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010-08 Governors Hill - 39.7 RA to R4-238.3 R4 to R4 - Shawnee - Backfile
N m m cd u o o = Y O Q � , �nN�NII � v � tp i ;zu� N CC3 C) wa�3� RECEIVED FROM _ ADDRESS ❑ FOR R JFOR _ DATE NO. U 6 41 ',,S O'J o,, t14, QNDnNAo,n} . AMT OF77E CASH ACCOUNT AMT. PAID BALANCEDUE c �t'l ARS $ cJ cJF 5 RO it>,',in0. -3� 1 JO• 11\l, 61 9r� BY I7 L S2S��7G REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis J Adjoiner List c/ File opened Fee & Sign Deposit L—� Deed lat/S rvey axes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID #�5 9 v UNTY of F> ,EDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 February 2, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #10-08 AND MASTER DEVELOPMENT PLAN 908-08 FOR GOVERNORS 1-HLL Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 28, 2009. The above -referenced application was approved 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 Rezoniag tt 11-05. The proffer originally dated March 24, 2008, and last revised on January 9, 2009, that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Furthermore, Frederick County administrativelyapproved the above referenced master development plan on January 30, 2009. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that a site plan is required prior to the development of These parcels. i am prov*dingyou with four copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. The subject properties are located approximately one mile east of Interstate 81 on the south side of Mil ]wood Pike (Route 50 E), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District, and are identified with Property Identification Numbers 64-A-83, 64-A-83A, 64-A-84, 64- A-85, 64 A-86 and 64-A-87. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisot Lawrence Ambrogi and H. Paige Manuel, Shawnee Magiste; iai District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Carpers Valley Development, LLC, 480 Jubal Early Dr., Ste. 330, Winchester, VA 22601 Governors Hill, LLC, 480 Jubal Early rn., Ste. 330, Winchester,VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION #10-08 MASTER DEVELOPMENT PLAN #08-08 GOVERNORS HILL MW Staff Report for the Board of Supervisors Prepared: January 20, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Plainer John A. Bishop, AICP, Deputy Director - Transportation 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 Recommended Approval 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 Connnunity) 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 908-08 January 20, 2009 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 it approaches a land use setting that is increasingly more residential in nature. Allowing a 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 910-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 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, 20118 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 January 20, 2009 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 continents 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 uncornpacted 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 January 20, 2009 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 nurnber 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 pedestrianibicycle 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 281" 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.Enviromnent, 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 408-08 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 buses (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 December 30, 2008 from Roderick B. Williams, County Attorney. PlanninI4 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 & Zoning: 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 #11-05 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 #08-08 January 20, 2009 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: On the version of the Eastern Road Plan prior to this rezoning there were no roads planned on this property due to the Golf Course use at that time. This development's proposals led to an update of the Eastern Road Plan in this area as the Board of Supervisors strived to work with the applicant. 3) Master Development Plan (908-08) 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. 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. The residential layout should be re-evaluated to ensure that it Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 8 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 Suitability/Environment 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 Count 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 Weikel t-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, December 8, 2008 and January 9, 2009: 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 aligmnents. Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 9 • 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. • Prior to the Property exceeding 1,285,000 square feet of commercial building floor area, the Applicant shall submit to the County a revised TIA for the Property. 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 fonn that is acceptable to the County and VDOT. 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 modifications 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 #1 - § 165-71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planried 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 -- Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 10 The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential connnunity 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 cor nnercial 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 coinrnercial purposes. This area has been identified as Land Bay 2 on the GDP. 2. Construction of a United 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. 4. Phasing- of Residential Development • Provides for limitation on the issuance of residential building permits. Year 1 - 140 pennits 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 281 St 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 the County. Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 11 5. Architecture, Siganaae and Landscapin • 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 System 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 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. 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 Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 12 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 :ion -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 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 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 protection for Airport operations, and shall dedicate such easement, as the Airport and the applicant shall mutually agree. Said avigation easement shall be dedicated prior to the issuance of the 1st building permit for the Property. The applicant shall provide noise attenuation treatment for all residential units. 15. Transportation (15.1-15.13) 15.1 Major roadways to be constructed as shown on the MPD. 15.2 Excluding 200,000sf 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 Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 13 800,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 aligmrrent 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 pay to the County $20,000 for transportation improvements within the vicinity of the Property in lieu of designing said portion of Coverstone Drive. o $1,000 per residential unit shall be paid towards the future construction of Coverstone Extended — after June 30, 2018, fields to be utilized toward projects in the vicinity of the property if ROW not secured for the extension. 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 .vould be completed front Milhvood 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 Bay 2. 15.5 The applicant shall pay to the County the amount of $75,000 for signalization or other road improvements at the intersection of Millwood Pike and Victory Road. 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. 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 200,000sf of office uses which may be developed at any time utilizing • 0 Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 14 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. • Phase B: Improvements at the intersection 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. 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 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 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 those road improvements that could not be implemented. The construction cost estimate shall be subject to review and approval by VDOT. 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. 15.14 In the event any proffered off -site road improvements are constructed by others, the Applicant shall provide a monetary contrition to Frederick County that is equivalent to the estimated construction costs of those proffered road improvements not installed by the Applicant. The construction cost estimate shall be subject to review and approval by VDOT. The monetary contribution shall coincide with the commercial area threshold that triggers the off -site road improvements as indentified in Proffer 15.11. 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 Rezoning # 10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 15 • 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, 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/07/09 MEETING: Staff reviewed the applicant's two R4 District modification requests. Staff also discussed how the project proposal implements the Board of Supervisors' requested change involving the Eastern Road Plan and the extension of Coverstone Drive to Inverlee Way and how the project allows for scaling back VDOT-funded improvements and possibly allows the reallocation of revenue -sharing funds to other county projects. Staff also reviewed several areas of concern regarding transportation which included: 1) the scaling back of commitment on the design of relocated Route 522 by placing a time deadline that did not exist in the original proffers without a value compensation; 2) the lack of access management on the proffered section of Coverstone Drive; the graphics depict entrance spacing of approximately 800 feet which is insufficient for the long-range purpose of this roadway; 3) the expansion of developable square footage should be tied to roadway function and not just trip counts; 4) the lack of full funding for improvements at the intersection of Costello and Prince Frederick; 5) the absence of a trigger for participation in the Victory intersection; the proffer could be improved by adding flexibility; and 6) coordination at Sulphur Springs Road. One citizen spoke during the public comment portion of the hearing. Ms. Serena (Renny) R. Manuel, the Executive Director of Winchester Regional Airport stated that as part of the 2005 zoning approval by the Board of Supervisors, the applicant had proffered to include mutually - agreed upon language to establish an avigation easement over the entire property in order to protect current and future operations and growth of the Winchester Regional Airport. Ms. Manuel said the two parties have still not arrived at a mutual agreement on the language for the avigation easement and she requested the Commission include the Airport's comment letter into the application as a condition for approval. The applicant provided responses on each of the issues raised by the staff. In response to staff s comments about the expansion of developable square footage being tied to roadway function and not simply trip counts, the applicant suggested the issue be handled with a 527 application adjustment where a TIA is done and provided as information to the County and VDOT for plarining Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 16 purposes. Regarding the avigation easement, the applicant believed the current language was too convoluted for lenders and future homeowners; however, he believed an agreement on revisions to the language could be reached. Members of the Plamling Commission believed the transportation plan was improved over the previous version and they were satisfied with the proffer revisions. They supported the Inverlee/Coverstone connectivity because it provided a much safer alternative to the Sulphur Springs connection. It appeared to members of the Commission that the concessions made by the applicant dealt with most of the issues raised by the staff. However, they wanted to make sure the airport was protected and thought the remaining concerns could be worked out. Commission members unanimously voted to recommend approval of Rezoning Application #10-08 together with Master Development Plan #08-08 for mixed use commercial/residential with revised proffers and two waivers, Section 165-71, Mixture of Housing Types, and Section 165-72.D, Conunercial and Industrial Areas, and also including: the applicant's proffer that an amount equal to the cost of designing the 800 feet of Coverstone Road will be turned over to the County if not used by 2018; the acceptance of the applicant's proffer to concede changes to Proffer 15-12; the acceptance of the applicant's proffer to do a 527 application adjustment; and the completion of the avigation easement prior to the first building permit. STAFF CONCLUSIONS FOR 01/28/09 BOARD OF SUPERVISORS 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 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, it is important to note that this version of the Eastern Road Plan exists due to Board cooperation with this applicant upon the previous rezoning. At the request of the Board of Supervisors, this application modifies the previously approved road system to one requested by the Board. This action has a number of positive impacts as follows; 1. Addresses the concerns about the road system previously raised by the Board. 2. Creates a situation that will allow for the scaling back of certain improvements to Sulphur Springs road, which will potentially free up funds for use in other areas. 3. Frees up revenue sharing funds at the intersection of Route 50 and Inverlee Drive for potential use elsewhere. A number of smaller transportation issues were raised at the Planning Commission meeting on this item, but the current proffer package appears to address all of those issues leaving no outstanding 0 0 Rezoning #10-08 — Governors Hill Master Development Plan #08-08 January 20, 2009 Page 17 transportation concerns. Following the required public hearing, a number of decisions regarding this rezoning application by the Board of Supervisors would be appropriate. Decisions needed by the Board of Supervisors for the Governors Hill Rezoning Application: • Modification 41 - § 165-71. Mixture of Housing Types Required • Modification #2 - § 165-72.D. Commercial and Industrial Areas • Rezoning 910-08 with proffered MDP 908-08 • Waiver of §144-24C — to allow commercial lots to be subdivided on private streets. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Governors Hill ReZoning 8 Master Development Plan REZ # 10 - 08 Et MDP # 08 - 08 PIN: 64-A-83,64-A-83A,64-A-84,64-A-65 AA-e-RA AA-e-R7 Case Planner. Candice Future Rt37 Bypass Zoning M2 (industrial, General District) QApplication BI (Business, Neighborhood District) - MHI (Mobile Home Community District) Buildings B2 (Business, General Distrist) • MS (Medical Support District) _ Urban Development Area 41M B3 (Business, Industrial Transition District) 40 R4 (Residential Planned Community District) #***.p SWSA - EM (Extractive Manufacturing District) • R5 (Residential Recreational Community District) - HE (Higher Education District) RA (Rural Area District) 0111, M 1 (Industrial, Light District) RP (Residential Performance District) 0 1,250 2.500 5,000 Feet � t t ��Q • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA -- - -. . ..... To be completed by Planning Staff Fee Amount Paid $ .� Zoning Amendment Number Date Received II 6 '- PC Hearing Date BOS Hearing Date 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. 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 Comments X Plat X Fees X Deed of property X Impact Analysis Statement X is Verification of taxes paid X Proffer Statement X 0 • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. 40 0 Please list below all owners or parties in interest of the land to be rezoned: Carpers Valley Development, LLC Miller and Smith at Coverstone, LLC 6. A) Current Use of the Property: Undeveloped/Vacant B) Proposed Use of the Property: 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. PA 0 0 • 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; 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 IIome N/A Townhome 128 Multi -Family 422 Non -Residential Lots NA Mobile Horne NA IIotel Rooms NA Office Retail Restaurant 385,000 900,000 NA Square Footaize of Proposed Uses Service Station Manufacturing Flex - Warehouse Other NA NA N/A N/A 3 • 0 • 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. Applicant(s) _ - �— Date Z-- Z �D�,Y • 0 L� • Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Plam- ing 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 inforination 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-123A Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-123 Winchester, VA 22602 P-J 0 • 0 0 Name: Potomac Edison Company 10435 Downsville Pike Property #: 64-A-124A Ha erstown, MD 21740 Name: Trustees of the James Peyton Darlington Trust 1543 Millwood Pike Property #: 64-A-122 Winchester, VA 22602 Name: Lloyd Fisher c/o Mary E. Washington 813 N 18th St Property #: 64-A-116 Harrisbur , PA 17103 Name: Raven Wing Homeowners Association P.O. Box 888 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 Name: Robert A. Frazier 1427 Millwood Pike Property #: 64A-7-1-13 Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-12A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-11A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-10A Winchester, VA 22602 Name: Raven Wing Homeowners Association P.O. Box 888 Property #: 64G-2-1-63A Winchester, VA 22604 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-8 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-7 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-6 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B, Rodgers 178 Grand View Ln Property#: 64A-7-1-5 Clearbrook, VA 22624 Name: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-4 Winchester, VA 22602 Name: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-3 Winchester, VA 22602 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-2 Winchester, VA 22603 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-1 Winchester, VA 22603 Name: Helen J. Sempeles Trustee 107 Roszel Rd Property #: 64A-A-12 Winchester, VA 22601 Name: Winchester Outdoor 355 S Potomac St Property #: 64A-A-13 Ha erstown, MD 21740 0 • • 0 • 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 Stephen City, VA 22655 Name: Prince Frederick Group, LC c/o James L. Mcilvaine, Jr. 6231 Leesburg Pike, Ste 600 Property #: 64-A-896 I Falls Church, VA 22044 �G eO° 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) Carters 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 histrument 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 address) 117E 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 thereof, I (we) have hereto set my (our hand and seal this day of lz,) �%� /%� W " � �! Signature(s)9 �//.�XX.(.� � G 6i� ' State of Virginia, City/County of ,To -wit: h xJ J- 1 4 . 1, :LA IM m L 2 a Notary Public in and for the jurisdiction aforesaid, certify that the that who signed to the foregoing instrument person�� appeared before me and he acknowledged the same before me in the jurisdiction aforesaid this 3 _day of q/"ffl— 200 8__. L/I�Aa,d 14- My Comnussion Expires: rChRo19214a �?, cW 12, tary ublic iz�g-# t s 7 q7y 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 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: 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 �ddress) 117E Piccadilly Street Suite 200 Winchester Virginia 22601 act as my true and lawfid 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 snake 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 j- day o 20 Signature(s�)3z lyeu,5�� State of Virginia, gty/County of fin% i ouch pstc0- To -wit: J a h;6 T Al PA I, /Ili c-h 24 E 1 0 - L-Lig rn m b-A —,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally before me and has acknowledged the same before me in the jurisdiction aforesaid this 3 day of(�P�, 200$ . G"� My Commission Expires: % /°}2�I o®nU .a18 O 1 '2 �ta Public 2t'g.Tr-l57q"ty r; 0, Ill PROPOSED WAIVERS 1. Waiver of Sec 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 f Secl'on 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: 1. Location of private streets subject to modifications at the time of final engineering. 2. Cove store Drive shall be constructed in ccordance with Section 15 entitled Transportation of the approved proffer Statement on Sheet 4. 3. The following street names have been reserved by the Frederick County Department of GIs: - Pendleton, Swanson, Tazewell, Cohen, Darden, Pollard, Montague, McKinney COMMERCIAL AREA DIMENSIONAL STANDARDS: 1. Maximum Height - 60 feet 2. All other dimensional standards shall be In accordance with B2 (General Business) zoning district regulations. UTILITY NOTES: 1. All Utility locations Including storm water ponds are conceptual in nature and are subject to change upon final engineering. 2. Sanitary sewer and water available per FCSA. 3. All utilities will be placed underground. ENVIRONMENTAL FEATURE NOTES: 1. Open Space Summary for Commercial Land Bay: 161.10 Acres - Open Space Required (15%): 24.17 Acres - Minimum Net Useable Open Space (50%): 12.09 Acres - Open Space location to be finalized at time of Site Plan. 2. Open Space Summary for Residential Land Bay: 116.90 Acres Open Space Required for Residential Area (30%): 35.85 Acres Open Space shown on MOP: 35.85 Acres Net Useable Open Space: 27.42 Acres - ---------------------------- e0' rcmc BUFFER Prvpe-i Laa U.. IO-�---- PlanrgreennI n SFaced ApoR' Planitl o EaMMrmI e' N HeigaL 1a' IFV.aIA'E euFFEEI� n E.laenq Prope,ty llna RpM-.I-Wry Una Nme: Eus,ing d,,aliov-V.r..oval vcgc,n,i.v odraav[ to Rama 50 miy ven r.a.50ent id,aader6cieocy bNidwyb. ,d 1.11ml-ifiM wg. Areasalong Rout. SU which ,b i,e i maul ,i,a r ncy bu06r x1uH be verified widr PWuning Statf at time of SuW ivi,iov Ocxigv Play. TYPICAL (REDUCED DISTANCE) ROAD CATEGORY "C" ZONING DISTRICT EFFICIENCY BUFFER BUFFER (FULL SCREEN) NOT M sc4 Nor la sa Governors Hill PRELIMINARY MASTER DEVELOPMENT PLAN COUNTY OF FREDERICK, VIRGINIA SHAWNEE MAGISTERIAL DISTRICT "q`4}2i}3 *r:-_ - '�;'=F-•C�7"'r�.�?'� �`'._ _ ir: - Ir^r_"a".-_. .�::5 f�. rl t �[ 4. n \�7 Z "t i+at;�txa. Yr>lx Ka fF r tl siul�l' �J'�`>ar t n r.•. i:Yrt°,Tl"ti">atKr gx- xj' •, v',ly 1 8 ry ,r• ,k tat �,5 TrE..�, _ - ? J ice; a -� 3 1 qr 1( 1 yr ,}e3es7. fEtR i l p! 1 tS ar .J zz VICINITY MAP 1e=2000' MARCH 2O08 REVISED DECEMBER 8, 2008 SHEET INDEX 1. COVER SHEET 2. OVERALL PLAN 3. MASTER DEVELOPMENT PLAN 4. BOUNDARY SURVEY & APPROVED PROFFER STATEMENT Phasing Schedule (Per Proffer4.1) Year I - 140 building permits Year - 140 building permits Year' - 140 building permits Year 4 - 130 building pemlits Note: Any permits not issued for a given year may be carried over to the following year, however the Applicant shall not make application for more than 200 building permits in any given year. Project Summary Total Gross Commcmial 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 or. Single Family Attached Housing Units (SFA): 422 General Notes I. Contour Interval shown C,n 5'. 2. All Public Roads' to be built to 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 Ree 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 swimming pools, and dog park shall be completed prior to the issuance crthe 281st building permit (proffer 4.3), LEGEND r VEIneULAR CeCUEYCUUTION PRIVATE vEIIIaLT.AR rlartn ulDu ®C-LVONROwt CfTNLiTIONROw wtshtn LANU tlAYHWNUARI PRO - Bo -Any OF -V LOCATION OF PROPOSEOTION' v.'ATF.R.cImFArF ELEv.anuv ECInNO SrREA I E VsMa ML_ SPACE(- OPEN SPACE l..f PReORONRED:IP. tiiPRla-1) P FDARFAmR 1 IM DEVELOP?lET STFFP.SI nPF. _ PROPOSED SAN. sE110LE swml AL14f10LE PRnmsrnwATrR ALUN L.unn+as.i•TrAR,- rosee- - ©bYOR -un 1A.4A w.. bm: DS TRAFFIC sl.NAL wA ATIOMN (PN 11 LR PL?1P STYSI oAs- Owner and Applicant Owner and Applicant Carpers Valley Development, LLC Governors Hill, LLC 480 Jubal Early Drive, Suite 300 480 Jubal Early Drive, Suite 300 Winchester, Virginia22601 Winchester, Virginia22601 (540(722-9566 (540(722-9566 John T. Conrad Dale John T. Conrad Date APPROVALBLOCK H Opv� I M.I. at MA, aM E-t"'d 0a1e 1 County Ad,rdaAaly pale MARK W. THOMAS r, Cert. No. 916 F Patton Harrls Rust & Assoclates,pc 9�dsCq PE AR��1��� Engineers. Surveyors. Planners. Landscape Architects. 2oaPH + Lee Church Street, S.E. Leesburg, VA 20175 T 703.777.36,6 F 703.777.3725 13415-1-0 Sheet 1 af4 1 - ;, 1 _ - - - -_ ____'_-`�•�,' -______ccamT� __ -_ _ _ - _- _ ,- _ - ,r _ - f 1 -�r "S 11111r 1 - - _ -- _- •�,�•;%�:;,,;`r;;;�lf - - _ '�• {a'� , ail '��'r + -- _ --- r _ 1 " fi -- - r- r' r r . .. r r i n•r, r r _Land Bay - F - _ x o - _ j 1 p,,,, l _ y - ' L.BRd . ua7 ,. _ ( � 1 1 F 6. ran O,al. E �f " •r :M1r p - - L , r ry,r r , F / 1 maw Fjo36 r is ;aZ, 29 r�t«o5rn�fxs�LE6'`1rE''^ '�•. t.44am.pre;lv„i ` _ ,,•,,/. __s:�: �3- �/" =3 i - 7_'� - - s�. _ ---- --- ',Ifk, (1e _ - ''� �.%!-i ;•', :gin\`, - iY1016''m _ - -__- - ----------- ,l _I rl," Rsir91fD11 ,rF." - _ _-- efiuc' - /. - - `War+onlVa+.1}Q4 •-_-/ 31 _ aiRdc'%i - if - / - _ / 33 = = ---- - / -WNCNE$YER REG,OALARPORr ' £_. ,'-;.______! - _ ;' ,- _ _ `• •� / __ __ ____ ____ ___ ___�'��-_l','-. ,, ---__• � �- i ___ - ___ _ ''��=-; Sri-`__-_'-�_''=,'•-: !,' _- ,'__-) - � c-------------� SCALE '1 -- — - - 600, 300' 150' 75 V 3W 600' 9w I � I e rr rr r iO1^� rrr,rr nr ✓ rr mor; r vrwR �'a: r rror.a,4 s oI` r sssq KEY LOT OWNER DONE USE 1 W 7 1 2 KAKNIS, JOHN H 6 CHRISTOPHER BROOKS RP RES 2 W 7 1 3 HARTLEY, DOUGLAS ALLEN RP RES 3 64A 7 1 4 HARTLEY DOUGLAS ALLEN RP RES 4 84A 7 1 5 JUDY BELLE I CJO RODGERS JUDY B COOK JU RP RE S 5 64A 7 16 COOK JUDY BELLE / C/O RODGERS JUDY B RP RES 6 64A 7 1 7 - COOK, JUDY BELLE I C/O RODGERS, JUDY B RP RES 7 W 71 6 COOK, JUDY BELLE / C/O RODGERS, JUDY B RP OS 8 e4G 2 1 e3A RAVENWING HOMEOWNERS ASSOCIATION RP RES 9 64A 7 1 10A LAMBERT, GEORGE G 3 KELSA R RP RES 10 64A 71 1 to LAMBERT, GEORGE G 6 KELSA R RP RES 11 64A 7 1 12A LAMBERT GEORGE G 6 KELSA R RP RES 12 84A 7113 FRAZIER ROBERT A RP RES 13 64A 7 1 14 FRAZIER, ROBERT A RP RES 14 64A 7 1 15 LOY, DAVID W RP OS 15 64G 2 1 52A RAVENWING HOMEOWNERS ASSOCIATION RP RES 16 64 A 85 RICHARD DICK RA RES 17 94 A 116 FISHER, LLOYD EST / CIO MARY E. WASHNGTON RA RES 1s 64 A 122 FISHER, LLOYD EST. I C/O MARY E. WASHNGTON RA RES 19 64 A 124A POTOMAC EDGON COMPANY RA - 20 64 A 123 PERRY ENGINEERING CO INC RA VAC 21 64 A 123A PERRY ENGINEERING CO INC RA VAC 22 54 A 124 PERRY ENGINEERING CO INC RA VAC 23 64 A 132 RUFFNER. TERRY W i LOTS J RA RES 24 64 A 133 LONG RAYMOND 8 TANYA C RA RES 26 64 A 134 LONG RAYMOND 6 TANYA C RA IND 26 64 A 81 WINCHESTER INDUSTRIAL PARK, LLC MH1 - 27 64 A 81A WINCHESTER INDUSTRIAL PARK, LLC M1 IND 28 64 A SOL IR G R, LLC M1 IND 29 64 A 80K MAIN OF WNCHESTER, LLC M1 IND 30 64 A 800 BLUE RIDGE INDUSTRIES Mt IND 31 64 A 80J CAMPFIELD, U.C. M7 IND 32 84 A 82 COUNTY OF FREDERICK R4 ARMORY 33 64 A 79 WINCHESTER REGIONAL AIRPORT RA AIRPORT 34 54 A 87A COUNTY OF FREDERICK R4 GOV >S 64 A 89 FREDERICKTOWNE GROUP LC C/O RICHARD DIELE B2 VAC 36 84 A 89B PRINCE FREDERICKTOWNE GROUP LC CIO JAMES L MCLVAINE JR. 82 GOV 37 B4A e6 WINCHESTER REGIONAL AIRPORT RA AIRPORTI >a 64 10 3 KAREN BARRETT- PERRY ETALS BZ VAC 39 164A A 12 1HELEN J. SEMPELES RP VAC 40 164A 7 1 1 JJOHN H. KALENIS 6 CHRISTOPHER BROOKS RP VAC 10' ASPHALT PEDESTRIAN BICYCLE TRAIL NTS r rt aor cce -- n ray rr narru. rslnl -i 1' lb" Y i— r rr-. r m r,,, memo c.• Ixw \ \ r wm ar-ue J / / iu w011r"w:i'' nw w,r, acom� � r wor w.a � / / � irr \ _-- r yr ar-a n+c.u..p mrors rrrvr wo •ma.r urge rrmo r �xoo ra o oua �� roo.rum A'mrorc rarvi.w 'a-, mrx Xl' EIBIfIY/ n aroa r.,aa .,a. a� a.a � r ai r'-• �•, _ `r ra r w TYPICAL PUBLIC STREET 1000 40 m TYPICAL PUBLIC STREET 400-I000 ADT TYPICAL ALLEY TYPICAL PRIVATE STREET 20'EASMENT 16'PAVEMENT COVERSTONE DRIVE SECTION (4 LANE SECTION) ors NTS NTS NTS ADT= 10,400 VDP Design Speed 40 MPH 1 REWSED PER COUNTY COMMENTS /24/0e JWP PRS 1,T13Opp igc Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. Governors HIII NARK W. THOUSl + i Lee Church Street SE TT A OVERALL PLAN MASTER DEVELOPMENT PLAN r, Cert. No. 918 F +, Leesburg, VA 20175 T 703.777.3616 REVISION No DESCRIPTION DATE REVS'D REVWD OSC�PE AtLCO`4 IF703.777.3725 FREDERICK COUNTY, VIRGINIA OESICN SURVEY TEAM PHR*A DRAWN DATE TEAM MARCH 2O08 CHECKED FIRS 1* 1' = 300' SHEET FILE NO. 2 OF 413415-1-0 REZONN PROPER TY: PROFFER STATRAtf!NT G. RL. e_ R4 and RA m R4 2780 A. al : Ta MV & Parcels 6 A-93, 83k U, IS, 86. and 81 (1)11"�PmY9 OWNER. Cap- Valley tt-,ipmm; LLC and GI,- toll LLC a Cmpaa Valley Dc b,m,ml 11C ak Gen -our Kill LLC NAME. Oov-.n HJl ,DATE OF PROFFERS. Mach 24, 2WS REVISION DATE'. Si,,- 2, 2008, Ocmba It. 2%8, D-I I, S. 2M Thc i,l,J- nor ow m hveby p.ffv mat the use aW dcvelupmmt of Nc .N- property C'Pr.pary'l. a dexnbm shave, AaE b< in wvfowm=e m. Nc Wlawng mndinova, wl,.m shall wPvsvle ell Dour pwffas Nat may love hero made prim h-m. im Ne ccel Ilia Nc about r<farncm rcmrm4 u wl grin- u appym fro by Ne APPlmnt C'APPliein,j, Nne poQm mill he dmvm wtthlrnv m1 nag be v ll and void. tuba, man ] . t as ere wv,N , I ,n fiam «m &y of Ne Pmpeay "II-nil Running' definm u Nu running Na is m eRn-, tin Ne day uP°^ which Ne Prmmck Comry Boad of Comry Supaviwn (roc "Boad'T �avu th<rcxavivg. Thc bcadmgs of Nc Pwffm set (nM below Lave Le<v prmmm kr rnnvmieme rt femu:e omy roil shell m -oval or affat the auning or be uicev u m N:aprnd i I , pr.sIf d of Nc pmHm The I . I f ( cob ,mead ha® mill be Pmvldm a Ne time of developmmt of Nat Partin of the PmpvN adjacent 1. a utcluNne Ne Imprav-cu m omen pmQam rcquucmm[. Iml<a -'. ib spaiem hvan. The term "Applicant a mfamcm hanv sbil I«Ime wimm w rosining m fmmc owns, ssngw, and rvccawn m ivtvev. Whin vrcd m t1- Pwffm, Nc 'T.fava D hIl' P ml Plan, shall refer m R Piro myJm'Tfssla Dcvebpmm[ Plm G.va-,s Hill" Pmparm q Patten Hams Rlav & Aarociatea, (Ne "Iv4�P') dorm NI-h 1 LAND use 1.1 The ,corm shill be dnlgnm m evabLsh ivtawmeum mum -use r<admtiil and w-ieLcmpinymmt Iald Bays ie gercral cavformmce wiN Ne MUP, mJ ss u apa16W1Y ry form b Nee pwQaa mblcm t mdi[iuyom a v<rmry upon And mglnarme ieludmg but va Iwi1d tv m1-robin aLgvmmb. 1 2 All dm'elwcmml, trcllldmg rocs Imdl shall he vmompltid . genail wnl.rmmce win IN, `-i, and IXvebpumt Slmdadr fro G.vvnnm Hill, prryam by P-A -Iil hmeo ed mcoryvrad hnein by :efmmce (Ne'1Jevgv and Dexcbpmmt Stamad.'l 3 Rerdrnnal we mall he pmhibttm in Ne are id -I as Ind Bq 2 m Ne M1IDP. Ftummn. It I� (R 2 ram be rerotam m thou bras tb mF m the G,C,, Bl:amm X. emutg Cizbkl u specifid m me Prmvwi Cwmly Code Amcle %, §165-82Bt1J. l 4 EzI,, . mod , haciv arcs of taidmyd development m Nc Prapmy shall be Lmitm m Ind B., 1 roil .hW be developed b cc wN IN, mgNaemr of me Rmdrnliil Phnom C-bibbly CR4'I roving diama, ivclulfmg pem -bl. bowing typo m bra the Frmmck Cowry Cade Mcle VIL 1165fi' -Vi §165-P., a ram-mfamcm N Amcle \T, §I65-K -,,h §I65 66. IT,, types roil lot lsyolnr vitb:a Inkenya: I.aW Bays mry comprise my of me permiem •ant [yen n set foM w the Dvlgv roil Dcvelopmmt Slmdvsts, and mmor>zm fa the R+ dismtt and lean Puffin 15 Rmdmtid dr bpm. m [h< Pmpmy duaB not acml 550 dwdlivg uviy w:N [ h. Ih tops Pam,I D m N i b, dtstricx MWy- family ^^i d from by he Dmm am Devclopmem S- IN, m1 uceed 50'. f i W ba of dwelling umu duebpm m me pm.mt N -din il ( A be closes thin 2000 fro from Ne cmle,Iive N ang -lintsI, Auport -away m me Pwpertv shall cad a mtil huJ .vg G f 1.285 Opp ryuve felt 'No a�lmm of eEd our afi d TLc tool pawnor mwvacial bwldme Boor vu p d 6 me 1 -1 .1' b i, baflic 1 all h h kmtifia me ®➢+=b f yips fa d (AIIT) ill P lopnm of +S,g 15 Average D ly T ps (MT) ad ygwm far raid Impab u pwvldm by me App.iCSt w a krm tL, u acepuhle m tirt Cowry elk VTMyT CONSTRUCTION OF A UNIFIED DEVELOPMENT 2 Th<Ywpa[v rota be devckpd a o.e rmglc roil miam drebpmmt ..-- rosin yphubk orduuvcn .m mg.,lmom fro Nc R+ vmg dlmcl me MDP v approved by the Mad ml duo Pwffa Stamen, l ACCESS TO ARMORYPARCFI. 3 1 Tk A,hI- mill deign ark mnmucl a two bin pubbc -airway, Idmehm on me NmP a Pm,tI- Dnve, Ili. Arbor Court m IN, I=of h A,mmy S,te OM 64-A-V) m mircide - III - of me Armory At srah time mat Ti-Ll Rom u acid m amr m P.dl- Dnve . d<piam m Ne 3. P, IN, Apptiravt shall --If Pmdlemn Dnve m -rant - T-11 Road. 4 PHASNG OF RESMENTIAt DENELO- 4.1 BIIlldmg Pmmu fvr Ienl JI 1 of me Pmpaty shall M issued o. IN, follcwivg phazivg r<NMJc. Ym I ins 112 : 1` build Yca 2 (Nd.ems I l 24). 130 btlBAmg Pa I ZY 3 (M N 5-36): 140 bn k g prom. Yra4(M era ) a8): 1306'kl' g Il-1,i The spore dme6m phaing vhmWe is taken Gom the Date of F'mil Raining (DER) Avy building pamib rot issuW wimw my given yin, vuY be caaim ova to IN, klbwutg K IN,- me Applicant mall - mace application fro mom Nm 200 raidmyd buitbii, pvwb m my pvm Year_ 4.2 Cnmmac§d am enWlaYmrnt roes may be co-IM v my bme. 4.3 Impmv including a 3,000 s iil, f-t co �ry trots, 3,1W squaw fccmvf neigLltorhwd awimmiog p-Is, ck a dog pink shall be sad N conJun:Jvv win ,nkeveil development b Lod Bay 1 aCs Ne Ind mm<f.r atoll be dmicalm upon coii.. v of mI impmvanmtIi m Nc hommwtsn l- Ii n Thc lotion -1, shall be dryictm on fisal rvbNvinon plan for wch andmnd dcvclopmmc. Tine rn Door vnm a mall 4m el Ne ,eglJr-ml of 1 wit per 30 dwellagx. '11ve impwvm®rota mall be <ompinm p[ior m me issuance vEme 28trt reudmdal bwldmg pa 1 ARCHITECTURE, SIGNAGE. AND I.ANDSCAPNG: 5.1 .W busldivgs - Nc P.'-y shall be c.-- rasing .,l,mblc acNtmwil it, 1. Thc Applicant shall cvabliab o A«bimcmnl Review H.- -.,b IN,bll H vommwva roil Ropm,Y Owner Aswcaevm m be amen m ..force am tlmiviaa a worm-1,,pmm1 plm w fmi il covfolmiry win me I)im , and Dcvelopm- Sbil l 5 2 Al l a®aage .nth.. me P Pmy dull be Io whsemdral cordon by wit v wmpnhrnvv< up plm Nat me<Is IbI rcWt -- of N< LolJvg O,dioame for allvaga which mill be IuLm1.cJ in cuvjumlion wN Nc &v finil site or wbdivisim plw fnr be Rnpmry 6 PFDESTRIAN P AII. SYSTEM A•ND RECREATION ARRAS 6.1 The Applicml mall design and bwlJ a public Fill--hieyo, trWl ryzlem tv Vi.ginia Dryawm of Tmllryvwnon ewadvrLa Ilia Ldn residrn,IW roil mwnte«iil ale.0 witbv Ne JevelopT. th Said t -t shill be in me I«snow gmaally depictor oo m<N,II F Nc mrnt [hat such awls h. rot depicted ov the Mti at me loot of I] Re+oving, rvch nails mall be cmnmlm with or Snkm to the imanil roan me si aw.rk. Sidewalks milt be catsamctd ov public W)OT stsevs m VDOT ImlLards, and a mtnimmn of foe -foot vidcwaRa rota be be II, 10 m ,nose rtrc-. All c.rlminm pderoia✓bmycling trail shall 10 (cn wide, roil shill have m uphill srvfie. 7 FIRE & RESCUE. 7 1 emiThc Applicml shill wvmhutc 1. the Boad the win If S422 pa dwelling r fvr &e and tome pmposq payable upon IF-- of a bull-g pmnir fvr each dwell W g wit 72 Following Fmd Re.- , Ne master NOA 1. L.,mlm b, a -Nines N,,-th mall con16- vinwlly, m or b<f- My I v .f cu yea, tb< rum o! 1- Per collmuc[ed andmyil roil and Sl- pa ION) rgvar< (em of-mtrucld eomm-iil (mI -lid- my Iand in public Ilse), m me fire and rc colrmmy pmsidillg fire respnnu rau bme Pwpary. SucM1vmnbibubon shag be m nnad ark mf.«m by m< a HOA Ilk m< Board may rryucrt m a:wwwl of such paymmu ah ymn and Ilpuo wch mndieow a u may a<tIN, -,I Said avmary c.ntribmion shill =eaze a such ems mat the fie and roe eotepasy pmvidhlg first rtxpnnze emI. m I-bb, a -1-':operation or should Ne Cowry dnpl a fmcf., service plm 10 provide &e end Ivwe smmn. 8. SG310015. 81 Tb< Al,,,h t shall -IN,tI m m< Board Nc win of $1,714 pa dwe&v4 unit tin mumbooal pmpvza, payable upon Ne uwmcc of btdldieg Pamir kr inch dwcllwg trail 9 PART$ & OPEN SPACE. 9 1 Thc A,,, I-i mall coo bme Iv IN, Rand me win of $143 Da dwelling iI fro rtaeal -1 pu,proc+, pvymle upon Ira ivuave If . hwld.H pawl fvr emh dweEbB uml 10.L®RARfES. 10.1 'Ne ApyL<avl min <onmbu:e m me &tW me win of S79 pa dwelll,t kr each dwclling 1mlt. Paymlc t� the mua.cc v(a bwldmg Pew, 11 MMNISTRATION BI DING 1: 1 the AD .r ' mall f LbIlikoa m me Board ,M win l 379 pa dN, wit biaw.rce a mg Pam+, sti<.eL r awe, w;t m b< n,<a kr <onemmem of a gmml gvvmnnrnnl amnmimanm.dking. I I CREATION OF HOMEOWI'FRSAND PROPERTY 00.TJER5' ASSOCIATION. 12.: The hmvmwnm .-r•iseov m be N, 5' mbdfi mv0 be mum coatemPrmmrt' win the Sra final ails m .ubdividov Plan -broom for me Pwpaty. l2 i The AppF- mall mabhm a Mast/ Pwpa[y Owmaa' Asr«iuim (Meiniif,,, :r. POA-) for Gavav«s Ilill, o ib mtirery, the maq mmH oN t. g; have ,emonvb 1iry fvr u g Dliaee viN dedgv gwd I'ry. ark stm�2ada vgoag: rtq - Imdscapc .� J ACY ho w pmpary m f carom Em d tvNvdu111Jy mall rob fNe Maya POA 3 Thc min po f meld - w steal be made wbjm I <.wm ovc Or a w mmass«I (. (h- a.m Ti0A7 Na mall M ,eaRvaable fo= Ne .wvashp and ,spilt .f me curry -.wiry miter vmaR:nB swlmmm8 p 1 LL mmm - lltdiag my m may b< hcd a rdam h +N vd d.d,utm m in C rya 1Naa, am 'sI g 4cilien mr dmiwm Pohl ,Ile k h yea wMm m jmidceoq am mall be povidm rum oma tespvratbl1 d d sucanpo - a ere envy for h as«tmow a u - may be Ill- ( wh HOA hacin. 12A lb admymI h olha -Id Iesy I Ji a a may be ssdgl, , m H�A ball W 1 am rnpov .Lry f I1' ill comet- If IIac N din m p bl (7 cmm�on bona loran vumdc if-d- bu ( 1 pn.m. menu smug Ne r1"ml wbo v< mcmbas o(aah uswub.q (iv) common wyd wave dP-im and mcycLn[ pmgracu, mcldmg muhadc -btip of rcEwI bra ,nave wfwc mL'meom cvmpmy, ,rod M, , -d ibiuty fro Nc yapemal of my roes, pmmav or rind Luna v«a; all of which bWf yeas lull Le low.. within cm -ma m Le grm!m m Nc HOA y planet wimm Iesidmvil m oma III,' m oNawim grmtm tobe -A by grpwpr, are wsmvvmr. 121 lie IIOA rota Ni w -h" ma It paausse N emeaay pow.. to re• sin ,tout fca era due m vuAtcimt stlw m pafow 4 rap.naibihdn adgnm m i, hotrods and inks Ne Declaleeon m be rs.[dm -aOvg rush Av«iati-. b mmu.w up.v my cmvcyame of nldcnbd d 1. Gom me builds Namf m a hams -I lI ,man mill b< a fc< pald y the HOA w Imo equal m Nrce exa Nc 1M1m cttrmm mm1NY rnidmtiil dud appGmble m the Imit w cm4e5d. 12 6 AVY cmom-id porbm of die by devclopmm[ pmp-y own.. m lcum me Ue11m Sbtn , F m k C rya man be mink ibblm I. our or mom pmpaty iauvgs) (haetnal3cr J"- m, SacL POA(z) shW & rnpovi bk [ Ili -hip « and r<pau of all mommv artaz wlttdin8 Y rya mat bu( Y be amhlbm w rnordm- h-xith rot -1l, m Nc Cowry a omen, ark avnnwaa marugvvmt fanLem (Irma rommav (upm space) own-htP) nw Jmica,m m public use fro each arcs mbj- m into juriaNcyoq and mall be provided wch other resp.nnbihdn, du[iu, and p.wm u ere cl,n.muy fa, wcL usmiadow or u may be aquimk for IF POA hacn. 12.7 m mdiym m itch -1- duties aIk bl,l-ihihtin u may be ssaigvm, shalt I_ bIIe m a POA aM Iesp. btliry fro (i) all comma. open I,,- t oNerwix dmicud Iv pubes use, (d) mmmov blzfia veal loco m otwaide o[ commaciil k., (Ili) bl Popabib" fir m< pap, ,t of my inner penmeta, m wad buQa .11 of which buffo arw shill be lomted -'I, ins-m[s m be gnnmd m IF, -A Q ,lapin wtiNin carom -id m Diner b1; err pvccla, m omerwue 8wm to Ill POA by appwp,iatc 13 WATER&SLWER. 13.1 TLe Appecmt slim be responsible fro wmntiv8 me Ropary to Wblic and sew 11 shall ftlrthv be Iespmuble fo, w wing 01 fecilitin rcquimd k. web mnmm�m at Ne Popery bozukary. All water roil .ewe NGesrructme dull be collametm b a-rdarce win the rty W remmb of Nc F,maick Comtry SaWtadOo Aumo,i[y. 14.ENVllk.. NT: 14.1 Stowwa,cr mmagmtml and Bes[ Mwg-.rnt Platicu (BM17P) kr me Pwpary dull be pmWdm b aaordamc wish the Vitgmia S--- Mmaeanrnl Rcgulanone, FIm Fd. 1999, Chmta 2, Table 2�3. 14.2 The Applicmt shW provide ..lice in .11 role lit<rau«, m mmiti.ro roil ram w fro m p mY b bill, s' l,,y omom us«tatova, ofthe mjue.cyofthe Wimbat<r ReV.v Aup.rt 1 pakcmt .hall ""'"A sin me excmyvc Duccw of Ne ALpon spca m IN -t, of a ramwblc at/ mb- ca-cm 1. p-d, r pmlmnav (.r ALpon opvatiov, roil mall dcdicalc such < as Ne Ailpnn mA Ne Applicm[ shall mutually agree Thc Appltcmrl dull pmvkc nouc attmwhw tmlmm[ fvr all InkeW,il wlu. .5 IEANSPORTAI'ION III TIN, r roadways I. b<mvaWa<d ov IN, Roperry mill be amvtructed m me Immom d,-d o. Ne MP. with «uooablc mivamrnlz pamiroed fvr &al lb'-,15 2 Excluding 2W,000 agtme feet of o1Bc< tun w.ch envy be devebpm at my yore uN.br,, I. to m<existing...Plead pardon of Covaaovc Bove, IN AWN- mall dmtgv and c-t Covmmuc Drive a a M with :ism medi>d ova minimum 90' rit N-If way. II 1,i Ne folloowing phasing schedule PIIASE 1 Phue 1 shill ..win of IN, full tow Ime -b- mcl -g a m-foot roil from Millwood Pike m ma fire bt - m Cl n a Dnv a d,ImJ[ o. the MDP fiom ?.I A 1. Poim B.Said mmw.y shall be-vatrumeC m bat ere -I PH. m uumce of a cayEcale of occupmy !a my cial building for Ne R1pary eMb, prior m Iauerc< of a bwldbg pmnit fro mY rmidmbd molly, eaclmmg model hovw, balm m LrW bar i. Phuc l wP^w<mmu mall .v of ill ameavry -,il, vmta,-hiding signalivnoe min wanmld by VDOT, m -II a four war ivla llb a ,he existing Ldelsatim If htvme< Way and Mill- Plke az mown on me N1DP PHASE 2'. Flm 2 - cmunt of comtm=evn of a lwv Ivor -b- of Covmtone Drive Gov. Point B m Poim C a depicted I. des NfilP $aid roadway wpov-rocs shill be mmplmm prior to e of • sae&Ile of «cuamcy fnr my use inn would auwcNc Prot- tv umd 400,000 squat feu of mmcw coiil bldldiug am PHASE 3, Phuc 3 rhall c.wiv of covsyviceov of me c®aivin8 two Ime If C- III Drive Gom P- B to Poi. C a dcpicd an Ne MDP. Said tomway impwvnnmb mall be o.Plctcd pno of a caefica or m'-, b .' use that -tads causes me Pwpary Ira uI_ 800.000 -I fen 1f cumin-iil building sea YffASE 4 Thc Apph,- mall deign Cov III -,I E,,-- u a km -lave s<eb- ham Prac<Fmdenck m Rehr- Rare 522 a dcpiclm Gmv Point D m Point P or fvr a maxhnum disurc< of B00 /m whin Ne vF,-t of Rclacam 522 bin Lem dacwmm by VDOT, ak me nyhl of way he J- agmcvt o! Covmtooe Dnve ha hen aqulrm by VDOT m Frederick Canty m the evml Nat IN, aygammr kr «beam Rm,e m J. 522 ha not hem dnvmiltd or i! Ne right of way kr Cn Dove Evimdvl to ins rmmby llo, 2-, ,fC Nor N< Applicml shill -I be -WIkr'me d of Ceravme Drive Ex[mded. PApPGcmt shall flv,ber DaY m Ne Comry SI000 for inch Period- '.- -Idf C. wit e • cmo-:vww inwards the Nttw 1,, of Covmmne Dove 3o. 2 ed -out if Ne modibau above have ins been ma by love J0, 2018 NeesmaY b< sail for .,ha Pojma It the -ty IN, ofN<Rope}yt bevcaadmil n�wlo me P1 w Nina mill be pad a e Not of buikm6 parnit Tram« fro each of Ne paminm rnidmwl row. 153 M1'otwitbsmNvg mY oNa prosinau of IF- profs-, Ne Applicml dull norm Coo -rove Dnve a a full fow--Ime sec,„" from W Ihvood Pike m Pnrce F,dmck Drive pna m Novmbv 1, 2015 154 Thc ApPG r6aE dengv and co¢mrc[ T.11 Road ss mow m me MDP u -- rva Ime -Y wimw a vzi ible m- rig. of way w th m dgm of vvy - of w m ,motile - b -tlsaW Lin Lmd Bay 1 and oma W of lAod Bay 2. Said 60 -V, of waY wkth sBaL be III, f T ewdl MW baw<en C -,I -,J m< Armory rn Th ,& of wry and mad - su;l dm-mase for Ne ralviv g Pons of TiI w Reed Said -i,y mill be <lblli id N ,lams a nemd fvr &bee eubdtvw pWa. Furmvwve, m yore a[ occupmcY for my Iakcvliil dwellug Nat a amen by Tazewell Road u<Il.divg morel b.nt<s, mill be iaaum wN strh yore tWt acme m Lam Bar 1 Gam Millwood Pik p -din vi G Drty ab T 11 Rom 15 5 The ApoG mall psy b, N C- me f S75,000 fro gml'xa f ill, vas' f Millwood Ptl (Ug Rv 50) and v ivory Road tR 8). S h ftmdv mall be Pak min IY IN) da5a f IN, I>N f t,I 6 IcsiI l buildmg pain I Bay I. b ,tr m Na Nis -Soil - rot bamtm DO'T cm wrby Vby J- 30, 2011 sad nay -b-b- mry din be win for DIM -'- wimin Ne vicnry of the P"-y Ilia Woe a IVlovil nexus m Ibc PwPmy. 15.E The A,... mall pay m IN, Comry Ne amaml of SlIt). 0 kr dgnaLzayov of me miss I of Covello Dnve aW Prbcc Fadvih Dive Such folks shill be paid -;min nary (60) days of «clesivg -nitro requm fiam me C-y vet VOOT aRm a ..wee of Pbaa 2 Covmtorc Dnvc Impmvmmb pm P BI, 15 2 brio IN, Sure highway aYsmm m me umr the IWs r VA ha rot been wmm[m by VDOT by Ilene If. 2018, add --- inn.-- may .I.. IN, steed fur mho pwjmb within the vicinity of Ne Ptupmy thin have a lil-.... m me Pmpmy 15.7 Acros to MWwom Pikc shall NI hmitm m Covmmnc Dnve u mown I. IN, MDP win IF. acepnm if Nc pnvae it v cmrmdy saving III 64-A-8313. Thc Applicm[ mall close raid driveway at/ a scot is pwvkm m TM -A-g1B vie Nc in[ -al rceiIJIl" rota=-b,I, n depic[m the MDP AdNuooally Ne Applicm, mill cl.s<Ne exutmq vv N IY yam Ira sacs , me golf wont wrcunm[ win Phan 1 uvpw P vidm by Rolla 15,2 IS 9 AL pubb gh f Y shall IN, dcmca<d I. Frmmck CawI, a pm d th wbdisistoe approval Prot- <enavrntlY win apPEubk Yrginia law IS 9 All public mina and rode mull be design.. m acco-I win Ne Virgiltiv Depmavm of T[msposwim epmiGcatlom, svblal to rcvlm and approval by Flmmck Comry and VDOT 15.I0 All D.-I mess and wins mall be c-Ili N accmdaece win IN, rot VilI D<pawml.f Trmspo ,dim mucnlral vmmama, and a wy be Ill ifim by the COImry, soil shall b, awn and mamt®nor by du bammwm m pwpmy ow- msocuti- serum by wch mews or �s 15.I t The d-,.f.fif l ram lmp,ovmlevu rota be iv g-erd coW'ormame win me Plm medm'•Gov-ma Hill Road Imp,vvcmmss" Sbm[s 1 :, ss pwpa«d by Pamn Hens R., ad Asemian, dorm October 30, 2M EaclWwg 200,000 square fca .f ate. vacs which may be develop.. a my nine',brxig azc- m IN, -a 3 c.mplmed pmeov of Cov-- Drive, oQ-etc impmvcaenb mill Ni cm tlil . 11- phut, a d<picad ov me sfo,enlmeoncd pleas a III- Ph- A: Pbaa A iiI,,-.b mill cross, of m:pwvcmma a Nc ,-mdov, M1lillwmd Pikald- ivi 1, ph.VI tom Drive mA mall m compkmd coimidrnl wirh Phase I Cavmmne Dnve mvmucem pa RvQa 152. Ph-R Phue R impmvmmmb shall eono.I of improvemmb a Nc zm,of Millwood Pme/Yvnce Frederick Dnve and lmI-, I3nvJConello Drive. Pb-B wpwv-enu mall be complain mi«dJml wilt Phase 2 Covmmae [anon _b..as Proffer IS 2Phe<C Phue C impmvemrnb moll cnruta of impmvcmmb a Ne s n of MJlwooI PASulphur Sp.j Road, Pbac C mlpmavmtaiu mill be complain -Nck- win Pb- 3 coommve Drive co -r-pa ROQa 15.2. 15. 12 The Applicmt rhill make end fi it, efforts m IN. my oQ-site right of war d m mmplae my pro M of.vte trme ,im- improvemmb In the event ma me Applicml is mr able m u.mn Ne Nh[ofway soil fatf y' Countyf Suseof Vugwia dom1 , me vmessvy Nall of wad, N Gm a(covsnvcbve me mad wpwv<mmr Ne Applicant shall provide a moncury cmrribunon to Frcdmck Cmvry that s rquivilrnt m N< a lwatm c of throe mad llib improv- m Na mold rot he implemenroi Tha mooe[ary mtlln'hmiiI shall coincide wN the co®rn:t ma 15.11 ld Wa triBb�Ts Ne oQsiu win wpwvmtmt a kcvhfim u RvRa I5.11. 15. 13 Any &tort ymspvNuuv milpn which may he rcgwcd kr m< Property. shill uWiu Code .20'Radl" pa Ne LTE. T,ie Gmmm.v Mmuel tw EA'I-for mycam.- I um olha dw vMI, um 16. CULTURAL FFSOt Ill INVESTIGATION AND PRE,S ERVATION 16A Thc Apph-, mall -Wit or cause k be cakmtm a Plusc I A, bmolop=al Invvoganov of Ne Property, prier m Nc app.vil of Ne Gm final si[e or rvbi nn- plm III, the P,opary, and map -1,b, Phuc Q vk M Nve Vmi- thamr a may IN, d- -lid- I. be rtmnsary by Ne Pham 1 study I: ENCALATOR CIAL'SE 17.1 In m< even[ my monetary cunmb.... scd 1- m Ne P1oBe1 Sint -cm ac Dad to Nc Frmmck Cowry B.-I County Sop-- -6 1lt mvmbs of fkmbv 12, 2W5, . pplim fnr by IN:Applicml mid=bminns mull be in Ne...... . owed h-m Any mmeury ntdbubona.a kM m me PwQer Sutemmt w.cb are pod to me BvaJ eta 30 me.mz fo0awing Ocloba 12. 2W5 mall be 4trmd N amommce wild the U,bm Cowuma Pn« Ndcs ("CPI-U") puN- by the Llvitm St_, Dmawrnt of Lvftor, sum Na a the nine uutn-- ac paid, ,hey shall be mjuvlm by me pat ., It-, 11 the CPI U from Nat due 30 munllu after- U. 2W5 10 IN, buI roily vailable CPI-U w the dart me wvtribwom art perk, wbjatm .crop of S%M yea, mo-IIv,P, ndm SIGNATURES APPEAR, ON THE FOLL01VING PAGES R2 0.�44 I �I YI ZII 53800'DB'E 1 i I •$I .g}jjl� €I < Q OI RI dp �I L31 SOg16'S"E ReC ♦� 4,0 1 N5515'1 6 06 \ .PPC, Note: The Boundary Information shown on this page is for informational purposes only. oft HOp,, oli i' MARK W. THOYAS Cert. NO. 916 F OSCAPg A8C��4 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. TT • 208 Church Street SE 1 ■ J /\ Leesburg, VA 20175 l�t 1 T 703.777.3616 F 703.777.3725 BOUNDARY SURVEY &APPROVED PROFFER STATEMENT ' prr� Governors Hill MASTER DEVELOPMENT PLAN FREDERICK COUNTY, VIRGINIA N0. DESCRIPTION DATE REVS'D A RED REVISION DESIGN SURVEY TEAM PHR-FA DRAWN DATE TEAM MARCH 2O06 CHECKED SCALE FIRS 1" = 400' SHEEP FILE NO. 4 of 4 13416-1-0 1� 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 U.S. ROUTE 50 — SULPHUR SPRING ROAD \ Dp,0 SQR\NG OFFSITE IMPROVEMENTS O PHASE A GRAPH/CSCALE O PHASE B J00 30 0 J00 7L1 (W M7) •PHASE C J Orc/r - 100 k. Z O U W V) W z REZONING APPLICATION #10-08 MASTER DEVELOPMENT PLAN #08-08 GOVERNORS HILL �� Staff Report for the Planning Commission Prepared: December 19, 2008 , 7.tN Staff Contact: Candice E. Perkins, AICP, Senior Planner John A. Bishop, AICP, Deputy Director - Transportation 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 908-08 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 fixture 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 fixture realignment of Route 522 and destination development west of the 1-81 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 it approaches a land use setting that is increasingly more residential in nature. Allowing a 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 `/z 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). Prn ffPrc ❖ 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 Careers 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 908-08 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 pedestriar-/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 281" 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.Enviromnent, 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 #08-08 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 buses (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. Willimns, County Attorney. PlanninI4 Department: Please see attached letters dated April 28, 2008 and Octobef•29, 2008 from Candice E. Perkins, Senior Planner and letters dated April 28, 2008 and October29, 2008 from John A. Bishop, AICP, Deputy Director — Transportation. Planninlz & Zoniniz: 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 411-05 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 910-08 — Governors Hill Master Development Plan 908-08 December 19, 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] T n"d TTcv 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 fixture. It is the opinion of staff that with slight modification, the potential for the Sulphur Springs connection could be preserved for the facture, 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. The 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 Suitability/Environment 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 #510063-011513, 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, Vir ig nia 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 9 0 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 aligmments. Staff Note: All entrance alignments need to mirror the MDP 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 TIA 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 Desil4n 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 410-08 — Governors Hill Master Development Plan #08-08 December 19, 2008 Page 10 modifications 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 plamied 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 92 - & 165-72.D. Commercial and Industrial Areas The R4 District requirements stipulate that a minimum of 10% of the gross area of a plamied 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 SO 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 I 1 instead 4. Phasing of Residential Development • 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 281" 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 the County. Consideration should be given tying the residential permits to the commercial development ot• providing a monetary offset. 5. Architecture, Sianaae 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 System 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 908-08 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 0 0 Rezoning 910-08 — 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 200,000sf 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 frill section with raised medians on a minimum 90 foot ROW, utilizing the following phasing schedule: • Phase I — 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 400,000sf 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 800,000sf 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 fixture 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. 0 • Rezoning # 10-08 — Governors Hill Master Development Plan 908-08 December 19, 2008 Page 14 15.3 The applicant shall construct Coverstone Drive as a frill 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 Bay 2. 15.5 The applicant shall pay to the County the amount of $75,000 for 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 200,000sf 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. • Phase B: Improvements at the intersection of Millwood Pike/Prince 0 0 Rezoning # 10-08 — Governors Hill Master Development Plan 908-08 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 15.2. 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 Report 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. Governors Hill ReZoning Et Master Development Plan'- REZ#10-08EtMDP#08-08 PIN: 64 -A- 83, 64-A- 83A, 64 - A - 84, 64 - A - 65 64 - A - 86, 64 - A - 87 �. j `� 1. �t .• ` +� �,, "tit Q • e. _ It, � i ��i•t`\��f ' � fit'-- �/� �'s� "�j ^`3' it r yl f ON 1• � i ���,*� ♦ A&; P f•'yaf /. ....:..,,_ ,fir .( � lo Vo Case Planner: Candice Future Rt37 Bypass Zoning M2(Industrial, General District) QApplication BI (Business, Neighborhood District) MHI (Mobile Home Community District) Buildings B2 (Business, General District) MS Medical Su • ( Apart District) Urban Development Arca • 83 (Business, Industrial Transition District) RO (Residential Planned Community District) /*..# SWSA - EM (Extractive Manufacturing District) 11111011111,R5 (Residential Recreational Community District) 4w HE (Higher Education District) RA (Rural Arcs District) - MI (Industrial, Light District) RP (Residential Performance District) 0 1,250 2,500 5,000 Feet M IM7' 1 1 1 COUNTY of ;F REDERICK Roderick B. Wiltiams County Attorney 5401722-8383 Fax 54(U667-0370 April 22, 2008 E-mail: rwiJIia@co.frederick.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. ,, 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 proposes "relative conformance" and, with respect to Paragraph 11, offers no criteria for deviating. The "relative conformance" standard (or lack of a standard) is indefinite. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowcrs 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 Vl, § 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 l" or "the residential land bay." Also, the Proffer Statement does not address carryovers, as the 2005 proffer statement did. f 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 (fir 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 wnclear 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, reivat irtg from the golf club, will belremaia closed . 14. 1 have not reviewed how the Proffer Statement comports with the County's current proffer guidelines, but 1 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- 1 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, Roderick B. Williams County Attorney cc: John R. Riley, Jr., County Administrator Candice E. Perkins, AICP, Senior Planner, Department of Planning and Development cRIAMERICK Department of Planning and Development 5401665-5651 FAX: 5401665.6395 April 29, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates It 7 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 Rd District with revised proffers. Out 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. Stab'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,OMf 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 Kent Street, Suite 202 - 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 mixtilre of office and retail uses (540,000sf officel360,000sf 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 pro-jected to be $16,396 for townhouses and S8,??5 per multi -family unit. 5. Parcel 64-A-838. 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 referenced in revised proffer 1.2. This manual referenced the housing types and street designs and architectural 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 Govemors Hill 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 he 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 d Mr. Patrick, Sowers RE: Proposed Rezoning of Governors Hill Property April 28, 2W8 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. 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 lnverlee 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 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 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 lavout 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 Buffer. 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. On sheet 3, the monetary unit price for the recreational units needs to be removed. Page 6 Mr. Patrick Sowers RE: Proposod Rezoning of Governors Hill 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 stab' to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attomey comments are required for acceptance of the rezoning application. 35. Special Limited Power of Attorney. Provide a power of attomey 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 S50 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 S50 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, Ca`i.L4P ndice E, Perkins, AICP Senior Plarmer 80 Jubal Early Drive, Suite 330, Winchester, cc.: Carpers Valley Development LLC, 4 V A 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 28, 2009 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: 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 Govemors 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: 1. 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 townhomes 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 Inveriee 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 hoard of Supervisors on 11/0&'O6, 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 Plan, 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 sum inary, the TIA does not adequately model the impacts of altering the County's adopted Eastern 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 ,often 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, 1 would suggest that this application as presented creates the following impacts; l . 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, VDC)T Jerry Copp, VDOT RIMII"' COUNTY of FRFISERICK Department of Planning and Development 540/"5-5651 FAX: 540/665-6395 October 29, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RF.: Proposed Rezoning and Master Development Plan for the Governors Hill Project Second Review Dear Patrick: 1 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. Staffs review comments are listed below for your consideration. Rezoning Comments 1. TIA — Proposed Uses. The T1A 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 I.I. The last portion of this proffer needs to be removed. All entrance alien n_ents 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, 2009 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 Sowers 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 existing R4 designated for residential. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property October 29, 2009 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 MDT' 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 nice 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 I50. 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 LL.C, 480 Jubal Early Drive, Suite 330, Winchester, VA 22601 FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-63995 October 29, 2008 Patton, Harris, Rust & Associates c!o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RF: County Transportation Comment on the Rezoning Application for Governors Hill Dear Mr. Sowers: As the Deputy Director - Transportation for the Frederick County Department of Planning and Development, 1 have reviewed the Rezoning Application for the Governors Hill Rezoning. I have the following comments and concerns to point out: 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. The proposed mad 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 lnverle 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 clarify. 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 Kent 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 S. 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 proposed for the proffered design of Coverstone extended was not present in the current proffers, and it does not appear to me 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 stales 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, John A. Bishop, AICP Deputy Director -Transportation JABlbad cc: Matt Smith, VDOT Jerry Copp, VDOT PROFFER STATEMENT REZONING: RZ. # /D -a : R4 and RA to R4 PROPERTY: 278.0 Acres +/-: Tax Map & Parcels 64-A-83, 83A, 84, 85, 86, and 87 (the "Propert}/) RECORD OWNER: Carpers Valley Development, LLC and Governors Hill LLC APPLICANT: Carpers Valley Development, LLC and Governors Hill LLC PROJECT NAME: Governors Hill ORIGINAL DATE OF PROFFERS: March 24, 2008 REVISION DATE: 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 commercial/employment Land Bays 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. Pago 1 of 13 L2 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 com-mercial 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 �.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 constricted 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 1" 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 pen -nit 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 HOMEOWI\TRS' 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 BOA 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 yet 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 stonmvater management facilities (under common (open space) ownerslup) 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 Nvith 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: l 5.1 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 1: Phase I 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 I improvements shall consist of all necessary improvements, including signalization when warranted by VDOT, to create a four way intersection at the existing intersection of lnverlee Way and Millwood Pike as shown on the MDP. PHASE12: 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 fi•om Prince Frederick to Relocated Route 522 as depicted fi-om 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 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 I 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 finds 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. 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. 1-5.10 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 7t1i 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. Pagc 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 12, 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 5o/. per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 11 of 13 ovemors Hill, L.L.C. MS Carpers Valley Investors, L.L.C., Managing Member Niffler and Smith Inc., Manager F. Stuart, Jr.lSenior. Vice President STATE OF VIRGIN, IA, AT LARGE F�*DMZTO< COUNTY, To -wit. 1 -A1I-"M> The foregoing ulstrvtnent. n as acknowledged before me this day of 2008, by Cl�: -iee 1r . My commission expires o Notary Public , ,�f v Page 12 of 13 Carpers Valley Development, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager i Charles F. Stuart, Jr. JWnior Vice President STATE_ O]- VIRGINIA, AT LARGE NRT4_ 41; =' COUNTY, To-«rit: :591 kTi4� The foregoing instrument was acknoxvledged before me this 11 day of �l� / �'✓� �x�, 2008, by L'Gb� 1 s F. S i7nr✓� i i My commission expires Z e f G' Notary Public - , ,fit•/c:+�rn� t,�_ Page 13 of 13 AMENDMENT Action: PLANNING COMMISSION: January 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: January 28, 2009 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 10-08 OF GOVERNORS HILL WHEREAS, Rezoning #10-08 of 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 to revise proffers, dated March 24, 2008 with final revision date of January 9, 2009, associated with Rezoning # 11-05 for 238.3 acres of land zoned R4, was considered. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64- A-86 and 64-A-87. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District and to revise proffers associated with Rezoning #11-05 subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #02-09 This ordinance shall be in effect on the date of adoption. Passed this 28th day of January, 2009 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Gary W. Dove Bill M. Ewing Gene E. Fisher Charles S. DeHaven, Jr. Philip A. Lemieux A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes 402-09 Governors Hill - Existing and Proposed Proffer Cornpatison/justification I.Prepared 12/11/08 This document was prepared to compare the existing, approved proffer statement for Governors Hill (formerly Carpets 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 All development, including street landscaping, 1.2 All residential dimensional standards shall be Proffer modified to specifythat 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 Hill," 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"). 13 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 as "Condominiurms" 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 already provide limitations on uses. leased by the United States or any departmentor 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, 5165-82, Sections A through D inclusive, and 5165-83. 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 Bay2 on the GDP. identified as Land Bay 2 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 2 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). §165-82B(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 Commtunity ("R4") zoning forth in the Frederick County Code Article VH, 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, §165.58, 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 5165-66. Unit types comprise 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. Aesidential development on the Property shall not 1.5 Residential :)pnient on the Property shall not Proffer revised to clarify that 2000 foot cic 1 exceed 550 dwelling units, with a mix of housing exceed 550 dwelling units, "ith a mix of housing from residential structures is to be taken -om the types permitted in the R4 district. Multi -family types permitted iru 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 CAmmercial 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 Propenyshall 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 2 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 Court to the removed. Revised proffer 3.1 ensures access to United States General Services Administration, for entrance of the Armory Site (TM 64-A 82) to the Armory site via connection with Arbor Court. 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 is 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 Irrational 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 Nfrllwood 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, 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 Count} elects at any time to locate such Budding 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. Aie residential portions of the Property shall be 4.1 Building per .or Land Bay 1 of the Property The original proffer would allow for full 'out developed as follows: shall be issuco on the following phasing schedule: by 2011. TTre revised proffer would alloN, . r full buildout by 2013 assuming a 2009 approval. 4.1.1. The Applicant may obtain building pernuts Year 1 (Months 1-12): 140 building permits for not more than 1,10 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 (DFR). Any Bay 1 beginning in the thirty-sixth month building permits not issued %vithin 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 ire Land any given year. Bay I beginning in the fort) -eighth month following Final Rezoning. 4.1.4. Tice 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 In anticipation of acquisition or use of properties 4.2 Commercial and employment uses maybe Intent of proffer to allow commercial uses to designated for commercial/employment use by constructed at any time. develop at anytime during phasing of the project the United States, commercial and employment remains the same. uses may be constructed at any time. 4.3 Improvements including a 3,000 square foot 4.3 Improvements including a 3,000 square foot The S25,000/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 snzmming 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 Iand 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 tacit_ These completed prior to the issuance of the 281st improvements shall be designed and bonded for msidential 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 unchoutged. using compatible architectural styles. 'Die using compatible architectural st}dcs. 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 Oauicr 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. 52 All signage within the Property shall be in 52 fill 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 tine 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 Mirginia per Planning Staff's request, the pedestrian - Parks and Recreation standards that links Department of Transportation standards that links bicy1ce 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 hMP. 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 tiidt 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 minimum 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 trans shall be 10 feet wide, pedestrian bicycling trails shall be 10 feet tide, 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. stun of S422 per dwelling unit for fire and rescue sum of $422 per dwelling tout 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 urL oflmviig Final Rezoning, the master HOA to be 7.2 l allowing F ezoning, the master I-IOA to be The revised proffer maintains the. intent created in accordance herewith shall contribute created in acc,,.uancc hereith shall contribute provide a funding mechanism for the fin. annually, on or before July I" of each year, the annually, on or before Jul}' 1" of each year, the rescue company providing first response service sum of $100 per constructed residential unit, and sum of 5100 per constructed residential unit, and to the Property. Assuming tie 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 anyland in public use), commercial area, Governors Hill would provide to the fire and rescue company providing firsr due to the fire and rescue company providing fist $193,500 per )ear to the fist 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 I-IOA, 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 maydetermine 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 unlit for educational purposes, payable upon the issuance of a building ptuposes, 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. suit 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 'Ibe Applicant shall contribute to the Board the 10.1 The Applicant shall contribute to the Board the Proffer rem fans unchanged. sum of $79 per dwelling unit for library purposes, stun 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 unk 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 contemporaneouslywith the first final site or subdivision plan submitted for die Property, 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 "FICA") 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 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 maybe 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 onlyone such HOA is created, it shall be the master HOA for purposes of these proffers. 12.2 'late Applicant shall establish a Master Proper, Owners' Association (hereinafter "Master POA" for Governors Hill, in its entirety, that shall among other things, have responsibility fo. assuring compliance with design guidelines an( standards, signage requirements, landscape maintenance, and similar matters. An; homeowners' or property owners' association created for commercial or residential use: individually shall act as a subset of the Maste POA. 123 The residential portion of the development shall be made subject to one or mom 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 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 maybe required for such HOA herein. fer added to clarify that the entire G )vemorsl developed wrill be governed by a single ter Property Owners' Association. t secuon of proffer establts)ung a Master )A has been removed. Any HOA established The Property shall be a subset of the Master A per Proffer 12.2. In addition to such other duties and responsibilities as may be assigned, an HOA shall have tide to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (i) common buffer areas located outside of residential lots; (ut) 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. t ne rnun snau oe 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 -h other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (t) all common open space areas not otherwise dedicated to publi use, (u) common buffer areas located outside of residential lots; (ii) 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. 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 anyconvcyance 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. - cr remains totter revised to clantythat seed moneyfor IOA is provided by a one time fee equivalent to times the monthly dues paid at the time of the itial home sale. 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 )X/urchester 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, anc 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 maybe assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to pubi use, (u) common buffer areas located outside of commercial lots; (ih' private streets serving the businesses and/or residents who are members of such association; (iv) common solid mastc dispos: and recycling programs to include dumpster and contract tamer services provided by a private refuse collection company, and (v) responsibility for the perpetual maintenance of any meet, perimeter, or road buffer areas, all of which bufft 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 the exception of any properly owned or leased by the United States, or Frederick County) shall be made subject to one or' more property owners' association(s) (hereinafter "PON). 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. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (1) all common open space areas not otherwise dedicated to publi( use, (u) common buffer areas located outside of commercial lots; (1) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall bt 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. a Master for the commercial area alone has been removed. AnyPOA established for the commercial area of the Property shall be a subset of the Master POA net- Proffer 12.2. remains i Iie Applicant shall be responsible for connecting 13.1 The Applic all be responsible for connecting Proffer remains unchanged. _ die Property to public water and sewer. It shall the Proper y w 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 ivtter and sewer infrastilicnue 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 Practices (BMP) for the Property shall be 14.1 Storrnwater management and Best Management Practices (BMP) for die Property shall be Second half of proffer specifying what the proffer has been provided in accordance with the Virginia provided in accordance witli the Virginia accomplishes removed though proffer commitment to BMP's remains unchanged. Stormwater Management Regulations, First Ed. Stomiwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 for the purpose of 1999, Chapter 2, Table 2-3. providing the l»ghcst 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 'llre Applicant shall consult with the Executive 14.3 '17ie Applicant shall consult with the Executive Proffer remains unchanged. Director of the Airport with respect to the Dir-ector of the Airport With respect to the granting of a reasonable avigation casement to granting of a reasonable avigadon easement to provide further protection for Airport operations, provide Randier protection for Airport operations, and shall dedicate such casement, as the Airport and shall dedicate such easement, as the Airport and the Applicant shall mutually agree. The and the Applicant shall mutually agree. The Applicant shall provide noise attenuation Applicant shall provide noise attenuation treatment for all residential units. treatment for all residential units. 