cert. No. 916+ Leesburg, VA 20175 T 703.777.3616 NO. DESCRIPTION DATE REVS'D REVW'D �s'C 0�� F 703.777.3725 REVISION SPE ARC. FREDERICK COUNTY, VIRGINIA . DESIGN SURVEY TEAM PHR+A DRAWN DATE TEAM MARCH 2008 CHECKE] SCALE PRS 1" = 200' SHEET FILE N0. ' 3 OF 4 13415-1-0 HOFp7�c Patton Harris Rust & Associates Governor �i�ii Engineers. Surveyors. Planners. Landscape Architects. v MARK W. THOMAS 208 Church Street SE BOUNDARY SURVEY &APPROVED MASTER DEVELOPMENT PLAN Cert. No. 916 +. PROFFER STATEMENT � � Leesburg, VA 20175 pq T 703.777.36 16 REVISION N0. DESCRIPTION DATE REVS'D REVW'D e Dycq PE A4C0lrS F 703.777.3725 FREDERICK COUNTY, VIRGINIA i DESIGN SURVEY TEAM PHR+A DRAWN DATE 5.2 All sig -age within fin Property shall be in subsmwic] tunh miry with a 14.3 The App i- sbaH mmdt with the Excc°tiw D'i for of fe Abp - TEAM ESCALATOR CLAUSE MARCH 2008 PROFFER STATEMENT cu idnhenivd sic,In fat medN the I-II enm .f the Zaning gP widd respcn n the a rdaz d avigati.n eazeme- provide Phase H: Phase R imp-nuu s shall could[ of imprnvemrnls at fe 1/. PRS 11"= 400' R4 R4 Rdinmm far sigmge, which abaH be submitted in cjuwtlo- with the fin Aiof im fwfa prot«(im fur AiWat opemtiom, rid •a,n dedieam ouch iddi into. of MsHwod Pikd/dfi Freddek Drive and DrivJCoskgo 171 lu the even[ my nwe Nbuti.va set forth in the PmOcr Statement 4 OF 4 ,T341�s-1-0+ t REZONING: RZ N_: mdRA m Scut final dim or subdivisim Plm frnc� P .perry. a ccu, n the Airport wd the Applicant shall nutuvlly agree. The Princd Frcddlick Drive. Pham B uuprovanwts F d wineidmb Coversrove Drive are Par d m Da F-cink Cowry R.ad Cowry Supcdi t CS -cid') PROPERTY: 6. PEDESfR3AN TRAII-SYSTEM ANDRECREAITONAREAS APPEcndsh:dlPmtdden.ise atkvunti.n lreaimmtfir aR residemal wits, shall be c°mplceed with Ps, e 2 mnmm5ov pe Aofier 15.2. within 30momhsIf Ocl.b, 2005,a+apccdlud by the T. Mul,&P-: Tu Map ffi Parcels 64-A$3, SIA, 84, 85, 86, and 87 (the ccccctt. mid lcdlbciIffic sen i Any mmnmy shall ba , the amorous 'Pmlxdy) 61 The Applicant shag dcigs ad build a public pdcstrin-bicycle buil 15. TRANSPORTATION: Pb" C: Phase C improvements ahul convrt of impmvemrnis at the li=p mvtri6ution set fall in the ProQ Stuemmtwhichare paid to III, Dowd hili-dd l I sydem to Virginia Ddpmtnmf of Trn,pidafien dndmds flat links 15.1 The j., roadways m be countunacd wfe Property shill be wn.strutted id-cctio°af IAiR-.d PdcJSulphw Spring Road. PbsseC nftdr 30 mvafs foLLowing 0emba 12, 2005 dual be infindrd i° RECORD OWNER: Cn ld" Valley Devclopmeni, LI.0 rid Gavavurs Hill ceaidevtial and commercial areas wifiv the devefpmwt Said buil, clu l in the location depicted on the MDP, with reasonable adjusmmts inprovemmts shall fie completed wi°cidcut with Phase 3 amcid-c with flu, Urbm C -I, Price lndw ("CPI -U') PubHtbdd by core LCC beintbcI u dugmdcHydVi.(uIon Dm MDP. Tate edm[fatmuh p�itud f Seal mgineming Cov"rstine Dmewnmucd.. Pmffa15.2. Per' Ne Gond States➢Warimmt of Labor, ,uchfduthe mntnbunovs fry in the CPI -U APPLICANT: Capers Valley Develnpmm4 LLC and Govemou Fill bails arc nm depicted on the MDP a the time of Fivil Rezoning, such uags shall be bed with or laked ti the iet-d ,trw4 and sidewvik 15.2 Excludieg 20,000 square fret of office utIt whiub may be developed at 15.12 The Applican slat make good fait cBoda to obtain my ofi 'u 6,ht.f ad paid, shell ba dj skd by the pacmmge ehm8d from fat date 30 moans aftd Octuba 12, 2005 m Inc most c«m0y LLC SM I & Sidewalks shall be wntructd leets w public sm VDOT try time filizwg access m Incthe exidiv6 completed portion of c-nudd c te y proffad off-site transp°dotivn way °ceded m wmplcn nvvlablc CPf-V m the date the tun it a inns are paid subj«t m a cap °f dncdssd and a minium° If f°m-foot adewalks shat be wosbucted on Drive, thc AWHIcut ,lull dedpp and can idnt C°versm°e Drive as a M impr-ccic. I. the event fat the Applimw N out abIcm obLtin the SY p« yearn°n-campawded PROJECT NAME: Cn-rola privatesbeels All c.mbiud pcdcsln is ddig but shdl be 10 feet s«tim with mild mddiaas In I ivi.. 90' rightof--way, utilizing the debtofwuy undfuifa,feC.nry and/or Slue orVid un, dont obtain SIGNATURES APPEAR ON TFIEFOLLOWING PAGES ORIGINAL DATE wide, wd.bag have m azpbui-dIcc following phasing schedule: , Icut- shall of -y' inencu of wnsbucting fe road mtprovdmmt thcppIi.-••t provi ovnary -.1din but to Fccdalck County OP PROFFERS: Mach 24, 21108 T FIRE &RESCUE: PHASE l: Phase 1 Anil ami, of the 5d term Iavc section including a fat n cquivaicm m fc ddinclud wnatrucfiw °ort of fl-, mad REVISION DATE: SWtemba 2,2008; Ocraber3l, 2008; D«®ba 8, 2008 7.1 The AMR -seal sonufine b° the Board the sen of $422I, dwelling fen-fot trail fion Millwood Pike m fe fir, infine w C -b ne Dn,, as dqu;III on the h P fiom Point A W inprovenenm fun wind nob be implemented The umeury co.hibunnn shalt wiacide with the ciuccunmiu arm threshold tbaz WSSers fc otisile wit for fire and d"swe pc p tc, payable upon the iaunm df a building P. B. Said roadway ,lull be ccitudi t"d to b1c asphalt road impmvcmat as idninfid kProlicr 15.11. The undt.Id dI comers hertby unfli Dud the cc and developmml of fc pamif fcnhdwdingmdG prior m issuame of a certificaze of a«uPny fd my subject pmpcny CTcopdy), In dewbd above, shall be in ravfv®ace with the Propmty prior di unce mm -W buildfg fur the >� 15.13 Any future bwsp°dmlivv analyse which may fie requ'ued f the tenet" f Lwin dilon hick shall m et«de aU °ter Has fat ma bane been made g dnn 4 w P Pt^ Y in ].2 Foliowin Finnl Rwonin the made HOA t. bis head in eccardaace B & g of a building pewit fm try residentiil wits, mclufng modelfc Propedry, ,ball vtit¢e Cade 320 pa the LTE Tdin Gmuaeov Prior baeto. In fc event tlt,thd above rtf cdrezonivg ort 8rntd az applid f by the Applicant fess ba dccu d be herewith shag cont bine amually, o° or before July I° of doth yc , home , Ivwtd w Land By 1. Phase l i qdn, mets shall Mmua17' Fov fur aryc°mmacial use oferUwn ofticd usc. ("APplira n, prof ,ball wifdrnvn and shat ndI and void Funtha, fee ere -tri upon Load rezoning of the Property sun of $100 pa tcutni ted ntidatia wit. and SIM per 1000 square CO osis[ of all naessary ingndc-cuts, including 31�az°O° proff gut vnth'TLil Rezoning^defined azthu �onkg DutLf eff tun fa day upmwhich the fml of wnmuctd worm W (not including Ind, land m public ne), iso 'ce wlmwaceantcd by VDOT, m mate a furwayi°tasation at 16. CULTURALRESOURCES INVESTIGATION AND PRESERVATION Frddek CaunryBoad o[CowrySupavisors(th<"Board')grmts the rcz®ng. fc fire ud fedora w Sun saw m fe mP.. H°N cil property. Smh fie by the goners due cistin uctim afbdcl«Waynd Millwood Piken 16.1 The Applenv[ sha0 conduct oc cause In be corwwmd a Phar" I emMbulian shall Intim manimrd and mtbtced math BOA cul the Bou. ma lin f amu y require an arc un g o payments shown on Du h P. Arohamf cal lie- off" Pro m the al of fc gi gatrm pcdy, Prior aha The bmdivga of the proB sed forth below Save been Prepared fi wavenienm refet. only and shat not "'trot n affect We mwiing .r be taken az n u such time and upm swh mvdieovs as it may d"t®ivc nc«smrY. PHASE 2: Phase 2 shad comid of,nP,tdcctb. of a two lane smtion of firs fund site or fuI the PmP rid shall wmplac interprcUtiin ofwy provision offe proff The imP--pIfferd bravo ,ball Said mvncaary cwuibv¢on shall eeaze at such Ilene Dud the 5u and rescue Covmmoc Drive from Pnim B m Point C az d dwthe 1-ciivi.9onplav IHiunI.Ind famfaz any be derninswtd t. he PhaseII b, be'dnddd d fe Bore of den 1u -cut If Diaz path.. of the Pmpedy djmmd f or wmpmy providing fir, reap.., 'cm- 1a no Ianga o volunua MDP. Said roadway improvements ahcH be uvmpind P'n bo necessary by the Phase Ismdy. by spa imlufng the improvcueat m eta proff,d mquiccnmt tfti othemn, i5d operation err should fe Cowry adopt n f« far service piw to Provide Sre c .f v certifivue of ow tar try ne tot ufe Ind m ce shall include within its mminng all bud, The few and vacua mice. muse Piccdyldnig m ex¢d 400,W0 squat [ n f nni 4 ct If . in tnti. fire awnhs, piduc, and n«esmrs in l pine,. When usd m tae pmffas, f ,cu, "Mosier DevNo plan" shall t° the plan end, Devclipmmt Plaq 8. SLTiOOIS: c.mmeroiu building area H by Patin Ftarria Aust & Asmtia[ey (the'mmP'7 dud Mamh Govami5 frill" Pitpar (11n,a id,u PHASE 3: Phase 3 shag coaud o[ If thc r®ai-ivg Iwo Inc 2008 revisd➢«mf«8, 2008. 