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PC 07-01-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 1, 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC MEETING 4) Master Development Plan #01-09 for Silver Lake LLC, submitted by Greenway Engineering, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52 and 53-A-63. Mrs. Perkins..................................................................................................................... (A) FILE COPY MASTER DEVELOPMENT PLAN #01-09 SILVER LAKE LLC Staff Report for the Planning Commission Prepared: June 15, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 07/01/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). STAFF CONCLUSIONS FOR THE 07/01/09 PLANNING COMMISSION MEETING: The Master Development Plan for the Silver Lakes property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would he appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan. MDP #01-09, Silver Lake LLC June 15, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52 and 53-A-63 PROPERTY ZONING & PRESENT USE: Zoned: 238.96 zoned B2 (Business General) District and 131.06 zoned MS (Medical Support) District Use: Residential, Vacant, Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/Agricultural PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. REVIEW EVALUATIONS: Virl4inia Department of Transportation: The Master Development Plan for this property appears to have significant measurable impact on Route 50, the VDOT facility which would provide access to the property. This office has reviewed the Silver Lake LLC Master Development Plan and feels it is acceptable. VDOT would like to see the street names used in the Proffer Statement changed to reflect MDP #01-09, Silver Lake LLC June 15, 2009 Page 3 the MDP street names. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The master development plan for Silver Lake LLC dated May 19, 2009 has adequately addressed our review comments discussed in a meeting held in our office on May 19, 2009. Therefore, we grant our approval and reserve the right to perform a detailed review of future site and/or subdivision plans related to the approved master development plan. Frederick County Inspections Department: No comment required at this time. Shall comment on site plan reviews. Note: permits and asbestos inspection required prior to the demolition of any structures. Frederick County -Winchester Health Department: No Comment. Frederick County Sanitation Authority: Approved as noted. GIS Department: The following road names have been approved and added into the Frederick County Road Naming and Structure Numbering system: Storefront Pl., Trader Dr., Lutheran Home Blvd., Corporate Pl., Clock -tower Ridge Dr., Monument Dr., Countrymen Dr., Guidhall Way, Allegiance Dr., Procession Way, Reverence Sq., Advowson Pl., Borough Ter., Hamlet Cir., Prominance Cir. The following road names are denied use because of conflict, either by spelling or by phonetics, with road names already in the Frederick County Road Naming and Structure Numbering System: Lupton Pl, Lutheran Home Blvd. must intersect with Monument Dr. Road names can only change at intersections. Future Petticoat Gap Ln. will also intersect with Monument Dr. Pending a written approval from the property owners, GIS will continue the name Lutheran Home Blvd. and replace future Petticoat Gap Ln. Clocktower Ridge Dr. will intersect with Procession Way. Procession Way will intersect with Reverence Sq. Reverence Sq. will start at Prominance and its terminus will be a dead end. Parks and Recreation Department: No comment. Planning & Zoning: A) Master Development Plan Requirement 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. MDP #01-09, Silver Lake LLC June 15, 2009 Page 4 B) Location The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). C) Site History This site was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. On April 22, 2009 the Board of Supervisors approved Rezoning Application #01-09 which rezoned the subject properties to the B2 and MS Districts. D) Site Suitability & Project Scope 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 Land Use Compatibility: The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. Transportation: The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. The rezoning application for the project addressed these improvements through four phases of development as outlined in Proffer D for Rezoning 401-09. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The rezoning for this development recognized this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. The MDP for the development shows both of these alternative locations. The MDP also depicts the location of the proffered ten foot bike and pedestrian facility that runs throughout the entire project. Site Access: The MDP shows the location of the internal road systems serving this project. Lutheran Home Boulevard serves as the property's major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal-Mart. Trader Drive (formerly Silver Lake Drive) provides an additional connection to Route 50, MDP #01-09, Silver Lake LLC June 15, 2009 Page 5 intersects with Lutheran Home Boulevard and ultimately may provide a connection with Poorhouse Road (Poorhouse connection — Option 1). Corporate Place provides access to the western commercial portion of the property and may also provide a connection with Poorhouse Road (Poorhouse connection — Option 2). The CCRC portion of the development is proposed to be served by a network of private streets as depicted on the MDP. Buffers and Screening.