15.1 The major roadways to be constructed on the 15.1 The major roadways to he constructed on the Proffer references MDP instead of GDP. Property shall be constricted in die locations Property shall be constructed in the locations depicted on the GDP, with reasonable depicted on the MDP, with reasonable adjustments permitted for final engineering. adjustments permitted for final engineering, 15.1.1 The Applicant shall design and construct Proffer removed. Street plan has been removed since a major Coverstone Drive as a full section with raised collector roadway will no longer be crossing die medians on an 80' right-of-way, consistently with residential land bay thus no road efficiency buffer the TIA provided for hereinbelow. The Applicant would be required. shall subunit a sweet 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 152 Excluding 200,000 square feet of office uses Revised proffer specifies right of way minimum Applicant in phases as set forth herein: which may be developed at anytime utilizing and design in accordance with approved proffer access to the existing completed portion of 15.1.1. Revised proffer also would permit up to Coverstone Drive, the Applicant shall design and 200,000 squuc feet of office uses to be construct Coverstone Drive as a full section with constructed using the existing completed section raised medians on a minimum 90' rightof-way, of Coverstone Drive. utilizing the following phasing schedule: 15.1.1.1.1 Phase 1 shall consist of a four -lane section PHASE 1 Phase 1 shall consist of the full four lane section The revised proffers reflect the move of including a ten -foot trail from Millwood Pike to including a ten -foot trail from Millwood Pike to Coverstone from the Sulphur Springs Rd to the the Phase 1 line in Land Bay 1 as depicted on the the first intersection on Coverstone Drive as Inverlee Way intersection to provide commercial GDP. Such road shall be constructed in sub- depicted on the MDP from Point A to Point B. (and ultimately residential) access. phases as delineated on the final master Said roadway shall be constructed to base asphalt development plan and/or subdivision plan, to prior to issuance of a certificate of occupany for provide access to development within the Land any commercial building for the Property and/or Bay, and in any event shall be completed or prior to issuance of a building permit for any bonded for completion prior to the issuance of residential units, excluding model homes, located the first building permit for each sub -phase. The in Land Bay 1. Phase 1 improvements shall Applicant shall not petition for inclusion of this consist of all necessary improvements, including Phase of Coverstone into the State System of signalization when warranted by VDOT, to create Secondary Roads until it is completed to required a four way intersection at the existing intersection asphalt and open to the public as a full four -lane of Inverlec Way and Millwood Pike as shown on section to the Phase 1 line. Notwithstanding the the MDP. foregoing, banding permits may be issued for model homes and the community center prior to base paving. 15.1.1 'tease 2 shall consist of construction of a two Lane section of Goverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. 'Plus 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 Co.a•stone 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 Rwould cause the Property to exceed 400,000 square feet of commercial building area. 77te revised proffer ensures tbat Covers Drive is connected from Route 50 to Prt.. . Frederick Drive prior to development of more than 400,000 square feet of commercial building Phase 3 shall consist of construction of the Phase 3 ensures construction of the complete remaining two lane section of Coverstone Drive four lane section of Coverstone between Route from Point B to Point C as depicted on the MDP. 50 and Prince Frederick Drive. 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. 15.1.1.1.3 Notwithstandhig 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 $1,000 per dwelling unit for the permitted residential units for future construction of Coverstone Drive Extended, or other projects in the vicinity of the Property that are not included in this rezoning.. Such funds shall be paid at the time of building permit issuance for each of the permitted residential units. '11te Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Frederick to Relocated Route 522 as depicted from Point D to Point E or for a magnum distance of 800 feet when the alignment of Relocated 522 has been determined byVDOT, and the right of way for this segment of Coverstone Drive has been acquired by VDOT or Frederick County In the event that the alignment for relocated Route 522 has not been determined or if the right of way for Coverstone Drive Extended is not secured byJune 30, 2018 then the Applicant shall not be responsible for the design of Coverstone Drive Extended. The Applicant shall further pay to the County 51,000 for each permitted residential unit as a contribution towards the future construction of Coverstone Drive Extended, but if the conditions above have not been met by June 30, 2018 then these funds maybe used for other projects in the vicinity of the Property that have a rational nexus to the Property. Such funds shall be paid at the time of building permit issuance for each of the permitted residential units. Phase 4 under the new proffer provides for the design of the extension of Coventone Drive fro Prince Frederick Drive to future Route 522 once the alignment of future Route 522 is determined. Under the new proposed proffer, if this alignment has not been determined by 2018, then the applicant would no longer be responsible for the design of the roadway. Proffer also limits design to a distance of 800 feet should n$ich is in excess of what is shown on the MDP. This allows for the design to accomodate any shifts in funu-c road alignment or configuration. 'I7te commitment to provide 51,000 per dwelling unit for the construction of Coverstone Drive Extended or other transportation improvements retrains consistent with the approved proffers. flu Applicants shall provide a fifty -foot right -of- Proffer rerr 'fire approved proffer provided for a rif arty way for a future utterparcel connection from to the Gh,ize Property Eric to the cast of _._ site. Coverstone Drive to the easternmost property boundary line of the Property, as shown on the New Proffer 3.1 improves upon this proffer by GDP. Said right-of-way shall be dedicated upon providing a built connection from Governors I -Ell through the Glaim Property to connect with written request therefor. Arbor Court. 152 Notwithstanding any other provision of these Proffer removed. This proffer was removed to reflect dint GSA is proffers, if the General Services Administration no longer the intended owner/developer for die locates a federal facility on the Property, the commercial area of the Property. 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 15.3 Notwithstanding any otter provisions of these Both proffers guarantee die construction of proffers, the Applicant shall construct Coversone proffers, the Applicant shall construct Coverstone Coverstone Drive as a four lane divided roadway Drive as a full four -lane section from ivfillwood Drive as a full four -lane section from willivood from Prince Frederick Drive to Route 50. The Pike to Prince Frederick Drive prior to June 1, Pike to Prince Frederick Drive prior to November revised proffer extends the trigger for this 2012. 1, 2015. 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 rite Property occurs (which hits seperate road construction triggers) or until Route 522 is relocated, there is little need for the construction of this improvement. 15.4 The Applicant shall design and construct Tazewell This proffer was added to the new application as Road as shown on the MDP as a minimum two a new roadway to service the residential land bay lane roadway widen a variable width right of way will be needed with the shift in location of widh a maximum right of way width of 60' to Coverstone Drive. provide access to residential uses within Land Bay 1 and other commercial areas of Land Bay2. 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 roadwayshall 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. 15.4 The Applicant shall provide for future Proffer removed. Since the new proposal constructs die connection uiterconnection with lnverlee Way when that road between Cbverstone Drive and 1 nverlee Way at is extended south of Millwood Pike to Coverstone Route 50, this proffer has been removed. 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 Invedee Way. 15.5 The Applicants shall upgrade the existing signal at Proffer removed. The new application does not rnily., a connection Sulphur Springs Road from a three- to a four-way at Route 50 and Sulphur Springs Rd, ditss this signal. All improvements within the existing proffer has been removed. 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 15.5 The Applicants shall pay to die County the Proffer now allows monetary proffer to be used amount of $75,000 for sigtialization of the amount of $75,000 for sigualization of the for other transportation improvements if not use intersection of Millwood Pike (LB Route 50) and intersection of Millwood Pike "Route 50) and for signal at Victor), Road and Route 50. VictoryRoad (Route 728). Such funds shall be Victory Road (Route 728). Such funds shall be paid withhi six (6) months of the issuance of the paid within sixty (60) days of the issuance of the first residential building permit in Land Bay 1. 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. -- i-lte Applicants shall pay to the County the 15.6 The Applic: tall pay to the County the Proffer now allows monetuy proffer to ed amount of 5150,000 for signalization of the amount of $1i.1,000 for signaGmtion of the for other tnutsportat-ion improvements it -A use intetsection of Costello Drive and Prince intersection of Costello Drive and Prince for signal at Costello and Prince Frederick Drive. Frederick Drive. Such funds shall be paid within Frederick Drive. Such funds shall be paid within 'I1tc Proffer value has also been increased by six (6) months of the issuance of the first sixty (60) days of recieving written request from $25,000. commercial building permit in Land Bay 2. the Cnunty and VDO'I' 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 widtin else vicinity of the Propercy that have a rational nexus to the Property. 15.8 The Applicants shall close the existing crossover at 15.7 Access to IMwood Pike shall be limited to Revised Proffer limits access to Route 50 to only the Ouper's Valley Golf Club entrance onto Coverstone Drive as shown on the MDP with the Coverstone Drive. The driveway that provides Mrllwrood Pike, when the existing golf club use exception of the private driveway currently serving access to property owned by Richard and Donna ceases operation, but shall retain that entrance as a TM 64-A 83B. The Applicant shall close said Dick will also remain open. gated night -in right out connection for emergency driveway once access is provided to TM 64-A-83B site access to be used only by the United States via the internal residential street network as General Services Administration, for any federal depicted on the MDP. Additionally, the Applicant agency or department. Notwithstanding the shall close the existing crossover previously used foregoing, in the event that the Applicant obtains for access to the golf course concurrent with or otherwise controls right-of-way across Phase 1 improvements as provided by Proffer IvMwood Pike from the current Inverlee 15.2. 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 Proffer removed. See Revised Proffer 15.12 any necessary off -site right -of -may 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 15.8 All public right-of-ways shall be dedicated to Proffer remains unchanged. Frederick County as pan of the subdivision Frederick County as part of the subdivision approval process, consistently with applicable approval process, consistently with applicable Virginia law. V' inia 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. 15.9 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 flexibility in regard to in accordance with the Virginia Department of in accordance with the current Virginia road widdis to meet needs of the proposed Transportation standards therefor and as may be Department of Transportation structural commurrtity while still satisfying; ordinance modified by the County, and shall be owned and standards, and as maybe modified bythe County, requirements. maintained by die 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 bysuch streets or roads. 15.11 The design of off -site road improvements shall be Proffer added to clarifyproposed off -site in general conformance with the plan entitled transportation improvements. "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 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 Mllwood Pike/Inverlee Way/Coverstone Drive and shall be completed coincident with Phase 1 Coverstone Drive construction per Proffer 15.2. PHASE B Phase B improvements shall consist of improvements at the intersections of Millwood Pikc/Prince Frederick Drive and Prince Frederick Drive/Gostello 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 Apphi 'gall make good faith cf fods to Proffer addresses the potential for the for obtain any o,. site right of way needed to off -site right-of-way and ensures that th, .,)unry 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 irnprovemems that could not be implemented. The monetary contribution shall' coincide with the commercial area threshold that triggers the off -site road improvement as identified irtProffer 15.11. 15.13 Anyr future transportation analyses winch 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 ME, Trip Generation Malilial± T(A included as pan of the rezoning application. Edition for any cotrunercial 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 federnd 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 GDI' 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. necessaryto accommodate the additional traffic. 16.1 'Ihe Applicant shallcbuduct or cause to be conducted a Phase I Archaeological Investigation of the Property, prior to the approval of the first final site or subdivision plat for the Property, and shall cause Phase II and III investigations thereof as may be demonstrated to be necessary by due Phase I study. 16.1 The Applicant shill 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. Devised proffer includes a minor word ng change to clarify that the applicant will "complete" Phase II and III studies rather that "cause" the additional studies if needed. Commitment remains unchanged from previous proffer. 17.1 In the event an), 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 Frederic] in the Proffer Statement are paid to the Frederic] clause will utilize the original October 12, 2005 County Board County Supervisors ("Board") CountyBoard CountySupervisors ("Board") approvall date to determine the adjusted proffer within 30 months of the approval of this rezoning, within 30 months of October 12, 2005, said amotuits. This will ensure that the monetary as applied for by the Applicant, said contributions contributions shall be in the amounts as stated proffers are egtaivalent To what would otherwise shall be in the amounts as stated herein. Any herein. Any monetary contributions set fortis in have been required tinder 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 - the United States Department of Labor, such that at the time contributions are paid, theyshah 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. O AMENDA Elv ' w Action: i ;..-%NNlNG COMMISSION: lul\, 20. 2005 - Rcccrrnntendcd anhro�al BOARD (A' SUPERVISORS: Oclohor 12- "'005 YJ APPR( W) D AN ORDINANCH AM1:NDING THE "ZONING DISTRICT MAP REZONING 41)-05 OF CARPI R5 VALLEY VYCiLR1;.AS, Reaoning f;l 1-IIti of Careers �'alle�, was subnrittrd to rryouc :'81.5 acres fi'orn RA (Rw•al 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 Ravens Subdivision, in the Shav,wc Magisterial District. and are identified by Property Identification Numbers (PINS) 64-A-82. 64-A-83, 64- A-83A, 64-A-86. 64-A-87 and 6.1-A-87A 1�J1C1LRE:AS, the Planning. Cow,nissirni held a public hearing on this rcroning on July 2(1,?005: and WHEREAS, the Board of Super\,isor, held a public hearing on this rezoning on Ocwber 12. ?005: and WHEREAS, the Frederick County Board of Supervisors finds the approval of this w7oning to he in the best interest of the Public health, safely. welfare, and in conformance with the Coniprehrnsive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by tho Frederick County Board of Super\ isors that Chapter 105 of the Frederick County Code. Ianinp. is amended to revise the 'Zoning Disu'ict Map to change 281.5 acres from JtA (Rural Areas) District to R 4 (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 wrifing by the applicant and the property owner. I1 t) R rx :; tR-oi This ordinance shall be in el'IM on the date of adoption. Passed this I2th day of October, 3005 by the following recorded vote: Richard C . Shickle, Chairman Aye Barbara E. Van Oslen Aye Gina A. Forrester Nam Gai}• Dove Aye_ lx nda .l. T1•ler Nay Bill M. FNN-in,(, _Aye_ Gene Fisher Nam A COPY ATTEST �/f - John R.Pxi-fe)• Jr. Frederiel(County Administrator PI)Rc. =36-05 PROFFER ST'AT'EMENT REZONING: RZ. tt 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. Tjournas; 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: Careers 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 tern "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, ((he "GDP") dated October 11, 2005 , sheets 1-4 of 4. t(*01 4461.1)OC 14 Proffers As Revised WOWS OW020t 1. LAND USE ;l.l 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 Carpers 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 "Towrrhomes" ail the GDP may contain 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 Residentia) 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, §1 65-82B(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 1550 dwelling units, with a mix of housing types permitted (O(X1144(,7.Do(' /4 Profrem As Kcviscd 000145 Oo1K ml 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 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 Airporl 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 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 (US Route 50) to the entrance 10 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 100014467DOC! d Prvfrurs As Revised 000143 (K)(K1201 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 I beginning in the twenty- fourlh 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 ilran 130 residential units in Land Bay I beginning in the sixtieth month following Final Rezoning. 4.2 In 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 sha)] 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 (OW14467.1)DC/4 Pmfrers As ReViSed 000145 WW:01 4 unified development plan in general conformity with the Design and Development Standards. 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 Department of Parks and Recreation standards ())at 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 feel 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 pen -nit 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 1" 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 (lie master HOA, and the Board may require an accounting of such payments at such times and upon such conditions as it may determine necessary. 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: I0e014467.FXW14 r,offmA5Reviwd W0145 OW0201 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 pen -nit 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 permit for each dwelling unit. 11. ADMINISTRATION BUTLDING: 11.1 77ic 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' AN`D 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 J(W14467JW14 Proffers As Rc%,iscd IX0145 o(H)U201 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' 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 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 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: 100014467 MC 14 Proffers As Revised 000145 O( umj 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 wilt) the requirements of the Frederic): 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 for the purpose of 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 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 l 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 GDP. Such road shall be constructed in t0(X)14467.DOC/4 PrurrcrsAsRcviscd 000145 0000201 sub -phases as delineated on the Final niasler development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be complete(! 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 (his 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 l 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 thvo lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depict(d 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 S1,000 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 (his rezoning,. Such funds shall be paid at the time 10001440 nOC14 Froffim M RcO ed 000)45 00D0201 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 CPl-U from that date 30 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of YA per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGES 1M1U14467.D0C /4 Proffers As Rc%-kcd 000145 0M10201 M of building permit issuance for each of the permitted residential units. 15.1.2. The Applicants shall provide a fifly-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 righi-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 oflnverlee 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. 15.7 The Applicants shall pay to the County the amount of 5150,000 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, %Vhcn 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 Slates t00014467.1XX' 14 I'mrrcrs As Re6scd 000145 00(I()201 10 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. 15.10 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. 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 cause Phase lI and III investigations thereof as Inay be demonstrated to be necessary by the Phase I study. toDQ14467.IX)('/4 Protrus As RcOsed OWJ45 DDDD:D1 IMPACT ANALYSIS Oclober 2008 Governors Hill INTRODUCTION The 278 acre Governors I -Till 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 utilizW e the existing Inverlee ay/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 I61.1 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 1-0. 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. COMPREHENSIVL 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 thelcommitment to providing a minimum distance of 2,000 feet between the airport runway and any residential dwelling 1 of 5 units constructed at Governors I-bl] which was included in the approved proffer statement for RZ 11-05. Additionally, it is umportnnt 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 Airport's long range plan which includes hangar and ancillary office uses located in this area. Access to the Property shall be provided via Coverstone Drive, a four lane divided major collector, which will connect through the site from I\lillwood 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 properh' 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 I 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 TLA 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. October 2008 Governors JIM The Applicant has provided a transportation proffer package to offset the traffic impacts generation by Governors I -Till that provides for the following improvements: • Phased construction of Coverstone Drive as an urban, four -lane divided cross section (U4D) to connect from Prince Frederick Drive to Millwood Pike at Inverlee Way. to 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. e 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. e Improvements at the intersection of Sulphur Spring Road and Route 50. o Monetat 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. ENVIRONMENTAL 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 cast of Interstate 81. As per map sheet #36 of the Soil Survey, 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. 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 October 2008 Governors Hill 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 wriilun 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 tltis 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 G-PD (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 nor 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 comnitements proffered as part of RZ 11-05 to mitigate die impacts of any residential uses proposed for the development. 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: 179/dwelling unit Total: $2,637/dwelling unit 5of5 i Eastern Frederick:,,_.- County Road Plan l \ •`�\(— chi -' .. \ Eaebm Rood PW, I`• rTw� - _C �• - q�MyMY / •�.1/ Mr�s.Ml 1b�1AAIpkdI 7�W6 �!t..atlwwf�Ma /�n ..� "ft. i Exhibit 1 — Current/Adopted Eastern Road Plan '�,' i Al__ �r r � NM.w Uyor Cotlato+ Sy ��_•. �-4.\ ,• NNwvNlnerCoM�ctar r WNW Ss �NprowdYµ grCdkdor .r, 41 Nueww3orArt«r 94 ~� � May 11, 2005 N o oe i !� WQy�'y E �S Current EASTERN ROAD PLAN Frederick Exhibit 2 — 2005 Eastern Road Plan A Traffic Impact Analysis of Governors Dill Development Located in: Frederick Cout.ty, Virginia Prepared for: Governors 11111 Developmeul, LLC 480 Jubal Early Drive, Suite 330 Winchester, VA 22601 Prepared by: Patton Harris Rust & Assoclates Endneurs. Surveyors, Planners, Lmdsccq)eArchIIOCIs. 10212 Governor lone DW, Svllo 1007 P F T 3011.223A , O 21745 T 301.223.d010 r 301.223,6831 August 14, 2008 EXECUTIVE 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 shopping center. Build -out is anticipated to occur over two (2) transportation phases by the Year 2025, Phase i 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 (futw e roadway) located along the south side of Route 50, opposite hnverlee 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 asswnes 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 firll 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 0, 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 Scenvio" (#1) as well as for the "VDOT/County Requested" Scenarios (112 & 113). Based upon Synchro 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 42, #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 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) irr-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 Comity. P 7raRtc Impact AnaTvsls pfGoyenjors ect N mb Devetopwent I� Projocttv'uAuguer: t 1415-1-3 ,2008 August t4,2008 Page i 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 fashion 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 #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 0, 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, a 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 -bdndifions. A 77r fjlc Iir1 t 9nalvsfs of Governors Hfll Psvelodn)elrt Project Number: 13415-1-3 PuA August 14, 2008 2 l � Page 2 Assumptions The following assutnptions are incorporated in the analysis based upon the seeping session between the Virginia Department of Transportation (VDOT) and 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 I % growth rate along Route 50 and Route 522, respectively, from year 2015 through year 2025 (Phase 2). C. Future re -alignment of the intersection of Route 522 and Route 50. n rclmpac!AnalysisofGovernors Hillmb r:134 5-1-3 Project Number: 1341 S- I -3 H August 14, 2008 3 Page 3 No Scale � �� X. ri7F- BI0630M alit C3 �\ 47 `�,\ V z - sari. rza c SITE I' 17 gepor7 Q 2 :7 If� at'4a"�tr?�2:ni nY Try-f-n Figure I Vicinity Map: Governors Hill Development, in Frederick County, VA A %Yulllc /7+1DOG AARIW7S Qf vava-uvrr nw, ucr�rvvru Project Number. 13415-1-3 PT T I-1 +A Augur ia, 2008 e4 LHll �lll Page 4 EXISTING CONDITIONS PHR+A conducted wcckday AM/PM peak hour and Saturday rnid-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-hour 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. Figure 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/PM peak hour and Saturday mid -day peak hour levels of service at the study area intersections. PHR+A has provided Table I to show the existing weekday ANI/PM and Saturday mid- day peak hour levels of service and 95`r' 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}a rclnU2acfAnnlysfsofCoyernorsHlpment Project Numbb er:r:13413415-1-3 August 14, 2008 Page 5 Figure 2 Existing Traffic Conditions ,4 Tr•alTe G,ipaellnalvsis�f Governors Hill Developnienl Project Number 15-1-3 August 14 , 2008 .T L August 14, 2 e 6 Page G j qC� No Scale /��(9jG r��sfEa��nua so SIgnoli.d inte"Celton LOS=B(B)ICI Inisigullud 6. luttrnccllon ?Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PAI Peale hour) [SAT Peak Hour) Note: See Table 1 for levels of service by "Lane Group" ,A Analysis is based upon VDOT Signal Timings Figure 3 Existing Lane Geometry and Levels of Service A a/c In�Izac1 arm(vsls of Crn4 Project Number: 131 .1-3 August 14, 2008 Page 7 Tabl Governors (fill D9velormenl Levels of Servlce'nntl Bock or Queue(95%) Results fnlenerllOn TrnaSrkGroupt AM Pcak Hour~Y PM Pc.k Hour SAT Pca1t Hour 5Derk ofControl LOS Rate 512 & CWOIDDrixe 515neli:rJ D 25.0 D.0 17 25.0 D D D W3311. D S00 D _ 94.0 ➢ 130.0 %VMT D Sao D $2.0 C 134.0 kvDlR C 25.0 a 511.0 ❑ 57.0 IVD LOS D C C T70IL p 15.0 D 25.0 b 25.0 ND/T Lonc 1 ND/TL.ne2 D 123.D B 229.0 C 147.0 NB?R NB LOS D D C SB/L D bo.0 D 205.0 D i11.0 SAR A 119.0 A 1940 A 101.D Writ S¢ LOS A D C Overall LOS U D C PrSa:e predukk Ddvc kcwl4o Drnc U.i 16ed Fu 111JIL A 25.0 D 25.D A 25.0 EM N13ILT - A - 25.0 A 2$.0 A 15.0 SD/1F. Rou1c50L Prieoc 5(WliudFu,dtfick EDtL A 25.0 D 74.0 D 76.0 EDfT Lot C IF4.0 D 1620 C 202.0 BArr Lano 2 ED/R A 26.0 A 25.0 A 25.0 ED LOS B ¢ C VI B 400 D 39.0 ft 59.0 1.0C 241.0 C C .0 MOWSC D U40 b 10J.D ,0 ❑ 43.0 D 3F.0 CCL0 D 110.0 D 140.0 ED LOS D D D Overall LOS C C C Route 50 A Mmkr 1Vay Wn Lualkr d DWI` tac t - Elln W- IYWT Lea 1 WWI` Lax 2 1VVIR SDIR - _ - Route$0d1 Sulph.1SprMaz Road Silntliied EDp, D 31.0 0 124.0 D 133.0 EDrr Luc 1 e 155.0 D 104.0 fl 77.0 CBITf li.o 2 eu Los D H G %Vo'rUel IVDrF Luc C 166.0 C 496.0 C 217.0 )VAR A 31.0 D 100.0 A 33.0 WB LOS C D C Swa C 205.0 B 7L0 C 239.0 SD LOS C D C 04rra11 L0S C D C RoWr50& Vkr«y Road Umlgatiud EDlL A 250 A 25.0 A 25.0 Eon lyre 1 ¢Brr L..2 EDIR - WD1L A 23.0 A 2s.0 A 25.0 \V➢R - IVBffR NNLTR C 29.0 ➢ 920 C 25.0 SD/LTft 0 75.0 D 25.0 - A.111locd A 25 Bel 125.0 VcNde Lau:lh HD Hualwnd,W¢-Wnl6wnd, NB - Northbound, ED-5omhbo.nd L: W, T:Thro, R: KIM '471'a,fflc! 11)1pycl ADalvN1$ orGovel7lors Flill Develoanle❑f P JL L Projecl?Jumugut34,2008 H 15-1-3 August l4, 2 e 8 Page 8 PHASE I a"EAR 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 townhouse 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 7t" 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" Cole Laud Use Amount Ahtl'tak[lour In Out Te1i1 I'M Peak hour In oui Total ADT sit reek Hour In out Total ADT Aivena suhdh Won' 210 Sir.5lcPtmily Dctarbcd IlS iwila 22 67 90 76 44 122 1,150 61 52 113 1,200 Total 22 67 90 76 44 122 1 150 61 52 113 7 200 O: bte SBS wi0 propoud f,n mo xev<m suoaiawn cevcmpn Figures 4 shows the 2015 background weekday and Saturday ADT as well as weekday AM/PM peals hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figures 5 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 95t1` percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. d TI.afRc brinacf A+lalvsls orcoveraars Hill Develonmefll n Project Number: 13415-1-3 P-� y�-C -A /iD$DSI 14, 2 e 9 �[_.IAI. ` 11.. Page 9 Figure 4 Pu:1se 1: 2015 Background Traffic Conditions 'rn r innct RAgjY,sls o/Cp rnQ Hill Dulflonrnen! Project Number: 13415-1-3 PH 1- n August 1p a 08 10 j \1 l Page 10 1� No Scale iMl GAG S�ollzrd L Intrtsedimt `1 I.OS=MD)ID Signallmd Inlerstdion LOS^D{13)1C1 Ate °s�ehUnslgnallzo o b"•p,, hticntctlo11 qi p a P SITEh`°�,�` W { Signalltcd la° i%I Inlnsedlon (qjf SIIilmrS SITE N"tUtslgnuIIzrd Ddcrcrdlen ,• l � Denotes stop sign control t,pi� ::• , t Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) ISAT 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 P iLTrn�clnroacf�tnnlvs�rQfGovernors mb r. 13 140111 Project Number. 13415.1-3 August 14, 2008 Page I I Table 3 Governors Hill Development Levels of Service and Bach of Queue (95%) Results 1 - 2015 Back> round Traffic Conditions (with Assumed Im trovements) Phase Lane AM Peah Hour PM Pealc Hour SAT peak Hour Intersection Traffic Group/ LOS Bactc of LOS Back of LOS Baett or Queue Control Approach Queue Queue EMT C 25.0 C 25.0 D 25.0 eD/R 25.0 A 25.0 C 25.0 ED LOS C D C 93,0 E C 150.0 \VIIA. D 81.0 D 92.0 E 153.0 \VB/LT D 81.0 25.0 A 32.0 A 52.0 1VB/R A G WB LOS C C C 25.0 25.0 N➢/L A 25.0 _D Route 522 & Signnli2cd N➢IrLenc 1 Costello Drive NBIr Lane 2 B 144.0 B 210.0 C 171.0 NBITR C N➢ LOS B C7 B C206.0 490.0 SHA D SHIr A A 185.0 A103.0 SBfrR. B C S➢ LOS A C Overall LOS ➢ B g 25,0 A 25.0 EBA A 25.0 Prince Frederick Drivee JIM UnsiBnatired - 25 0 A 25.0 A 25.0 & Costello NB/LT A Drive SBITR - - C 114.0 B 75.0 EB/L B 25.0 eBfr Lane I C 215.0 B 191.0 B 177.0 EBM Lant 2 A 25.0 A 25.0 A 25.0 ➢BAL C II EB LOS WB/L A B 25.0 A 25.0 A 26.0 Route 50 & Prince wBfr B 85.0 B 102.0 A 98.0 Frederick Signalized WBIrR p Drive/Custer WB LOS A D ➢ 182.0 D 120.0 Avenue NB/LT D 59.0 46.0 D 39.0 NB/R B 26.0 B C NB LOS D C 163.0 C C 101.0 C 92.0 SBA.TR C C SB LOS D B Overall LOS B B • Auurncd 25 fat Vehicle Length EB - Enstbcund, WB -Westbound, NB - Northbound, SB - Southbound 4 Len, T:Thru, R: Right T+n+�cT»roacr.fnaJvsfs ofGovor»asHill Develoy»rerU Pjet Nu 13415-1-3 August 4, 2008 H ro Page 12 Table3 (Contlnued) Governors H111 Development Levels of Service and Back of Queue (95%) Results m,,.+.., t �mc at�eL..v.,,lo,t 'r.-om� 1�.,,,Ait{�„c !with Acenmerl Tmot»vententsl Intersection Traffic Control Lane Group" Approach AM Peak Your PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Bnck of Queue LOS Back of Queue Route 50 & In erice Way/ Covcrslono Drive Signalized EII/LT A 25.0 A 25.0 A 61.0 cure ED LOS A A A WDrI' Land 1 A 45.0 A 35.0 A 234.0 WBrTlane•1 WB/R A 25.0 A I 25.0 A 32.0 WB LOS A A A SB1LR C 1 71.0 C 1 52.0 C 59.0 SE LOS C C C Overall LOS A A A Route 50 & Sulphur Springs Road Signalized Em. A 25.0 D 105.0 C 251.0 EDlI' Lana 1 A 25.0 A 25.0 A 131.0 IlB/T l.cne 2 EB LOS A A B WBfr Pone I B 120.0 B 312.0 C 205.0 WB/T L.anc 2 WB/R A 1 25.0 A 25.0 A 1 25.0 \V13 LOS D B B SB/LR C 229.0 C 1 107.0 C 223.0 SO LOS C C _ C Overall LOS B B B Route 50 & Victory Road Signalized ED/L A 25.0 A 25.0 A 25.0 EB/TLane I A 57.0 A 40.0 A 28.0 EArr Lane 2 ED/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/1, A 25.0 A 25.0 A 25.0 WBrr A 45.0 A 174.0 A 61.0 WBITR WB LOS A A A NB/LTR D 76.0 D 1 120.0 D 1 67.0 NO LOS D D D SB/LTR C 25.0 A 25.0 A 25.0 SB LOS C A A OverailLOS A A A ' nYlUI11LU cJ ILwI ,..,+,,.,w ..w,.a..• E•D - Eastbound, WB-Wcstbound, NO ^ Noribbound, SD R Southbound L: Left, T:Thru, R: Right rf TraCtchupact Aualvris oiCoveect Number: 13415-1-r Project Number: 13415-1-3 7 August 14, 2008 --jj Page 13 PHASE 1 -TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) k Generation Report, PHR+A has prepared Table 4 to summarize the trip generation for the proposed Phase 1 Governors Hill development. Tnhi9 4 Proposed Developtent: Governors Hill Development phosel-7015Trip GeuerlitlonSuminary SATPeakxuur AM Peek flour Phi Pratt Hour ADT ADT Code Lend Il1t Amount in Out Total In out To fit In Out Total 220 Ayarontnl 128 un(ts 36 36 72 749 13 53 66 57 31 88 75 1 128 115 247 2,787 820 Strapping Cord> 400,003SP 251 161 412 770 780 I2,S0o 17,176 1.034 954 I'm 19,988 820 StoppingCmta Sub•Tota1 314 376 691 953 911 1,863 20,849 1,198 1,105 2,307 23,624 /nn7ml Afp RrGudton (nmr 5% 1514)' 14 14 128 36 36 73 1,102 31 31 64 1,061 1Ze1nr1Pm1.6y Trip R<Anc7(ou tnins 2594) 50 so 103 183 I83 366 4,156 245 245 489 4,864 Total Weer, 1 to 250 314 Sbd 7J4 691 1 425 15591 922 829 1,754 1 17199 Fcr Cheplcr 527 T:A _,-Meat bi I.T. At. toll and 15:4 Intmal uip uduNiom a e appficd u rutdmf0l Arf p;ek hour, Yb1 p:al hour and 74•hov ulyr, raPcgncly. PHASE 1 - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Phase I shown in Figures G 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 1 - 2015 BUILD -OUT CONDITION'S 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 951h percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included ill the Appendix section of this report. A 77aIRc Lnoac! Annlvsis yLoovernors Hilt Develonlrrent P JL L Project Number: Augu t 14,21 8 y 4 Rj August 1d,2014 ,IJl Page IA 10M Figure 6 Phase 1: Trip Distribution Percentages P Tin�cInrpncl 1imlysisolY;oveirooiarnb "Evelr:134 5-1-i Project Number: 13415.1-3 August 14, e 08 15 Page IS Figure 7 Phase 1: Development�Generated Trip Assignments /� Project Number: 1 M15-1-3 P���-1-I- ! \ August 14, a 16 �1 1. Page 1G Figure 8 Phase 1: 2015 Build -out Traffic Conditions ! Traffic Lnnac! Analyslr olGovernorr Hill Ueveiownem PHR , ProjectNumber: t 14, 2008 1-�11 � August 14, 2008 Page 17 Figure 9 Phase 1: 2015 Build -out Lane Geometry and Levels of Service A 7iarc Lnoact daalvsl�QjGovernors Hill DeveloaPIC!" /� Project Number: 13415-1-3 PT_1{+ 1 August 14, o 18 1 �-1 Page 18 Table 5 Governors 1I111 D0v01opmud Levels of Service and Anch of Queue (95%) Results m.. r...•.ua..... x..arh A --a Tu--ruenssl Intersection Traffic Control _.. Lane - Group/ _ AM Ceak}lour PM Cesk Hour SAT Fealc Hour LOS Baek of QueueQueueDD11.T L�S'3LOS or QueDock eApproach Roulc 522 & Coskll0 MNt SI llzcd 8na C 25.0 D 25.0BB/R C 25.0 C 25A RD LOS C C C WWI. D $2.0 D 93.0 D 132.0 WB7LT D 92.0 D 92.0 D 141A WEIR A 25.0 A 33.0 A 55.0 %VD LOS C C C Nam' A 25.0 C 25.0 U 25.0 NBrr Lan.- I D 145.0 D 2.320 C 234.0 NBlTLan02 NB/rR ND LOS B D C SOIL D 80.0 D 212,0 C $02.0 SBIf A 154.0 A 212.0 A 130.0 SOM SO LOS A B C Overall LOS B B C rrincc fndai:k DrWe MI, A 25,0 D 25.0 A 25.0 ➢Bat- dCorldio Dd,-c Undg7mi4ed NBILT A 25.0 1 A 25.0 A 25.0 SB?R Rowe 50& P^nce Nnderkk DrivdC.kr Avenue Slsmlixed EB/L A 25,0 D 151.0 C 90.0 BBrr LncI C 265.0 C 354.0 C 377.0 EDR' Lane 2 PM A 25.0 A 21.0 A 25.0 BB LOS B C C WIM A 25.0 A 25.0 D 25.0 WB? D 93.0 C 387.0 D 264.0 1V➢/iR VVB LOS A C D NB/LT D 59.0 D 08.0 D 120.0 NWR B 26.0 D 45.0 A 25.0 NO LOS C D C S➢7LTR D 169,0 D 138.0 C 113.0 SD LOS D D C Overall LOS D C D Rowe 50 G I-l:c Way' COvcldone Drlv: IiuJ 8� • OWL B 25.0 D 40.0 D 25,0 EM We I A 296.0 D 117.0 D 167.0 EMLcc 2 EDAi A 69.0 A ".0 A 126.0 EB LOS A A B WWLIne I C 46.0 CE45R.Q� C i92.0 WO'L Lace 2 WBff Lan: 1 A 70.0 BSi WBrr Lane2 IVBRt A 25.0 A A 25A WB LOS B B B NB/L D D 97.0 9G.0 C C 198.0 198.0 D D 247.0 249.0 NMT NB/R A 25.0 A 131.0 A 124.0 NB LOS C B C SM D 52.0 D�BB SB?R A 25.0 A So LOS B Orerail LOS B EB - @estbound, WB-WenbOnnd. NO - Nol0ound. SO - S0Wht0-d L: Lcft, T:Tluc, R: FJOA A7raflicImpacf Ali a a a7yovernor, rim r��, 1- /� Project Number: 13415-1-3 PH A / 1 August 14, 2008 l �-t PRge 19 Table 5 (Con tinued) Governors 11111 Mvelopntent Levels of Service and Bacls of Queue (95%) Results Fbase I - AV I:) 33UIIU-uul AMFeakHour rMPeak Hour SATPent:Hour inlcrsectlon f,anc Traffic Grou f LOS Back or LOS Back of LOS Bachor Queue Control Approach Q ucue Queue EB/L A 25.0 D 24EA D 333.0 P91r lane 1 A 62.0 A 72.0 A 70.0 EBlr lane2 B FIB LOS A B 11001150 & S{enaliud WB/f 1.nnt l D I55.0 C 522.0 D 312D Sulphw Spelegr WBR taoe 2 26.0 A 25A Road WEIR A IS.O A WB LOS B C C 173A D C 450.0 S13/l,R U 225.0 D SB LOS D C C 0ye.11 LOS 13 C 73.0 A 25.0 EBIL A 25.o A EBtr Lent I A 40.0 A 91.0 A 35.0 EIVr L°nt 2 25.o A 25.0 A 2sA EB/R A A &B LOS A A A 25.0 A 25.0 WB/L A 25.0 Route 50d Sip/lali. WB1T A 55.0 A 242.0 A 101.0 Victory Roed WB/rR A WB LOS A D A 120.0 D 67.0 tv'B+L7'R D 17.0 D NB LOS D 25.0 A U 25.D A 25A SB/LTR C A Sit LOS C A OvaMILOS A 13 A 376.0 D A 433A E0.+L C A 118.o 25.0 A 25.0 A 25.0 EH.? D EB LOS C A B 25.0 A 25A Coveratone Siplelired W9?R A 25.0 A A Drive & SII, \YB LOS A D 40 F0 E 13G0 .Iiya 9y SF3lL D 13.0 A 192.0 A 213.0 S0.01 SH LOS A 25.0 A B D Overall LOS A D e AfeWled D 25 rCtt VChIeIC LonOt1 BB ^ Bnlboutd, WB-West>uuad, NB . Northbolmd, SD - Southbound L: Lcfi, T-.ThM. Rt N¢LI 71 arc Impact Analysis of COPa1710M Hill Development Prolcct Numugu t 14, 21 8 August 14, o 20 Pagc 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 PHRA-A has provided analysis for the "Proposed Scenario" I— Scenario #l. 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 hiverlee Way. Per scoping agreement with the Virginia Department of Transportation (VDOT), Analyses are provided for two (2) additional scenarios: i4VDOT/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, PI-IR+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 7"' Edition of ITE's Tri Generation Repo? —I, PHR+A has provided Table 6 to summarize the 2025 "other development" trip generation. Table 6 2025 "Other Development" TrIp Generation Suinninry code Land Urt. Amount AM Peak ]lour to Out Total PAS Peak Hour In Out Total AOT sat peak llour In Out TOO ADT as Ti Subdivblon c 210 Single -Family Detached 115 units 22 67 90 78 44 122 I'm 61 52 117 1.2Do Total 22 67 90 717 44 122 1150 61 52 I17 t 20D Of the SS5 units proposed for the Rams Subdivuon devehprncnt, 470 uaaa are oceuptm. A 7>'aft lnlenct Anplysls !2fGoverntors N Nib Development Project Number. 13415-1-3 �" � August 14, 2008 IL X Page 21 Figures I Oa through 10e show the Phase 2 2025 background weekday and Saturday ADT as well as weekday AM/PM peals hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area for Scenarios 1, 2 and 3, respectively. Figures 112 through Ile show the respective weekday AM/PM peak hour and Saturday mid -day peak hour levels of service at the study area intersections. Tables 7a through 7c are provided to show the Phase 2 2025 background weekday A1v4/PM and Saturday mid- day peak hour levels of service and 95a' percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNCHRO level of service worksheets are included in the Appendix section of this report. 4 9}aEjc hnnac! A+ralvsts ofCovernas [fill DO"IOan+en! ProjectNumber gust 4, 2008 H n�s�st ta, zoos Page 22 I Figure 10a "Froposed Scenario" I Scenario #7 - Phase 2 2025 Background Traffic Conditions ill velopa ,4 D-aft Inipac!Annlvslso(Cover7roP,4R+AN Number. r. 13415-1-3 Project Number. 13415-1-3 August 14, 2008 Page 23 h No Scale 4, p (63 j�(�ss_6(/q9l 01� h 522 ti �� m J �% 23�6p I6/Z9(6Z )gyp°Z�VRp(s1/ z(68�)/yqq) h f4S 4 `1h�� 1 � p `S � hb'� ITE,+ ° ♦o Sul hurS '� o0000` /7r7"gs Road sza� SITE ; S0 1 810 Fx Saturday A.DA.D �-y A AM Peak Hourly Peak IIour)jSAT Peak Hour] Figure 10U X1111 ..,—l- ,qcenario #2 . Phase 2 2025 Background Traffic Conditions 1L7Solrc bnnoc! Analysis of Governors Hill Development project Number: t34, 2008 PH August 1A, e24 Page Figure 10e "VDOT/County Requested" Scenario #3 - Phase 2 2025 Background Traffic Conditions 7)a c Lnoncl dna(�sis of c;oyeect Number: r : 1341 Project Number: 134] 5-I-3 PT� August 14, e 08 25 Page 25 r No Scale 3 V1L Slgnauud eInlesarcaen , �. Lcs-nrcnn Unaignallutl Inters�"e'cti�on �; Improvements" Los-n(a)Icl y r A°' V JZo Un ersec lon �hD,�yo Intcroectlma Signalized w G� '(t y. �� :�ny r �% Inlcssecllan N'0,Q, LOS=n(0)ICI \G\ g SITE Q `, (9J! �f% . s 4h t2r:a�a�► Road szz b:�, SITE r �1 \�,-) •,ge "Su 1 csted +� '� Unslgnallzcd :Inicrlttllon; Improvcmcnit° ios=A(A)IA Slgnansatlon r,� inlenedlm, 40°b4 �q�a 50 >'•' dry:,' �- Denotes stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Pealc Hour (PM Peak Hour) [SAT Peak Hour[ Note: See Table 7a for levels of service by "Lane Group" A Note: Funding for "Suggested Improvements" has yet to be indentlfied - Figure Ila "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Lane A 7)�a(/ic L,macl Analysis otGayer7m4 Hlll DelIelopnlent Project Numbor: 13415-1.3 P�" '�"RA August 14, a 26 L I Page 2G 7\'o Scale Signalled Ldenectten P COsrr `c Unslgnallz d rntemection Unslgnpltzelond InkrsEel� as // ti c`�9 Sc KK qc� A Signalled ��„I y4`� f%t inlerzc•cflon 1� SIT `oo��111,11ciY4�Gl�C� tisRoad SITE � `� ,YP "Suggeticd h. Improvements" �� t �r� Undgnallud A Slenstlution / d. r inlersecllon o 1Denotes stop sign control Denotes traffic signal control * Denotes Uns(gnallzed Critical Movement AM Peak hour (PM Peak Hour) [SAT Penh Hour] Note: See Table 7b for levels of service by "Lane Group" —J-T Note: Funding for "Suggested Improvements" has yet to be indenttfied l Figure 11b Scenario #2 - Ph PI11� "VDOT/County Requested" 2 20252 2025 Background Lane Geometry LOSLane Geometryand LOS A7'r•a�c1nlyacrinalyvls ojGovernors Hill Develonntenllntvact inalyds ojGovernors Hill Develonnlenl Project Number: 13415-1-3 August 14, 2008 Page 27 *7 '4'r�l No Scale e Slgnullnd � ,�- Inierccelion \�' LOS=MClln Signalized Internell a \ I,OS-NB)ICl 1\G U1161palized InUlrntrce�cltyons SITE Stgnellua ?��t o,e,A t os-w)lc�`�P Sul hurS rn sRond N SI�- 'I'E �' �y � r� N v 0 ���Unsignallu-0 �r Interceeilon enotes stop sign control es traffic signal control ized Critical h1ovement 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" leas yet to be Indentified -t- I e 11c INDOT/County Requested" Scenario # 3 - Phase 2 2025 Back round Lane Geometry and LOS A 7)a111cDnoacl Ant f!2overnors 11111 Develoyntenl Project Number: 134 D-1-3 j_ August 14, 2008 P - Page 28 ToMe 7a Governors 11111 DevelDPNm➢1 LGYCI2 of Smite and BD'k of Qucut (95Y) Retullt Ph-7::>! Re roe rn,.n,t Trnfllr rn„ADlnnr Arleh ArenrnrA In•nrnvrmen![1 101ertt<IIDv T7t1Jlc C..h. Lvvt C-pf ABM Ptel:If- PBS P,.k 110ur LOS Deck Df LOS Bid Df QPCDeHULT Rex3r 322A SipW,W C 23.0 C 2SAnm C 25.0 A .ED ISAATgir LOS C C \t'D.4. C 67.0 C 6TA1VBfLT C 67A C KoNVIM 8 73.0 B S0.0 WB LOS C C C RUIL A 2SA C 2f.0 C 210 /bntOc Dri, N8174M1 HW7 L-2 NDITR a 159A C 2]6.0 C 513.0 NR w5 D C C SIVI. C I or C 104 C 735.0 SD7 SWR A 166.0 A 213.0 A SD LOS D C Orrnu ws D A c Frlatc frcdutcl Dtirc d Cosldb Um(p litW EDA. A 23.0 1) 1 25A A 25.0 8" NRLT A 23A A UA A 25.0 sm P-.50R P62 frNaia Drive'LWIn Armac Ett.'V d BBO. A 25.0 ➢ i1.0 A 46.0 ENrl. 1 BDfi L-2 A 13110 A t21D A t20.9 8M1 A 23,0 A 21.0 A 25.0 ED LOS A A A WD& A JI.O tl 59.0 C 720 WLL7 \1•W]R A I/A C f6.0 C 2IlA 1YD LOS A C C NA7.T ItA C 1 174.0 C I0.0 N8'R ➢ 23.D A ]6A A JLO NB wS C C C SD,IL7R C 157.0 13 1 wo tl no SD LOS C 8 D orrnnw3 n C D R-5 Ivexrl¢)Ye7 SifmVeld EA/LT DDT p u3.0 A I tLo A I 7L0 ED LOS 8 A _ A \VDT Un'I WB L-2 A 191.0 A 411.0 A 10t.0 WVJR A 23.0A 23.0 A 2J.0 I LO] A A A SD6.R C1 74.0 C I S2.0 C 1 60.0 SB wS C C C Orerrll LOS B A A Rvinc SaA SrIPhm Sptvp R6v5 Sltulitnl EDh A 2SA C 192A D 2NA DWT U.1 NWT L-2 A 57.0 A 63A A 33.0 PJI LOS A B 8 \v➢fi4arl \VA?4nt2 C I51.0 C J74A C I-o %Y➢/A A 29.D A f" D 510 IY8 LOS A C C SOM1R C 26Jo C ISI.D C 2".0 SD wS C C C 0-01 LOS D B C RJ0i:S01 VI-Y R0W Slpuli" ABA, A 2SA A J7.0 A 23.0 it,T1 HWr U'02 A SIX A 121.0 A X0 atl2 A 21.0 A 1 25.4 A 1 25.0 SD LOS A A A IYM A 21.0 A 2SA AT 25.0 ALIT WDT A solo A 2W.0 A 61.0 vve w5 A A A NWLTR D 1 76.0 D 1 f 19A Oi 7.0 No LOS D D D SDA.TR C 1 2SA A 1 15.0 A 1 210 Se LOS C A A 0".1 Lou A A A • Att1ux6 7J RCI Y<riclr lSntu Etl • Pu Aaw1, WA •\Vatb.rd, NB • NONbn+rd, Si • SDUINaard U 4R T:TkA A, RIj24 A 7-haffic ImpactinalysisolGovernJsHillDevelopilto Project dumber:13415-1-3P August 14, 2008 Page 29 Tclde 91t Gowilo7311111 Dt3rIDp❑Irnt Lowly of Servlre And DAO, of QIIOIIE QS%) R"P[is .dn. Ave snd hs mente) Sromlo 5nlrnrgicn AZ-7'ncse<<o<a Tnfnr cmkol oua,I W°t CrouPr ApprO+rh AMN k!lour YRS PrOk U.., SAT YnkIIOVr LOS Dlck of QDeut !AS 69rkof Quru< IAS Bcrk of Quenr PA/LT C 2S.O C 25A C 25.0 BaR C 25D A 23.0 C 25.D ES LOS C C C WHA. C 7S0 C $79 D IOLO MAT C 75A C t6.o D III.D 1YDR p 25.0 O Sao A 37.0 WE LOS C C B NHA• A 25.0 C ISO C 25./ hale SllA Coslrtlo Dm< SISnrlircd NBfl L.nel 0 I560 C 276.0 C 202A ND/1 L-2 Namt NB LOS B C C SM C 7/.0 C I➢3.0 C 50➢.0 SB? A IC•1A A 2L5.0 A 125.D SMa Sp LOS A B C Orrnli LOS D B C rrk.r Prtdtr{tl Drin ACcrNIN Rirt UaslLrvlurd HBA, A 25.0 a 2S.O A 25.0 Pahl NBA.7 � A 25,D - A IS.O - A 25.0 SDTR - Rousc 50 A PAnro Pmlttkl DQroCoslsr Arse su.' Brrd EBL A 2SA C 11" C 15.0 Fwrllncl ❑ 105.0 A 112.D H 910 BBrr 1-2 ELLR A 25.0 A 23.0 A 23.0 E0 LOS B ❑ B W&IL B St 0 ❑ 5t.o B 76C " B 12o C 315.0 a 1130 WB/rR IVB LOS B C B NMT D 26.D C 1260 D 51.0 HWR A ISD A 78.0 A I5.0 NB LOS A C e Sa'LTP. B IDt.D C 12D.0 p 146 SB LOS B C D Oymt LOS B C D B°W<SOR InvcAre l3'er Ucrl3rulittd Pp? L-ue 1 {yBJr [axl 5373/1 L<n:2 NY AIR Rook 50 d: Sdphw Spricfs Rn1d S1L.srlicd EIVL p 47.0 C 1f29 C 291.0 BINL.M1 Ban Lrn•.2 p MA A 65.0 ❑ 91.0 EB LOS _ B H H %VWr Lrml 1VIvrL- a t/.0 C 371D C 2220 1YVIR A 2f0 h 6D.0 A 39.0 1VB LOS B C C SBA".. D IW.p C Is/.0 C 729A SB LOS B C C 0". LOS B B C Rrnlc So& Vid-Y Rord SILn.lhc d BRA• A 2SD A MD A 2Sn E&'r L..i DWY Lvi 2 A 10$.o A 92-0 A 66.0 BIyR A 25.D A 2SA A 2SC EA LOS A A A IYM A Isn A 250 A 2f.0 WII/r A 50o A 2D0.0 A 6tA WarrR {VB LOS A A A NBA.TP. D 1 7TO D 119A D 87.0 NB LOS D D D SM.TR C 75.0 A 25.0 A 25.0 BD Los C A A OrrrcI LOS A A . A�tmrd A 35 rrN VcfikSe 4ry6 BD. b,f. r , WB-Wn6-6. NB- 9u6b.-d. So - SanhSau6 L L<R. T'7hrr. R: NLhI f Ur Mc! Impact Analysts of Govel•norr hill Deyelo 2 P Project Number: t 4 , 2008 " August 14, e 30 Page 30 TB 17 Covernmc HIII Derticpm V4 Levt19 or&mict and Back of Quite (SS%) Rccu III Intenrcllon TrafBt Control Ltnr ROupr Approteh Ahl Peet: /tour PAi P<Ik Hour SAT Pttk hour IAS Drd:N Qume LOS Bnk of Queut LOS Daek of QOtur Slld Slpulud PM.T C 15.0 C UD D 7S0 CDR C 7f.0 A 75.0 C 75.0 TD IA5 C C C WB/L C 674 C t7A D III.D WNLT C 67.0 C no D 146.0 {YD/R D 73.0 B SOD D IlLo {Y8 LOS C C C NOA. A 75.0 C 23.0 NMU11I Mtrl.-2 8 139.0 C 776-0 fc ff R9M He LOS B C C S C 660 C I51.D C ]31.01-SDrr A 164o A 71" A 117.0 SM SOLOS A fl C 0- 1 LOS I8 B C PA,rc hdakl Dirt L Cortlic Ddrt Wti d A 75.0 11 73.0 A 75,0 PDB: 1'RII.T A 73A A 7f.0 A 750 Spiry Rout$0t m tick OIwo.. A-, 516vt'lnd im A 25D B tID A /60 PD/r4ee1 A 111.0 A 111.0*A1EB?L-7 E OTI A ]!0 A 75.0t0 LOS A A WB/L A SIA ID 59.0r VvDC W.0 {TD LOS A C C NWLT C 1 IS,O C 1 I71.O C Io.0 Nfl7R D 160 A !IA A 17.0 NB LOS C C C SB/LTR C 1f7D D f9D B 71.0 ED LOS C 8 B O-OI LOS B C B R I: SDd I.rnlu Way Silctl'ual MILT 11M If if1.D A i7.0 A 7I.0 ED I" D A _ A Wall I.:I 14'RT i�:e7 A 191.0 A 111.0 A IDLO WWI. A 71.0 A 13.0 A l5.4 {9a LOS A A A Sall. C 71.0 C MO C t00 EB LOS CI C C 0,-H UDS B A A Rote 59A 5.1,1" 5p,;ep zo off.,11at4 Ea7L A 75.0 C 1910 8 134.0 E1Vr Lv'e1 EB7Lt0t1 A SSD A LSD A SS.O ffi110S A e e {9B'f Lind Warr1-2 C I31.0 C 37/D C MV WIVR A 39.0 A 6110 B 55.0 \Te LOt B C C SWI,X C 759.0 C 1 1540 C 716.0 SB LOS C C C Orrrta LOS B D C Rome 30C Yrory R011 stpJ'td EM A A 3).0 A 2S.0 Darr Unel fD?Lrc7 A ];;, A 111.0 A AD GOnt A A 1 130 A 25.0 U LOS A A A DTI. A 73.0 A U O A 73A VIM WIFE. A MO A 700A A 6L0 \vA LOS A A A NWLTIS D if0 D 11L0 D D7.0 ND LOS D D D S<R C 75.0 A ]S.D A 7S.o SB LOS C A A 0rmll L05 A A A PA � EuherA, WB-Watbw06, NB � NoM4ao4 5D' S0N)kvrd L• 40, T:T1µ R:lUDA1 11T1fcTn7Dacl Analysis of uovenarsnllipepelf)nn7ent Project Number: 13415.1.3 PH -f August ]4, e 31 Page 31 PHASE 2 - `I'I211' GENERATION Using the 701 Edition of the, Institute of Transportation Engineers' (11,E)I IP Generation Report, PHR+A has prepared Table L to summarize the trip generation for the proposed Phase 2 Governors Hill development. IO t'ropoacd navelopmouh Governor$ Hill Devetopmenl Ylmae 2.2025 Trip GBRrAlltln Summary TRIP DISTRIBUTION AND TRIP ASSIGNMF'NT The distribution of hips 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, hlgures 13a through 13c show the corresponding development -generated weekday AM/PM peals hour trips and ADT as well as Saturday inid-day peak hour trips and ADT. 2025 BUILD -OUT CONDITIONS The Governors Bill assigned trips (Figures 13a-13c) were added to the Phase 2 2025 background traffic volumes (Figures 10a-10c) to obtain Phase 2 2025 build -out conditions. I1gures 14a through 14c show the Phase 2 2025 build -out weekday ADT and AMl1'M 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 9a through 9e to show the Phase 2 2025 build -out levels of service and 95t1' percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNC1• 0 level of service worksheets are included in file Appendix section of this report, --- —'-'-' � •p�C /1f17a5i �i! f U vnntnYi iJlil J)CVfIOD_i1141ii Project Number 13415-1.3 PT Yl A August 14, Pega'32 632 Figure 12a "Proposed Scenario" Scenario #2 - Phase 2 Trip Distributh P _�� A TialTc Impact AlralYsls ofyovernoN Number: 13415 Project Number: 13415-1-3 H August 14, e 08 33 Page 33 No Seale Residential Retail Figure 12b "VDOT/County Requested" Scenario #2 - Phase 2 Trip Distribution Percentages 4 71 a01c Impact dnalysls Ot&vernors MY Development P JL L Project Nu 15-1-3 August 4 , 2008 August Page 34 No Scale Fsidential Retail ie —^ Figure 12c "VDOT/County Requested" Scenario #3 - Phase 2 Trip Distribution Percentages A zrafnc m+paap joct. tuber: 13 - - P JL L Project Number: t 14, 2008 H August 14, a 35 Page 35 I Figure 13a "Proposed Scenario" I Scenario #X -Phase 2 Development -Generated Trip Assignments A ?)-4�EjC J/llpOCI AnalySIS 0! UOV¢Pgpls nnr t✓eYrrvvnu� Project Number: 13415-1-3 P R— August 14, a 36 Page 36 No Scale N N ti a CY6-tr o (32J(26)S. C. SITE e— \ 1321(26)5.-V Saturday ) AM Peak Hour(PM Peak Hour))SAT Peak Hour) * Denotes Puss -by Trips Figure 13a-1 "Proposed Scenario" Scenario #1 - Phase 2 Development -Generated Trip AssI d Rafflip Liipacf deal sY IS ofGovernors Project N mb r; 134 pwwtt PT� Project Number: t 14 15-1-3 , 2008 August 14, 2008 Pogo 37 AM Peak Hour(PM Peak Ilour)[SAT Peak Hour] * Denotes Pass -by Figure 13b "VDOT'/County Requested" CePnarin #2 - Phase 2 Development -Generated �%Sn c Imr. -'psis ofGovernore HtliDevclop�t�ent Project Number;34 Augost14,2008 PHRAPage 38 l X Saturday ADT AM Peak Ilour(PM Peak Hour)ISAT Peak Hour) * Denotes Pass -by Trips Figure 13c "VDOT/County Requested" Scenario 43 - Phase 2 PHR+1� A Traffic lninacl Analvsls o(Gevernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 39 I urc 14a "Proposed Scenario" Figu re Scenario #1-Phase 2 2025 Build -out Traffic Conditions A Ira e Lupac! Analyris ofGoverna r HII! Developnrenf /� Project Number: 13415-1-3 PT4R+ / \ August 1 a e 40 .,L \1 l Page 40 n No Scale S.r,i4(g)J91 Drivewa 111 �" 0(0)I0) 16911(556)120� 17lvcwayrrl F l01(0)0:4 132)(26)5--, M 14 6 2 7 6Lyo Driveway## 1122)(100)20W-11 Da 0(0)101--� 132J(26)5b- ,r X A SITE 1)"r va 112 53 SITE Coverst_one Di 13ti� ry°y�3 i /; 3 02 l �Y 43a \�q� M ry l�S I[ ? bti1`�^til �° �9(sr�40 b \Y t �614�g, Q61896*-S %SCJN J)�5 �..C. Saturday ADT � j j) /� 1 T TI C'1 / Y AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 14a-1 "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Traffic Conditions A 7}alTc InraactAnalysis ofGavernorsFl!!1 Develonnreat Project Number: 13415.1-3 August 14, 2041 l�—lj. Page 41 I Figul e 14b "VDOT/County Requested" yra!!!c impact gaarysrs o!vuverovruumr r.uss_: '� /� Project Number: 13415-1-3 PT—T + \ August 1 r 2002 j` ` ` Pnge 42 JL FN—Ure 14c "VUOT/County requested" I - Phase 2 2025 Build -out Traffic f 7Ya0JcT»marl A»alvsis o0overnors HW Develo»»ieN Project Number;.l34.15-1-3_�__ Pj 7 +' August 14, 2008 11---11 Page 43 SEE "EXHIBIT B" FOR DETAILED DIAGRAM ':�SIF<nai�ud':} "Sugguhd 'rl'niererefloga Improvementt" bSull(D) . l4fl Nil Re- (ripe o Scale f: c•; Slgnsilred Inlerseclion le LOS-B(C)IDI UnsignAHze-d Intellection t +' 't' _ SEE "EXHIBIT B" FOR SEE "EXIIMIT B" FOR DETAILED DIAGRAM DETAILED DIAGRAM GSigtiallzEdi;` "Suggcsted ?$Ignajlud led Yiitei%ei@Ion` Improvements" Improvements" :'fi(16s:0hon: Improvements" (OS3i(C�ICI Slgnniksllon ! bS.sA(CjlCf SB -1 Left EB-1 Left,I Right IVB - 2 Leo ,.5'"�; :"•• .,..r�. �', NB•4thLeg SITE %J/4i Signellud Intersection LOS=BMIFI ur SJ),hISs ..,R°ld SEE "EXIIIBITB" FOR - •:u' p `ls' ,'_•ice, .. i�r' Gl DETAILED DIAGRAM :::SlgSilhZtU� _ ..Suggested , 2� • ••��,, :':InteiieFtlpn�'' Improvements" :i:9S�A(n)In1' Slgndlealfon \i' NB.ILeft fSlgnsliztd,' "Suggested Unsfgnalfud SB - I RI ht '7ntirsFcfiOn: Improvements" Intetlection Ws=A(A)IAJ Signaliralion •`'.;. rr,�;.' `�'.. t. is Denotes stop sign control Denotes traffic signal control q Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT PeRk Hour] Note: See Table 9a for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" have yet to be hidentified -1 H N.1 L _ Figure 15a "Proposed Scenario" Scenario #1- Phase 2 2025 Build -out Lane Geometry and LOS ,4 7)-a11lc f nVacl AuaW1$ ofGOVO-1tors Hill Develoyuleal P Project Numug u t 14 , 2008 H August 14, e 44 Page 44 NoS Q Denotes stop sign control Denotes traffic signal control * 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 IndentiIIed Figure 15a-1 "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Lane Geometry and LOS A 7)a c Import Analvsls ofGovrroDgY9zQPMtU Project Number: 13415 -1-3PT� August 14, 2008 Page 45 1 "S!prcll 11iYcrice igs-e(i o SCEIC Stgnnliud Intenect(nn G\ LOS=B{c)lol��• /O/d% O(CjJ�J " C ry Untlgnnl!zcd Interstcflon U 15b Islenailud Inlereettion Unslgnaliztd Intersecllan J Ali SITE 1 M�/ko SITE ° SITE :Inl�ritcllon, Improvsmmrb" LOS�A{A)jdl. Slgnaltzellon Impm-yemen"', B • 1 Left,1 Rlphl �YB - 2 Left NB-Alh Leg R. I Len. •�����III�`j���Utulpnal!ud / �4 Inknectlon 2b v�1rJ, `.�",:�. •`'�:;.Denotes stop stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM peals Hour) [SAT Peak Hour[ Note: See Table 9b for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" Ila$ yet to be iudentitied "VDOUCounty Requested" Scenario #2 - Phase 2 2025 Build -out Lane Geometry and LOS A TraOic �n+nart aah's1�9�Go1 errors Nl!! Peve onnr nl b 13415 I-3 P„ Project Num gu August la, e46 �LJl Page 4G •Sigiielizeflj?:.': "suggeslcd �tn{dreecfltili 'J, Improiemenlc" `- Re-strtpo No Scnlc Slgnolfzed Inleraedaon \ LOS=R(C)1D) qR �j' { `"�'�Dr/�" Intcrarclllon a tl 15C �� � ••1',gt�i�cctjb'rt� Improvemenlc" 1' { DI Siri A rq y Q 1f . 2; ED • I Uri, I IAgat LtO ND-4Ih Leg Os nAN ud Bsfcrscdliun �"•F••L SITE [.OS=A{A)IAI Slgn¢Iirallon ✓�W :..: _V i (4nUslgnollznl ��•f�,A. Inleneclion • �� 0 Denotes stop sign control 4� 9' •'+'. �Denotes traffic signal control �'�.¢��?'• ' •:` ;.. * Denotes Unslgnalized Critical Movement AM Peak Hour (PM Peak Hour) (SAT Peak Hour) Note: See Table 9c for levels of service by "Lane Group" T.,.,A:.,n r I—e—emnnfc" has vet to he Indentifled "VDOT/County requested" �C_ d Tia01c I paclAlra/Nsis of t7V¢YAt N e13 15-1- )� t', Jul Project Number. 13415-I-3 T'( `.1 August 14, 2008 LHl Page 47 Table 9a Governors Hill Development Levels of Service and Rack of Queue (95%) Rcsul(s -rp..-.dlrt..00 1u411. Aremmpri improvements) JCCnn Interscclion rle ftl - l"11 Traffic Control J]l:4 Lv4✓ Lane Group/ Approach uu..u-..... -. �...- __.. _-.-_.__ AM Peek Hour PA4 Peak Hour _ SAT Peals Hour LOS Bucket Queue LOS Back of Queue LOS Back of Queue Rowe 522& Costello Drive Signaliral EMT C 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 25.0 IB [.OS C C D WBIL D 109.0 D 205.0 E 280.0 1VB/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/L A 25,0 C 25.0 D 25.0 ND/TLaml B 196.0 C 327.0 D 309.0 NBITLore2 NBfIR Nil LOS A C D S➢!L C 120.0 D 3 0 D 712.0 70 SDlI A 174.0 B 223.0 A 131.0 SBITR SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized BBIL D 65.0 E 160.o E 141.0 BBIR II 1 61.0 B 1 77.0 B 102.0 LB LOS B C C NB/L A 25.0 A 1 129.0 C I57.0 NBlf A 41.0 A 708.0 A 309.0 NB LOS A A B SB/T A I 191.0 B 497.0 13 722.0 SB/R A 25.0 A 25.0 A 25.0 SD LOS A B B Overall LOS A B B Roule 50 & Prince Frederick Drivc/Custer Avcnuo Sigttalized EB/L B 29.0 F 245.0 C 99.0 BBII' Lone 1 C 297.0 C 376.0 C 385.0 EB/T Lane 2 EB/R A 37.0 A 25.0 A 87.0 EIS LOS D C C Way D 49.0 B 71.0 C 106.0 WB/T B 104.0 D 793.0 C 469.0 WB/TR W'B LOS B D C NB/LLane I D 71.0 E 447.0 D 289.0 NB/L Lone 2 ND.7R D 1 87.0 C 1 322.0 B 166.0 NB LOS C D C SB/LTR D 184.0 D 1 145.0 p 1 161.0 SB LOS D B D Overall LOS B D • Arm-d C 25 feet Vehicle Leneth BB a Eastbound, WB -Westbound, NB a Northbound, SD a Southhound L: Left, T:Thru. R: Right If X raJlrc lnrpdcr Anatvsrs q! yvrernw� ,ern .-�.ry� Project Number. 13415-1-3 PHR August 14, a 48 iiii l 111 \\ Page 46 Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario ill -Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements Traffic I Lane "Peak Hour I PA4 Peak Hour I SAT Peak Hour lnterscdlon Group/ But kof Back of Backof Coltlrol Anmoach LOS n p p. LOS n LOS n,, ,, Roule 50 & Inveriee Way/ Signalized Coverstom Drive Over.11LOS EB/L D 75.0 E 45.0 E 32.0 EB/I' Lan. I D 2 209.0 C 479.0 D 423.0 Bw lane ED/R A 25.0 A 31.0 A 54.0 E8 LOS A C C 14B/L Lane 1 D 185.0 D 341.0 D 520.0 1VRR.Lans2 WDlT Lane l A 105.0 D 276.0 B 119.0 Wes. Lane 2 A'BB A 25.0 A 25.0 A 25.0 WBLOS D C C NB/L D D 103.0 103.0 D D 223.0 223.0 E E 349.0 349.0 1 NA&T NB/R C 138.0 D 246.0 C 397.0 NO LOS C D D SB/L D 53.0 E 48.0 E 53.0 S➢/TR A 25.0 A 25.0 A 25.0 SOLOS D C C D C C Route50& Signalized Sulphur SprinBs Road Overall EB/L A 25.0 D 527.0 C 234.0 ED/TLanel A 310 A 68.0 A 65.0 , T 2 EDLeno EBLOS A D D WD/T Lane I D 236.0 D 660.0 D 604.0 1VBRLane2 WDiR A 25.0 A 52.0 A 39.0 WD LOS B C D SB/L D 185.0 F 147.0 E 188.0 SB/R D 140.0 D 560.0 C 637.0 SO LOS C D D LOS B C C Route 50 & Signalized Victory Road Overall ED& A 25.0 B 28.0 A 25.0 ED/T Lane 1 A 91.0 A 76.0 A 71.0 EB/TIane2 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 Warr A 97.0 D 381.0 A In.0 WDfI'R WD LOS A D A NB/LTR D 77.0 D 162.0 D 1 87.0 NO LOS D D D SB/LTR C 25.0 A 25.0 A 1 25.0 SO LOS C A A LOS A A A P+1l JLJ- Assumed 25 feet Vehicle Length EB - Eastbound, WD -Westbound, NB - Northbound, SO a Soutibould L: Len, T:Thrt4 Po Right rf Tragic hnpacldnalvsis of Govern i7w h p Deve(opinen Project Number: 13415-1-3 August 14, 2008 Pa8e 49 Table 9n (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results ..an, A__', T.„nrnvemenial SCengdo IntersectionGroup/ f13 - YIIa5e Traffic Control 3 LUL] Lane Approach Awm-uut .. a ..... ................ AM Peak Hour I...._. _ __----. PM Peak Hour - SAT Peak Hour LOS Bnck of Queue Los Back of Queue LOS Beck of Queue Coveratmt° Drive & Driveway 1 Signalized P73.sL A 77.0 C 438.0 C 573.0 EBIrR A 25.0 A 25.0 A 25.0 EB LOS A C C W13/LTR A 25.0 A 25.0 A 25.0 WB LOS A A A NB/L C 23.0 C 33.0 D 63.0 Nllfr C 85.0 C 335.0 C 274.0 NDffR NB LOS C C C �25.0 SB/L A 25.0 D 25.0 B SBfr Lsuc 1 B 204.0 B 321.0 C 378.0 SDtT Lane 2 SB/R A 25.0 A 25.0 A 68.0 SD LOS B A B Overall LOS B B C Covcrslom Drive s&. DrivcwTy 2 Unsignaliud ➢BIL B 25.0 D 44.0 D 59.0 EBITR - - WBILTR A 25.0 B 25.0 D 25.0 NB/L A 25.0 A 23.0 A 25.0 NDIIR SBIL A 25.D A 25.0 A 25.0 SBIILane I _ - - S6lI Lane 2 SD/R Coverstone Drive & Driveway 3 Unslgnalized WE3fLR B 25.0 C 49.0 B 25.0 NBIIR Sf1/L A 25.0 A 25.0 A 25.0 SBIf Lane 1- SBIr Lano 2 Coverstone Drive & Tazwcll Drive Sigtulfzcd EBIL A 30.0 C 86.0 B 235.0 EB/I Line I B 31.0 B 25.0 B 25.0 EBIr Lane 2 MR. A 46.0 A 1 25.0 A 25,0 EB LOS A B B WBIL A 25.0 C 128.0 D 9910 WBII'line 1 A 25.0 C 58.0 B 36.0 W B/r' Lane 2 \YBnt A 25.0 A 124.0 A 25.0 WB LOS A C B NB/L C 70.0 D 200.0 C 56.0 WIT. A 1 25.0 A 25.0 A 25.0 ND LOS B C B SB/L C 52.0 C 26G.0 D 29J.0 SB/IR A 25.0 A 25.0 A 25.0 SD LOS B B C OvcrdliOS A B t' Assumed B 25 feel Vehicle Length E➢ - Eastbotmd, WB -Westbound, NB - Northbound, SD - Soullibuund L: Lett, T:Tlvu, R: Right 4 7)-afc Impact A nalWis ofI302901ors Hill Devefonafe'l /� Project Number 13415-1-3 (�J� tl l Page so 1 Table 9b Covernors Hill Development Levels of Service Sind 1Sncic of Queue (95%) ,e n.md .. . r.-„M r'e. AW— r.vlm Interseellon Traffic Control y+Lane Group! Approach AM Pealc flour PM Pet LOS QueueBook Queue IOS Route 522 & Costello Drive Signalized EBA.T C 25.0 C ED/R C 25.0 A EB LOS C WD/L D 109.0 D NYM7 D 110.0 D WDAL B 31.0 A wB LOS C NBA' A 25.0 C NBfr Lane 1 B 196.0 C ND/T Lan:2 N11/TR NB LOS ➢ SBA. C 120.0 D SBry A 174.0 B SBfrR SB LOS B Over211 LOS B Prince Frederic}: Drive Costello Drive Signalized ED/L D 66.0 F EBIR B 85.0 C RB LOS B NBA. A 25.0 C NBIT A 25.0 C NB LOS A SBfr Lane I A 135.0 D SW Lane 2 SBAt A 25.0 A SB LOS A OvcrallLOS A Route 50 & Prince Frederick DrivdCusler Avenue Signalized EBA, B 32.0 F ER(T Lam I C 243.0 C ER17 Lane 2 ED/R Lane I A 25.0 A EB/R Lane 2 ED LOS B 1VE& C 78.0 C WDIT D 189.0 E WBITR WB LOS B NBA. Land I D 94.0 E N➢A, Lane 2 NBffR D 1 102.0 D NB LOS C SDA.TR D 1 207.0 D SB LOS D Overall LOS C EB - Eulboundd WB -\vest Lf 7)'a tcLnf P�� Table 9b (continued) Governors Hill DeveloPloent Levels of Service and Back of Queue (95%) Results _ _ _ _ _ ... _ _ .,_...us__.. r...t•r. A.,..... a Y.-, nw,mcnls) Ncenarlo Intersection Db -runse Traffic Control L cuao Lune G roa/ Approach uu..u-qua .:....... ...........-.._ AM Peat. }Lour I .... -..... PM Peek Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & ksveskeWuy Unsignalized EBIr Lane I EDIr Lunt 2 Wli/T Lau. I . 1VBITLan.2 W D/R SD/R Route 50 & Covelstone Drive/Sulphur Springi Road Signalized EB/L Lane 1 C 37.0 P 162.0 D 172.0 EB/L Lane 2 EBrr Lan`' 1 D 104.0 C 326.0 D 261.0 EDIT Lan.2 E111R A 25.0 A 25.0 A 25.0 RR LOS D D D 1VB/L Lane 1 D 110.0 D 256.0 E 281.0 1VB/L [ant 2 1VB/r Lane 1 II 131.0 D 562.0 D 179.0 W3/TLant2 WB/R A 25.0 B 176.0 A 41.0 WD LOS C D D NB/L C 51.0 C 205.0 C 266.0 NR/TR A 25.0 D 584.0 C 337.0 NO LOS R D C SD/L D 187.0 p 146.0 C 207.0 SWT C 106.0 C 174.0 C 203.0 SB/R A 37.0 A 44.0 A 56.0 SD LOS C D C Overall LOS C D C Route 50& Victory Road Signalized BB/L A 25.0 B 27.0 A 25.0 FWr L6ne 1 IOU Lane 2 A 25.0 A 140.0 A 25.0 )!B/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/LMA A 25.0 A 25.0 wm A 366.0 A 165.0 WD/fR WB LOS AA ND/LTR D 142.0 DND LOS D D SBILTR C I25.0 A 1 25.0 A 25.0 SD LOS C A A Overall LOS A A + Ai_wmcd A 25 feet Veh(cJc Length ER - Raslbound, WD-Wcslbound,N6 - Northbound, SE - SOelhhalLId L: Leg, TIlina, R: Rigid ,4TraX,C bnnacl rtoalvsls ofGoverno s Hilt el'eLow"CAI P Project Number: 134 , 2008 H August 14, e 52 Page 52 Tnble 9c Governors Hill Development Levels of Service and Baclt of Queue (95%) Results tr..,.....«.. Pi Di...e„ O Omic A..nd_ev! Trefrir Cnnditinne Avith Assumed Improvements) Inlerscetion Traffic Control Lane Crou / Approach AM Pealc Hour PM Peak flour SAT Peak }Tour LOS Badcof Quaue LOS Back of Queue LOS Bnckof Queue Rouse 522 iv Castello Drive S • ra Si lirtd EB/LT D 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 25.0 ED LOS C C D WB/L D 109.0 D 205.0 E 260.0 WD/LT D 109.0 D 209.0 B 262.0 WB/R A 25.0 A 37.0 A 112.0 WB LOS C C D NDYL A 25.0 C 25.0 D 25.0 NBfr Lane 1 D 195.0 C 335,0 D 309.0 NBII' Lenc 2 NB/TR ND LOS B C D SD/L D 116,0 D 297.0 D 712.0 SB/T p 166.0 B 223.0 A 131.0 SBITR SB LOS B B C Overall LOS B C D Prince A}edcricl:Drive R Costello Drive Signalized EBIL B 50.0 E 143.0 E 127.0 ED/R A 56.0 A 50.0 ➢ 142.0 ED LOS B C C ND/L A 1 39.0 A 91.0 B 96.0 NB/r 53.0 A 435.0 A 141.0 NB LOS A A A Writ 235.0 �•-1 B 1 39D.0 B 630.0 SB LOS A _ B B Overall LOS A D B Route $0 & Prince DrivcCuster Avenuo Signalized Ell/L D 29.0 F 199.0 D 125.0 BBtT Lane 1 D 444.0 C 412.0 D 495.0 ElkT Lune2 EB/R A 1 25.0 A 25.0 A 56.0 EB LOS C C C W➢/L D 124.0 C 64.0 1) 121.0 WBrr B 127.0 D 729.0 CFerick 406.0 WBlrR WD Los D D C NB/L Lan° I D 57.0 E 363.0 D 274.0 hIB/L Lane 2 NDRR C 62.0 C 166.0 A 36.0 NB LOS C D C SD/LTR I U 1 204.0 D 1 146.0 D 150.0 SB LOS D D D Overall LOS C D C -n. ED - Eastbound, WB -Westbound, NB - Northbound, SD - Southbound L: Left, T:Tiru, R: Right A Tra e //pact Analysis o(Governors Hill Developmel, Project Number: 13415-1-3 Pj r + August 14, e 53 •l. }1---j Page 53 Table 9c (continued) Governors Hill Development Levels of Service and Duch of Queue (95%) Results n__au:.,.., r-ul, e--i Tmm-nvementsl Ildeneclion Route 50 & lnverlce "ay/ Covarctonc Drive Traffic Control Signalized Lane Groupl AGrouplTt ED/L AM Peak Hour ,..--- PM Pcak Hour SAT Yeak Hour LOS A Back Beck of 25.0 LOS B Back of Queue 25.0 LOS D Back of Queue 25.0 EB/TLam 1 A 242.0 C 444.0 P 398.0 EBIT Lane 2 EBIR A 25.0 A 30.0 A 25.0 ED LOS A D D WB/L C 276.0 D 397.0 E 686.0 1VRIT lane I A 242.0 D 148.0 A 121.0 WB/r Lane 2 WD1R h 25.0 A 25.0 A 25.0 IVBLOS B C C NBA, D 10D.0 D 272,0 E 396.0 NMT D 100.0 D 273.0 E 396.0 NB/R B 46.0 A 96.0 A 93.0 ND LOS D C D SB/LTR C 84.0 D 63.0 C 69.0 SD LOS C D C Overall LOS D C D Route 50 & Tarewnli DriNWSuIVbur Springs Road Sig slized EB/L A 25.0 B1 274.0 C 102.0 EB/f B A27,0 II 105.tl D 8I.0 EB/rR ED LOS A C D 14B/L A 46.0 C 242.0 C 270.0 WLVr LanoI B 251.0 D 661.0 D 352.0 WB/T Lana 2 WB/R A 44.0 B 177.0 B 56.0 WB LOS D D C NB/L D 63.0 D 123.0 D 151.0 NBfrR B 88.0 E 364.0 D 262.0 ND LOS C D D SD/L E 220.0 Y 141.0 F 209.0 SBII- C I 93,0 D 153.0 D 184.0 SD/R A 1 49.0 A 64.0 A 86.0 SD LOS C D C OvcrnIILOS B C C Route SO & Victory Road Signalized EB/L A 25.0 R 96.0 A 25.0 EBIT Lane 1 A 25.0 A 99.0 A 351.0 EDIT Lane 2 EB/R A 25.0 A 25.0 A 25.0 ED OS A A IL WB/L A 25.0FA 25.0 A 25.0 WD/T A 91.0 366.0 A 168.0 WBIrR WB LOS A A A ND/LTft D 93.0 D 142.0 D 77.0 ND LOS D D D SBlLTR C 25.0 A 1 25.0 A 1 25.0 Sp 10S C A A Overall LOS A A • A-.ed `+ 25 feet Vehicle Length ED - Eastbound, WD -Westbound, NB - Northbound, SD - SaalhbOnnd L: Len, T:Thru, R: Rlght { .i 9h Mc Impact 41lnlvsis Orn,,,,a -11012 dill Develomnen[ P �r `.-`. '- ProjcctNumbcr. 13415•I.3 PHRA August 14, 2008 t.. .,. 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 #2 & #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 111 and "VDOT Requested" Scenarios #2, #3 during Phaso 2 2025 build -out conditions. The following describes the improvements suggested for the study area intersections during Phase 12015 build -out conditions: Phase 1 (2015) Q Route 50/lnyerlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane and right -turn lane, two (2) westbound left -turn lanes and 01 leg in northbound direction will be required. • Route 50Nicto1y 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) ➢ "Proposed Scenario - Scenario #1 (access via Coverstone Drive opposite Inverlee Way): o Route 50/Prince Frederick Drive/Custer Avenue: Northbound re -striping and one northbound lefl-tum lane will be required. o Prince Frederick Diive/Costello Drive: Signalization, one northbound left -turn lane and one southbound right -turn lane will be required. • Route 50/hrverlee Way/Coverstone Drive: Signalization, one eastbound lefl- turn lane and right -turn lane, two (2) westbound left -turn lanes, and 4rh leg in northbound direction will be required. • Route 50/Sulphur Springs Road: One southbound left -turn lane will be required. • Route 50Nictory Road: Signalization will be required. A 7)a�c linpacr Analysls afGov jest Number: 13 15-1-3 Project Number: 13415-I-3 T T August 14, 2008 JL yX Pagc 55 Exhibit B is provided in the Appendix section of this report to show the detailed diagram of the intersections with suggested improvements. ➢ "VD077Counop Requesters Scenario 92 (access via 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 -turn lane will be required. • Prince Frederick Drive/Costello Drive: Signalization, one northbound left -turn lane, one southbound through lane as well as one right -tram lane will be 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 4111 leg in northbound direction will be required. 9 Route 50Nictory Road: Signalization will be required. ➢ VDOT/Coanty Requester) Scenario #3 (access via Coverstoue Drive & Tazewell Drive): B 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/fnverlee 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/VictoKy 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 Tragic Inipacl Analvsis orGovernas Hill Development Project Number: t 1415-1-5 , 2008 j_4 August 14, a 56 Page 56 Tnble 10 Sumnlnry of Resaas 1025 n!al,l_naf Tr•nr6r rnnrlitinna _f!n roremenls rr alnd to Irwwwn.—I! LOS "D" er Inlar Dlrtcllon "I.M.ed Snn4rlo'•5<rnrrio ol "WOT/County Rr uukd"Scemrio 02 ITDOT/Counl Rr u I,d"S"nerlo0 Ne. [niturctlen erdlana -1,iSJr..t,mlule Ibv4 saydnu WaGmW - 1 h,d-d,k thirr/NrlaAwut Nonhbovod •1104-1.m,nwlyh2 -I lrNbmlur.r.bVy x 111A4rm e.n lo4vWq Rcdlcrf-0 D.1—d y'k" R ,r A XV.11-4 SiNdlniaa Silprtlralru 311ndlndat D,irn•Cau<II>PIIv, HbWL.Ie -1 hftUYlcr4 •16Adra lnt IMRLIn?mr Jbodbe d -I litA 1. -IduWylrtr A,iL4-rtnlvu l:n6ond 4.erIrre •IIeAArI{¢.Il r.r •Ilrnivm&dts+arnbnl Ao.feSG•larevlea IYadMb -21,M1+1n1Yx9 •Ik'(% lvnr SiyvllrYiea I Wq/Csrr-I NmFScwb LI,nillnu':a -No 4cpnet+.ral Di. s,rnra,•b •161" - efmrr.e -1I,n-Um AdLauun lvt Mru 3G'srlpnr H'abovnr. - -S l,hi+o tvxa -IIMam1Y�r 4 S,rint, Aor4 NAM—! .411,1 .44 U1 Snvttluna •I lvn lvmlrn, -11[A4^rttldyt4Lnlvs �II:n4v!nAdylNat l+n: P.ntberu'J S Rt JUVw!ay IVaA-4 biyulltYi:r S4 I.o1ix JIL,vlireix CsIL NenllK.n< . Saxblwed enA.nnf L Coon 33rAZflr1'r lYaWYbf -ib In prmma,v -No lv. yrcno<au -No lafvvyrm:ru Pmr Nonhl:u.f 6aUlevad PunnaK Cormta.e Wahrval ,Nev laas<rtiro Sly»tLadv •N!A •N,A Dtirr.N"..y/1 Ncnibo::+1 &roUtaxb Wflar: ! q nf4rr 1Yn1!<en3 , Nrvr lclnrnl10-r1UA -N/A Prlrrm!Irr..y r! tlm:0oad srmse�+d W.a—Z 9 Corcral.nr N>yLSoonfNe.l.!mrcGor -1UA -MA Drf+r.Nvi+mryf3 Sndho¢q WfbofnL lr^en!CIK 1YaM1oref -Nry lgr,rsllu JIy.Yinlioa -1UA •WA lklr Nlrrvrk [K'r, Nnnb-IJ u0b..d Although PHR-t-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 SO 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 improvement's have yet to be identified. P �7YaRlc Lnnact Analysis ofGoyernors t N IIIIIirrib De13415.1.3 Project Numbcr: 13415.1.3 7- T August 14, 2008 .r�.—J_ Pagc 57 APPENDIX Exhibit A I DETAIL NAME DWG, N0, p RA 1 H E�aMetr A of DESIGN: CSK I DRAWN: CSK I CHKD: RAM I H: 1'-200' 1 V. 1 *-200' J DATE; 7/11/08 xhibit B ZQ U.S. ROUTE 50 — CUSTER AVE — PRINCE FREDERICK DR. 0 COVERSTONE DR. — COSTELI 0 DR — PRINCE FREDERICK DR g U.S. ROUTE 50 — INVERLEE WAY — SITE DRIVEWAY/COVERSTONE DRIVE ® U.S. ROUTE 50 — SULPHUR SPRING ROAD �9 m m_ x w OFFSITE IMPROVEMENTS c�eaoscuE ® PHASE 1 H u ® u PHASE 2 ;s REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staf> • c� Fee Amount Paid $ Zoning Amendment Number Date Received // $ PC Hearing Date - BOS Hearuia Date 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. 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 Comments 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 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: 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. 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). 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• 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 Zonin g Re nested 39.7 RA 238.3 R4 ER4 �I 2 18.E 1 'Total acreage to be rezoned 11 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. Applicant(s) -�--� ��- Date /V X4//o� 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 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 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 #: 64-A-80Q Winchester, VA 22604 ffam Main of Winchester, LLC 1936 Millwood Pike #: 64-A-80K Winchester, VA 22602 Name: R & G Warehouse, LLC 119 Arbor Ct Property #: 64-A-80L I 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-123A 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-124A Hagerstown, MD 21740 Name: Trustees of the James Peyton Darlington Trust 1543 Millwood Pike Property#: 64-A-122 Winchester, VA 22602 Name: Lloyd Fisher c/o Mary E. Washington 813 N 18th St Property #: 64-A-116 Harrisburg, PA 17103 Name: Raven Wing Homeowners Association P.O. Box 888 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 Propert #: 64A-7-1-14 Winchester, VA 22602 Name: Robert A. Frazier 1427 Millwood Pike Property #: 64A-7-1-13 Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Prnnerty #- 64A-7-1-12A \A/inr-hacfnr \/A ),)An,) Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-11A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-10A Winchester, VA 22602 Name: Raven Wing Homeowners Association P.O. Box 888 Property #: 64G-2-1-63A Winchester, VA 22604 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property #: 64A-7-1-8 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property #: 64A-7-1-7 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-6 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property #: 64A-7-1-5 Clearbrook, VA 22624 Name: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-4 Winchester, VA 22602 Name: Douglas A. Hartley 100 Stanley Dr Property #: 64A-7-1-3 Winchester, VA 22602 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd -Property #: 64A-7-1-2 Winchester, VA 22603 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-1 Winchester, VA 22603 Name: Helen J. Sempeles Trustee 107 Roszel Rd Property #: 64A-A-12 Winchester, VA 22601 Name: Winchester Outdoor 355 S Potomac St -Property #: 64A-A-13 Hagerstown, MD 21740 A 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.