9 8.1 The AppScnl shall wnlribuk to the Hood the arm of $l,]I4 pa dwdiing volt in, duwtionl P"Wo Payabl" upon the issuwcc of a Dmtructioa d1i. of G.vadone Drive Som y -Pubi, B m Point di n d f< Said rodway impravemems shell be 1. LAND USE bt^ dd=g permit f earl dwellivguvit. .lidi. Pico i ompletd prim m is c of a cdrefiwte of «cupamy for 1.1 Tin, Proj«d shall be duu,nd in establish in mind -sore 9. PARYS&OPEI4SPACE: truse dict at wor..ld cthe Propm hty excel 90,000 -binutiil and w-NI/cmploymm[ Law Bays in gcnul squarcfxt ofmnwdreiatbuildigarm cvnfic- with the MDP, and W is specifically set faith in these 9:1 The Applicant shall 11 -bun, m the Boad hn uw of 5343 pa dwelling PHASE 4: The Applicant dtdl dcsiPp Covnrdm. Drive Eaeuded a a prombj_ In mi-mmodidcati°ns at -c mr}• '. final ff engin«ring including but and limitd m fkrsection aligument unit for rcacati°nal pu,p ,, tyni b, aper° fin,i- °f n building permit for emb dwelling uilG for -lura ,cellon Gam Prince Fredeuck m Refcatd Ruufc522 as dcpic[d from Point D W Point B or far a maxinmn di - .f 800 feed when the align -m[ of Relocated 522 hen been 10. LIBR4RIES: 12 All develWmew, including street lords tiding, sbd be-di,lici d in "Deiep dIbuci d by VDOT, rid fe tight ofway fr tbJ segment oC g Ilw.f.- nit the and Dcclopmcw SuId nds for 10.1 TTe Applw°t shat c°°brbum m fc Board fu sum of $]9 pa dwelling C- Div. but been mgnired by VDOT ac Frederick Governors Hill, ";-A by PI@&A attachd hhety ud mcorporukd hcrcin by icLuc-(the"Design and Dcvcl.pmm[ Standards^). unit for hoary pd P Payable upw the issuncc If, building Permit frisch lunching unit Cowdy. f the event that the aliimmt forecic a Rmtc522 hat runt been detewind.r dffe tight fway In, C.verdone 1.3 R"sidrntintnc shill be,unh bind in th- idundfid az Lund Bey 2 w the MDP. YuMamare, Land HaY2 shall be restrind m fou nus 11. ADMINISTRATION BUILDING: ➢rive Exkdd is not scddd1 by ]we 30, 2018 thud fc Applicnt shall ort be -,,mill, f the design o17Cova c Q S pe®tind in the G --I Buamets (B-2) am i g ducn,t n sp,cifid in 1 Ll The AppScant shill mvfbute m the Bound the sum of $79 pa dweHin g Drive Extended. 'rhe APPliwvt,ball ffa PaYm the Cowry .IErdakk C.Code ArBcle X 4165-828(1). f a build' t far rich dwelliv unit upon imuame o ung pawl g unit m be usd 51.000 fr each pecmind residential wit az a mnbibr t.c [A R=cid az modilid hued. areas If In idcubial devclupmmt w the fc.rutruc5on of. general gavennental abcbddddi- building to ad fe rune construction of C.ver,om Rive Extoldcd, bun ifthewiftion above lave not In -met by June 30,2018 S paty shun be umitd m ford Bay 1 wd uhill be develupcd in 12 CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: fen the 5mdt may be ¢sd for oft, projects in fe licitly . .,_I of ewif the nguLfi- fthn Reddmtlal Phoned Co®entry ("R4') zoning district including pawnift, a housing types sn frith in ofth.Property. Dutb.-ubwaluni-thu Property. Snub fads shall be paid at the (zine of huildmg pini[ isaunee for bop ,�f, '0"' 'L " e3a• 'IPE f" Frtdaick County Cede Adick VIL §365-67 tluvugh §165-T2, m 12.1 TLe borowwvers amocietiov f h creutd in accordance herewith shat be etxud covknpuncuundy wif the Sat &.1 ,ik nr subdivision id d re,dmeal wits. fund of the 6 hj 0{ { 'f{ T' 6 A ��} �.y 7+ q9- 'cy j8� nam -ref mad m Aiu.In VL §165-58, trough §165-66. UnittyP"s and tat I y uts within dcidenDil Laud Hays may comprise mY If h. pewitted wit types c ser frth m the Dcigo und Dmelopmmt pin svbmiid tacfe Pmpary. 15.3 N-Adutwding my thh pmvisivns of fee pmBvs, the AWlicaw shall Gam Millwood Pike ry� A lit" 6 + •i •,J ,i'14 3 $, Srwdads, III authorized foe the R4 dimia, ndth-Puff . 121 Th" Appliemt shall e4bush a Mader Propvty Owwm' Association (ha"inafta'Tdastcr POA') fm Govermm Hill, m its mfcty,fun,lilt among fid.P. have bilily fur e° n¢vd Covaaavc ➢rivcaz atWlf -Imes«Bon to Priwe F+derick Ddvc prism Nov®ba I, 2015. /� /y yA//yb {�3- O M1•( ,� 509111[?vE 823-µ• 552'n]•yt -'"L'+ .�1' � 1.5 Resdwdil dcadopment on the Property shall not cxcxA 550 dweling unitR wif a rwx of hon. t;P Permittd iv the R4 district Multi- f d"fi°d 6 the Desi d Devela Srwd other repo- aemning-Plima;e wif design gfdel',,.r rid stmdvde, agwge mgdremmm, Indmape chance wd similar malas An Innnn. 15.4 Tbc Applicnf shall design and mrdswst T.II Rod as shown on the MDP az a minimum two Iwc roadway within a variable width right of /tC Sia 1N2g-4T'24+E �. 4, � ['1 y units n y gn m pmm[ adq shalt 50% o(the Inml of dwellhil devempd the It. or y pmpedy ow°eri n head [ wmmaciaf or ivdividuailY,ball 0t a mnximum d h f ora df of 60' m de «usd m�. way ori g t o y ori provi \ Y «ted number uvitt n p tat No cesidmBal shnamea - be closer then 2000 feet from fe assim ceudmtiil unc act as a mbsa offe Matta POA redmtint nm within Ladd Bay 1 and afa vommeroial alcor of Laud 13Y2. SAd6D'nghtof waywidfsbillberegmel Tun Uk,ad 1� III / $ �{Sq;. � �2'DT3?'E I \ 44i.BE ccntau-coffc evstivg Which-Aup.dcunway. 123 The tlezclopmmtsball be between Covemmne Orive and the Awory aft=,. The right of way 1!. - 1.6 Covuvereial development vv the Pmpedy shall ort excel a total bading 12- mea of 1,285,000 aq. l t wifod completion of rcidmfial pili ofthc made nbjcct m om m mole W--' nucian I(,) (6aeimfta "HOA') fat shall be nspuv Lle for the -w .p. undid ce and repair offe c.mmunity rid mad width shall deaeass fur fc raining nuticn if T-111 Rod. Said roadway shell be w-sGvcid in phaus az nedd fm floe °dditmal traffic smdim. The unci p®ittd mmmcmid building Rmc may inuruasePmvidd fatthe Appticwbc.mpleks arevisd tralSc urnkr, walking toils, swimming Pools, all worm°¢ arc-. including my subdivisfv plan. Fudinni fie, no -Indic of occupancy lb, my rcidentiiddwefng that in saved by Tazewell Road, excluding mdci m JQ e V impaG avalyau xfiieb identi5m fd ®poem of [dips for wmmaciai caruma[ion aicaz fat may be cublishd in accodavice haevdf ort dedicated ti the Cowry or °fes, and uowwata mawg®ren 6666es borne, "I be issud until such tine fat occas m Laud 01 1 Som+1L. \ 't deveiapnenb in excess of 45,815 Average Dvly hips (ADT) and ndfigafiii frsud impazm is dcddd by the Appgcan in a form fa is nor ddiw[dm blit usr, fare^heau orb'«b tofeu pis I jmisdic6aq end shall be such ora a nntibili ics duties, and "fl -d Pike is provided via C.vad onvc and Tnaewell Road fid- � i f3 /51{01' '..3 c able m the Caw d VDOT. az W rya provided powers as ere mmmary f such nsaciaz(on m az may W iwgdbn4 for mch HOA ham¢. 15 5 The Applamm shall pay m the Cowry the anotia of $]S,OOD fur Agdimti.. of the intemmnon of Millwod Mc (IIS Rnwe 50) and iI ¢�\ 61 V O- 1113ri I 2. CONSfRUCf[ON GFAl1N1FIED DEYELOPMENf Vicmry Rod(Rnuk728). Suchf ds,ball be Paid within ®try (6%daya o- fid- .- i80. 2.t The Propertyshallbe plicfpcd alone sin Inrid uhdiud lb thmmt m mord wif apPSmbl" oNinaacm rid rcgulatinm far the R4 12.4 In addiean m such ora duties rid bilBa az ma b" asci cd, n mspmsi Y @ AOA ,ball cave cOc to and rwpunibililY far (i) all wmm.n cpm spade ddicatd m buff offe issuedc< of fe fu rdsidmBal building pumit in Laid Bay 1. In fc event that this sigml tat vi. hem warranted by VDO'C by Jwe 3, 2018, acid mon<mry wntributioo may also in uvd for other pmj«m 1s A$ tp dd s -,•t_ S- T t}8'E '• 2 dd rdng fslric4 the MDP n approvd by the Boad and this Pd ffh SLtement. aeaz ort ofmvise public doe, (R) common arab lorded outside oftesideotiu Lok; (u) streeLt saving the e®dmL within fa vicinity of the Ympetty fat have a mnovil van m the pdvam who tie members of such assn tdd; (iv) I.