- Areas creening:Areas of mature woodlands are proffered (Proffer B3) to be preserved in those areas where buffers would be required; this pertains to both zoning district buffers and road efficiency buffers. The preserved woodland areas are depicted on the MDP as a continuous hatched area. Upon development of the project, supplemental plantings may be required by the Planning Department along these preserved areas if necessary. A linear area of passive open space that contains environmental features has been provided central to the project; this open space will contain a trail system as shown on the MDP. A 50 foot landscaped buffer area has also been provided along Route 50; this buffer consists of street trees and ornamental shrubs. Landscaping in the form of street trees has been provided along Lutheran Home Boulevard and Trader Drive throughout the limits of the B2 portions of the property. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. Proffer Statement: See attached proffers dated November 25, 2008; revised March 2, 2009; revised March 30, 2009. STAFF CONCLUSIONS FOR THE 07/01/09 PLANNING COMMISSION MEETING: The Master Development Plan for the Silver Lakes LLC property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning 401-09. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan. 'L �x �779t .r 'aver Lake, LLC a 1 Cal ya MPD # 01 - 04 CURRENT ZONING PIN: 52 -A -C; 52-A-50; 52 -A -50A; 52-A-52; 52-A-63 NNNN54. o1 4 Y 9 r=rry40( RTHNIESTERrN F�IKE NN,■ r " -7YORTH1N''I NNN ESTE� r■ r s��ff ■r -:� t �M r.r ri �-. -r r■ r ■ � � As e<�Nl�,�fIIC� ��r ANIHERST-. ti rr r _ k •,a — -- _ --• m .. r trio N r MIN � NN J� . � I r r ■ s J ' inchester,V/.A i p , 7 � i . re�� '�wf Ski t`;`, , � kr ♦rr ro - r 'r e., �. m r N4�`` (21) • r'!, i s , AN �t r N W — 0 300 600 1,200 Feet E 52, A 47 a 41 A 1170 - CARPENTER.ROBERT N TRU .7EF FRUIT HILL.ORCHAREYINC. G 52 A 5'0 SILVER CAKE LEC �l rP�G�P` 9 .. _ 4. ; i s �y . �C 52 f! SILV FA',KE LE C�`F_� — ley. �• '�,.�:� �� r, �+�' t r ^s , . 7t X54 �d.e� _ � •� s` :.. a;ye ial ES t 54 �o1z 1tt�,p nn•• s - 803 ° > ¢, Case Planner: CPerkins 0'Q f Future Rt37 Bypass Zoning M2 (Industrial, General District) C> Application BI (Business, Neighborhood District) 11010 MH1 (Mobile Hume Community District) Y w a Urban Development Area B2 (Business, General Distnst) 4W MS (Medical Support District) Ce SWSA 41� B3 (Business, Industrial Transition District) 41M R4 (Residential Planned Community District) aW EM (Extractive Manufacturing District) 41M RS (Residential Recreational Community District) 4M HE (Higher Education District) I J1 RA (Rural Area District) M1 (Industrial, Light District) RP (Residential Performance District) AMENDMENT Action: PLANNING COMMISSION: March 18, 2009 - Recommended Approval BOARD OF SUPERVISORS: April 22, 2009 El APPROVED U DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-09 OF SILVER LAKE, LLC WHEREAS, Rezoning 901-09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to 'VIS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52 and 52-A-63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be 1:3 the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 23 8.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and. the property owner are attached. PDRFS# ] 4-09 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES# 14-09 Gary A. Lofton Aye Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST John . Ril , Jr. Frede c/k County Administrator Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 SILVER LAKE, LLC APR 8 2100`9 PROFFER STATEMENT REZONING: RZ #01-09 Rural. Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, Ill, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: March 30, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 401-09 for the rezoning of 370.02± -acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52 -((A)) -C, 52 -((A)) - 50A, 52-((A))-52, 52-((A))-63) and 131.06± -acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. 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. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52 -((A)) -C, 52-((A))-50, 52 -((A)) -50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50 -foot green strip enhancement area, the general location of the 10 -foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 30, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4, The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. File #4928S/Silver lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 3 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50 -foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50 -foot green strip shall be enhanced with street trees that are a minimum of 2 -inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50 -foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10 -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10 -foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10 -foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10 -foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 5 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if ,.his improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. . i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre- emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on-ramp, to include the relocation of the existing Route 37 northbound on-ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4, The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52 - File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or caul-_ fnr the coin3truction of the two-lane urban road