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) Careers 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) 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 thereof, I (we) have hereto set my (our) hand and seal this day of�, Signahne(s):./ `� � � ICY it f7 t . i6/ G CS � YZGe 4 �✓ ( Stti'tG�� l'/ �l State of Virginia, City/Countyof 1�i Nc�ls� �-2 To -wit: c'�il &) 7—(r�A�2�q ! I,_ ck 66, 4 (;{-o M m 2 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument person appeared before me and ices acknowledged the same before me in the jurisdiction aforesaid this 9 day of �pfe�l , 200 L. ,. My Commission Expires: 1=e=6Ro1q21! QV, 'Otary ublic /263. g 1 s 7 91'7 "1 c o 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 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: 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 ' '\ddress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 i 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 3 day 4--j—, 20 Signature(sj� %'.y/G�t%t�� U �G� /'J/Cl��-'y�� - c/S/ 04 V7d1iZ11'-11'/I State of Virginia, CjVCounty of W i arch Nste-R_ To -wit: J D I, iM i c-k 14<< '0 • h4A r, M ,2,A ,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally before me and has acknowledged the same before me in the jurisdiction aforesaid this 3 — day ofp6- 200 8 . O�' -rrn ci My Commission Expires: �- � %/Lu 0 /2�l 29 O I 'eta Public (Zcfg . #-- 16'1 °/ 11 L4 Frederick County, Virginia Master Development Plan Application Packaee APPLICATION MASTER DEVELOPMENT PLAN LkIwtmcut of Planninu and Development Use Only i Umc application received Application* Complete - Date of acceptance lncoirokAc Date of Ret7.tm 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 Package APPLICATION cont'd MASTER DEWi LOPMENT PLAN ;5. Location of Property: South and adjacent to Route 50 ap rp oximately one i mile east of Interstate 81. I 6. 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 i 8. Is this an original or amended Master Development Plan? j 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 submissjta'n o y master development plan application. � Signature: Date: // 7 A T- 2 PROPOSED WAIVERS. 1. Waiver o! Section 144-24C: The Applicant requests a waiver o1 Section 144-24C of the Frederick County Subdivision Ordinance to allow commercial lob to be subdivided on private streets. 2. Waiver of Section 144-24C2(b): Proposed Pr'wate Street network shall locate lots a maximum of 800 feet from a state mointained road, as measured from the public street along the access route. ROAD NOTES 1. Location of private streets subject to modifications at the time of final engineering. 2. Coverstone Drive shalt be constructed in accordance with Section 15 entitled 'Transportation' of the approved proffer Statement on Sheet 4. 3. The following street names have been reserved by the Frederick County Deportment of GIS: - Pendleton, Swanson, Tazewell, Cobell, Darden, Pollard, Montague, McKnney COMMERCIAL AREA DIMENSIONAL STANDARDS. 1, Maximum Height - 60 feet 2. All other dimensional standards shall be in accordance with B2 (General Business) zoning district regulations. UTILITY NOBS: 1. NI Utility locations including storm water ponds are conceptual in nature and are subject to change upon final engineering. 2. Sanitary sewer and water available per FCSA. 3. All utilities rill be placed underground. ENVIRONMENTAL FEATURE NOTES: 1. Open Space Summary for Commercial Land Bay: 161.10 Acres - Open Space Required (15%): 24.17 Acres - Minimum Net Useable Open Space (50%): 12.09 Acres Open Space location to be finalized at time of Site Plan, 2. Open Space Summary for Residential Land Bay: 116.90 Acres Open Space Required for Residential Area (30%): 35.85 Acres Open Space shown on MOP: 35.85 Acres - Net Useable Open Space: 27.42 Acres � as acnvE auErn .ten Eam`a`dwm' eairr`"rwy,L w• .arc rvE a- GWry Pnperly LLw -el-way Una c: Evn,eg clrvwno mbar nunrel vcgml,oa ndprsm to Rnurc $a vny.1 regwrtmror of mod eeicimcY buRn wiNou adduioml Nadscapwg Mare along Rmre Ju wL,cL rey�ve a mod <eresocy buflcr atoll b< verd'wd wrd, Plwvwrg SnR a<ume of Subdivuroo Deafer Plm. TYPICAL (REDUCED DISTANCE) ROAD EFFICIENCY BUFFER wcr m seuaz CATEGORY "Crr ZONING DISTRICT BUFFER (FULL SCREEN) wm 10 - 11 b Governors Hill PRELIMINARY MASTER DEVELOPMENT PLAN COUNTY OF FREDERICK, VIRGINIA SHAWNEE MAGISTERIAL DISTRICT MARCH 2O08 REVISED DECEMBER 8, 2008 VICINI-Y M 1 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.I ) Year 1 - 140 building permits Year 2 - 140 building peeadts Year 3 - 14D building rm peits Year 4 - 130 building permits Note: Any permits not issued for a given year may be carried ove: to the following year, however the Applicant shop not Duke application for more than 200 building permits in any given year Project Summary Total Gross Commercial Area-. 161.1 Acres Total Raideatial Area: 116.90 Acres Existing Z rung: R-4 Proposed Use: Muted -Use Residential and Commercial No of Muln-Family Housing Units: 128 No of. Single Family Attached Housing Units (SFA). 422 General Notes 1, Contour Interval shown @ 5'. 2. All Public Roads to be built to VDOT 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 Umts Required (1/30): 18.33 Note Required recreation units shall be wnstructed or bonded in conjunction with residential development 3,000 square foot commuairy centcr, 3,500 square feet of octghborfiood swimating penis, and dog park shall be completed prior to the issuance cf the 281 st building pertztit (preffcr 43). LEGEND .1 rueuc vuarTzwa '� cucvt-.na+ �v nT..ir�ulal.wa rvruaE VEwcvLu cu�Marlow sow M LWUSAY tlIR.NWx 7 PR01F1SY "J� BaI,TDaRT MROX IOCA1- OHa Ta a ELE rTIs- EVSfWa SrREMe Its I EvsTwa sTnuw al- I UtarEv [--� 11E nk EOaREa.1P• [-laIWTUL ((�� oE`�orraxr uvx�+.1 rws PROrati Ds- �--+ sEsvra surus wns IDLE nnrrLSPnw.n. aLaP Cxratpa S.WrrMr FORCE M.rM ©, uxww.rrtx WLwAOENFMroVDS TawRK slax',LL w wsTE wA- nw STATION (PTf) Owner and Applicant Owner and Applicant Careers Valley Development, LLC Governors Hill, LLC 480 Jubal Early Drive, Suite 310 480 Jubal Early Drive, Swte 300 Winchester, Virginia 22601 Winchester, Vlrginia22601 (540(722-9566 (540( 722.9569 John T. Conrad Date John T. Conrad Dale APPROVAL BLOCK � bL1H OP o.rcarNvww4ywwr...swrw+ o"" > �' rAi � cwMr adn•+sem oa,e KM W. THONAS Cert- No. 918 Patton Harris Ru at & Assocla tes,pc �yeSC4 pe ARG Englneers. Surveyors, Planners. Landscape Architects, A 208 Church Street, SE. Leesburg. VA 20/75 T 703.777.3516 13415-1-0 F 703.777.3725 Sheet 1 of 4 1 \�� \Tj 1 �1 MILLVJOCD PIKE ROUTE 51J`, EXISTING SIG - - - APPROX.1 U1 i7 w 1: - Fh k�I �z � 1 I r /P POSED _ OL _ FF�21 5 I j 'FRCcOSED D / ENTRANCE 10, sltrp 1pleted;sc6on Of Cowslone Dr. I 1 PLIBLIC SAFETY CENTER 1 11 (Provided per Reming 11-05) 1 t 9N&E EF I/ 550 EAST SEWAGE � /�'Y / OPOS NAUZEv_ jERSEL'TION PER UAU LFFiCjFHC; uJFFER 52 ps sr sm ' "LLWOOD PIKE �l 1 (US ROUTE50) - / — POSSIBLE LOCATION - �',� • 1`� �� -—�^'�^'�"� LIFT STATION t- SPACE I I 1 SFA E 1 ` V ATEG9RY'CZUNING� 91STRICT BUFFER SFA SFA SI.A r;•t 1 ''FR rY `\'\ SF 1, 9� PROPOSED-� ENTRAN(Ehand Bqy _ ' \ �A+v 116�Ar/eSGoss \ kJ TF, &Y i and Bay 2 r' SFA i rV'1 PROPOSED toE� 61.1AcesGrzs ENTRANCE (Comnemal�w T \\ .= SFA :SFA► _� VJ 1T EXISTING `Fr ATE j'JJJr??? ` 'hrir L7 rr rpr� ¢3� §FA SFA ,\ ��;y,./... -SNMIP A i• _PROPOSED % • •, I ENTRANCE- 1 /� =PROPOSED TRAIL ENTRANCE \ 7 Propo;r^ Conr>ee- Ic i \ ►. i GOMMEt2C Al ( per Proffer /•.�•'I " . � COMMERCIAL ARMORY SITE J41 / � � \ 10' TRAM ' (provided per Reiarting 11-06) � / EX ROW .' COMMERCIAL / '� SWMP J uill��� II • ` ' �' DD• o14 � 12mil •ptllil 0-Tpw DIMmillill IIIII II I IIGOD' 11RPORT 1 0p, Patton Harris Rust & Associates Governors Hill CO roplM na na O� Engineers. Surveyors. Planners. Landscape Architects. MASTER PLAN MASTER DEVELOPMENT PLAN yA� W. Mpyyq ` 206 Church Street SE Cert. No. 916 Nl[� /`Leesburg, VA 20175 ``T 703.777.3616 FREDERICK COUNTY, VIRGINIA No. DESCRIPTION DATE REVS'D REVWD �PC� IF 703.777.3725 REVISION DESIGN SURVEY TEAM PHR+A DRAWN DATE TEAM MARCH 2O08 CHECKED SCALE PRS 1' = 200' SHEET FILE NO. 3 of 4 13415-1-0 LENGTHEN IX RTE 50 WB LENGTHEN E%. RTE 50 EB ��(� LEFT TURN LANE TO 250' LEFT TURN LANE TO 250'� �, — -- NTH 200 TAPER WITH 200' TAPER U.S. ROUTE SO - MILLWOOD PIKE - 55 MPH RE_ STRIPE PRINCE FREDERICK NB PVMT FOR 750' INSIDE LEFT TURN UNE. 550' OUTSIDE LEFT/7HRU LANE AND ADD 400' RIGHT TURN LANE EXISTING COMMERCIAL ENTRANCE SHALL BE RELOCATED AS DETERMINED NECESSARY DURING FINAL ENGINEERING ADD 100' PRINCE FREDERICK SS RIGHT TURN LANE AND 200' TAPER COS CERICK 0 .:/ J: S8 LANE TRANS400' PRINCE ITION J _ �Aq � RE_ STRIPE PAVEMENT I FOR 275' COSTaLO _/ L "T DRIVE EB LEFT AND / }.-NEED ADDITIONAL R/W ANU RIGHT TURN LANES ,Yf SLOPE AND DRAINAGE ESVT ADD 200' PRINCE FREDERICK NB LEFT TURN LANE W/2DO' TAPER (LANE ADDITION/WIDENING SHALL BE \ \ON USTSIDE OF EXISTING ROADWAY, C21P19C SCALE xv' IX o' 21' ten' I A%t1 - 200 It AOOZ ! AWI 70 R IgXr.. OFFSITE IMPROVEMENTS COVERSTONE DRIVE 0 PHASE A PHASE 1 i - O PHASE B PHASE 2 1 - C) PHASE C PHASE 3 E E."- PHASE 4 - RE -STRIPE INVERLEE WAT PMAT FOR 100' LEFT TURN LANE NTH 100' TAPER AND THRU/RIGHT TURN LANE 3 ADD 100' RTE 50 EB LENGTHEN EX RTE SO W9 LEFT TURN LANE IGHT TURN LANE TO 050' AND 200' TAPER IS' NTH 200' TAPER OD S50' k 750' RTE 50 WB -DUAL LEFT TURN LANES NTH TWO (2) 2DO' TAPERS ADD 250 RTE 50 RIGHT TURN UNE AND 200' TAPER OUTSIDE RICH LANE BECOMES ,\ 400' RIGHT TURN LANE 350' TURN LANE W/200' TAPER M510 TNRU LANE BECOMES 600' TURN/THRU LANE O,p SULPHUR SPRING SB THRU LA BECOMES RIGHT TURN LANE LENGTHEN EX, RTE 50 EB LEFT TURN LANE 10 550' NTH 200' TAPER ADD WIDENING TO ACCOMMODATE 0' LANE TRANSITI �ILG Rpp ADD 200' SULPHUR SPRING SB LEFT TURN LANE AND 200' TAPER \ t / i l� ORIAr PROFFERED CONSTRUCTION REQUIREMENT PRIOR TO FIRST COMMERCIAL OCCUPANCY PERMIT OR RESIDENTIAL BUILDING PERMIT PRIOR TO OCCUPANCY PERMIT TO ALLOW OVER 400,000 SF OF COMMERCIAL BUILDING FLOOR AREA12 PRIOR TO OCCUPANCY PERMIT TO ALLOW OVER 800,000 SF OF COMMERCIAL BUILDING FLOOR AREA (DESIGN ONLY) COVERSTONE DRIVE OFF -SITE TO FUTURE ROUTE 522, RESPONSIBILITY ENDS 30 JUNE 2018 U Q O 1 N U N N V v o O< Q 0 0 o 0 n C J ri ri c n c 0 0 7 0 N O h Ka puH- LL w ai P A c o c haw` J Z J W s m O z ate. R L.,> - tde IIE Q 0 6 H c' a 00 O W N N 0 Q N N ZS 0 ~ IN N � o cai V 13 8 010 0 Z Z Y 2 0 0 U 4 TE 50 - CUSTER AVE - PRINCE FREDERICK DR. COVERSTONE DR. - COSTELLO DR. - PRINCE FREDERICK DR. U.S. ROUTE 50 - INVERLEE WAY - SITE DRIVEWAY/COVERSTONE DRIVE pp0 ' SQL\NS E� U.S. ROUTE 50 - SULPHUR SPRING ROAD OFFSITE IMPROVEMENTS ® PHASE A R OG�9APH/CSCALE PHASE B � ,ro so o ioo 200 N r�) PHASE C 1 IYf IV R. VI Z _O U w Zn ir w z PROFFER bTA7ERIRM RPZOMM. RZ. /_ RI dM 6s RI PROPERTY: 278.0 Asa N-: To Mi! ftwk WA43, 6A. M, $S, 96. and IT (roe ?rvpmy) RECORD OWNER Cup- Vd* Derebpmm, LSC and GaO'aboa Hit uC APPLICANT: Cmpam Vdley DelabpmmL S2.0 ad DO— SEC I.P.0 MOIPCT NAME. fbvemaa 8311 ORIGINAL DATE OF PAOPPERS: 81vcb 21, 2001 REVISM DATE: SO,r— 2.2008. Ocmba 31. 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CONSTRUCT10NOFALWTtZDDEVEL0F1Mt 2 I Tb< Psepary mall m devOivpd a ovc mgl, and muhd dccbpmwr in vomdmu vim gpboDk a{,naam ad rcga:mem mr me M momg dldnet me MDP a apprnd by me Bout and mu Rolla S,daa,m 3. ACCESS TO AAMORYPARM 3.1 Tb, AM"I deity and mnmun • no Lou Psmbc mtl.ay, W—fitl on me MDP u Peadlmv dive ham Amoy Corot b Nc mtrvrce of me ArmaY Sik (IM 64A-S2) m mtmde vim me mmplmw o! Ibe A,mary At aunh elms per Tae,reC Read is mead tllewt m Podi,me div< u dyktd oe m< MOP, N, Appncml .bW almd Pmdlaov dire b c®m sip Tu,.W Read. 1 PHASINOOFRESIDENTIALDEVE MENT < 1 B—. Pm®v fro Land ILy 1 of Ib ?1WmOY rout W mad m IbO b➢Drmg Ph— vLamlk. Ycu l (M..p II) WbuiMmi pelmite Yw ] (Menma I3-241 Im bsliNm3 pamlu Y. 3(M.W 2536) Im Dal—,pmmW Y_ I (13-1) 130 b.W I,, pmm U TW more Idmb6dhaam Pt mhcmk Ir Wm fiem r)Y Dm of rmW 'I'_ (DER) Any bu3d- p®Iu va mud rim. mY V— yam umd ova b tlm beers II. Alp— b-- 4 2 COO mail and �IOYmmr m¢ vuy be momuee d a mY me cJ b,".—IOu ivcludinS • 1000 KI-O bur c 1mv 5W puss ha Of ricitbbOrhoad e"iw^m8 —I- ad . mg P=k shah M bmmt b toutumtiw riN IadmDal d—Ot,m mt b laud B,y 1 .d m< Ime mmfor Wvll be dtliumd upon —1... Or h uvpmv®am m II, bmmamm uloamw Tbc load— mnmf 4eB M d*_ w 6rv1 mbdivklaI plml rm inch emdcei.l dn.W` rbo. Tbmc ruse _I ursemnm .hut .roc m m<a Na segrdlem of I msl W 30 d.WLVF. Thee wpmrmmu 1hW M tm'Ytl pnm�to m, blvmcc of me 2Cl rmdmbt bddmg permit } ARC}ffTECTU1eF, SIUNAUE. A`m IA`IDSCAPNG 3, All balmvp oc w Pmpary rout be wuamW cm/ —Olk mOLmcmrW ArNirmmnl myta iM AppL,mr a•u whLm n mvrt Rmea Bomd1 Ilwugh me regnred Ho vinm.oa lid Pmpmy O.vm Au.muhon b be sad b mbrm avd admmdv . urufid d,velopmm pm m ,mat cwmwNry vim ma DmP d Dev,I-- Stmdmd. 52 All ng,uge w,m Nc Pnpary mall h<..ubamut c a.—Y w Ib . wmprthmaive up Plan root mau DIc regammmu of N< ZOdng Ordin.me for .snit ,rhiOb abW W aubmivcd in covjwcDan vim me fat fiml um a nbd mini Plm br me pmpeay. 6 PEDESfRLW TRAIL SYSTEM AND REC TION ARP 6.1 Tbc AMUMI shut deep and build , Public pOOI i -bicycle Iml cYera^ m Virginia Depubnmr or T,m O,o .mvdurb tbIz Uvka 'dmW1 and wmmmail .Ieu wimm pe derclopmmt. Sud trails shill be in me Imatiam my depiad et/ W MDP TO me mm1 Nat such ,raik uc m1 d,piad ov me MDP ct me Dmc of Final R,mdvg, nlri ,ruk shall b<rmm<aod r;m or U Oct ,O me immW eb,m lid idc eewoh. Simrvilks melt be ,Ww Froeet/ II mvDOT vmvdvds, and a rIxmO_ Or bur root dd— mvU be wntmcltl Ov pnvW m,6c. M cosvbind pduNmA, c tiOg hub d.11 be 10 fca aide, and ahaU Wrc m -Wl1 slvficc ]. F3RE&RESCUE- T.1 The Ap hU a b m the Boad Ne sum err PIZ pa dvWling ®, be fire and mme ymyvlo p.ymle vpw Ne mvmee of a buildmg pmndt 6v ourd .Iling Ilut Tx Folbring Fieal Rva m. Ne mum HOA m be need in cadence paemN ahaU rmbuk avauUY. w or bebrt IWY Ie d acb Peer, Ne wuv of 3100 pn comvuc W rcudmoal mil and 310a pa I000 p O Eel of _b,,I III1 1 I- incmdmg my boo iv pobbI ere), n ,be fin and mine —my M-Obg M rapoue semi,, m m1 R,. smD mvmbatim tun be momm,d and mroaed by tut rout¢ HOA am Ne Bova maY aquae m raumLvg .ravel P-)mmv u sour time ad upoO trot mtlinom u it may detaminc vecaary. Sud massy rmvibmw abut ease v rim Evm thv meO and suave wmpmY pm.Tor1 fim re y M,, a f xf env Ipl. mlmeea Oparion m mould me Cetm)• dopt • fa brl.caice plm b provide firt rod rheas smlcm I. scxwm 8.1 The AFpliOmt ahaC wvvibu m tb< BOmd Nc men of St 111 pn drWing ma for dwanvot puryoln y.,", w. me -•.,."w Of e baldivg paint br our drellme wi I. PAR](S E OPkT SPACE 91 Th AppD®t a c bmc tO Nc Bend Lc run of 531, pa -a.. melt Im mavoanW pmpoma paymle epee /v isrvme of • bmlding pmmt br...a dreUmg roc 10 I$RAAtES 10.1 The Ap➢bom maU or • p.,mmvmm 1W Bout Nc sum r. bddld dre➢ing rot br Lbrry pmpeua, p.Yk vpm roc- uiq Pamir b ocb dwcbmi mrt I I ADMAT.STRATION BUQDwO III ib, Appli®I shall e to g pe Banal m< sum of Sl9 dwelling wit tipm i.a.me orr..building prom, 1..m dwelling m1 b x Ind for wrimlmum vIa gaunr p.emrnmN tlm.nknauw blurting 12 IMATTON OF XOMEOWN'FRSAND PROPERTY OWNERS' ASSOCIATION. :2 1 The Dommwma.rom.buv m 1, awd m r,e,do:, bmaiN m.n h eased 151 1,1o,mmuly avid: td Wt 6ul vu er rubpwiw pkO mbmlvd fro me P:vpmy 121 Tbc App— stall —bur •Maur Prepmy O.mm' Aincs.dm (bv®W 'Marc PGA-) br Ovrumn ML m ry mnrtry, Ibu W4 anwg aura dvnp Dav, rtepmnbilary br .amdlt caemlieecc aim deep gudeLlm .vd rtmdm5s. Buse rquvmmm hmpeye •�• and .wits- wnm AVY bomev.nm' m papery vrevi am steed fro mmmv.... m rmdmnu uu md,nduiltY rout an u a mbla of me Mena POA 1" Ibc rtaidwbe: Pv Or II, dcrclnpmw, mW be made rob,- ro we or our hmmrea: rmmmoo(a) (bmmaRv "HOA') mat melt b< rupombk b Ne vamahip IIIalmmmce and rtpur of ttr O1— mty crnm waning tuts, ewmmmg pwl,. W common . acludivg my vos my may b< mLmWDd m u nbva ba,r,m vor dcdiwrd n IW CowD a omen. and avmwra mmeg®mt 6uJiou ens dtlkud n pubhc u,t br rash aura mbl¢r m row PVWictiom and shall W pm mum oN¢ m>ownbmdm, dupe. and powmm r me cisatonury fro wen rsoartom m u may be aqu ad fa sum HOA beein 12A In tlNvoc b uum otbm d�m1 and rrepovuDtlutla u may b< uuprd m H.OA sal:: have bdc m lid rtapewbihry fro C) W m®m open gam aPmisc ddcu,d m pubb, v.,, () mmniw haft roue Iwid aatMc o! �endmDi bus (Ie) pn.an men d .li-me Idwu wtO ve m,mbm v! umh n+aubon (Iv) mmmoc d ,rave dlgod and s¢Yai%pOBmc. Im:aduy alrbmd, pck-up err II by a pnru, Elms mC¢am cammy. and (v; aapv LOity f. tvr me DmDmal y mc4 pmhvna, m and bum von, W of Mich buffo uses dvvU h baW .nNm caa®mu n h grmW m the HOA tf puvd riNiv wdcvvt a orbs bv, a omwia tramd b me HOA by 9pIvP^ccc lbsvtmmt 123 TW EGA rout D<m ambt, b Nv n poasslsu all III—po.¢a m as and cerbe 6w W elm in wf6cimt auw m Dhowm be aaponliDDm rdptl m n D¢cmda vd rods p< DecluraDm b, ramdd uramg sum Anaimon in admvot vpov my mnrcyunc of . rtsidmvai art fim pe bards mermf m s home pumhua, rose rout W . Ice pud m me HOA in m mewl eq,W m mrte Love pe Nm amen mmtdy rb6,1 J dvm grpliobk b the volt m my eyd 126 Any mrm,mmt pmbm er dnelop ass Om: (rim me aapvon Of m) pmpary I a — by m< UW W Smm, w F.,dcI,A Gwty) abW be rout, mbl,a b snit/ p -P l ow wocuLoo(s) (Len TOA-) Sum FOA(1) ah.➢ be —Po k 6n me a mmmip. tesl.me od -I of WI mmmo roam. iect l I9 my m,uaratiev urn mat may b, mrmllmd m memdalce heay.t5 rot ddu,ed b fir y a ader5 and nvemrda eeegmvrl 6,rLum Iuda cam (vpm gate) o.naemp) Ira ddl,aW m p-1 m, fa It veer wb),ct b men ]urupcvan and maC b, P Iv rot .uch otlw meyve.ibrbum, men, d perm u me whammy fro men uwcimw. or u may b, rtauimd for ouch POA bvein 127 b addinw b sorb Odle. roam vId aryonnblLom u may be uvpd. 1 POA rout Wrc I0- m W mpawblLry fa (i) W common open Nv< t 0m 1— m pmb, roc. (uj carom- — v,u bend roue, or wen _1 bv; fD) ayvnmi:iry II, Ise Dapaaal O ast Of my vpI—mI. a nod bafm mot. W Of -,I'h bOfma uu.aLaU b, II=M mNin axmmu m be grmW b me POA t p1a1W rehin cvmm o, mha bus o, pace., w vmvru, Ipmld m m, Pon by appaprwc rnln,msm IJ WATERE SEWPJI. 1 J.1 tD, App4••- sWU h rapomble ens ®am,g N< P,opmy m public m and scat/ h aD.n Mth¢ be a . N-" t A➢ fw maRu WI fiellinm mquu•d mr mcb mvrrm<ian .s m< perty bomdvy. rue ad .cave jnfialtructule FMmck --- s 1 c o< b .clads¢, rIm m, rgwrmmu of me ouny em,mon AmDomy 11 PNVHtOM.9r1rT. 11.1 bO,— mm.tmrmt ma BOn Mm.t®rot PncOw. (BHP) m Ne ?_p dull be p I—i in --I with me vIon'. smmwty Mwgmlmt Replmou, Rm Ed 1190, ChWO, 2. Turk 2.3 I42 TTO Appliant .but Pm snit I.11 — bmauoe, in ObOa— ad roWtuma br mY bOmm,wom' a propary lowers usocidims, o(Ne tlW.OydmO Wuscbmmk.vo ALpmL 1' ypLun, rout cmmU aim Nc WcmOrc Dm—, of me A'. w OOt n pc Vows of. rtwvmk aviplim uumm 1v pbOndO a Mlabw fa Aupmt W.--. d .but ddica amh AppLrmmt u me Ai,pvrt and de AFF-11bd1 mutually W,. Tbc mt shall Pm.ide vvis, anmumm beahnm3 for W reidmWl tmu. TRANSPORTATION. 15.3 The osyor rod - m be mnmlmN m elm PropertY rout b< mmDamd in me b,mbm, dryiad m pc bIDP, mm rtuoomk tljtummu p®hmd M final mgincawg 152 Exd dmt 2WI)(X W u.rc b of IMOI Im rhicb mY W mrelepd o, my Dma ubl-, vcw Io me oiaog anmplemd pomoo of COvacbnc Dnvc, me Appbcua rout chip m,I wamwt Cormamc Dnra u a fW 'm aiN d mdian - um 90' ngh ( way, vbhnng me rollovusg pbamg mdWO PHASE 1 pWO I chap oom f m, bll !ou W sccDw including e ,m foot nil fivm Millwmd Pike m m EW ma.¢Dw w Cavmmo, Dnv, u dryic vv pc MDP fivm Foia A to POm B. Sud mtiv.y shut be m0. 0v 1 m but upw, pna mouvamce of . <vdfium Of mwpmy for my cO®mcW baiMing for me RopIM mNw Pnoc b, irwnu of a building I,— fro mY rodmDil wiu, mdumnl modal homm, bout in Wvd BaY 1. Phut 1 mprer®ml1 ma➢ u Of W v¢,uay mpv. _hm,,g aigvaLaDon rovmm wta vammd by VDOT, m . (Om r.r mlaa¢tim al me aimng unnssmw ofI.—Way andM I.—Pikeu maw.. —MOP PHASE 2. Pbuc 2 rout cvmiv of mubuety. or a ,ro hme m tiro of MOO_ m dire &. Poo B b Point C n dOpicud w et/ bIDP Sud mtln'ay improvmmv a be Oumpkmd pOw tv c If. OeOfi,.m of cupmry fa my we urn ".W mac cN, Pmpmy m used ID0,000 Numc fro or wmmmW baldNgua PHASE 3. Phut 3 rout coayst of mubu5ivv of mO _mOI , no lmc of Cay. Dnvc from Poiu H m Pmt C u dcpiad m NO MOP. Sud Iv m y bnprwmmm "I' be wmpkW'0' m i.......0 or. cmb6cdc or omupmcy for mY uc Nu weld 0-0 m P PO ty m —0,! 5W.0D0 c9umc Est of®wt bidding mo PHASE 1. Tb, Appt,M' eW' duip Coreraavc Dr.•c Ps 14 r . bur-Ime ssrnav bon Rm1e Fsedod k Rrbc.W Rwm 53] u d¢,ad km Pow1 D m P®r E err b, a vs.ammn, diem¢ of'W (ea Mm m, .Dgnmmt of R<IOcabd 522 bur b,m Iku,IIb d by VD(r..d Im aW of alY bu -.epam or Coravw, Dnrc W — eq— by W ¢ F—d COwry. In m< evm, me the rig®m for Nocad Rmt< S]] bu rot bmi damnind a OF ro, 691, Or —Y II, CO.— Dnr, Enmrdd k rot 1 by I. 30, I 8 Nm Ne DmOp rout m W mpmublc ba p<dmp of Coraaonc P.,mdcd TO mOOI l shut b,tbcr par m m< Cewry S I.1100 mr ach Pmmrtd¢admDil mil u . roebibuum mavda me furore maDunim o! CovaamOe dire ove e1mdA OLI JIedibme .bore Wrcmhero Im by l30,x011 tbW w men tame 61nda muY be.lad fro ¢Der mvl¢u m ofmm•m,DeRo.,y S- Av—1. ud .6-1OrDmm.ml m10, .m of fir, pmovd ImambW sari. 15, Naraimaardtng my Mta➢mvlawe vn), eprof.,t AMbcaot lbW mtlrl Coraabv, Dnrc a • fv0 men-Ime aeLm from Md.vod PJte b Psime Fstlmct pnc pna b VmmDc 1. 2015 154 7M Appbrm mall Ge'p lid crosav„ TuerW ROtl u mown w me MDP u c m� Iw by mtl•aY ",^ • rm.bk mdm 14h` of wy rim • m.limam nttl Of say mddi of 6C' m pmnh — m rmdvuv: rmes .iNm Lmd Bay 1 u,I Oma ro®ac.+l uses .r land Bus 3 Sud EO' nth, of ray helm ebaC be rrqued W Tn,.rll Mtl baaecn Ceem,om prtr< and IW AO- meam< Tb, ash, of r.y out mtl vdm marl dmasc fa, me amilou/ p.meu or Tn ,bU Road s.id re:Wwr dill M mocen-Yd m phun u eedtl br fimve .ubmruiov pka Fmmamare, m mnfiae of mcepmcY br mY ,uMmD.l d.ellmg ma• u amd by Tmrell Pond. ncWbIll model Damn. abaC De knmd rod. mcb ®< tWt .1mu m tars B.Y 1 fiam MIU.ed Pike u pmrldd w Covmnee Dnr< and TmewNl Rntl. 15 5 TW Apph,mu mW Yy m the Cowry ,W mnuvt of g75.000 br ng,Wuadan Of me ietms¢dm of MiK.md M. (US Rene, RI) and mD Road (Rent. Rd) S- fend. ubaC b, pud aim. wb I60) elan of m< Imu.me of me ma, Iwd 1'1u _ Damn m Lod B" 1 b tut cunt Wt Wa bSvat bu rot be¢ rmmte1 by VDOI by Ime I., aid marcmy bmov vuy Wm b, u.d for omn poj¢u riUm me r,miry of m, Propmry thv Dare a ,moon .uu 00 On Fmpary. 15 6 Tb, Aj,,, m shut pry m me CmmY m< ammmr of SIM-- 6r upWumw of me mto¢tim of COabBo Den, m P FmdmvY Dnrc Smbfilch,WC be Pud rimin a myI.)d-Of,maving imam ,squat fiw m< CIII., eel VDOT altm rwpam, of Pbve 2 Cmmaaa Dare Impmvmab pa Rolla 152 0o t1, bde high— aylteal In me rim ma " utv.l W rot been rmwed by VDOT by Ime RI, 21111. aid mooemJ' helm rosy .1n be lid fro ohm pml¢a ailhm ,he vminry Or" Pmpaty p.t W n s rmonW oun b the Pmpmry 15 ] Acura m Millwod PIk< mall bO hmind m Cwame Dnre u more vo ds MUP vim me ac,pbm Of. pmue drossy mmmly ea•m1 TM-A-I3B. Tb, Anhrmt "I Ok. e.id dnra•eY mm< aces b p -I,I m 3T.1 -A-E •u fir hr 1 anid —1 mdweh r I,— w dv MOP AdImIe 11Y, me ApPbcmt "I cbss me a+ahnt a prevmmly net (a mew b me gee emme __ vim Pale I uvpmremevu u pmadd b, Rolla 151 I s 1 AL publc ngmof..an shah D< damumd m FMakl C—.y u pm of m< mbmvalm gpmvil pmcw, cam.inmtY ritb _book Vrpne Ira 15 9 V I prmhc wem I1 m.b rout be drn 111 Jd rim me ,ml wp I by F t of Ttwpmmm I)OT au. aml¢t n rt•Iv. ma pprwW by Frdew Cwmry and V W'I 15.10 AU Porn, menu and . 1h.0 be wmbaetd m readmca elm me t V byvi. Dap— of Trmupmadoo .wean, am.aerm, and n m.Y be modifid by tut COuON, IW mW be orvd and m.intvnd by IW bomw m 0, D,-y own. rvolunon end by ewb m¢u er Iada .m 15.I t The doip of ofcu mtl vapmvmmu.hW be in grotty Omfmm.occ vim N,"msUd •OOremms Hill Rod I---" Sbea1 I-z u prepued by pmov Hm,u Run m Aamrdua. find Mobs M, 2001 U_bIg 200,000 puns G of v3Em aura abkb m be dcvd,gd v mY Dw Ot g .caw ,o die nsmog mmPleaad Pmdao or Dr,CLvmabm n, off-un wrpvr,mOou rout De OOO ObOIm m mrt, Pbauu u depemd m me afve®abmd Dkm u klbra Phu, A Phac A uvpmrmmu mJl <mt.t e( mpra•mmu a m< ,eramOaa yr bhDrvvd PNdinvd¢ WaylCarvmc dire and eWC be mmDleW minndmt rim Pbuc Carrvow p,ve muwmw pv RvHa 152 Phu, H' Phme B imp -1— "I comic, Of impmvammu v N< Ivmm I_ e( MiUwmd PU,hrivm F,d,nck Dm, and Rmc<fsehsiek D.-C,a<BI Rive. Phu, B mprovmmu mW be —III. mincidml _Ih Pbuc 2 Covmmv, Dnvc wnm¢Doo Pa PmHm 15.2. Pbuc C. PWv C WiPm mmb . I count/ of impmvemmu u the iomsabm of MM—d PdtrYSWpba Sm -9 „� pb�m5 v mW be mmpk,d m nip Oaww Cevalmdc Dnrc womucum pa Rolla I5.2 15. 11 The Alb— ab.➢ make Nod fum efons n Obmiv my IHam right of ndcd m mmplac my pmftmd OHdlc ba,eparWan impe mvemmv. In Ne evml Nu me A,— is rot able m abmp Nc fight of waY.v4 Carta, Nc CawtY md/ar Sale of Vbiiva m v« ONm roc v1c ry -� f red Ike yr mmw 8 m mtl omov,mmt me AppU but ro vid curt mob Frdaick Comry mu egviW Nc amd meld ut n1 bW w f mwc and prvv Nu rolb plememed Tnluy mo,nbuJm rocarotid, . th Ib, co®_ sea mesbvld Nu Nggm Ne oQsitc mad opmrmm utl 15. inRolla IIA I. Is 13 Aar Cows bavpoNnvv milyaa ,rmm awY De equLed 6x roue Ropary, sb.0 uvlvc COdc 120 'Eaail" pa m< T �= M 1]°EdDwkrmYwmmacielumI_bmOffice- 16 C1LTIRALRESOU (+t VFST3GATICNI NDPRESERVATIDN 16.1 Tbc AMLcm mtl wdwt a tout m bO OOOducW • Phut 1 ACWmbgi W mvmnpDm or me Pmyvty, p^m m m, .hof m< fire fi il rime of mbNrWm plm Itme P,vpatY. cod ena s➢ ranplcic 1-1 Q and E arm 10— ,bumf u may b< demonay.W m De v¢,uary b, m<Phua I.Wy. 11. ESCALATOR CLAUSE I7.1 b 1110r my mov,kry cmmbutime act font m Ne Pm Her Dummcv( uc pud b Nc Fl d k COT Bemd Cowtytl f fS�i vit6iv 3D m Of Omobm 12, 2M. u qp mid cmrmlunon dun be iv N. amamv u valid bmm. AOY rrlm mnbibmou as fort b thO RvRer Smtemml which v<pud,o the Bond cM 30 mI— &U— 0c . 12. 2.1 11111 b< AOmOI` - amodmcc rim tut UNm Cmumm Rice Ivma 1"CPI_U ) pvblisbd by me llvild Sv Dmunvmt of Labor, mum ma v ,W tlmc mnvibows me pud, mry me W 41-1 by Ne pacwmF ebmF m Jrc CPLU Lvm Nu dv. 30 mOOW a➢er Ocmba 12, 2M, m m, most smmJy rv.ilmlc CPI-U n me dtl, m, my beams m pd. mbj¢, m • ccP of 5%pa yet/, mo-rampoudd SIGNATTIRE.S APPEAR ON THE FOLLOWMO PAGES S 63) lTR Y� �— i N261 �1 1 'R61 =1 I SS6TO tME R.bt I I al err �I I t I Note: The Boundary Information shown on this page is for informational purposes only. HOFp� Governors Hill Patton Harris Rust & Associates Engineers. Surveyors Planners. Landscape Architects. BOUNDARY SURVEY & APPROVED U MASTER DEVELOPMENT PLAN NARK W. 'rHm,As' Carl. ND. S116 7 + yOSCApg i 208 Church Street SE Leesburg, VA 20175 T 11 Church Sl, 16 PROFFER STATEMENT FREDERICK COUNTY, VIRGINIA NO. DESCRIPTION DATE REVS'D REVW'D A CQt� F 703.777.3725 REVISION DESIGN SURVEY TEAM PHR+A DRAWN DATE TEAM MARCH 2O08 CHECKED SCALE PRS 1' = 400' SHEET FILE NO. 4 OF 4 13415-1-0 Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REVIEW AND APPROVAL OF GOVERNORS HILL Shawnee Magisterial District March 2008 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 TABLE OF CONTENTS I. Application II. Impact Analysis Statement III. Proposed Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket • I . APPLICATION • 0 • AMENDMENT Action: PLANNING COMMISSION: January 17, 2009 - Recommended Approval BOARD OF SUPERVISORS: January 28, 2009 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #10-08 OF GOVERNORS HILL WHEREAS, Rezoning #10-08 of 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 to revise proffers, dated March 24, 2008 with final revision date of January 9, 2009, associated with Rezoning #11-05 for 238.3 acres of land zoned R4, was considered. The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Spring Road (Route 655) and The Ravens Subdivision, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-83, 64-A-83A, 64-A-84, 64-A-85, 64- A-86 and 64-A-87. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 28, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 39.7 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District and to revise proffers associated with Rezoning #11-05 subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #02-09 • 11 This ordinance shall be in effect on the date of adoption. Passed this 28th day of January, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Ave A COPY ATTEST John R. M ey. Jr. Frederic County Administrator PDRes #02-09 i i REZONING: PROPERTY: wde��7 APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE PROFFER STATEMENT RZ. #A'..p�/ 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; January 9, 2009 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in confonnance 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 teen "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 January 9, 2009. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays 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 0 0 1.2 All development, including street landscaping, shall be accomplished in general conformance with the "Governors Hill, Design and Development Standards", 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 conformmance 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 time 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 Prior to the Property exceeding 1,285,000 square feet of commnmercial building floor area, the Applicant shall submit to the County a revised Traffic Impact Analysis (TIA) for the Property. The total penmitted 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, if necessary for said impacts is provided by the Applicant in a fornn 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 constrict 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 pennits Year 2 (Months 13-24): 140 building pen -nits Year 3 (Months 25-36): 140 building permits Year 4 (Months 37-48): 130 building pen -nits The above identified phasing schedule is taken from the Date of Final Rezoning (DFR). Any building pern-nits 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 pernlits 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 Property Owners 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 pen -nit. 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 Property Owner Association 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 conforinity 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 commmercial 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 comiected 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 POA 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 response service to the Property. Such contribution shall be monitored and enforced by the master POA, 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. Page 4 of 13 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. 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 pen -nit for each dwelling unit to be used for construction of a general goverunental administration building. 12. CREATION OF PROPERTY OWNERS' ASSOCIATION: 12.1 The Master Property Owners' 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 Property Owners' Association(s) (hereinafter "Residential POA") that shall be responsible for the ownership, maintenance and repair of the community center, walking trails in Land Bay 1, 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 in Land Bay 1, 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 Residential POA herein. 12.4 In addition to such other duties and responsibilities as may be assigned, a Residential POA shall have title to and responsibility for the following in Land Bay 1: (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 Page 5 of 13 association; (iv) commmon 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 Residential POA if platted within residential or other lots, or otherwise granted to the Residential POA by appropriate instrument. 12.5 The Residential POA 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 by the home purchaser to the Residential POA 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 "Commmercial POA"). Such Commercial POA(s) shall be responsible for the ownership, maintenance and repair of all common areas in Land Bay 2, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and storrrrwater 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 Commercial POA herein. 12.7 In addition to such other duties and responsibilities as may be assigned, a Commercial POA, in Land Bay 2, 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; (Ili) 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 Commercial POA if platted within commercial or other lots, or parcels, or otherwise granted to the Commercial POA by appropriate instrument. 13. WATER & SEWER: 13.1 The Applicant shall be responsible for cormecting 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. Page 6 of 13 0 i 14. ENVIRONMENT: 14.1 Stornwater 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 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. Said avigation easement shall be dedicated prior to issuance of the lst building pen -nit for the Property. The Applicant shall provide noise attenuation treatment for all residential units. 15. TRANSPORTATION: 15.1 The major roadways to be constricted on the Property shall be constricted 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 constrict Coverstone Drive as a full section with raised medians on a minimum 90' right-of-way, utilizing the following phasing schedule: PHASE 1: 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 constricted 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. Page 7 of 13 • PHASE 2: Phase 2 shall consist of construction of a two lane section of Coverstone Drive _Lrom 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. PHASE 4: The Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Fredericks to Relocated Route 522 as depicted fi-om Point D to Point E or for a maximum distance of 800 feet when the aligrnnent 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 aligrnnent 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 pay to the County $20,000 for transportation improvements within the vicinity of the Property in lieu of designing said portion of Coverstone Drive. 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 frill four -lane section from Millwood Pike to Prince Frederick Drive prior to November 1, 2015. Page 8 of 13 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 pature 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 or other road improvements at 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. 15.6 The Applicants shall pay to the County the amount of $175,000 for signalization or other road improvements at the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be paid within sixty (60) days of receiving written request from the County and VDOT after acceptance of Phase 2 Coverstone Drive Improvements per Proffer 15.2 into the State highway system. 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. 15.8 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistent 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 Property Owners Association served by such streets or roads. Page 9 of 13 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. 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 construction cost estimate shall be subject to review and approval by VDOT. 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 71" Edition for any commercial use other than office use. Page 10 of 13 0 0 15.14 In the event any proffered off -site road improvements are constructed by others, the Applicant shall provide a monetary contribution to Frederick County that is equivalent to the estimated construction costs of those proffered road improvements not installed by the Applicant. The construction cost estimate shall be subject to review and approval by VDOT. The monetary contribution shall coincide with the commercial area threshold that triggers the off -site road improvements as identified in Proffer 15.11. 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 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 12, 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 1 I or 13 0 0 Governors Hill, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager -Senira+ Vice President STATE OF VIRGINIA, AT LARGE FI,Q4-E COUNTY, To -wit: FA IO? nx The foregoing instrument was acknowledged before me this l 3 "" day of jct'-� a,� , 2009, by Ki' GhGi rot (T, IJ64 " My commission expires crS��1�20 / b NotatyPubliC6, } Page 12 of 13 1J Carpers Valley Development, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager • , . esaier Vice President 0ch6Vd J , tiny, STATE OF VIRGINIA, AT LARGE I ,'u_ E 4QK COUNTY, To -wit: FPrl e-r—fW The foregoing instrument was acknowledged before me this 14-12 day of Oak-) vr-' , 2009) by G1'&k SSA G Wd� My commission expires Mall roi0 Notary Public C�O/L4,, Page 13 of 13 Governors Hill - Existing and Proposed Proffer Comparison/Justification (Prepared 11 /07/08 This document was prepared to compare the existing, approved proffer statement for Governors Hill (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 October 31, 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 10/31/08 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 tiIDP, 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 type issues. 1.2 All development, 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 Hill," 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 as "Condominiums" on the GDP may contain the housing type identified in the "Design and 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 already provide limitations on uses. 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, 5165-67 through 5165-72, 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 3vIDP instead of GDP. identified as Land Bay 2 on the GDP. identified as Land Bay 2 on the MDR 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 2 shall be restricted to those uses permitted in Bay 2 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, §165-82B(1). §165-82B(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 rile 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 forth in flee Frederick County Code Article VII, district, including permissible housing types set §165-67 through §165-72, 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, 5165-58, through §165-66. Unit types comprise 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. • E 1.6.1 Residential development on the Property shall not 1.5 Residential development on the Property shall not Proffer revised to clarify that 2000 foot setback 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 from the types permitted in the R4 district. ldulti-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 disport 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 49,351 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 hvIDP 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 lVIDP 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 2 lane public roadway, identifed on the hvIDP as have been dedicated, these proffers have been for potential acquisition, lease, or use by the Pendleton Road, from Arbor Court to the removed. Revised proffer 3.1 ensures access to United States General Services Administration, for entrance of the Armory Site (TM 64-A-82) to the Armory site via connection with Arbor Court. 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 Road as depicted on the VIDP, the Applicant shall extend Pendleton Road 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 is no longer therefor the Applicant shall dedicate subject to the rezoning. Access provided by new appro%imately 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 1\/EHwood 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, 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 any time 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. 0 P , 4.1 The residential portions of flee Property shall be 4.1 Building permits for Land Bay 1 of the Property The original proffer would allow for full buildout developed as follows: shall be issued on the following phasing schedule: by 2011. The revised proffer would allow for full buildout by 2012 assuming a 2008 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 (DFR). 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 Land 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 any time. develop at anytime during phasing of the project the United States, commercial and employment remains the same. uses may be constructed at any time. 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 - Parks and Recreation standards that links Department of Transportation standards that links bicylle trail will be built to VDOT standards residential and commercial areas -�vitivn 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 tiIDP. To the extent that such trails are not depicted on the GDP at the that such trails are not depicted on the 1NIDP 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 minimum 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. 11 7.2 Following Final Rezoning, the master HOA to be 7.2 Following Final Rezoning, the master HOA to be The revised proffer maintains the intent to created in accordance herewith shall contribute created in accordance herewith shall contribute provide a funding mechanism for the fire and annually, on or before July 1" of each year, the annually, on or before July 1" of each year, the rescue company providing first response service sum of 5100 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 1,000,000 square feet of commercial (not including any land in public use), commercial (not including any land in public use), commercial area, Governors Hill will be to the fire and rescue company providing first due to the fire and rescue company providing first providing $155,000 per year to the first response service to the Property. Commencing January 1, response service to the Property. Such fire and rescue company. The proffer has been 2010, the contribution provided for herein shall contribution shall be monitored and enforced by revised to remove this funding mechanism if the increase at the rate of five dollars per residential the master HOA, and the Board may require an first response service is no longer a volunteer unit or per 1,000 square feet of commercial accounting of such payments at such times and service or the County adopts a fee for service development each calendar year. Such upon such conditions as it may determine plan. Additionally, the five dollar/year increase contribution shall be monitored and enforced by necessary. Said monetary contribution shall cease has been removed to prevent the yearly raise in the master HOA, and the Board may require an at such time that the fire and rescue company fire and rescue contribution from placing an accounting of such payments at such times and providing first response service is no longer a unfair 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 remaans 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 S79 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. 0 • 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. 12.2 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. Proffer added to clarify that the entire Governors Hill developed will be governed by a single Master Property Owners' Association. Last section of proffer establishing a Master HOA has been removed. Any HOA established for the Property shall be a subset of the Master POA per Proffer 12.2. 0 1] 12.3 In addition to such other duties and 12.4 In addition to such other duties and Proffer remains unchanged. 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. 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. responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to publi, 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. 12.5 The HOA shall be so established that it possesses Proffer revised to clarify that seed money for all necessary powers to set and revise fees and HOA is provided by a one time fee equivalent to dues in sufficient sums to perform the 3 times the monthly dues paid at the time of the responsibilities assigned to it hereunder and under I initial home sale. 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. 0 • 12.5 Any commercial elements of the development 12.6 Any commercial portion of the development (with Last section of proffer establishing a Master POA (with the exception of any property owned or the exception of any property owned or leased by for the commercial area alone has been removed. leased by the United States, the Board of the United States, or Frederick County) shall be Any POA established for the commercial area of Supervisors, or the NVinchester Regional Airport) made subject to one or more property owners' the Property shall be a subset of the Master POA shall be made subject to one or more property association(s) (hereinafter "POA"). Such POA(s) per Proffer 12.2. owners' association(s) (hereinafter "POA"). Such shall be responsible for the ownership, POA(s) shall be responsible for the ownership, maintenance and repair of all common areas, maintenance and repair of all common areas, including any conservation areas that may be including any conservation areas that may be established in accordance herewith not dedicated established in accordance herewith not dedicated to the County or others, and stormwater to the County or others, and stormwater management facilities (under common (open management facilities not dedicated to public use space) ownership) not dedicated to public use for for each area subject to their jurisdiction, and shall each area subject to their jurisdiction, and shall be be provided such other responsibilities, duties, and provided such other responsibilities, duties, and powers as are customary for such associations or powers as are customary for such associations or as may be required for such POA herein. If there as may be required for such POA herein. 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 12.7 In addition to such other duties and Proffer remains unchanged. responsibilities as may be assigned, a POA shall responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common have title to and responsibility for (i) all common open space areas not otherwise dedicated to public open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of use, (ii) common buffer areas located outside of commercial lots; (iii) private streets serving the commercial lots; (iii) responsibility for the • businesses and/or residents who are members of perpetual maintenance of any street, perimeter, or such association; (iv) common solid waste disposal road buffer areas, all of which buffer areas shall be and recycling programs to include dumpster and located within easements to be granted to the contract carrier services provided by a private POA if platted within commercial or other lots, or refuse collection company, and (v) responsibility parcels, or otherwise granted to the POA by for the perpetual maintenance of any street, appropriate instrument. 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. 13.1 The Applicant shall be responsible for connecting 13.1 The Applicant shall 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 commitment 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. 0 14.3 The Applicant shall consult with the Executive 14.3 The Applicant shall consult with the Executive Proffer remains unchanged. Director of the Airport with respect to the Director of the Airport with respect to the granting of a reasonable avigation easement to granting of a reasonable avigation easement to provide further protection for Airport operations, provide further protection for Airport operations, and shall dedicate such easement, as the Airport and shall dedicate such easement, as the Airport and the Applicant shall mutually agree. The and the Applicant shall mutually agree. The Applicant shall provide noise attenuation Applicant shall provide noise attenuation treatment for all residential units. treatment for all residential units. 15.1 The major roadways to be constructed on the 15.1 The major roadways to be constructed on the Proffer references NMP instead of GDP. Property shall be constructed in the locations Property shall be constructed in the locations depicted on the GDP, with reasonable depicted on the NIDP, with reasonable adjustments permitted for final engineering. adjustments permitted for final engineering. 15.1.1 The Applicant shall design and construct Proffer removed. Street plan has been removed since a major Coverstone Drive as a full section with raised collector roadway will no longer be crossing the medians on an 80' right-of-way, consistently with residential land bay thus no road efficiency buffer d-ie TLA provided for hereinbelow. The Applicant would be required. 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 15.2 Excluding 200,000 square feet of office uses Revised proffer specifies right of way minimum Applicant in phases as set forth herein: which may be developed at any time utilizing and design in accordance with approved proffer access to the existing completed portion of 15.1.1. Revised proffer also would permit up to Coverstone Drive, the Applicant shall design and 200,000 square feet of office uses to be construct Coverstone Drive as a full section with constructed using the existing completed section raised medians on a minimum 90' right-of-way, of Coverstone Drive. utilizing the following phasing schedule: 15.1.1.1.1 Phase 1 shall consist of a four -lane section PHASE 1 Phase 1 shall consist of the full four lane section The revised proffers reflect the move of including a ten -foot trail from Millwood Pike to including a ten -foot trail from Millwood Pike to Coverstone from the Sulphur Springs Rd to the the Phase 1 line in Land Bay 1 as depicted on the the first intersection on Coverstone Drive as Inverlee Way intersection to provide commercial GDP. Such road shall be constructed in sub- depicted on the MDP from Point A to Point B. (and ultimately residential) access. phases as delineated on the final master Said roadway shall be constructed to base asphalt development plan and/or subdivision plan, to prior to issuance of a certificate of occupant' for provide access to development within the Land any commercial building for the Property and/or Bay, and in any event shall be completed or prior to issuance of a building permit for any bonded for completion prior to the issuance of residential units, excluding model homes, located the first building permit for each sub -phase. The in Land Bay 1. Phase 1 improvements shall Applicant shall not petition for inclusion of this consist of all necessary improvements, including Phase of Coverstone into the State System of signalization when warranted by VDOT, to create Secondary Roads until it is completed to required a four way intersection at the existing intersection asphalt and open to the public as a full four -lane of Inverlee Way and Millwood Pike as shown on section to the Phase 1 line. Notwithstanding the the MDP. foregoing, building permits may be issued for model homes and the community center prior to base paving. s E 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. 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. The revised proffer ensures that Coverstone Drive is connected from Route 50 to Prince Frederick Drive prior to development of more than 400,000 square feet of commercial building area. PHASE 3 Phase 3 shall consist of construction of the Phase 3 ensures construction of the complete remaining two lane section of Coverstone Drive four lane section of Coverstone between Route from Point B to Point C as depicted on the MDP. 50 and Prince Frederick Drive. 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. 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 when the alignment of the alignment of future Route 522 is determined. when the alignment of Relocated 522 has been Relocated 522 has been determined by VDOT, Under the new proposed proffer, if this alignment determined by VDOT. In the event that the and the right of way for this segment of has not been determined by 2018, then the Applicant obtains right-of-way therefor from the Coverstone Drive has been acquired by VDOT or applicant would no longer be responsible for the Winchester Regional Airport prior to the initiation Frederick County. In the event that the alignment design of the roadway. The commitment to of design of such extension, then it shall realign' for relocated Route 522 has not been determined provide $1,000 per dwelling unit for the Coverstone Drive Extended as may be approved or if the right of way for Coverstone Drive construction of Coverstone Drive Extended or by the County and VDOT. The Applicants shall Extended is not secured by June 30, 2018 then the other transportation improvements remains further pay to the County $1,000 per dwelling unit Applicant shall not be responsible for the design consistent with the approved proffers. for the permitted residential units for future of Coverstone Drive Extended. The Applicant construction of Coverstone Drive Extended, or shall further pay to the County $1,000 for each other projects in the vicinity of the Property that permitted residential unit as a contribution are not included in this rezoning.. Such funds towards the future construction of Coverstone shall be paid at the time of building permit Drive Extended, but if the conditions above have issuance for each of the permitted residential not been met by June 30, 2018 then these funds units. 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. i 15.1.2 The Applicants shall provide a fifty -foot right -of- Proffer removed. The approved proffer provided for a right of way way for a future interparcel connection from to the Glaize Property line to the east of the site. Coverstone Drive to the easternmost property New Proffer 3.1 improves upon this proffer by boundary line of the Property, as shown on the providing a built connection from Governors Hill GDP. Said right-of-way shall be dedicated upon through the Glaize Property to connect with written request therefor. Arbor Court. 15.2 Notwithstanding any other provision of these Proffer removed. This proffer was removed to reflect that GSA is proffers, if the General Services Administration no longer the intended owner/developer for the locates a federal facility on the Property, the commercial area of the Property. Applicant shall construct Coverstone Drive as a full four -lane section from 11/1illwood Pike to Prince Frederick Drive prior to occupancy of that facility. 15.3 Notwithstanding any other provisions of these 15.3 Notwithstanding any other provisions of these Both proffers guarantee the construction of proffers, the Applicant shall construct Coversone proffers, the Applicant shall construct Coverstone Coverstone Drive as a four lane divided roadway Drive as a full four -lane section from Millwood Drive as a full four -lane section from Millwood from Prince Frederick Drive to Route 50. The Pike to Prince Frederick Drive prior to June 1, Pike to Prince Frederick Drive prior to November revised proffer extends the trigger for this 2012. 1, 2015. 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. 15.4 The Applicant shall design and construct Tazewell This proffer was added to the new application as Road as shown on the MDP as a minimum two a new roadway to service the residential land bay lane roadway within a variable width right of way will be needed with the shift in location of with a maximum right of way width of 60' to Coverstone Drive. provide access to residential uses within Land Bay 1 and other commercial areas of Land Bay 2. Said Wright 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. n LJ 0 15.4 The Applicant shall provide for future Proffer removed. Since the new proposal constructs the connection interconnection with Inverlee Way when that road between Coverstone Drive and Inverlee Way at is extended south of Millwood Pike to Coverstone Route 50, this proffer has been removed. 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 Proffer removed. The new application does not make a connection Sulphur Springs Road from a three- to a four-way at Route 50 and Sulphur Springs Rd, thus this signal. All improvements within the existing proffer has been removed. 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 15.5 The Applicants shall pay to the County the Proffer now allows monetary proffer to be used amount of $75,000 for signalization of the amount of $75,000 for signalization of the for other transportation improvements if not use intersection of Millwood Pike (US Route 50) and intersection of Millwood Pike (US Route 50) and for signal at Victory Road and Route 50. Victory Road (Route 728). Such funds shall be Victory Road (Route 728). Such funds shall be paid within sit (6) months of the issuance of the paid within sixty (60) days of the issuance of the first residential building permit in Land Bay 1. 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. 40 15.7 The Applicants shall pay to the County the 15.6 The Applicants shall pay to the County the Proffer now allows monetary proffer to be used amount of $150,000 for signalization of the amount of $150,000 for signalization of the for other transportation improvements if not use intersection of Costello Drive and Prince intersection of Costello Drive and Prince for signal at Costello and Prince Frederick Drive. Frederick Drive. Such funds shall be paid within Frederick Drive. Such funds shall be paid within sit (6) months of the issuance of the first sixty (60) days of recieving written request from commercial building permit in Land Bay 2. 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. 15.8 The Applicants shall close the existing crossover at 15.7 Access to Millwood Pike shall be limited to Revised Proffer limits access to Route 50 to only the Carper's Valley Golf Club entrance onto Coverstone Drive as shown on the MDP with the Coverstone Drive. The driveway that provides Millwood Pike, when the existing golf club use exception of the private driveway currently serving access to property owned by Richard and Donna ceases operation, but shall retain that entrance as a TIVI 64-A-83B. The Applicant shall close said Dick will also remain open. gated right -in right out connection for emergency driveway once access is provided to TM 64-A-83B site access to be used only by the United States via die internal residential street network as General Services Administration, for any federal depicted on the iVIDP. Additionally, the Applicant agency or department. Notwithstanding the shall close the existing crossover previously used foregoing, in the event that the Applicant obtains for access to the golf course concurrent with or otherwise controls right-of-way across Phase 1 improvements as provided by Proffer Millwood Pike from the current Inverlee 15.2. 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 Proffer removed. See Revised Proffer 15.12 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 15.8 All public right-of-ways shall be dedicated to Proffer remains unchanged. 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. Virginia law. 0 0 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 roac 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. 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 August 29, 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: 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. 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. Proffer remains unchanged. Revised Proffer provides flexibility in regard to road widths to meet needs of the proposed community while still satisfying ordinance requirements. Proffer added to clarify proposed off -site transportation improvements. 40 0 15.12 The applicant shall make good faith efforts to Proffer addresses the potential for the need for obtain any off -site right of way needed to off -site right-of-way and ensures that the County complete any proffered off -site transportation recieves an equivalent monetary contribution for improvements. In the event that the Applicant is any off -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 may be 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. Trip Generation Manual 7Ch 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 Bay that 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. 0 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 may be 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 may be 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") County Board 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 die United States Department of Labor, such that the United 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. is i C AMENDMENT Action: PI.:'1NNING C 0'NI M ISS10N .11lly 20. 2005 - Recommended Approval BOARD OF SUPERVISORS: October 12, 2005 X) APPROVI.D ❑ DEME-1) AN ORDINANCE AMENDING THE 'ZONING DISTRICT NIAP REZONING 91 1-05 OF CARPERS VALLEY WHEREAS, Rezoning 811-05 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 SO E), across from Sulphur Springs Road (Route 655) and The: Ravens Subdivision, in the Shawnee Magisterial District. and are identified by Propei-ty Identification Numbers (PINS) 64-A-82. 64-A-8 3. 64- A-9A. 64-A-86. 64-A-87 and 64-A-87A WHEREAS, the Planning Conimission held a public hearing oil Lh1S I-CZOI11Ilg oI1 JUi1' 20, 2005: alld WHEREAS, the Board of Supervisors held a public hearin;- on this rezoning on October 12. --)M: and WHEREAS, the Fredericl: County Board ol'Supervisors linds the approval ofthis rezoning to be in the best interest Of' the public health, safety. vvellare, and in confilrmance with the Comprehcnsiye Pollcv Nall-, NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the; Frederick County Codc. Zoning. is amended to revise the Zoning Dlsti-ict Map to change 281.5 acres from R/1(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 VOiUlltarll\' proffered in 1\ritin`g by the applicant and the property ci�vnes. I,{)kC;.;30-0 This ordinance shall be in effect on the date ofadoption. Passed this ] ?th day of October, ?(}OS by the followin_- recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Lv nda .1. Tyler Nay Bill M. hwinc -Aye Gene Fisher Nay A COPY ATTEST 14 John R.'Ril'ey, Jr. Frederick/County Administrator 1'DRes .-,6-0� REZONING: PROPERTY: PROFFER STATEMENT RZ. # H -05 : RA to R4 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. Tjournas; 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 confornance 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 lime of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The ten-n "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. OOU14467DOC 14 Proffers As Revised 000145 O()0()2O} I. 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 Carpers 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 contain 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 confommance with the regulations of the Residential Planried 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(1). 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 pemlilted 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 100014407.DOC i 4 Proffers As Revised 000145 0000201 in the R4 district. Multi -family units, as defined by tl: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 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 (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 100014467.DOC ! 4 Prvt'fers As Revised 0(1(1145 000020} • 0 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 beginning 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-eiglrth 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 In anticipation of acquisition or use of properties designated for commercial/employment use by the United States, convnercial 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 000144G7.1)OC i 4 Prnllers As Revised 000145 00002()i 4 • 0 unified development plan in general conformity with the Design and Development Standards. 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 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 pedestriaiAicycling 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. 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: 10001440DOC'1'4 Proffers As Rcviscd 000145 0000201 6-1 0 0 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 permit 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 constriction 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 stomnwater 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.DOC/4 Proffers As Rovised 000145 000020} 6 0 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 BOA if platted within residential or other lots, or otherwise granted to the BOA by appropriate instrument.. 12A 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 BOA 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' 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 stonnwater 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 (1) 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: 00014467DOC /4 Proffers As ReN ised 000145 00002O 7 0 13.1 The Applicant shall be responsible for cormecting 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 for the purpose of providing the highest order of stonnwater 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 fimher 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 constricted 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 Millwood Pike to the Phase 1 line in Land Bay I as depicted on the GDP. Such road shall be constructed in ;0(K)14467.1)OC /4 Proffers As Rcvised 000145 0000201 9 sub -phases as delineated on the final plaster 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 l 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 i 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 Properly that are not included in this rezoning.. Such funds shall be paid at the time 1000 1446 7 DOC /4 Proffers As Revised 000145 0000201 9 0 • of building permit issuance for each of the perniitted residential units. 15.1.2. The 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 Fight -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 hiverlee 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. 15.7 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 100014467.DOC i 4 Proffers As Rcv,scd 000145 0000201 10 0 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. 15.10 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. 16. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 16.1 Tile 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 may be demonstrated to be necessary by the Phase I study. 100014467DOC 14 Proffers 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 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWINTG PAGES {00014467DOC/4 Proffers As Revised 000145 0000201 0 0 r REZONING: PROPERTY: RECORD OWNER APPLICANT: PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE: PROFFER STATEMENT RZ. # f 0.69 278.0 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 intercomiected mixed -use residential and commercial/employment Land Bays 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 I 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 strictures 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 pennits 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 pen -nit. 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 though 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 pen -nit 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 lst 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 payinents 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 pen -nit for each dwelling unit. 9. PARKS & OPEN SPACE: 9.1 The Applicant shall contribute to the Board the stun of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each dwelling unit. Page 4 of 13 • is 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 storrmwater 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 h1 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 comlecting 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 constricted 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 1: 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 constricted 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 pen -nit 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 • 0 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 aligmnent 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 aligmnent 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 fields may be used for other projects in the vicinity of the Property that have a rational nexus to the Property. Such finds 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 frill 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 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 fields 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 finds 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. 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 C� J • 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 constriction 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 conunercial 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"' 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 12, 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 11 of 13 • 0 Governors Hill, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Sinith Inc., Manager , Y/"' -/"-, C) k"I Charles F. Stuart, Jr. Ueniot Vice President STATE OF VIRGINIA, AT LARGE F -DDLI�IC'K COUNTY, To -wit: ��i The foregoing insttunient was acknowledged before me this il� day of U�'C ��'✓� �>� 2008, by C i��i� S F 51y� V'�-) My commission expires �' � � 42 Notary Public4-- i� " Page 12 of 13 9 0 Carpets Valley Development, L.L.C. By: MS Carpets Valley Investors, L.L.C., Managing Member By: Miller and Sinith Inc., Manager Z Charles T. Stuart, Jr. tlrdor Vice President STATE Or VIRGINIA, AT LARGE FlI-991�44GK COUNTY, To -wit: The foregoing instrument was aclu-1owledged before me tlnis 11 f1- day of 2008, by NIy commission expires z ( G) Notary Public Page 13 of 13 PROFFER CSTATEMENT REZONING: RZ. # 10-0 : R4 and RA to R4 PROPERTY: 278.0 Acres +/-: Tax Map & Parcels 64-A-83, 83A, 84, 85, 86, and 87 (the "Property") RECORD OWNER: Carpers Valley Development, LLC and Governors Hill LLC APPLICANT: Carpers Valley Development, LLC and Governors Hill LLC PROJECT NAME: Governors Hill ORIGINAL DATE OF PROFFERS: March 24, 2008 REVISION DATE: September 2, 2008; October 31, 2008; December S. 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 commercial/employment Land Bays 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 I or 13 Deleted: Ombe, 31 • 0 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 V II, § 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 J5,815 Average Daily Trips (ADT) and 60.ted:49,351 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 0 • 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 Deleted: sh111 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 hails 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 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 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 1: Phase I 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 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 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 0 • 15.6 The Applicants shall pay to the County the amount of $,I75,000 for oeieted_I50 J 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-8313 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 7t11 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 12, 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 I of 13 0 Governors Hill, L.L.C. By: MS Carpets Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager Charles F. Stuart, Jr. Senior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2008, by My commission expires Notary Public Page 12 of 13 0 Carpels Valley Development, L.L.C. By: MS Carpels Valley Investors, L.L.C., Managing T\Iember By: -Miller and Smith Inc., Manager Charles F. Stuart, Jr. Senior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acicnowledged before me this day of 2008, by My commission expires Notary Public Page 13 of 13 0 0 PROFFER STATEMENT REZONING: RZ. # : R4 and RA to R4 PROPERTY: 278.0 Acres +/-: Tax Map & Parcels 64-A-83, 83A, 84, 85, 86, and 87 (the "Property") RECORD OWNER: Carpers Valley Development, LLC and Governors Hill LLC APPLICANT: Carpers Valley Development, LLC and Governors Hill LLC PROJECT NAME: Governors Hill ORIGINAL DATE OF PROFFERS: March 24, 2008 REVISION DATE: September 2, 2008; October 31, 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 October 31, 2008. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays 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 aligmnents. Page i of 12 0 0 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 peiniitted 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 49,351 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 12 0 0 3. ACCESS TO ARMORY PARCEL 3.1 The Applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Road, 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 Road as depicted on the MDP, the Applicant shall extend Pendleton Road to connect with Tazewell Road. 4. PHASING OF RESIDENTIAL DEVELOPMENT 4.1 Building pennits for Land Bay 1 of the Property shall be issued on the following phasing schedule: Year 1 (Months 1-12): 140 building pennits 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 pennits 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 cormnunity 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 shall be completed prior to the issuance of the 281st residential building pen -nit. 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 12 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 I" of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed conumercial (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 12 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 12 • 0 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 conurlon areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and storinwater 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 conunercial 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 coruiecting 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 Storinwater 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 12 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 frill section with raised medians on a minimum 90' right-of-way, utilizing the following phasing schedule: PHASE l: Phase 1 shall consist of the frill 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 conunercial building area. Page 7 of 12 0 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 when the alig anent 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 aliglnnent 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 pennitted 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 fields may be used for other projects in the vicinity of the Property that have a rational nexus to the Property. Such finds shall be paid at the time of building permit issuance for each of the pennitted 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 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 conunercial 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 pen -nit 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 12 15.6 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 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. 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 August 29, 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 12 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"' Edition for any conmiercial 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 12 • 0 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 12, 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 11 of 12 0 0 U • Governors Iill, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager AlA sv� Charles F. Stuart, Jr. zior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this �`� day of e4t_& -' 2008, by c'NA2Lg5 F Si tJ14d i ) 2 John T. Conrad My commissiU fires ;;'pr°`',oNC�Ngvo' NOTARY PUBLIC Notary Public u fo Commonwealth of Virginia Reg. # 7163184 `\p,,.�My Commission Expire::, '�P�RY PVOv September 30, 2012 ++nen„tua Carpers Valley Development, L.L.C. By: MS Carpers Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager A 4, ivy Charles F. Stuart, Jr. Dior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this �� day of 2008, by F Si cJ 4yZ i J.c2 My coma Notary Public Page 12 of 12 John T. Conrad NOTARY PUBLIC Commonwealth of Virginia Reg. # 7163184 My Commission Expires September 30, 2012 0 PROPOSED PROFFER STATEMENT 4), PROFFER STATEMENT REZONING: RZ. # : R4 and RA to R4 PROPERTY: 278.0 Acres +/-: Tax Map & Parcels 64-A-83, 83A, 84, 85, 86, and 87 (the "Property") RECORD OWNER: Carpers Valley Development, LLC and Governors Hill LLC APPLICANT: Carpers Valley Development, LLC and Governors Hill LLC PROJECT NAME: Governors Hill ORIGINAL DATE OF PROFFERS: March 24, 2008 REVISION DATE: September 2, 2008, October 31, 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 October 31, 2008. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays 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 I of 12 NOV Deleted: August 29, 2008 0 • 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 I 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 _49,351 Average Daily Trips (ADT) and Deleted:41,437 mitigation for said impacts is provided by the Applicant in a form that is acceptable to the County and VDOT. 