- wbd weer- disposal rid-3,c5ng pmgramt, including curbdde pick -W df refuse by apii-ic nAuc collection wap rid (v) resp. biliry for fe peryemil °ante of wy .meet, perimeter, or mad buffer meaz, ell of which bulla -stall be lowbd wiDdn c -cuts m be granted m the HOA if PmPedy. I I \ \ Q\�{{6• 3. dI ffiI 3. ACCESSTOARORYPARCEL M 3.1 The Applitcu shin design a1d Ind- a Iwo Iwe public rodway, 15.6 The ApplicIcu shall pay m Du: Cowry rhe amount of 5150,000 fur sigvalizatiov of the intern«eon of Castello Rive rid Prinm Fuderick Drive. Such fulls shall bepaidwithin sixty (60) days otY«ieving wnitm idmBfid on the FIDP az Punct -Drive, tom Arbor On. f tin e of th" Aumvry Site (TM 6AA$2) m wield& wif the pland within-sidmnil or other lots, or °fawis" Si- m the HOA by appr.Priauc indrumenb. III- from the County Ind d VDOT n0azccOuic, of Pbasc 2 Cove tone Drive Lnprovemevtt ph Prat 15.2 inn fin, Safe fglmay compktioa .f 0m Ann,,y At mnb time that Tazewell Road is system. the event tlut Dsis rieoil bas hot been wauwed by VDOT by - postessc 12.5 The HOA shat be so c ublshd fat it aR °aces dory poem to$ tc,l cdjazcut W Pcndlaon Drive n dulkad .d the MDP, the u hall mlmd Pmdinfa Rive mcva I with Tazewell Road, APPH.1 Junc 30%013, said monetary In-butim may elw fie used Cor ata the vicinity ofOu Property ibat beveautianilmxntofe O rcvu ams t W rid c fee u°d docs n nuffddit s path the icp.nibihtic amiSnd m it hereunder und under the Declmafio° m be pmjecL xnfin P Pffly 6. PHASING OF RESmENT1A1 DE4TiiAPh1FNT 4.1 Building pewim fm Lund Bay I of lin Psvpaty shall be ws .0 on the f ].'A.gphazing sebdde: dec.dd creating such Aas-c.4- f nddifi.n, upon try rivvcy e of rcsidentiil unit from the budder fa«f m a In- purdusa, that,bnll tic a &e paid to the HOA inm amiuw equal m Dude fin. fe then- aunit,.93 cmieu mtuhlyccidcu due Vpluable m f" cuuvcyd. 15.7 Acres t° Millwood Pac shall b" Budd m Covh m Drive ad shown .o the MDP wif fc nd,,tic. If fc pd- ddveway cuaenDy,avin3 TM 64-A-8333. The Ah- shall .lost raid dnvavay mm access Is puvidd in TM 6 A-838 via f. incmul rcddwtiil meal network = y H {S N Year 1 (ldinths t-12): 149 building permits Yui 2 (Monts 13-24): 140 building Purmitt 12.6 Any wr�hcid pose.° iC the dcvcicpme°t (wif the u tion of my App bunt dryiad on the MDP. Additiavaliy, the h shill close the existing e1 N f111 538T8'LTE CCA.^,d' 6 / Yea 3 (Mavtbs 25-36): 140 bvildingpermitt property owned or leased by the Uvikd Sate, or Fredrick C.w[y) shill uvssmer p-A.nly usd fm acted m the golf course uamundna wid, Phaze limprovcmmm azprovidd by Puffer 151. /faJ' tri as i Ymr4(Mv.fs37d8): I30building Permits b< mdc subj«I m one or m a .m pcaperty .overs' u tall° (s) (6ereinafldr'POA').Su"bPOA(s)shaH b<resp.niblef Du owvhs6iy, 4G 0 Hg',3ryyy;'yj b� w d f all .moron seas indudiv mainbmm m rryav ° g way wnavaiav 15.8 All public tight-of-wa}w shall he dedicated m Frederick Cmmty az punt oC tIO2-22' 'rb " \ �r The about idene5d hasin hddc is taken from the Dak o[ F al P 6 m Rvnnivg Any building '..,..4 °cam fN may be eublishcd in accordnw hacwibh orb ddimbd m Dor fd mbfvisiov apProvil process, eonildtevtlY wif appBcable Y-ginia �'Nh�T• lid •2TJ3'�-», b� ,,, .TB.y_ N]4'•µ'2 n Go / J3R4,g f1'w (DFA). pcwim ortwithin soy given Y"ar may be cuttid °ver m the fllowingycar, bc-c, the Applicant shall not make appliwfiw for more for 200 rcsidmea balding phmim in try County or others, rid dnwwilh r w . puent (alalic (undo comm® (open space) ownership) ml dedicatd m public ne Cor each area mbj«t ]aw. 15.9 All abrader and mvdt shell fie designd in accordance wif the H0.00' P 1755'E53,T'yy N ®nun Year m their jundi-, and shall be dI ddd mch ora rema-sibineet, public Vu®wa Dc ddununt of Trunpormti.v specification, subj«t W review Tju 84.44' n4e37.4 47�-.jam t+t duties, and powers az are customary fol such azmciation oc as may be nd approvnl by Frederick Cowry wad VDOT. Lv"c1 T33AJ J 3T 891J, 4.2 C-cbd and cd,,4 tnc1 maybe wvumnd a try time. rcquird for mch POA herein. JBSiT"W 9Uss 43 Idro-nut including a 3,000 squaw fent mundua ry ccuta, 3,500 P 12.7 In addition m such other dunes and resp.- bildut c may be nuignd a 15,10 -1 Vu sbeem and coed ,bill be cd d.. td in mmda¢ce wif the tVvgiie DWalhnmt.fIr gaclti°nawctuuL sbavdads, andfro of neighborhood swiwnivg pools, rid a dg Pak ,hail be POA shall have BIk m rid repenfgity for (i) allwmmaIopenspecmaybe of"swise defmkd to Public ne, (u) c®mon buffs wen modifid by the C°uvty, and eb, t ticowmd nd uninni, d by theort b b d the but thaefr shall be dedicated -pi. c.mpk of the Z -d cumide of mmmercul tom; (u] usomibiliry fr fe unpc u d y meovshueudinc°junctionwnhinlralBayIachomwwnm m property ovmas azaacivtion served stream oc mads N'8'•�'4l^ _ unprovernmts m the honwwveu asmciaaoa Tbc l -inn thereof shill muvtwnue of try stiect, phinctdi, or mad buffh amt, all of which P3t.82' be d d .v final mhdivision Ln for such Ieidendil devek amt epk< p p These _ducinwl anenitic, shall sore m meet fe rtqui-- of I bufih Oren sh H be located within tuna m be gunrd m the POA J plidId orifi° c.mnemial or other but, a pouch, at oth,mu. g nutd t° 15.11 The deli foffsild and im m shall be in cul -infic aace goo Provemev Bev with the piun cuidul "Govctwrs Hit Road Ingwvnmenm^ Sheets L-2, a cep demenbc. unit in,30 dwellin^ .Thee' 3 unpmvemmm shall be compkld the POAby ap;n pdiae inPddccd. prepard by Peaon Hmiis Rust all AssocLlea, datd Ocbaba 30, 2008. prior in the issuuceif lbe 281,rcstdmtiil building pewit. 13. WATER SEWER: Excluding 200,000 square fen of olfim vsm whicM1 may be d"vclvpd u In,cmc utilzmg azcess m the existing -Pled portion of C.versmnd _ l2pl'� 5. ARCHITECTURE. SIGNAOR AND LAN3JSCAPING: 13.1 Tae Appecam shall be Impomble fur cow«ting f" Pi.," in public Ihive, oli silo improvemcvbs shag be canimcid in three phases ss 5.1 All bdldings an the Property shall be caastructd using compatibl" water add sewn. It shall fimhec be II cctble fid wn,ncbing al depicdd onfeafaranmeoned plays asfollows: uuhitecturel s In. Th< licit shall --duh o ry App ne or marc fmilitles required formchwm«tion athe Property boundary. All water Phnc A: Pham A improvrmmm shill c=i,t of improv®crds a f. Archimevval Review Bonds Dwugh fe iN i d Homwwver all and mwec inhubucbme shat be ci ,tri m ..-c wif thc it - m of MU -d P9.1-inkc Way/Coverstom on. Pc°Pedy Owah Associati°az W be anld m e,R,c wd admi¢in,, a ieq aurin m ofth, Fudaiek Cowry Savibbind Autinfly, sn f shall be wnpkted wncidedt with Phase 1 Cwerstwa utu6d devclopmevt Ptn in gmeul c°vfitmity with the Design und14. D-1cpmmt Sbndards. ENVIRONMENT: Drive constructim pa Pnlia 151. 14.1 Smww,er mmag®mI wd Best Mamgcmmt Pdncd t (BMP) for the Pmpary shag be provided in -dl-c with Inc Virginia Smwwna Note: Mnagemmf Regulations, FiatE 1999, Chapter 2, Table 2-3. 