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HomeMy WebLinkAbout011-05 Carpers Valley - 276.92 Acres - Shawnee - Backfileib 4 REZONING TRACKING SHEET Check List: F bsit APP( `: ' 61' Form Deed .-r. i� Pro l tatement jd C Plat/Survey Y iR ImpactnalysAsTaxes Paid Statement' , Adjoiner List ' `� '�Irn act Model Run - K,r"�.9 x '-F DATE 6s Al� /.�? �7 a Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing go Lax- ona4V2 -> > � ��ocation map ordered from Mapping File given to office manager to update Application Action Summary r 7A n PC public hearing date ACTION:%t�= %Q b S BOS public hearing date ACTION: 4 Signectcopy-of resolution- for- amendment -of with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) % Action letter mailed to applicant Q Reference manual and D-base updated j'OT%8 �0 S Q,LA File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended 58 U \Carol \C om mon\vack i ng. rei Revised 05/09/02 i tv 4(OaTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 18, 2005 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: REZONING #11-05, CARPERS VALLEY Dear Chuck: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 12, 2005. The above -referenced application was approved to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses, with Proffers, said Proffers reflecting the revisions which were dated and accepted by the Board of Supervisors on October 12, 2005. 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, in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A. The proffer 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; the proffer is dated October 12, 2005. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. The Department looks forward to working with you and the applicants during the development of this project. Sinjerely, Eris R. Lawrence Planning Director cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Richard & Donna Dick, 1600 Millwood Pike, Winchester, VA 22602 Constance Tjoumas & Gregory Coverstone, 334 Highbanks Rd., Stephenson, VA 22656 John G. Russell, III, 407 S. Washington St., Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 is 0 REZONING APPLICATION #11-05 CARPERS VALLEY Staff Report for the Board of Supervisors Prepared: October 4, 2005 Staff Contact: Eric R. Lawrence, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 07/20/05 Action Recommended Approval with Proffers and Conditions Board of Supervisors: 08/10/05 Postponed at Applicant's Request 09/14/05 Postponed at Applicant's Request 10/12/05 Pending J"ROVED PROPOSAL: To rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses. 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 Springs Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A PROPERTY ZONING & USE: Zoned: (Rural Areas) District Use: Golf Course/Club/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP(Residential Performance) Use: Single Family Residential South: Zoned RA (Rural Areas) Use: Regional Airport East: Zoned M 1 (Light Industrial) and Use: Industrial and Residential MH 1 (Mobile Home Community) West: Zoned RA (Rural Areas) and Use: Regional Airport and Office B2 (Business General) PROPOSED USES: 785 Residential tmits 550 Residential units (revised proffer 10104105) and a 143 acre Employment Center Rezoning #11-05, Carpers Valley October 4, 2005 Page 2 of 17 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: The sentence, "Coverstone shall be completed in accordance with the foregoing road phasing schedule", was suddenly added, which would seem to indicate that regardless if the GSA moves in, Coverstone will only be developed as two lanes after 451 dwellings, etc. The whole point of this section was to assure that Coverstone would be fully constructed to serve GSA traffic; please remove this sentence to restore the intent of the section. I understand that there is a new TIA that reflects the lack of a connection to Arbor Ct. Please provide a copy at your earliest convenience. Similarly, although we were told that the right-of-way connection to Prince Frederick was "in the bag", we still have no indication that this has been acquired. We either need some assurance that you've got the right-of-way, or prove (via TIA) that it's not necessary (and lose the eminent domain section, since there's no longer a point in it being there). (E-mail from Scott Alexander of VDOT to Chuck Maddox, dated July 1, 2005.) Fire Marshal: Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Fire hydrants shall be set at three feet fiom the curb. Access requirements shall meet the minimum requirements of NFPA 1141. Plan approval recommended. Public Works Department: See letter from Ed Strawsnyder dated June 27, 2005 Frederick County Dept. of Inspections: No comment required at this time. Will comment at the time of site plan and subdivision review. Frederick -Winchester Service Authority: Considering the size and multi -use of the property, it is extremely hard to evaluate the impact with the limited amount of information provided. The applicant makes claims of capacity without any projections being provided. I would estimate that a project of this size could generate between 300,000 and 420,000 gallons per day. I believe that this flow will by-pass the Abrams Creek Interceptor and be delivered to the Opequon Water Reclamation Facility through a proposed regional pumping station. Based on already committed flows to the Opequon facility and pending final regulations regarding nutrient discharge limits or caps, capacity at OWRF may be limited. At present without major upgrading of the treatment process and assigmnent of sufficient nutrient loads to provide for an expanded facility capacity, availability is questionable. Sanitation Authority: lst review - No comment. Department of Parks & Recreation: The Master Development Plan references a trail system, community pool and clubhouse. However, the development should meet all open space and recreational unit ordinances as required by the county. The monetary proffer would appear to be acceptable to offset the impact of the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 500 town houses and 500 multi -family units will yield 65 high school students, 80 middle school students and 230 elementary school students for a total of 385 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having Rezoning #11-05, Carpers Valley October 4, 2005 Page 3 of 17 student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Winchester Regional Airport: See letter from Serena R. Manuel, Executive Director, dated July 18, 2005; letter to Renny Manuel from Randall P. Burdette, Director, Virginia Department of Aviation, dated July 11, 2005; two letters to Renny Manuel from Joseph B. Delia, Airport Engineer of Washington Airports District Office, dated July 1, 2005 and July 10, 2002. Frederick County Attorney: See letter from Robert T. Mitchell, Jr., Esquire, dated July]], 2005 Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, 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 any core battlefields that this proposed rezoning would directly impact. 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 fiom 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 properly and all other A-1 and A-2 zoned land to the RA District. 2) Location The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from the Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. 