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 12 3. ACCESS TO ARMORY PARCEL 3.1 The Applicant shall design and construct a two lane public roadway, identified on the MDP as Pendleton Road, 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 Road as depicted on the MDP, the Applicant shall extend Pendleton Road to connect with Tazewell Road. 4. PHASING OF RESIDENTIAL DEVELOPMENT 4.1 Building permits for Land Bay l of the Property shall be issued on the Deleted: the residential portion 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 fi•om 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 constricted 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 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 0£ 12 Deleted: and shall be, at minimum, equivalent to $25,000 per recreation unit. Deleted: be designed and bonded for completion as soon as practicable following approval of this rezoning, and 9 • 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 fast 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 Deleted: Department of Parks and residential and commercial areas within the development. Said trails shall Recreation 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 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 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 12 • • 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, am011g 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 12 Formatted: Bullets and Numbering Deleted: Deleted: 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, sibniage requirements, and similar matters. If only one such HOA is created, it shall be the master HOA for purposes of these proffers. 0 • 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 fi•om 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, Fist 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 12 Deleted: elements Deleted: 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. 0 • 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 1: 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 12 0 • P1 ASE 4: The Applicant shall design Coverstone Drive Extended as a four -lane section fi-om Prince Frederick to Relocated Route 522 as depicted from Point D to Point E 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 fiill 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 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 ftmds 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 12 15.6 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 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-8313 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 August 29, 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 I Coverstone Drive construction per Proffer 15.2. Page 9 of 12 0 0 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 A1ny future transportation analyses which may be required for the Property, shall utilize Code 820 "Retail" per the I.T.E. Trip Generation Manual 7d', 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 fast 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 12 Deleted: not be responsible for constructing those improvements where sufficient right of way is not available Deleted: The Applicant and County agree, by virtue of approval of this Proffer Statement, that the Traffic Impact Analysis entitled "A Traffic Impact Analysis of Governors Hill" dated August 14, 2008 as prepared by Patton Harris Rust and Associates will be valid for a period of six years from the date of final rezoning. No additional traffic studies will be required for any development of die Property that occurs within six years from the date of final rezoning. Formatted: Underline Formatted: Underline, Superscript Formatted: Underline • i 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 12, 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 11 of 12 Governors Hill, L.L.C. By: MS Carpets Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager Charles F. Stuart, Jr. Senior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2008, by My commission expires Notary Public Carpets Valley Development, L.L.C. By: MS Carpets Valley Investors, L.L.C., Managing Member By: Miller and Smith Inc., Manager Charles F. Stuart, Jr. Senior Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2008, by My conunission expires Notary Public Page 12 of 12 i Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 10212 Governor Lane Blvd., Suite 1007 P1_1R+A Williamsport, MD 21795 T 301.223.4010 F 301.223.6831 Memorandum To: Matthew Smith, PE Organ izationlCompany: Virginia Department of Transportation From: Michael Glickman, P.E. Date: August 14, 2008 Responses to April 16, 2008 VDOT comments regarding the Project Name/Subject: Governors Hill (Carpers Valley) Development PHR+A Project file Number: 13415-3-1 Site Plan Number: Per your request, Patton Harris Rust & Associates (PHR+A), has prepared this memorandum to provide responses to the April 16, 2008 VDOT comments regarding the TIA submittal of Carpers Valley Development. The following provides responses to each of the April 16, 2008 VDOT comments: VDOT Comment #1: Costello Drive has two lanes each direction east of Route 522 and one lane each direction west of Prince Frederick Dr. The existing Synchro files were coded with three WB lanes and one eastbound lane. Also, some left -turn and right -turn pocket lanes were coded as a full-length lane in Synchro files. Based upon aerial photos, the NB approach at Route 50/Custer Ave appears to have one left -turn lane and a shared through -right lane, but Synchro files used a shared one left -through lane and one right -turn lane. Please revise. PHR+.A, Response: PHR+A has revised the existing condition analysis based upon the existing turn -lanes and storage length. VDOT Comment #2: Synchro Existing Sat file has 544 SB left -turn vehicles at Route 522/Costello Drive, and a permitted phase only was used for those left -turn vehicles. It's not common or realistic to use permitted phase only for such high volume. Please clarify how existing timings were obtained. PHR+A Response: PHR+A has revised the existing condition analysis to utilize the VDOT signal timing. VDOT Comment #3: The following is the methodology and standard assumption from the Chapter 527 regulation: 1) Residential with a mix of nonresidential components - use the smaller of 15% of residential or 15% nonresidential trip generated. 2) Residential with office use - use the smaller of 5.0% of residential or 5.0% of office trip generated. 3) Residential with retail use - for AM peak hour, use the smaller of 5.0% residential or 5.0% retail trips generated; for PM peak hour, use the smaller of 10% residential or 10% retail trips generated; for 24-hour traffic, use the smaller of 15% residential or 15% retail trips generated. Referencing Table 4 on Page 17 the Internal Trip reductions do not match the smaller of 5%, 10%, and 15% respectively. Also, the In and Out Internal Capture trips Patton Harris Rust & Associates Memorandum Governors Hill: Responses to VDOT Comments Page 2 cannot be the same, they should be calculated based on In and Out trips from the trip generation. Furthermore, the Pass By trips should be calculated based on the trips after the internal capture trip reduction, not based on the original trips from the trip generation. Please revise. PHR+A Response: PHR+A has utilized the internal trip reduction percentages per VDOT Chapter 527. Figure A is provided below to depict the interaction of trips between residential and retail uses and between residential and office uses. ,lo Scale RETAIL Internal Trips In: 11(13)[15] Out: 3(23)[16] ADT: IM 53U Im 53U 15% of Otesideotial) -I- OFFICE Internal Trips In: 11(7)[2] Out: 3(12) [2] ADT: 31 !� o� l`v u c uc`4 o J N� °��cQ' 31 0 5 % of (Office)" AT / RESIDENTIAL Internal Trips In: 6(35)[18] (from Retail & Offia Out: 22(20)[17] (to Retail & Office) ADT: 562— (Retail & Office) TOTAL INTERNAL TRIPS (RETAIL + OPFICE + RESIDENTIAL) 1N: 28(55)[36] OUT: 28(55)[36] ADT: II2a Saturday Internal ADT AM Peak Ilour(PM Peak Hour)[SAT Peak Hour] Office Saturday Peak Hour Trips/ADT & Weekday ADT are lower than respective Residential Trips Figure A Internal Trips Illustration Patton Harris Rust & Associates Memorandum Governors Hill: Responses to VDOT Comments Page 3 VDOT Comment #4: Referencing Figure 7a, Figure 7b, and Figure 7c, why were pass -by trips applied at only the Route 50/Prince Frederick Drive intersection. The proposed site can be accessed from three intersections, the pass -by trips should be applied at all three intersections. Please explain. PHR+A Response: Per your request, PHR+A has revised the analysis to apply the pass -by trips at all the entrances. VDOT Comment #5: Referencing Table 5a, Table 5b, and Table 5c, some approaches have LOS D or E with the proposed improvements. Also, some movements have a queue as long as 1,141 ft. The queue lengths for many movements are a longer than the associated left -turn or right -turn pocket lanes. For example, some intersections with long queues are listed below. The proposed improvements do not appear to be sufficient. 1. Scenario 1 * Prince Frederick Dr/Costello Dr: NBT 553 ft at PM Peak, NBT 578 ft at Sat Peak, and SBT 1,141 ft at Sat Peak * Route 50/Prince Frederick Dr: `VBT/TR 467 ft at PM Peak, WBL 465 ft at Sat Peak, NBL 494 ft at Sat Peak, and NBT 494 ft at Sat Peak. 2. Scenario 2 Route 522/Costello Dr: SBL 635 ft at Sat Peak * Prince Frederick Dr/Costello Dr: SBTR 697 ft at PM Peak * Route 52/Prince Frederick Dr: WBT/TR 520 at PM Peak Route 50/Sulphur Springs Rd: SBR 477 ft at Sat Peak Route 50/Victory Rd: WBT/TR 485 ft at PM Peak 3. Scenario 3 Route 522/Costello Dr: SBL 626 ft at Sat Peak * Prince Frederick Dr/Costello Dr: SBTR 835 ft at PM Peak * Route 50/Sulphur Springs Rd: `NBT 580 ft at Sat Peak PHR+,(' Response: PHR+A has provided the list of the proffered improvements in the revised study in order to improve the level of service and to reduce the queue length. Patton Harri. ust & Associates Engineers. Surveyors Planners. Landscape Architects 3 November 2008 Mr. GregoryT. Hoffman Virginia Department of Transportation 2275 Northwestern Pike Winchester, Virginia 22603 N OV 3 2008 RE: Governors Hill — Response to VDOT's Comments dated 10/27/08 Dear Greg: Pu� /� The following is in response to the VDOT review comments received October 27, 2008 for 1 l [ � the Governors Hill Rezoning and Master Development Plan application. REGIONAL PLANNING CORPORATE: Chantilly Continent 1 The planned proffer modification that will remove a previous 13, agreed- to connection to VIRGINIA OFFICES: Sulphur Springs Rd (Rt. 655) is inconsistent with the County's Eastern Road Plan, updated Chantilly as recently as August 2007. As depicted, both the connection to Rt. 655 and Inverlee Way Charlottesville Fredericksburg thru the development are planned Major Collectors. The approval of this rezoning request Harrisonburg as presented would arguably eliminate the County's ability to see the connection to Rt. 655 Leesburg move forward in the foreseeable future. Newport News PHR+A Response: Norfolk The current Eastern Road Plan for Frederick County was adopted by the Board of Supervisors in Winchester November 2006 (See attached Exhibit 1) and was included as part of the Frederick County Woodbridge Comprehensive Policy Plan update approved in August 2007. One of the revisions made to the Eastern LABORATORIES: Road Plan as part of the November 2006 revision was the addition of Coverstone Drive and its connection Chantilly with Suphur Springs Road to depict the transportation plan approved with the anginal Govnernors Hill Fredericksburg rezoning application (Careers Valley; RZ 11-05). We believe, if not for Governors Hill, the Eastern MARYLAND OFFICES: Road Plan would still reflect the improvements planned prior to the 2006 revision. The Suphur Springs Baltimore Road connection was proposed in 2005 as part of RZ 11-05 as the Applicant did not own the Property Columbia necessary to make a connection to Route 50 at Inverlee Way. We believe that connecting Coverstone Drive Frederick at Inverlee Way will result in a much safer design than adding trips at Suphur Springs Road. Germantown Hollywood Comment 2 Hunt Valley Additionally, it is important to note that a Six Year Improvement Plan project northwest of Williamsport Rt. 50 along Rt. 655 is currently designed to provide typical section (lane arrangement) that PENNSYLVANIA OFFICE: would be inconsistent with the amended proffer/rezoning currently being considered with Allentown this application. It maybe warranted for the County to re-evaluate the scope of the project should the connection be removed. T 540.667.2139 F 540,665 0493 PHR+A Response: 1 17 East Piccadilly StreePrior to the approval of RZ 11-05, we understand that the Frederick County Eastern Road Plan depicted Suite 200 Sulphur Springs Road as an improved major collector (See attached Exhibit 2). Therefore, Suphur Winchester, VA Springs Road was intended to be a major collector roadway before the Coverstone Drive connection was 22601 conceived. As such, the Six Year Road Improvement Plan may reflect an earlier commitment to improve that intersection andprovide safer access for Suphur Springs Road. We believe the planned improvements would still serve this function. Comment 3 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 Rt. 655; and the third, a combination of connections at Rt. 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 Rt. 655 offers enhanced access from the eastern part of the County PHA to the planried future realignment of Rt. 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 Rt. 50 as it approaches a land use setting that is increasingly more residential in nature. Allowing a 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 Rt. 50. As can be construed in the TIA, a connection opposite Rt. 655 could very well satisfy an existing significant latent demand for the connection. 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 Rt. 655 is nearly 1/2-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: PHR+A Response: As shoipn by the TIA through a comparison of Scenario I and Scenario 3, providing both connections to Route 50 (Inverlee and Sulphur Springs Load) does not provide for increased Levels of Service (LOS) at subject intersections within the network. To further support this fact, please see the table below which depicts the overall LOS for the subject intersections for Scenario 1 and Scenario 3 for the 2025 Build -out conditions when assuming the suggested road improvements. Intersection Overall LOS AM Peak Hour M Peak Hour [Sat Peak Hour] Scenario 1 Scenario 3 Rt 50/Prince Frederick Dr/Custer Ave Bp)[C] C(D)[C] Rt 50/Coverstone Dr/Inverlee Way B [C] B C [D] Rt 50/Sulphur Springs Rd/Tazewell Dr Coverstone B [C] B C)[C] Rt 50/Victo Rd A A [A] A A [A] Prince Frederick Dr/Costello Dr A[B] A[B] Rt 522/Costello Dr B(C)[D] B(C)EDI As shown, the network will function as well, or better, using Scenario I rather than the additional Route 50 connection at Suphur Springs Road modeled under Scenario 3. 0 0 Additionally, the 2005 rezoning proer package allowed for the ultimate connection to Route 50 at Inverlee fY/ay, assuming that connection would be constructed by others. During approval of the subsequent Master Development Plan, the Applicant was asked by the Frederick County Board of Supervisors to consider a shift of the project entrance to the Inverlee Vey location with a cul-de-sac in place of the Suphur Springs Road Connection. (Foryour reference, please see Exhibit C — meeting minutes from the March 94, 2007 Frederick County Board of Szpervisors Meeting regarding the approval of the existing Governors Hill Master Development Plan). Comment 4 The future connection to Inverlee Way has been contemplated for some time so as to supplement access to the proposed development at Rt. 655 and Rt. 50. What is now being P��� /� considered is the elimiiation of the Rt. 655 connection, at the same time that the applicant 1\1 L is requesting the addition of hundreds of thousands of additional square feet of retail space. PHR+A Response: As stated previazzsly, the Coverstone Drive extension to Sir phztr Springs Road was only contemplated as a result of the original Governors Hill rezoning request. At that time, if the Applicant had been able to provide the connection at Inverlee Way as opposed to Suphur Springs Road then the Applicant would have proposed that plan. We have always believed that the Inverlee connection provides better future access to Senseny Road, and with good sight distance and standard approaches, is the safer of the two intersections. Comment 5 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 intersection fail/under- perform at build -out (LOS D, E and F). PHR+A Response: The VDOT required software package (Synchro) utili.Zed to optimi,-e/ ynchroni.Ze signal ystems does so according to vehicle progression, delay and queue along the main line of a corridor. The performance of an optimi.Zed corridor is best judged by evaluating the `Time -Space" diagram associated with the ystem. Optimi5,,irrg the level of service far minor street movements is not the fzznction of the program. The Phase 2 "Scenario 1 " 2025 Build -out analyses provided in the Governor's Hill TIA included the optimisation/ ynchronitiation of three (3) traffic signals along the Route 50 conidor. Route 501Prince Frederick Drivel Custer Ave, Route 50/Inverlee WaylCoverstone Drive and Route 50/SuphurSprings Road The analyses included in the TIA were based upon the optimal ynchroniyation of the Route 50 corridor as described in the aforementioned paragraph. Furthermore, since all overall levels of service were shown to maintain acceptable levels of service "C" or better, it did not seem appropriate to make adjustments to the optimised condition. This is consistent with previous submissions relating to other similar projects in the Staunton District. However, had we decided to manually adjust the network in an effort to optihzi.Ze levels of service for minor movements, we would have presented improved results. For instance, at the intersection of Route 50/Inverlee Wayl Coverstone Drive, referenced in the comment above, we can show all movements, except the SB left (LOS `E'), operating with LOS ranging from `A" to `D" (with overall intersection LOS "C'). Note: The VDOT comment above states that the September 2, 2008 submission included analyses showing movements with LOS `F" at the intersection of Route 50/Inverlee Wayl Coverstone Drive. No movements at this intersection are shown to maintain LOS `F". PROFFERS Comment 1 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 only75% of the cost of a signal. PHR+A Response: The Applicant has increased the moneta y contribution for the signali.Zation of Costello and Prince Frederick Drive to .$175,000.00. (See attached Proffer Statement dated 10129108) P R Al Comment 2 H � We disagree with the terms of Section 15.2: Phase 4 of the proposed proffers with 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 terrInology was not included in prior agreements, and we feel that a deadline should not be established now. PHR+A Response: This note ;vas added to the Proffer Statement to avoid a scenario in which the Applicant maintains a perpetual obligation which could never be fu f lled.. As such, rve feel the language is appropriate and provides ample time to determine the alignment of relocated route 522. Comment 3 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. PHR+AResponse: lVe have revised the Proffer Statement to provide for the connection of Ta.Zewell Drive to Arbor Court concurrent with the construction of Ta.Zewell Drive. In the interim, the Arbor Court connector roadway has been built utili.Zing a cul-de-sac in order to provide immediate access to the Armory. Comment 4 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. PHR+A Response: The areas where additional right of way may be required to provide transportation improvements are depicted on Sheet 1 of 2 of the proffered road improvements plan entitled "Governors Hill Road Improvements. " 11 • Coimnent 5 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 Rt. 50, the evolving nature of the neighboring parcels, and historic regional growth patterns, we do not support this proffered condition. PHR+A Response: bYle have revised proffer 15.13 to state that any future transportation analyses would utilise Code 820 `Retail"per the I T E Trip Generation Manual 7<<, Edition or any retail uses other than general oce. This will ensure that all future traffic studies are consistent with the stu y prepared as paii of the proposed P R ^`� application. H TIA- TECHNICAL OBSERVATIONS Comment 1 Please use separate figures for site generated and pass -by trips in the future. PHR+A Response: Noted Comment 2 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 E and some movements operate at LOS F. As an example, please refer to the following sub -bullets: A) The approach to Rt. 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 Rt. 50 resulting in a LOS D for this approach. B) At the Prince Frederick Dr. and Rt. 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 Rt. 50 and Costello Drive yields 250+ vehicles in the peak hour. By contrast, at build out the LOS for the intersection drops to LOS D with 6 out of 8 movements failing (D,E,F), with a peak hour volume of 1,850+ along the roadway from Rt. 50 to Costello Drive. This with no planned improvements to Prince Frederick Drive other than turn lanes at intersections. PHR+A Response 2A: Currently, the approach to Route 50 from Inverlee Way is limited to a right out movement only and therefore cannot be compared to future conditions. In accordance ivith the Comprehensive Plan, the TIA depicts Inverlee Ul'ay under future conditions as a `full movement" intersection. frlithout the signali,Zation improvement proposed by Governor's Hill, the aforementioned approach would operate at LOS `F" not "C" (as described in the Comment), during future conditions. PHR+A Response 2B: Upon a subsequent evaluation of this intersection, it appears that there would be a high likelihood that a significant portion of the vehicles currently turning left along eastbound Route 50 onto Custer Avenue would reroute to the new signali.Zed intersection of Route 5011nverlee fFayl Coverstone Drive. This change would improve the LOS for this movement from 'F" to "C" while not negatively impacting the intersection of Route 50/Inverlee Wayl Coverstone Drive. Additionally, if we had decided to manually adjust the network in an effort to optimise levels of service for minor movements, we would have presented results for the intersection of Route 50/Prince Frederick Drive/CusterAvenue that included all movements operating with LOS ranging from 'A" to 'D ". PHP/� F oor 2025 2025 t 2 :1 l FBuild-Out we disagree with the spacing of the proposed driveway entrances and signalized intersections along Coverstone Drive. The arterial LOS from Tazewell Drive to Rt. 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 PHR+A Response: The arterial LOS described above appears to be predicated tpon the assumption that Coverstone Drive would operate as a trvo lane facility. Although the TM did represent two -lanes as the minimum requirement, the proposed Governors Hill proffers commit the Applicant to providing a 4-lane divided section tinder 2025 build -out conditions. Furthermore, according to HCS Multilane analyses, Coverstone Drive, as a 4-lane divided roadway, would maintain LOS of "C" or better (NB and SB) during 2025 build -out conditions. The lane geometry depicted in the TIA for the intersection of Coverstone Drivel Tazetvell Drive results in overall LOS of 'B " (with no movement worse than 'D') while readily accommodating all anticipated future storage requirements. Therefore, the inclusion of dual EB and SB turn -lanes would be stperfluous. I hope that these responses help clarify/address any issues VDOT has with the proposed rezoning and master development plan for Governors Hill. If you have any questions, please feel free to call me at (540) 667-2139. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R Sowers Enclosure cc: Carpers Valley Development LLC • 0 Patrick R. Sowers 6bject: Governor's Hill/Carper's Valley - VDOT Comments to Rezoning -----Original Message ----- From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, May 21, 2008 12:40 PM To: Ronald A. Mislowsky Cc: Ingram, Lloyd; Smith, Matthew, P.E.; Copp, Jerry; Eric Lawrence; mruddy@co.frederick.va.us Subject: Governor's Hill/Carper's Valley - VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Routes 50, 781, 728, 1367. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Governor's Hill Rezoning Application dated March 24, 2008 addresses transportation concerns associated with this request. Comments are as follows: 15.1 - The relocation of Coverstone Drive is not consistent with Frederick County's Road Plan. 1 15.1.1. - Should be changed to 90' per the proposed MDP 2 15.1.1.1, 2, 3 - Due to the projected volumes of traffic this roadway will not be eligible for acceptance into the Secondary System until all three phases are complete. 3 15.1.2 - Due to the potential traffic volumes exceeding 2000 VPD, unless Frederick County agrees to a reduced width of the roadway, the F.C. to F.C. should be 40'. Thus the nroposed Right-of-way width is too narrow. 0 15.2 - Acceptable 5 15.3 - The $75,000 offered for the intersection of Route 50 and Victory Lane does not appear to mitigate the traffic impact sufficiently. 6 15.4 - The County will have to determine if the $150,000 offered is sufficient. 7 15.5 - Agree 8 15.6 - Agree 9 15.7 - Acceptable 10 15.8 - Acceptable Under Scenario 2, the following intersections were identified as needing improvements to handle the significant stacking requirements. These improvements were not mitigated in the proffers offered. Peak Route 522/Costello Dr: SBL 635 ft at Sat Peak 1 Prince Frederick Dr/Costello Dr: SBTR 697 ft at PM 2 Route 52/Prince Frederick Dr: WBT/TR 520 at PM Peak 3 Route 50/Sulphur Springs Rd: SBR 477 ft at Sat Peak 4 Route 50/Victory Rd: WBT/TR 485 ft at PM Peak Conclusion - The TIA submitted for this rezoning, while not perfect, appears to indicate that acceptable LOS can be maintained by the proposed relocation of Coverstone Drive to intersect Route 50 opposite of Inverlee Drive. This relocation is not in accordance with the County's Road Plan and therefore Frederick County will need to make the determination if the relocation is acceptable. The issues identified in the proffer comments will need * be adequately addressed prior to support by VDOT. 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 1 0 ' 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. *ank you for allowing us the opportunity to comment. <<SCN 20080521123836 001.pdf>> Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 • 0 April 28, 2008 Patton, Harris, Rust & Associates c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: County Transportation Connivent 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 townhomes 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 Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Patrick Sowers RE: County Transportation Comment on the Rezoning Application for Governors Hill 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 Plan. 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; Undermines an approved Eastern Road Plan that previous proffers for this development supported. 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. 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. John A. Bishop, AICP Deputy Director - Transportation JAB/bad cc: Lloyd Ingram, VD( Jerry Cop), VDOT 0 41 Patrick R. Sowers From: Ronald A. Mislowsky Sent: Monday, October 27, 2008 3:01 PM To: Patrick R. Sowers Subject: FW: Governor's Hill - VDOT Comments to TIA/ Rezoning Package Attachments: Picture (Metafile) A I, ? ole0.bmp (44 KB) -----Original Message ----- From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Hoffman, Gregory Sent: Monday, October 27, 2008 2:46 PM To: Michael C. Glickman Cc: Smith, Matthew, P.E.; Hoffman, Gregory; Copp, Jerry; John Bishop; elawrenc@co.frederick.va.us; Short, Terry; Conrad, John; Ronald A. Mislowsky Subject: Governor's Hill - VDOT Comments to TIA/ Rezoning Package The documentation within the application to rezone this property appears to have significant measurable impact on Routes'50, 1538 and 781 . These route are the VDOT roadways which has been considered as the access to the property referenced. 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 Rt. 655 at Rt. 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 underperforming 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 Springs Rd (Rt. 655) is inconsistent with the County's Eastern Road Plan, updated as recently as August 2007. As depicted, both the connection to Rt. 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 Rt. 655 move forward in the foreseeable future. Additionally, it is important to note that a Six Year Improvement Plan project northwest of Rt. 50 along Rt. 655 is currently designed to provide typical section (lane 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 Rt. 655; and the third, a combination of connections at Rt. 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 Rt. 655 offers enhanced access from the eastern part of the County to the planned future realignment of Rt. 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 Rt. 50 as it approaches a land use setting that is increasingly more residential in nature. Allowing a 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 Rt. 50. * As can be construed in the TIA, a connection opposite Rt. 655 could very well satisfy an existing significant latent demand for the connection. * 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 Rt. 655 is nearly 1/z-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 Rt. 655 and Rt. 50. What is now being considered is the elimination of the Rt. 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 intersection 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 with 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 Rt. 50, the evolving nature of the neighboring parcels, and historic regional growth patterns, we do not 0 support this proffered condition. 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 E and some movements operate at LOS F. As an example, please refer to the following sub -bullets: The approach to Rt. 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 Rt. 50 resulting in a LOS D for this approach. 1 At the Prince Frederick Dr. and Rt. 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 Rt. 50 and Costello Drive yields 250+ vehicles in the peak hour. By contrast, at build out the LOS for the intersection drops to LOS D with 6 out of 8 movements failing (D,E,F), with a peak hour volume of 1,850+ along the roadway from Rt. 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 Rt. 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 1 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. Should you have any questions or concerns, do not hesitate to call. Gregory T. Hoffman, Supervisor Virginia Department of Transportation Edinburg Residency - Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax 4(540) 535-1846 3 I+ REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 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: 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 recornmend 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 '/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 clarify. 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 Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1 • 0 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 proposed for the proffered design of Coverstone extended was not present in the current proffers, and it does not appear to me 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, John A. Bishop, AICP Deputy Director - Transportation JAB/bad cc: Matt Smith, VDOT Jerry Copp, VDOT ri rJ COUNTY of FRI+;DERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 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. RezoninIZ 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/3 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 • 0 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 Annory 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 #I1- 05 was approved that this proffer was deterniined 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 0 Page 3 Mr. Patrick Sowers 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 l 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 comiected. 13. 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 existing R4 designated for residential. Page 4 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property 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 0 0 U 0 April 28, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, Virginia 22601 a tCA%oiq !ERICK Department of Planning and Development 540/665-5651 FAX- 540/665-6395 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 goopOsf 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 Kent Street, Suite 202 ® 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 T1A 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 per multi -family 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 94 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 1.1. 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 referenced in revised proffer 1.2. This manual referenced the housing types and street' designs and architectural 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. 0 0 0 Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill 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. 0 0 0 • 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. 17. Proffer 15. It is unclear why proffers 1 S.1.1.1.1 and 15.1.1.1.2 are not combined to just state that Phase I 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. 0 0 0 0 Page 5 Mr. Patrick Sowers RE: Proposed Rezoning of Governors Hill Property April 28, 2008 23. 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 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 fi-om 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 Buffer. 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. On sheet 3, the monetary unit price for the recreational units needs to be removed. 0 t� 0 Page 6 Mr, Patrick Sowers R);: Proposed Rezoning of Governors Hill Properly 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, Cova�' e-, Candice E. Perkins, AICP Senior Planner cc: Carpers Valley Development LLC, 480 Jubal Early Drive, Suite 330, Winchester, VA 22601 From:LIFESAFE s 04/01/2008 09:43 Is #939 P.002/002 Control number Date received R7,OB-0004 3/28/2008 Project Name Governors Hill Address City 117 East Piccadilly Street. Suite 200 Winchester Type Application Tax ID Number Rezoning 64-A-83,etc. Current Zoning Date reviewed Date Revised 4/1/2008 Applicant Patton Harris Rust 8 Associates State -Lip Applicant Phone VA 22601 540-667-2139 Fire District Rescue District 21 21 R4/RA Recommendations Automatic Sprinkler System Automatic Fire Alarm System Yes Yes Other recommendation . Emergency Vehicle Access Hydrant Location ' Not Identified Not Identified Siamese Location Roadway/Aisleway Width Not Identified Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Reviewed By Yes J. Neal 0 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Signature Title COUNTY of FREDERICK Department of Public Works W 540/ 665-5643 FAX: 540/678.0682 June 12, 2006 Mr. 11atricic Sowcrs Patton Harris Rust & Associates, p.c. 117 last Piccadilly Street Winchester. Virginia 22601 RE: Governors Hill Master Development Plan (MDP) Frederiel< County, Virginia Dear Patrick: We have completed our review of the proposed Governors Hill MDP and offer the following cU;nments: I . Refer to our previous review comments, I and 2, dated .lung 27, 2005, related to the Carpers Valley Rezoning. These comments need to he incorporated in the proposed IvIDP. 2. Indicate the contour intervals shown on the applicable topographic sheets. 3. Existing ponds are sliown 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 insure the integrity and long-term stability of the dams associated with these ponds: Off -site easements may be required to accommodate point source discharges. 4. 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. - 5. Indicate if consideration has been given to constructing one (1) or two (2) large stormwater detention Facilities in the residential development areas rather than the ten (10) small facilities shown on sheet 4 of 6. This approach would greatly reduce the 107 North Kent Street • Winchester, Virginia 22601-5000 Governors mill MDP Comments Page 2 June 12, 2006 maintenance responsibilities assigned to the Homcowliers' Associations. I can be reached at 7222-8214 if you should have any questions regarding the above comments. HES/rls cc: Planning and Development file • S111CCl'013', r � 46 L_JIV21:�� Harvey E. Strawsnyder, Jr., P.E. rC Director of Public Works 0 C:\1'rogram Fiies\wordl'crfecl Office 11U2hondaVI'Ld11'COiY141L\"I'S\governorshiiimdpeom.wpd • 0 • 0 • Rezoning Comments Governors Hill Rezonine Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4`h Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers RECEIVED c G G 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 MAR 2 8 ZOOP Location of Property: MOW COUNTY MM WRK & I,NNSPEM 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Department of Inspections Comments: Inspections Signature & Date: Notice to Dept. S rIc l — Please Return This Form to the Applicant 14 • • Rezoning Comments Governors Hill Rezoning Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, protler statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 APR 2 4 2003 Winchester, VA 22601 Location of Property: 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Fred-Winchesterj.Sen,ice Authority's Comments: FWSA Signature & Date: `MU Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 22 • • • Rezoning Comments Governors Hill Rezoning Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation A ty Attn: Engineer Attn: Engineer MAR 2 8 2003 P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA FCSA (540) 868-1061 Apnlicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: is 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Sanitation Authority Comments: 7 C) s cc- l4irF Sanitation Authority Signature & Date: Notice to Sanitation Auth ty — Please Return This Form to the Applicant 1� is • Oit, 1. __ . Rezoning Comments Governors Hill Rezoning Frederick — Winchester Health Department p Mail to: Frederick -Winchester Health Dept Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 0 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Ap�lxGant Please fill Doti tlxe xnfaranatxon as acoutely as, possible zn <�rder to asszst the Frederick w in nester rlealrli liepairrmentwzth their revi��� tcac ri a copy, o yt�ui aPphc airon xurm, location,map, proffer statement, impact;analysis,'and'any=.other`per��neia information Applicant's Name Mailing Address: Patton Harris Rust & Associates Phone: (540) 667-2139 c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Frederick— Winchester Health Department's Comments: (ti �� 6 �,Q - E � Health Signature & Date: Notice to Health Department — Please Return This Form to the Applicant at 9.z RINa3AROM 19 • • • Rezoning Comments Governors Hill Rezoning Frederick County Department of Parks & Recreation Mail to: Hand deliver to: • Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Frederick County Department of Parks & Recreation Co. Administration Bldg., 2" d Floor 107 North Kent Street Winchester, VA 22601 :;Applicant °Please fill ° aut thel,vm ozmatiori as' accurately' as Xposs ble ;in artier to asszst the 'DPp�rtment:of ParksE &,;Rerea+yon,i.r:#1: tlie� reY�ean,<«<c� w co,�y vfyu�n� a�}�,iea`fxori'ii�rm,' location map, proffer statement, impact analysis, and any other, pertinent information Applicant's Name Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Dept, of Parks &- Recreation Comments: SSPP CnmmPnts on attached sheet Parks Signature & Date:Pi�/�''G` Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant I 16 Governors Hill Rezoning Request October 22, 2008 1. 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. 2. 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. 3. The pedestrian/bicycle trail appears to meet county standards and should be constructed to the 2007 MPO Bicycle/Pedestrian Plan specifications. 4. The proposed Dog Park would not be considered a recreational unit. 5. The net useable open space to be provided in the commercial areas should be included in the project sunnnaiy. 6. It appears this project is required to provide 30% open space throughout the entire development. 7. The proffered neighborhood swimming pools should have adequate decking, dressing rooms and support amenities. 8. Completion of the 3,000 square foot Community Center and the 3,500 square foot swirmning pools by the issuance of the 281 sc building permit should be reviewed and approved by the Planning Department as deemed appropriate. Matthew G. Hott, Superintendent of arks 0 • 0 • • Rezoning Comments Governors Hill Rezoning Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667-2139 Mailing Address: c/o Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: 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. Current Zoning: R4/RA Zoning Requested: R4 Acreage: 278 acres Winchester Regional Airport's Comments Winchester Regional Airport Signature & Datea a &a R ff)(V Notice to Winchester Regional Airport — Please Return This Form to the Applicant 0 20 • 0 01(7 RGRJW / 0 WINCHESTEIR REGIONAL AIRIPWT ,2008 Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning-r omment - Governors Hill 39.7 acres RA to R4 238:3-asres R4 to R4 Shawnee Magisterial District Dear Mr. Sowers: I have reviewed the rezoning request for Governors Hill for additional property acquired formerly known as the Hockman parcel to be included into the Governors Hill complex. After review by legal counsels 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 shalf-conveyto-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 languagais used to replace subsection 14.3, the Airport Authority has no further comments or objections to thl proposed rezoning. Thank you for your continued -co eration-and assistance. We appreciate your efforts to ensure continued and safe operations of the Winchester Regional Airport. Sincerely, S. R. Manuel Executive Director Enclosure 0 • THIS DEED OF EASEMENT AND RESTRICTIONS is made this day of _ .20_, by and between ("Grantor") and THE WINCHESTER REGIONAL ALP -PORT AUTHORYTY a political -subdivision of the - Commonwealth of Virginia ("Grantee"), WHEREAS, the Grantee is the owner of the Winchester Regional Airport ("Airport"), located within Frederick County, Virginia; WHEREAS the Grantee is the owner of certain real property, described below; WHEREAS the zoning ordinance of the County of Frederick requires an avigation easement for any properties that are subdivided that =lie within the airport support area as --shown in the zoning regulations of the County; and WHEREAS, the parties desire -to set out the rights and responsibilities of each related to the Winchester Regional Airport. WITNESSETH: THAT for and in consideration of -the mutual -benefits to the parties hereto, the Grantor does hereby grant to the Grantee a permanent avigation easement, subject to the terms and conditions set forth herein below, across the following describe4 property (hereinafter, "Property"), to wit: The property over which -are avigation easement is hereby conveyed is described as follows: FOR A DESCRIPTION OF THE REAL ESTATE CONVEY-GD, SEE CHEDULE A,-ATTAC-+MD HERETO AND MADE APART HEREOF 1. TN -AT the Grantor, for -it -self; its=heirs; successors and -assigns, hereby grants unto Grantee for the benefit of the public in the use_ and_ operation -of the Airport; a right of the public and specifically, without limitation of owners, operators and occupants of -aircraft to use .the-airspac-e..over the Property and for all said persons and entities to cause in the -navigable -airspace above -the Property such light, sound, noise, smoke and vibration as may be inherent in or related -to the operation-of-aircra€t using said airspace for landing at, taking off from, or otherwise operating at or about the Airport: and 2. THAT Grantor, for -itself, its heirs; successors and assigns, and -for the benefit of the public in the use and operation of the Airport -and the airspace above the airport, covenants and agrees that it will not use the Property, or permit any use -of the -Property, in a manner that -would: -constitute an obstruction to the passage of aircraft using thenavigable airspace above the Property -for: landing at, takEit g off from or otherwise operating at or about -the Airport, and that they will not use the -Property, az=permit any use of the Property, in a manner, ineluding-easting of -light into the-airspace-abave-the prope" which would present a hazard to any aircraft using the navigable airspace above the-Property--for.-landing-at, taking off from, or otherwise Operating at or about the Airport. A. For the purpose of this restriction "object" including any mobile object, shall mean any natural growth, any terrain; any-perrnancrit-or-temporary construction -or -alteration of any structure, including equipment or materials used therein; any apparatus of a permanent or temporary character; 0 • and alteration of any permanent or temporary existing structure by a change in its height (including appurtenances) or lateral dimensions, including equipment or materials used therein. B. For the purpose of this -restriction, "strualare" shall mean any object, -including a mobile object, constructed or erected -by man, -including but not -limited to: buildings,- Loweyst communications towers-, radio -and television antennae, cranes, smokestacks, earth formation, everhead transmission lines, flag poles and ship masts. C. For the purpose of this -restriction, "obstruction" shall mean any existing object or structure, any future object or structure, including_a Tobile object or structure, jf such object or structure is of greater height than any of the following heights or surfaces: (1). The Transitional Surface described herein: or any -imaginary surface of the Airport that may be applicable to t4ie-Property, as established -by -the Federal:Aihation Regulations, Part. 77, or any applicable successor regulations; (2). Any other heights -or surfaces -established as standards for determining obstructions by the Federal-Aviat" Regulations, Part 77, or any applicable successor regulations, as such standards may appl to the Property; and 3. THAT Grantor for itself, its -heirs, successors and assigns; covenants -and, agrees with the Grantee that for the benefit of the public in -the -use and operation of the -Airport -they -will not hereafter establish, construct, erect or grow, orpermit- the- establislunent. construction; erection or growth of, any structure or vegetation, whether natural: or man -made; -which --would penetrate -into -or through -the Transitional Surface described herein, or any Airport -cleat -zone, runway protection zone, approach zone, imaginary surface, obstruction clearance surfacerobstnwetion-clearance zone er-etlrer--surface or-zono-(as such zones or surfaces may currently or hereafter -be -defined by applicable -regulations of the Virginia Department of Aviation and/or the Federal. Aviation-Mministration, and as -such zones or sur€aegis-may be made applicable to the Property by such -regulations and as such- zones or surfaces are shown on the documents of the Grantee). Grantor and--Grantee-agree on -behalf of themselves,-their-suiccessors and assigns that a structure erected in such -zone -or surface -pursuant to, and in -accordance with, a permit issued by the Virginia Board of Aviation -.pursuant -to -Section 5.1-25.1 ef-the-Vi-rginiaCode, 1950; as amended or any applicable successor statute, shall not violate this restriction. For the purpose Gf this restriction, "structure" shall mean any object, including a -mobile object; constructed -or erected by man,-ine-luding but not limited to: buildings, towers, communications -tower, radio and television antennae, cranes, smokestacks, earth formations, overhead transn-issie* lines, flag poles and ship masts. THE GRANTEE TG HAVEANDT4-HGp.D such easement -and -all rights appertaining thereto under the Grantee, its successors arid -assigns; -with -the understanding -and -agreement that the covenants, restrictions and agreements -set -forth -herein shall be binding upon the -heirs; -administrators, executors; successors in interest and assigns-ef-the Grantee and Grantor, and that these -covenants and agreements shall run with the land, unless and until the Airport is abandoned. In the -event -the, Airport is abandoned this easement shall automatically-terminate;-anre d title to the Property; wwrteumbed-by this easement and the restrictions set forth herein; shall automatically revert to the -Grantor or its successors in interest, as applicable, without the need of any further action by the parties or -their successors. 10-24-08;02:36PM; PHRA 0 5406622936 tt 5 / 5 LI • THIS DEED IS EXEMPT from the state recordation taxes imposed by Virginia Code §58.1-801, pursuant to Virginia Code §58.1-811(A)(3). WITNESS the following signatures and seals: GRANTOR: (Seal) Commonwealth of Virginia City/County of , to wit: Before me, a Notary -Public on this day of , 2006, appeared who acknowledged his /'her signature to the foregoing easement, dated , 20_. My commission expires: Notary Public 2008-Apr-23 03:53 PM Frederick County Public School 5406624237 • 0 '�Frede ricl( County Public Schools to ensure all students an excellent education K. Wayne Lee, Jr. CZA a Coordinator of Planning and Development e leew a@fredericUl2sams April 23, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates, P.C. 117 East Piccadilly Steet, Suite 200 Winchester, VA 22601 Re: Governors Hill Rezoning and Preliminary faster Development Plan Dear Patrick, Frederick County Public Schools has reviewed the Governors Hill rezoning and preliminary MI)P submitted to us on March 31, 2008. We offer the following comments: 1. The cumulative impact of this project and other projects in various 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- this -development will house 46 high school stuidents, 45 middle school students, and 94 elementary school students. 7n order to properly serve these 185 students, Frederick County Public Schools will outlay $6,409,000 in capital expenditures and $1,990,000 annually in operating costs. You will find, enclosed yhth-this letter, a more detailed assessment of the impact of the Governors Hill development on..FCPS.- 2. We note the cash proffers f�orpublic 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. 3. We will be sending four school buses (two elementary, one uniddle 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.trav-elalong-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. 1415 Amherst Street www.lredericUl2.va.us P.O. Box 3508 Winchester, Virginia 22604.2546 540-6623889 Ext. 8B249 540.662-4237fax 2/5 2008-Apr-23 03:54 PM Frederick County Public School 5406624237 3/5 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 and in the attached development assessment. Please feel free to contact me at lee4 @frederick.kl2.va.us or 540-662-3888 •x88249 if you have any questions or comments. S' cer y, �J K. Wayne ue, 7r., CZA Coordinator of Plan iaig and Development enclosure Cc: Mrs, Patricia Taylor, Superintendent of Schools Mr. Al Omdorff, Assistant Superintendent for Administration Candice Perkins, Senior Planner, Frederick County 9. 1 - -- Annual OnerationaI Costs This Development°s Impact on FOPS Operational Costs li Y 2008 Budgeted Cost Total Student P,er SindPnt Gengratipn Annual Izn $10,215 �8. SI 90,@il School Facility Information 1✓lementary School Middle School high Sep ool (Gradds (Grades 6-8) (Grades 9-1-2) 2007-08 School Attendance Zone* Evendale Admiral Byrd N611�rook September 15; 2007 Student Enrollment 695 810 1,278 2007=08 Program Capacity 644 850 1,250 * - School Attendance Zones are subject to change. i' P Frederick County Public Schools Development Assessment Project Name: Governors Hill (Rezoning and Preliminary VIDP) Assessment Date: April 18, 2008 'Stud enf'Genera tion Elementary M ddle School High School School Student Student �tUdeut Tbtal.Student Housing Type Housing Units Generation Generation Generation Geaoei-atioh Single-family detached 0 0 0 0 0 Single-family attached 422 82 40 41 163 Multifamily 128 12 5 5 22 Totals 550, 94 45 46 185 School Cost Program Capacity Per Student Cost Students Generated by this Development This Development's 11muact on FCPS Capital Costs Caoital Casts N Elementary Middle School High School School Cost Cost Cost Total Capital (2008 C1P) (2008 CI P) (2008 CI1P) Costs $19,900,000 35,542,000 55,250,000 750 850 1250 $26,533 $41,814 $44,200 94 45 46 S2,494,000 $1,882,000 $2,033,000 S6,409,000 _! IV. AGENCY COMMENTS 0 0 0 II. IMPACT ANALYSIS • 4 October 2008 Governors Hill 0 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 "Carpers 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 "Hocktnan" 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 cointnercial 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 d-iose 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 die Sewer and Water Service Area (SWSA). Subsequent to approval of RZ 11-05, die 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 die residential land bay, die proposal is still in accordance widi the revised UDA boundary. The rezoning application includes a proffered Master Development Plan (MDP) as it is a regturement 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 widiin 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 die 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 d-ie cornmitinent to providing a ininiinum distance of 2,000 feet between the airport runway and any residential dwelling 1 of 5 0 0 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 Airport'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 ui 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 umprovement does decrease the actual improvements necessary at intersections along Prince Frederick Drive, offsetting the transportation impacts 0 between scenarios. 2of5 October 2008 0 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 (U4D) 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, die 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. ENVIRONMENTAL FEATURES �J 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 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. These characteristics and any implications for site development are manageable through the site engineering process. Flood plain data for die 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 October 2008 0 Governors Hill 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 diis application. SEWAGE CONVEYANCE AND WATER SUPPLY The Property is currently served by an 8" sewer line drat 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) requv ements 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 dle 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 sever flows. SOLID WASTE DISPOSAL FACILITIES Solid waste from die 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 cornrnercial/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 nor is it identified as eligible for eventual inclusion on the state or national register of historic places. Moreover, pursuant to die 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 Gates: 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 0 Governors Hill • IMPACT ON COMMUNITY FACILITIES • • The Applicant has maintained the monetary conunitements proffered as part of RZ 11-05 to mitigate the impacts of any residential uses proposed for the development. 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 eI F n 37 12 13 19! f0 20 21 9 2S� 24 zl y 31 30 �0 1� - 5a Y / 24 w i2 40 41 so 42 44 - 49 "New Major Collector / 46 r 5b "New Minor Collector 50 "Improved Major Collector ' "Improved Mirror Collector 1 51 52 3� 42 — "New Major Artery 50 54 May 11, 2005 4 o 0.5 1 2 J` W E s Current EASTERN ROAD PLAN ( Frederick - - - Exhibit 2 — 2005 Eastern Road Plan • A Traffic Impact Analysis of Governors Hill Development Located in: Frederick County, Virginia Prepared for: Governors Hill Development, LLC 480 Jubal Early Drive, Suite 330 Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates Engneers, Surveyors. Planners. Landscape Architects. 10212 Governor Lane Blvd, Suite 1007 Williamsport, MD21795 T 301.223.4010 PH"A+ F 301.223.6831 August 14, 2008 • • • EXECUTIVE 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 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 (future 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 assxunes the frill build -out with access to be provided via Coverstone Drive (fixture 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 92 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" (#1) as well as for the "VDOT/County Requested" Scenarios (#2 & 0). 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 "D" or better during "Proposed Scenario" — Scenario #1 and "VDOT Requested" Scenarios #2, 93 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 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 project as it was originally envisioned by the Applicant, VDOT and the County. PHIZI� A D-afc Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 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 fashion 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 frill 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 42 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. 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 conditions. A Tin is Impact Analysis of Governors Hill Development Project 415-1-3 I'H� August 14, 2008 Page 2 C� 0 Assumptions 0 0 The following assumptions are incorporated in the analysis based upon the scoping session between the Virginia Department of Transportation (VDOT) and PIIR+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. PHPl� A TraTic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 3 • 0 No Scale UD "LJ A .: ; gym► - JU ��"�°;Bloaspni(Mallc _ J V,-�.� z ' 522 SITE \—=5�,,ru,s�IjesRd ti�•1►VInclieste- • Q 522Op nT Tn -I- n _JLnT'W" V Figure I Vicinity Mal): Governors Hill Development, in Frederick County, VA PHRl� A Tiaffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 4 • EXISTING CONDITIONS 0 0 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 peals hour traffic volumes to 24-hour 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. Figure 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/PM 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 95t" 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. PHRl� A Traffic hnnact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 5 • �J 0 N� b No Scale ly 11 N Iss10 �%► I18(1g6 9I Ind 4�2( q��S/ 1(0)1IS a1141 52250 tibu� h, �l C6ro1�N y 38>0 D�r�OJJs ���3� ♦ �4�4 2pS %g96JS1(IgbI3 i�o q07 SO Il J(I3ISSZI �%► Y"�� q0>(8/1II ♦S C`os q)cq . a�' (6gll&)1S66 l �g9 QS�b �01 ho.��Nc� 0 14080 SITE�e ,. Sul hur u '-s Road 01 ti 522 SITE 50 795 t if COsre�lo '�ry��� `��9p� �• �'�i,� ,ti'til`ry0 Saturday ADT AM Peak IIour(PM Peak Hour)[SAT Peak Hourl Figure 2 Existing Traffic Conditions PHitl� A Traffic Impact Analysis oLGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 6 • • No Scale R Stgnalized Intersection LOS=B(B)ICI ste�/c D,"e o � 1 U ll d FSignaliud 50 Intersection 4S nsgna u lq Intersection �Pr�J(9 f SITE LP RA r-H Figure 3 P R+A H V 49 Signalized Intersection LOS=C(D)[C] 4l��BViN SITEized tlon Denotesstop sign control in Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Holm (PM Peak Hour) [SAT Peak Hour) Note: See Table 1 for levels of service by "Lane Group" Analysis is based upon VDOT Signal Timings Existing Lane Geometry and Levels of Service A TiviEw Impact -Analysis of ove)-nom Hill Development Project Number: 13415-1-3 August 14, 2008 Page 7 0 • • Table 1 Governors Ifill Dovelopment Levels of Service-nnd Back of Queue (95%) Results Gxistinp Traffic Conditions Intersection Traffic Control Lana Group/ Appronch ANI Peak Hour Phf Peak Hour SAT Peak Hour LOS Back of Qneuo LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized EB/LT D 25.0 D 25.0 P. 25.0 RB/R C 25.0 A 25.0 D 25.0 EB LOS D D D WDIL D 80.0 D 94.0 B 130.0 WD/LT D 80.0 D 92.0 B 134.0 1VD/R C 1 25.0 B 58.0 B 87.0 WB LOS D C C NB/L A 25.0 D 25.0 D 25.0 NBfr Land I B 123.0 B 229.0 C 147.0 NB[r Lane Nl3trR NB LOS B B C SB/L D 80.0 D 205.0 D 811.0 SB/r A 1190 A 194.0 A 101.0 SDfrR SB LOS A ➢ C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignalized BB/L 25.0 B 25.0 A 25.0 EB/R NB/L'C25.0 A 25.0 A 25.0 SB/fR PA Roule50& Prince Frederick Drive/Custer Avenue Signalized ED/L25.0 D 74.0 B 79.0 PBff Lane 1184.0 B 162.0 C 202.0 BBrr Lane 2 ➢B/R A 26.0 A 1 25.0 A 25.0 E➢ LOS B B C WB/L B 40.0 39.0 B 58.0 WD/T B 131.0 TTI 332.0 C 248.0 WD(fR WB LOS B C C NB/LT D 55.0 D 134.0 D 105.0 NB/R B 1 25.0 B 1 43.0 B 38.0 NB LOS C C C SB/LTA D 223.0 D 1 110.0 D 140.0 SB LOS D D D Overall LOS C C C Route 50 & Inverlce Way Unsignalized PB/T Lane I PUT Lane Warr Lane I - - WBT Lane WD/R SD/R Rouse 50 & Sulphur Springs Road Signalized 13131L B 38.0 D 124.0 B 133.0 RB/T Lane 1 B 155.0 B 104.0 B 77.0 EB/T lane 2 EB LOS B ➢ B Warr Lone I C 166.0 P 496.0 C 207.0 WBfrLane 2 1YB/R A 1 31.0 B 100.0 A 33.0 W➢ LOS C D C SB/LR C 1 206.0 B 1 78.0 C 1 239.0 SB LOS C ➢ C Overall LOS C D C R& RoutVictory ViVictoryoad Unsignalized EB/L A 25.0 A 1 25.0 A 25.0 BUT Lane I - - - PBfI' -La. a 2 BB/R 1YB/L A 25.0 A 25.0 A 25.0 WDIT WBfrR NB/LTR C 29.0 E 92.0 C 25.0 SB/LTR B 25.0 1 B 1 25.0 A 25.0 PHRA Assumed 25 Rct Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: [.on, T:Thro, R: Right A Traffic Impact 11na1 sy is of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 8 0 • 0 PHASE 1 (YEAR 2015) TRAFFIC CONDITIONS Phase I 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 (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 7th 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" Trin Cener"tion Summalw Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Slit Peak Hour III Out Total ADT Ravens Subdivision " 210 Single-Pandly Detached 115 units 22 67 90 78 44 122 1,150 61 52 113 1,200 Total 1 22 67 90 78 44 122 1150 61 52 113 1200 I Of the 585 unils proposed for the Ravens Subdivison development, 470 units are occupied. Figures 4 shows the 2015 background weekday and Saturday ADT as well as weekday AM/PM peals hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figures 5 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 951h percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. PHItA A Traffic hnpact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 9 0 • • • -Weekday ADT -� Saturday •� AM Peak Hour(PM Peak Hour)[SAT Peak hour] II Figure 4 Phase 1: 2015 Background Traffic Conditions PH[21� A Traffic Impact Analvsis orGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 10 U • • G� e� L No Scale +4 `?S Signalized 50 G� Intersection Los=B(B)IBI/ Signalized Interacctiolr LOS=11(13)4IClll C, �yt_ Sre!!o / Unsignalized o�ej I/♦11+`+"�^� br�'ye Intersection Iq SITI1�`�I�� i 522 b��rlfe SITE .Y Unsignalhed Iillers Octlon `G w1 o � Signalized Intersection LOS=&B)lBl �51 4� Load colt G�, ti\� Unsignalizecl ,r Intersection Denotes stop sign control q .: ® Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 3 for levels of service by "Lane Group" A Note: Funding for "Suggested Improvements" has yet to be indentified Figure S Phase 1: 2015 Background Lane Geometry and Levels of Service PHR1� A Tra is hnpact Analysis of Governors Hill Developmeit Project Number: 13415-1-3 August 14, 2008 Page I 1 0 • Table 3 Governors Ilill Development Levels of Service and Back of Queue (95%) Results Phase I - 2015 Backeround Traffic Conditions (with Assumed Improvements) • • lutersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 D 93.0 E 150.0 WBILT D 81.0 D 92.0 E 153.0 WB/R. A 25.0 A 32.0 A 52.0 WB LOS C C C NB/L A 25.0 C 25.0 D 25.0 NB/T Lane I B 144.0 B 210.0 C 171.0 NB/T Lane 2 NBfTR NB LOS B B C SB/L D 79.0 C 208.0 C 490.0 SB/r A 147.0 A 185.0 A 103.0 SB/TR SB LOS A B C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignalized EB/L A 25.0 B 25.0 A 25.0 EB/R NB/LT A 25.0 A 25.0 A 25.0 SBrFR - Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L B 25.0 C 114.0 B 75.0 EB/T Lane 1 C 215.0 B 191.0 B 177.0 EB/T Lane 2 BB/R A 25.0 A 25.0 A 25.0 CB LOS B C B WB/L A 25.0 A 25.0 A 26.0 WBrf B 85.0 B 102.0 I A J 98.0 WBfFR WB LOS A B A NB/LT D 59.0 D 182.0 D 120.0 NB/R. B 26.0 B 1 46.0 B 39.0 NB LOS C C C SB/LTR D 1 163.0 C 101.0 C 1 92.0 SB LOS D C C Overall LOS B B B PHP/� * 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 12 0 Table 3 (Continue(l) is Governors hill Development Levels of Service and Back of Queue (95%) Results Phnse 1 - 2015 Baekpround Traffic Conditions (with Assumed Improvements) • • Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak (lour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & inverlee Way/ Coverstone Drive Signalized EB/LT A 25.0 A 25.0 A 61.0 EBrr EB LOS A A A WB/T Lane 1 A 45.0 A 35.0 A 234.0 W13/7' Lane 2 WB/R A 25.0 A 25.0 A 32.0 WB LOS A A A SB/L.R C 1 71.0 C 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 EB/1 Lane 1 A 25.0 A 25.0 A 135,0 EB/L' Lane 2 EB LOS A A B WB/T Lane l B 120.0 D 312.0 C 205.0 WB/T Lane 2 WB/R. A 25.0 A 25.0 A 25.0 WB LOS B B B SB/LR C 229.0 C 1 107.0 C 1 223.0 SB LOS C C C Overall LOS B B B Route 50 & Victory Road Signalized EB/L A 25.0 A 25.0 A 25.0 EB/T Lane 1 A 57.0 A 40.0 A 28.0 EB/T Lane 2 MR. A 25.0 A 25.0 A i 25.0 EB LOS A A A VJB/L A 25.0 A 25.0 A 25.0 WB/T A 45.0 A 174.0 A 61.0 W B/TR WB LOS A A A NB/LTR D 1 76.0 D 120.0 D 1 67.0 NB LOS D D D SB/L.TR 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 ED = Eastbound, WB =Westbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right A Tra rc Impact Analysts of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 13 • is PHASE I - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 4 to summarize the trip generation for the proposed Phase 1 Governors Hill development. Table 4 Proposed Development: Governors Hill Development Phase 1- 2015 Trip Generation Summary Code Land Use Amount AM Peak Hour rn Total VNI Peak Hour In Out Total ADT SAT Peak Hour In Out Total ADT 220 Aparonent 128units ----Out 13 53 66 57 31 88 920 36 36 72 749 230 Townhouse/Condo 422units 49 164 213 176 too 275 2,753 129 115 247 2,787 820 Shopping Center 400,000 SP 251 161 412 720 780 1,500 17,176 1,034 954 1,988 19,988 Sub -Total 314 378 691 953 911 1,863 20,849 1,198 1,105 2,307 23,524 InternalTHpReductlon(mav5%15%)� 14 14 28 36 36 73 1,102 31 31 64 1,061 Retail Pass -by THP Reduction (max 25%) 50 5o 100 183 183 366 4,156 245 245 489 4,864 Total 'Now Tr1 s" 1 250 314 564 734 691 1425 15,591 922 829 1,754 17,599 • Per Chapter 527'r1A regulations by VDDT, 5%, 10%mid 15% Internal trip reductions arc applied to residential AM peak hour, PM peak hour and 24-hour trips, respectively. PHASE 1 - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Phase 1 shown in Figures 6 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 1 - 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 Traf Je Impact Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 14 • � 9 • 0 No Scale 5% 5% 300 6 45% v e, CoS�ollo Dj�i e G° ��qra �e��' Y SITE � a Sul w s, hurSptjpgs Rea sae ��6 �0 SITE Z l ay 50 tn 15% 10% aa' 4° 45% 25% Residential Retail Pr -rpd-A Figure 6 Phase 1: Trip Distribution Percentages A Trafc Impact sinalvsis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 15 • 0 • • -1- Weekday ADT Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hourj * Denotes Pass -by Trips Figure 7 Phase 1: Development -Generated Trip Assignments PH[Z1� i1 Tra f c linnact Anal sy is of Gover•tiors Ilill Develol)meizt Project Number: 13415-1-3 August 14, 2008 Page 16 CJ • • No Scale • jJf� QO SITE !�° Ohs OLOOI`1 ��° � ✓i �J� 10 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 8 Phase 1: 2015 Build -out Traffic Conditions A Tra a Impact Analysis of Governors Hill Development ProjectNumber: 4 r-hR+A Augustt l4,08 202017 Page 17 0 No Scale SEE "EXHIBIT A" FOR DETAILED DIAGRAM "Suggested Wei" ceflo'If"! Improvements" CJ so Lb S'--' h) signalization �§N Signalized BB. 1 Left, I ItIghl 111tetsection WB - 2 Left LOS=B(QJB NB - 4th Leg .. .... ...... i. Isntelip"IlIzed -section A LOS=B(B)IC] ICY, COsf 0 10/c / � 7 Unsignalized Intersection SITE Signalized Intersection 4,h 0 LOS=B(QJCl `0\91 94Sullhur8 fings :91 o' ROQ Id d SITE "s LOS! 13)[J31 Signalization Unstgnalized SO Intetsect(on 'Y r 64 V, Denotes 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 sex -vice by "Lane Group" -4-A Note: Funding for "Suggested Improvements" has yet to be indentified Figure 9 Phase 1: 2015 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 HR+A August 14, 2008 Page 18 U Table 5 Governors Hill Developrneut Levels of Service and Back of Queue (95%) Results ri,- i -7n1S m Bri-nni Trafrr Cnnd it inns (with Assumed Tivinrovenientsl Intersection Trafric Control Lane Group/ Appronch AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queuc LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 82.0 D 93.0 D 138.0 WI3/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/L A 25.0 C 25.0 D 25.0 NBfr Lane I B 145.0 B 232.0 C 234.0 NBfr Lane 2 NBfrR NB LOS B B C SD/L D 80.0 D 212.0 C 502.0 SBfr A 154.0 A 212.0 A 130.0 SBfrR SB LOS A B C Overall LOS B D C ti--,�deflui�k UnsiptalizedEB/R EB/L A 25.0 B 25.0 A 25.0 NB/LT A 25.0 A 25.0 A 25.0 SBfrR Route 50 & Prince Prederick Drive/Custer Avenue Si&rtalizcd EB/L A 25.0 D 151.0 C 90.0 DB/T Lane I C 265.0 C 354.0 C 377.0 EWI' Lane 2 EB/R A 25.0 A 25.o A 25.0 BB LOS B C C WB/L A 25.0 A 25.0 D 25.0 WB/P B 93.0 C 587.0 B 264.0 WB/ R WB LOS A C B NB/LT D 59.0 D 158.0 D 120.0 NB/R B 26.0 B 45.0 A 25.0 NB LOS C D C SD/LTR D 169.0 D 1 138.0 C 113.0 SB LOS D D C Overall LOS B C B Route 50 & lnverlcc 1Vay1 Covcrstone Drive Signalized EB/L B 25.0 D 40.0 D 25.0 EBfr LanoI A 296.0 B 117.0 B 167.0 BBfr Lane 2 EB/R A 69.0 A 25.0 A 126.0 LAB LOS A A B WB/LLane 1 C 46.0 C 197.0 C 192.0 W B/L Lone 2 WB/7Lane 1 A 70.0 B 459.0 A 92.0 W Bfr Lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS II I B B NB 1L D D 97.0 98.0 C C 198.0 198.0 D D 247.0 1 249.0 NB/LT NB/R A 25.0 A 131.0 A 124.0 NB LOS C B C SB/I,:: D 52.0 D 38.0 D 44.0 SB/rR A 25.0 A 25,0 A 25.0 SB LOS B B B Overall LOS B B B ASSnnlee L3 feet venicie Lengui BB - Eastbound, WB =Westbound, NB = Northbound, SB - Southbound L: Lell, T:Thre, R: Right A Traflc Impact Anal �s1 is of Governor's Hill Development 0 Project Number: 13415-1-3 PH J August 14, 2008 Page 19 0 0 • • Table 5 (Continued) Governors 11111 Development Levels of Service and Back of Queue (95%) Results Ph- 1 _ 7a1 S 72uRrl.nnt Truffle CnnrlItlnns AvIfit Assumed Irltnrovements) Intersection Traffic Control Lane Group/ AM Peak Hour P61 Peak Hour SAT Peak hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Sulphur Springs Road Signalized jApproach ED/L A 25.0 D 248.0 D 333.0 B/r Lane1 A62.0 A 72.0 A 70.0 B/r Lane 2 EB LOS A B B WBtT Lane I B 155.0 C 522.0 D 312.0 WB/r Lane 2 WB/R A 25.0 A 1 26.0 A 25.0 WB LOS B C C SB/LR D 225.0 C 173.0 D 450.0 S13 LOS D C D Overall LOS B C C Route 50 & Victory Road Signalized EB/L A 25.0 A 73.0 A 25.0 EB/r Lane 1 A 40.0 A 91.0 A 35.0 E13/r Lane 2 EB/R. A 25.0 A 25.0 A 25.0 EB LOS A A A WWL, A 25.0 A 25.0 A 25.0 WB/T A 55.0 A 242.0 A 101.0 WB/IR WB LOS A A A NB/LTR D 77.0 D 120.0 D 67.0 NB LOS D D D SB/LTR C 1 25.0 A 1 25.0 A 1 25.0 813 LOS C A A Overall LOS A A A Coverstane Drive & She- Driveway Signnlized EWL C 118.0 B 376.0 B 433.0 EB/T A 25.0 A 25.0 A 25.0 EB LOS C B B 1YD/TR A 25.0 A 25.0 A 25.0 WB LOS A A A SB/L B 43.0 D 224.0 B 156.0 SBlR A 25.0 A 192.0 A 243.0 SB LOS A B B Overall LOS A B B PhR-,-A A55uNuu<j luul ruNWU ♦.cngu, EB = Eastbound, WB -Westbound, NB - Northbound, SB = Soulhbound L: LoA, T:Tlnru, R: Right J Traafc linpactAnalysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 20 0 �J • PHASE 2 (YEAR 2025) TRAFFIC CONDITIONS 0 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 7"t Edition of ITE's Trip 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 Subdivision 210 Single -Family Detached I t5 units 22 67 90 78 44 122 1,150 61 52 113 1,200 Total 22 67 90 78 44 122 1150 61 52 113 I200 • ul me mD unns proposea ror me rc -, uumn aer F........ •.... o.-.,.....y.,,.... �zn A Traffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 21 • • Figures 10a through 10e show the Phase 2 2025 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 for Scenarios 1, 2 and 3, respectively. Figures 11a through 11c show the respective weekday AM/PM peak hour and Saturday mid -day peak hour levels of service at the study area intersections. Tables 7a through 7c are provided to show the Phase 2 2025 background weekday AM/PM and Saturday mid- day peak hour levels of service and 95"' percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNCHRO level of service worksheets are included in the Appendix section of this report. • A Traffic Impact Analysis of Governors Hill Development 0PA Project 13415-1-3 T j August 14, 2008 l�j�. Page 22 0 �J C7 • No Scale x w THY TR+/ Weekday AUT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] — n Figure 10a "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Traffic Conditions PHR+A A Tralrc Impact Analysis of Governors Hill Development Project Number; 13415-I-3 August 14, 2008 Page 23 • 0 • No Scale b r�j2�3)JI2.99, J1J��)S �ose�Il7p1 �1 n �M�01 �bMM�M� a h T y�30 Jip j J��3�83� �S6r IZ �vo 0 ,.. %Iq6 �v I619�-(I80p ��1�i �CJN1(0 -1, (Iq)6q�� �� Z, 9 `'SITE TAT TR+/ �rke 1 SITE so S�✓��` Weekday ADT AM Peak Hour(PM Peak Hour)ISAT Peak Hour] II Figure 10b "VD4T/County Requested" Scenario #2 - Phase 2 2025 Background Traffic Conditions A Trajic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 24 • • • No Scale Pr TP+n V, NIM ,I WeeluNy ADT AM Peak Hour(PM Peak I-Iour)[SAT Peak Hour] _l1_ Figure 10c "VDOT/County Requested" Scenario #3 - Phase 2 2025 Background Traffic Conditions PR+AH A Tra-(rc Impact Analysrs of Governors Hill Development Project Number: 13415-1-3 August 14, 2003 Page 25 E • E No Scale Signalized Intersection LOS=B(B)[C) L t s C' i 0SC0Q ' Unslgnalized U Uusignallzetl Intersection 1 o � pbrtye Intersection oc �S , Signalized .dr p.l� �+i, ill�oo�A Intersectlini LOS--B(B)[CJ �G\ SITE G`-` 211 2;P4 J�a�+1 SITE N v ?:Slg�iallze�: "Suggested ...�' :Iiitoisectloit', Improvements" T OS=A(A)[A Sign alizatlon "Suggested Improvements" Signnllzation ,w GO,�ti L Unsignallzed d'r Litersection R ��l Denotes stop sign control Denotes 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: Funding for "Suggested Improvements" has yet to be indentified Figure 11a "Proposed Scenario" Scenario #1 - Phase 2 2025 BackLyround Lane Geometry and LOS PHR1� A Trafflc Impact Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 26 • No Scale Signalized Interseelien LOS=B(B)1CJ r0��'►c 3� COsre e q, V� A TR+/ G Unsignalized \ Intersection S SITE Unsignalized Signaltzed Intersection LOS=B(B)1C1 f� —'ec, �,+ �� SITE iuej''. Suggested clloit. improvements" ;A)[A Signallzatlon 40 L� Unsignaltzed Interseetion J 50 o .Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical 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 ILnprovements" has yet to be indentified — I I Figure Ilb ITDOT/County Requested" Scenario #2 Phase 2 2025 Background Lane Geometry and LOS PHR+A A Trairto Impact analysis of Governors Hill Development Project Number: 13415-1-3 Atigust 14, 2008 Page 27 0 0 • • No Scale F ■ �� SD i✓G Signalized ��- Lttcrseclion `G LOS=B(C)IBV / Unsignalized Interseetio 4 k, "Suggested Improvements" Signalizatlon Signalized Julctseclion LOS=B(B)[C] t � /cj,rcjc C(C'j"C! y sf Unsignalized 1 �i e�0 bake Intersection�Se Signalized Intersection G� SITE dfb e G to `%J °�5 &Snl hurS�rin sRoad :i J SITE f'� ��b I p. G ..rr ',;$Igiiallcd::: "Suggested :Ititeisecfloii Improvements" Unsignalized h05.