14.2 The Atilt cent,ball provide cant, in III ndm Ilumnrc, in wye 0, The Boundary Information shown on this page is for informational purposes only. unu5fion std -1kuin fur nY homwwncrs' or properly owners' -intim,,oMu A=..y.ftbc Wuvdmsder Regional Airport HOFp7�c Patton Harris Rust & Associates Governor �i�ii Engineers. Surveyors. Planners. Landscape Architects. v MARK W. THOMAS 208 Church Street SE BOUNDARY SURVEY &APPROVED MASTER DEVELOPMENT PLAN Cert. No. 916 +. PROFFER STATEMENT � � Leesburg, VA 20175 pq T 703.777.36 16 REVISION N0. DESCRIPTION DATE REVS'D REVW'D e Dycq PE A4C0lrS F 703.777.3725 FREDERICK COUNTY, VIRGINIA i DESIGN SURVEY TEAM PHR+A DRAWN DATE TEAM MARCH 2008 CHECKS; SCALE PRS 11"= 400' SHEET FILE NO. ; 4 OF 4 ,T341�s-1-0+ t U.S. ROUTE 50 - CUSTER AVE - PRINCE FREDERICK DR. COVERSTONE DR. - COSTELLO DR. - PRINCE FREDERICK DR. U.S. ROUTE 50 - INVERLEE WAY - SITE DRIVEWAY/COVERSTONE DRIVE �� SQR\�G R � U.S. ROUTE 50 - SULPHUR SPRING ROAD OFFSITE IMPROVEMENTS ® PHASE A fes► PHASE B GRAPH/CSC,4LE Ir50 0 loo �2l i Z� (#VPHASE ixh _ 100,t. C V Z 0 LU Ixz 00 C3 O ZN N W >9 N O Z s�� K C7 w N O aQ v s o ou) z ¢U U in o COUNTS' of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator-�' RE: Waiver Request — James and Linda Michael DATE: December 17, 2008 The Frederick County Code Chapter 144 requires that any new parcels that are created must meet the requirements of Chapter 165 Zoning of the County of Frederick Code. The applicant is seeking an exception from the lot requirements of Section 144-31(C) (3) of the County of Frederick Code (Subdivision), to enable division of a parcel of land into two (2) parcels on a right-of-way less than 50 feet. The property is located approximately 2,901 feet east of Cedar Creek Grade (Route 622) on Fawcett Run Lane in the Back Creek Magisterial District, and is identified by Property Identification Number 72 -A -29G. The requested waiver would only apply to the creation of the two lots as depicted on the attached plat from Christopher Furstenau, dated January 29, 2008. Lot 1 is the resulting parent tract and lot 3 is the new lot. This proposed driveway access right-of-way is illustrated on Exhibit A. Mrs. Michael has stated the reason for the waiver request is to provide relief from a 50 foot right-of- way; the parent parcel is currently served by a 30 foot right-of-way. The applicant is seeking a waiver from the minimum width requirement for a shared private driveway. The minimum right-of- way width for a shared private driveway shall be 50 feet. Included in the agenda are letters from the property owners adjoining the proposed driveway access, who declined to grant this easement. A recommendation from the Planning Commission to the Board of Supervisors is requested. MRC/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 tY ames h da lV iY is)lt Ft �4�GK' c°�2 Javier Request a PIN: 72 - A - 29G Y N 0 75 150 300 Feet w e I Future Rt37 Bypass ZoningCase Planner: Mark M2 (Industrial, General District) :3 Wavier_ Linda_James_Micheal BI (Business, Neighborhood District) 4w MHI (Mobile Home Community District) � Buildings B2 (Business, General Distrist) 40 MS (Medical Support District) oUrban Development Area 40 B3 (Business, Industrial Transition District R4 (Residential Planned Community District) SWSA 4W EM (Extractive Manufacturing District) R5 (Residential Recreational Community District) 40 HE (Higher Education District)J j RA (Rural Area District) MI (Industrial, Light District) RP (Residential Performance District) iF., D.08. ,311P:1 t / 1. Applicant: COUNTY of FREDERICK .n Department of Planning and Development 107 North Kent Street 0 Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 VIVAIVER/EXCEPTIONS REQUEST APPLICATION Name:�,A14ktS r g 1 nelo. A - Calz6 fiephone: Address: alai ui ,-F-JZtA-VJ LO Y113,_ va 2. Property owner (if different than above): Name: Address: Am 6 A s 3. Contact person (if other than above): Telephone: Name: Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): fo0'd w � "S loco-�l 240 �. a i Easf to dAr C'�k oda_ tawuff 124m Cage. . 6. Parcel Identification/Location: Parcel Identification Number Magisterial District: o-. AI - 7. Property zoning and current use: Zoned: fZ0, ,1 ADistrict Current Use: WOM '&Sid"4'4 8. Attachments: Adjoining Property Owners List Existing/recorded and Proposed Plats OFFICE USE. ONLY: Fee: $500 enclosed-.��_. Receipt9- (�� 0:\Land Use ApplicationsWpplication Forms\waiver request rorm_wpd ✓A-�� 9. List of Adjoining Properties: The following names and act",-esses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) ,the subject property. (Use additional pages if necessary.) These people will be notified by, mail of this application. NAME - Page 2- Address Property ID # .7OLs _ 2-7 w r r / Address Property ID # Rile � � �'u A r � !'1 re'i��f ` b Address Property ID # .� _ �UFx" W (5bn �y ✓fes l Cj7� FgW&# 0 Property ID # 7ol _ A Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2- DEC-17-2008(WED) 16:30 CHRIS FURSTENHU LS P. 0021005 EXHIBIT "A" MINOR RURAL SUBDIVISION LOT 1 JAMES F. AND LINDA C. MICHAEL DIVISION BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA ZONED: RA TAX MAP: 72 -A -29G SURVEY'OR'S CERTIFICATE I, Christopher D. Furstenau, a duly authorized Land Surveyor, do hereby certify that the land shown In this subdivision Is In the name James F. Michael and Linda G. Michael and Is all of the land conveyed to them by Deed dated November 28. 1986 and recorded among the land records of the Clerk of the Circuit Court for the County of Frederick Virginia in Deed Book 633 at Page 52 Christopher D. Furstenau, L.S. TIER'S CERTIFICATE The above and foregoing Subdivision of the land of James F. Michael and Linda G. Michael as appears In the accompanying plat Is with the free consent and in accordance with the desires of the undersigned owners, proprietors or trustees, If any. James F. Michael State of Virginia City/County of_ Linda G. Michael 1, a notary public In and for the State of Virginia and the city/county of do hereby certify that this day personally apeared before me,James F. Michael and Linda G. Michael, whose names ara signed to the above Owner's Certificate dated January 29, 2008 and acknowledged to the same before me In my state and city/county as aforesaid. Given under my hand this, day of My commislon expires APPROVALS Frederick County Subdivision Administrator VVInchester-Frederick County Health Department NOTARY PUBLIC Dale Daie CHRISTOPHER D. FURSTENALT, L.S.PC DATE: JAN_ 29, 2008 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTEVIRGINIA 22601 SKEET: 1 OF 3 R 540 542.1164 FAX 540 542-1183 SERVICES QCDFS[JRVEYS.COM MEMBER YIItCIN7A ASSOCIATION OF SURVEYORS �Q P. 0021005 EXHIBIT "A" MINOR RURAL SUBDIVISION LOT 1 JAMES F. AND LINDA C. MICHAEL DIVISION BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA ZONED: RA TAX MAP: 72 -A -29G SURVEY'OR'S CERTIFICATE I, Christopher D. Furstenau, a duly authorized Land Surveyor, do hereby certify that the land shown In this subdivision Is In the name James F. Michael and Linda G. Michael and Is all of the land conveyed to them by Deed dated November 28. 