connection- between onnectionbetween Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1— Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7a' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off-site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 13(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non -appealable rezoning File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25,2008; Revised January 6,2009; 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2, The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: ':�f % , �= ��' �YieenCL e Date: / 7! G i Commonwealth of Virginia, City . ounty f i rec(e.V-I'dcs To Wit: The foregoing instrument was acknowledged before me this -1+0 day of 202j ` by _ O V`Y1P5 R. LQ f I Lr y1-,= ,NAO-'nagey- c Notary Public My Commission Expires Feb-2-Q,Lo; Z P,tGi5f YC' c--, # 263(G 10 (a File #49285/Silver Lake LLC Rezoning 1 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGEN PHASE 1 PHASE 2 PHASE 3 PHASE 4 B7 OTHERS DIM ROBBING TRAIL LEGEND A t A Tvlorl p�PTIoh r 60' GREEN STRIP �o'�N 60 GREEN STRIP z I Vii... ..... .......... .................. ;:.:::: . FL F :::::r:::::::::::::::::to.,::::.r•:r::'::::.::.::.-:::: 2�D z a , W � �OQ� J B2 DISTRICT £+ 82 DISTRICT..., 9 �\ .�-4Rxo8Atw AnoN ,;j. ': \, vA9lIV� OPkx /vACKANQA �\ 1 W + 1 , + 60' GREEN STRIP �o'�N 60 GREEN STRIP DATE: Mamh 30, 2008 SCALE: NTS DESIGNED BY: JNT JOB NO. 49288 SHEET 1 OF3 z I FL F z W � �OQ� J W W OoxaW (.:-- N w ul H = W DATE: Mamh 30, 2008 SCALE: NTS DESIGNED BY: JNT JOB NO. 49288 SHEET 1 OF3 NOTE: I THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. LENGEND 10 ASNPSTg1ANALT BICYCLE & PRUEFACILITY - _F; OgNAMENTAL TPEES ORNAMENTAL SHRUBS ------------------------ Ln 1311 --------------------- Rr11 30' MAX --- R/W INTERSECTION OF ROUTE 50 & SPINNING WHEEL LANE Ed w _ 3w z� L� y �I 60' GREEN ` j 1 STRIP -- 60' GREEN STRIP --- — — PHASE 1 -- -- -- � - --- -_-_ --- --- --- -- -- -- -- -- ----LEFT TURN LANE- ---- --- .__- --- --- -- - ---- — -- -- � PHASE 7 LEFT TURN LANE SIGNALIZED -- INTERSECTION INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD �' < -- I- _._...-- 50' GREEN STRIP -- -- --- >�. --- 50' GREEN STRIP -PHASE-4- _— -- - THR000H LANE PHASE 2 RIGHT TURN- LANI - - -- - -- `- -_ _ _ PHASE. 4 _ _PHASE 4-THRC UGH LANE - ---ROUTE 60 RIGHT TURN LANE --- --- PHASE 2 PHASE 2 LEFT TURN LANE LEFT TURN LANE SIGNALIZE INTERSECTION z z L cc W W z / V Z W mN� z91 LLIy iii I IBB CIE z Z 2 0� a 0W W W 9�o W U c� c U ow N IC w C7 I� t7 DATE: MS -h 30, 2099 SCALE: NTS DESIGNED BY: SNT SOB NO. 49263 SHEET 2 OF3 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ) 4/ L FREE FLOW1161, P\IOH4 � f l , fi --J EX. SIGNALIZINTERSEC ION 46 ED IN SECTION f 9 PHASE 2 Srd WEST BOUND' rtAN PHASE 2 DUAL LEFT TI / LANES - SIGN CONTROLLED FA INTERSECTION EX. SIGNAL,ZED`INTE,SECTION PHASE 2 DUAL RIGHT_TURN LANES -----f �� \ / SIGNAL CONTROLLED. - DATE: Naroh S0, 2008 SCALE: NTS DESIGNED BY. TNT TON N0, 4928E iHrET S OFS HOSPITAL CAMPUS = W Lu 0 Z s� \`\ \ W a a W/ TAPER PHASE 2 RT ST RIGHT TURN INTERSECTION EX. SIGNAL,ZED`INTE,SECTION PHASE 2 DUAL RIGHT_TURN LANES -----f �� \ / SIGNAL CONTROLLED. - DATE: Naroh S0, 2008 SCALE: NTS DESIGNED BY. TNT TON N0, 4928E iHrET S OFS Frederick County. Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. 1 Date application received ;? Application # Complete. Date of acceptance � Incomplete. Date of return 1. Project Title: Silver Lake, LLC Master Development Plan 2. Owner's Name Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering, Inc Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Greenway Engineering, Inc Company: Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 Contact Name: Evan Wyatt, AICP Frederick County, Virginia Master Development Plan Application Package 5. Location of Property North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) 6. Total Acreage: 370.02± Acres (MS District 131.06± Acres and B2 District 238.96± Acres) 7. Property Information a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52, 53-A-63 MS District (131.06± Acres), B2 District (238.96± Acres) Res] dential/Unimproved CCRC Commercial Retail/Office Property Identification Property Uses Numbers North Refer to attached adjoining property owner table South East West f) Magisterial District: Gainesboro 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ 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 submission of my master development plan application. Signature: J Date: (D q -- . 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, 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) Silver Lake LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street, Winchester, VA 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 No. 090001536 on Page . Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: 50 Block:A Section: & Parcel: 52 Lot: C Block: A Section: Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: & Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway En ig neering (Phone) (540) 66,2-4185 (Address) 151 Windy Hill Lane, Winchester 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 modified. In witness thereof, I (we) have hereto sett my (our) hand and seal this441 day of JL)Yle , 200 °�I Signature(s) State of Virginia, City County f Fvp&v4r-L- , To -wit: 1, Dbnn - L • Wiso a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ackn edged the same before me in the jurisdiction aforesaid this 444A day of JOyw- 200_9. M Commission Ex ires: 1�C b. 2q W f 7— Notary Notary PubliccjiZqf,/G(o 4�% JJSVJ a ioiil l Il 00,0'- N� �. �C` • +til •�, ; -10