=A(A)jA slgnalizntimt Intersection �°��� 50 50 rr/ .: .. ;.......: ODenotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 7e for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" has yet to be indentified Ile "VDOT/County Requested" Scenario # 3 - Phase 2 2025 Background Lane Geometry and LOS A Tra,(Tc Impact Analysis ofGovernom Hill Development Project Number: 13415-1-3 August 14, 2008 Page 28 • 0 Table 7a Governors Hill Development Levels of Service and Back of Queue (95%) Results It t - Ph- I IMA1LnnLm•nnnrI T-Vl C-ditinnc Auilb A- -11.111 venle.11) Intersection 'l7affle Control Lane Group/ Approach Ahl Peak )lour P51 Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back Of Queue Route 522& Costello Drive Signalized EB/LT c 25.0 O 25.0 D 25.0 DWI C 25.0 A 25.0 c 25.0 Ell Los C C C WB/L c 67.0 C 87.0 D 143.0 1VBILT C 67.0 C 86.0 D 146.0 WB/R B 25.0 D 50.0 B I18.0 NVB LOS C C C ND/L A 25.0 C 25.0 NBII• Lone 1 D 159.0 �fm C 315.0 ND/I' lane 2 NDITR NB LOS D C C SDlL c 66.0 C 193.0 C 355.0 SBIr A 166.0 A 213.0 A 117.0 SDrrR SD LOS A D C Overall LOS B D C Prince Frederick Drive & Coslctlo Drive Unsignalized BB/L A 23.0 B 25.0 A 25.0 EM - - NB/LT A 25.0 A 25.0 A 25.0 SBITR Roulo50& Prince Frederick DiNctCustet Avenue Signalized R13B. A 25.0 B 87.0 A 46.0 EB/T Lane I A 131.0 A 121.0 A 120.0 BBfT Lane2 MR I A 25.0 A 1 2$.0 A 25.0 ED LOS A A A WBlL A 31.0 B 59.0 C 72.0 WD!]' A Bd,O C 385.0 C 288.0 \VDITR \VB LOS A C C NBILT C 48.0 C 124.0 C 80.0 NB/R B 25.0 A 38.0 A 32.0 ND LOS C c C SBlLTA C 157.0 13 90.0 D 77.0 SD LOS c B B Overall LOS B C B Route 5 0 & lnvttico Way Signalized BB/LT B 255.0 A 87.0 A 78.0 HIT ED LOS B A A WBff Lane 1 A 191.0 A 411.0 A 108.0 NYBIT Lane WD/R A 1 25.0 A 1 25.0 A 1 25.0 \VB LOS A A A SB/LR C 74.0 C 52.0 C 1 60.0 SD LOS C C C Overall LOS D A A Route so Sulphur Springs Road Signalized ED/L A 25.0 C 192.0 D 234.0 BD/f Lane I A 53.0 A 65.0 A 55.0 BRIT Lane 2 ED LOS A B B WDIr Lane c 151.0 c 374.0 C 364.0 WBITLane 2[;; NYBlR A 29.0 A 1 60.0 B 55.0 NVB LOS D C C SMR. C 1 269.0 C 154.0 C 1 296.0 SB LOS C C C Overall LOS B B c Route 50& Victory Road Signalized 131M A 1 25.0 A 53.0 A 25.0 RRIr Lane 1 A 56.0 A 121.D A 38.0 BBIr Lane 2 EB/R A 25.0 A 1 25.0 A 23.0 EB Los A A A NVD/L A 25.0 A 25.0 A 25.0 NYBfr A 50.0 A 200.0 A 68.0 NVBfrR VVB LOS A A A NB/LTR D 76.0 D 119.0 D 1 67.0 LOS D D D LND SD/LTR C 25.0 A 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A Assumed zo tect Ve(fiete t.engut ED = Bastbound, W B-Wenbound, NB = Northbound, SR - Soulhbour d L: Len, T:Thm, It: Right A Traffic Impact Anal)rsis oJ'Crolrernors Hill Delrelopl7le/7l Project Number: t 4, 2008 h." August 14, 2008 Page 29 • u L71 • Tnble 7b Governors 11111 Development Levels of Service and Back of Queue (95%) Results e..,.,.....e. re, _ nu.. q onoc nont--ro d't`-M- f nnrlirinnc IM111 Assumed Intnrovernents) Intersection Traffic Control Lane Group/ Approach AM Peak Ifour PI11 Peak [lour SAT Peek Hour Los IIack of Queue, LOS Back of Queue, LOS Back of Queue Route S12& Costello Drive Signalized ED/LT C 25,0 C 25.0 C 25.0 BBIR C 2S.0 A 25.0 C 25.0 EB LOS C C C \YB/L C 75.0 C 87.0 D 108.0 WB/LT C 75.0 C 86.0 D 111.0 11'E3IR D 25.0 B 50.0 A 37.0 \VB LOS C C B NBA, A 25.11 C 25.0 C 25.0 NDrr Lone 1 B 156.0 C 276.D C 202.0 NW Lane ND/rR NB LOS B C C SBA. C 74.0 c 193.0 i C 50R0 S➢Ir A 163.0 A 215.0 A 125.0 sB/rR SD LOS A B c Overall LOS u B c Prince Prede rick Drive, & Costello (hive Unsignalized BD/L A 25.0 B 25.0 25.0 ED/R ND/LT A 25.0 - A - 25.025.0 SBl1'Ram RA Route 50& Prince Frederick Drive/Cttsler Avenue Signalized A 25.0 C 124.0 85.0 ➢➢/T Lane 1 D108.0 A 112.0 92.0 DBrF Lane2 1313111 A 1 25.0 A 1 25.0 A 25.0 EB LOS B B B W13/1, ➢ 36.0 B 58.0 B 36.0 WBIT B 82.0 C 385.0 B 113.0 WBIfR \VB LOS B c B NB/LT D 1 26.0 C 126.0 B 54.0 NB/R A 25.0 A 36.0 A 25.0 NB LOS A C B SD/LTR B 104.0 C 1 120.0 B 84.0 SB LOS B C B Overall LOS B C B Route 50 & Inverhe Way Unsignalized BBIr Lane I - EB/r Lane 2 WB/f Lane I \YD/r Lane 2 \VD/R SWR Route 50& Sulphur Springs Road Slgnnllzcd EB/L B 47.0 C 192.0 C 291.0 BB/r Lane, I B 148.0 A 65.0 D 87.0 DB/r Lane, 2 ED LOS B B B WB/r Lancl B 840 C }74.0 C 222.0 \VB/r Lane, 2 WD/R A 1 25.0 A 1 60.0 A 39.0 WB LOS D C C ' SB/LR B 17J.0 C 154.0 C 1 329.0 SB LOS B C C Overall LOS D D C Route 50& Victory Road Signalized BB/L A 25.0 A 46.0 A 25.0 ➢D/r Lane 1 A 105.0 A 88.0 A 66,0 EDIT Lane 2 BB/R A 25.0 A 25.0 A 25.0 EB LOS A A A \VB/L A 25.0 A 25.0 A 25.0 MIT A 50.0 A 200.0 A 68.0 \VB/rR 1VB LOS A A A NB/LTR D 1 77.0 D 1 119.0 D 1 61.0 ND LOS D D D SB/LTR C 1 25.0 A 1 25.0 A 1 25.0 ESP L0S C A A Overall LOS A A A PH" � ac veer vea,- -F. DID = Eastbound, \VD -Westbound, NB - Northbound SB - Soulhbound L: Left, T:Thn4 R: Right A Tra is Impact Analysis of Governors Hill Developnient Project Number; 13415-1-3 August 14, 2008 Page 30 • PHASE 2 - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Tr Generation Report, PHR+A has prepared Table 8 to summarize the trip generation for the proposed Phase 2 Governors Hill development. Table 8 Proposed Development: Governors HIII Development Phase 2 - 2025 Trip Generation Summary Code Land Use Amount ANT Pealt Dour In Out Total PM Peak Hour In Out Total ADT SAT Peak Hour In Out Total AD'r 220 Apartment 128 units 13 53 66 57 31 88 920 36 36 72 749 230 ToNvnhouseyCondo 422 wills 49 164 213 176 100 275 2,753 128 115 247 2,787 710 Otlice 385,000 SP 485 66 551 87 423 510 3,767 59 51 110 842 820 shopping Center 900,000 SF 565 362 927 1,620 1,755 3,375 38,646 2,326 2,147 4,473 44,973 Sub -Total 1,113 645 1,758 1,940 2,309 4,248 46,085 2,549 2,349 4,902 49,351 Internal Trip Reduction (max 5%75%)• 28 28 56 55 55 109 1,478 37 37 75 1,145 RclaliPass-by TripReduction (mav25%) 114 114 228 417 417 835 9,524 555 555 1.110 11,111 Total 'New Trips" 1 971 503 1,474 1,468 1837 3,304 35,083 1957 1756 3,717 37,095 *Per Chapter 527 TIA regulations by VDOT, 5%, 10% and M internal trip reductions are applied to residentint AM peak hour, PM peak hour and 24•hour trips, respcclively. 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 13c show the corresponding development -generated weekday AM/PM peak hour hips and ADT as well as Saturday mid -day peak hour trips and ADT. 10 2025 BUILD -OUT CONDITIONS The Governors Hill assigned trips (Figures 13a-13c) were added to the Phase 2 2025 background traffic volumes (Figures 10a-10c) to obtain Phase 2 2025 build -out conditions. Figures 14a through 14e show the Phase 2 2025 build -out weekday ADT and AM/PM peak hour traffic volumes as well as Saturday ADT and midday 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 9a through 9e to show the Phase 2 2025 build -out levels of service and 95t1i percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNCHRO level of service worksheets are included in the Appendix section of this report. PHR-A A Tra 1c IVIact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 32 0 0 L71 • Table 7c Governors Hill Development Levels ofService anti Back of Queue (95%) Results Soon nrin III - Ph, e 2 2025 narkmound Traffic Can till inns fivilh Assuuted Inmrovemen Is) Inlersecllon Traffic Control Lane Groupf Approach Ah1 Peak Flour Phl Peak Hour SAT Peak Hour LOS ➢auk of Queue i OS Backof Queue LOS Back of Queue Rouse 522& Co51cli0 Drive Signalbod EMT C 25.0 C 25.0 D 25.0 EB/R C-1 25.0 A 25.0 C 25.0 EB LOS C C C 1VB/L C 67.0 C 87.0 D 1.13.0 WB/LT C 67.0 C 86.0 D 146.0 WD/R D 23.0 B 5D.0 D 118.0 WBLOS C C C ND/L A 25.0 C 25.o C 25.0 NDrr Lane 1 D 159.0 C I 276.D C 315.0 NB/T Lone 2 NBfTR ND LOS D C C SB/L C 66.0 C 193.0 C 355.0 SBIT A 166.0 A 215.0 A 117.0 SDnR SB LOS A B C Overall LOS B 0 C Ptince Frcdedck Ddve &Costello Drive Um(psaliztxf EB/L A 25.0 B 25.0 A 25.0 BB/R - - - - - NB/LT A 25.0 A 25.0 A 25.0 SDrfR Route 50 & Place Frodcrick DrivdOisler Aveaae Signalit d EB/L A 25.0 B 87.0 A 46.0 EB/r Lanc 1 A 131.0 A 171.0 A 120.0 EB/1- Lane 2 13M A 25.0 A 25.0 A 1 25.0 EB LOS A A A WB/L A 31.0 B 59.0 C 72.D 14Bm A eq.o C 385.0 C 288.0 WB/TR WB LOS A C C NB/LT C 48.0 C 124.0 C 80.0 NWR B 25.0 A 38.0 A 32.0 NB LOS C C C SDA,TR C 157.0 B 90.0 B 77.0 SB LOS C B B Overall LOS B C B Route 50 & Invella Way Sl&r, lizcd EMT B 255.D A 97.0 A 76.0 EBr EB LOS B A A WBfr Line A 191.0 A 411.0 A ID8.0 WB/T LanC 2 WWR A 1 25.0 A 25.0 A 1 25.0 WD LOS A A A SB/LR C 1 74.0 C 52.0 C 1 60.0 SB LOS C C C Overall LOS D A A Route 50& Sulphur Springs Road Signalized EB/L A 25.0 C 192.D B 214.0 EBIT lane I A 53.0 A 65.0 A 55.0 EBrf Lane EB LOS A B B WB/r Lanes WBIr L.C2 C 151.0 C 374.0 C 36.1.0 NY B/R A 1 29.0 A 60.0 D 35.0 WB LOS D C C SB/LR C T269.0 C 1 154.0 C 1 296.0 SB LOS C C C Overall Los B B C Route So& Victory Road Sign-liicd EBIL A 25.0 A 53.0 A 25.0 EDIT Lane I A 58.0 A 121.0 A 38.0 BBfr Lane2 8D/R A 25.0 A 1 25.0 A 25.0 SB LOS A A A WO/1, A 25.0 A 25.0 A 25.0 WWT A SD.O A 200.0 A 68.0 WB/TR. WD LOS A A A NB/LTR D 76.0 D 119.0 D G7.0 NB LOS D D D SBILTR C 25.0 A 25.0 A 25.0 SD LOS C A A Overall LOS A A A Assumed 25 Ices Vehicle 1-09111 8B - Eastbound, WD =Westbound, ND - Northbound, SB n Soulhbound L: Ull, T:Tluu, R; Right 0A Traffic Impact Analysis of Governors Hill Development PH � /� Project Nu Augumber: t 415-1-3 ,20081�1 L August 14, e 31 Page 31 E 0 1 -M tl i Figure 12a "Proposed Scenario" Scenario #2 - Phase 2 Trip Distribution Percentages A TraT rc Impact Analysis of Governors Hill Developmew Project Number: 13415-1-3 August 14, 2008 Page 33 • • No Scale I Residential Retail Figure 12b "VDOT/County Requested" Scenario #2 - Phase 2 Trip Distribution Percentages A Traffic Impact Anal s] is of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 34 • LI • No Scale 1-T TR+/ Residential Retail — 1 1 Figure 12c "VDOT/County Requested" Scenario #3 - Phase 2 Trip Distribution Percentages A TraQrc Impact Areal sis of Governors Hill Developmreni Project Number: 13415-1-3 August 14, 2008 Page 35 4P t • 0 mmmV.11111 WI Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] * Denotes Pass -by Trips Figure 13a "Proposed Scenario" Scenario #1 -Phase 2 Development -Generated Trip Assignments . A Tra e Impact Analysis of Governors Hill Development PAProject Project Number: Y T August 14, 2008 Il—"11 Page 36 0 . • • M V1 C No Scale o 4-- )[91 Driveway #1J 16911(556)120---*" Driveway #1 i 132](26)5� 111 h M � 146661 207 OZ Driveway #2 1122](100)20�� [32](26)5rmm% N 'r SITE Drivewa #2 i 5389 207 �' °�• SITE COVerstone Dr ry32� DeJ`ay3 13902 �IHe b1�ry�i ��'.fl 5`���'s1``b1 ,ae�►9�dxyJ l ja o o e cb t� ALS�lgB �/i► f '� k Weekday 1 Saturday ADT /� AM Peak Hour(PM Peak Hour)[SAT Peak Hour] hT -TR+/ \ * Denotes Pass -by Trips Figure 13a-•1 "Proposed Scenario" Scenario #1 - Phase 2 Development -Generated Trip Assignments 0A Tra is Impact .4naJ sy is ofGovernors Hill Developmen R+A Projectber: t 415-1-3 , 2008 PH August 14, e 37 Page 37 6 .7 No Scale A w H i1991(222�45 � �� 4 l �Ijp3I(,9�3 )4� � 13 M� �I 1` b� b SITE SITE I J Road 10 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] * Denotes Pass -by Trips Figure 13b "VDOT/County Requested" Scenario #2 - Phase 2 Development -Generated Tri /I 7}•a c bnpact Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 38 0 0 No Scale 1 3ro� �� p "Oil S(92J1��I l9 l (o89e11 31I(4 p���► ,�~`Z3� 6,A6�� /) 20 ti f P 522 24G7s o1�b 5n �`rS lyl3�9I(3p 0 dos 8pI(3zS6)9,IOS 2`��� �j9?1z83ro� 1!0 I 1 e rfyo 4� ate' 3858 a�; 00, A• c 0 SITE w Sul hJJ, rrng8 Road SITE so 5268 Z 0 6Q, Saturday ADT /� AM Peak Hour(PM Peak Hour)[SAT Peak Hour] PT TPA"/ \ * Denotes Pass -by Trips 1 1 Figure 13c "VDOT/County Requested" Scenario #3 - Phase 2 Development -Generated 7 PHRl� Assignments A Traffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 39 • • • two 1 � No Scale f?j(f 1. (�684�(7I(3g)I6(63) la�(��I,�� ���► �o �sJlas1J Sgl(34S)208 !* 522 h11 L3 o40 aa 5�A, 252�4 �i8 <8 l�8)31 �6391 p),ll Cos/ (Sp8J3,1 3� � �" -118(3j�3�l989) 1�66 , of/o Ijrl ve ��,�� oo � 20748 A. Sul hurSp"71jgs Road 522 nq In. g'ure'Ida=7 TTE SU 17248 3I(2 ✓oo rn ��U�t� A��`1o�a�11��� (•r JJ��os�✓ Saturday ADT LY -r-R+A AM Peak Hour(PM Peal(Hour)[SAT Peak Hour] Figure 14a "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Traffic Conditions PHFt1� A D-a�ac Impact Analysis Hill Developmenthmract Anal s�ofGoyernors Hill Development Project Number: 13415-1•-3 August 14, 2008 Page 40 • • 0 J Weekday ADT Saturday ADT _PT TP+A AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 14a-1 "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Traffic Conditions PH R+A A Traffic Impact Anal sy is o[Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 41 9 0 Ll • �l -t- Wccicclay A a Saturdiy •D AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 14b "'VDOT/County Requested" PH� Scenario #2 - Phase 2 2 A Traffic Impact Analysis of Governors Hill Developmen Project Number: 13415-1-3 August 14, 2008 Page 42 0 • • 0 • No Scale N AO Mp •S I /(39�1 � ��I6(63J (?j�)I�� ���+►8(,?3s%/3SZ 3/(PI2��Gj3�`� ~!23 b o r S / o M 522 N r1``M� so 37 °� ��a~ aL Q' / Ic��, a%� t✓✓�a o�lc� 50 �54 fly�69 ti 5 38 0 lf��v �J " O"V 54�s �SI(I� o rs�jS /sp9/S(3 �)G¢4I3S�'3Q3/ Z�G Cos/off% Drly f� SITE W' G Sul llursp�lrgs Road so SITE ' >�z4s 06, o gar `pp ✓ J'r �p�qJ�f 000 � `1 aid'• Saturday ADT AM Peal(Hour(PM Peal, Hour)[SAT Peak Hour] PT TP + ure 14c "VDOT/County requested" Scenario #3 - Phase 2 2025 Build -out Traffic Conditions PHRn A D-a is Impact Analysis of Governors Hill Development Project Numbcr: 13415-1-3 August 14, 2008 Page 43 0 .7 • • SEE "EXHIBIT B" FOR No Scale DETAILED DIAGRAM q6 Oo / CI��C`e"�����(e2(� 44 9 50 1 Signalized Intersection LOS=C(r)[D "Suggested °[9ii(ersretlo:u`;, Dnprovemenis" LOS=B(D)IGJ �Re-stripe' .t.:«::.::�;::...:'�: Q` '' '`'-'' Signalized lntersection LOS=B(C)I1)1 ems` C Cosy 3��Oo%1 Unsignalized y Dt(ye Intersection � �� �rl► �/r/fFj�,�A � -p-t— t SB - I Right Intersection. Impravemcnts" �� unstgnalized LOS=A(A)lAll Signalizatlon a vN4 Intersection l� * 41 50 �r� = Denotes stop si n control p g ® Denotes traffic signal control ' * 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 11 Figure 1.5a "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Lane Geometry and LOS PIiR'n A Rafc fiupact Analysis of Governors Hill Developnterit Project Number, 13415-1-3 August 14, 2008 Page 44 0 • • No Scale SITE SITE Utislgiiallzed,;: "Nero [ntersectlon .;. Intersection" F: 0 Denotes stop sign control ® Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) [SAT Peak Hour] Note: See Table 9a for levels of service by "Lane Group" d_n Note: Funding for "Suggested Improvements" have yet to be indentified Figure 15a-1 "Proposed Scenario" Scenario #1 - Please 2 2025 Build -out Lane Geometry and LOS • d Traffic Impact Analysts of Governors Hill Development PH �� Pt•oject Number13h15-1-3 August 14, Pagee 45 45 C� 1] • No Scale Signalized intersection G� LOS=R(C)[pl s�elio Unsignalizcci Dn'�a intersection RPA G Signalized Intersection Unsignalized LOS=C(M[F intersection SITE SITE a Road Unsignalized [ntersection u` Sn lenotes 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 indentified gure 15b 'TDOT/County Requested" Scenario #2 - Phase 2 2025 Build -out Lane Geometry and LOS PhR1� A Trg& I» react Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 46 • • 0 0 Signalized Intersection LOS=NQJD] C'O �rcJ�b� r stPllo Unsignaiized II brlyc Intersection 4- <111A A, 4011�,�S4 Signalized 5 � Lltelsectton LOS—C(F)IGI, ae'' 5 G° �S aei SITE r4" SITE Slgnellied:. "Suggested iritefsectCon Improvements" LOS=A,(A)]A] Slgnallzat[on Woad k Unsignallzcd Intelsection zn '� oa ' ;':• ".:. ��, � 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 igure 15c "VDOT/County requested" Scenario #3 - Phase 2 2025 Build -out Lane Geometry and LOS ATrafficIntactArial��slso�overr:oNHill r:134 5-1-3 R+A Project Number; 13415-i-3HAugust 14, e 09 P47 Page 47 0 0 9 0 • Table 91 Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario #1 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvennents) Intersectlon Traffic Control Lane Group/ Approach A114 Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 3B.0 A 112.0 WB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NB/T Lane 1 B 196.0 C 327.0 D 309.0 NB/T Lane 2 NB/TR NB LOS B C D SB/L C 120.0 D 308.0 D 712.0 SB/T A 174.0 B 223.0 A 131.0 SUM SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized EB/L D 65.0 E I60.0 E 141.0 EB/R B 61.0 B 77.0 B 102.0 EB LOS B C C NB/L A 25.0 A 129.0 C 157.0 NB/T A 41.0 A 708.0 A 309.0 NB LOS A A B sB/T A 191.0 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 99.0 EB/T Lane 1 C 297.0 C 376.0 C 385.0 BB/T Lane 2 EB/R A 37.0 A 25.0 A 87.0 EB LOS B C C WB/L B 49.0 B 71.0 C 106.0 WB/r B 104.0 D 793.0 C 468.0 WB/1'R WB LOS B D C NB/L Lane I D 71.0 E 447.0 D 289.0 NB/L Lane 2 NB/TR B 87.0 C 322.0 B 166.0 NB LOS C D C SB/L'I'R D 184.0 D -7T7145.0 D 161.0 SB LOS D D D Overall LOS B D C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lefl, T:Thru, R: Right A Traffic In nacl Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 48 0 i 10 0 r� Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario 41 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersectlon Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour L05 Back of Queue LOS Back of Queue LOS Back of Queue Route 50 E Inverlee Way/ Coverstane Drive Signalized EB/L D 25.0 E 45.0 E 32.0 EB/r Lane I B 209.0 C 479.0 D 423.0 EB/r Lane 2 EB/R A 25.0 A 31.0 A 54.0 EB LOS A C C WB/L Lane D 185.0 D 341.0 D 520.0 WB/L Lane 2 WB/T Lane A 105.0 B 276.0 B 119.0 WB/T Lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS B C C NB/L D D 103.0 103.0 D D 223.0 223.0 E E 349.0 349.0 NB/LT 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 1 25.0 SB LOS B C C Overall LOS B C C Sulphur Sprin Route 50 ngs Road Signalized EB/L A 25.0 D 527.0 C 234.0 EB/r Lane 1 A 31.0 A 68.0 A 65.0 EBfr Lane 2 EB LOS A B B WB/T Lane 1 B 236.0 D 860.0 D 604.0 WB/T Lane 2 WB/R A 1 25.0 A 52.0 A 39.0 WB LOS B C D SB/L D I85.0 P 1 147.0 E 1 188.0 SB/R B 140.0 D 1 360.0 C 1 637.0 SB LOS C D D Overall LOS B C C Route 50 6c Victory Road Signalized EB/L A 25.0 B 28.0 A 25.0 EB/T Lane 1 A 91.0 A 76.0 A 71.0 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 WB/T A 87.0 B 381.0 A 172.0 WB/TR WB LOS A B A NB/LTR D 1 77.0 D 162.0 D 1 87.0 NB LOS D b D SB/LTR C 25.0 A 25.0 A 25.0 SB LOS C A A Overall LOS I A A A PH"A-' ' Assumed 25 feet Vc11101e Length EB = Eastbound, WB=Weslboimd, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Tr•a(Tc Impact Analysts oTGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 49 • • • Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario III - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peale Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Coverstone Drive & Driveway 1 Signalized EB/L A 77.0 C 438.0 C 573.0 EBITR A 25.0 A 25.0 A 25.0 EB LOS A C C WB/LTR A 1 25.0 A 1 25.0 A 1 25.0 WB LOS A A A NB/L C 25.0 C 33.0 D 63.0 NB/T C 85.0 C 335.0 C 274.0 NB/TR NB LOS C C C SB/L A 25.0 B 25.0 B 25.0 SB/T Lane 1 B 204.0 B 321.0 C 378.0 SBPr Lane, 2 SB/R A 25.0 A 25.0 A 89.0 SB LOS B A B Overall LOS B II C Coverstone Drive & Driveway 2 Unsignalized EB/L B 25.0 D 44.0 D 59.0 EBITR - - - WB/LTR A 25.0 B 25.0 B 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/T - - NB/TR SB/L A 25.0 A 25.0 A 25.0 SB/T Lane 1 SB/T Lane 2 SB/R - - Coverstone Drive & Driveway 3 Unsignalized WB/LR B 25.0 C 49.0 B 25.0 NBIT NB/TR SB/L A 25.0 A 25.0 A 25.0 SBIT Lane I SB/T Lane 2 Coverstone Drive & Tazwell Drive Signalized EB/L A 30.0 C 88.0 B 235.0 EB/T Lane I B 31.0 B 25.0 B 25.0 EB/T Lane 2 EB/R A 48.0 A 25.0 A 25.0 EB LOS A B B WB/L A 25.0 C 128.0 D 99.0 WB/TLane I A 25.0 C 58.0 B 36.0 WB/T Lane 2 WB/R A 25.0 A 124.0 A 25.0 WB LOS A C B NB/L C 70.0 D Z00.0 C 58.0 NBITR 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 1 25.0 A 25.0 A 25.0 SB LOS B B C Overall LOS A B B PH" n • Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lett, T:Thru, R: Right /I Tra /c Impact Analysis ofGovernors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 50 0 • Is Table 9b Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario 02 - Phase 2 2025 Build -out Traffic Conditions (With Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak hour SAT Peak Hour LOS Back of Queue LOS Baek of Queue LOS Ruck of Queue Route 522 & Costello Drive Signalized EB/LT C 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 D 25.0 EB LOS C C D 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 NB/r Lane I B 196.0 C 327.0 D 346.0 NB/T Lane 2 NB/TR NB LOS B C D SB/L C 120.0 D 308.0 D 790.0 SB/T A 174.0 B 223.0 A 135.0 SB/TR 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 1 167.0 EB/R B 1 85.0 C 1 179.0 C 1 299.0 EB LOS B D D NB/L A 25.0 C 161.0 D 214,0 NB/T A 1 25.0 C 1246.0 C 1056.0 NB LOS A C C SB/T Lane I A 135.0 B 247.0 B 260.0 SB/r Lane 2 SB/R A 25.0 A 25.0 A 25.0 SB LOS A B B Overall LOS A C C Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L B 32.0 F 276.0 E 150.0 EB/r Lane I C 243.0 C 211.0 D 173.0 EB/r Lane 2 EB/R Lane I A 25.0 A 25.0 A 39.0 EB/R Lane 2 EB LOS B C B V✓B/L C 78.0 C 52.0 D 277.0 WB/r B 189.0 E 542.0 C 351.0 WB/TR WB LOS B D C NB/L Lane I D 94.0 E 475.0 D 370.0 NB/L Lane 2 NB/TR B 1 102.0 B 127.0 B 1 106.0 NB LOS C D C SB/LTR D 1 207.0 D 1 160.0 D 1 161.0 SB LOS D D D Overall LOS C iD C PHIZI� { Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lett, T:Thru, R: Right A Traffic Lnpact Mal �sl is ofGovernors Hill Development Project Number: 13415-1-3 August 14, 2005 Page 51 0 • • Table 9b (continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario 112 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Inverlee Way Unsignalized EB/T Lane I EBfr Lane 2 WB/T Lane 1 WB/T Lane 2 WB/R SB/R - Route 50 & Coverstone Drive/Sulphur Springs Road Signalized EB/L Lane 1 C 37.0 P 162.0 D 172.0 EB/L Lane 2 EBir Lane 1 B 104.0 C 326.0 D 261.0 EBrr Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS B D D WB/L Lane I D 110.0 D 256.0 E 281.0 WB/L Lane 2 WB/T Lane 1 B 131.0 D 562.0 D 179.0 WB/T Lane 2 WD/R A 25.0 B 176.0 A 41.0 WB LOS C D D NB/L C 51.0 C 205.0 C 270 NBtrR A 25.0 D 584.0 C 337.0 NB LOS B D C SB/L D 187.0 p 146.0 r 207.0 SB[T C 106.0 C 174.0 C 203.0 SD/R A 37.0 A 44.0 A 56.0 SD LOS C D C Overall LOS C D C Route 50& Victory Road Signalized EB/L A 25.0 B 27.0 A 25.0 EB/r Lane I A 25.0 A 140.0 A 25.0 EBff Lane 2 ED/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 87.0 A 366.0 A 165.0 WD/fR WB LOS A A A NB/LTR D 1 77.0 D F 142.0 D 1 73.0 NB LOS D D D SB/LTR J C 1 25.0 A 1 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A PHR� * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R; Right A Tra(tc Impact Analysis of Governors Hill Developnlerlt Project Number: 13415-1-3 August 14, 2008 Page 52 0 10 0 Table 9c Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario 113 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group! Approach AM Peal(Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of 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 109.0 D 205.0 E 280.0 WB/LT D 1.09.0 D 209.0 E 282.0 WB/R A 25.0 A 37.0 A 112.0 WB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NB/T Lane I B 195.0 C 338.0 D 309.0 NB/T Lane 2 NB/TR NB LOS B C D SB/L D 116.0 D 297.0 D 712.0 SB/T A 166.0 B 223.0 A 131.0 SB/R SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized EB/L E 80.0 E 143.0 E 127.0 EB/R A 56.0 A 50.0 B 142.0 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 SBffR A 1 235.0 B 390.0 B 1 630.0 SB LOS A B B Overall LOS A B B Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L B 28.0 F 198.0 D 125.0 EB/T Lane 1 D 444.0 C 412.0 D 498.0 EB/T Lane 2 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 729.0 C 406.0 \vB/TR WB LOS II D C NB/L Lane 1 D 57.0 E 363.0 D 274.0 NB/L Lane 2 NB/TR C 62.0 C 1 166.0 A 36.0 NB LOS C D C SB/LTR D 1 2040. D 1 146.0 D 150.0 SB LOS D D D Overall LOS C D C 0 PH"A+ * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lell, T:Thru, R: Right A Traffic Impact Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 53 • 0 9 r: 0 'Fable 9c (continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Scenario #3 - Phase 2 2025 Build-out'Praffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour Pn4 Peak [-lour SAT Peak Haul, LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Inved way/ Coversrstonc Drive Signalized EB/L A 25.0 B 25.0 B 25.0 EB/T Lane 1 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 1 A 242.0 B 148.0 A 121.0 WB/TLane 2 WWII A 25.0 A 25.0 A 25.0 WB LOS B C C NB/L D 100.0 D 272.0 E 396.0 NB/LT D 100.0 D 273.0 E 396.0 NB/R B 46.0 A 86.0 A 93.0 NB LOS D C D SB/LTR C 1 84.0 D 1 63.0 C 1 69.0 SB LOS C D C Overall LOS B C D Route 50 & Tazewell Drivc/SulPhur Springs Road Signalized EB/L A 25.0 E 274.0 C 102.0 RB/T B 427.0 B 105.0 B 81.0 EBfrR EB LOS A C B WB/L A 46.0 C 242.0 C 270.0 WB/T Lane 1 B 251.0 D 661.0 D 352.0 WB/1' Lane 2 WB/R A 44.0 B 177.0 B 56.0 WB LOS B D C NB/L D 63.0 D 123.0 D 151.0 NB/TR B 88.0 E 1 364.0 D 262.0 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 194.0 SB/R A j 49.0 A 64.0 A 86.0 SB LOS C D C Overall LOS B C C Route 50 & Victory Road Signalized 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 WB/T A 91.0 A 366.0 A 168.0 WBrPR WB LOS A A A NB/LTR D 93.0 D 142.0 D 77.0 NB LOS D D D SB/LTR C 25.0 A 1 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A PhR-A ' Assumed 25 leet Vehtcle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Soulhbound L: Lell, T:Thru, R: Right A Tra Ic Impacl Analysis ofGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 54 0 • CONCLUSION 0 PHR-1-A has provided the analysis for the Phase 1 Year 2015 and Phase 2 Year 2025 "Proposed Scenario' (Scenario 111) as well as for the "VDOT/County Requested" Scenarios (Scenario #2 & #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 #2, 93 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 1 (2015) • Route 50/Inverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane and right -turn lane, two (2) westbound left -tuns lanes and 41h leg in northbound direction will be required. • Route 50/Victo1y 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) ➢ "Proposed Scenario - ,Scenario #1 (access via Coverstone Drive opposite Inverlee Way): • Route 50/Prince Frederick Drive/Custer Avenue: Northbound re -striping and one northbo-und 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 -turn 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/Victory Road: Signalization will be required. PhR+A A Ti•a is Impact Analysis of Governors Hill Development Project Number; 13415-1-3 August 14, 2008 Page 55 0 • • Exhibit B is provided in the Appendix section of this report to show the detailed diagram of the intersections with suggested improvements. ➢ "VD07YCounty Requested Scenario #2 (access via 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 -turn lane will be required. • Prince Frederick Drive/Costello Drive: Signalization, one northbound left -turn lane, one southbound through lane as well as one right -turn lane will be required. • Route 50/Sulphur Springs Road/Coverstone Drive: One eastbound left-tum lane, one eastbound right -turn lane, two (2) westbound left-tum lanes, one southbound left -turn as well as one right -turn lane and 4t11 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): • 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/Inverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane, one eastbound right -turn lane, one westbound left -turn lane and 4t1i 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 4t1i 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. PH'I�A A Tra e Impact Anal sy is of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 56 • 0 Table 10 Sunnnary of Results 1025 Ruild.nut Trnflie Cnnditinne. No. Intersection Direction I5u rovements required to maintain overall LOS "D" or better "Proposed Scenario" • Scenario Ill "VDOT/Count Requested" Scenario R "VDOT/Count Requested" Scenario 113 Raslbound - 1 rIghl-Nm lane Route 50/prince westbound 1 Facderick Drlve/Cunter Avenut Nonhbaund IIeR-wm lane, se -sniping - 1 IcR•lum lane, rc-sulpl.g 11eR•tum lane, re-sulping Soulhbound Rulbound 2 Prince Frederick W.1b.mal Signalizadon Signalizalion Slgnllizalloll Drivt/Costcllo Drive Nonhbaund - I Icnaum lane - I left -turn lane • I IeR-lum lane Soulhbound - I r1gbl•lum lane - I duougb lane & fight -tun lane Raslbound - I left & rigid-lum lane - I IeR-Tuns &right -tuna lane Ronk SNinvcdee 1YeslWund •21tR•lum lane •IIell lent 7 Way/Coverslone Signelivodon -No Improvements Signalizalion Drive Nonhbound • 41h leg • 4ds leg Soulhbound - Raslbound - I IeR•lum & righl4mn lane 4 Roulc 50/Sulphur WMWund - -2len-lum lances -Ilea-Intl lane Springs Road Northbound - •4d11eg •40,leg Southbound • I IeR4um lane - 1 kR-lum & 1 dghblum lane • 110.1mn & dglu-tuna lane Raslbound 5 Route5o/Victory Wembound Slgnallntion - Slgnalizalion Slgnelizelion Road Nonhbound Soudsbound Raslbound 6 Route 522/Coslello Westbound • No Improvements -No Improvcmcoas - No Improvements Drive Nonhbound Soulhbound Raslbound 2 Covcratone Westbound -New lnterseclion Signaiizalion •NIA •NIA D6w)Ddm,ay Hl Nonhbound Soulhbound Raslbound S Covtaaum. Wesib and , Nesv lnlerseellon -NIA •N/A DrivdDdvesvay H2 Northbound Soulhbound Westbound 9 Covcrswoc DrivelDrive%vay H3 Nonhbound - Nesv lnlersecilon •NIA •NIA Soulhbound Rasbound 10 Covcrstonc Drlvo,7a ell Ddve Wcslbound Northbound Ncwlnitrsttllon Slgnalizadon NIA •N/A Soullbound Although PHR-1-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 project 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 Tr•a(c Impact Analysis of Governors hill Development R-A Project Number, 13415-1-3 PH August 14, e 57 Page 57 0 • 0 0 APPENDIX 0 • 11 Exhibit A 0 • • m 00 a M M Q� J QO rn 3 00 0 00 Be 9 Q s rn c w IF Oki r Z W H l� !N r-1 C) a 3 w r w g z ,.LANF mi v LT TCFNL"Dual 1 T TV 0. r rJ 0 Q3 US. ROUTE 50 - INVERLEE WAY - SiTE DRIVEWAY/COVERSTONE DRIVE DETAIL NAME DWG. NO, EXHIBIT A 0 F DESIGN: CSK DRAWN: CSK CHKD: RAM H; 1'--200' V: 1 "-200' DATE; 7/11/08 46 Exhibit B • 2O U.S. ROUTE 50 - CUSTER AVE - PRINCE FREDERICK DR- 0 COVERSTONE DR. - COSTELLO DR. - PRINCE FREDERICK DR. - COSTELLO DR. - PRINCE FREDERICK DR. Q U.S. ROUTE 50 - INVERLEE WAY - SITE DRIVEWAY/COVERSTONE DRIVE ® U.S. ROUTE 50 - SULPHUR SPRING ROAD w m x w J ~ J Z LL2 (n > � O O ck:: z n. �a OFFSITE IMPROVEMENTS caavHresv� ® PHASE 1 .a` ® PHASE 2 :8 9:-g-'e'R 0 VDOT Virginia Department Xof Transportation LANDTRACK INFORMATION SHEET All Yellow fields Must be filled in. Blue fieldsl require at least one field contain an entry. Green fieldsl are supplemental, to be used as necessary. Submission Details Project Name Governors Hill Development Construction District Winchester Locality Contact Greg Hoffman Winchester Residency Route 50 Winchester, VA Location Route Number 522 r Street Name Front Royal Pike M I Site Details Chapter 527 Submission YES Acreage Residential Units NO VPH (net) AM - 1719 PM - 4161 SAT - 4820 Principal Parcel ID 64-A-83 (Tax Map or GPIN) 64-A-83A 64-A-84 65-A-85 65-A-86 65-A-87 Payment Fee Waived NO Payment Received YES Check # 5129 Payment Amount $1,000.00 Tracking Date Received by Locality Locality's Requested Due Date Comments Locality's Project ID TBD Jurisdiction Frederick County TIA Preparer PHR+A 10212 Governor Lane Blvd. Suite 1007 Williamsport, MD 21795 Principal Rte (type "x" in box) 1-1 ADT Weekday- 18,410 SAT- 20,550 Weekday- 20,310 SAT- 17,000 Submission Type Zoning TIA Review Facility Type Mixed Use - Commercial / Residential Commercial SgFt VPD (net) 1,285,000 SF Weekday — 47,004 SAT — 48,520 2x VPD (low vol. threshold) Reason for Waiver �,. ` Payment Type -- Select -- Check Holder Received From c�P 3 M A Traffic Impact Analysis of Governors Hill Development Located in: Frederick County, Virginia 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, MID 21795 T 301.223.4010 PHP A+ F 301.223.68316831 August 14, 2008 EXECUTIVE 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 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 towi-liouse 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, 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 #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. PHR+A has provided the analyses for the "Proposed Scenario" (#1) as well as for the "VDOT/County Requested" Scenarios (#2 & #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 "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 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 project as it was originally envisioned by the Applicant, VDOT and the County. ' A Trq(rc Impact AnaNsis of Governors Hill Development Project Number: 13415-1-3 PR+A August 14, age IH Page 1 1 I 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 fashion 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 #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 hiverlee 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 conditions. A Traffic Impact Analysis of Governors hill Development PH J� Project NumUer: 13415-1-3 August 14, 2008 Page 2 Assumptions The following assumptions are incorporated in the analysis based upon the scoping session between the Virginia Department of Transportation (VDOT) and 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-aligmrrent of the intersection of Route 522 and Route 50. A Traffic Impact Analysis oiGonernoas Hill Development PH" Project Number: 134 , 2008 August 14, 2 e 3 Page 3 No Scale Apple Blossom Mall F� ke 50 -a n 522 � ,NC tT` R Try+n a fi .ar IfB SITE 7Fli i 50 _ A M Figure 1 Vicinity Map: Governors Hill Development, in Frederick County, VA A Traffic Impact Analysis of Governors Hill Development PhR+A Project Number:13415-]-3 August 14, 2008 Page 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-hour 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. Figure 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/PM 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 TraTic Impact Analysis oiGovernors Hill Development PH J� Project NumUer: 13415-1-3 August 14, 2008 Page 5 A N4 ppak unnr(PM Peak Hour)ISAT Peak Hourl Project Number: 13415-1-3 August 14, 2008 Page 6 �o No Scale G� S realized 50 Intersection Signalized Intersection LOS=B(B)lCl C, id�ro�o Signalized Intersection LOS=C(D)1C1 Unsignalized 'IIJ Intersection / 'III-, 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 1 for levels of service by "Lane Group" + q Analysis is based upon VDOT Signal Timings Figure 3 Existing Lane Geometry and Levels of Service AA Trade Impact Analysis o(Gonernoi•s Hill Development PtPN Project Number: t 415-1-3 ,2008August 14, 2 e 7 Page 7 Table 1 Governors Hill Development Levels of Service and Back of Queue (951%) Results Existing Traffic Conditions Intersection Traffic Control Lane Group/ Approach ANI Peal: Hour I'M Peak (lour SAT Peal: (lour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route S22 v Costello Drive Signalized EB/LT D 25.0 D 25.0 E 25.0 EB/R C 25.0 A 25.0 D 25.0 EB LOS D D D WB/L D goo D 94.0 E 130.0 WB/LT D 80.0 D 92.0 E 134.0 WB/R C 25.0 B 58.0 B 97.0 \VB LOS D C C NB/L A 25.0 D 25.0 D 25.0 NB/T Lane I B 123.0 II 229.0 C 147.0 iJ6l1' Lane 2 NB/rR NB LOS B B C SB/L D goo D 2050 D 811.0 SB? A 119.0 A 194.0 A 101.0 SBrFR SB LOS A 11 C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignalized EB/L A 25.0 B 25.0 A 25.0 EB/R NB/LT - A - 25.0 - A - 25.0 - A - 25.0 SBrrR - - - - - - Route 50 & Prince Frederick Drive/Custer Avcnuc Signalized EB/L A 25.0 B 740 B 78.0 EB/T Lane I C 184.0 B 162.0 C 202.0 EBIT Lane 2 EB/R A 26.0 A 25.0 A 25.0 EB LOS B B C \\B/L B 40.0 B 39.0 B 58.0 WB/T B 131.0 C 1 332.0 C 248.0 WB/ R WB LOS B C C NB/LT D 55.0 D 134.0 D 105.0 NB/R B 25.0 B 43.0 B 38.0 NB LOS C C C SB/LTR D 223.0 D I 110.0 D 140.0 SB LOS D D D Overall LOS C C C Route 50 & Inverlee Way Unsignalized EB/T Lane 1 - - - - - - EB/T Lane 2 \\ B/T Lane I WB/f Lane 2 1\B/R SB/R - - - - - - Route 50 & Sulphur Springs Road Signalized EB/L B 38.0 B 124.0 B 133.0 EB/T Lane 1 B 155.0 B 104.0 B 77.0 EB/T Lane 2 EB LOS B B B \\B/T Lane I C 166.0 E 496.0 C 207.0 1 WD/T Lane 2 WB/R A 31.0 B I00.0 A 33.0 1VB LOS C D C SB/LR C 206.0 B 78.0 C 239.0 SB LOS C B C Overall LOS C D C Route 50 & Victory Road Unsignalized EB/L A 25.0 A 25.0 A 25.0 EB/T Lane I - - - - - - EB/T Lane 2 EB/R \\B/L A 25.0 A 25.0 A 25.0 \VB? - - - - - - WB/TR ND/LTR C 290 E 92.0 C 25.0 SB/LTR B 25.0 B 25.0 A 25.0 � PHPl� 1 "Assumed 25 reel Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Lell, T:Thru, R: Right A Trade Impact Anah/sis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 8 PHASE 1 (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 towrihouse 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 7th 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" ,r,;— r_o r r: c...,, Code Land Use Amount A111 Peak Hour In Out Total PM Peak Hour In Out Total ADT Sat Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Family Detached 115units 22 67 90 78 44 122 1,150 61 52 113 1,200 Total 22 67 90 78 44 122 1.150 61 52 113 1.200 - ui mC zm� umLS proposea for me Havens Jaoalvlsan --pine ,v ul— aic u..up,cu. 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 5 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 Tratrc Impact Analysis o(Gonernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 9 No Scale -4-- Road Weekday 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 4 Phase 1: 2015 Background Traffic Conditions A TraTic Impact Analysis or Governors Hill Development PAProject NumUer: 13415-I-3 H August 14, 2008 Page 10 I I No Scale /Unsignalisecfizcd Intcron G\ 9 Signalized Intersection LOS=B(B)ICI \`CG, o� /CI(C)c cre C j /� — Ostelt / Unsignalizcd ° Drjl, Intersection t e Il q�ti�G ti rCAcz t� �q SITEr�`eIv'` at i G° 522 SITE etta y, Signalized "Suggested Intersection Improvements" OS=A(A)IA Signalization 50 GLP1`P\ Signalized i "Suggested Intersection Inr.ve.c.t" " LOS=A(A)[AI Signalization G� d1 G� t 50 Signalized Intersection LOS=B(B)[B] G\ /off \ `_CP\ 9J9 Road �1 rG �71-- \q Unsignalizcd Intersection o 4' � Denotes stop sign control `0 o�� Denotes traffic signal control N, * 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 Traffic Impact Analysis o(Goyernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 1 I Table 3 Governors Hill Development Levels of Service and Back of Queue (95%) Results ni...,.,, i 7n1 C n-lrn--d Truffle Cnnditinns (\with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 D 93.0 E 150.0 WB/LT D 81.0 D 92.0 E 153.0 WB/R A 25.0 A 32.0 A 52.0 WB LOS C C C NB/L A 25.0 C 25.0 D 25.0 NB/T Lane 1 B 144.0 II 210.0 C 171.0 NB/T Lane 2 NB/TR NB LOS B B C SB/L D 79.0 C 208.0 C 490.0 /TA 147.0 A 185.0 A I03.0 TR E SB LOS A B C Overall LOS B B C Prince Frederick Drive &Costello Dm e Unsignalized EB/L A 25.0 B 25.0 A 25.0 A 25.0 A 25.0 A 25.0 REB/TLane - Route 50 & Prince Frederick Drive/Custer Avenue Signalized B 25.0 C 114.0 B 75.0 C 215.0 B 191.0 B 177.0 EB/T Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS B C B WB/L A 25.0 A 25.0 A 26.0 W B/ I B 85.0 B 102.0 A 98.0 V B//TR WB LOS A B A NB/LT D 59.0 D 182.0 D 120.0 NB/R B 26.0 B 46.0 B 39.0 NB LOS C C C SB/LTR D 163.0 C 101.0 C 92.0 SB LOS D C C Overall LOS B B B T o nth � PHPl� 1 EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Tra(Tc Impact Analysis of Governors Hitt Development Project Number: 13415-1-3 August 14, 2008 Page 12 Table 3 (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Phase 1 - 2015 Background Traffic Conditions (witli Assumed Improvements) Intersection TrafficGroup/ Control Lane Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of LOS Back of LOS Back o Queue Queue Queue Route 50 & Inverlee Way/ Coverstone Drive Signalized EB/LT EB/T EB LOS WB/T Lane 1 WB/T Lane 2 WB/R �i'B LOS SB/LR SB LOS A 25.0 A 25.0 A 61.0 A A A A 45.0 A 35.0 A 234.0 A 25.0 A 25.0 A 32.0 A A A C 71.0 C 52.0 C 59.0 C C C Overall LOS A A A Route 50 & Springs Road EB/L A 25.0 BUB 1.0 EB/T Lane 1 A 25.0 A5.0 EB/T Lane 2 EB LOS A WB/T Lane 1 B ]20 0 B5.0SignalizedSulphur WB/T Lane 2 WB/R A 25.0 A.0B C 229.0 C3.0C Overall LOS B Route 50 & Victory Road Signalized EB/L A 25.0 A 25.0 A 25.0 EB/T Lane 1 EB/T Lane 2 A 57.0 A 40.0 A 2&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 WB/TR A 45.0 A 174.0 A 61.0 WB LOS A A A NB/LTR D 76.0 D 120.0 D 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 A A A * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right PHIS Project Number: 13415-1-3 August 14, 2008 Page 13 PHASE 1 - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 4 to summarize the trip generation for the proposed Phase 1 Governors Hill development. Table 4 Proposed Development: Governors Hill Development Code Land Use Amount ADt Peak Flour In Out Total P111 Peak flour In Out Total ADT SAT Peak Hour In Out Total ADT 220 Aparunent 128 units 13 53 66 57 31 88 920 2,753 36 128 36 115 72 247 749 2,787 230 Townhouse/Condo 422 units 49 164 213 176 720 100 780 275 1,500 17,176 1,034 954 1,988 19,988 820 Shopping Center 400,000 SF 251 161 412 Sub -Total 314 378 691 953 911 1,863 20,849 1,198 1,105 2,307 23,524 Internal Trip Reduction (mac 5%15%)* 14 14 28 36 36 73 1,102 31 31 64 489 1,061 4,864 Retail Pass -by Trip Reduction (nutx 25%) 50 50 100 183 183 366 4,156 245 245 Total 'New Trips" 250 314 564 1 734 691 1.425 ne .,P,t- 15.591 t...,,. PM 1 922 829 "rak hnur and 24-hour 1.754 trips, respectively. 1 17,599 -Per Chapter 527 11A regulations oy v VU 1,., 1. w," 111e „^_ "IF. - _-••••••- -- -11 -- -- PHASE 1 - TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips for Phase 1 shown in Figures 6 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 1 - 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 951h percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this report. 11 PR+AH A TraffC Impact Analysis or Governors Hill Uevelopntew Project Number: 13415-1-3 August 14, 2008 Page 14 No Scale 5% 5% 30% 45% G Cos�el/o �po�A O � ��te�fe ,�1yw ilr � SITE tray G° e w Sulphursp�ngs Roa 522 dr�`e`�e SITE aJ- 50 15% 10% °ab �1 45% 25% n Residential Retail -PT TP+/ Figure 6 Phase 1: Trip Distribution Percentages A TraTic Impact Analysis of Governors Hill Development PH" Project Number: t 4 , 2008 August 14, 2015 Page 15 J Weekday ADT Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour) * Denotes Pass -by Trips Figure 7 Phase 1: Development -Generated Trip Assignments A Tra.(rc Impact Analysis of Governors Hill Development PHP Project Number: t 4 ,2008 August 14, 2016 Page 16 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Project Number: 13415-1-3 August 14, 2008 Page 17 No Scale 1Q �� -I(CJ/w/ 50 C Signalized 1 Intersection LOS=B(C)[BJ/ Signalized Intersection LOS=B(B)[ClP. c/ feno Dr11,e m Unsignalized C ohttersection �`P1 w\� SITE Signalized New Intersection Intersection" LOS=A(B)[BJ 1 0 C J- e/(Ql �`.► 9(9 1S SEE "EXnIBIT A" FOR DETAILED DIAGRAM Signalized "Suggested Intersection Improvements" LOS=B(B)[BJ Signalization EB - I Left, I Right NB - 2 Left NB - 4th Leg �f e, Go���oo GAG � 50 Signalized Intersection LOS=B(C)[CJ D<Gl\O\ / SITE 71 Signalized I "Suggested Intersection I Improvements" LOS=A(A)[All Signalization /r 7 L 7171� � � 9 �4oab � � bm Ilur Spin gsR°ad �� GO Unsignalized oaa 7 Intersection 50 `�yDenotes 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 Traffic hnpact Analysis Of Governors Hill Development PH J� Project Number:13415-1-3 August 14, 2018 Page 18 Table 5 Governors Mill Development Levels of Service and Back of Queue (951/,) Results Phase 1 - 2015 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ANI Peak flour PNI Peak Hour SAT Peak Hour LOS I Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 82.0 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/L A 25.0 C 25.0 D 25.0 NB/I' Lane 1 B 145.0 B 232.0 C 234.0 NBrr Lane 2 NBrrR NB LOS B B C SB/L D 80.0 D 212.0 C 502.0 SB T A 154.0 A 212.0 A 130.0 SBfTR SB LOS A B C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignal zed EB/L A 25.0 B 25.0 A 25.0 EB/R.- - - - " NB/LT A 2 5 0 A 25.0 A 25.0 SB/TR Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L A 25.0 D 151.0 C 90.0 EBrr Lane 1 C 265.0 C 354.0 C 377.0 EB/f Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS B C C WB/L A 25.0 A 25.0 B 25.0 W Brr B 93.0 C 587.0 B 264.0 WBfFR R'B LOS A C B NB/LT D 59.0 D 158.0 D 120.0 NB/R B 26.0 B 45.0 A 25.0 NB LOS C D C SB/LTR D 169.0 D 138.0 C 113.0 SB LOS D D C Overall LOS B C B Route 50 & Inverlee Way/ Coverstone Drive Signalized EB/L B 25.0 D 40.0 D 25.0 EBrr Lanc I A 296.0 B 117.0 B 167.0 EBrr Lane 2 EB/R A 69.0 A 25.0 A 126.0 EB LOS A A B WB/L Lane I C 46.0 C 197.0 C 192.0 WB/L Lane 2 WBrr Lane I A 70.0 B 459.0 A 92.0 WBlI' Lane _ WB/R A 25.0 A 25.0 A 25.0 RB LOS B B B NB/L D D 97.0 98.0 C C 1990. 198.0 D D 247.0 249.0 NB/LT 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 D 44.0 SBrrR A 25.0 A 25.0 A 25.0 SB LOS B B B Overall LOS B B B * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Soutbbound L: Left, T:Tliru, R: Right A Traffic Impact Anahrsis of Governors Hill Development PHP Project Number: t 4 ,2008 August 14, 2019 Page 19 Table 5 (Continued) Governors Hill Development Levels of Service and Back of Queue (95%) Results Phase 1 - 2015 Build -nut Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ANT Peak Hour I'M Peak flour SAT Peak (lour LOS Back of Queue LOS Back of Queue LOS B•u of Queue Route 50 & Sulphur Springs Road Signalized EB/L A 25.0 D 248.0 D 333.0 EB/T Lane I A 62.0 A 72.0 A 70.0 EB/-r Lane 2 EB LOS A B B )i'Bfr Lane I B 155.0 C 522.0 D 312.0 WB/T Lane 2 WBlR A 25.0 A 26.0 A 25.0 R'B LOS B C C SB/LR D 225.0 C 173.0WD4SB LOS D COverall LOS B CEB/L Route 50 & Victory Road Signalized A 25.0 A 73.0EB/T Lanc 1 A 40.0 A 91.0EB/T Lane 2EB/R A 25.0 A 25.0 EB LOS A A A WB/L A 25.0 A 25.0 A 25.0 /T A 55.0 A 242.0 A 101.0 EIEIBlIR WB LOS A A A NB/LTR D 77.0 D 120.0 D 1 67.0 NB LOS D D D SB/LTR C 1 5.0 A 1 25.0 A I 25.0 SB LOS C A A Overall LOS A A A ve& Sia &Site- Driveway SignalizedDrive EB/L C 11g.0 B 376.0 B 433.0 EB/T A 25.0 A 25.0 25.01 EB LOS C B WBrrR A 25.0 A 25.0 25.0ri MB R'B LOS A A SB/L B 43.0 D 274.0 156.0 SB/R A 25.0 A 192.0 A 243.0 SB LOS A B B Overall LOS A B . .-,,.--A B I f -, Vnhirlr 1 rnvth EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T: rhru, R: Right A Ti-afTc Impact Analysis ofGovernols Hill Development Project Number: 13415-1-3 PHP 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 seeping 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, fiom 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 7t1i Edition of ITE's Trip 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 ANI Peak Hour In Out Total PM Peak Hour In Out Total ADT Sat Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Fancily Detached 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 ut me �6D units proposes wr urn 1--lb .,1.....,e.1.,. , .,... - . A Traffic Impact Analysis or Governors Hill Development PProject Number: t 34 ,008 2 T TJ� August 14 j�—jl Pagee 21 21 F 11 Figures 10a through 10c show the Phase 2 2025 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 for Scenarios 1, 2 and 3, respectively. Figures 11a tlu-ough 11c show the respective weekday AM/PM peak hour and Saturday mid -day peak hour levels of service at the study area intersections. Tables 7a through 7c are provided to show the Phase 2 2025 background weekday AM/PM and Saturday mid- day peak hour levels of service and 95t1i percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNCHRO level of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis oLGovernors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 22 No Scale P. 0 w 1 b b (0)I46)/I70 o � oSte / � N 522 2 PT TR+/ /!-IS 0 /6� ,(66S�� 3I`� �I7j/II /(I4)6 Z� e ~` 7Z(6(IOSI) O SITE ��I'i�e e SulphurSpn � °gs Road 1 '�,,;____ -c SITE ''; ' S0 I198c r- Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] n Figure 10a "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Traffic Conditions AA Traffic Impact Analysis of Hill Developmentlmpact Analysis ofGovernors Hill Development PH J� Project Number: 13415-1-3 August 14, 2008 Page 23 No Scale �� 1100 /lg,3o �oi gyp j'(736)'937, �56�63)/g9 (12021 J �b N 0) C6 ` C Zl2Z0 ro a���t qq, /6/Zg� zl )700 `0* �r� z, spy /Sll r SITE Y �� I— T TP+! 1 SITE ; '0 �` a Weekday 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] .-.may "l , l F L _ Figure 10b "VDOT/County Requested" Scenario #2 - Phase 2 2025 Background Traffic Conditions � PHR1� 1 AA Tra��c Impact Analysis ofGovernors Hilt DevetopmentImpact Analysis ofGovernors Kill Devetopment Project Number: 13415-1-3 August 14, 2008 Page 24 No Scale PT TP+/ Jos/ .` ♦ �� ice, o/ Weekday 1 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 Tra.(fc Impact Analysis of Governors Hill Development p J� Project Number: 13415-1-3 - August 14, 2008 Page 25 11 11 No Scale Signalized Intersection LOS=B(B)ICI C i �� COste R /Unsignalized Intersection 4 9 5 /e 51 J t Unsignalized DPii e Intersection Signalized "Suggested Intersection Improvements" LOS=A(B)lA] Signalization •�r�v;iJ1L Intersection ek, \♦ Je4000, LOS=B(B)ICI Y SITE ; ' Ask cic% 1, \ \%\ gr�J�t/+ D`:�ka ����y Sul ImrSpringso \%co 2 } ad \'eFs SITE dr • %o 1 ; 1`� \\\��\\iG i Signalized "Suggested Unsignalized Intersection Improvements" as ryJ� Intersection LOS=A(A)IA Signalization50 a G �9 Denotes stop sign control J`► Denotes 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: Funding for "Suggested Improvements" has yet to be indentified Figure 11a "Proposed Scenario" Scenario #1 - Phase 2 2025 Background Lane Geometry and LOS PR+AH A Ti-afic Impact Anafisis oiGovei-nors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 26 No Scale Signalized Intersection LOS=B(B)lCl �f M� C C Unsignalized Intersection COST .1 Unsignalized L)ri e Intersection 0 Signalized fF- (�SijIt" Intersection on o c SITE °dA�k OS=B(B)iCl�lcl�c� l� J� Sul hurSpiingslZ°ad 522 %' %SITE • �d``e 1 0 G4,`4 CD C7 L Signalized "Suggested Intersection Improvements" Unsignalized LOS=A(A)[A Signalization oaa ♦ ryJ/ Intersection `�� �' 4�w�J• ly 9�* 50GL4l �ot1 GAL 50 9�r �J �9U, -o� Denotes stop sign control 1-T TR+/ aDenotes traffic signal control * Denotes Unsignalized Critical 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 indentified Figure llb "VDOT/County Requested" Scenario #2 - Phase 2 2025 Background Lane Geometry and LOS 1 PHP 1 A TraTic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 27 No Scale Signalized Intersection LOS=B(B)[Cl L �l 3j °s�e G C� -I- Unsignalizcd Intersection SITE , V. 9 0 '%'� G SITE ♦`` ' 'N J IN Signalized "Suggested Intersection Improvements" LOS=A(A)IA Sienalization 50YU GLPI\F� a -y Signalized Intersection LOS=B(B)[Cl C\ ke � _ CIQ -—11,11gs'Road rl G61`� Unsignalized 2a ��9JlIntersection 50 o� � ''"Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized 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 Figure 11c "VDOT/County Requested" Scenario # 3 - Phase 2 2025 Background Lane Geometry and LOS A Traffic Impact Analysis of Governors Hill Development PH" ProjectNumbgust 4, 2008 August 14, e 28 Page 28 I Table 7a Governors hill Development Levels of Service and Back of Queue (95'%,) Results Scenario 81 - Phase 2 2025 Backuround Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ADI Peak Ilour I'RI Peak (lour SA7' Peak hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Rouse 522 iv Costello Drive Signalized EB/LT C 25 0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 C 250 EB LOS C C C W B/L C 67.0 C 87.0 D 1 143.0 WB/LT C 67.0 C 86.0 D 1460 WB/R D 25.0 D 50.0 B 118.0 R'B LOS C C C NB/L A 1 25.0 C 25 0 C 25.0 NBrr Lane 1 D 159.0 C 2760 C 315.0 NB/I' Lane 2 NB/1 R NB LOS B C C SB/L C 66.0 C 193.0 C 355.0 SB? A 166.0 A 1 215.0 A 117.0 SB/fR SB LOS A B C Overall LOS B B C Prince Frederick Drive & Costello Drive Unsignalizcd E•B/L A 25.0 B 25.0 A 25.0 EB/R NB/LT A 25.0 A 25.0 A 25.0 SB/ R Route 50 & P nee Frederick Driv,/Custcr Avenue Signalized EB/L A 25.0 B 67.0 A 46.0 EB/T Ianc 1 A 1310 A 121.0 A 120.0 EBfT Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A WB/L A 31.0 B 59.0 C 72.0 WB? A 84.0 C 385.0 C 288.0 WB/TR WB LOS A C C NB/LT C 1 48.0 C 124.0 C 80.0 NB/R B 25.0 A 1 38.0 A 1 32.0 NB LOS C C C SB/LTR C 1 157.0 B 1 90.0 B 77.0 SB LOS C B B Overall LOS B C B Route 50 & Inverlce Way Signalized EB/LT B 255.0 A 87.0 A I 78.0 eerr EB LOS B A A N'BrF Lanc 1 A 191.0 A 411.0 A 108.0 WBrr Lane 2 WB/R A 25.0 A 1 25.0 A 1 25.0 R'B LOS A A A SB/LR C 1 74.0 C 1 52.0 C 60.0 SB LOS C C C Overall LOS B A A Route 50 & Sulphur Springs Road Signalized EB/L A 25.0 C 192.0 B 234.0 EBlf Lane 1 A 53.0 A 65.0 A 55.0 EBrr Lane 2 EB LOS A B B WB/f Lane 1 C ISLO C 374.0 C 364.0 WB/f Lane 2 WB/R A 1 29.0 A 1 60.0 B 55.0 q'B LOS B C C SB/LR C 1 269.0 C 1 154.0 C 296.0 SB LOS C C C Overall LOS B B C Route 50 & Victory Road Signalized EB/L A 25.0 A 53.0 A 25.0 EBfr Lane 1 A 58.0 A 121.0 A 36.0 E&rr lane 2 EB/R A 25.0 A 25.0 A 250 EB LOS A A A WB/L A 25.0 A 25.0 A 25.0 R'B/f A 50.0 A 200.0 A 1 68.0 WBrrR WB LOS A A A NB/LTR D 1 76.0 D 1 119.0 D 1 67.0 NB LOS D D D SB/LTR C 25 0 A T 25.0 A 1 25.0 SB LOS C A A Overall LOS A A _ A 1 PHP ,n 1 I Assumed 25 feet vehicle Length EB = Eastbound, W B =W eslbound. NB = Northbound. SB = Southbound L: Left. T:Thm. R: Right A TraTic Impact Analysis o(Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 29 Table 7b Governors Ilill Development Levels of Service and Back of Queue (95'%) Results Scenario 112 -Phase 2 2025 Background Traffic Conditions (With Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AAI Peak (lour I'RI Peak flour SKr Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 iv Costello Drive Si lized Signalized EB/LT C 25.0 C 25.0 C 25.0 EB/R C 1 25.0 A 25.0 C 25.0 EB LOS C C C WB/L C 75.0 C 87.0 D 108.0 WB/LT C 75.0 C i 86.0 D 111.0 WB/R D i 5.0 B 1 50.0 A 37.0 \VB LOS C C B NB/L A 250 C 25.0 C 25.0 NBT Lane I B 136.0 C 276.0 C 202.0 NB.T Lane 2 NBTR NB LOS B C C SB/L C 74.0 C 193.0 C 509.0 SBT A 163.0 A 215.0 A 125.0 SBTR SB LOS A B C Overall LOS B B C Prince Frederick Drive Costello Drive Unsignalizcd EB/L A 25.0 25.0 A 250 EB/R - -& NB/LT A 25.025.0 A 25.0 SBr R KA Rouse 50 & Prince Frederick Drivc/Custer Avenue Signalized EB/L A 25.0124.0 C 85.0 EBLane IB T 108.0112.0 B 920 EBT Lane 2 EB/R A 1 25.0 A 25.0 A 25.0 B B 0 B 36.0 B 58.0 B 36.0 B 82.0 C 385.0 B 113.0 FNB/LT B C B D 16.0 C 126.0 B 54.0 A 25.0 A 38.0 A 25.0 A C B D 1 104.0 C 1 120.0 B 84.0 SB LOS B C B Overall LOS B C B Route 50 & hrvcrlcc Way Unsi�malized - EBrr Lane 1 EBrr Lane 2 1VB/r Lane I RBT lane 2 WB/R SB/R Route 50 & Sulphur Springs Road Signalized EB/L B 47.0 C 192.0 C 291.0 EBrr Lane 1 B 148.0 A 65.0 B 87.0 EBT Lane 2 EB LOS B B B WB/T Lane I B 84.0 C 374.0 C 222.0 11B/T Lane 2 WB/R A 1 25.0 A 1 60.0 A 1 390 %VB LOS B C C SB/LR D 1 173.0 C 1 154.0 C 329.0 SB LOS B C C Overall LOS B B C Route 50 & Victory Road Signalized EBIL A 25.0 A 46.0 A 25.0 EBIT Lane I A I05.0 A 88.0 A 66.0 EB? Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A WWI- A 25.0 A 25.0 A 25.0 11 p 50.0 A 200.0 A 68.0 11'B!I'R WB LOS A A A NB/LTR D 1 77.0 D 119.0 D 1 67.0 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 . Assur-d 25 feet Vehicle Lengat EB = Eastbound, W B =W csibound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Tra[Tc Impact Analysis of Governors Hill Development PAProject Number: ] 3415-1-3 H August 14, 2008 Page 30 I 'fable 7c Governors hill Development Levels of Service and Back of Queue (95'%) Results Scenario 113 - Phase 2 2025 Background Traffic Conditions (with Assumed Lnprovenlenls) Intersection 'Traffic Cont ral Lane Group/ Approach AM 1'cak (lour I'M Peak hour SAT Peak (lour LOS flack of Queue LOS Back of Queue LOS B.of Queue Route 522 R Costello Drive Signalized 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 C 67.0 C 1 87.0 D 143.0 WB/LT C 67.0 C 96.0 D 146.0 WB/R B 250 B 50.0 B 1 I8.0 \VB LOS C C C NB/L A 25.0 C 25.0 C 25.0 NBfr Lane 1 B 1590 C 276.0 C 315.0 NBfr lane 2 NDfrR NB LOS B C C SB/L C 66.0 C 193.0 C 355.0 SBfr A 166.0 A 215.0 A 117.0 SBfrR SB LOS A B C Overall LOS B 11 C Prince Ftedcrick Drivc EB/L A 25.0 B 25.0 A 25.0 EBM - - - - & Costello Drive Unsignalized NB1LT A 25.0 A 25.0 A 25.0 SBlfR Route 50 & Prince Frederick Drivc/Custer Avenue Signalized EB/L A 25.0 B 87.0 A 4G.0 EB fr Lane 1 A 131.0 A 121.0 A 120 0 EB rlane2 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A �\ NBfL A 31.0 B 59.0 C 72.0 R'BIT A 84.0 C 385.0 C 288.0 WBfFR R'B 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 SB/LTR C 157.0 B 90.0 B 77.0 SB LOS C B B Overall LOS B C B EB/LT B 255.0 B A 87.0 A A 78.0 A EBrr Route 50 & Inverlec Way Signalized EB LOS \VBI Lanc) A 191.0 A 41 I.0 A 108.0 WB/ Lane 2 WWII A 25.0 A 25.0 A 25.0 IT LOS A A A SBtLR C 74.0 C 52.0 C 1 600 SB LOS C C C Overall LOS B A A Route 50 & Sulphur Spring Road Signalized EB/L A 25.0 C 192 0 D 234 0 EBfr lanc i A 53.0 A 65.0 A 55.0 EBfr Lane 2 EB LOS A B B Warr Lane I C 151.0 C 374.0 C 764.0 WBfr Lane2 \5'B/R A 29.0 A 60.0 B 55.0 R'B LOS B C C SB/LR C 269.0 C I54.0 C 296.0 SB LOS C C C Overall LOS B B C Route 50 & Victoty, Road Signalized EBIL A 25.0 A 53.0 A 25.0 EBfT Lane I A 58.0 A 121.0 A I8.0 EBfr Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS A A A N7B/L A 25.0 A 25.0 A 25.0 WBrr A 50.0 A 200.0 A 68.0 WBffR R'B LOS A A A NB/LTR D 76.0 D 119.0 D 67.0 NB LOS D B D SB/LTR C 25.0 A 25.0 A 25.0 SB LOS C A A Overall LOS A A • A n-I;- t rn oih PHPI� EB = Eastbound, WB =Westbound. NB = Northbound. SB = Southbcund L: LeR T:Thru. R Right A Tra[Cic Impact Matysis ofyovernors 1-1111 Uevelop/l em Project Number: 13415-1-3 August 14, 2008 Page 31 PHASE 2 - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 8 to summarize the trip generation for the proposed Phase 2 Governors Hill development. Table 8 Proposed Development: Governors Hill Development Code Land Use Amount ADt Peak Hour m In Out Total PNI Peat: [lour In out Total ADT SAT Peak flour In Out Total ADT 220 Apartment 128 units 13 53 66 57 31 100 88 275 920 2,753 36 128 36 115 72 247 749 2,787 230 Tomwmhouse/Condo 422 units 49 164 213 176 423 510 3,767 59 51 110 842 710 Office 395,000 SF 485 565 66 362 551 927 87 1,620 1,755 3,375 38,646 2,326 2,147 4,473 44,973 820 Shopping Cen ter 900,000SF Sub -Total 1,113 645 1,758 1,940 2,309 4.248 46,085 2,549 2,349 4,902 49.351 Internal Trip Reduction (mar 5%15%) 28 28 56 55 55 109 1,479 37 555 37 555 75 1,110 1,145 11,111 Retail Pass -by Trip Reduction (mar?5%) 114 114 228 417 417 835 9,524 Total 'New Trips" 1 971 503 1.474 1 1.468 1,837 3.304 35.083 1.957 1.756 3.717 37.095 . NA V h. ., PM neck hnur and 24-hour trips, respectively. 'Per Chapter �2/ mto regmauons uy vu—,-.1.—••••�•�•••••••-•••••••••r------------ 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 13c 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 (Figures 13a-13c) were added to the Phase 2 2025 background traffic volurnes (Figures lOa-10c) to obtain Phase 2 2025 build -out conditions. Figures 14a through 14c show the Phase 2 2025 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 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 9a through 9c to show the Phase 2 2025 build -out levels of service and 95t1' percentile back of queue for each lane group for Scenarios 1, 2 and 3, respectively. All SYNCHRO level of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of Governors Hill Development Project Number: 13415-1-3 P R+A August 14, e 32H Page 32 11 1 A Tra(rc Impact Analysis o(Governors Hill Development Project Number: 13415-1-3 PHP August 14, 2008 Page 33 No Scale Hl+ Figure 12b Residential Retail "VDOT/County Requested" Scenario #2 - Phase 2 Trip Distribution Percentages A Traffic Impact Analysis oiGovernors Hill Development Project Number:13415-1-3 PR+A August 14, e 3H Page 34 No Scale Residential Retail .PT TR+/ --F—F — — Figure 12c "VDOT/County Requested" Scenario #3 - Phase 2 Trip Distribution Percentages A Trajrc Impact Analysis of Governors Hill Development PHf-�+-A Project Number: August 14, 2008 Page 35 Weekday 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour * Denotes Pass -by Trips Figure 13a "Proposed Scenario" Scenario #1 -Phase 2 Development -Generated Trip Assignments A Traffic Itnyact Analysis of Governors Hill Development Project Number: 13415-1-3 PH + August 14, 2008 Page 36 n 0 M� < Q� M CD r` No Scale °O v �14(8)[91 J" Drivewa #Ir 16911(556)120=—&0 Driveway #1 --* 1321(26)5nm% - N v _ I 14666 207 AM Peak Hour(PM Peak Hour)[SAT Peak Hour] I * Denotes Pass -by Trips 1 1 Figure 13a-1 "Proposed Scenario" Scenario #1 - Phase 2 Development -Generated Trip is A Traffic Impact Analysis of Governors Hill Development PH J� Project Number: 13415-1-3 August 14, 2008 Page 37 No Scale -I- g \ q ^1 60(18y)/182I osre 0 0o r n� 522 o`y N ,i. Q / 16748tee{ 0 Ilj001( ys9)q3 *"%r 3 (1 i 0)472: J� 103' 16)�ll x 1b O� bb SITE c�� ers/o 1 4�(Iss)/Z1gl SITE Sulphur Road Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] * Denotes Pass -by Trips 1 1 Figure 13b "VDOT/County Requested" Scenario #2 - Phase 2 Development -Generated ments AA Traffic Impact Analysis ofGoverna•s Hill Development PAProject Number: 13415-I-3 H August 14, 2008 Page 38 No Scale q c 1S(91�/8� 6p(49)/I81I /S3I�(4 2� ��p `�► ~`�23r��S2J/�4c `, 3�I J,62 p J� o 522 `n �06js o1` SR 50 oil 1379 C S 8p�('�1S) 3 � if, 3(191�11 �� S 8 1 °S/ello j�r� �~` I ) rl.vw) clQ a �Z cb 3858 ;y °o ° SITE Gke � Su] hors rings Road 522 °n % , SITE 50 � 5268 lap OO, Weekday � K t 1 Saturday ADT /� AM Peak Hour(PM Peak Hour)[SAT Peak Hour) PY -rP+/ \ * Denotes Pass -by Trips _l "1 `� L Figure 13c "VDOT/County Requested" Scenario #3 - Phase 2 Development -Generated Trip Assignments A TraTic Impact Aitah,sis of Governors Hill Development PH" Project Number: t 415-1-3 ,2008 August 14, e 39 Page 39 No Scale -I- q �ko C6 ` /G8g�31/(39 �6(6 39 4Sg/( 4S)2p8:404� r`A S(� Z)I6, 10 b` 1� NNo Weekday 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hourl Figure 14a "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Traffic Conditions A Tra(ic Impact Anah)sis of Governors Hill Development PH J� Project Number: 13415-1-3 August 14, 2008 Page 40 n -I- Weekday 1 Saturday ADT AM Peak Hour(PM Peak I-Iour)[SAT Peak Hour] Figure 14a-1 "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Traffic Conditions A Traffic Impact Analysis or Governors Hill Development PH J� Project Number: 13415-1-3 August 14, 2008 Page 41 No Scale 0 50 C� a 0 o�,p6�63)i4 Z�/0 �6SS ��► ~� � 8� 3)�-38�/ � 7r'I,3S6J lo,S r; 52261( so AC) /1 7g69 �� a`bya; stgjp 1�f�66��v) ��ti° SQ�I�� 2s�✓S JSI72I/466S 8�)6S)v►~I7s(,4)S36�C�3J o 0{ 951� 5b�� �� J✓ / Lg11\`, fOD, I � ✓ss9� 20748 ` 0 SITE e Sulphur Springs Road ti h 22 SITE 50 17248 %o ��1 q` 29 ,• C a� `� 41, /joo Or o`o O�j `; 1ti1 01 31r�Cp 2�Zps.� - `ert��C' ����� drt` yd � ✓ �✓r � t ✓DSO � v�j Weekday 1 Saturday ADT T , �P-4- / A \ AM Peak Hour(PM Peak Hour)[SAT Peak Hou►•] Figure 14b "VDOT/County Requested" Scenario #2 - Phase 2 2025 Build -out Traff � PHPA 1 AA Tra��c Impact Analysis o(Governo s Hill Development Impact Analysis o(Governo s Hill Development Project Number: 13415-1-3 August 14, 2008 Page 42 No Scale o� �Q, Z/9)/a Il(3 �6 Sr`,88(� 8'/ /S3IJ(4IZ)98I3�1 )((Ip88)l SZ)i6z Ai C 522 3�>O/��tio 2s2 s 039J(9 1)4 )3. i� � 407 ��2J�✓y p` I� ` C✓ /SpyJ(3��)9, ��,►��.1� (� 3g31 ro� Ja,1�`/1 os/eJjo Dr 6 fit, rr 3I)l>>3��8J �I� ��2��✓2 ���� eta qj e ti51A bti Jl J/ ✓ � •1��° e{ .,o � I ,; Lti �1 a �8 c 69 P. 0 20748 ` o O SITE o� ' e w C, Su]phurSpnngS Road SITE 50 i,24s Of(1 Or 4w� 200 Weekday ✓Aso � v�j 1 /� Saturday ADT �T TP+/ \ AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 14c "VDOT/County requested" Scenario #3 - Phase 2 2025 Build -out Traffic Conditions PH A Tra[rc Impact Analysis GovernorsN Hill Development Project Number: 13415-I-3 August 14, e 08 43 Page 43 SEE "EXIIIBIT B" FOR DETAILED DIAGRAM Signalized "Suggested Intersection Improvements" L0S=B(D)lC1 NB-1 Left, No Scale Re -stripe �1$ ��� 50 q r�� Signalized Intersection 61 L0S=B(C)1Dl AmOMP C?� �d��cJc TAT TR+/ SEE "EXHIBIT B" FOR DETAILED DIAGRAM Signalized "Suggested Intersection Improvements" L0S=B(C)1Cl Signalization EB - I Left, 1 Right WB - 2 Left NB - 41h Leg 1 'c',c� 50 4.\\ Unsignalized 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 9a for levels of service by "Lane Group" Note: Funding for "Suggested Improvements" have yet to be indentified Figure 15a "Proposed Scenario" Scenario #1 - Phase 2 2025 Build -out Lane Geometry and LOS A Traffic Impact Anah;sis of Governors hill Development Project Number: 13415-1-3 August 14, 2008 Page 44 No Scale Unsignalized 'New Intersection Intersection" C J �t r UF4>)[Bl* )riveway #2 4W t [DI(D)B- W I 1 0 � C > q Q 0 U Covemtnn r)-;,.- Signalized "New Intersection Intersection" LOS=A(B)[111 C� ky a � ACCI�$1 �`* DriveIBI G G � � 1 #1 co Driveway #2 SITE Signalized New Intersection Intersection" LOS=B(B)[CI m 1 d J U L )*A(A)lAl )riveway #1 w V ICI(C)A�%� �� f 0 m ( .0 o Ca U SITE +Denotes stop sign control Denotes traffic signal control * 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 Ti-a& Impact Anal)Ws ofGovernots Hill Development Project Number: 13415-1-3 August 14, 2008 Page 45 No Scale Signalized "Suggested Intersection Imn p ro vererr is" D C EB - I Right LOS=C ( )I I NB - 1 Left, Re -stripe 50 1,1``�.► R Signalized Intersection Los=R(QJDl sue` 4�" r a Unsignalized �� Dr/Le Intersection St*71 (c/F� Signalized "Suggested Intersection Improvements" .OS=A(C)JCl Signalization NB- I Left SB - I Thru, I Right °sze oO,ye 4CJgj -R+A Irk 4G Signalized �`. Intersection Unsignalized LOS=C(F)IF1 Intersection Signalized ggestcu Intersection lulf""ements" LOS C(D)lCl EB - 1 Left, 1 Right W B - 2 Left NB- 4th Leg SB - I Left, I Right 50 J' /df661 �� c�1 1 `oc 01 SITE Signalized "Suggested Intersection Improvements" LOS=A(A)lAl Signalization Road SITE 0 0 .y Unsignalized oaa Intersection So Denotes stop sign control 0�9 ! Denotes traffic signal control * Denotes Unsignalized 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 indentified n Figure 15b "VDOT/County Requested" Scenario #2 - Phase 2 2025 Build -out Lane Geometry and LOS PhR+A A Tra(tc hnpact Annlysis orGov jest N Hrl! Development Project Number: 13415-1-3 August 14, 2008 Page 46 Signalized "ImSuggested Intersectimi provements" LOS=C(D)lCl NB- 1 Left, Re -stripe `q1 All No Scale Signalized Intersection LOS=B(QDl �4 t �f /djric,)c`� � � c��Jlo COl Unsignalized sfe//o Dr/�e Intersection 0 `tea I'/Fj�F tl Z 1i C4 4- G,y G Signalized Intersection LOS=C(RIF.I . 113 SITE 4 G° SITE Signalized "Su -nested Intersection Improvements" LOS=A(A)JAl Signalization _Road Unsignalized Intersection 50 a Denotes stop sign control 4 ` ® 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 Figure 15c "VDOT/County requested" Scenario #3 - Phase 2 2025 Build -out Lane Geometry and LOS A TraTie Impact Analysis o[Governos Hill Development Project Number: 13415-1-3 August 14, 2008 Page 47 Table 9a 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 Group/ Approach AM Peak Hour I'M Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 IAB/LT D 110.0 D 209.0 E 282.0 WWR A 25.0 A 38.0 A 112.0 NNB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NB/T Lane 1 B 196.0 C 327.0 D 309.0 NB/T Lane 2 NB/TR NB LOS B C D SB/L C 120.0 D 308.0 D 712.0 SB/T A 174.0 B 223.0 A 131.0 SB/TR SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized EB/L D 65.0 E 160.0 E 141.0 EB/R B 61.0 B 77.0 B 102.0 EB LOS B C C NB/L A 25.0 A 129.0 C 157.0 NB/T A 41.0 A 708.0 A 309.0 NB LOS A A B SB/T A 191.0 B 497.0 B 722.0 SB/R A 1 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 99.0 EB/T Lane 1 C 297.0 C 376.0 C 385.0 EB/T Lane 2 EB/R A 37.0 A 25.0 A 87.0 EB LOS B C C WB/L B 49.0 B 71.0 C 106.0 WBlf B 104.0 D 793.0 C 468.0 WB/TR WB LOS B D C NB/L Lane 1 D 71.0 E 447.0 D 289.0 NB/L Lane 2 NB(LR B 87.0 C 322.0 B 166.0 NB LOS C D C SB/I.TR D 184.0 D I ]4i!± D 1 161.0 SB LOS D D D Overall LOS B D C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Traff c Impact Anal Est is of Governess Hill Development Project Number: 13415-1-3 August 14, 2008 Page 48 Table 9a (Continued) Governors Hill Development Levels of Service and Back of Queue (95"/0) Results Scenario #1 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Inverlee Way/ Coverstone Drive Signalized EB/L D 25.0 E 45.0 E 32.0 EB/T Lane 1 B 209.0 C 479.0 D 423.0 EB/r Lane 2 EB/R A 25.0 A 31.0 A 54.0 EB LOS A C C WB/L Lane I D 185.0 D 341.0 D 520.0 WB/L Lane 2 WB/r Lane 1 A 105.0 B 276.0 B 119.0 WB/I' Lane 2 WB/R A 25.0 A 25.0 A 25.0 WB LOS B C C NB/L D D 103.0 103.0 D D 223.0 223.0 E E 349.0 349.0 NB/LT 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/rR A 25.0 A 25.0 A 25.0 SB LOS B C C Overall LOS B C C Route 50 & Sulphur Springs Roads Signalized EB/L A 25.0 D 527.0 C 234.0 EB/T Lane 1 A 31.0 A 68.0 A 65.0 EB/T Lane 2 EB LOS A B B WB/r Lane 1 B 236.0 D 860.0 D 604.0 WB/r Lane 2 A 25.0 A 52.0 A 39.0 RB LOS B C D SB/L D 185.0 E 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 EB/T Lane I A 91.0 A 76.0 A 71.0 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 WB/I A 87.0 B 381.0 A 172.0 RB/TR WB LOS A B A NB/LTR D 1 77.0 D 162.0 D 1 87.0 NB LOS D D D SB/LTR C 1 25.0 A 25.0 A 1 25.0 SB LOS C A A Overall LOS A IAI A 1 PH" 1 * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Trafrc Impact Anahisis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 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 Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Coverstone Drive & Driveway I Signalized EB/L A 77.0 C 438.0 C 573.0 EB/TR A 25.0 A 25.0 A 25.0 EB LOS A C C WB/LTR A 1 5.0 A 25.0 A 1 25.0 WB LOS A A A NB/L C 25.0 C 33.0 D 63.0 NB/T C 85.0 C 335.0 C 274.0 NB/TR NB LOS C C C SB/L A 25.0 B 25.0 B 25.0 SBrf Lane I B 204.0 B 321.0 C 378.0 SB/T Lane 2 SB/R A 25.0 A 25.0 A 88.0 SB LOS B A B Overall LOS B B C Coverstone Drive & Driveway 2 Unsignalized EB/L B 25.0 D 44.0 D 59.0 EB/TR - - - WB/LTR A 25.0 B 25.0 B 25.0 NB/L A 25.0 A 25.0 1 A 25.0 NB/T - - ? IBrfR SB/L A 25.0 A 25.0 A 25.0 SBrr Lane 1 SBrf Lane 2 SB/R - - - Coverstone Drive & Driveway 3 Unsignalized WB/LR B 25.0 C 49.0 B 25.0 NB/T - - - NB/T•R SB/L A 25.0 A 25.0 A 25.0 SB/T Lane 1 SBrf Lane 2 Coverstone Drive & Tazwell Drive Signalized EB/L. A 30.0 C 88.0 B 235.0 EB/T Lane 1 B 31.0 B 25.0 B 25.0 EB/T Lane 2 EB/R A 1 48.0 A 25.0 A 25.0 EB LOS A B B WB/L A 25.0 C 128.0 D 99.0 WB/T Lane 1 A 25.0 C 58.0 B 36.0 WB/T Lane 2 RB/R A 25.0 A 124.0 A 25.0 NAB LOS A C B NB/L C 70.0 D F 200.0 C 58.0 NBrrR A 25.0 A 1 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 L: Left, T:Thru, R: Right PH'-�+-A A Tra(rc hnpact Analysis of Governors mb : 13415-1-3Project Number: 13415-1-3August 14, 2008 Page 50 Tu1,ln nl, Governors Hill Development Levels of Service and Back of Queue (95%,) Results Scenario #2 - Phase 2 2025 Build -out Traffic Conditions (with Assumed imm•ovenlents) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized EB/LT C 25.0 C 25.0 D 25.0 EB/R C 25.0 A 25.0 D 25.0 EB LOS C C D N%B/L D 109.0 D 205.0 E 311.0 WB/LT D 110.0 D 209.0 E 314.0 \\B/R B 31.0 A 63.0 B 105.0 WB LOS C C D NB/L A 25.0 C 25.0 1 D 25.0 NB/T Lane I B 196.0 C 327.0 D 346.0 NB/r Lane 2 NB/TR NB LOS B C D SB/L C 120.0 D 308.0 D 790.0 SB/T A 174.0 B 223.0 A 135.0 SB/TR 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 EB LOS B D D NB/L A 25.0 C 161.0 D 214.0 NB/r A 25.0 C 1246.0 C 1056.0 NB LOS A C C SB/T Lane 1 A 135.0 B 247.0 II 260.0 SB/T Lane 2 SB/R A 25.0 A 25.0 A 25.0 SB LOS A B B Overall LOS A C C Route 50 & Prince Frederick Drive/Custer Avenue Si:nalized EB/L B 32.0 F 276.0 E 150.0 EB/r Lane I C 243.0 C 211.0 D 173.0 EB/r Lane 2 EB/R Lane 1 A 25.0 A 25.0 A 39.0 EB/R Lane 2 EB LOS B C B N B/L C 78.0 C 52.0 D 277.0 N B/r B 189.0 E 542.0 C 351.0 WB/TR WB LOS B D C NB/L Lane 1 D 94.0 E 475.0 D 370.0 NB/L Lane 2 NB/TR 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 D D Overall LOS C D C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Traffic Impact Anah�sis of Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 51 n Table 9b (continued) Governors Hill Development Levels of Service and Back of Queue (95%)) Results Scenario #2 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour I'M Peak Hour SAT Peak rIour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Inverlcc Way Unsignalized EB/T Lane I EB/T Lane 2 WB/r Lane I WB/T Lane 2 W B/R SB/R Route 50 & Coverstone Drive/Sulphur Springs Road Signalized EB/L Lane I C 37.0 F 162.0 D 172.0 EB/L Lane 2 EB/r Lane I B 104.0 C 326.0 D 261.0 EBlr Lane 2 EB/R A 25.0 A 25.0 A 25.0 EB LOS B D D WB/L Lane I D 110.0 D 256.0 E 281.0 WB/L Lane 2 WB/T Lane I B 131.0 D 562.0 D 179.0 WB/T Lane 2 WB/R A 25.0 B 176.0 A 41.0 WB LOS C D D NB/L C 51.0 C 205.0 C 266.0 NB/TR A 25.0 D 584.0 C 337.0 NB LOS B D C SB/L D 187.0 F 146.0 F 207.0 SBrr C 106.0 C 174.0 C 203.0 SB/R. A 37.0 A 44.0 A 56.0 SB LOS C D C Overall LOS C D C Route 50 & Victory Road Signalized EB/L A 25.0 B 27.0 A 25.0 EBrr Lane 1 A 25.0 A 140.0 A 25.0 EB/f 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 WB/T A 87.0 A 366.0 A 165.0 WB/TR WB LOS A A A NB/LTR D 1 77.0 D F 142.0 D 1 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 PH R+A * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Tra(rc Impact Analysis of Governors I-IiII Development Project Number: 13415-1-3 August 14, 2008 Page 52 11 Table 9c Governors Hill Development Levels of Service and Back of Queue (95'%,) Results Scenario #3 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of 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 109.0 D 205.0 E 280.0 WB/LT D 109.0 D 209.0 E 282.0 WB/R A 25.0 A 37.0 A 112.0 NVB LOS C C D NB/L A 25.0 C 25.0 D 25.0 NB/r Lane 1 B 195.0 C 338.0 D 309.0 NB/T Lane 2 NBITR NB LOS B C D SB/L. D 116.0 D 297.0 D 712.0 SB/T A 166.0 B 223.0 A 131.0 SBII•R SB LOS B B C Overall LOS B C D Prince Frederick Drive & Costello Drive Signalized EB/L. E 80.0 E 143.0 E 127.0 EB/R A 56.0 A 1 50.0 B 142.0 EB LOS B C C NB/L A 38.0 A 91.0 B 96.0 rB/T A 53.0 A 435.0 A 141.0 NH LOS A A A SBrrR A 1 235.0 B 390.0 B 1 630.0 SB LOS A B B Overall LOS A B B Route 50 & Prince Frederick Drive/Custer Avenue Signalized ` EB/L B 28.0 F 198.0 D 125.0 EBIT Lane 1 D 444.0 C 412.0 D 498.0 EB/T Lane 2 EB/R A 25.0 A 25.0 A 86.0 EB LOS C C C WB/L. D 124.0 C 64.0 1 D 221.0 WB/T B 127.0 D 729.0 C 406.0 WB/TR WB LOS B D C NB/L Lane 1 D 57.0 E 363.0 D 274.0 NB/L Lane 2 NB/TR C 62.0 C 166.0 A 36.0 NB LOS C D C SB/LTR D 204.0 D 146.0 D 150.0 SB LOS D D D Overall LOS C D C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right PFPA Tra(tc Impact Annfisis GoveriiorsN Hill DevelopmentProject Number: 13415-I-3 August 14, 2008 Page 53 Table 9e (continued) ' Governors Hill Development Levels of Service and Back of Queue (95'%,) Results Scenario #3 - Phase 2 2025 Build -out Traffic Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour I'M Peak Hour SAT Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Inverlee way/ Coverstone Drive Signalized EB/L A 25.0 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 RB/L C 276.0 D 397.0 E 688.0 WB/T Lane 1 A 242.0 B 148.0 A 121.0 N B/T Lane 2 WB/R A 25.0 A 25.0 A 25.0 R'B LOS I B C C NWL D 100.0 D 272.0 E 396.0 NB/LT D 100.0 D 273.0 E 396.0 NB/R B 46.0 A 86.0 A 93.0 NB LOS D C D SB/LTR C 84.0 D 1 63.0 C 1 69.0 SB LOS C D C Overall LOS B C D Route 50 & Tazewell Drive/Sulphur Springs Road Signalized EB/L A 25.0 E 274.0 C 102.0 EB/T B 427.0 B 105.0 B 81.0 EB/IR EB LOS A C B WB/L A 46.0 C 242.0 C 270.0 WB/T Lane 1 B 251.0 D 661.0 D 352.0 WB/T Lane 2 `VB/R A 44.0 B 177.0 B 56.0 N � B LOS B D C NBIL D 63.0 D 123.0 D 151.0 NB/TR B 88.0 E 364.0 D 262.0 NB LOS C D D SB/L E 220.0 F 141.0 F 209.0 SB/f 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 Route 50 & Victory Road Signalized 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 WB/T A 91.0 A 366.0 A 168.0 WB/TR RB LOS A A A NB/LTR D 1 93.0 D 142.0 D 1 77.0 NB LOS D D D SB/LTR C 1 25.0 A F 25.0 A 1 25.0 SB LOS C A A Overall LOS A A A 1 PHPl� 1 * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Tragic Impact Anal )s1 Is o[Governors Hill Development Project Number: 13415-1-3 August 14, 2008 Page 54 11 11 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 Syncliro 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 1 (2015) • Route 50/hiverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane and right -turd lane, two (2) westbound left -turn lanes and 4th leg in northbound direction will be required. • Route 50/Victory 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) ➢ "Proposed Scenario - Scenario #1 (access via Coverstone Drive opposite Inverlee Way): • 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 -turn lane, two (2) westbound left -turn lanes, and 4th leg in northbound direction will be required. • Route 50/Sulphur Springs Road: One southbound left -turn lane will be required. • Route 50/Victory Road: Signalization will be required. II PHPl� 1 A Traffic Impact Analysis ofGovernors ]-Hill Development Project Number: 13415-1-3 August 14, 2008 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 via 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 -turn lane will be required. • Prince Frederick Drive/Costello Drive: Signalization, one northbound left -turn lane, one southbound through lane as well as one right -turn lane will be 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 4th leg in northbound direction will be required. • Route 50/Victory Road: Signalization will be required. ➢ VDOT/County Requested Scenario #3 (access via Coverstone Drive & Tazewell Drive): • 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/Inverlee Way/Coverstone Drive: Signalization, one eastbound left - turn lane, one eastbound right -turn lane, one westbound left -turn lane and 4th 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 4th 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. PH A Trnf�c hnpnct Analysis of GoiernorsojcctN nib ref 3415-1-3elopment Project Number: 13415-1-3 August 14, c 56 Page 56 Table 10 Summary of Results 2025 ffidid-nut Trnfflr Conditions No. Intersection Direction Im rovenlents required to maintain overall LOS "D" or better "Proposed Scenario" -Scenario Nr "VDOT/County Requested" Scenario 02 "VDOT/Count• Requested" Scenario 113 Eastbound - - I rieht-turn lane I Route 50/1"ince Frederick We nbomtd - - Drive/Custer Avcnu Northbound - I IeR-Item lane. re -sniping - I IeR-tutu lane. rc-striping - I left -turn lane. —striping Souhbound - - Eastbound Prince Frederick Westbound 2 Drivc/Costello Drive Northbound - I IeR-Item lane Sienalization - 1 IeR-tutu Ianc Signalization - 1 IeR-Item Ianc Signaliz:nion S-Ildnn nd - I riglu-rum Ianc - I tlnough lane & righl-turn Ianc - Eastbound - I tell & right -tutu lane - I IcR-mm & right -turn Ianc Route 50/Inverlee Westbound -21cR-tuna lanes - I Icn-tutu lane 3 Way/C.