1986 and recorded among the land records of the Clerk of the Circuit Court for the County of Frederick Virginia in Deed Book 633 at Page 52 Christopher D. Furstenau, L.S. TIER'S CERTIFICATE The above and foregoing Subdivision of the land of James F. Michael and Linda G. Michael as appears In the accompanying plat Is with the free consent and in accordance with the desires of the undersigned owners, proprietors or trustees, If any. James F. Michael State of Virginia City/County of_ Linda G. Michael 1, a notary public In and for the State of Virginia and the city/county of do hereby certify that this day personally apeared before me,James F. Michael and Linda G. Michael, whose names ara signed to the above Owner's Certificate dated January 29, 2008 and acknowledged to the same before me In my state and city/county as aforesaid. Given under my hand this, day of My commislon expires APPROVALS Frederick County Subdivision Administrator VVInchester-Frederick County Health Department NOTARY PUBLIC Dale Daie CHRISTOPHER D. FURSTENALT, L.S.PC DATE: JAN_ 29, 2008 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTEVIRGINIA 22601 SKEET: 1 OF 3 R 540 542.1164 FAX 540 542-1183 SERVICES QCDFS[JRVEYS.COM MEMBER YIItCIN7A ASSOCIATION OF SURVEYORS Ln 0 0 CL McDONALD TM 72-A-53 RA VACANT(AGRICULTURAL) 197 ACRES _ S 50'34'51" W 962.99' _LZ 609,15' 53.84=tom — — — — r, SEE SHEET 2A FOR I.OT 1 LOT 3 1 tO LOT 3 DETAIL N 1 '0 5.0000 ACRES to I 1.164 ACRES 1 I to +1 r- ISO s¢ f°p 1 _ _ EXISTING LOT 2 o '`! T 10.00OD ACRES Ln X ' _ m1 1p rn' ' I_� D ZOt1E A I m o [ N a`- tt ir, m rn MICHAEL TM 72—A -29M o I-- =' f I I ^ ( I "' DB 864 PG 628 Q► t� o J z RA RESIDENCE 1 i _ o0 � 30 It 3` N ��''� f v S© 2 rev.8/8/08 PER COUNTY R rev. 6/1'4/08 ADD SHEET 2A PETRO TM 72—A -29F DB 963 PG 439 RA VACANT 22.00 ACRES DRAINFaELD LINE TABLE LINE BEARING DI53ANCE LI N 50'34'51' E 141.69 L2 N 48'33'35' E 141.78 L3 S 3W25'09" E 5.00' r�4�p-SH Op �l � 2• c-, CHRISTOPHER D. r FURSTENAU Lcc. NO. 2727 4 n,�ND FINAL PLAT MINOR RURAL SUBDIVISION LOT 1 JAMES F, & LINDA G. MICHAEL DIVISION BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA JVO TITLE REPORT FURNISHED CBRMTOPHER D. FURSTENAU, L.S. PC 133 NVESP BOSCAWEN STREET SUITE H NNUNCHESTER, VIRGINIA 22502 540 542-1164 FAX 540 542-11113 SMVICES®CDFSURVEYPIG.COII I%IEI%IDER VIRGINIA ASSOCIATION OF SURVEYORS DATE: JAN. 29, 2008 SHEET 2 OF 3 GALE: f"= 200' AX AP. W-0, 07-00-0204 DEC-17-2008RED) 16:30 CHRIS FURSTENHU LS P.D04/005 ELEVATIONS SHO iPN HEREON BASED UPON ASSUMED DATUM. MINOR RURAL SUBDIVISION LOT 1 JAMES F. AND LINDA G. MICHAEL DR ;INFIELD LINE TABLE LINE BEARING DISTANCE L1 N 50'34'51 " E 141.69' L2 N 48'33'35" E 141.78' L3 S 39'25'09" E 5.00' DIVISION BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA ZONED: RA TAX MAP: 72 -A -29G S 50'34'51 " W 353.84' DF 96 / 03 g2 / 00 / g6 8a 0' 13RL - LOT 3 '^ 5.0000 ACRES1 0 � I LO _J Cj 155.0 'ELL �I-�` POND r W J O ZONE A = a `r' FLOOD I cV o o) !+ CD I N Z I ( o I � p co r— I 6� � NO TITLE REPORT FURNISHED Q CHRISTOPHER D. v FURSTENAU Lic. No. 2727 � i POGGSS , 3' S 1] 0 rev. 8/8/08 PER COUNTY rev. 5/14/08 ADD SHEET CIMSTOFBER B. FURSTENAU, ;'.S. FC 133 WEST BOSCAW.EN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 5Q-1164 FAX 540 542-1183 SF:RVICESQCDFSURVEYS-COM MEMBER VIRCIMA ASSOCIATION OF" SURVEYORS ATE: MAY 14, 2008 GALE_ t"=100' TAX MAP: 72 —A -29G SHEET 2A OF 3 DEC-17-2008(WED) 16:30 CHRIS FURSTENHU LS P. 005/005 MINOR RURAL SUBDIVISION LOT 1 JAMES F. AND LINDA G. MICHAEL DIVISION BACK CREEK DISTRICT FREDERICK COUNTY, VIRG!NIIA ZONED: RA TAX MAP: 72 -A -29G PRIVATE ACCESS EASEMENT The proposed private driveway/road shown hereon is not built according to street specifications of and will not be maintained by, the Virginia Department of Trany-'portation or Frederick County. The improvement and n intenante of said dri'+7jeway/road shall be the sole responsibility of the owners of lots which are provided access via the driveway/road, Said driveway/rvad will not be considered lbr inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveway/road to acceptable standards shall not be bourne by the Virginia Department of Transportation nor by Frederick County. SUBDIVISION APPROVAL STATEMENT This subdivision is approved jbr individual onsite sewage systems in accordance with the provisions of the Code of Virginia and the Sewage Handling and Disposal Regulations(12 VAC 6-610-10 et seq.,the "Regulations"),land local ordinances if the locality has authorized the local health department to accept private evaluations for compliunce with local ordinances). This subdivision was submitted to the Health Department for review pursuant to Section 3Z1-163.5 of the C,d.- of Virginia which requires the Health Department to accept private soul evaluations and designs from an Authorized Onsite Soil hlualuatoT(AOSE) or a Prefessiorutl Engineer working in consultation with an AOSE jbr residential development. This Departmznt is not required to perfb, m a � geld check of such evaLuatuions. This subdivision was certified as being in comliance with the Board of HeaLth's regulations by Kari E. Evans ROSE #111 PH. (540) 465-8870. This subdivision approval is issued in reliance upon that ceTtijieCdioTL Pursuant to Section 360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued fir any Lot in the subdivision unless that lot is specificadLy identif£ed as having an approved site foran onsite sewage disposalm, sysyteand unless all conditions and cireumstancos r ae present at the tirnn of application for a permit as are present at the time of this approval. This subdivision may contain lots that do net have approved sites for onsite sewage systems. This subdivision approval Is issued in 7eliance upon the certification that approved lots are suitable fir "traditional systems .however actual system designs may be different at the time construction permits are issued. this subdivision approval statement refers to Lot 3 Michowl Division. ir'vTE- FLOOD ZONE SHOWN HEREON HAYS' BEEN SCALED FROM FIRAf MAP 510063 0175 B EFFECTIVE WLY 17, 1978_ NO TITLE REPORT FURNISHED H L' ^� ��v Z o CHRISTOPHER D. v FURSTENAU Lic. No. 2727 -�0 S U RNI - d �i rev.8/8108 PER COUNTY rev. 5/14/08 ADI) SHEET 2A LAS T OPHER 1). rURSTEP;AU, L.S. PC 133 WEST BOSCANVEN STREET SUITE 2 WINCBESTER, VIRCINIA 72601 540 542-1164 FAX 540 542-1183 SERVICESQCDVSTJRVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS TE: JAN 29, 2007 ITAX MAP. 72-A-290 I SHEET 3 OF 3 October 21, 2008 Dennis Stout LOT Fawcetts Run Lane Winchester, Va 22602 Dear Denny, Frederick County Planning and Zoning Ordinance require a 50 foot right of way from Cedar Creels Grade to our property, so I can obtain an agricultural family subdivision approval. We are asking that you grant us a 10 foot right of way on your side of the existing 30 foot right of way to comply with the ordinance. Please return this letter with your signature and approval or denial of this request no later than October 31, 2 08. Regards, r b James F. & Linda G. Michael Please check one: Yes, I will grant a 10 foot right of way on my side of the existing 30 foot right of way n No, I will not grant a 10 foot right of way on my side of the existing 30 foot right of way Signature: r Date: ()r:+ ?-oo October 21, 2008 Richard Petro 121 Fawcetts Run Lane Winchester, Va 22602 Dear Rich, Frederick County Planning and Zoning Ordinance require a 50 foot right of way from Cedar Creek Grade to our property, so I can obtain an agricultural family subdivision approval. We are asking that you grant us a 10 foot right of way on your side of the existing 30 foot right of way to comply with the ordinance. Please return this letter with your signature and approval or denial of this request no later than October 31, 2008. Regards, e James F. & Linda G. Michael Please check one: ❑ Yes, I will grant a 10 foot right of way on my side of the existing 30 foot right of way No, I will not grant a 10 foot right of way on my side of the existing 30 foot right of way Lfs Signature: A-Id__!r Date; GP —.a's-- 0 illEl E08 October 21, 2008 James & Pat Musser 170 Fawcetts Run Lane Winchester, Va 22602 Lear Jimmy & Pat Frederick County Planning and Zoning Ordinance require a 50 foot right of way from Cedar Creek Grade to our property, so I can obtain an agricultural family subdivision approval. We are asking that you grant us a 10 foot right of way on your side of the existing 30 foot right of way to comply with the ordinance. Please return this letter with your signature and approval or denial of this request no later than October 31, 2008. Regards C-2� W � 4 � - 74 -- James F. & Linda G. Michael Please check one: ❑ Yes, I will grant a 10 foot right of way on my side of the existing 30 foot right of way XzNo, I will not grant a YO foot right of way on my side of the existing 30 foot right of way Signature: Date: �y " z �� October 21, 2008 Dennis & Diann Stout 196 Fawceiis Run. Lane Winchester, Va 22602 Dear Dennis & Diann Frederick County Planning and Zoning Ordinance require a 50 foot right of way from Cedar Creek Grade to our property, so I can obtain an agricultural family subdivision approval. We are asking that you grant us a 10 foot right of way on your side of the existing 30 foot right of way to comply with the ordinance. Please return this letter with your signature and approval or denial of this request no later than October 31, 2008. Regards, � .� N5 Z James F. & Linda G. Michael Please check one: ❑ Yes, I will grant a 10 foot right of way on my side of the existing 30 foot right of way RI No, 1 will not grant a 10 foot right of way on my side of the existing 30 foot right of way Signature: Date: Z.;, D i 2 1 , :, ,C. % u October 21, 2008 Harvey & Linda Wilson 280 Fawcetts Run Lane Winchester, Va 22602 Dear Harvey & Linda, Frederick County Planning and Zoning Ordinance require a 50 foot right of way from Cedar Creek Grade to our property, so I can obtain an agricultural family subdivision approval. We are asking that you grant us a 10 foot right of way on your side of the existing 30 foot right of way to comply with the ordinance. Please return this letter with your signature and approval or denial of this request no later than October 31, 2008. Regard , James F. & Linda G. Michael Please check one: ❑ Yes, I will grant a 10 foot right of way on my side of the existing 30 foot right of way No, I will not grant a 10 foot right of way on my 'de of the existing 30 foot right of way ZX �7 BR834PG 1264 THIS DEED made and dated this 3rd day of February, 1995, by and between THOMAS G. ,$ALLY. party of the first part, hereinafter referred io as Grantor, and JAMES F. MICHAEL and LINDA G. MICHAEL, his wife, parties of the second part, hereinafter referred to as Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the �I I! entirety with common law right of survivorship, all of that certain tract or parcel of i� land, together with all rights, rights of way, privileges and appurtenances thereto T belonging, lying and being situate in Back Creek Magisterial District, Frederick 43 1I County, Virginia, East of Virginia State Route 622, about two and one-half (2'/z) II � IImoles North of Marlboro, containing 10.000 acres, more or less, and being more particularly described on that certain Final Plat Boundary Line Adjustment drawn by David M. Furstenau, L. S., dated January 26, 1995, attached hereto and I� incorporated herein by reference as if set out in full-, said 10.000 acres conveyed !� herein being a portion of the 134.603 acre tract previously conveyed to the Grantor ; herein by that certain deed dated July 20, 1978, from C. Lucian Brumback, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 495, at Page 2%. Reference is hereby made to the aforesaid instruments and the descriptions contained therein for a further and more particular description of the property hereby conveyed. W IMCW.N� tia •lql I I BK834PG1265 Said 10.000 acre Pafc,—Al is to be combined with the 16.164 acre parcel !' previously conveyed to James F. Michael and Linda G. Michael by that certain !� Deed and Vendors Lien dated November 28, 1986, from Thomas G. Scully, `;Widower, of record in the Clerk's Office of the Circuit court of Frederick County, I Virginia, in Deed Book 633, at Page 52, as shown on the aforesaid attached Final Plat Boundary Line Adjustment. This conveyance is made subject to all rights, rights of way and restrictions of "record, if any, affecting the subject property. I' The Grantor covenants that he has the right to convey to the Grantees; that ! the Grantees shall have quiet and peaceable possession of said property, free from all liens and encumbrances; and that he will grant such further assurances of title as �imay be requisite. L' WITNESS the following signature an�eal: r. I! Thomas G. Scully Ii STATE OF VIRGINIA, at Large, ! CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 13rd day of 995,5, by Thomas G. Scully. l My Commission expires: i4otary Publi II 2 wi+cMoraa a usa, I► Virginia Records Search �C! Page 2 of 2 FINAL PLAT Kg54�G0628 MINOR RURAL SUBDIVISION OF THE LAND OF JAMES F. & LINDA G. MICHAEL BACK CREEK DISTRICT FREDERICK COUNTY. VIRGINIA -»_A_�:)nr_ 7nNF Rn USE RESIDENCE SURVFYon'S CERTIFICATE I David M. Furstenau, a duly authorized land surveyor, do hereby certify that the land shown hereon is the land conveyed to James F. And Linda o. Michael by Deed dated February 3. 1 95 and recorded among the land records of the Glerk of the it rt of Frederick r.rrnty, Virginia in Deed Book 83t g 1261 and by Deed dated November 28, 1988 and recorded in De Page 052. bavid M. Furstenau, L.B. OWN1R3' CERTIFICATE the end foregoing Minor Rural subdivision of the land of James _. and inda G. Michael is with the free consent and in accordance ith iT desires of the undersigned owners, proprietors and trustees if f J es F. Michas Lind G. Michael (state of Virginia//,,�� r County/City of WIYICl- ,Svc to w1tt: �•+e8- a Notary Public in and for the state of i ° / do hereby cer ify V rginia and county/city ofJJ1�e_ p�� that this day person liy appeared before m�mfs1.F./a+14—� and whose names are signed to the above owners certificate dated August 15, igg6 and acknowledged the same before me in my state and county/city as aforesaid Given under my hand this___- � _day of � 1998 My commission expires__II-CommSsionExo�re - cl J APPROVED ..........' 10 FREDERICK COUNTY WINCHESTER -FREDERICK COUNf'Y SUBDIVI,S1019 ADMINSTRATOR HEALTH DEPARTMENT fAlf/9 L 1�d 4- ---� https://risweb.courts. state.va.us/cgi-bin/display_image.p?MICHAEL%2C%20JAMES%2OF%20... 12/9/2008 52 #7324 db THOMAS G. SCULLY I TO: DEED & VENDOR"S LIEN P T jds JAMES F. MICHAEL, ET UX 26-86 � onLv BK633FG052 THIS DEED and VENDOR'S LIEN, made and dated this 28th day f .d GLAU �Tram,ri AT w. 2030 "ceNTMAn e„�rsTn..vn�auu aw, of November, 1986, by.and between THOMAS G. SCULLY# Widower, party of the first part, hereinafter referred to as the Grantor, land JAMES F. MICHAEL and LINDA G. MICHA$L, his wife, parties lof the second part, hereinafter referred to as the Grantees. WITNESSETHt That for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, that certain tract or parcel of land, lying in Back Creek Magisterial District, Frederick County, Virginia, East of Virginia State Route 622 otherwise known as the Cedar 'Crack Grade about two and one-half (2;) miles North of Marlboro, containing 16.6 acres, more or less, and being more particularly described and set forth as follows: Beginning at a point being the southeast corner of that certain 40 acre tract of land conveyed by the Grantor unto Albert McDonald, et ux, by deed dated July 1, 1981, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed .book 538, Page 4251 thence S 50° 33' 06" west 946 feet to a fence post; thence N 40° 23' 59" west 563 feet to a fence post; thence in a northerly direction 1,038 feet to McDonald's southern boundary at a point 913 feet west of his southeast corner; thence S 41° 19' 47" east 913 feet to the point of teginning. The aforesaid is a portion of that same realty conveyed to the Grantor herein from C. Lucian Brumback and Anna K. Brum- back by deed dated July 20, 1978, of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, in Deed Book 495, Page 296, and reference is hereby made to the aforesaid deed for a more particular description of the property herein conveyed and for further derivation of title. TGS:jds 11-26-86 SCULLY. . W ■ CLASS IMMIYS AT LAW r Sour" R(M f7 S" „MCMSS/SII.Y�107MU1 i7JSl OK633PG053 The realty herein conveyed is