—stone Sigrulizauon -No lmp—tanents Signalization Drive Northbound -4dr leg -40r leg Southbound - Eastbound - - 1 IeR-tutu & ighl-turn lane Route 50/Sulphur Westbound - -21cR-turn lanes - I IeR-tutu lane 4 Springs Road Northbound - -4dr leg -40, kg Somhbeuid - I IeR-tam lane - 1 IeR-mnI & I right-wnt lane - I IcR-tam & right -tam lane Eastbound Route SONietory Westbound - 5 Road Northbound - Sigualization Signalization Signalimtion Southbound - Eaubound Route 522/Costello Westbound 6 No lmpmvancnls No lmprovcmcnts No lmprovcmcnts Drive Northbound Southbound Eastbound Covcrstonc Westbound 7 DrivefDriveway kl Northbound New lnterscclion Signalizauon -N/A -N/A Southbound Eastbound Covcrstonc Westbound g DrivcfDrivcway �2 Northbound New lnicrseetion -N/A -N/A Soudrbuund Westbound 9 rston Northbound New lnte riot -N/A -N/A DrivCeov/Dreivmoaey ,3 Southbound Eastbound Covcrstonc Westbound 10 -Nex•Intersection Signalizadon -N/A -N/A Drive/T—ell Drive Notdtbound Soudibound 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 aligmnent 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 project 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 Development Project Number: 13415-1-3 August 14, 2008 Page 57 318 ;. A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, March 14, 2007, at 7:1 5 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice -Chairman Gene E. Fisher; Charles S. DeHaven, Jr.; Gary W. Dove; Bill M. Ewing; Philip A. Lemieux; and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Bobby Alger, Crossroads Community Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice -Chairman Fisher led the Pledge of Allegiance. Chairman Shickle took a moment to recognize the members of Cub Scout Pack 62, Greenwood Fire Hall, who were in attendance as part oftheir communication's badge requirements. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. added the minutes from the March 8, 2007 budget worksession to the agenda for approval. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following items for the Board's consideration under the consent agenda: — Proclamation Re: Designate April 13-21, 2007 as disAbility Awareness Week- Tab D; — Proclamation Re: Designate April 19-22, 2007 as KOVAR Weekend (The Knights of Virginia Assistance for the Retarded) - Tab E; Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 319 — Proclamation Re: Designate April 8-14, 2007 as National Telecommunicator's Week - Tab F; — Public Works Committee Report - Tab H; — Transportation Committee Report - Tab J. Upon a motion by Supervisor DeHaven, seconded by Supervisor Dove, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten requested clarification of the standards the Board follows regarding votes. She specifically wanted to know when it was appropriate to have a roll call, voice, or consensus vote. Chairman Shickle advised that he would meet with the chairmen of each committee to set a procedure. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the February 14, 2007 meeting with a correction to page 19. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the February 20, 2007 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye !Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 320 Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the February 29, 2007 meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the March 8, 2007 worksession. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COUNTY OFFICIALS RESOLUTION 4053-07 IN MEMORIAM OF LT. COL. WILLIAM S. ZIRKLE SCHOOL BOARD MEMBER FREDERICK COUNTY VIRGINIA - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved a resolution in memoriam of Lt. Col. William S. Zirkle: WHEREAS, Lt. Col. William S. Zirkle served the citizens of Frederick County, Virginia, for eight (8) years as a member of the Frederick County School Board, said tenure being 1979-1987; and WHEREAS, Mr. Zirkle served as the Gainesboro District representative to the School Board; and WHEREAS, during his service, Mr. Zirkle served as Vice -Chairman of the School Board; and WHEREAS, Mr. Zirkle will be remembered as a man who possessed the highest devotion to duty and represented the citizens and the County with dignity, dedication, and wisdom. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 321 Supervisors extends its deepest sympathy to the family ofLt. Col. William S. Zirkle, a conscientious and respected public servant. BE IT FURTHER RESOLVED, that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this veteran/citizen legislator and that a true copy of this resolution be presented to his family. ADOPTED this 14th day of March, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE APPOINTMENTS REAPPOINTMENT OF JOHN V. STEVENS TO THE FREDERICK COUNTY SANITATION AUTHORITY - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board reappointed John V. Stevens to the Frederick County Sanitation Authority. This is a four year appointment, said term to expire April 15, 2011. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PROCLAMATION (#004-07) RE: DESIGNATE APRIL 13-21, 2007 AS disABILITY AWARENESS WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, the United States Congress enacted the Americans with Disabilities Act in 1990, prohibiting discrimination against people with disabilities in employment, public accommodations, transportation and telecommunications; and WHEREAS, the Commonwealth of Virginia enacted the Virginians with Disabilities Act in 1985 to assure equal opportunity to persons with disabilities in the Commonwealth and it is the policy of this Commonwealth to encourage and enable persons with disabilities to participate fully and equally in the social and economic life of the Commonwealth and to engage in remunerative employment; and WHEREAS, people with disabilities often overcome common misunderstandings about their circumstances and make valuable contributions to their families and communities; and WHEREAS, disability is a natural part of the human experience, and individuals with disabilities deserve the same rights as their peers to live independently, enjoy self determination, Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 322 make choices, contribute to society and participate fully in the American experience; and WHEREAS, family, friends and neighbors play a central role in enhancing the lives of people with disabilities, and people with disabilities benefit from having a network of supportive friends and family, accommodating employers and community leaders who are aware of the needs and abilities of Virginians with disabilities; and WHEREAS, millions of people in the United States have disabilities, and with the increasing age of our population, Virginians and Americans must learnmore about the special needs and abilities of this growing population; and WHEREAS, agencies and organizations throughout Virginia participate in disability awareness programs during disAbility Awareness Week to enhance public understanding of and appreciation for the limitations and abilities of people living with disabilities. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim the week of April l 3-21, 2007 as disABILITY Awareness Week and calls this observance to the attention of all our citizens, and urge all residents to honor this occasion. ADOPTED this 14th day of March, 2007. This item was approved under the consent agenda. PROCLAMATION (#005-07) RE: DESIGNATE APRIL 19-22, 2007 AS KOVAR WEEKEND (THE KNIGHTS OF V IRGINIA ASSISTANCE FOR THE RETARDED) - APPROVED UNDER CONSENT AGENDA WHEREAS, some of our most valued citizens, our retarded brothers and sisters, are in need of help from their fellow citizens; and WHEREAS, the 20,000 Knights of Columbus in Virginia, in their charitable and patriotic role as sponsors of KOVAR (The Knights of Virginia Assistance for the Retarded) have donated more than $10,000,000 since 1972 for allocation to 295 ongoing organizations effectively assisting the retarded; and WHEREAS, the efforts of the Winchester Council, Knights of Columbus have resulted in more than $518,000 in grants and interest free loans to the Northwestern Workshop, Grafton School, Robert E. Rose Memorial Foundation, Shenandoah Valley Community Residence, Heart Havens' Home and the Association for Retarded Citizens of Winchester/Frederick County; and WHEREAS, in last years KOVAR Weekend, Virginia Knights and their families raised over $560,223. NOW, THEREFORE, BE IT RESOLVED, the Frederick County Board of Supervisors does hereby proclaim April 19 - April 22, 2007 as KOVAR WEEKEND in Frederick County and urge all citizens of the county to support this worthy cause. ADOPTED this 14th day of March, 2007. This item was approved under the consent agenda. PROCLAMATION (#006-07) RE: DESIGNATE APRIL 8-14, 2007 AS NATIONAL TELECOMMUNICATOR'S WEEK - APPROVED UNDER CONSENT AGENDA WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response ofpolice officers, firefighters Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 323 and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Frederick County Department of Public Safety Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and WHEREAS, Public Safety Dispatchers of Frederick County, Virginia have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Frederick County, Virginia does hereby proclaim the week of April 8-14, 2007 to be National Telecommunicator's Week in Frederick County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. ADOPTED this 14th day of March, 2007. This item was approved under the consent agenda. RESOLUTION 0054-07) APPROVING AMENDED DEED OF LEASE BETWEEN THE COUNTY OF FREDERICK AND THE DEPARTMENT OF MILITARY AFFAIRS FOR THE NATIONAL GUARD ARMORY SITE - APPROVED Administrator Riley advised the revised lease was very similar to the one previously authorized by the Board. The biggest change was the removal of the recreational component from the Deed of Lease, as the Department of Military Affairs stated that such a provision is normally addressed in a Memorandum of Agreement. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution approving the amended deed of lease: WHEREAS, the Board of Supervisors of the County of Frederick, Virginia, met on March 14, 2007; and WHEREAS, the Board of Supervisors considered a Deed of Lease between the County of Frederick, Virginia, and the Commonwealth of Virginia Department of Military Affairs regarding property fo a new National Guard Armory. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, unanimously approves the Deed of Lease between the County and the Commonwealth of Virginia Department of Military Affairs for a 10.13 acre parcel for the new National Guard Armory to be located in Frederick County, Virginia. BE IT FURTHER RESOLVED, that the County Administrator is authorized to execute same on behalf of the County. Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 3241 APPROVED this 14"' day of March, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, February 27, 2007 at 8:00 a.m. All member were present except Jim Wilson. The following items were discussed: ***Items Not Requiring Action' 1. Greenwood Convenience Site The Greenwood Convenience site had been slated for closure on or about April 1, 2007, as a result of a previous request from the Greenwood Fire Hall to terminate the current lease agreement. However, as a result of pub] is demand, the Greenwood Volunteer Fire and Rescue Company, Inc., in a letter dated February 8, 2007 (Attachment #1), has requested that the site remain open to serve the local community. Because the site had been slated for closure in this fiscal year, the costs associated with the operation of the site had not been included in the proposed Fiscal Year 07/08 Budget. Therefore, it was necessary to prepare a supplemental budget to augment the refuse and collection budget. The attached memorandum dated February 15, 2007 outlines the costs which total $98,104.00. After discussing the issue at length, a motion was made by George Ludwig and seconded by Phil Lemieux to approve the supplemental Fiscal Year 07/08 budget request of $98,104.00, notify the public about alternative means of collection and disposal such as private haulers and the new landfill convenience site and to work with Virginia Department of Transportation (VDOT) to improve the sight distance at the intersection at Sulphur Springs Road and Greenwood Road. The motion was unanimously approved by the committee. It should be noted the supplemental budget request does not include the cost of leasing or purchasing the existing Greenwood site. 2. Proposed Revisions to Erosion and Sediment Control Ordinance The attached memorandum (Attachment #2) from Joe C. Wilder, Deputy Director of Public Works, dated February 21, 2007, highl fights proposed revisions to the Frederick County Erosion and Sediment Control Ordinance - Chapter 79. The committee recommended that a subcommittee be formed to review the revisions in detail and report to the full committee with recommendations. The following personnel will serve on the committee: Phil Lemieux, Joe Wilder, Mark Cheran, Zoning Administrator, and Ivan Snapp, representing the Top of Virginia. 3. Revised Site Development Guarantee Estimate In addition to the revisions to the ordinance, staff is recommending changes to the site development guarantee estimate (Attachment 93) which is used to establish bonding for Land Disturbance Permits. The committee recommended that this revised estimate form be referred to the subcommittee reviewing the revisions to the E & S. ordinance. Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 325 4. Update on Phase II, Stormwater Permits The Frederick County Public Works Department received a letter from DCR (Attachment #4) indicating that Frederick County currently does not qualify for Phase II stormwater permitting. Because Frederick County does not own, operate, or maintain drainage systems, we are not required to obtain a Phase II permit. However, in the future, if Frederick County assumes ownership or maintenance responsibilities for storm drainage systems within the urban development area, we will be required to obtain a Phase II permit. 5. Discuss Utilities at the New Animal Shelter The Director of Public Works presented preliminary data related to the utility bills at the new animal shelter. During the month of January 2007, we generated an electric bill and gas bills equal to S1,575.00 and $3,750.00, respectively. We considered these bills to be uncharacteristic for a facility of this size (13,000 square feet). Mr. Whit Wagner volunteered to work with the staff to evaluate the systems and strive to improve efficiency, thereby lowering utility costs. The staffplans to make this a priority item and will continue to carefully monitor the utility usage over the next six months. A supplemental appropriation may be required to cover the costs in this line item. 6. Illegal Off Premise Sign and Litter Removal As a result of the direction from the Board of Supervisors, our staff has been assisting the Planning Department in their efforts to curb the proliferation of illegal off premise signs littering the county's roadways. The attached memorandum (Attachment #5) summarizes these efforts. The staff indicated that several national builders are continuing their efforts to post advertising signs within VDOT's right-of-ways. The committee encouraged staff to take whatever action was necessary to eliminate the proliferation of illegal off -premise signs. 7. Convenience Site Openings on Wednesdays Mr. Gary Dove requested that consideration be given to opening the convenience sites seven day a week. Excluding the landfill, all county sites are closed on Wednesdays to facilitate maintenance. In anticipation of this request, staff prepared an estimate of costs required to operate sites on Wednesday. The attached memorandum (Attachment #6) dated February 22, 2007, outlines the costs and highlights the pros and cons of Wednesday operational hours. After discussing the advantages and disadvantages of Wednesday hours, the majority of the committee voted to keep the sites closed. Mr. Dove was the only dissenting vote. 8. Miscellaneous Reports: (a) Tonnage Report: Landfill (Attachment 7) (b) Recycling Report (Attachment 8) (c) Animal Shelter Dog Report (Attachment 9) (d) Animal Shelter Cat Report (Attachment 10) PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Wednesday, February 20, 2007. Committee members present were: Committee Chair Barbara Van Osten, Gary Dove, John Riley, Gene Fisher, Fire & Rescue Association President Mike Cline, Fire & Rescue Director Gary DuBrueler, Carolyn Glaize, and Michael Hockman. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Willie Dembeck, Frederick County EMS Council, Christina Franchok, Frederick County Fire & Rescue Volunteer Coordinator, and former Fire & Rescue Association President Hans Nydam. The following items were discussed: Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 326 ***Items Requiring Action*** 1. EMS Fee for Service Committee members were given a copy of the Final Report, Frederick County, V.4, EMSFee for Service Facilitation to review. John Riley stated the County has been looking at alternative ways to fund the increasing demand for EMS service in Frederick County. The Board previously authorized the employment of Springsted and Associates to facilitate some discussion and do research on the fee for service program. A representative from each Fire & Rescue company, staff, and supporting Board members attended a series of meetings to discuss how the service would be implemented. The question of the allocation of revenues between the County and Fires & Rescue companies remains. Barbara Van Osten felt the meetings were productive. Carolyn Glaize stated the report does not mention whether the surrounding areas, which have implemented this fee, had any repercussions on donations for fire companies. Michael Hockman stated the areas to the East and West of the County, which have implemented the fee, have not lost Community donations; however, their biggest problems were collections. John Riley stated if the Committee recommends that we move further, we have the City of Winchester's year of experience to judge from for more research into soft billing, collections, and distribution. Michael Cline's concerns were that there is a lot of research on earnings, but who is paying the fees. Gary Dove stated the insurance companies have this coverage in their policies. Unless implemented, Frederick County residents will be paying for rate increases and not getting the benefit. If the City runs a mutual aid call within the County , the citizen is being charged this fee. Barbara Van Osten stated that fee for service has been an issue for some time now. She felt the report was done in a professional manner and was not directed toward a specific outcome, but look at how funds will be distributed. Former President of the Fire & Rescue Association, Hans Nydam, read a statement of his concerns regarding the EMS Fee for Service. He made reference to this being brought before the Fire & Rescue Association and the Public Safety Committee in past years and being voted down. The areas of concern mentioned were: — Collection and distribution of fees. — Loss of donations to the Companies. — Loss of volunteers — Impact of fees on elderly — As well as other noted subjects. Mr. Riley stated we would keep Mr. Nydam informed of any further action.. Gary Dove asked what options the Board has at this time. He stated that if the Board moves forward they will have to study all costs involved, collection, and distribution of funds, and a public hearing will have to be held. All revenues will go to the General Fund and then be distributed. Gene Fisher made a motion to forward the Fee for Service to the Board for further study, and was seconded by Michael Hockman, all members unanimously improved. This is not a recommendation to approve or disapprove. Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board voted to further study the Fee for Service proposal. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 327 Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye The Board consensus was for the Board representatives to the Public Safety Committee to form an ad hoc committee to further study the Fee for Service proposal and make a recommendation to the Board. 2. Hazard Mitigation Plan The Hazard Mitigation Act of 2000 requires states to have a mitigation plan in place in order to receive federal funds in case of a disaster. The plan helps local governments determine their risks and vulnerabilities, and to identify projects to reduce these risks. Frederick County worked with Dewberry Consultants and the Planning District to create a regional plan, which includes all areas within the Planning District. The following is used to rank each jurisdiction for preparedness planning. Hazard Identification and Risk Assessment Identification of hazards that could affect the Northern Shenandoah Valley Profile of hazard events and determination of what areas and community assets are the most vulnerable to damage from these hazards Estimate of losses and prioritization of potential risks to the community. Capability Assessment Evaluates the current capacity of the communities of the Northern Shenandoah Valley to mitigate the effects of the natural hazards identified in the Hazard Identification and Risk Assessment. Mitigation Strategy Community Awareness • Encourage leadership within public and private sector organizations to prioritize and implement local, county, and regional hazard mitigation activities as a public value. • Establish cooperative relationships between the public, private, and non-profit sectors to enhance our preparedness, response, recovery, and mitigation for hazard events. • Support pre -disaster mitigation and remedial efforts, should damage from a natural hazard event occur. • Introduce hazard awareness and risk reduction principles into the community's daily activities, processes, and functions. • Develop and implement education and outreach programs to increase public awareness of the risks associated with natural and man made hazards. • Improve community education and communication as they relate to disasters. • Local Capacity • Assess the extent of our vulnerability to natural and man-made environmental hazards. • Enhance the capabilities of local government to lessen the impacts of future disasters. • Improve hazard assessment information to make recommendations to discourage new development and encourage preventative measures for existing development in areas vulnerable to natural and man-made hazards. Minute Book number 32 Board of Supervisors Regular Meeting of 03/14/07 a2$I Leverage additional federal, non-federal, and state resources in meeting natural disaster resistance goals. Encourage scientific study of natural and man-made hazards and the development of data to support mitigation strategies for those hazards that are a threat to the region and localities within. • Property Protection • Minimize the impact of natural and man-made hazards on property with the region and localities within and promote future disaster resistant development. • Protect new and existing public and private infrastructure and facilities from the effects of natural and man-made hazards. • Reduce damage to personal and public property, including critical facilities. • identify and protect critical services, building, facilities, and infrastructure at risk to natural and man-made hazards and undertake cost-effective mitigation measures. • Public Safety • Enhance the safety of residents and businesses by protecting new and existing development from the effects of natural and man-made hazards through efficient policies and procedures. • Ensure public health and safety within the region and localities within before, during, and following hazardous events. • Protect the citizens to the best of our abilities from natural and man-made environmental hazards to reduce the loss of life and personal injury. • Create coordinated regional emergency response criteria to establish services through the use of federal, state, regional, and local resources utilizing a regional reciprocating agreement. This plan symbolizes the continued commitment and dedication ofthe Northern Shenandoah Valley's local governments and community members to enhancing the safety of residents and businesses by taking actions before a disaster strikes. Although nothing can be done to prevent natural hazard events from occurring, the region is now poised to minimize the disruption and devastation that so often accompanies these disasters. Dewberry used a checklist to rank each jurisdiction, Frederick County ranked high for having numerous plans in effect. This does not make us cligible for more funding. Consultant information was based on past incidents and historical data. Gary DuBrueler has provided the Committee with a copy of this report. All jurisdictions and localities must have a public hearing with public input, and then adopt a resolution to be provided to the Federal Government in order to complete the process. Preliminary acceptance has been received at this time. The last step in finalizing the plan is to have each jurisdiction and locality adopt the plan. Gary Dove made a motion for the consideration of resolution approval, and public hearing, for the Northern Shenandoah Valley Multi -Jurisdictional Hazard Mitigation Plan and was seconded by Carolyn Glaize, all members unanimously approved. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board sent the Hazard Mitigation Plan forward for public hearing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 329 Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Old Business: No items were discussed at this time. Meeting Date: The next Public Safety Committee meeting will be scheduled as needed. TRANSPORTATION COMMITTEE REPORT - APPROVED UNDER CONSENT AGENDA The Transportation Committee met on Monday, February 26, 2007 at 8:30 a.m. Members Present Members Absent Chuck DeHaven (voting) Donald Breeden (liaison) Phil Lemieux (voting) Mike Smith (voting) James Racey (voting) George Kriz (liaison) Lewis Boyer (liaison) None ***Items Requiring Action*** ***Items Not Requiring Action' 1. Rural Roadways Ranking Svstem Staff implemented and presented the changes requested by the Committee at their meeting on January 29, 2007. The Committee asked that staff prepare red line versions of the project scoring sheet and policy document to bring back to the Committee at their March 26, 2007 meeting for final review. 2. Transportation, Community, and System Preservation (TCSP) Program Grants Staff presented three grant projects totaling $2.5 million for recommendation of endorsement by the Committee. They were as follows: A. Tevis Street Extension B. Senseny Road C. Fox Drive intersection with Route 522 These are all projects from the Secondary Road Improvement Plan for which funding has not yet been secured. Staff also sought a recommendation from the Secondary Road Improvement Plan for which funding has not yet been secured. Motion: Mr. Lemieux, seconded by Mr. Racey To recommend Board of Supervisors endorsement of the grant projects. Motion passed unanimously. Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 330 3. Metropolitan Planning Organization (MPO) Activity Update 1. Bicycle & Pedestrian Mobility Plan No additional meetings have taken place or been scheduled. 2. Local Assistance Projects The Subcommittee in charge of these projects, which includes Supervisors and Transportation Committee Chairman Chuck DeHaven and Transportation Planner John Bishop, has held the kickoff meeting for the Route 37 interchange study and the Route 11 access management study. Staff is now working to compile data required by the consultant for the studies. 3. Multimodal Corridor Studies The MPO policy committee has not yet acted upon these applications, but is expected to do so at their meeting on February 21, 2007. 4. Transportation, Community, and System Preservation (TCSP) Program Grants As mentioned in an earlier agenda item, the MPO is going to be making applications for this federal program for Eastern Route 37 environmental and preliminary engineering work. 5. Staffing Staff has recently learned that the Executive Director (Mr. Stephen Kerr) ofthe Northern Shenandoah Valley Regional Commission is resigning effective March 2" d. Mr. Kerr acts as primary staff person for our MPO activities. County staff is sure that, though locality staff may need to take an increased role in managing ongoing efforts listed above, they will not be allowed to fall behind. This item is for information and discussion. No action is required. 4. Article Distribution Staff regularly disseminates transportation related items from state and nationwide outlets to the Committee for informational purposes. 5. Other Business In other business, the Committee directed staff to work with VDOT to bring forth a recommendation for improvements to Welltown Rd where it intersects with Route 11. PUBLIC HEARING PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REQUEST OF BELLE GROVE PLANTATION "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE, CHAPTER 86 FESTIVALS; SECTION 86-3 C, PERVIIT REOUIRED• APPLICATION• ISSUANCE OR DENIAL; FOR AN OUTDOOR FESTIVAL PERMIT FESTIVAL TO BE HELD ON SATURDAY. MAY 12, 2007, FROM 12.00 NOON TO 6:00 P.M.; ON GROUNDS OF BELLE GROVE PLANTATION 226 BELLE GROVE ROAD, MIDDLETOWN, VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 331 Administrator Riley advised this was a request from Belle Grove Plantation for the "Of Ale and History" event to be held on the grounds of Belle Grove on May 12, 2007 from 12:00 p.m. to 6:00 p.m. He stated that all of the items have been addressed by the applicant. Chairman Shickle convened the public hearing. Elizabeth McClung, Executive Director of Belle Grove, stated this was the 12"' annual event and requested approval of the application. There being no further public continents, Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor DeHaven, the Board approved the Outdoor Festival permit for Belle Grove "Of Ale and History". The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING TAX EXEMPT STATUS REQUEST FROM THE NATURE CONSERVANCY A NON-PROFIT VIRGINIA ORGANIZATION TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITHIN THE CONTEXT OF§6(a) (6) OF ARTICLE X OF THE CONSTITUTION OF VIRGINIA THE PROPERTY SUBJECT TO THE REQUEST HAS A 2006 ASSESSED REAL ESTATE VALUE OF $757 500 00 AND WAS TAXED $3,976.88 - (RESOLUTION #050-07) -APPROVED Administrator Riley advised this was a request by the Nature Conservancy for the Board to consider a tax exempt resolution. The exemption would cover 11 parcels totaling 110 acres located on Rector's Lane in the Back Creek District. The applicant has met all of the requirements. The amount of exemption is S757,500 and taxes of S3,976.88 with no land use. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded Supervisor Fisher, the Board approved the tax exempt request. WHEREAS, The Nature Conservancy, a non-profit organization, has requested the Board of Supervisors of the County of Frederick, Virginia, to grant its request for a tax exemption pursuant to Article X § 6(a) (6) of the Constitution of Virginia for certain property owned by said organization in the County of Frederick; and Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 WHEREAS, the property is comprised of 11 parcels totaling 110 acres and is located on Rectors Lane, North of Middletown, Virginia, in the Back Creek Magisterial District (Property ID Numbers 83-2-1; 83-2-2; 83-3-3; 83-2-4; 83-2-5; 83-A-61; 83-A-61C; 83-A-61D; 83-A-61E; 83-A- 61F; and 83-A-61G). The property has a 2006 assessed value of $757,500.00 and was taxed $3,976.88 in county real estate taxes; and WHEREAS, the Board of Supervisors examined and considered the provisions of Section 58.1-3651 (B) of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby supports, pursuant to Article X, §6 (a) (6) of the Constitution of Virginia, to provide: 1. That The Nature Conservancy is classified and designated as a charitable and benevolent organization pursuant to the Code of Virginia, Section 58.1-3651 (A); and 2. That property owned by The Nature Conservancy and used by it exclusively for charitable and benevolent purposes on a non-profit basis is determined to be exempt from taxation, state and local, including inheritance taxes. ADOPTED this 14`h day of March 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING -PROPOSED SCHOOL BOND FINANCING BY THE COUNTY OF FREDERICK VIRGINIA THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA (THE "COUNTY") WILL HOLD A PUBLIC HEARING 1N ACCORDANCE WITH SECTION 15.2-2606 OF THE CODE OF VIRGINIA 1950 AS AMENDED ON THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS (THE `BOND") OF THE COUNTY IN THE ESTIMATED MAXIMUM AMOUNT OF $4,580,000 TO FINANCE CERTAIN CAPITAL PROJECTS FOR PUBLIC SCHOOL PURPOSES. A RESOLUTION 005107) AUTHORIZING THE ISSUANCE OF THE BOND WILL BE CONSIDERED .BY THE BOARD OF SUPERVISORS AT THE MEETING ON MARCH 14, 2007. - APPROVED Administrator Riley advised this was a bond application in the amount of $4,580,000 for the construction of the replacement Gainesboro Elementary School. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board approved the issuance of General Obligation School Bonds in the amount of $4,580,000. Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 333 WHEREAS, the Board of Supervisors (the "Board") of the County of Frederick, Virginia (the "County") has determined that it is necessary and expedient to borrow in an amount not to exceed $4,580,000 and to issue its general obligation school bands to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on March 14, 2007 on the issuance of the bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of Virginia of 1950, as amended ("Virginia Code"). WHEREAS, the School Board of the County has requested, by resolution, the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the objective of the Virginia Public School Authority (the VPSA) is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in requiring the County to accept a discount, given the VPSA Purchase Price Objective and market conditions, under which circumstance the proceeds from the sale of the Bonds received by the County will be less than the amount set forth in paragraph 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA- 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation school bonds of the County in the aggregate principal amount not to exceed $4,580,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price determined by the VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form on file with the County Administrator, which form is hereby approved ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof, shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2007" (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning January 15, 2008, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be no more than ten one -hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that the true interest cost of the Bonds does not exceed six percent Minute Hook Number 32 Board of Supervisors Regular Meeting of 03/14/07 334 (6%) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment-, Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds; and (c) U.S. Bank National Association, Richmond, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2017, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2017 are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2017 and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2017 are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2017 upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2017 to July 14, 2018, inclusive ....................... 101% July 15, 2018 to July 14, 2019, inclusive ......................... I....... 100.5 July 15, 2019 and thereafter ..................................... 100; Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. The County Administrator is authorized to approve such other redemption provisions, including changes to the redemption dates set forth above, as may be requested by the VPSA. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 335 of the County thereto. The manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, and the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, and the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate; Non -Arbitrage Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non -Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and the County shall comply with the covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non -Arbitrage Program: Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non -Arbitrage Program in connection with the Bonds. The County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them may designate, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board and the County Administrator, or either of them, and such officer or officers of the County as either of them may designate are hereby authorized and directed (i) to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as maybe necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of the County of Frederick, Virginia, Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 336 hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board of Supervisors held on March 14, 2007, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. WITNESS MY HAND and the seal of the Board of Supervisors of the County of Frederick, Virginia, this 14th day of March, 2007. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSYNESS PUBLIC HEARINGS PUBLIC HEARING - REZONING #18-06 OF WOODSIDE COMMERCIAL CENTER, SUBMITTED BY GREYWOLFE, INC. TO REZONE 8.835 ACRES FROM RA (RURAL AREAS) DISTRICT TO B-3 (INDUSTRIAL TRANSITION) DISTRICT WITH PROFFERS FOR COMMERCIAL AND INDUSTRIAL USES. THE PROPERTY IS LOCATED ON THE EAST SIDE OF ROUTE 11, APPROXIMATELY 3,000 FEET NORTH OF HOPEWELL ROAD (ROUTE 672) AND IS IDENTIFIED BY PROPERTY IDENTIFICATION N UMBER 33-A-124A IN THE STONEWALL MAGISTERIAL DISTRICT. - APPROVED WITH AMENDED PROFFER STATEMENT Supervisor DeHaven stated that he had appointed the applicant to the Planning Commission; however, he did intend to participate in the discussion and vote. Planner II Candice Perkins appeared before the Board regarding this item. She advised this was an application to rezone 8.835 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The property is located in the Stonewall Magisterial District and is also in the Sewer and Water Service Area and Northeast Land Use Plan. The site is designated for industrial uses. Planner II Perkins went on to say that B3 is a heavy business district and allows for a variety of B2 uses, which are not proper for the B3 district. She stated that in addition to the prohibited uses that have been proffered by the applicant, staff recommends additional B2 uses be proffered out of the B3 district. The transportation impact analysis shows failing intersections. She went on to say that the Planning Commission reviewed the application and, at that time, the applicant had proffered S 100 per projected vehicle trip per day to cover off site road improvements; Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 337 however, after discussion with staff and the Planning Commission, the applicant now proffers to provide an engineered road plan for the realignment of Brucetown/Hopewell Roads along with aerial mapping of the Route I I corridor. Planner II Perkins concluded by saying that if this application is approved then the site would develop without transportation improvements. Gary Oates, applicant, appeared before the Board regarding this application. He began by saying that he was requesting B3 zoning for his property and he would not proffer out uses. He believed that the B2 uses allowed in B3 help make up the transition area. He went on to say that the Traffic Impact Analysis does point out a number of improvements; however, the retail component used to compute the figures was a shopping center. He advised that the only retail use would be something like a Home Depot or Lowe's. He stated that the Planning Commission recommended approval based on the proffer of the Hopewell Road plan, but he felt it was not enough so he also proffered the aerial mapping. Mr. Oates offered the following amendment to the proffer statement: "engineering and surveying services will begin prior to the approval of the first site plan or at the request of the Frederick County Planning Director, whichever comes first." Mr. Oates advised that his site does not touch the area that would be impacted by the traffic, as his site is 0.8 miles away. Supervisor DeHaven asked if the reference to the Planning Director in the just offered proffer could be changed to Frederick County. Mr. Oates agreed to the change. Chairman Shickle advised that he liked the cash proffer better than the second offer. Transportation Planner John Bishop stated this application went to the Planning Commission two times. The first time staff and VDOT developed a recommendation on the proffer. Chairman Shickle asked if in lieu of cash someone thought it would be more appropriate for the applicant to proffer off -site improvements? Transportation Planner Bishop stated that the site is impacted by the rezoning. Chairman Shickle asked Mr. Oates if the initial offer was still on the table. Mr. Oates responded that he first offered $100 per trip; however, VDOT was looking for S400 per trip. He stated the entire improvement to the intersection would cost three times what his property is worth. He concluded by saying if the Board wanted to revise the proffers then the application should be tabled. Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 Chairman Shickle convened the public hearing. Fred Stronko, Stonewall District and adjoining property owner, appeared before the Board in opposition to this application. He advised that, in its present form, he disagreed with the application. He stated that he would like to know what is going on and he would like to see the application tabled until he had a better understanding of the proposal. There being no further public comments, Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Van Osten, the Board approved Rezoning #18-06 with the amended proffer that was offered this evening. change. Supervisor Fisher asked if there was a possibility that the proposed intersection design would Transportation Planner Bishop responded that there is always a possibility, but this will be the general alignment. There being no further discussion, the motion was approved by the following recorded vote: Richard C. Shickle Nay Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye PUBLIC HEARING - TRANSPORTATION COMMUNITY AND SYSTEM PRESERVATION (TCSP) PROGRAM GRANTS THE COUNTYIS CONSIDERING SEEKING FUNDING GRANTS FOR TEVIS STREET EXTENSION SENSENY ROAD WIDENING INTERSECTION OF FOX DRIVE AND ROUTE 522 AND EASTERN ROUTE 37 LONG RANGE TRANSPORTATION SYSTEM. - (RESOLUTION #052-07) - APPROVED Transportation Planner John Bishop appeared before the Board regarding this item. He advised this was a Federal Grant program in which localities can compete for a pool of S61 million nationwide. He advised that the County was submitting applications for projects that are less than $1 million. He advised that the program requires a 20% match, which can be provided by cash or in -kind services. Transportation Planner Bishop stated that staff hoped to use proffer and VDOT monies. There are two applications being submitted through the MPO for Eastern Route 37 totaling 11T $3 million for Environmental and Preliminary Engineering. Frederick County is submitting three independent applications for Tevis Street Extension (S1 million), Senseny Road Widening ($1 million), and Intersection of Fox Drive and Route 522 (S500,000). The Transportation Committee Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 339 has endorsed this application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Transportation, Community, and System Preservation (TCSP) Program Grants. WHEREAS, the Transportation Community, and System Preservation (TCSP) Program provides funding for a comprehensive initiative including planning grants, implementation grants, and research to investigate and address the relationships among transportation, community, and system preservation plans and practices and identify private sector -based initiatives to improve those relationships. A 20% match is required from Frederick County; and WHEREAS, Tevis Street Extension, Senseny Road Widening, and the Intersection of Fox Drive and Route 522 are needed improvements in Frederick County; and WHEREAS, Eastern Route 37 is a critical need for Frederick County's long range transportation system; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Department submit an application for funding from the Transportation, Community, and System Preservation (TCSP) Program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby supports the application for the above listed projects from the Transportation, Community, and System Preservation (TCSP) Program. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #10-06 OF GOVERNOR'S HILL - APPROVED Planner Il Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for commercial and 550 residential units. The applicant proffered a generalized development plan as part of the rezoning application. The major roadways are to be constructed and the townhouse roadways do reflect a modification to the layout, but not the proffered generalized development plan. She concluded by saying that the Master Development Plan is consistent with the proffers and land use plan and the Board is being requested to grant staff :Minute Book Number 32 Board of Supervisors Regular .Meeting of 03/14/07 340 administrative authority to approve this plan. Upon a motion by Supervisor Fisher, seconded by Supervisor Lemieux, the Board authorized staff to administratively approve Master Development Plan #10-06. Supervisor Fisher stated that he would like the applicant to request access for Inverlee Way at Route 50 to access Coverstone Drive and ultimately cul-de-sac Coverstone Drive at the intersection of Route 50/Sulphur Springs Road. He stated that the Board would try to work with the applicant to see that it occurs. Chairman Shickle asked staff how the process would work and if it would require only a modification to the master development plan. Director Lawrence responded that he would have to investigate the proffers because the proffers might have to be amended. Administrator Riley stated that if the request occurs the County would expedite the application through the process. vote: There being no further discussion, the above motion was approved by the following recorded Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye i Barbara E. Van Osten Aye BOARD LIAISON REPORTS There were no Board liaison reports. CITIZEN COMMENTS John Lamanna, Shawnee District resident and Chairman of the Frederick County School Board, stated the communication between the two boards has been open, honest, and collaborative, for the most part. The School Board has put forth an honest budget and he wanted to make sure the residents knew that the reduced state and federal funds and unfunded mandates were the reason for the additional local monies requested. He stated that the current local money is 21.6% less than last year and tonight's discussion is desperate. He advised that the School Board began with a request of $12.1 million, but the Board and Finance Committee only funded $4.3 million. He stated that list Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 341 night the School Board reduced the request by $5.2 million, but they still need an additional $2.6 million to cover personnel, growth, and staffing for Gainesboro Elementary School. He went on to say that the funding must be found and the School Board is eager to meet and discuss funding options. Pat Grosso, Red Bud District, appeared before the Board regarding the school budget. She stated that last year at Sherando High School no additional staff were hired and now each math teacher teaches three different math levels and are doing it with class sizes of 28-30 students. She went on to say that teachers were teaching six classes instead of the State mandated five and we need to be in a position to nurture the new teachers. She concluded by saying that this year is difficult because the state money is not forthcoming. Peggy Clark, President of the Frederick County Education Association, stated that if the budget is cut then the School Board will not be able to maintain competitive salaries and class sizes, which will make it difficult to hire new teachers. BOARD OF SUPERVISORS COMMENTS Supervisor Van Osten stated that she was the lone dissenter in the consensus to advertise no tax increase for this year's budget. She reiterated what was said by Dr. Lamanna and the other speakers. She went onto say that what has been seen in the past is the "plugging the dike" scenario; however, with no budget increase, we will see drastic consequences. She concluded by saying that she would like to see the Board work with the School Board to realize the money they need. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (8:20 P.M.) Richard C. Shickle Jo R. Riley, Jr. Chairman, Board of Supervisors Clerk, Board of Supervisors Minutes Prepared By: Q Jay E. Vibbs Deputy Clerk, Board of Supervisors Minute Book Number 32 Board of Supervisors Regular Meeting of 03/14/07 C 139 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, October 12, 2005, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the regular meeting to order. INVOCATION Supervisor Fisher delivered the invocation. PLEDGE OF ALLEGIANCE Vice -Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED AS AMENDED County Administrator John R. Riley, Jr. advised that the lease renewal request for the Department of Historic Resource - Tab G, has been removed from the agenda and will be considered at the October 26, 2005 meeting. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the agenda as amended. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA - APPROVED Administrator Riley offered the following tabs for consideration under the consent agenda: — Request for Installation of "Watch for Children" Signs in Sovereign Village - Tab E; Upon a motion by Supervisor Forrester, seconded by Supervisor Ewing, the Board approved the consent agenda by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 140 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CITIZEN COMMENTS Chairman Shickle informed those present that the Board would waive the Citizen Comment rules for the Master Development Plan #07-05, Stephenson Village thereby allowing those citizens interested in addressing this item to speak at the time it is considered. There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED The minutes from the September 28, 2005 meeting were presented. A typographical error was corrected. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the minutes as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS PRESENTATION OF NATIONAL ASSOCIATION OF COUNTY PARK AND RECREATION OFFICIALS tNACPRO) AWARD TO JIM STUTZMAN Jim Stutzman Chevrolet -Cadillac -Buick was chose Outstanding Contributor for accomplishments in the field of parks and recreation by the National Association of County Park and Recreation Officials. Chairman Shickle and Supervisor Tyler presented, on behalf of the Board, the NACPRO Award to Jim Stutzman. EMPLOYEE OF THE MONTH AWARD FOR OCTOBER 2005 -GENT D. BOYCE - (RESOLUTION #022-05) - APPROVED The Board recognized Gene D. Boycc as Employee of the Month for October 2005. WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and Minute Boot: Number 31 Board of Supervisors Regular Meeting of 10/12/05 141 WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and WHEREAS, Gene D. Boyce, who serves as a Correctional Officer III for the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and WHEREAS, Gene is deserving of special recognition because of the exceptional performance of duty as the NRADC Automated Systems Administrator charged with operating and maintaining the Jail's three major inmate accountability, information, and communications systems. As a result of his dedication, Gene's performance far exceeded the expectations of his supervisors and contributed immeasurably to maintaining the NRADC security system at a reduced cost; and NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 12``' day of October, 2005, that Gene D. Boyce is hereby recognized as the Frederick County Employee of the Month for October 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Gene D. Boyce for his outstanding performance and dedicated service and wishes his continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Gene D. Boyce is hereby entitled to all of the rights and privileges associated with this award. COMMITTEE APPOINTMENTS APPOINTMENT OF TRAVIS SAUNDERS TO FILL THE UNEXPIRED TERM OF BRETT BOYD AS MEMBER -AT -LARGE ON THE HISTORIC RESOURCES ADVISORY BOARD - APPROVED Upon a motion by Vice -Chairman Dove, seconded by Supervisor Forrester, the Board appointed Travis Saunders to fill the unexpired term of Brett Boyd as Member -At -Large on the Historic Resources Advisory Board, said term to expire May 10, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REAPPOINTMENT OF JUNE WILMOT AS SHAWNEE DISTRICT REPRESENTATIVE TO THE PLANNING COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Van Osten, the Board reappointed June Wilmot to serve as Shawnee District Representative on the Planning Commission. This is a four year term, said term to expire November 14, 2009. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 142 Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye REQUEST FOR INSTALLATION OF "WATCH FOR CHILDREN" SIGNS IN SOVEREIGN VILLAGE (RESOLUTION #023-05) -APPROVED UNDER CONSENT AGENDA WHEREAS, the 1997 Session of the Virginia Assembly amended the Code of Virginia adding Section 33.1-210.2 relating to the installation and maintenance of"signs alerting motorists that children may be at play nearby;" and WHEREAS, this act provides for the adoption of a resolution by the governing body of any county requesting the Virginia Department of Transportation to install and maintain this type of sign; and WHEREAS, the source of funding for the installation of this sign shall come out of the secondary system construction allocation to the affected county. The costs of maintaining such sign shall be paid out of the secondary system maintenance allocation to the affected county; and WHEREAS, Wayfaring Drive (Route 1406), Rossman Boulevard (Route 1560), Godwin Court (Route 1561), Dover Drive (Route 1562), Wickham Terrace (Route 1563), Tilford Drive (Route 1564), Monet Terrace (Route 1565), and Van Gough Terrace (Route 1566), are located in a residential area and is within the secondary road system and is a viable candidate for "Watch for Children" signs; and BE IT THEREFORE RESOLVED, the Frederick County Board of Supervisors does hereby request that the Department of Transportation install "Watch for Children" signs specifically at 1406 (Wayfaring Drive) from Rt. 1560 (Rossman Boulevard) to 0.13 miles east of Rt. 1560 (Rossman Boulevard); Route 1406 (Wayfaring Drive) from Rt. 1564 (Tilford Drive) to 0.14 miles east of Rt. 1400 (Morning Glory Drive); Route 1560 (Rossman Boulevard) from Rt. 657 (Senseny Road) to 0.14 miles north of Rt. 657 (Senseny Road); Route 1560 (Rossman Boulevard) from Rt. 1406 (Wayfaring Drive) to 0.27 miles north of Rt. 1562 (Dover Drive); Route 1560 (Rossman Boulevard) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1561 (Godwin Court); Route 1561 (Godwin Court) from Rt. 1560 (Rossman Boulevard) to 0.142 miles east of Rt. 1560 (Rossman Boulevard); Route 1562 (Dover Drive) from Rt. 1560 (Rossman Boulevard) to 0.083 miles east of Rt. 1560 (Rossman Boulevard); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.07 miles north of Rt. 1562 (Dover Drive); Route 1563 (Wickham Terrace) from Rt. 1562 (Dover Drive) to 0.13 miles south of Rt. 1562 (Dover Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles north of Rt. 1406 (Wayfaring Drive); Route 1564 (Tilford Drive) from Rt. 1406 (Wayfaring Drive) to 0.07 miles south of Rt. 1406 (Wayfaring Drive); Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive); Route 1565 (Monet Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles east of Rt. 1564 (Tilford Drive); Route 1566 (Van Gough Terrace) from Rt. 1564 (Tilford Drive) to 0.09 miles west of Rt. 1564 (Tilford Drive). The signs should be placed in accordance with the provisions of Section 33.1-210.2 of the Code of Virginia. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ADOPTED, this 12`' day of October, 2005. This item was approved under the consent agenda. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 143 REQUEST FROM COMMONWEALTH ATTORNEY FOR NEW POSITION - APPROVED The Commonwealth's Attorney requests a General Fund Supplemental Appropriation in the amount of $40,193. This amount represents additional Compensation Board funding for a new position approved by the state and not budgeted by the county in FY 06 budget. No additional local funds required. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the above request by the following recorded vote: Richard C. Shiekle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye MEMORANDUM FROM ASSISTANT COUNTY ADMINISTRATOR RE: LEASE RENEWAL FOR THE DEPARTMENT OF HISTORIC RESOURCES - REMOVED FROM THE AGENDA. WILL BE CONSIDERED AT THE OCTOBER 26, 2005 MEETING. MEMORANDUM FROM DH2ECTOR OF ECONOMIC DEVELOPMENT COMMISSION RE: FY 2005 END OF YEAR REQUEST FOR FY 2006 BUDGET RE: OZONE ACTION COORDINATOR - APPROVED Administrator Riley advised that the Economic Development Commission requests a carry forward of allocated funds in the amount of $67,322.28. These monies represent the balance of the contract with the SHENAIR Institute at James Madison University for ozone action coordination services for Winchester/Frederick County. Upon a motion by Supervisor Ewing, seconded by Supervisor Van Osten, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Wednesday, October 5, 2005 at 9:00 a.m. with the following members present: Gina Forrester, Barbara Van Osten, Verne Collins, Philip Farley, and Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 144 John R. Riley, Jr. Also present were Bruce Conover, NRADC, and Laura Withers with the Winchester Star. The following requests are recommended for approval by the Committee: 1. Request from the NRADC to reorganize the Jail's Inmate Services Section: Review request for restructure of the Jail's Inmate Services Section as follows: Reclassify Inmate Services Program Coordinator from a Range 21 to a Range 22; Reclassify Job Services Supervisor Range 21, Job Services Counselor Range 15, Substance Abuse Counselor Range 15, and an Inmate Case Manager Range 20 all to Inmate Program Specialist Range 19; Promotion of an Office Assistant II Range 7 to an Office Assistant III Range 9. No additional funding or personnel required. (See Attachment A.) - Approved 2. Request from the NRADC to reorganize the Jail's Medical Section: Review request for restructure of the Jail's Medical Section. To create an Assistant Director of Nursing at a Range 21 and to change the Correctional Healthcare Assistant positions from a Range 18 to a Range 16. No additional funding or personnel required. (See Attachment B.) - Approved Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board approved items 1 and 2 as listed above. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. Nomination for Employee of the Month - October: Review nomination from Administrative Services Section of the NRADC for Officer Gene Boyce, for exceptional performance of duty as the NRADC Automated Systems Administrator during the month of August 2005. (See Attachment C.) PUBLIC HEARING PUBLIC HEARING - AMENDMENT TO THE 2005-2006 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15 2-2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2005-2006 BUDGET TO REFLECT: AIRPORT CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $956 234 65 THIS AMOUNT REPRESENTS CARRY FORWARD FOR THE UNFINISHED CAPITAL PROJECTS; SCHOOL CAPITAL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $962,761. THIS AMOUNT REPRESENTS $102 324 IN YEAR-END BALANCE FOR THE SCHOOL CAPITAL FUND AND $860,437 IN YEAR END BALANCE FOR THE SCHOOL OPERATING FUND; SCHOOL OPERATING FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $608196 THIS AMOUNT REPRESENTS ADDITIONAL STATE DOLLARS FOR INCREASED STUDENT ENROLLMENT. - (RESOLUTION #024-05) - APPROVED Administrator Riley reviewed the items being considered. Chairman Shickle convened the public hearing. There were no public comments. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 145 Chairman Shickle closed the public hearing. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 12, 2005, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2005- 2006 Budget be Amended to Reflect: Airport Cgpital Fund Supplemental Appropriation in the Amount of $956,234.65. This Amount Represents Carry Forwards for Unfinished Capital Projects. Upon a motion by Supervisor Ewing, seconded by Vice Chairman Dove, the Board approved the Airport Capital Fund Supplemental Appropriation in the amount of $956,234.65. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye School Capital Fund Supplemental Appropriation in the Amount of$962,761. This Amount Represents S 102,324 in Year -End Balance for the School Capital Fund and $860,437 in Year End Balance for the School Operating Fund. Supervisor Ewing moved to appropriate $500,000 to the School Capital Fund with the remainder to be placed in Fund Balance. The motion was seconded by Vice -Chairman Dove. Supervisor Tyler asked if $500,000 would be sufficient to meet the School's needs. She asked Dr. Dean if the School's had a priority project list. Dr. William C. Dean, Superintendent of Frederick County Public Schools, advised that there was a need for $1.2 million. He stated that neither he nor the School Board were in the position this evening to prioritize the project list. He went on to say that the Finance Committee had recommended full use of this funding for the schools and he did not receive any questions or communications prior to the meeting advising that the entire amount might not be appropriated. Supervisor Ewing stated that the Finance Committee's recommendation was to hold a public hearing and not a recommendation regarding usage or amounts. Lisa Frye, Finance Director for Frederick County Public Schools, advised that the total operating budget to maintain the 21 school sites was $775,000 and that much of this money is used up quickly. Supervisor Ewing stated that the $462,761 should be saved for future requests, such as fuel. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 146 Supervisor Van Osten stated she did not think it was prudent not to deal with maintenance issues. Supervisor Forrester stated that it was short sighted not to address the repairs and she not support the motion. Supervisor Fisher stated that the repair list looked realistic and that discussions should occurred before this evening, if the amount was to be reduced. vote: There being no further discussion, the above motion was denied by the following Richard C. Shickle Nay Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Nay Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board the School Capital Fund Supplemental Appropriation in the amount of $962,761. The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye School Operating Fund Supplemental Appropriation in the Amount of $608,196. This Amount Represents Additional State Dollars for Increased Student Membership. Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board the above request for a School Operating Fund Supplemental Appropriation in the amount $608,196. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye ADOPTED, this 12"' day of October, 2005. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 147 PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING -REZONING #11-05 OF CARPERS VALLEY SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES. PC TO REZONE 281.5 ACRES FROM RA (RURAL AREAS) DISTRICT TO R4 (RESIDENTIAL PLANNED COMMUNIT 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 RAVENS SUBDIVISION ON THE NORTH SIDE OF THE AIRPORT AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS INS 64-A-82 64-A- 83 64-A-83A 64-A-86 64-A-87 64-A-87A IN THE SHAWNEE MAGISTERIAL DISTRICT. - APPROVED Planning Director Eric Lawrence appeared before the Board regarding this application. He advised that this was a proposal to rezone 281 acres of land from RA (Rural Areas) District to R4 (Planned Residential Community) District. Director Lawrence stated that the R4 zoning was not often utilized in the county, but the applicant felt this was an opportunity to utilize the combined residential/commercial component. He went on to say that if the Board approved this rezoning then the development of the property would be governed by design standards and proffers. The application proposes to construct 550 residential units on the eastern portion of the property. The remainder of the property will be used for B-2 (Business General) and government uses. Director Lawrence went on to say that the applicant has proposed two land offerings as part of this application: — 10 acres for the National Guard Armory. — 9 acres for a new Public Safety Building. The two parcels will be dedicated to the County. The revised proffers address the staff s concerns, but VDOT will address their concerns tonight. The County's Comprehensive Plan identifies the land south of Route 50 and north of the airport for future business office uses. The applicant is proposing to transition from the airport to the residential uses to the north. The Land Use Plan calls for a collector road system and the applicant has proffered a four lane road to comply with the Comprehensive Plan. There are a number of triggers for the four lane transportation system: — Government uses would require immediate construction of this system. — Development of commercial uses would require construction. — If none of these occur then the road will be built to four lanes by the year 2012. Minute Book Number 31 Board of Super«sors Regular Meeting of 10/12/05 148 Director Lawrence advised that the applicant has requested three modifications to this application: 1. Modification #1 : Submission of a Generalized Development Plan (GDP) at rezoning, in lieu of the Master Development Plan (MDP). (The MDP submission will follow rezoning approval, prior to development of the property.) 2. Modification #2: Allowance of a Mixture of Housing Types: Single-family attached (townhouses) and multi -family dwellings (apartments) would be predominant. 3. Modification #3: Allowance of a maximum of 60% of Total Gross Area ofBusiness and Commercial Purposes. He stated that if the Board denied any of the three modifications it would not be appropriate to approve the rezoning application. Director Lawrence concluded by saying that the Planning Commission recommended approval of this rezoning application and advised that the revised proffers were revised as of October 12, 2005. Supervisor Van Osten advised that she had spoken with the School Board regarding revised student projection figures. She stated that this project would result in 220 students at build out (43 high school, 46 middle school, and 131 elementary school students). Jim Vickers, Owner of Oakcrest Companies, appeared before the Board on behalf of this application. He advised that his firm had been working with Miller & Smith on this project, which received a positive response from the Planning Commission. Mr. Vickers stated that he and the others involved in this project had listened to a number of issues and felt the residential units needed to be adjusted and were reduced to 550 units. The units will be broken down into 300 townhouse and 250 condominium units. When these units are sold, the applicant will contribute twice the monthly homeowners' association fee into an account, which could net between $55,0004110,000 and could allow the association to have some reserve funds. The applicant has been in discussions with the Airport Authority and has listened to their concerns. They are currently in negotiations with the Authority for an acre for acre land swap that would allow the airport to expand. If a swap cannot be worked out then the applicant will hold the property off market for eight (8) years in order to provide the Authority with an opportunity to acquire the property. With regard to the proposed location for the new public safety building, Mr. Vickers advised that the revised proffers now allow the County to retain ownership of the property even if the building is not built. He concluded by saying that the uses on land bay #2 have been restricted to government and B-2 uses and that the firm and property are listed with the General Services Administration as an acquisition site. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 149 Chuck Maddox, Patton Harris Rust & Associates, reviewed the transportation for this project. He advised that Coverstone Drive would be the major collector and would intersect with Route 50 across from Sulphur Springs Road. He again reviewed the triggers for construction of the four -lane road. He went on to say that in no way would this be a two lane road for a period longer than June 1, 2012. The existing Carper's Valley entrance would, at the option of the General Services Administration, remain open as a gated access. The applicant has also offered a connection from Coverstone Drive to the adjacent property in order to facilitate a connection with Inverlee Way. He concluded by saying that water and sewer service are located on or adjacent to the site. Vice -Chairman Dove asked about a temporary western access to the property. Mr. Maddox responded that Coverstone Drive would end in a T-intersection with PrizicL Frederick Drive. He went on to say that the applicant would also provide $1,000 per dwelling unit to be used as matching funds for road improvements in this area. Supervisor Fisher asked about impacts to the existing Route 50, 522, and Interstate 81 intersection. Mr. Maddox responded that the Traffic Impact Analysis did not go to the 1-81 interchange. Supervisor Tyler asked if the land swap would be acre for acre. Mr. Maddox responded yes. Vice -Chairman Dove asked about the Homeowners' Association fees. Mr. Vickers responded that Oakcrest would contribute twice the monthly fee into an account for the homeowners' association. He went on to say that it was Oakcrest and Miller & Smith's intent to build a majority of the units in order to that they can be involved in the start and finish of this project. Supervisor Forrester asked about the height of the condominium units. Mr. Vickers responded that they had potential to be 55 feet high. Supervisor Forrester asked VDOT's representatives if the revised proffers satisfy their concerns. Scott Alexander, Assistant VDOT Residency Administrator, responded "for the most part". He stated that there were still concerns with proffer 15.9, which states "The Applicant shall use its best efforts to obtain any necessary off -site right-of-way required for the completion of any traffic Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 15Q improvements otherwise provided for herein at a commercially reasonable cost, but shall not required to construct any improvements, including traffic signalization, if such right-of-way be obtained by it." Assistant Residency Administrator Alexander stated that this made him uneasy, Supervisor Tyler asked if the traffic generation effect on the two lane road would be okay. Assistant Residency Administrator Alexander stated that he believes "we" are covered. Mr. Maddox advised that the applicant owns all of the right-of-way necessary to get to Frederick Drive; however, they do not own the land for primary access to Prince Frederick The applicant is in the process of working with the Airport on this issue. He concluded by that the applicant does have two points of connection to Route 50. Chairman Shickle convened the public hearing. Mark Flynn, Attorney for the Winchester Regional Airport, advised that the Airport c not support residential development in the airport support area. He went on to say that the reasi the airport support areas exists is because the airport is a significant economic development tool f the county. The Authority has had significant negotiations with the developer and if the airport to continue to grow, then it must grow on the north side. Mr. Flynn stated that the airport had ma progress in negotiating an agreement with the applicant and it would entail the Airport conveyii away wetlands that could not be developed. The applicant will convey a navigation easement a a disclosure statement will be put in all of the deeds. The agreement also includes land for right-c way from Coverstone Drive to Prince Frederick Drive. Whitney Wagner, Stonewall District and representative of the Prince Frederick Group, spoke in favor of this rezoning primarily for security reasons. They have been working with applicant for additional stand-off area and are also looking at a second way out of the leased by the Corps of Engineers. Dave Worthington, Back Creek District, stated that he was in agreement with the regarding security at the Prince Frederick Group property. He would like for the applicant to consider protecting the existing wildlife habitat and wetlands. He encouraged protecting the streams with a conservation easement. He expressed concern about the overcrowding of Armel Elementary School. He concluded by asking the Board to table this issue in order to get these issues resolved. Dave McNeal, representing the Board of Directors of Raven Wing, advised that most of the Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 151 residents in the subdivision favored the passible jobs that will be created as part of this project. He asked what would happen at Inverlee Way. John Good, Jr., Stonewall District and representative of Blue Ridge Industries, stated that he fully supported this application for rezoning. Patsy Gochenour, Red Bud District, expressed concern about water and sewer capabilities. She urged the Board to vote no on this project. Scott Donam, Virginia Department of Aviation, spoke against the proposed residential development to be located adjacent to the airport. Ray Hoover, resident of Airport Road, Winchester, spoke against the proposed cluster housing to be located near the airport. He showed two flight approach paths, one of which goes right over the proposed cluster homes. He stated that the Board should establish "a toll free number for complaints". Paul Anderson, Back Creek District and member of the Winchester Regional Airport Authority, spoke against the proposed rezoning. He stated that airports close when houses go in nearby. He concluded by urging the Board to take a long look at this project and its effects on the County. There being no further public comments, Chairman Shickle closed the public hearing. Mr. Maddox responded regarding Inverlee Way by saying that the applicant must close the crossover at the entrance to Carper's Valley in order for the Inverlee Way improvements to occur. With regard to the Airport Support Zone language, Mr. Maddox showed the following from the Comprehensive Policy Plan: "If new residential areas are allowed in the airport support area, aviation easements or other methods should be used to protect the operations at the airport." He stated that the all of the residential units would be sound proofed. Mr. Maddox went on to say that if residential units are allowed then they should be done in a certain way and the applicant intended to do that. Supervisor Tyler asked if legal counsel had reviewed the revised proffers. Director Lawrence responded no because they were received at 5:45 p.m. this evening. Supervisor Forrester asked if condominiums were preferable to townhouses. Director Lawrence responded that was a judgment call, as it depended on what the County Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 152 wanted to see. He stated that a variety of housing was better from a planning perspective. Supervisor Tyler asked the Airport's counsel if the eight (8) year caveat on purchasing the adjacent property was feasible. Mr. Flynn responded that the residential component of this project being located so close to the airport puts it in the back of the line for Federal and State dollars. He went on to say that from a practical standpoint, the Airport could not acquire the land. Supervisor Van Osten asked about mitigating the impact on streams. Mr. Vickers responded that the applicant would work with County staff regarding stream preservation and mitigating impacts. Supervisor Fisher stated that there were still issues with this application including the 2000 foot line, the airports land acquisition, and the land use map in the Comprehensive Plan. He stated that a lot of things in this application have merit, but "the comp. plan is the comp. plan and it will be my guiding light." He went on to say that if the plan needs to be changed to accommodate this project, then it needs to go through the process. Supervisor Fisher moved to deny rezoning application #11-05. The motion was seconded by Supervisor Forrester. Supervisor Tyler thanked Mr. Vickers for getting involved in this project. She noted that it did not follow the same process as a previous R-4 rezoning. She concluded by saying that the airport was an asset for the county. Supervisor Forrester echoed the same sentiments as Supervisors Fisher and Tyler. She stated that she was not comfortable moving forward with this application without legal counsel review of the revised proffers. There being no further discussion, the motion to deny rezoning application 411-05 was defeated by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Director Lawrence advised that the Board should act on the three modifications requested Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 153 by the applicant prior to approving this rezoning application. Upon a motion by Vice -Chairman Dove, seconded by Supervisor Van Osten, the Board approved Modification # 1: submission of a Generalized Development Plan (GDP) at rezoning in lieu of the Master Development Plan (MDP). (The MDP submission will follow rezoning approval, prior to development of the property.) Supervisor Forrester echoed her previous comments concerning legal review of the revised proffers. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda I Tyler Aye Barbara E. Van Osten Aye Upon a motion by Vice -Chairman Dove, seconded by Supervisor Van Osten, the Board approved Modification #2: allowance of a mixture of housing types; single-family attached (townhouses) and multi -family dwellings (apartments) would be predominant. Supervisor Forrester stated that she did not want to compromise the airport with cluster housing and that she was uncomfortable with this. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved Modification #3: allowance of a maximum of 60% of Total Gross Area for business and commercial purposes. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 154 Barbara E. Van Osten Aye Supervisor Forrester moved to postpone this application for 30 days in order to allow the applicant to work out unresolved issues. The motion was seconded by Supervisor Tyler. The above motion failed by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Upon a motion by Vice -Chairman Dove, seconded by Supervisor Van Osten, the Board approved Rezoning #11-05 with revised proffers dated October 12, 2005. WHEREAS, Rezoning #11-05 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 Ravens Subdivision, in the Shawnee Magisterial District, and are identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, and 64-A-87A; and WHEREAS, the Planning Commission held a public hearing on this rezoning on July 20, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning 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 Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED, bythe Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, 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 owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Nay Gina A. Forrester Nay Lynda J. Tyler Nay Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #14-05 OF JCA IV WHITE HALL, LLC, TO REZONE 5 ACRES FROM RA (RURAL AREAS) DISTRICT TO Ml (LIGHT Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 155 INDUSTRIAL) DISTRICT AND 15 ACRES FROM M1 DISTRICT TO MI DISTRICT WITH MODIFIED PROFFERS. THE PROPERTIES ARE LOCATED 950 FEET WEST OF INTERCHANGE 323 OFF I-81, APPROXIMATELY 2, 560 FEET SOUTH OF REST CHURCH ROAD ALONG PROPOSED ZACHARY ANN LANE AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (,PINS) 33 9 6, 33-9-7, AND 33-9-8 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED Assistant Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that the some of subject parcels (lots 6, 7, and 8) were part of an approved rezoning application #0009-90 of Whitehall Business Park. Application #14-05 is a proposal to rezone 5.00 acres from RA(Rural Areas) District to M 1(Light Industrial) District and 15 acres from M 1 (Light Industrial) District to MI (Light Industrial) District with modified proffers. This applicant has proffered to address the road configuration at Rest Church Road and Zachary Ann Lane; extension of public water and sewer service from the east side of I-81 to their development; and a monetary contribution to Fire and Rescue. The Planning Commission recommended approval of this application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved rezoning # 14-05. WHEREAS, Rezoning #14-05 of ,ICA IV Whitehall, LLC, was submitted to rezone 5 acres from RA (Rural Areas) District to M1 (Light Industrial) District and 15 acres from M1 (Light Industrial) District to M1 (Light Industrial) District with modified proffers for Caterpillar Maintenance and Sales Facility. The properties are located approximately 950 feet west from interchange 323 off 1-81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane, in the Stonewall Magisterial District, and are identified by Property Identification Numbers (PINS) 33-9-6 and 33-9-8. WHEREAS, the Planning Commission held a public hearing on this rezoning on September 21,2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning 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 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 change 5 acres from RA (Rural Areas) District to M I (Light Industrial) District and 15 acres from M1 (Light Industrial) District to M1 (Light Industrial) District with modified proffers for Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 156 Caterpillar Maintenance and Sales Facility, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #-07-05 OF STEPHENSON VILLAGE - POSTPONED FOR UP TO 60 DAYS Planner I Bernard Suchicital appeared before the Board regarding this application. He advised that this was a review of Phase I of the Stephenson Village Master Development Plan. The applicant has addressed all agency and County comments with the exception of Route 37. Staff received a revision last Friday for a proposed right-of-way on the southern boundary of the property to accommodate future Route 37. If the County agrees to this proposal then it will have to be included in the approved Master Development Plan. He concluded by saying that staff is seeking administrative authority to approve phase I of this Master Development Plan. Ty Lawson, attorney for the applicant, appeared before the Board on behalf of this application. He stated that this was an administrative process to approve this Master Development Plan. He briefly reviewed the history of this project and advised that the rezoning application was approved over two years ago. Mr. Lawson stated that this was a master development plan for phase I of this project. He went on to say that this proposed master development plan is in full compliance with the Zoning Ordinance, proffers, generalized development plan, and Subdivision Ordinance. The Planning Commission recommended approval and the applicant is requesting approval from the Board of Supervisors as well. Mr. Lawson stated that Route 37 was not part of the rezoning application, proffers, or Generalized Development Plan. The applicant has submitted a Master Development Plan that conforms to the proffers and Route 37 is not part of that. Mr. Lawson explained that Route 37 could not be part of this master development plan and if the applicant consented to including it then it would not be in conformance with the rezoning and proffers. He Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 157 concluded by saying that this was an administrative process and not a public hearing. Chairman Shickle responded that he had made it clear that this was not a public hearing and that the Board was waiving the normal citizen comment rules in order to allow the public to speak at the time this application is considered, as stated earlier in the meeting. Chairman Shickle asked if there were any public comments relative to this proposal. Stannish P. Kugler, Stonewall District, spoke in opposition to this proposed Master Development Plan. He stated that the Route 37 corridor issue is settled in the County's Comprehensive Plan and the State Plan. He went on to say that a lot of life decisions have been made based upon the Option "C" alignment. He stated "we are your constituency and we are asking you to look out for us" and that deflection of Route 37 from the option "C" corridor would affect retirees and existing homes. He concluded by saying that the new proposed alignment was preposterous and the applicant should rework their plan to accommodate the 250' right-of-way for option "C". Chuck DeHaven, Stonewall District, stated that he had no desire to see this proposal delayed any longer than necessary and that the applicant's proposal is a step in the right direction. He went on to say that the Route 37 corridor is essential to address transportation in the long term, but to impact residents not previously impacted by Option "C" is wrong. He urged the Board to delay a decision on this Master Development Plan until these issues can be resolved. Trudi Dixon, Stonewall District, stated that she appreciated the alternate route, but it was not enough. She went on to say that corridor "C" had been approved through the federal level and that the alternate proposal should be approved by all levels of government as well. She stated that Route 37 should not be removed from the Comprehensive Plan without a public hearing and as long as it was part of the plan, it should be honored. Bill Meyer, property owner in the Stonewall District and resident of Leesburg, stated that it appears Shockey is trying to pretend that Route 37 is not there. He thought the route was chosen, but now they are acting like it is not there. Bob Boden, Stonewall District, stated that a lot of futures and lives have been based on Corridor "C". He asked how Corridor "C" could not be an option without a period of study. He went on to say that Corridor "C" needs to remain open while alternate routes are being studied. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 158 An unnamed male speaker stated that we all knew where Route 37 was to go and the developer knew that it ran through his property. Moving the road is not the way to do proper': planning in this community and the route should be included on the Stephenson Village Master Development Plan. Gary R. Oates, Stonewall District, stated his opposition to any Stephenson Village Master Development Plan that does not conform to Route 37 Option "C". He went on to say that this needs to be shown on the master development plan until State and Federal officials sign off on another option. He stated that he waited until the location of Option "C" was decided before he built his home. He believes the Board still has the power to get Route 37 on the Master Development Plan. He concluded by saying that he believed the Board " does have a legal leg to stand on". Howard Kittel, Executive Director of the Shenandoah Valley Battlefield Foundation, stated that Corridor "C" goes through a substantial portion of 2nd and 3' Winchester and steps have been taken to preserve these properties since the environmental impact studies were completed. He believed the Board should give serious consideration to the proposed alternative as well as other options. Plan. Nancy Oliver, Stonewall District, stated that she was opposed to the Master Development Mary Ann Posey, Stonewall District, reminded the Board that over two years ago they were presented with apetition containing 4,200 signatures opposing the original Route 37. This route had not received State approval at that time. She stated that a new Route 37 would be set up like Jubal Early Drive with exits to get off of and on to the road. She concluded by saying that a new road would not be knocking down people's houses. Mr. Lawson stated that there Is no doubt Route 37 is a hot issue. He stated that public hearings would be held to accept alternate routes, if land owners wanted to participate in that process. He explained that this applicant has gone through two rezonings and has submitted a proper plan that is ready for approval. Supervisor Tyler asked County Attorney Lawrence Ambrogi if the Board was in a position to make a substantial change to a proffered rezoning? Attorney Ambrogi responded that Mr. Mitchell had been dealing with this issue rather than Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 159 him and he did not feel comfortable issuing an opinion since he did not have all of the information He concluded by saying that he would feel more comfortable letting Mr. Mitchell answer that question. Administrator Riley advised that responded that Mr. Mitchell had been contacted last week concerning possible legal issues; however, he has not issued an opinion. He stated that if it is the Board's desire to get an opinion from him that could be arranged. Chairman Shickle advised the Board that executive session was the best way to get a legal opinion. Vice -Chairman Dove asked VDOT Resident Engineer Jerry Copp if he had seen the revised plan for another location of Route 37. Engineer Copp responded that he had only seen it in the newspaper and what was shown tonight. Vice -Chairman Dove asked if it would be difficult for VDOT to work with staff and the applicant to come up with a location for Route 37. Engineer Copp responded that he had not had time to consider alternatives and more time would be needed. He advised that he could give advice in 60 days, but he was not sure about making a decision in that time. Supervisor Tyler asked MPO Transportation Planner John Bishop about the study process for Route 37 and what the modeling results showed. Mr. Bishop stated that a lack of access was the primary issue for Route 37. Supervisor Van Osten asked what types of studies need to be undertaken or could the County build off of existing studies. etc. Mr. Bishop responded that the County could build off of existing studies. Chairman Shickle asked how MPO staff could assist the County. Director Lawrence responded that staff could work with MPO staff and VDOT to get advice, Chairman Shickle stated that it sounded like there was an option out there if the Board decides it wants to explore it. Supervisor Tyler stated that the Board should take advantage of the applicant's generosity. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 160 She went on to ask if the County would be able to show that a shift or access point would work. Vice -Chairman Dove stated that Route 37 is in the Comprehensive Plan and he wants it i1 the subdivision if the master development plan is to be approved. He went on to say that he like to see the original corridor or a workable alternative. Supervisor Ewing echoed Vice -Chairman Dove's remarks. Supervisor Forrester stated that she was initially against the proposed industrial park and was not thrilled with the residential component, but she believes the master development conforms to the ordinance. She went on to say that she would support looking into the area in lower portion of the property for an alternative route. Supervisor Fisher believed that the Board was able to get somewhere with the alternative that has been offered, but it needs to be studied. He went on to say that the Route 37 corridor needs to stay within the Stephenson Village property and the Board needs to see how is goes through undeveloped properties. Director Lawrence advised that Planning staff would look to VDOT, Mr. Bishop, and the experts for guidance regarding this study. Chairman Shickle stated that the Board wants to know if the road can fit in the proposed alternate area and how long it would take staff to have their findings to the Board. Assistant Administrator Tierney advised that 60 days was a reasonable time line. Administrator Riley agreed, but said it might be completed sooner. Supervisor Van Osten stated that she was pleased to see the study area on the master development plan. Mr. Lawson advised that the alternate proposal was not part of the master development plan. He went on to say that the only item before the Board tonight was a master development plan that complies with the County's ordinances. He reiterated that the alternate proposal for Route 37 was not part of the master development plan application. Supervisor Shickle asked Mr. Lawson what a 60 day delay would do to the master development plan and if it was a problem. Mr. Lawson responded that he believed it was a problem because the applicant wanted the project to go forward. He went on to say that the applicant would continue to work with the County, Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 161 but a delay would hurt them in the course of the project. He concluded by saying that the applicant views the master development plan and the alternate Route 37 proposal as separate issues. Supervisor Tyler stated that the Route 37 plan needed to go back to the drawing board in order for it to be a transportation solution. She went on to say that alignment "C" was never an alignment. Supervisor Tyler stated that there needed to be a solution for the community and she felt the developer had done a good service. She concluded by saying that she would like to take advantage of that good service in order to disrupt as few lives as possible. Supervisor Tyler moved to grant staff authority to administratively approve Master Development Plan #07-05 with the understanding that the developer has offered a two year period to study the southern boundary for a possible alignment for Route 37. The motion was seconded by Supervisor Forrester. Supervisor Van Osten asked what would be the time frame for development activity to begin if the Board granted administratively approval? Evan Wyatt, Greenway Engineering, responded six months to one year. The above motion failed by the following recorded vote: The above motion was approved by the following recorded vote: Richard C. Shickle Nay Gary W. Dove Nay Bill M. Ewing Nay Gene E. Fisher Nay Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Nay Supervisor Forrester asked if the Board could turn down the plan if it conforms entirely to what has been approved. Director Lawrence responded that staff believes it conforms to everything, but Route 37. He went on to say that the waiver granted at the rezoning affected the generalized development plan and not the master development plan. Supervisor Fisher stated that he was hearing that the Board wanted to take time to look at the proposed alternative and discuss legal issues. Upon a motion by Vice -Chairman Dove, seconded by Supervisor Ewing, the Board postponed Master Development Plan #07-05 for up to 60 days in order to give the applicant, County Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 162 staff, and VDOT an opportunity to work on a mutually acceptable alignment for Route 37 in Stephenson Village. Supervisor Tyler stated that she was concerned that the applicant's offer might not stand with a delay. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Nay Barbara E. Van Osten Aye DEVELOPMENT IMPACT MODEL - APPROVED Patrick Barker, Executive Director of the Winchester Frederick County Economic Development Commission appeared before the Board regarding the Development Impact Model. He reviewed the issues requiring Board action and asked that they take action this evening. The outstanding issues for the Board's consideration were: 1. Does the Board wish to use outputs from the Development Impact Model for understanding projected capital facilities impacts of rezoning requests? Upon a motion by Vice -Chairman Dove, seconded by Supervisor Ewing, the Board voted to use the outputs from the Development Impact Mode for understanding projected capital facilities impacts of rezoning requests. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Chairman Shickle advised that it was 11:00 p.m. and per the Board's Rules of Procedure, a majority of the Board must agree continue the meeting or adjourn. The Board consensus was to extend the meeting beyond 11:00 p.m. 2. Using outputs from the Development Impact Model, how does the Board wish to calculate the capital facilities impact of a rezoning request? Director Barker stated that this was a two -fold process with credit given for phasing. He Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 163 stated that this process would also be used for mixed use projects. Supervisor Forrester stated that she was not in favor of a 15% phasing discount for residential only projects. Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the Board voted not to give a 15% credit for any development project regardless of phasing. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 3. Does the Board wish to phase any increase to capital facilities impacts? Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board voted no to phase any increase to capital facilities impacts. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 4. How does the Board wish to address the public schoolchildren per dwelling unit values? The Board asked Al Orndorff, Superintendent for Administration, if he agreed with the figures used in the model to calculate student projections. Mr. Omdorff responded yes. Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, the Board approved the public school children per dwelling unit values. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 164 5. How does the Board wish to allocate its licenses of the Development Impact Model? Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the approved the following allocation of Development Impact Model licenses: Finance Department 1 Planning & Development Department 2 County Administration 1 Economic Development 1 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 6. What process does the Board wish to implement for updating the Development Model? Upon a motion by Supervisor Forrester, seconded by Supervisor Van Osten, the approved the following committee membership to provide recommendations to the Board updating the Development Impact Model: Economic Development Commission 1 Planning & Development 2 County Administration 1 Board of Supervisors 1 Frederick Co. Public Schools 1 Top of VA Building Assoc. 1 Finance 1 with the committee's annual updates of critical inputs to occur within two months of adoption of the Frederick County Budget. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 7. When does the Board wish to implement the process? Upon a motion by Vice -Chairman Dove, seconded by Supervisor Forrester, the Board approved implementation of the new Development Impact Model as of December 1, 2005. Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 165 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS Chairman Shickle advised that he did not receive many responses from the Board regarding the Rural Areas proposal. He asked that they be sent to him by Friday. CITIZEN COMMENTS Gary Oates, Stonewall District, presented the Chairman with a proposed alternate corridor for Route 37 through the Stephenson Village property. He advised that this corridor follows the power line easement and has curves with '/z mile radius. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (11:40 P.M.) Richard C. Shickle Chairman, Board of Supervisors Aerk,Riley, J . Board of Supervisors Minutes Prepared By: Jay . T bs Deputy Clerk, Board of Supervisors Minute Book Number 31 Board of Supervisors Regular Meeting of 10/12/05 -!Rit V.., Early NINx. Snip° 4Vfrt�l;r:;trr. lYrgirttn 7.:?(Y:l 540 ; aa.9t,66 tr:rti�.ridfrrurrlarni;tt,ccu, i MILLER SWITH ,lanllarY 22, 2009 Serena R. Manuel Executive Director Winchester Regional Airporl 491 Airport Road Winchester, Virginia 22602 Dear Rcnn�I 13nclosed is the fully CXCCutcd Deed of l ,asemer Airport and the entities lit. Governors Bill. whicl land records of Frederick County. We appreciate the efforts that YOU and Marl: Ft� doul:llCll t. Slncercli., i John T. Conrad Vice President THIS DE13I) IS I XE,'MPT front the state recordation taxes imposed by Virginia Code §58.1-801, pursuant to Virginia Code §59.1-81 I (A)(3). TI-IIS D1;11D OF EASEIvICNT AND RI-'�STRICTIONS is made this 14th early of" January, 2009, by and between CARPI R.S VALLF'Y DEVELOPMENT, L.L.C., it Virginia limited liability company, and GOVEMNOW S HILL, L,L.C., A Virginia limited liability company (collectively, the "Grantor") and THE WINCI-IES'I'ER REGIONAL AIRPORT AUTHORITY a political Subdivision of the Commonwealth of Virginia ("Grantee"), WFIEREAS, the Grantce is the owner of the Winchester Regional Airport ("Airport"), located within Frederick County, Virginia; WI-IERI_;AS the Grantor is the owner of certain real property, described to Exhibit A; W1-IEREAS (lie zoning; ordinance of the County of Frederick requires an avigation Casement for any properties that are subdivided that lie within file airport support area as shoNvil in the zoning neaps of the County; and WHEREAS, the parties desire to set out the rights and responsibilities of each related to the Aiij)ort, wrrNESS'F. CI -I: Definitions. As used herelll: The terns "navigable airspace" means airspace above the ininimunl altitudes of flight prescribed by regulations under Title 14 of the Code of Federal Regulations ("C.I+.R.") Part 77, including airspace needed to ensure safety in the takeoff and landing of aircraft. 'I'lle term "Property" shaC mean the real property located in Frederick County, Virginia, and more partictilarly described in Exhibit A, which Is attached hereto and incorporated herein by this rcference. The terin "structure" shall mean any oUjcct, including a mobile object, constructed or erected by man, including but not limited to: buildings, towers, co11111 UlliOtitiolls t0\h'el'S, radio anil television antennae, cranes, smokestacks, earth formations, overhead transmission lines; and flag poles. THAT for and in collSiderUi011 of the Initial benefits to talc parties hereto, file Crrantor hereby jl'ants to the Grantee a ]MIllanent avigatlon easement across the PrOpCrty', SLlb,lcct 'o the terms and conditions set forth herein bclol•V, aild in accordance With file regulations established pill',guallL to pride 14, C.F.R. Part 77 , to wit: • O fV CJl 1. THAT the Grantor, for itself, its heirs, successors and assigns, grants unto Grantee for the benefit of the public in the use and operation of the Airport, a right of the public and specifically, without limitation, owners, operators and occupants of aircraft to use the navigable airspace over the Property and for all said persons and entities to cause in the navigable airspace above, the Property such light, sound, noise, smoke and vibration as may be inherent in or related to the operation of aircraft using said navigable airspace for landing at, taking off from, or otherwise operating at or about the Airport. 2. THAT Grantor, for itself, its successors and assigns, and for the benefit of the public in the use and operation of the Airport and the airspace above the Airport, covenants and agrees that it will not use the Property, or pen -nit any use of the Property, in a mariner that would constitute an obstruction to the passage of aircraft using the navigable airspace above the Property for landing at, taking off from, or otherwise operating at or about the Airport, and that they will not use the Property, or permit any use of the Property, in a manner, including casting of light into the airspace above the Property, which would present a hazard to any aircraft using the navigable airspace above the Property for landing at, taking off from, or otherwise operating at or about the Airport. 3. THAT Grantor for itself, its successors and assigns, covenants and agrees with the Grantee that for the benefit of the public in the use and operation of the Airport, they will not hereafter establish, construct, erect or grow, or permit the establishment, construction, erection or growth of, any structure or vegetation, whether natural or man-made, which would penetrate into or through the airspace of the Airport. Further, Grantor acknowledges that no permit shall be obtained that would allow the establishment of or creation of an airport hazard or a hazard to air navigation. The issuance of a construction permit shall be deemed to confirm that any improvements shown or reflected on the plans associated with the permit do not constitute a hazard to either the airport or to air navigation. 4. THAT Grantor covenants and agrees with the Grantee that Grantor shall provide noise attenuation treatment for all residential structures its constructs within the Property. 5. Except as specifically provided herein, Grantor, for itself, its successors and assigns, hereby releases Grantee from any and all claims, liability or causes of action that they have or will have against Grantee on account of noise emanating upon the Airport now or hereafter incident to the operation of aircraft landing at, or taking off from, the Airport. THE GRANTEE TO HAVE AND TO HOLD such easement and all rights appertaining thereto under the Grantee, its successors and assigns, with the understanding and agreement that the covenants, restrictions and agreements set forth herein shall be binding upon the successors in interest and assigns of the Grantee and Grantor, and that these covenants and agreements shall run with the land, unless and until the Airport is abandoned. In the event the Airport is abandoned this easement shall automatically terminate, and title to the Property, unencumbered by this easement and the restrictions set forth herein, shall automatically revert to the Grantor or its successors in interest, as applicable, without the need of any further action by the parties or their successors. RI CD N C.f1 WITNESS the following signatures and seals: [SIGNATURES ON FOLLOWING PAGES] 40 o N CJ7 W CARPERS VALLEY DEVELOPMENT, L.L.C. By: MS Carpers Investors, L.L.C., Member Manager By: Miller and Smith, Inc., Man 1 - By: ;� 'o Name: Charles F. Sti , Jr. Title: Senior Vice President STATE OF VIRGINIA COUNTY OF FAIRFAX The foregoing instrument was duly acknowledged before me this day of January, 2009, by as V P of Miller and Smith, Inc., Manager of MS Careers Investors, L.L.C., Member Manager of Carpers Valley Development, L.L.C, on behalf of the company. My 2 Commission Expires: g'�2,/�()/0 My Notary Registration Number is: 7 ori1k-Z t �'—�-- No ary Public 0 ;s. GOVERNOR'S HILL, L.L.C. By: MS Carpers Valley Investors, L.L.C., Member Manager By: Miller and nith, n Manager By: Name: Charles F. Stu , Jr. Title: Senior Vice President STATE OF V IRGINIA COUNTY OF FAIRFAX The foregoing instrument was duly acknowledged before me this J q day of January, 2009, by GhO��(�s r • Sf�i �f�J✓ as Seyi v i GIP of Miller and Smith, Inc., Manager of MS Caipers Investors, L.L.C., the Manager of Governor's Hill, L.L.C., on behalf of the company. My Commission Expires: 0311ZOrO My Notary Registration Number is: •70if,�,k Z �-- NcWary Public W 0 is 0 0 rn IN 0 r; 0 w rn V)- 0 H U) Michael L. Bryan 9 Court Square 2" Floor 0he5ter, VA 060003761. THIS DEED, made and dated this of 20061 by and between JGR THREE, LLC, a Virginia Limited CD cll Cn [v Liability Company, ELLEN, LLC, a Virginia Limited Liability Company, LCR, LLC, a Virginia Limited Liability Company, NDC THREE, LLC, a Virginia Limited Liability Company, SUSAN SANDERS, LLC, a Virginia Limited Liability Company, LIBERTY HILL, L.C., a Virginia Limited Liability Company, THOMAS A. DICK, by RICHARD G. DICK, his Attorney -in Fact, TIMOTHY J. by RICHARD G. DICK, his Attorney -in -Fact, and MICHAEL E. by RICHARD G. DICK, his Attorney -in -Fact, hereinafter called the Grantors, and CARPERS VALLEY DEVELOPMENT, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with special warranty of title, unto the Grantee, in fee simple, all of those three certain lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, described as follows: PARCEL ONE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate on the southwestern side of Millwood Pike (U. S. Route 50/17), containing 102.3BBB acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Als", • 0 �J • Michael L. Bryan 9 Court Square 2°" Floor O'Chester, VA CD cn 0-� dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64-A-86 PARCEL TWO: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate southwest of Millwood Pike (U. S. Route 150/17), containing 10.0194 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Als", dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64-A-87 PARCEL THREE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, situate southwest of Millwood Pike (U. S. Route 50/17), containing 24.8435 acres, more or less, as more particularly described on that certain plat titled "Boundary Survey of the Land of JGR Three L.L.C., Et Als", dated January 25, 2006, drawn by Richard A. Edens, L.S., attached hereto and incorporated herein by reference as if set out in full. TAX MAP NO. 64-A-87A Parcel One, Parcel Two and Parcel Three are a portion of the lands conveyed to the Grantors herein by that certain Deed dated March 1, 2004, from Carper's Valley Golf Club, L.P., a Virginia Limited Partnership, of record in the Clerk's Office 2 9 • Michael L. Bryan 9 Court Square 2" Floor Winchester, VA of the Circuit Court of Frederick County, Virginia as Instrument No. 040011820. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Thomas A. Dick, pursuant to Power of Attorney dated April 10, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050026754. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Timothy J. Dick pursuant to Power of Attorney dated April 13, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026755. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Michael E. Dick pursuant to Power of Attorney dated November 26, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026756. WITNESS the following signatures and seals: JGR THREE, LLC By ( lYi2 tT (SEAL) OHN G. RUSSELL, III, Manager v ELLEN, LLC By (SEAL) OHN G. RUSSELL, III, Manager 0 6- 3 • Michael L. Bryan 9 Court Square 2id Floor Winchester, VA U 0 Cn CAN Cn LCR, LLC Bf,��.7 LINDA C. RUSSELL, anage MDC THREE, LLC By(.JJui- , ,f 'J _(SEAL) OHN G. RUSSELL, III, Manager SUSAN SANDERS, LLC B��eOHNG. Lx2iTI (SEAL) ELL, III, Manager LIBERTY HILL, L.C. (SEAL) C� -0 VT%OMAS A. DICK, by RICHARD G.OD CK, ;is Attorn t EAL) M HY J. DICK, by RICHARD D CK, his At act L E. DICK, by RICHARD G. ICK, his Attorney -in -Fact STATE OF VIRGINIA, AT LARGE, CITY/-O9bTAJTY OF n /tau-/ to -wit: The foregoing instrument was acknowledged before me on the day of GAC Ayij , 2006, by John G. Russell, III, who is Manager of JGRTHREE,—LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires I NOTAR PUBLIC ojl� i 4 0 Michael L. Bryan 9 Court Square Z'd Floor 91hester, VA CD CJ1 G� G1 STATE OF VIRGINIA, AT LARGE, CITY/r'^ OF to -wit: The foregoing instrument was acknowledged before me on the day of , 2006, by John G. Russell, III, who is Manager of ELLEN, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. t .mot t� J '•., M commission expires 3 / % Y P � v�n/� •. � •. NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/� OF 1,{/I'nLjLrt' to -wit: �. The foregoing instrument was acknowledged before me on the ,13 day of };�,+J(p,xrt 2006, by Linda C. Russell, who is Manager of LCR, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires )/31 1. �Ylk/ SA•. NOTARY PUBLIC y STATE OF VIRGINIA, AT LARGE, CITY/eeUNTTY OF n to -wit: The foregoing innsrtrruumuent was acknowledged before me on the cg3� day of E 4J 2006, by John G. Russell, III, who is Manager of MDC THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires 713, U i" A NOTARY P LIC ri,q��•. d; 5 YJ /f *'•, • • Michael L. Bryan 9 Court Square 2" Floor 0ester, VA CD (-n LARGE,STATE OF VIRGINIA, AT CITY/-E_� OF - _T , to -wit: The foregoing instrument was acknowledged before me on the 13 !2a- day of F141(vjzxjj 2006, by John G. Russell, III, who is Manager of SUSAN SANDERS, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires '7.3i D j NOTARY PUBLIC yo ♦� Y3 STATE OF VIRGINIA, AT LARGE, ' CITY/LeiiNTY OF U , to -wit: The foregoing instrument was acknowledged before me on the .j3_'d day of rL* 2006, by Richard G. Dick, who is Manager of LIBERTY HILL, L.C., a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires NOTARY/PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/C-eUNTY OF �jjL'Lje__' , to -wit: The foregoing instrument was acknowledged before me on the , `3r-d- day of 2006, by Richard G. Dick, Attorney -in -Fact for Thomas A. Dick, whose name is signed to the foregoing Deed. _ 1 My commission expires ..... A-1 w ) NOTAW PUBLIC i 63ti'. �^ 0 0 Michael L. Bryan 9 Court Square 2" Floor ester, VA Q cn C-) U] STATE OF VIRGINIIAI, AT LARGE, CITY/CeUNTY OF Wi»du'a-1A-r , to -wit: The foregoing instrument was acknowledged before me on the �J3 " day of E Y �; 2006, by Richard G. Dick, Attorney -in -Fact for Timothy J. Dick, whose name is signed to the foregoing Deed. My commission expires vtki �, NOTARY PUBLIC -1 Y0 STATE OF VIRGINIA, AT LARGE, �ti''• .,s�� CITY/Ce*� OF nZ h"l , to -wit: The foregoing ri-n-strument was acknowledged before me on the ,)_3�' day of /{�r ,��r - 2006, by Richard G. Dick, Attorney -in -Fact for Michael E. Dick, whose name is signed to the foregoing Deed. My commission expires 17 NOTARY PU13LIC ; Vlh/� yI {{ ti 00 7 THIS INSTRUMENT PREPARED BY: f, ••...• ' Michael L. Bryan 9 Court Square Winchester, VA 22601 540-545-4130 Deeds\JGR Three to Miller and Smith 7 0 0 0 rn W +-J in a) N 'O m °j a 0 0 It N r` Miebael L. Bryan 9 Court Square 21 Floor Wter, VA l� 060007880 -- THIS DEED, made and dated this ;�of April, 2006, by and between RICHARD G. DICK and DONNA C. DICK, husband and wife, hereinafter called the Grantors; and GOVERNOR'S HILL. L.L.C., a Virginia Limited Liability Company, hereinafter called the I Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all that certain tract or parcel of land, together with all rights, rights of way, improvements and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, located on the southwest side of Millwood Pike (VA. State Rte 501U.S. 17) in Shawnee Magisterial District, Frederick County, Virginia, containing 61.4532 acres, more or less, and being more particularly described on that certain plat titled "Boundary Survey of the Land of Richard G. Dick. Et Ux" dated January 25, 2006, drawn by Richard A. Edens, L.S. (the `Plat"), which plat is attached hereto and made a material part hereof as if set out in full; and being a portion of the lands acquired by Richard G. Dick and Donna C. Dick, his wife, by that certain Deed dated November 18, 1983, which Deed is of record in the aforesaid Clerk's Office in Deed Book 568, at Page 769. Tax Map Number: 64-A-83 The hereinabove described property was previously described as containing 61.450 acres by that certain plat titled "Minor Subdivision of the Land of Richard G. Dick & Donna C. Dick" dated December 6, 2005, which plat is attached to and made a material part of that certain Deed of Subdivision dated February 3, 2006, which instrument is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 660002436 (the "Subdivision Plat"); however, upon subsequent survey, the Property contains 61.4532 acres, more or less, as set forth on the attached Plat. Title to the hereinabove described tract or parcel of land conveyed hereby is subject to that certain appurtenant and perpetual right of way or easement, 60' in width, for purposes 0 0 • Michael L. Bryan 9 Court Square 2'd Floor Winchester, VA 0 11 of ingress and egress from Millwood Pike to that certain lot or parcel of land retained by the Grantors containing 3.161 acres, more or less (the "Residence Parcel"), which right of way or easement is designated as "60' Ingress/Egress Esm't" on the Subdivision Plat, and is further described as "60' Ingress -Egress Easement Serving T.M. 64-A-83B.", and also described in Note 3 on the attached Plat. In addition, title to the hereinabove described tract or parcel of land conveyed hereby shall also be subject to that certain appurtenant and perpetual sanitary sewer casement for the benefit of the Residence Parcel, designated as "15' Private Sanitary Sewer Easement" on the Subdivision Plat, and is further described as "15' Private Sanitary Sewer Easement" and described in Note 3 on the attached Plat. Reference is hereby made to the aforementioned instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: DONNA C. DICK 0 • Michael L. Bryan 9 Court Square 2" Floor ester, VA • • 0 CD LJ STATE OF VIRGINIA, AT LARGE, CITY/e6H? T-Y OF W i nc Lt , to -wit: The foregoing instrument was acknowledged before me on the } oils` day of 6, 2006, by Richard G. Dick and Donna C. Dick, whose names are signed to the foregoing Deed dated the ai�n ay of 'r , 2006. My commission expires —) I 41) NOTPUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540-545-4130 Dct&\Diek to Governor's Hill 4/18/06 �, IRUINIA: FREDERICK COUNTY. SCT. 'his instrument of writing was produced to me on r with certificate of acknowledgement thereto annexed :..s admitted to record.T imposed by Sec.58.1-802 of ob- and 58.1-801 have been paid, if assessable 3 0 lichsel L Bryan 9 Court Square 2' Floor Winchester, VA 050027203 THIS DEED, made and dated this 16th of November, 2005.,• by and between JGR THRSS, LLC, a Virginia Limited Liability Company, ELLEN, LLC, a Virginia Limited Liability Company, LCR, LLC, a Virginia Limited Liability Company, MDC THREE, UC, a Virginia Limited Liability Company, SSySAN SANDERS, LLC, a Virginia Limited Liability Company, LIBERTY HILL, L.C., a Virginia Limited Liability Company, THOMAS A. Dom, by RICHARD G. DICK, his Attorney -in Fact, TIMOTHY J. DICK, by RICHARD G. DICK, his Attorney -in -Fact, and MICHAEL E. DICK, by RICHARD G. DICK, his Attorney -in -Fact, hereinafter called the Grantors, and GOVERNOR'S HILL, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate East of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, fronting on the Southern side of U. S. Route 50, containing 14.2512 acres, and being more particularly described by that certain plat titled "Boundary Survey of the Land of JGR Three, LLC, et als", drawn by Richard A. Edens, L.S., dated November 12, 2005, attached hereto and incorporated herein by reference as if set out in full; and being a portion of the lands conveyed to the Grantors herein by that certain Deed dated March 1, 2004, from • Hichael L Bryan 9 Court Square 2" Floor Winchester, VA �.i CD Carper's Valley Golf Club, L.P., a Virginia Limited Partnership, of record in the Clerk's Office of the Circuit. Court of Frederick County, Virginia as Instrument No. 040011820. Reference is made to the aforesaid instruments for la more particular description of the property herein conveyed. TAX MAP NO. 64-A-83A This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Thomas A. Dick, pursuant to Power of Attorney dated April 10, 2003, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 050026754. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Timothy J. Dick pursuant to Power of Attorney dated April 13, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026755. This Deed is executed by Richard G. Dick, as Attorney -in - Fact for Michael E. Dick pursuant to Power of Attorney dated 26, 2003, of record in the aforesaid Clerk's Office as Instrument No. 050026756. The Grantors do hereby covenant collectively and individually that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. 2 • 0 Michael L. Bryan 9 Court Square 2~ Floor Winchester, VA 0 0 WITNESS the following signatures and seals: JGR THREE, LLC 0 v cn By Lf% (SEAL) OHN G. RUSSELL, III, Manager ELLEN, LLC By -La. /�"� (SEAL) e�AOHN G. RUSSELL, III, Manager 6LCR, L�,C SEAL) LIMA C. RUSSELL, Manager NDC THREE, LLC By , !t7 (SEAL) OHN G. RUSSELL, III, Manager SUSAN SANDERS, LLC By A-- ./ (SEAL) jpdOHN G. RUSSELL, III, Manager LIBERTY HILL, L.C. B (SEAL) D G. DICK, Manager A. DICK, by RICHARD /j 7G.K, hi tor ney-j�7 j 100 7971CK, J. DICK, y RI &1RD � r�'� 1 an-Fct 91 HAEL -7 . ITi'L'1C, byT RI CHARD DICK, his Attorney -in -Fact • 0 Michael L. Bryan 9 Court Square 2" Floor Winchester, VA STATE OF VIRGINIA, AT LARGE, CITY/-eOtliaTY OF WINCHESTER , to -wit The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of JGR THREE, LLC, a Virginia Limited Liability (Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/eeuNixy OF _WINCHESM , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of ELLEN, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 NOT1,RY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/C-AtRffY OF WINCHESTER , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Linda C. Russell, who is Manager of LCR, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. 0 Michael L. Bryan 9 Court Square 2" Floor Winchester, VA Cn w My commission expires January 31, 2006 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/COblf 'f OF WINCHESTER , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of MDC THREE, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 Qa,,.� A. "A,4 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/Cft'WTY OF WINCHESTER , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by John G. Russell, III, who is Manager of SUSAN SANDERS, LLC, a Virginia Limited Liability Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31, 2006 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/CefiN= OF Winchester to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, who is Manager of LIBERTY HILL, L.C., a Virginia Limited Liability 5 r n Michael L. Bryan 9 Court Square P' Floor Winchester, VA 0 0 cn Company, and whose name is signed to the foregoing Deed on behalf of said limited liability company. My commission expires January 31. 20()6 2, /J NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/eebVT'Y' OF WINCHESM , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, Attorney -in -Fact for Thomas A. Dick, whose name is signed to the foregoing Deed. My commission expires January 31, 2006 'Q'an.' A , NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/ 'i'- OF WMHESTER , to -wit: The foregoing instrument was acknowledged before me on the 16th day of November, 2005, by Richard G. Dick, Attorney -in -Fact for Timothy J. Dick, whose name is signed to the foregoing Deed. My commission expires January 31, 2006 NOTARY PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/e8t?M OF WINCHESTER to -wit: The foregoing instrument was acknowledged before me on the 16th day of November , 2005, by Richard G. Dick, Attorney -in -Fact for Michael E. Dick, whose name is signed to 0 the foregoing Deed. My commission expires January 31, 2006 gig, NOTARY PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540-545-4130 Deeds\JGR Three to Governor's hill Michael L. Bryan 9 Court Square 2*1 Floor Winchester, VA \J • • Ll V1RUINIA: FRCDERICK COUNTY. SCT. This instrument of writing was Produced to me on I p;^ 1-05 at d'�'`�1 d A A and with certificate of ack,,M dgment thereto annexed was admitted to record. T imps b' $0Q 5'1802 of S t "1 aced 5&1-801 hRve been PSK if we ber CWk 0 v Cn Co • • ca 0 IV 070004129 ar • QUIT CLAIM DEED THIS QUIT CLAIM DEED, made and dated this P7tK day of January, 1998, by and between MARY K. HOCKMAN and ADOLPH HOCKMAN of the one part, hereinafter called the Grantors and The MARY K. HOCKMAN TRUST, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, cy the Grantors do hereby grant and convey unto the Grantee all of their right, title and interest �Y including any inchoate right they might have by virtue of ownership or by virtue of their 4113, marital relationship to Grantor or stemming from the augmented estate as that is defired in Section 64.1, et seq., of the Code of Virginia (1950), as amended, or any other rights which they might now have or hereafter acquire, in and to those certain lots or parcels of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, located in the Count of Frederick Virginia and better described o � Y g as. 1484 Route 50 East, 1486 Route 50 East and 1488 Route 50 East and also known as: All that certain tract or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, situate on the south side of U.S. Route 50, commonly known as Millwood Pike, approximately two (2) miles southeast of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 27 acres, more or less, and being the same property conveyed to Mary K. Hockman by W.R. Cook by Deed dated February 26, 1992 and recorded August 3, 1992 in Deed Book 781 at Page 1708 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. LESS AND EXCEPT a conveyance therefrom of 1.260 acres, more or less, to the Commonwealth of Virginia for the location, construction or other improvement of a portion of said Route 50, by Deed dated May 2,1 1970 and recorded July 9, 1970 in Deed Book 365 at Page 692 in the aforesaid Clerk's Office. • �J • 0 10o CD N c-n This conveyance is made together with but subject to restrictions, reservations, easements and agreements of record to the extent that they may lawfully apply to the property herein conveyed. Reference is hereby made to the above mentioned deed and records and to the references therein referred to for a more particular description of the real estate herein conveyed and for further derivation of title. WITNESS the following signatures and seals: Le r. ri • u�i/L�i/.J'�LIph. .� STATE OF • CITY OF I TO The foregoing instrument was acknowledged before me this 12th day of January, 1998, by Mary K. Hockman and Adolph Hockman. My Commission expires: /o /3t Jpo Pursuant to Section 58.1-811(d) of the Code of Virginia, 1950, as amended, no recording tax is applicable to this conveyance. VIRGINIA: FREDERICK COUNTY SCT This instrument of writing was produced to me on at I p : 3 anti aith certificate acknowledgement thereto annexe was admitted to record. Tax imposed by Sec, 58.1-802 of aad�, and 58.1-801 have been paid, if assessable. 464, 10"--� , Clerk -0 u 1 WaS prightaUy commissionee0A H Cgmrlm A. ►.andr'4- liotaty PUbtIG : r a _ old • VI. TAX TICKET • ViewDetail 0 • Page 1 of 1 • r: Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 140140001 FRQ: 1 Sup#: 0 Name: GOVERNOR'S HILL LLC Account#: 20706 Name 2: Map#: 64 A 83 Address: 8401 GREENSBORO DR STE 300 Description: 116.25 ACRES MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Land: $2,361,000 Improve: $46,400 Use: Original Bill: $6,319.43 Payments: $6,319.43- Acres: 116.25 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/23/2008 Total Owed: Penalty: Interest: _.. --- -- -------- ......... .._........ -__..._...--.................... ................ Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the \vcbsite again. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $6,319.43 $6,319.43 5/23/2008 Payment 53871 ($6,319.43) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://taxes.co.frederick.va.Lis/Applications/REPubIicIngLiiry/ViewDetai1.aspx 10/24/2008 ViewDetail 0 Page 1 of 1 • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 140150001 FRQ: 1 Sup#: 0 Naive: GOVERNOR'S HILL LLC Account#: 20705 Name 2: Map#: 64 A 83A Address: 8401 GREENSBORO DR STE 300 Description: 14.25 ACRES MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Land: $321,000 Improve: $57,700 Use: Original Bill: $994.09 Payments: $994.09- Acres: 14.25 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/23/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website anain. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $994.09 $994.09 5/23/2008 Payment 53871 ($994.09) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous hrips://taxes.co.fi•edericic.va.us/Applications/RCPubliclnquiry/ViewDetail.aspx 10/24/2008 ViewDetail Page I of I 0 • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 169370001 FRQ: 1 Sup#: 0 Name: CARPERS VALLEY DEVELOPMENT LLC Account#: 20707 Name 2: Map#: 64 A 84 Address: 8401 GREENSBORO DR STE 300 Description: 25.34 ACRES I...... MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Land: $210,400 Improve: $64,200 Use: Original Bill: $720.83 Payments: $720.83- Acres: 25.34 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 04/22/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $720.83 $720.83 4/22/2008 Adjustment 255 ($720.83) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.uslApl)lications/REPublicingtiirylViewDetail.aspx 10/24/2008 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES • Department# : RE2008 Ticket #: 169380001 FRQ: 1 Sup#: 0 0 40 Name: CARPERS VALLEY DEVELOPMENT LLC Account#: 20708 Name 2: Map#: 64 A 85 Address: 8401 GREENSBORO DR STE 300 Description: 1.00 ACRE MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Land: $56,000 Improve: $157,900 Use: Original Bill: $561.49 Payments: $561.49- Acres: 1.00 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/23/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $561.49 $561.49 5/23/2008 Payment 53883 ($561.49) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/Applications/RCPtabliclnquiry/ViewDetail.aspx 10/24/2008 ViewDetail i Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 56480001 FRQ: 1 Sup#: 0 • .7 Name: CARPERS VALLEY DEVELOPMENT LLC Account#: 20709 Name 2: Map#: 64 A 86 Address: 8401 GREENSBORO DR STE 300 Description: 107.44 ACRES MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Land: $2,148,800 Improve: $1,109,500 Use: Original Bill:$8,553.04 Payments: $8,553.04- Acres: 107.44 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/23/2008 Total Owed: Penalty: Interest: ...-.---- ............ —.—..—._.__....__...-- -- ...----................ ._._...__._..._..-- Note that if payment has been received .... ---................... --- ... .............. ...__.._...- within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $8,553.04 $8,553.04 5/23/2008 Payment 53883 ($8,553.04) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.fi•ederick.va.us/Applications/REPubliclnquiry/ViewDetai1.aspx 10/24/2008 ViewDetail • • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES • Department# : RE2008 Ticket #: 56490001 FRQ: 1 Sup#: 0 • • Name: CARPERS VALLEY DEVELOPMENT LLC Account#: 20711 Name 2: Map#: 64 A 87 Address: 8401 GREENSBORO DR STE 300 Description: 17.97 ACRES MCLEAN VA 22102 Bill Date: 20080605 Due Date: 06/05/2008 Page 1 of 1 Land: $359,400 Improve: Use: Original Bill: $943.43 Payments: $943.43- Acres: 17.97 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 05/23/2008 Total Owed: Penalty: Interest: -- - - -- -- ---- ---- - --- .._.__.... _......... -............... --.... --- Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $943.43 $943.43 5/23/2008 Payment 53883 ($943.43) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://taxes.co.frederick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 10/24/2008 • V. SURVEY PLAT & DEED Eastern Frederick Coun Road Plan .I U,b., D,,d.pm:m Alta Eastern Road Plan �� I:en I!{w Mandl ITyler.fa Lt>\.xMafal ^� t/M 1l..w MYsl 4ryra:aC 4rarMMY ^� Nwt Lya ta^aaw 4^p�u.eO Naar Co'a4u ��� 11ri I!nor CeVCar ��� Lr�re.aO L•rorla.'aUu '�\ , Sexer811'a:er Sanitt Area 0 0.250.5 1 1.5 2 2.5 3 I 1 I I I I_� M11nes T, i. Exhibit 1 — Current/Adopted Eastern Road Plan i J-1-71 Q; 2A '44 37 4o 41 0 42. A, 4L 44 411 47, IV New Major Collector 46 IVNew minor Collector 50 /\/improved Major Collector "Improved Minor Collector 151 52 3U 42. /V New Major Artery /54 55 Ito May 11, 2005 N 0 0.5 1 2 Wes 27 w E Current EASTERN ROAD PLAN Frederick I Exhibit 2 2005 Eastern Road Plan 339 has endorsed this application, Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing, Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the Transportation, Community, and System Preservation (TCSP) Program Grants. WHEREAS, the Transportation Community, and System Preservation (TCSP) Program provides finding for a comprehensive initiative including planning grants, implementation grams, and research to investigate and address the relationships among transportation, community, and system preservation plans and practices and identify private sector -based initiatives to improve those relationships. A 20% match is required from Frederick County; and WHEREAS, Tevis Street Extension, Senseny Road Widening, and the Intersection of Fox Drive and Route 522 are needed improvements in Frederick County; and WHEREAS, Eastern Route 37 is a critical need for Frederick County's long range transportation system; and WHEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Departmertt submit an application for funding from the Transportation, Community, and System Preservation (TCSP) Program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby supports the application for the above listed projects from the Transportation, Community, and System Preservation (TCSP) Program. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr, Aye . Gary W. Dove Aye Bill M, Ewing Aye Philip A. Lemieux Aye Barbara E, Van Osten Aye OTHER PLANNING ITEMS: MASTER DEVELOPMENT PLAN #10-06 OF GOVERNOR'S HILL - APPROVED Planner 11 Candice Perkins appeared before the Board regarding this item. She advised this was a master development plan for commercial and 550 residential units, The applicant proffered a generalized development plan as part of the rezoning application. The major roadways are to be constructed and the townhouse roadways do reflect a modification to the layout, but not the proffered generalized development plan. She concluded by saying that the Master Development Plan is consistent with the proffers and land use plan and the Board is being requested to grant staff ;vllnu[c Boo: Bonrd or Su Exhibit 3 — 3/14/07 BOS Meeting Minutes for Governors Mill MDP Approval 34011 0 administrative authority to approve this plan. Upon a motion by Supervisor Fisher, secondedby SupervisorLemieux, theBoard authorized staff to administratively approve Master Development Plan #10-06. Supervisor Fisher stated that he would like the applicant to request access for Inverlee Way at Route 50 to access Coverstone Drive and ultimately cul-de-sac Coverstone Drive at the intersection of Route 50/Sulphur Springs Road. He stated that theBoard would try to work with the applicant to see that it occurs. Chairman Shickle asked staff how the process would work and if it would require only a modification to the master development plan. Director Lawrence responded that he would have to investigate the proffers because the proffers might have to be amended. Administrator Riley stated that if the request occurs the County would expedite the application through the process. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye BOARD LIAISON REPORTS There were no Board liaison reports, CITIZEN COMMENTS John Lamanna, Shawnee District resident and Chairman of the Frederick County School Board, stated the communication between the two boards has been open, honest, and collaborative, for the most part. The School Board has put forth an honest budget and he wanted to snake sure the residents knew that the reduced state and federal funds and unfunded mandates were the reason for the additional local monies requested. He stated that the current local money is 21.6% less than last year and tonight's discussion is desperate. He advised that the School Board began with a request of $12.1 million, but the Board and Finance Committee only funded $4.3 million. He stated that list Minute Book Nnniber 32 Board of Supervlsors Regular Meeting of 03/14/07 0 0 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH RA Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 a TM r� ME W A To: John Bishop, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: September 3, 2008 Project Name/Subject: Governors Hill Rezoning/527 Materials PHR+A Project file Number: 13415-1-8 Please find attached die following documents for the Governors Hill Rezoning Application for your review and distribution to VDOT: 1. 6 copies of die revised Governors Hill TIA dated August 14, 2008 (report only — no appendix) 2. 3 CDs containing electronic versions of the full TIA, Synchro worksheet, traffic counts, scoping document, and VDOT comment response memo. 3. 2 CDs containing electronic versions of die Synchto Files. 4. Check in the amount of $1,000.00 for the 527 application fee. 5. 6 copies of die revised Proffer Statement dated September 2, 2008. 6. 6 copies of the revised Master Development Plan dated August 29, 2008. 7. 6 copies of die proffered plan entitled "Governors Hill Road Improvements." 8. 6 copies of the proffered design manual. 9. 6 copies of the VDOT comment response memo. If you have any questions, please feel free to call me at (540) 667-2139. PRS , ��90, i L COUNTY of FREDERICK Department of Planning and Development ® 540/665-5651 1739 FAX: 540/ 665-6395 1738 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 11, 2009 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #10-08 for Governors Hill. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Carpers Valley Development 8401 Greensboro Dr. Ste 300 McLean, VA 22102 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 l 0 .'�06/2008 DATE � I � � � NO. 0641 /LKHS2 RECEIVED FROM 5 Y 0 ,, 50381 n ll �M� DDRESS st. 30:� �} o"?�t' CO2 It►C 1 ' *t t h mxDaird1� A r o J cJ C o y LLARS S SO - �FOR RENT _lFno rA r.- I ry p, �i Y 11 ) . n nl l� 5.00 • eo _/ ,53 P4-9 H AMT. OF -'"u� 1 ACCOUNT CASH AMT. PAID I 5.00 CHECK %, t,., p u' 1 BADUECE MONEY s�9 4U .00 1 ORDER BY �� r .00 �.00 *Balance Due $ .00 Pd by PLANNING Che—BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE cMONTH 58711/2008 # VARIOUS 1"R+ RAA 90A ,q�Papua1xg moys :0 s ,anuand d [up anP i0cp0 3uai ssin SoQ s amtr 11, T •zdd V� 1� Q �! � xes �O3 'RICK COUN .Y Date : 11/06/2008 WILLIAM ORNDOFF, JR Register: JKH/LKHS2 LOT r.0. BOX 225 Trans. #: 50381 # iaQ9'. Dept 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 PLANNING Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 55875.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2008 0 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH RA Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Candice Perkins, MCP Organization/Company: Frederick County Planning From: Patrick Sowers Date: January 20, 2009 Project Name/Subject: Governors Hill PHR+A Project file Number: 13415-1-8 cc: Please find attached 30 copies of the following documents for die Board of Supervisors meeting for Governors Hill: 1) MDP (24136 — black and white) 2) MDP (11z17 — color) 3) Design and Development Standards 4) Road Improvements Plan Please feel free to call wid-i any questions. PRS 0 d Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street R+AWinchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 To: Candice Perkins, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: January 16, 2009 Project Name/Subject: Governors Hill Rezoning and MDP PHR+A Project file Number: 13415-1-8 cc: Please fund attached revised application materials for Governors Hill. The materials have been revised per the conunittnents made at the January 7, 2009 Planning Cominisson meetings. The modifications are as follows: Proffer 1.2: Revised to match the title of the Design and Development Standards to address comment made by the County Attorney. Proffer 1.6: Revised to require a revised TIA if the project exceeds 1,285,000 square feet of commercial space regardless of ADT threshold. Proffers 12: Revised to reference Master Property Owners Assocation and Residential Property Owners Association to address cominent by County Attorney. All references to Homeowners Association within the Proffer Statement has been revised to Residential Property Owners. Proffer 14.3: Revised to require an avigation easement to be dedicated for the Property prior to issuance of the 1" building permit. Proffer 15.2: Revised to provide $20,000 monetary contribution in the event the Applicant is not required to (PHASE 4) design off -site Coverstone Drive. Proffer 15.5: Revised to peril -lit monetary contribution to be used for stgnalizatlon "or other road improvements" at the intersection of Victory Road and Route 50. Proffer 15.6: Revised to permit monetary contribution to be used for signalization "or other road improvements" at the intersection of Prince Frederick Drive and Costello Drive. Proffer 15.12: Revised to requite the construction cost estimate for the equivalent monetary value for road improvements to be verified by VDOT. Proffer 15.14: Proffer added to provide equivalent monetary costs for any proffered road unprovetnent that is constructed by others. The MDP has been revised to sitnply include the revised proffers on Sheet 4. If you have any questions, please feel flee to call me at (540) 667-2139. f, N 6 2009 Patton Harris Rust & laociates 40 Engineers. Surveyors. Planners. Landscape Architects. PHR117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 8 2o�g F 540.665.0493 Transmittal To: Candice Perkins Organization/Company: Frederick County Planning Address: Telephone Number: Date: December 18, 2008 From: Patrick Sowers Project Name/Subject: Governors Hill Via: Internal Project File #: Quantity 45 Sets Notes: File # Date Description Transmitted ® Herewith MDP — 24" x 36" Format ❑ Under separate cover MDP - 11" x 17" Format Material ® Originals Design Guidelines ❑ Photocopies ❑ Diskette Road Improvements Plan ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ® Your Files ❑ Approval ❑ Please Return: Corrected Prints —aa —0 ❑ Please Submit: Revised Prints Received by: Date: 0 0 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH A Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Candice Perkins, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: December 12, 2008 Project Name/Subject: Governors Hill PHR+A Project file Number: 13415-1-8 cc: Please find attached a revised proffer statement and MDP for the Governors Hill application, both dated December 8, 2008. The MDP has been revised to depict the most recent proffer statement and 50% minimum useable open space for the commercial land bay (see coversheet). I have also attached a redmarked version of the proffer statement so you can see what changes have been made since the October 31, 2008 version. Also attached is a revised Proffer Comparison depicting the changes between the approved 2005 proffer statement and the proposed December 8, 2008 proffer. Lastly, I have attached an analysis depicting the impacts that 200,000 square feet of office uses would have on the existing transportation network if that amount of office space was constructed and accessed the existing completed portion of Coverstone Drive. As shown, a level of service C would be maintained with 200,000 square feet of office uses without the need for additional transportation improvements. If you have any questions, please feel free to call me at (540) 667-2139. Patton Harr. ust & Associates n. hd.' is 0 PH1 - V: o.: Harrisonbi Lee5bu 19 Newport News Norfolk V,'mchestel Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES' Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE: Allentown T 540.667.2139 F 540 665 0493 1 17 East Suite 200 Winchester V-' 22601 10 November 2008 Ms. Candice E. Perkins, AICP Senior Planner Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Governors Hill Rezoning and MDP Dear Candice: NOV 1 0 2008 On behalf of the Applicant, I would request that the Planning Commission public hearing for the Governors Hill Rezoning and Master Development Plan application be scheduled for the January 7, 2008 Planning Commission meeting date. Please feel free to call if you have any questions. Sincerely, PATTON H S RUST & ASSOCIATES Patrick R. Sowers cc: Carpers Valley Development LLC CORPORATE: Chantilly VIRGINIA OFFICES: Chantilly Charlottesviiie Fredericksburg Harrisonburg Leesburg Newport News Norfolk Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Valley Williamsport PENNSYLVANIA OFFICE Allentown Patton Har01b lust & Associates Engineers. Surveyors Planners, Landscape Architects 3 November 2008 Mr. John A. Bishop, AICP Deputy Director - Transportation Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 0 t, 7 3 2008 RE: County Transportation Comment on the Rezoning Application for Governors Hill Dear John: The following is in response to review comments per your letter dated October 29, 2008. We have attached revised application materials including revised Proffer Statement and Master Development Plan both revised October 31, 2008 as well as the Governors Ifill Road Improvements Plan revised October 30, 2008. We have also enclosed our response to VDOT comments received on October 27, 2008. The responses to your comments are as follows: T 540 667,2 139 F 540,665 0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 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 Inverlee Way, whereas this new application changes that scenario in spite of the addition of acreage that would have allowed your client to be part of establishing the planned road network. a. In recognition of this disparity, staff would recommend that at 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. Removing the connection to Route 50 at Su phur Springs Road will provide a safer transportation network. The plan to provide a cul-de-sac in place of the Su phur Springs connection is also in keeping with the direction provided to the Applicant by the Frederick County Board of Supervisors during the Marro 14, 2007 Board Meeting when the BOS granted approval of the Master Development Plan. 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 o the signal at Route 50 is less at Inverlee 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 P+A by comparison. 1L� Your assumption that on -site roadway const»rction has decreased assumes that Comi-s7one Drive is the only roadway being built to serve the Properly internally as was the case with the 2005 rqlorrirrg application. Under the proposed plan, Cover -stone would loop through the cornnzercial land Gay with Ta.Zewell Road providing access to residential land bays; the annoy site, a small area of commercial uses, and the connector roadway to Arbor Court. In fact the length of proposed on site roads is preater with the revised plan than the current j17DP. l tle are not sure if the comparison of it f astn1ctum costs is an appropiate litmus test for detenuining if a land plan is in the best interest of the County. If that were the case it would be necessay to include all the costs that the Applicant has endrued in order to provide the elements that were needed to achieve the Board of Supen)isoi-s goal of a safe road network. Ve also consider- the improvements proposed for Rollie 50, Prince .Frederick Drive, Custer Drive, and Supber Springs Road to be substantial in that they mirror the sztggested improvements proposed by the TIA in order to adequately serve the site and srrr i oundiiig uses. Lastly, it is important to note that the Applicant, at the raging of the County, puichased the property necessag to make the Irrverlee connection possible. Vhile this area is pact of the commercial land bay, the majority of it cannot be used for commercial uses drte to site constraints and the fact that it is bisected by Cover tone Drive. 1-Ylben comparing the traasporlatioa proffers of the 2005 re�onirrg rvit/� the ctrr i eat pr oposal, there are actually increased costs to the Applicant. 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 clarify. lY/e have revised the proffer to reference 49,351 as depicted by the TIA dated Atrgztst /4, 2008. 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. As suggested, we have revised the proffer .rtatement to state that the pedestrian -bicycle trail will be built to VDOT standards. 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 of the roadway by 3.5 years. The final completion date has been moved to 2015 in recognition of current Market trends. More importantly, until such time that Route 522 is relocated and connection with Coverstone made possible or until Governors I -Jill develops (triggering road constrxrction by proffer), there is little need for Coverstone Drive to satisfy ary latent demands ill the 1L +A eazstirrg tia�c network. PH6. Regarding proffer 15.2, the time deadline proposed for the proffered design of Coverstone extended was not present in the current proffers, and it does not appear to me that it would be in the Counts best interest to endorse one now. Please modify. U% added this note to the Proffer Statement to avoid a scenario in which the Applicant maintains a perpetual obligation which could never be fudfulled As such, we feel the language is appropriate and provides ample time to determine the alignment of relocated Route 522. 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. Proffer 17.1 provides all escalator clause for any nuonetay contribution to ensure that any proffered monetary amounrts are in ,beeping with inflation. The escalator clause states that arty monetary contribution not paid to the County within 30 months of October 12, 2005 (approval date of RZ 11-05) would have to he adfusted per the Consumer Price Index. This will ensure that the value of the original proffer has not deflated with the proposed proffer modifications. 8. Regarding proffer 15.6, the $150,000 that was proffered in 2005 toward the signalization of the intersection of Prince Frederick and Costello was likely 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. As referenced in ny response to Comment 7 above, this monetay contribution world be .r111 ject to adfnstment for inflation per the Consumer Price Index;. Nevertheless, the Applicant has revised Proffer 15.6 to provide a naonetag contribution in the anuourrt of $175, 000 for this signal. • 0 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. Proffer 13.12 states that the Applicant mill make good faitl� fforis to obtain any needed off site fight of mays and wourld not be responsible far the construction of off -site road improvements olzy if the County andf or State do not obtain the right -of -may. In response to join• comment, we have revised Proffer 13.12 to state that should the implementation of proposed off -site Mansportation ivuprovevuents not be feasible duce to an ultimate lack, of �( right -of --may, the Applicant zvill provide a vzonetay contrzburizo/z to the Count that is f� � equivalent to the estimated cost of those road improvevaents that could not be implemented! The moneta y contribution mould coincide with the commercial square footage threshold that Ing' gers the requrired off -site road improvement. 10. Regarding proffer 15.13, I'm not quite 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 in direct conflict with proffer 1.6. UIe have revised this proffer to state that airy frture trafc analyses will rise Code 820 `Retail" per the I.T.E. Trip Generation Manual 7`r' Edition for a/y retail use other than general office uses. This will ensure that f rture traffic studies are consistent with the study prepared as paiY of the proposed rezoning application. Please feel free to call if you have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R. Sowers PRS/ld cc: Carpers Valley Development LLC 0 • I 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 COUNTY of FR EDERI K Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 December 30, 2008 E-mail: rwillia@co.frederick.va.us Re: Governors Hill — Rezoning Proffer Statement dated December 8, 2008 Dear Patrick: 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. Regarding Proffers 1.1 and 1.2, design and development should either be in "confonnance" or "substantial confonnance" with the MDP and the "Design and Development Standards". Also, in Proffer 1.1, any modifications of an MDP require County approval of a revised MDP. Finally, concerning the "Design and Development Standards", there should be a comma after "Standards" and the particular "Design and Development Standards" document should bear that title on its cover page. 2. Regarding Proffer 1.6, the genesis of the ADT number is unclear, for purposes of determining if it might be an appropriate baseline. Also, staff should be aware that the Traffic Impact Analysis that would be used to support an increase in building square footage would be prepared by a consultant of the Applicants' choosing. 