subject to the lien created by a certain deed of trust from the Grantor to Terence J. Fleming, Trustee, of record in Deed Book 495, Page 299, and the Grantor assumes the payment of the instrument therein secured and cove- nants to save the Grantees harmless with respect thereto. The Grantor in consideration of the premises does hereby grant and convey an easement or right of way thirty (30) feet in width running on the north side of the branch which runs into Fawcett Run in a westerly direction to Cedar Creek Grade and agrees to contribute fifty percent (501) of the cost of maintenance of the gravel road which has heretofore been con- structed by the Grantees. The within conveyance is subject to all recorded easements and the Grantor covenants that he has a right to convey said realty; that the S41AG is free from all liens and encumbrances except as noted abovel that he will forever warrant and defend the title thereto. The Grantor reserves a Vendor's Lien on the real estate herein conveyed as security for the payment of the full amount of the unpaid portion of the purchase money consideration of the Thirty Thousand Dollars ($30,000.00). The said lien is evidenced by a bond of even date herewith signed by the Grantees payable to Thomas G. Scully, or order, in the amount of Thirty Thousand Dollars ($30,000.00) payable in sixty (60) monthly installments of Three Hundred Nine and 66/100 Dollars ($309.66) conmiencing January 1, 1987, which payments are inclusive of interest of eleven percent (111) per annum on the unpaid portion of the principal, said bond being due and payable in full December 1, 1991. -2- 53 54 TGS:jds I1-26-86 4 BKG33PGUS 4 WITNESS the following si a ure and,$e � C � ti r^-'• (SEA 1JJ0 5 G. SC 1,4 STATE OF VIRGINIA: ff 11 �� fir(. of Yii Pr'll.. l.f !' , To -wit: I, �� TT: /.� 1 �.�f ..,, a Notary Public in and fortheState and jurisdiction aforesaid, do hereby certify that THOMAS G. SCULLY, whose name is signed to the foregoing Deed and Vendor's Lien, dated 28th day of November, 1986, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. wQ [,.xI,tt' Given under my hand this _ /,of day of No=g., 1986. My commission expires 2-.4.8 -5 0 dd ,' Notary PpbX' t) •. n .EIGINIA F11MERICK COUNTY, SCT. This Imirument a writfng Fag produved to we as the day of , 19A_, at b z., 7� Itd with certifica of a nowledgment thereto anne cei .+ is !milled to record Tax unposed by Sec. 58-64.1 of and 58-54 have been paid, if asst+ s.Rt, 111 D I T7IRGCKYGIRGy � r fIATTGRNcrser uw 'J SOUTH KENT STREET IINCNESTER, VIRGINIA T,EGI C it t'' 1 NHL VLH i BOUNDARY LINE ADJUSTMENT'* BETWEEN THE MOS OF ' THOMAS G. SCULLY ° Rmn BK -8 3 4 PG 1266 JAMES F. & LINDA G. !MICHAEL BACK CREEK DISTRICT FREDERICK•COUNTY, VIRGINIA . TAX MAP a 72-A 29F 8 29G ZONE RA USE RESIDENCE SURVEYOR'S CERTIFICATE I DAVID M. FURSTENAU, A DULY AUTHORIZED LAND SURVEYOR, DO HEREBY CERTIFY THAT THE SCULLY LAND OF THIS BOUNDARY LINE ADJUSTMENT IS IN THE NAME OF THOMAS G. SCULLY AND IS A PORTION OF THE LAND CONVEYED TO HIM BY DEED DATED JULY 20, 1978 AND RECORDED AMONG THE LAND RECORDS OF THE CLERK OF CIRCUIT COURT FOR FREDERICK COUNTY, VIRGINIA IN DEED BOCK dos AT VAGE 296 AND THE MICHAEL LAND OF THIS BOUNDARY LINE ADJUSTMENT IS IN THE NAMES OF JAMES F. AND LINDA G. MICHAEL AND IS ALL THE LAND CONVEYED TO THEM BY DEED DATED NOVEMBER 28, 1986 AND RECORDED IN D,l�ED pboifi 633 AT PAGE 052. DAVID M. FURSTENAU, L.S. OWNERS CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF THOMAS G. SCULLY AND JPMES p. AND LINDA G. MICHAEL IS WITH THE FREE CONSENT AND IN ACCORDANCE WIT1j DESIRES OF THE UNDERSIGNED OW S, PROF RS, AND TRUSTEES IYANTHO G. SCULLY F. MIC L IN G. MICHA STATE OF VIRGINIA COUNTY/el" OF r.yr^� TO -WIT: I, - — , A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AND 'D COUNTY/eEYTY OF jffi 1 irk DO HEREBY CERTIFY THAT THIS DAY PERSONALLY APPEARED BEFORE ME L71— F_/77121; AND A indq f WHOSE NAMES ARE SED TO THE ABOVE OWNERS CERTIFICATE DATED JANUARY 26, 1995 AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND COUNTY/CITY AS AFORESAID. 3d GIVEN UNDER MY HAND THIS Ord DAY OF MY COMMISSION EXPIRES Lu_ APPROVED FREDERICK COUNTY _ J....�... DATE 1 DATEi JAN. 26. 19.95 FURSTEhal sv SE -UR v EYENI 7 j. v4a�ei 1 OF 2 STEPHEN$ CITY VIRGINIA 228'55 Mf\LM IHUWL.F1{11JIV BEFORE ADJUSTMENT SCULLY 48.3 s ACRES MICHAEL 16.164 ACRES AFTER ADJUSTMENT SCULLY 38.3 i ACRES M!CH>EL 26.164 ACRES BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF THOMAS G. SCULLY AND 8K 8 3 4 PG 1267 JAMES .&C SEK oAs . MICHAEL BACKIICT FREDERICK COUNTY, VIRGINIA McDONALD RA AGRICULTURE TM# 72-A-53 5 50°34'51_"W 1556.49' 962.99' 100' 6RL 593.50' POST L -"�- /� 0R •5A. ,036.76 E N M 0 Lu z w f F U U Q Z . QU) Q W N m cr 00 o N 0 � ! 1 �tICHARD RA RESIDENCE 721 /138 STOUT RA RCSIDF14CE 7p5/352 E�+!'��720/756 STOUT RA RESIDENCE 721/158 POST FLOOD -LONE C � 1 pvA C` E I--�.� p .. �_ `.—.'-- RUN MICHAEL NEW TOTAL 26.164 ACRES TAX MAP u 72 -A -29G T FLOOD ZONE _ w _ .. -. FLOOD q) / / I I NI— r` w41 ZOfiE c U� QQw Owa om v 0o� aD (n m cO $ cn -. I L -"�- /� 0R •5A. ,036.76 E N M 0 Lu z w f F U U Q Z . QU) Q W N m cr 00 o N 0 � ! 1 �tICHARD RA RESIDENCE 721 /138 STOUT RA RCSIDF14CE 7p5/352 E�+!'��720/756 STOUT RA RESIDENCE 721/158 POST � 1 U N �f s•�1QD IFS N o m in N —� A' 13•A M1 1 I w '6033►�- N ^ Q, I IPs e>zL `� lb w rY O oQ � U Ln (PI OC 0 � a w -j mm Q 1.¢ Q a I Y CON A U a _ m I mx 1 I[1 CL m QC X ro �I .I vl M SER RA RESICDEN705/9V m J z I_ i. uj U Q UJ 0 m v <W U O_r F CL C 1 I I I ' r ^rte P( R4033' E 601.27' 13RUMEACK RA VACANT ?77/500 YMIM''FREDERERCOUIM,Wt. CAT[t JAN, 26,1995 RY!" A 1-4.1 ® ThN k*= ei Ixidn{ " to ' an the snd>rHhprUflnleotJCkrrrwMd�mml l e.5&54.1 �&CALE: 1".200, STEPHENS CITY, VIRG[ reae11+1.ol.TeaNnPos.a61 7�5 �=waWnd 5&5 5&54 Irve bwn Ppb . II ssfwiuhhr- . ;+ te Q11jAylaw— COUNTY of FREDERICK 102EMO1RAN'l)UM Department of PIanning and Development 540/665-5651 FAX: 540/665-6395 Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator W/ - RE: Appeal of Zoning and Subdivision Administrator DATE: December 16, 2008 Michael E. Briel, Esquire, on behalf of Matthew Carroll and Roger Carroll, is appealing the decision of the Zoning and Subdivision Administrator pertaining to Article V Design Standards, §144-17 Streets, B (1), Street Layout, of the Code of Frederick County, Chapter 144 Subdivision of Land, to allow direct vehicle access to a major collector or arterial road. The property is located at i 15 Winterberry Court, Oakdale Crossing Subdivision, in the Shawnee Magisterial District and is identified by Property Identification Number 54I-2-65. Chapter 144 Section 17 B (1), of the Code of Frederick County specifies that: Residential streets shall be laid out to discourage through traffic. New residential lots shall not have direct vehicle access to roads defined as major collector or tapterial by the Frederick Countv Comprehensive Plan or the Virginia Department of Transportation. The applicant is appealing the decision of the Zoning and Subdi -v ision Administrator regarding the interpretation of Chapter 144 Section 17 B (1) of the Code of Frederick County. The applicant was cited for construction of a private driveway entrance directly onto a major collector road, as identified and defined by the Frederick County Comprehensive Plan (Ser_seny Road, Route 657). The Code of Frederick County does not allow for residential lots to have direct access to major collector roads. This property has an approved access entrance to a local road as identified and defined by the Frederick County Comprehensive Plan (Winterberry Court). Furthermore, this private driveway is currently located within an 80 foot road efficiency buffer which is included on the approved master development plan for Oakdale Crossing. Staff would recommend that the Planning Commission and the Board of Supervisors affirm the decision of the Zoning and Subdivision Administrator in the administration of Chapter 144 Sectionl7 B (1) of the Code of Frederick County regarding residential lots having direct access to major collector roads. This private driveway should not be all vved. as the property has acct, to Winterberry Court. A recommendation from. the Planning CommiWsie n to the Board of Supervisors is requested. MRC/bad 107 North Kent Street, Suite 202 ^ Winchester, Virginia 22601-5000 w - 1 atthew Carroll & Roger Carro'- #� Wavier Exception CO) PIN: 541 - 2 - -�� 65 ..P4 NOCK. , 5 5 1A ES - > y .tet law WINDSOR HILL ESTATES HOMEOWNERS // � o � � � _ FrSFR8A01 FNYRO 1� FT ! s y� it �o F. l7/ 0 541 265 CARROLL MATT 531 2 fi rry~j• 1 d �•- - c FHL .SARAH 1 = V -' - _ ♦ 1 h 10 �J ,�O 541 2 2 ytiQ' LANKfORDYGAIL F' Y t Q f � r i 4 i Vy 67 I� z .PH R SM EY SCOTS b LESLVE A, ♦I 'c GREG r dt i - 1 � r�,r _ _ . � �„�.