3. Regarding section 3 of the Proffers, as County tax records do not indicate that the transfer of Tax Map Parcel 64-A-82 has been completed yet, it still appears that provisions from Paragraph 3.3 of the 2005 proffer statement should be included here, regarding the Armory dedication. 4. Regarding Proffers 4.1 and 4.2, County Code § 165-72(M), regarding phasing, requires that a reasonable balance be maintained between residential and nonresidential uses, § 165-72(M)(3). Therefore, the failure of Proffers 4.1 and 4.2 to provide any balance over time between development of the residential and nonresidential uses of the property to be rezoned would not be in compliance with the County Code. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers December 30, 2008 Page 2 5. Proffer 7.2 continues to provide that the fire and rescue contribution would terminate if the volunteer fire and rescue company ceased being a volunteer company or if the County adopts a fee for service plan for fire and rescue services. In particular in the former instance, the County would still incur costs, likely increased, for providing fire and rescue services and therefore a need for the contribution (to the County in lieu of the company) would seemingly still exist. Also, staff should note that, while the obligation to make the annual contribution will be the obligation of the master POA, the Proffer provides that the obligation shall be monitored and enforced by the master POA, which would in effect be self -monitoring and self -enforcement. Separately, I would note as well that the references in Proffer 7.2 to a master HOA should be to a master POA. 6. Regarding section 12 of the Proffers, the reference in the heading should delete the term "Homeowners"' and, in Proffer 12.1, it appears that the reference should be specifically to a master POA. In Proffers 12.1, 12.4, and 12.5, the terms "homeowners" and "HOA" should be changed to "property owners" and "POA", respectively. Also, the use of multiple POAs for the residential portion of the development does not appear to be necessary; one POA for the residential portion of the development seemingly should suffice, with that POA then being subject to the master POA for the entire development. 7. Proffer 12.6 says that the respective commercial POA(s) will be responsible for maintenance of any SWM facilities under common (open space) ownership. Does this mean that there will also be certain SWM facilities that will under individual commercial lot owner ownership? If so, then staff should ascertain whether any further provisions regarding such private ownership of SWM facilities would be necessary or appropriate. Also, does the reference to SWM facilities only in conjunction with the commercial POA(s) mean that there will be no SWM facilities within the residential component or, if there will be, that the master POA will be responsible for them? 8. In Proffer 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. 9. Proffer 14.3, regarding the granting of an avigation easement, does not address the handling of a situation in which the Applicants and the Airport are unable to reach mutual agreement on such an easement. 10. Regarding Proffer 15.7, parcel 64-A-83B, which was a part of the previous rezoning of the development, prior to its subdivision from parcel 64-A-83 in 2006, is not included in the current rezoning. The subdivision deed for parcel 64-A-83B, Instrument Number 060002436, provides that title to the parcel "shall include appurtenant and perpetual right of way or easement, 60' in width, for purposes of ingress and egress", said right of way or easement being over parcel 64-A-83. Proffer 15.7 states that current driveway, which presumably uses the referenced right of way or easement, will be closed, with alternate access to be provided via the development's internal residential street network. Given that the owners of parcel 64-A-83B have not joined in the current rezoning and that Proffer 15.7 appears to propose a significant change in the rights of Mr. Patrick Sowers December 30, 2008 Page 3 parcel 64-A-8313 (the current right of way or easement serving parcel 64-A-83B is 60 feet wide, as wide as that of the proposed Tazewell Road, and offers direct access to Millwood Pike), it is altogether unclear that the Applicants will be able to satisfy Proffer 15.7. 11. Regarding Proffer 15.10, is the correct reference for VDOT standards for private streets and roads a reference to "structural" standards? 12. Regarding Proffer 15.11, design should either be in "conformance" or "substantial conformance" with the referenced plan. 13. Proffer 15.12 is unclear as to what it means for the Applicants to "obtain" the subject rights of way, in terms of whether the Applicants would facilitate direct acquisition by VDOT and/or the County or whether the Applicants would snake the acquisition in their own names. In this context, the Proffer is also unclear regarding precisely what items the Applicants would be willing to make payment for? Is it land acquisition cost or construction cost, depending on whether the rights of way can be "obtained"? Finally, with respect to construction cost, it may be better if the Proffer set out a mechanism for calculating such costs. 14. Proffer 15.13 Rropose using only Code 820 "Retail", per the I.T.E. Trip Generation Manual 7" Edition, for any commercial use other than office use, but Proffer 1.3 would allow any B2 use in the commercial portion of the development. Therefore, use of I.T.E. classifications other than "Retail" may be appropriate if a proposed use is other than retail or office. 15. Regarding Proffer 17.1, I have not reviewed how the Proffer Statement comports with the County's current proffer guidelines, but I note that the 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. With the 30 months referenced in the 2005 rezoning proffer statement and in Proffer 17.1 having now passed, it may be more appropriate to update the monetary amounts and then change the date in the escalator clause to that of the new rezoning. 16. The cover page of the master development plan materials you have submitted bears the title "Preliminary" Master Development Plan. It would appear that the word "Preliminary" should be removed. 17. The cover page of the master development plan materials you have submitted also contains several items that need to be addressed: a. The materials indicate two proposed waivers of County Code § 144-24. Is the applicant seeking these waivers at the present time? If so, then the applicant should follow the procedure under County Code § 144-72(0). If not and if the text remains on the cover page of the MDP, then staff should ensure that any proposed approval resolutions for the rezoning make clear that the waivers have not been applied for and therefore are not being granted as part of the rezoning approval. Mr. Patrick Sowers December 30, 2008 Page 4 b. Concerning item 1 of "Road Notes", such modifications of an MDP require County approval of a revised MDP. c. Concerning item 1 of "Commercial Area Dimensional Standards", the MDP states that the commercial buildings will have a maximum height of 60 feet. The maximum allowed building height for B2 uses generally in the County is 35 feet. County Code § 165-83(A). If the applicant wishes to seek a waiver of this limitation, then the applicant should follow the procedure under County Code § 144-72(0). Otherwise, staff should ensure that any proposed approval resolutions for the rezoning make clear that the waiver has not been applied for and therefore is not being granted as part of the rezoning approval. 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 review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Candice E. Perkins, AICP, Senior Planner, Department of Planning and Development Ll COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 April 22, 2008 E-mail: rwillia@co.frederick.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. 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 proposes "relative conformance" 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 • Winchester, Virginia 22601 0 E 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. J 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. i 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). • 0 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, V7R 1�� - Roderick B. Williams County Attorney cc: John R. Riley, Jr., County Administrator Candice E. Perkins, AICP, Senior Planner, Department of Planning and Development 0 • • Patton Harris Rust & Associates Engineers. surveyors. Flanners. Landscape Architects. Gov 007 PI—IR+-Williarnsport, Suiter nor Lane Marylandg21795ard T 301.223.4010 • F 301.223.6831 Memorandum To: Matthew Smith, PE Organ izationlCompany: Virginia Department of Transportation (VDOT) From: Michael Glickman, PE Date: November 5, 2008 Project NamelSubjeet: Governors Hill Development PHR+A Project file Number. 13415-3-1 Plan Number: Patton Harris Rust & Associates (PHR+A) has prepared this document as an addendum to the report titled: A Ticr�lic h0acf Analysis of Got)enioi r I -Jill QuyloPment, dated August 14, 2008, by PHR+A. The purpose of this addendum is to provide initial phase analyses for the Year 2011. The initial phase will include 200,000 square feet of office. Access will be provided via a site - driveway to be located along the southeast of the intersection of Prince Frederick Drive/Costello Drive. All other methodology remains consistent with the aforementioned August 14, 2008 study. Analyses are provided for 2011 build -out conditions. INITIAL PHASE (2011) - TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Tiip Generation Re o 1, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Initial Phase Governors Hill Development. Table 1 Proposed Development: Governors Hill Initial Phase - 2011 Trip Generation Summary Code Land Use Amount ANI Peak Hour I'M Peak Hour ADT SAT Peak Hour ADT In Out Total In Out Total In Out Total 710 Office 200,000 SF 287 39 327 51 251 303 2,275 35 30 65 446 Sub -Total 287 39 327 51 251 303 2,275 35 30 65 446 Figures 1 is provided to show the developnnent-generated weekday ATA/PIVI peak hour trips and ADT as well as Saturday mid -day peak hour trips and ADT during initial phase. Page 1 of 7 Patton Harris Rust & •ociates Memorandum To: VDOT Page 2 of 7 No Scale ' 0 00 >>9 50 522 Jj. 50 10`�'� SoQ��q'S O `�! !lo Cd 0 45 00 SITE �Afke Sul hursptu1 gs Road 522 Sp ' 67 C0 W Weekday ADT Satlll'Claj' AD'I' AM Peak IIour(PM Peak How')[SAT Peak Howl Figure 1 2011 Initial Phase: Development -Generated Trip Assignments Patton Harris Rust & • ociates • Memorandum To: VDOT Page 3 of 7 INITIAL PHASE (2011) BUILD -OUT CONDITIONS The initial phase Governors Hill trips, shown in Figure 1, were added to the 2011 background traffic volumes to obtain 2011 build -out conditions. Figure 2 shows the initial phase 2011 build -out weekday ADT and AM/PM peak hour traffic volumes as well as Saturday ADT and inid-day peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective weekday AIVI/PM peak hour and Saturday inid-day peak hour levels of service and lane geometry. PHR+A has provided Table 2 to show the 2011 build -out levels of service and 95"' percentile back of queue for each lane group. All SYNCHRO level of service worksheets are included in the Appendix section of this document. Patton Harris Rust Associates Memorandum To: VDOT Page 4 of 7 No Scale ti h 50 O �� b ,6/r698 )68)� 8O4)/I8 /roI1)[1731 522 M�n1 n11 ,�A1 So p 11 rs(r S3 � 3��p /r1,12 "T yQc �Jls. /S 6/(� y6)3r_ i 40 Coo /4�/��09.?08 - .1 01I lA�9S e40 D�/ve G ]�•G� �3�� 6/ c��� fr`O�SJ/� •�� e,� -� ti ti Jl QS e� J, 14725 boa SITE w �g6 SulphurSprl,lgs Road 522 �.1 o\ 50 8757 Cp 1110 /�rls �� �lb i 1 Saturday ADT M Peak Hour(P1VI Peak Ilour)[SAT Peak Hour) PT TP Figure 2 Initial Phase: 2011 Build -out Traffic Conditions Patton Harris Rust,& lossociates No Scale Signalized Intersection G� LOS=B(B)ICI �1\ o Sigiullized z� Intersection �? LOS=6(C)[BV Unsignalized Intersection Memorandum To: VDOT Page 5 of 7 �osfef/o Unsignalized e Intersection t o Signalized Intersection �`► % 4t� �/t� LOS=B(a)IaI t� O j!9 SITE / �d��ke SillhurS rings Raid Signalized "Suggested Iticrscctimi Improvements" LOS=A(B)IAj Signalizatimi** 50 9 ,b. :91 9 j� Unsignalized / a Ord Intersection 1 .E Denotes stop sign control n! Denotes traffic signal control * Denotes Unsignalized Critical Movement ** Proffered Improvements AM Peale Hour (P1VI Peale Hour) [SAT Peale Hour] / \ Note: See Table 2 for levels of service by "Lane Group" Figure 3 Initial Phase: 2011 Build -out Lane Geometry and Levels of Service Patton Harris Rust Issociates • Memorandum To: VDOT Page 6of7 Table 2 Governors Hill Development Levels ol'Service and Back of Queue (95 G,) Results Initial Phase: 2011 Build -out 'traffic Conditions (With Inlorovenents) Intersection Traffic Control Lane Group/ Approach AAI Peak Ilour PrU Peak Hour SAT Peak (lour LOS Back of Qucue LOS Back of Queue LOS Back of Queue Route 522 & Costello Drive Signalized 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 C 820 D 105.0 D 152.0 WB/LT C 83 0 D 104.0 D 1520 WB/R B 25.0 B 1 52.0 B 118.0 WB LOS C C C NB/L B 0.0 C 250 D 25.0 NB/r Lane I B 140.0 D 1940 C 205.0 NB/I' Lane 2 NB/I'R NB LOS B B C SB/L C 79.0 D 208.0 D 435.0 SB/r A 135.0 A 170.0 A 96.0 SB/rR SB LOS A 13 C Overall LOS B B C Prince Frederick D DriveCostello Drive Unsignalized EB/ L D 25.0 C 30.0 B 25.0 EB/R NB/LT B A 25.0 25.0 A A 25.0 25.0 A A 25.0 25.0 SB/rR Route 50 & Prince Frederick Drive/Custer Avenue Signalized EB/L A 25.0 C 90.0 B 48.0 EB/i' Lane I C 192.0 B 162.0 C 152.0 EB/r Lane 2 EB/R A 45.0 A 25.0 A 25.0 ED LOS C B B WB/L B 79.0 D 48.0 B 41.0 WB/r B 118.0 C 3300 C 1860 NB/rR \VB LOS ❑ C C NB/LT C 58.0 C 1 2300 C 76.0 NB/R A 25.0 A 480 A 29.0 NB LOS B C B SB/LTR B 1 136.0 B 75.0 A 63.0 SB LOS B B A Overall LOS B C ❑ Routc 50 & Inverlee Way Unsignalized EDIT Lane I EB/r Lane 2 WB/r Lane I Wl3rr Lane 2 WB/R SB/R 12o 50s Sulpha Springs Road Signalized EB/L A 25.0 B 102.0 B 131.0 ED/r Lane I A 85.0 A 580 A 72.0 EB/r Lane 2 EB LOS A A A WB/I' Lane 1 ❑ 110.0 C 2760 C 183.0 WBT Lame2 1VB/R A 1 25.0 A 1 35.0 A 1 32.0 \VB LOS ❑ B C SB/LR C I213.0 C 9G.0 C 1 203.0 SB LOS C C C Overall LOS B ❑ ❑ Route 50 & Victory Road Signalized EB/L r\ 25.0 A 31.0 A 25.0 EB/r Lane I A 75 0 A 77.0 A 50 0 EB/r Lane 2 EB/R A 25 0 A 25.0 A 25.0 EB LOS A A A \VB/L A 25 0 B 28.0 A 25.0 WB/1' A 81 0 D 230.0 A 91.0 WB/rR A 81.0 B 230.0 A 91.0 \V❑ LOS A B A NB/LTR D 45.0 C IOS.O ❑ 40.0 NB LOS A C B SB/LTR D 25.0 A 25 0 777775.07 SB LOS B A A Overall LOS A B A ..Assumed 25 feel Vehicle Length ED = Eastbound, 1VB =Westbound, NB = Northbound, SB = Soulhbound L: Le❑, T:Thru, R: Right Patton Harris Rust As'sociates CONCLUSION Memorandum To: VDOT Page 7 of 7 Based upon Synchro analysis results, all the study area intersections, except the intersection of Route 50/Victory Road, will maintain level of service "C" or better during 2011 build -out conditions. Traffic signalization is proffered at the aforementioned intersection of Route 50/Victory Road to maintain acceptable level of service. APPENDIX 0 i Synchro Worksheets PHR+1\ CORPORATE tI li . VIRGINIA OFFICES Ha•r,s�n�r,r:a LeeSdarq tie�p��rt rye„� LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Coli Frederick Germantown Hollywood Hunt Volley Williamsport PENNSYLVANIA OFFICE Allentown Patton Harr*Rust & Associates Engineers. Surveyors Planners. Landscape Alchlteets 3 November 2008 Ms. Candice E. Perkins, AICP Senior Planner Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 0 RE: Proposed Rezoning and Master Development Plan for the Governors Hill Project Dear Candice: The following is in response to review comments per your letter dated October 29, 2008. For your reference, I have attached revised application materials including Proffer Statement and Master Development Plan both dated October 31, 2008 as well as the proffered Governors Hill Transportation Improvements Plan dated October 30, 2008. Our responses to comments are as follows: Rezoning Comments T 540 667 2139 F 540 665 0493 117 East Piccadilly Street Suite 200 Winchester. VA 22601 1. TIA - Proposed Uses. The TIA states that the site will be used for a mixture of office and retail uses (900,000sf retaiV385,000sf 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. Proffer 1.6 limits the total square footage of the development to a total of 1,285,000 square feet as modeled by the TIA. Additionally, Proffer 1.6 limits the commercial area of the Property to a total trip generation of 49,351 ADT as depicted by the TIA unless additional transportation mitigation is provided by the Applicant that is approved by the County and VDOT. This ensures that the land use does not exceed the trafficprojections modeled by the TIA thus eliminating the need to proffer 900,000sf retail and 385,000if office speciiII ly. 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. 0 0 The proposed monetay proffer remains unchanged from the October 12, 2005 approved proffer statement. Ike would like to also note that the reduced per unit nlonetay contribution included in the approved 2005 proffer statement did not include a conlnierrial off el, but rathergave credit for the 10 acre tract dedicated with the 2005 re.Zoning for the Aniog. As a filrther note, no credit was taken for the 10 acre parcel that was proffered to the County for the Public Safety Building As the Applicant is not requesting any additional residential units from the 550 dwelling units that were approved in 2005, we feel that it is appropriate and reasonable to maintain the per unit nionetay proffer approved will) the 2005 re.Zoning. RA 3. Proffer 1.1. The last portion of this proffer should be removed. All entrance alignment should mirror the MDP and modifications will not be PH permitted without a revised MDP. As stated in our letter dated September 2, 2008, we feel that requiring a revised MIDI' for even only a small shut in a road or entrance aligrrnlerit woirld seem to be excessive. Proffer 1.1 is attempting to provide flexibility that will allow for a final design that call c16'colillllodale any site eonsliaints bill still be in haiwzory with the intent of the proposed MDR As you know, it is d ff cull to fix intersections and road alignment in advance of final design. ttilinor changes to accommodate site constraints would seem to be appropriate. 4. Proffer 1.6. Clarify that the ADT number used in proffer 1.6 is the same used in the TIA. 1 t'le have revised theproffer offer to reference 49,351 as depicted by the TIA dated Arrgusl 14, 2008. 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 stricture 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. Ube have revised the Proffer Statement to provide for the connection of Ta.Zewell Diive to Arbor Court cone nieiil with the construction of Ta.Zewell Drive. In the interim, the Arbor Court connector roadway, idenli ied on the MDP as Pendleton Road, has been built ulili.Zing a cul-de-sac in order to provide immediate access to the Armory. Once Ta.Zewell Road and Coverslone Drive are constructed, the Arnio y will be provided will) two access points which we feel is an inlprovellient froni the 2005 re.Zoning application. 0 • 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. The monetary proffers for residential units match the 2005 approved proffer statement which employed no commercial offsets, but only the valise of the Armo y site, to determine R+A the monetag offset. Binding residential permits to commercial development will dehirneatally impact the Applicant's abili y to meet f ttttre market demands, which is the only fr-ntding source for the sizeable it f zrstnicture requirements on the project, thus we cannot make this change, nor do we feel it is rrecessa y. 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. Asyort have requested, we have revised the Proffer Statement and 11/1DP to remove the $25,000 recreation unit value and removed the clause that the recreational amenities )rill be "bonded for completion as soon as pzrcticable. " 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 # 11-05 was approved that this proffer was determined to be a burden. Similar to the circumstance in your request for changes from the 2005 approval in Comment 7 above, there are some items in the approved Proffer Statement that could ur fait y impact the development. The annual increase of $3.00 per calendaryear beyond the S/00 base amount per unit may appear to be a nominal fee, bttt over time would become a burdensome amount on each horneoimer as their HOA dries would rise in petpetrtity to provide that donation. The payment will be made annualyuntil the service ceases operation as a volunteer operation or the County adopts a fee for service plan. Please remember that this is a m1unta y contribution that is the first of its kind in Piedetick County and as the proffer is cttrrenty worried, at full build out the Property will provide ayearly contribution to the fie and rescue service of $183,500.00. 0 • 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 whythe 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. Proffer Section 12 provide for a single Master POA to govern the entire Govenlors Hill Development. There is the possibility for the residential area to he controlled by two sub - associations, one for the townhomes and one for the condominiltms. RA 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 PH Pike/Prince Frederick Drive and Prince Frederick Drive/Costello) indicated in proffer 15.11 Phase B have been completed. The Applicant has completed a four lane divided collector road, which selves a single liser, the Frederick Coun�i Public Safety Building. Approximately 500 ADT will be gener aled by the 200, 000sf ' of office rises which would have limited impact on the existing Iran por•tallon network. This proffer will provide all oppor/lllliy that is 111 the best interest of'the Applicant and the County while creating little impact on Prince Flederick Drive, Costello Drive, or Millwood Pike. 11. Proffer 15.2 — Phase 1. The phase 1 improvements should be completed (not to include just 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. The County typically allows occupancy in advance of final asphalt to allow as much construction to be conzpleled and construction trafc to cease prior to placement of the final aiphall layer. Idle believe this will provide for a better product for TIDOT acceptance . Phase 2 and 3 asslnes that the Coverslone Drive Connection from Roltte 50 to Plince Frederick Drive is »lade in a timely fa.rlrion on a phased schedule. Regarelless of /he crrrlollll/ of' development that occurs on the Property, the Applicant is responsible for completing the full four lane connection ly June 1, 2015. 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. The final completion date has been moved to 20/5 in recognition of current market trends. !Vlore inzporlantly, Until such time that Rollie 522 is relocated and connection with Cover'stone made possible or lrrttil Goveritorj, Hill develops (triggering road construction by proffet), there is little need for Coverstone Drive to satisfy any demands in the existing traffic network. 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. As surg�ested, Proffer 15.7 has been revi ed to requrire that tl�e exi ting driveway connection to Route 50 from parcel 64 A-83B be closed once the Applicant has provided access via the internal residential street network. 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. This is a proffered doculnew as all attachrnerrt to the Proffer Statement in the same manner that the Design Guidelines are a par/ of the Proffer Statement rather than the MDR 15. Proffer 15.13. Proffer 15.13 conflicts with 1.6. 1 Ve have revised proffer 15.13 to state that ary future transportation analyses wound utik.Ze Code 820 `Retail" per the I.T.E. Tiip Generation Manural 7"' Edition for ary retail uses other than general office. This will ensure that all frture traffic studies are consistent with the study pr epared as part of this application. 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. The proposed proffer would app# the escalator clause to the date specific to the original reZoniag approval in 2005. Regarding the current Development Impact Model, please see re.�pollse to Counment 2. 0 • MasterDezelopme&tPlan 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 must access Coverstone Drive through the commercial area. The residential layout needs to be reevaluated to ensure that it is internally connected. The revised layout includes a small land Gay that will access Cove/stone Drive at the first entrance South of Millwood Pike. This modified layout deeieases environmental impacts by eliminating a stream and wetlands crossing for an access road To ensure that these RA�( units are into into the residential land bay, the Applicant has provided a trail � f� connection cis shown on the MDP. 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 existing R4 designated for residential. The AlIDP has been revised to provide a Calego y B -Zoning district br fer belrveen the commercial and residential areas of the project. 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. Please refer to response to Comment 3 above. 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. As stated in our response to Comment 7, rve have removed the monetay value for recieatron units from boll/ the Pr fifer Slatenrerrl and MDP. Other 21. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation and the local Fire and Rescue Company. Please find attached Virginia Department of Transportation comments dated October 27, 2008. lVillr regards to the local Fire and Rescue Compa/y, we have contacted the Millwood Station Fire and Rescue Compaty to obtain comments. I would note that the application package irrclude.r a comment fionz the .Frederic,- County .Fire Marshal and that comments from the local .Fire and Rescue Compa/y are typically not required to process the re.Zoriirrg application. 22. Special Limited Power of Attorney. Provide a power of attorney for the property owners. Ack,novledged 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 PT lTR+/ \\ 150 acres and $50 for each acre over 150. Acbio)vledged. I hope that these response aid in your review of the application. Please feel free to call if you have any questions. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick R. Sowers PRS Enclosure cc: Caipers Valley Development LLC �Y . 9.•. t 9 •fi 6.. _.� s a, vA 44 de 1•.,_ Y u r,:�� � �:t„ �t Z �* I n - � S�u'J�- `�' " Contents: I. Project Introduction II. Design and Development Standards Cohesive Design Residential Standards Commercial / Retail Standards Suggested Building Characteristics Street Standards Public Streets Private Streets Streetscape Design Landscape, Screening and Open Space Standards Modifications Governors Hill - Frederick County, VA Design 8v Development Standards 2 I. Introduction The site is intended as a mixed use residential and commercial/office center. Significant retail uses will be complemented by a variety of other commercial and office uses as well as medium density residential uses, all of which will be developed in a functionally and aesthetically unified manner. Attainment of such an integrated development program will occur through the application of uniform design guidelines and the implementation of a multi -modal transportation network, both of which will be proffered by the Applicant. The proposed rezoning will establish a neighborhood unique to Frederick County, because of its explicit provision for a balanced mix of mutually supportive uses in an area already served by public facilities and a good road system. The presence of significant retail and employment uses within the project will catalyze a synergistic relationship between land uses that will enhance the economic vitality of the area and achieve a more sustainable form of development. The Comprehensive Policy Plan identifies the planned use of the site as a mix of business/office and transitional land uses. The mixed use commercial center concept proposed with this rezoning is consistent with this land use vision, and provides for its realization in an efficient and dynamic manner. Governors Hill GOYE+tb O[Ss HILLn.un.. - Frederick County, VA �_"' Design & Development Standards 3 II. Design and Development Standards Cohesive Design Much of the success of the Governors Hill project depends on the intimate relationship between structure, parking, street and open spaces. The following topics will be coordinated with respect to the cohesive design of Governors Hill. Structure Location on lot Relationship of primary facade to the prevailing street Setbacks- Allow intimate pedestrian scale to be developed between building and street Materials Height transitions Parking On -Street importance Traffic calming effect Proper screening of vehicles if visible from street or pedestrian area Street Network Pedestrian scale Vehicular efficiency Traffic Calming Streetscape uniformity Landscape uniformity Linkages Mixtures of Uses Mixed uses within landbays allows: Greater flexibility within each landbay Greater use possibilities Core of interest and activity to extend hours of use Governors Hill - Frederick County, VA Lot Sizes Multiple sizes encourage creative design Setback reductions to create a more human scale that focuses on the relationship between the home and the streetscape. Allowance for a variation of building setbacks to create a dynamic landscape and streetscape. Design 8, Development Standards 4 Single Family Attached — Alley Served or without Garage Total Number of Units: 422 (Maximum for all SFA housing types) Parking: 2 Spaces Per Unit garage, parallel, or off street Building Height: 35' maximum Building Use: Single Family Attached Units Lot Width: 18' Minimum Lot Size: No Minimum- as long as setbacks are met (allows narrower product mix) Front Setback: No less than 10' Side Setback: No less than 10' on ends Rear Setback: No less than 5' to garage in rear load condition 20' without garage -- -- - Alley 16'MinimumPavement 5'Minimum Rear Building Setback to Easement 10' without Garage Building Depth Varies 10' Minimum Front Building Setback 4' Minmium Sidewalk 6' Minimum Planting with Trees (3' without) Public or Private Street with on Street Parking Single Family Attached - Rear Load Garage Governors Hill - Frederick County, VA Design & Development Standards 5 Single Family Attached — Front Load Garage Total Number of Units: Parking: Building Height: Building Use: Lot Width: Lot Size: Front Setback: Side Setback: Rear Setback: 422 (Maximum for all SFA housing types) 2 Spaces Per Unit garage, parallel on -street, or off street 35' max Single Family Attached Residential Units 20' Minimum No Minimum- as long as setbacks are met (allows narrower product mix) No less than 10' No less than 10' on ends No less than 20' Governors Hill - Frederick County, VA Secondary Svea - 10' Min. Front hard to count parking space infrontofgarage Building Depth Vanes 10' Mia. Side Setback on ends 10' Min. Rear Building Setback Single Family Attached - Front Load Garage Design 8. Development Standards 6 Multi -Family Total Number of Units: 128 Max. # of Units per Bldg.: 24 Parking: 2 Spaces Per Unit Surface Lot or Off Street Building Height: 55' maximum Building Use: Multi -Family Units (lease or condo) Front Setback: No less than 20' Building Separation: Building Separation no less than 20' Rear Setback: No minimum Governors Hill - Frederick County, VA 22'tra-i-3, 0 0 0 0 20' Afini.— Separation between Buildings 20'Aftnim Front Building Setback 4' Min—= Sidewalk 6' Afininttan planting %uh Trees (3' wifhou0 Multi- Family surface parking (lot and on -street) Design & Development Standards ' Suggested Building Characteristics The over -arching goal of building design within Governors Hill is the creation of a unique sense of place and enduring character. As such, development within Governors Hill shall be unified through the use of complementary building facades and materials as well as careful attention to the scale and placement of buildings. To achieve the desired design outcome, all new construction shall be reviewed and approved by an architectural review committee (ARC) managed by the developer. The ARC shall ensure that the following guidelines are met: Residential Standards • Individual neighborhoods within Governors Hill shall be comprised of similar style homes. This provides a sense of identity to the individual neighborhoods. • Similar construction materials shall be used for each individual housing edition, chosen by the builder. • Single Family Attached buildings shall not exceed a height of 35'. • Multi -Family buildings shall not contain more than 24 units per building and shall not exceed a height of 55'. Governors Hill - Frederick County, VA Commercial/Retail Standards • Buildings shall be constructed of similar materials and conform to a specified style. Form and style should be cohesive with the remainder of the development. • Buildings shall not exceed 60' in height Design & Development Standards 8 Street Design Standards A Principal goal of the street standards for Governors Hill is to shift the emphasis from merely accommodating vehicular traffic to encouraging pedestrian and bicycle movement, thus assuring a true multi -modal transportation network. The street framework shall support a wide range of land uses, and create a public infrastructure that encourages pedestrian movement, street life, and a sense of community and place. General Standards ■ Private streets shall be developed to VDOT structural standards, except for alleys and travelways serving parking courts. ■ On -street parking is encouraged in all areas. Such parking further adds to the amount of shared parking available for lot owners thereby reducing the number of spaces required on individual lots. On street parking provides the added value of creating a buffer for pedestrians using adjoining sidewalk or trail facilities. ■ Parallel Parking requires 7' min. designated lane on side(s) of road where parking will take place. ■ Sidewalks shall be a min. of 4' wide. ■ Planting strips between the sidewalk and streets shall be a minimum width of 6' if they are to accommodate plantings. ■ A Hiker/Biker trail that is a minimum 10' in width will provide additional accommodations for bicycle and pedestrian traffic. ■ Alleys require a min. of 20' ROW and minimum pavement width of 16'. ■ The street width will vary to accommodate parallel parking ■ Curbs along parking shall be straight; curbs along medians shall be rolled. ■ Curb Extensions shall be required at the end of blocks where parallel parking is present. Curb extensions will decrease distance between blocks for pedestrians at crosswalks. Such extensions will further separate parking lanes from driving lanes, thus providing an effective traffic calming measure. Governors Hill - Frederick County, VA Demarcation of crosswalks through paint striping, textured pavement or alternative materials shall be provided at major street intersections. Design speed for secondary streets shall be kept at 25 mph. Design speeds of 20 mph shall require a curb radius of 11. _ I 49 1 15' for intersections with secondary and private streets. Curb cuts shall be reduced as much as possible on collectors and primary streets to improve traffic safety. Design 8, Development Standards 9 Streetscape Design Standards The unique sense of place intended for Governors Hill will be derived largely from its streetscape, which will be defined by the intimate relationship between structure and street. The streetscape within Governors Hill will be designed pursuant to the following: Residential Standards • Streets trees shall be placed at approximately 60' on center. • Canopy trees with minimum caliper of 2.5" shall be used as street trees. This will provide protection for pedestrians from motorists. Street trees visually unify a neighborhood. They shall also serve as a traffic calming devices and add character to the neighborhood. • On -street parking is encouraged. This too can add character to the streetscape. • Materials to be used shall be diverse yet complementary to create a sense of place. • Streetscapes shall maintain a pedestrian scale, which shall be formed by reduced front yards and inviting architectural treatments. Streets shall enhance vehicular efficiency while maintaining natural topography (when appropriate) and serving as a network for pedestrians and bicyclists. Governors Hill - Frederick Coun VA Commercial / Retail Standards • Street trees shall be used to create a visual connection between the structure and the street, thus integrating commercial uses with the surrounding neighborhood. • Street trees along public streets shall be placed approximately 50' on center. • Street furniture shall coordinate with the character of the surrounding buildings to enhance the character of the streetscape. Design 8, Development Standards 10 Landscape, Screening, and Open Space Standards The open space and screening standards for Governors Hill are intended to set a landscape standard with a broad range of street plantings, formal greens, parking lot plantings, buffer treatments and natural parks. General Landscape Design Standards Vegetation/Materials • Provide woody plants that are respectful of the surrounding scale of both buildings and streets. • Native plant species should comprise a significant portion of all new landscape improvements. • Portions of existing vegetation, where appropriate, will be preserved and incorporated into the development. • Massing and grouping of plant material and color should be used generously at key points in the landscape to aid visibility (i.e. entry signs, directional signs, plazas, etc.). • Canopy trees shall be used in open spaces and pocket parks to naturalize and shade the area. ■ Ornamental trees should be used as accents to provide visual emphasis. • All evergreen shrubs (in public areas) must be winter -hardy with a min. size of 18" spread. • Evergreen trees shall be strategically used to provide winter interest, screen objectionable views and parking, and serve as a backdrop for other plant materials. Governors Hill - Frederick County, VA Design & Development Standards ll Openspace • A minimum of 15% of all commercial area and 30% of all residential area shall be maintained as openspace. • Pocket parks should be designed as secondary focal points to Open Greens located throughout. Governors Hill - Frederick County, VA Pedestrian and Vehicular Routes • Landscaped streets and trails shall be provided as a linking entity throughout the community. Trails shall connect neighborhoods to the commercial, retail areas and to businesses. These connections will become a critical part of the pedestrian movement in the community. ■ Street trees and canopy trees shall be used to control views and enhance the visual appearance of the street. • Trees and shrubs which produce fruits and/or nuts shall not be permitted along sidewalks. • Use quality materials that will stand up to daily use and abuse and that will age gracefully. • Provide materials that may be easily maintained over time. • All planting beds should be separated from lawn areas with concrete walks, edging or curbing. Design • All landscape designs shall be coherent throughout Governors Hill. This creates a sense of community and durability and can be greatly achieved through simple design. • Plantings shall be grouped, when appropriate, versus scattered and shall incorporate minimal species mix over numerous species. • Topography will be preserved or used, when appropriate, to provide relief to the continuum of development. The combination of topography and vegetation will provide natural areas of interest throughout the project. • Project Lighting shall be designed to prohibit obtrusive light on adjacent properties. • Parking Lot Lighting shall provide adequate illumination for security. The pole fixture shall be coordinated with the design and color chosen for pedestrian fixtures (street furniture and signage). o Residential fixture height shall not exceed 14' o Commercial fixture height shall not exceed 24' Design 8s Development Standards 12 Commercial/Retail Standards For security and surveillance purposes plant material shall not exceed 36" and tree limbs shall be maintained so that the canopy and limbs start at 12' above ground level. Lights in parking lots shall be downcast to minimize glare and the fixtures shall be properly designed to promote cohesive project design. Shrub height should not exceed an un-manicured 36" high in focal point areas. All evergreen shrubs must be winter -hardy with a min. size of 18" spread. Street trees and canopy trees shall be used to control views and enhance the visual appearance of the street. They shall also be used in parking islands to break the monotony of the parking lot and provide shade for parked cars. Landscape Practices A standard planting practice shall be used. All plants shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen. All plants shall be approved by a Landscape Architect as `hardy' for Fredrick County. Also, the vegetation must be approved, before installation, as healthy, well -developed, and disease -free by the Architectural Review Committee (ARC) of the Owners Association. The Owners Association will ensure that lawns and plants are orderly, neat, and attractive. Watering, mowing, fertilizing, and pruning will be necessary to produce this type of appearance. Governors Hill - Frederick County, ETA Design 8, Development Standards 13 Modifications tions Per Section 165-72.0. of the Frederick County Zoning Ordinance, an applicant for R4 zoning may request modifications to provisions of the Code of Frederick County governing physical development. 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 existing ordinances. The following modifications are requested with this rezoning application: 1. Modification to Section 165-71 of the Frederick County Zoning Ordinance governing the mixture of housing types required within a planned community. Current Standard: No more than 40% of residentially designated areas of a planned community may develop with any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. Proposed Standard: The residentially designated areas of a mixed use employment center may develop with any combination of housing types permitted by the Frederick County Zoning Ordinance and the approved proffer statement without limitation to the percentage or ratio of any given housing type. Governors Hill - Frederick County, ETA Justification: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community development that is not expressly accommodated by the Zoning Ordinance. The R4 district, however, is the only Frederick County zoning category that is suitable for the development of a mix of land uses pursuant to a single zoning category, where innovative design concepts and standards may be created and applied. However, the R4 district is oriented toward a predominantly residential development program (as implied by its formal title - Residential Planned Community) and its requirements for a mixture of housing types as stated above befits a project intended to develop with residential uses over a majority of its land area. In contrast, the land use program for a mixed use employment center emphasizes reservation of greater amounts of land for commercial and business uses, which results in less area available to locate the residential density necessary to achieve a balanced mix of land uses within the project. The ordinance requirement promotes a residential mix dominated by single family detached housing types. Such housing types are less conducive to the limited residential areas of a mixed use employment center given the greater land area required for individual lots. The development of single family attached and multi -family dwellings as the predominant housing types in Careers Valley is necessary to complement and catalyze the business and commercial uses on the site. Moreover, the availability of such housing in a planned community setting within walking distance of employment, shopping, and commercial uses will provide a positive although presently non- existent choice for current and firture County residents. Design 8v Development Standards 14 2. Modification of Section 165-72.D. of the Frederick County Zoning Ordinance governing the maximum areas permitted for commercial or industrial uses. Current Standard: No more than 50% of the gross area of the planned community shall be used for commercial and industrial purposes. Proposed Standard: No more than 60% of the gross area of the planned community shall be used for business and commercial purposes. Justification: The proposed rezoning is sought to enable development of a mixed use commercial center, which is a type of planned community not currently accommodated by the Frederick County Zoning Ordinance. The R4 district is the only zoning category that is available to develop a mix of land uses pursuant to a single zoning category wherein innovative design standards may be applied. However, the R4 district is intended to facilitate development of a principally residential project complemented by relatively small areas of commercial and/or industrial uses. In contrast, the land uses intended to predominate within the proposed development are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. The mixed use commercial center concept advanced through this rezoning application requires the amount of land designated for commercial and business uses to exceed the 50% limit of the R4 district. The essential components of the proposed mixed use development program are the commercial and employment uses planned for the site, which may require significant acreage depending upon the ultimate users. However, to ensure a mix of mutually supportive land uses, a minimum amount of land needs to be reserved Governors Hill - Frederick County, ETA for residential uses. The modified standard proposed with this application will facilitate development of a mix of land uses in a planned community setting consistent with the intent of the R4 district, but with the notable distinction of elevating business and commercial land uses to the forefront of the planned development program. Design 8v Development Standards 15 G ®VE ORS HILL Contents: I. Project Introduction II. Design and Development Standards Cohesive Design Residential Standards Commercial / Retail Standards Suggested Building Characteristics Street Standards Public Streets Private Streets Streetscape Design Landscape. Screening and Open Spac : Standards Modifications D--sign 87, _IDevelopment Standards a I. Introduction The site is intended as a mixed use ,zidential c. mmercial; center. Significant retail uses will be •-rtplement, a variety , ',cr commercial and office uses as well as. ":im densit 'dential us. of which will be developed in a function:. -1d aesthe�. unified manner. Attainment of such an integrated c nment pro, 11 will occur through the application of ur' �orm desiL felines an,. implementation of a multi -modal in -ovation it. k, both o h will be proffered by the Applicant. The proposed rezoning will establish a nei.: --hood unit'. Frederic!, County, because of its explicit pro• •ision for a need mix !tually supportive uses in an area already sL • ed by puu "cilities and prod road system. The presence of signifiL retail and loyment u�, within the project will catalyze a synci relations}, ctween lan uses that will enhance the economic vita!:. _'he area ar. Iiieve a n„, sustainable form of development. The Comprehensive Policy Plan idc: s the pla:_: ' ase of the � ;'s a mix of business/office and transition:: uses. The ^d use commercial center concept proposed -v\ i, ; rezoning insistent �,\ this land use vision, and provides for its rc.i 7on in an el i nt and dynamic manner. Governors Hill - F,.-ederick County, VA F Design 8v Development Standards 3 II. Design and Development >i:indardm Cohesive Design Much of the success of the Governors Hill projc_ -ends on til ltimate relationship between structure, parking, str;ct and ope: ices. The io;l .wing topics will be coordinated with respect to the -hesive dc. ; of Govern(, Hill. Structure Location on lot Relationship of primary facade to the rrevailin� :: +. Setbacks- Allow intimate pedestrian.- 'e to be de-, . -ed between building and street Materials Height transitions Parking On -Street importance Traffic calming effect Proper screening of vehicles if visible fro; �t or pede.r ^ area Street Network Pedestrian scale Vehicular efficiency Traffic Calming Streetscape uniformity Landscape uniformity Linkages Mixtures of Uses Mixed uses within landbays allows: Greater flexibility within each lands Greater use possibilities Core of interest and activity . xtend ho 'use Gover _ors Hill. - Freder .ck Co ui�_ty, VA Lot Sizes ',Multiple sizes encourage creative design Setback reductions to create a more human scr.le that focuses on the relationship between the home and the streetscane. Allowan :e for a variation of building sctnacks to create a dynamic landscape and streetscape. Design & Development Standards 4 Single Family Attached —Alley �-, i ved or ii it h out Ga r: i _e Total Number of Units: 422 (Maxin-,: m for all : ousing tyl Parking: 2 Spaces Per I '7t garage, parallc . miff street Building Height: 35' maximum Building Use: Single Family Atta,; 'nits Lot Width: 18' Minimum Lot Size: No Minimtur -s long as .. ' icl<s are nx~ (allows narro%, •1roduct mi. Front Setback: No less than 1 G Side Setback: No less than 10' o. _ Rear Setback: No less than 5' to gar.:, :^ rear load _ 'dition 20' without -rage __Ally -- WMinimum If- 1 num Rear fluild.+. - t20'withnut Buildir;: '-vies i Z • � +0'Minimum p)�;,: q Setbark _ ".�rtmium Sidncc 'emm P(artting � - (3' wifhouq Public or Priwte Street with on 5"ef Parki+:;: Single Family Attached - Rear Laad Garage Governors Hill - Frederick County, VA 5 Design & Development Standards Single Family Attached — Front Load ( - - i rage Total Number of Units: 422 (Maximum;, qFA hoLif -,-pes) Parking: 2 Spaces Per Unit garage, parallel on-strr, off street Building Height: 3 5' max Building Use: Single FamilN -hed Res. ^1 Units Lot Width: 20'Minimum Lot Size: No Minimum- as I setbacks -2t (allows narrower prop- 'ix) Front Setback: No less than 1 T Side Setback: No less than I )n ends Rear Setback: No less than 20 Governors JI-EI-I - Fre(uerick County, VA -711 Sewrtd.,ySyver ty-d to w-unt pwk spece 't q'gam;e :"Ij I O.i1dMg Depth V-*,, LI Sid, Sah-k—, 26 Ro-ftildvSeth-; Singie Famil.yktachcd- F- I., -o":—g, S 6 Dr ---sign & Development Standard Multi -Family Total Number of Units: 129 Max. # of Units per Bldg.: 24 Parking: 2 Spaces Per Un Surface Lot or Of'! . Building Height: 55' maximum Building Use: Multi-Famil% T?nits (leap condo) Front Setback: No less than Building Separation: Building Separ. no less tii, Rear Setback: No minimum Governors Hill - Frederick County, VA �� 77'nxveh.a�• 2" bn... IU','. +::: ^: FvW Bm7dmg Serbru�t 4. Q'ATinin— ..'rr, I "IhT .W( irha') 1- --randmr-mee9 s 7 Design Rv Development Standard Suggested Building Characteristics The over -arching goal of building design wi I Tovernor:, "='1 is the c ,n of a unique sense of place and enduring charac \ s such, d • ��ment wi Governors Hill shall be unified through the u� rnplement ',uilding facades and materials as well as careful a -ntion to ale and pl: -lit of buildings. To achieve the desired design c ,�,me, all ;: -)nstructi(ji, ' 11 be reviewed and approved by an architectural r. -- commit \RC) man. '1y the developer. The ARC shall ensure that the ping guie_ ; are met: Residential Standards • Individual neighborhoods within C- �vernors . shall be co ised of similar style homes. This provides a : 'se of idea ) the indi%i; cl neighborhoods. • Similar construction materials shall be ! --�r each irni al housir; edition, chosen by the builder. • Single Family Attached buildings .-hall not ex. ' a height c, • Multi -Family buildings shall not co - 'in more tilt traits per l- ',ling and shall not exceed a height of 55'. Governors Hill - Frederick Ceunty, VA ('ommercial P^tail Standards • Buildin shall be con�l:r acted of similar materials an,11 conform to a specified st, ie. Form and style should be cohesive with the remainder of the development. • i;., ;dings shall r(,: exceed 60' in height Dsign &, Development Standards 8 Street Design Standards A Principal goal of the street standards for I •-emors ;s to shi,: emphasis from merely accommodating vehic -affic to : raging pc in and bicycle movement, thus assuring a true m, )dal trap:;; 'ion nets•. The street framework shall support a wide range , . i uses, an.' to a puil,, infrastructure that encourages pedestrian movement. life, and se of community and place. General Standards ■ Private streets shall be developed to vl; ctural -Is, excci alleys and travelways serving parking tour.. ■ On -street parking is encouraged in .11 areas. rking I t. ~dds to the amount of shared parking availal- For lot o\, ',creby 12• „R the number of spaces required on individ- . ts. On s; i •eking h: the added value of creating a buffer for -trians us:. inin sidewalk or trail facilities. ■ Parallel Parking requires 7' min. d.,signated _ n side(s) , rl where parking will take place. ■ Sidewalks shall be a min. of 4' wide. ■ Planting strips between the sidewalk an_ .ets shall inimu of 6' if they are to accommodate plantin,. ■ A Hiker/Biker trail that is a minimum 10' in 'i will pro dditional accommodations for bicycle and pedestrian tni - . ■ Alleys require a min. of 20' ROW ar ' Minimum i -icnt wid,r ■ The street width will vary to accomm_ . parallel 1 . ■ Curbs along parking shall be straight; curbs along medians shall be rolled. ■ Curb Extensions shall be required at the en. '-locks wl,, rallel parking is present. Curb extensions will decre, stance b,. blocks for pedestrians at crosswalks. Such e msions vN -ther sepsi parking lanes from driving lanes, thu_ viding an -+ive trafti: calming measure. Grp-.Jernors Hill - Frederick County, VA — I IN I i — 1Jemarcation of _rosswalks throliQh paint strip ina_. - textured pavement or V alternativ-, materials shall be provided at major street intersections. ■ Dusian speed fo: secondary — -- strect� shall be kept st 25 mph. Design s,, c•_ds of 20 mph shall require a curb radius of ° . �— Curie cats shall be reduced as much as for intersections with sec(�ndary and pri\ atc streets. possible on collectors and primary streets to improve traffic safety. Design �'K, Devcic pmeri L =_n c . Streetscape Design Standards The unique sense of place intended for Govc Till will c:_ ived lar from its Streetscape, which will be defined by ti, ,iate relau. ' 'n betwc,: structure and street. The Streetscape witl-�n Govern. Till will be . '•-ned pursuant to the following: Residential Standards • Streets trees shall be placed at approxi Rely 60' rtcr. • Canopy trees with minimum caliper of .. shall be street a 11is will provide protection for pedestrians fr. �torists.: Tees vis,. unify a neighborhood. They shall also sere. Traffic ct:I: devices add character to the neighborhood. • On -street parking is encouraged. This ,n can ac... •acter to L. --etscape. • Materials to be used shall be diverse } : implemc create : of place. • Streetscapes shall maintain a pedestrian s hich sh- rmed b: reduced front yards and inviting architectur:: • ents. S,i . Ball enh:i vehicular efficiency while maintainin_ natural (wl-<<_ -nropriate) and serving as a network for pedestria- and bic% Governors 1 111 - Frederick County, VA Commercial ' Pctail Standards • street trees sr>>1 be used tc• create a visual connection bet « ecn the stricture c� the street. th,t integrating commercial usc� xith the surro-,_coding nci! !,rorhood. • Street t ccs along put�l is streets shall be placed appro�:imately 5W on center. • Street llu i,,.ire shall coordinate with the character of the surrounding buildings to enhance the character of the strcetscape. Design Development Standards 10 Landscape, Screening, and Open :�,p:ice Stan<IJ IAS The open space and screening standards ' Tovernor are intcr�, set a landscape standard with a broad range of s. rlantines. ial greens. ing lot plantings, buffer treatments and natural p.: General Landscape Design Standards VegetationlMaterials • Provide woody plants that are respectfu surroun. -cale of b buildings and streets. • Native plant species should comprise a signiportion of ^w landscape improvements. • Portions of existing vegetation, where -ropriate_ lie prescr% d incorporated into the development. • Massing and grouping of plant material nr should I ,cd genera, at key points in the landscape to aid visibili,_ entry sign . 7 -ectionai signs, plazas, etc.). • Canopy trees shall be used in open si �s and pc : Arks to n.,. - I and shade the area. • Ornamental trees should be used as acc,-rovide emphasis. • All evergreen shrubs (in public areas) mus, inter -hard i :ta min. s of 18" spread. • Evergreen trees shall be strategically .:scd to pru- —inter into: screen objectionable views and parking, and s_ as a ba_ for other materials. I Yovernol-_� Hill- h:cederic . Coun _. VA Design 8s Development Standards 11 Openspace • A minimum of 15% of all commercial a: shall be maintained as openspace. • Pocket parks should be designed as secondai located throughout. -id 30% o.' •-sidentia� : . ,' points t, , n Greens Gove- _^.ors Hiii - Frederick County, VA Pedestrian cu:;r r'ehicular flwites • Landscaped streets and trai is shall be pnwidcd as a linking entity throughout communit\ . i rails shall connect neighborhoods to the commercial, retail arca� and to businesses. These connections will become a critical part of the pedc.-,•-i�-n movemcai ;n the community. • Street n, . , and canopy ;recs shall be i_iscd to control -,-ic\vs and enhance the visual apper�.rnnce of the >, .... • I reel and si,rt h which pre ..:: fruits and or ruts shall not be permitted along �: i �� c•,�•alks. • Us,. a ,.�Iity materk: • That will stan,J up to daily a>: and abuse anti that will age • Provide n .�rials that may lie easily Duiiiitnined over time. • M] plantin_ _ds should ho separated from to vn areas with concrete walks. c,'._ing or ctirhin,. Design All landscaP, designs shall ue coherent throughout Governors Hill. This creates a sera,- cif community nrid durability and can be greatly achieved throlli !h simple dcsi cn. • Plant.in_s shall be "cd, when appropriate, versus scattered and shall incotpor:.uc minimai cs mix over numerous species. • Topograp,r: •will be pr, d or used, �N hen appropriate. to provide relief to the continut n- of developmc,,a. The combination of topography and vecctation witi provide natural areas of interest throughout the project. • Proi,,:c Lighting shah be designed to prohibit obtnisive light on adjacent proper;; es. • ha'f provide adcr;uate illumination for securiu. The Parking 1. of Lighting s hole fixtum be coordi=:rated with the design and color chosen for (Icstrian fixenres (street ti,r;.iue-e and sigragcl. Residenti:-1 xture height _' rlI not exceed 14' ^ommercial isture height not exceed 12 Design & D`velopment Standards ty, VA Coun CmmmerciaMetail Standards For security and surveillance purpo,' : ; plant m< shall not •_ l 36" and tree limbs shall be maintained so 'le canopy . limbs start `-I above ground level. Lights in parking lots shall be downcast to - --1ize glare he fixtu_c shall be properly designed to promote cohesi-. , ect design. Shrub height should not exceed an un-manicur c: high in f,: :point areas. All evergreen shrubs must be v.: r-hardy min. size ,, spread. Street trees and canopy trees shall be us_ control end enha visual appearance of the street. They shall <,_. .ised in p<: ', islands t break the monotony of the parking lc' and pro-,,, -'-ade for pa. cars. Landscape ]Practices A standard planting practice shall be used. All pia:..'all confo,-:. the American Standard for Nursery Stock as - ::blished 1. . American ciation of Nurserymen. All plants shall be appro a Lane_ _--lrchitec: c;. rdy' for Fredrick County. Also, the vegetation rn - approvc,:.` core install as healthy, well -developed, and disease -free by ri _ --hitectural - iew Com!l (ARC) of the Owners Association. The Owners Association will ensure that ':.: •ns and pi :: .re order] , . and attractive. Watering, mowing, fertilizing; a' :-nining uii* :iccessar; .. produce this type of appearance. IVII odific2tions Per Section 165-72.0. of the i ,derick CGn^ Zoning dance, an applicant for R4 zoning may req modificat: to provisii - of the Code of Frederick County clover: physical � clopmcm. -ich modifications may be sought to enable : lementat o: 'a design a , land use concept beneficial to the cormn :. i'. 'hat would I otherwise c: permitted by existing ordinan•_ --,. The ';-wing me.. cations are requested with this rezoning appl i _ . '' on: Modification to Section 165-71 u:� Frederic;. :-nunty Zc';� Ordinance governing the mixture of ii .:< g types rc. :red within planned community. Current Standard: No n-. than '' of resi ,_ 9.11y designatc -cas of a ,. , .:ied comn,'-, may deveic;- %-ith any o. :-ne follovvi:l ho -;na types: s :-Ilexes, multi; Ices, atrium hog:_ _. weak -lie.'.: .c-,vnhouses, to houses or gar ` apartments any combin,ition of those hc'.: = types. Proposed Standard: Tr, resident:x�'_ designator areas of a mi use empi, , rent center „ .- develop win combing; .1 of hour i types petmiu: , ',v the Frc_ :: -lc County 7""ing Ordinanc_ -,id the L —roved p_o :er st ement out lit, i � �n to t: c pc cntage or of any n housing tyF— : - %- �f?2e�e� c� �drCourt Justificai'on: The proposed rezoning is sought to enable development of a mixed use employment center, which is a type of planned community Jic elopment that is not expressly accommodated by the zoning Ordinance. The R4 district, however, is the only Frederick County zoning category that is si-dtable for the development of a mix of land uses pursuant to a single zoning categorv, where innovative design concepts and standards may be created and applied. However, the R4 district is oriented toward a predominantly residential icvelopment proar,un (as implied by its formal title - Residential Planned Cormmmity) and its requirements for a mixture of housing types, as stated above befits a project intended to develop vvith residential uses over a majority of its land area. In contrast, tl:c land use program for a mixed use employment center emphasizes reservation of greater amounts of lend for conmlercial and busi:icss uses, -,ciiich results in less area available to locate the residential density necessary to achieve a balanced mix of land uses within tlic project. The ordinance requirement promotes a residential mix dominated by single family detached housing types. Such housing types are less conducive to the limited residential areas of a m:JN(,d use emplo Trent center Given the greater land area required for indi� idual lots. The development of single :family attached and multi -family dwellings as the prcdo,ninant housing types in Carpers Valley is necessary to complement and catalyze the business and commercial uses on the site. Moreover, the availability of such bousing in a planned community setting -:.7thin walking distance of employment, shoppincl, and commercial uses ill provide a positive although presently non- existent cho;ce for current and firture Count_- residents. Design velopmerl t Stang, 2, r ds 14 2. Modification of Section 165-72.'' the Frcei,, County '-12 Ordinance governing the maximum permittcc' commerci', industrial uses. Current Standard: No m than 56',, ''lie gross a; of the plannc: "mmunity ^'1 be u: for commerc : 'd industrai , :,I)oses. Proposed Standard: No more than 'Y of the gn - . -ca of the plan,, ' commit., _ shall be ^d for buslnc7 -nd conimel _ I i' purposes. Justification: The proposed rezonin-- —tight to on developniic!-r of a mixed use commercia1 center; ' -h is a t� ... -f plamled community not currently ao—nmodatec. the Pred.. County Zoning Ordinance. The R4 dis: is the onl-, ring catcaot'iat is available to develop a mix of i<: _es pursue: a single 'ng category wherein innovative des..: standards be aplr:- . However, the R4 district is intended 7 acilitate cL- . npment of principally residential project •-ompleme:i--_ ',y relative': -mall areas of commercial and/or industri ' uses. ij: -ntrast, the 1 uses intended to predominate within th _ -•-oposed de . ,:-pment arc '� - toss and commercial uses, with resider'.. designatcJ ^as compr, a lesser amount of the total land area. The mixed use commercial :;,Ater con&-, .-dvanced .,,: ....gh this rezoning application requires amount o 'and design, for commercial and business uses t -seed the limit of t':. 114 district. The essential componc. -f the prc,l ,d mixed .: . development program are the comma : "11 and cm: ymcnt uses planned for the site, which mr require si_ -'cant acres:_.: 'spending upon the ultimate users. He -aer, to cn_ .. a mix of utually supportive land uses, a minimum .. -^unt of land r^eds to be r,•>, r--ed for residential uses. The modified standard proposed with this application will facilitate development of a mix of land uses in a planned co nmunity setting consistent with the intent of the R4 district, but v,ah the notable distinction of elevating business and commercial land uses to the Forefront of the planned development program. Design & Develepme� t Standards 15 01. 22. coos COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING and PUBLIC MEETING January 14, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-08 FOR GOVERNORS HILL and MASTER DEVELOPMENT PLAN #08-08 FOR GOVERNORS HILL On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing for Rezoning and a public meeting for Master Development Plan being held on Wednesday, January 28, 2009, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing - Rezoning 00-08 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 Districtto the R4 District, to revise the proffers, associated with Rezoning #11-05. Public Meeting - Master Development Plan #08-08 for Governors Hill, subiritted by Patton Harris Rust & Associates, for Mixed Use Commercial/Residential. The Property Identification Numbers for the above referenced 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 or7.e 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. Any interested parties having questions or wishing to speak may a.stmd this public hearing. A copy of t1he applications will be available for review at the Handley Library and the Bowman Library ti-te week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.freder•ick.va.i.ts. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on t --) I () from the Department of Planning and Development, Frederick Cour ty,Virginia: 64 - A- - 83- GOVERNOR'S HILL LLC 8401 GREENSBORO DR STE 300 MCLEAN VA 22102-5126 64 - A- - 84- CARPERS VALLEY DEVELOPMENT LLC 8401 GREENSBORO DR STE 300 MCLEAN VA 22102 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 64 - A- - 79- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER VA 22602.4517 64 - A- - 80-J CAMPFIELD LLC 112 E PICCADILLY ST WINCHESTER VA 22601.5005 64 - A- - 80.12 BLUE RIDGE INDUSTRIES PO BOX 1847 WINCHESTER VA 22604.8347 STATE OF VIRGINIA COUNTY OF FREDERICK 64 - A- - 80-K MAIN OF WINCHESTER LLC 1936 MILLWOOD PIKE WINCHESTER VA 22602.4558 64 - A- - 80-L RGRLLC 119 ARBOR CT WINCHESTER VA 22602.4677 64 - A- - 81-A WINCHESTER INDUSTRIAL PARK LLC 1936 MILLWOOD PIKE WINCHESTER VA 22602.4558 64 - A- - 134- LONG RAYMOND & TANYA C 718 CHELSEA DR WINCHESTER VA 22601.6379 64 - A- - 132- KENNAN KELLY RENEE 906 HUNTING RIDGE RD WINCHESTER VA 22603.6535 Candice E. Perkins, Senior -Planner Frederick County Planning Dept. 5 � I=y ,, , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner f r the Department of Planning and Development, whose name is signed to the foregoing, dated I 1,4, ( , has personally appeared before me and acknowledged the same in my St to nd County aforesaid. t� Given under my hand this ' day of 4C,M, O�— Zvi 1 My commission expires on NOTARY PUBLIC COUNTY of I+ REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING and PUBLIC MEETING December 23, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-08 FOR GOVERNORS HILL and MASTER DEVELOPMENT PLAN #08-08 FOR. GOVERNORS HILL On behalf of the Frederick County Planning Commission, you are hereby notified cf a public hearing for Rezoning and a public meeting for Master Development Plan being held on Wednesday, Januaily 7, 2009, at 7:00 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street. Winchester, Virginia to consider the following application: Public Hearing - Rezoning 910-08 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) Disu-4;t, with proffers, and 238.3 acres from the R4 Distriet to the R4 District, to revise the proffers, associated w"th Rezoning #11-05. Public Meeting - Master Development Plan #08-08 for Governors Hill, submitted by P attort 1-larris R.us.. & Associates, for Mixed Use Commercial/Residential. The Property Identification Numbers for the above referenced 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 81on 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. Any interested parties having questions or wishing to speak may attnd this public hearing.. A copy of the applications will be available for review at the Handley Library a»d the Bowman Library the weci::,f meeting,.or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wvvw,co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia. 64 - A- - 83- GOVERNOR'S HILL LLC 8401 GREENSBORO DR STE 300 MCLEAN VA 22102.5126 64 - A- - 84- CARPERS VALLEY DEVELOPMENT LLC 8401 GREENSBORO DR STE 300 MCLEAN VA 22102 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 64 - A- - 79. WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER VA 22602.4517 64 - A- - 80-J CAMPFIELD LLC 112 E PICCADILLY ST WINCHESTER VA 22601.5005 64 - A- - 80.0 BLUE RIDGE INDUSTRIES PO BOX 1847 WINCHESTER VA 22604.8347 64 - A- - 80-K MAIN OF WINCHESTER LLC 1936 MILLWOOD PIKE WINCHESTER VA 22602.4558 64 - A- - 80-L RGRLLC 119 ARBOR CT WINCHESTER VA 22602.4677 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK LLC 1936 MILLWOOD PIKE WINCHESTER VA 22602.4558 64 - A- - 134- LONG RAYMOND & TANYA C 718 CHELSEA DR WINCHESTER VA 22601.6379 64 - A- - 132- KENNAN KELLY RENEE 906 HUNTING RIDGE RD WINCHESTER VA 22603.6535 Candice E. Perkins, Senior Planner Frederick County Planning Dept. OIL tA it L� COUNTY OF FREDERICK I,xm a Notary Public in and for the State and County aforesaid, do ereby certify that Cailgce Perkins, Senior Planner for the -De ar ment of Planning and Development, whose name is signed to the foregoing, dated %� b ,has personally appeared before me and acknowledged tl same in my State and County aforesaid. Given under my hand this day of > ops My commission expires on BEVERLY H. DEL IINGER O�ID PURL C8 yCOMMOIC)NNWEALTH OF VIRGINIA MMI�SS EXo+E„N�, UL, 2011 NOTARY 1! 4:��4a Lzj� HILL- Q W5 6 -/}- g.�' �S 8'F lSS WAI Adjoining Property Owners Rezoning 46 TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of Is by ' THANKSI 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 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 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number PIN Name: Winchester gional 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-801- ✓ 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 Engineeri Co., Inc. 1945 Millwood Pike Property #: 64-A-124 Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Property #: 64-A-123A Winchester, VA 22602 Name: Perry Engineering Co., Inc. 1945 Millwood Pike Pro ert #: 64-A-123 Winchester, VA 22602 0 LA A -A oil CeUC� \a�,L' Name: Potomac Edison Company 10435 Downsville Pike Property#: 64-A-124A Ha erstown, MD 21740 Name: Trustees of the James Peyton Darlington Trust 1543 Millwood Pike Property#: 64-A-122 Winchester, VA 22602 Name: Lloyd Fisher c/o Mary E. Washington 813 N 18th St Property#: 64-A-116 Harrisburg, PA 17103 Name: Raven Wing Homeowners Association P.O. Box 888 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 Name: Robert A. Frazier 1427 Millwood Pike Property#: 64A-7-1-13 Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property#: 64A-7-1-12A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property#: 64A-7-1-11A Winchester, VA 22602 Name: George G. & Kelsa R. Lambert 1411 Millwood Pike Property #: 64A-7-1-10A Winchester, VA 22602 Name: Raven Wing Homeowners Association P.O. Box 888 Property #: 64G-2-1-63A Winchester, VA 22604 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property #: 64A-7-1-8 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-7 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln Property#: 64A-7-1-6 Clearbrook, VA 22624 Name: Judy Belle Cook c/o Judy B. Rodgers 178 Grand View Ln. Property#: 64A-7-1-5 Clearbrook, VA 22624 Name: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-4 Winchester, VA 22602 Name: Douglas A. Hartley 100 Stanley Dr Property#: 64A-7-1-3 Winchester, VA 22602 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-2 Winchester, VA 22603 Name: John H. Kaknis & Christopher Brooks c/o John G. Kaknis 730 N Hayfield Rd Property #: 64A-7-1-1 Winchester, VA 22603 Name: Helen J. Sempeles Trustee 107 Roszel Rd Property #: 64A-A-12 Winchester, VA 22601 Name: Winchester Outdoor 355 S Potomac St Property #: 64A-A-13 Hagerstown, MD 21740 0 0 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 Ste hens 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 r w 0- REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: k 'k g REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi �q) DIGITAL: PAPER: FAX: - SIZES: COLOR: FAX: � Z A) Dg_ Coo V el l r)p S HILL p1NS 6q,A-S3 6q-A-VA) 6q--4-9` E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candic Mark Dana Eric Mike John Amber COMMENTS: C� Received by Clerical Staff (Date & Time):' U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 nl-r 3 1 2008 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN MD $ 00.420 US POSTAGE 21740-1732 NIXIE: :211.) D C, :L DO 12/29/00 Rr- TURN •ro sE:NDL.R NOT DELIVERABLE' AS. AIDDRCSSED UNABLE: TO FORWARD OC . 22801500099 *3017--00407--20- 42 fll�lfll�l�l�"II�Illllli"II �111I I111IIIil III IIIIIill tlll ��I II f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING and PUBLIC MEETING December 23, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-08 FOR GOVERNORS HILL and MASTER DEVELOPMENT PLAN 408-08 FOR. GOVERNORS HILL On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing for Rezoning and a public meeting for Master DevelopmentPlan being held on Wednesday, January 7, 2009, at 7:00 p.m., in the Board Room of the Frederick County Administration Bui Iding at 107'North bent Street. Winchester, Virginia to consider the following application: Public Hearing - Rezoning 910-08 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 Comntunit:y`) Oistri;,t, with proffers, and 238.3 acres from the R4 Distrietto the R4 District, to revise the proffers, associated with Rezoning 411-05. Public Meeting - Master Development Plan #08-08 for Governtrs Dill, submi.tt.ed by Patton Harris Rust & Associates, for Mixed Use Coinmercial/Residential. The Property Identification Numbers for the above referenced 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, Any interested parties having questions or wishing to speak may attnd this public hearing.. A copy of the applications will be available for review at the Handley Library ai7d the Bowman Library the week -of t!;c meeting,.or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: wyvw.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN MD JAN 2 1 2CGq to-GPIF.streec5casooc� $ 00.42 0 n to 01/14 2009 • Mailed From 22601 US POSTAGE 21740-1732 NIXIE 212 DE 1 00 01117yos RETURN TO :SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD MCI 22601'S 0099 00292-11102-1+4-ZO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII?III IIIII) IIIIIII COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING and PUBLIC MEETING January 14, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-08 FOR GOVERNORS HILL and MASTER DEVELOPMENT PLAN #08-08 FOR GOVERNORS HILL On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing for Rezoning and a public meetingfor Master DevelopmentPlan being held on Wednesday, January 28, 2009, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing - 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. Public Meeting - Master Development Plan #08-08 for Governors Hill, submitted by Patton Harris Rust & Associates, for Mixed Use Commercial/Residential. The Property Identification Numbers for the above referenced 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. .Any interested parties having questions or wishing to speak may acted this public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester. Virginia., or by calling (540) 665-5651. You can also visit us on t:ne web at: www.cu.frederick.va.us. Sincerely Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000