� iii • � AMA Sal o- / HEIRS OF t 4,p ~ 54t 1 KLEESHF Future Rt37 Bypass Zoning - Case Planner: Mark - g Al2 (Industrial, General District) Application BI (Business, Neighborhood District) p111I (Mobile Home Community District) 541 2 HICKEY LEN E IFAMIE.N Q'O x \ + Buildings B2 (Business, General Distrist) AIS (Medical Support District) Urban Development Area 4m B3 (Business, Industrial Transition District) _ R4 (Residential Planned Community District) p�Q \ SN'SA EAI (Extractive Nlanufactuiing District) R5 (Residential Recreational Community District) JJ O v ` HE Educati (Hih ger on District) RA � \ � Dit-._ (Rural Area District) u ' N1 1 (Industrial, Light District) RP (Residential Performance District) 0 75 150 300 Feet COUNTY of FREDERICK Department of PIa.nning and Development 107 North Kent Street a Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6345 WAIVER/EXCEPTIONS REQUEST APPLICATION I. Applicant: Matthew Carroll & Name:._Rocter Carroll _ _ Telephone: 540-662-5004 Address: 2. Property owner (if different than above): V .� 40 Address: 3. Contact person (if other than above): Telephone: Name: Michael E. Briel Telephone: 7p3-777-0028 4. Waiver request details (include specific ordinance requirements to be waived): The driveway in guestion does not viol the Code of Frederick County and its application to this driveway is improper. 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1 1 5. Winterberry Ct Oakdale Crossing Subdivision, Frederick County, VA, Southside of Rt. 657, SensenyRd., .03 miles of Rt. 1205 6. Parcel Identification/Location: Parcel Identification Number 541-2-65 Magisterial District: Shawnee 7. Property zoning and current use: Zoned:RP Residential Performance District Current Use: Residential 8. Attachments: Adjoining Property Owners List X Existing/recorded and Proposed Plats OFFICE USE. ONLYFee:. $500encla:sed Receipt #:v (0 O:lLand Use Applicatiuns\Application Forms4aiver request fottn.wpd 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear,. and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME Christopher C. Decanio Janet Decanio Kirk papstavrou Fawn C. Papstavrou Addressl 445 Senseny Rd., Winchester, VA I2 E Properly ]D # 15 3 7 3 Address 100 Cres 1 v� 2' PropertyID#34495 Joseph R. Ferri Pearl Ca Ferri Sarah I. Miller Address 110 Winterberry Ct., Winches terA- Z�U Property ID #34496 Address 113 Ct.VA 22� -Winterberry Properly ID# 3 4 4 9 3 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - Special Limited Power of Attorney County of Fredw ick Virginia Frederick. Planning Web Site_ ;}^vw.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street. Suite 202 Winchester, Viiginia 22601 j Facsimile 540-665-63.95 Phone 540465-5651 Know All Men. -By Those Present. That I (We) (Name) Matthew Carroll & Roger Carroll (Phone) 540-662-5004 (Address) 241 Ballygar. Dr.,. Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed'recorded.in the Clerk's Office of the Circuit. Court -of the County ofFrederick,'Virginia, by. Instrument No. 0 7 0 0,1 5 3 4 8 on Page ,and is described as Parcel, Lot. 6 5 Block: Section:. Subdivision; Oakdale Crossing do hereby make, constitute and appoi^t.: (Name) Michael E. Briel (Phone) 703-777-0028 (Address) 20937 .Ashburn. Rd , #235,_ Ashburn, VA 20147 To act as my true andlawful attorney-in-fact for and. in my;(our) name, place, and stead with fullpower. and authority t (we) would have if acting personally to .file, planning applications for my (aur) above described Property, including Rezoning (including proffers) _ Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision _ Site Plan X Variance or Appeal Comprehensive PolieyPlan Amendment My attorney-in-fact shall have: the authority to offer proffered conditions and to inaite. athendments to, previously approved proffered conditions except as follows: This authorization .shall expire.: one year from. the day it is signed; or until it is:otherwise rescinded or• Modified. In`witness thereA4I (Ay) 1hereto set my (out) han d -se 's -Z0 day of NOJ , 200 ,, Signature(s)_F State of Virginia, I, 'Tapk -e) aforesaid,; certify and has ac ,kjew Revised 3/17/08 of the: person(s) wl I the same befog L To -wit: tl a, .Notary Public in and for the jursdnetxon sign d to the foregoing instrument personally appeared before`iaarr me in the jurisdiction aforesaid this0 day of /Yf)U` 2008. te.aycti� "` My Commission Expires:: ftoi October 22, 2008 Matthew L. Carroll 241 Ballygar Drive Winchester; VA 22602 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 CERTIFIED MAIL RE: 115 Wiriterhem,, Court 1-sv�:rs=J' tai?`uza3list�[>'ii iwtiileiGlei" ti,k'I Vit: ��ti �-i'is RP (Residential Performance) Zoning District Dear Mr. Carroll: _. 1 visited the property on October 17, 2008, and noted a driveway ioc.-i;2,1 I: n. the above -referenced property that exits onto Senseny Road. In accordance with Section 144-17 B (1) of the Code of Frederica; County (Subdivision of --and), residen"dal lots shall not have direct vehicle access to roads defined as jnajor :ollet•tc lr ar arterial by the Frederick County Comprehensive Plan or the Virginia Department of T ransp ortatioii "fl, yrefore, this driveway constitutes a violation of the provisions ofi.Section 144-17 B (1) of Frederick C.� .iat:� '-;ode. This office will allow thi- (?` ; days.f ru receipt of this letter to resolve this violation. Speci#icajiyl, resolution of this violation may be saccornphsi'l ;d by removing and closing this driveway on the above -referenced property. .Nailu;r To comply with the Code of Frederick Count3- will result in a criminal complaint be in ; filed against you. You have the right to appeal this notice of violation within. thir-,y (30' of the date ,'f tltis letter in CI'he Frederick County, Board of Supervisors in accordance with Section 144.5 of the Code of Fredet i.�K County. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you cltcose to appeal, the appeal must be filed with the ZonLi� and Suhaivision Ad:rinistrator. This provision requires the submission of an application form, a written statement setting forth -dh, decision being appealed, the date of decision, the grounds for the appeal, how +she appeilarit is :an -aggrievei i' "�y, any other infop.Ytat;ion you ir..ay r. lV ivvi /;i3 ifiu :. j l f€/ i.1xusg 'ee. �'f+_ e Y4 e M1 !r 1i f > _ .b t -tet, p, e'1 %a k [iL".1..1 e (1 tjt C�.J[dil, 11,'t'V 11 C' SC t Gl:lit�a.'A public hearing and decisionbefore the Fre dei ick County Board o Supei r^isors. Contact me at (540) 665-5651 with any questions yogi *nay have: Sincerely, IV. rk R, Clt.ez Zoning aiid, Subdivision administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000