3) Intended Use The applicant proposes the development of a mixed use project; a residential and employment Rezoning #11-05, Carpers Valley October 4, 2005 Page 4 of 17 center. The project would be anchored by roughly 143 acres of commercial uses, initially reserved for the development of federal government facilities. These commercial uses would be complemented by moderate to high density residential uses. Through the proffer statement, the project would be limited to 785 Fesi enti ' tmits 550 residential units (revised proffer dated 10104105) Staff Comment: The applicant has utilized the R-4 District designation in an effort to maximum residential development opportunities while also providing for significant non- residential uses. While R-4 is intended for a planned community, this project is not unlike a traditional RP and CommercialAndustrial rezoning application, where the uses are clearly separate from one another. Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (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 Plan indicates that this planned land use designation is appropriate given the proximity of the area to the Winchester Regional Airport and the Interstate 81 interchange and the conduciveness of such locations to non-residential development. (Comprehensive Policy Plan, p. 6-19, 6-21) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive Policy Plan, p. 6-61, 6-63) Adopted economic policies stipulate that a business climate must be supported in Frederick County that is conducive to economic activity and orderly economic growth. Critical to the attainment of this goal is effective land use planning. Diverse locations for business and industry must be identified that are capable of accommodating the access and infrastructure needs of such uses while simultaneously ensuring their functional and aesthetic compatibility with surrounding uses. (Comprehensive Policy Plan, p. 4-1, 4-4, 4-5) Rezoning #11-05, Carpers Valley October 4, 2005 Page 5 of 17 The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east -west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north -south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6-19,6-21) • Planning Staff Comment: While the Comprehensive Policy Plan clearly indicates future uses on the subject parcels to be business and office uses, the applicant suggests that there could be an opportunity to provide for transitional residential uses to the existing Single Family (The Ravens) to the north. Transitional residential uses might include moderate density housing (attached single family and multi family), which would lessen conflicts and impacts associated with locating detached single family uses adjacent to non-residential uses. If such transitional residential uses are to be considered, all efforts must be made to distance the residential uses from the airport property. The Zoning Ordinance states that the residential density in the R-4 Zoning District shall not exceed a gross density of 4 units per acre. The subject proposal would enable 785 1- s;,ae,,.t -'� 550 residential dwellings (revised proffer dated 10104105) to be constructed on 115 acres, which results in a net density of" 4.8 units per acre. 5) Site Suitability/Environment The subject parcels contain a variety of enviromnental features to include areas of flood plain, wetlands, steep slopes, and woodlands. A. 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 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. B. Wetlands: The site includes four identified wetland features, all of which are man-made ponds associated with the existing golf course use. 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, 0 0 Rezoning 411-05, Carpers Valley October 4, 2005 Page 6of17 and/or the placement of utilities and roads. It is noted that the identified wetland areas may be preserved through their use as project design features. Such issues may be adequately addressed during the Master Development Plan process. C. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Steep slopes (areas of 25% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulfur Spring Run. The applicants are proposing some disturbance of these areas to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or regrading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. The site engineering process associated with subsequent land development applications must address the steep slope conditions on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. D. Woodlands: The ravine areas present on the site also contain the majority of identified woodland resources. As the location of the woodland areas generally corresponds with steep slope areas, it is reasonable to expect the preservation of substantial portions of identified woodlands to maintain natural stabilization of the protected slopes. The applicants propose such preservation, but also note that some disturbance will occur to create buildable lots and to implement proffered transportation improvements and the stormwater management system. The site engineering process associated with subsequent land development applications must address woodland resources on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. 6) Potential Impacts A. Transportation The applicant has stated that the Carpers Valley project will be served by a multi -model 0 0 Rezoning #11-05, Carpers Valley October 4, 2005 Page 7 of 17 transportation network designed to safely and efficiently accommodate automobile, bicycle and pedestrian traffic. The transportation improvement program proffered will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide with the introduction of land uses on the site, as specified by proffer. Access to the subject parcels would be a single entrance on Route 50 at Sulfur Springs Road; and an entrance onto Prince Frederick Drive. These two entrance points would be linked by a major collector road ("Coverstone Drive"), with a hikeribiker trail running parallel. The revised proffer dated 10104105 enables the preservation of the existing gold course entrance as a right-in/right-out. This proffer revision was not included in the TIA consideration. The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development program: • Residential : 487 multi -family units and 263 townhouses (750 dwelling units) • Office: 1,200,000 square feet (Scenario #1 — office and residential) • Retail: 620,000 square feet (Scenario #2 — retail and residential) Using traffic generation figures from the ITE Trip Generation Manual, 6"' Edition, the applicant projects traffic impacts for the development in terms of two phases that correspond with years 2008 and 2010. For the purposes of this TIA, 2010 represents when build out will occur. Two scenarios have been modeled to reflect the potential use of the property for office and/or retail. The TIA indicates that at project build out, the planned uses will result in the generation of 14,405 ADT (Scenario #1) and 27,598 ADT (Scenario #2). The infrastructure policies of the Comprehensive Policy Plan stipulate that new development should only occur if roads adjacent to and within new development will function at Level of Service (LOS) Category "C" or better. In each scenario, the applicant has proffered to implement the necessary improvements to maintain LOS C at the key identified intersections scoped in the TIA. The intersections studied include: Route 50 at Prince Frederick Drive; Prince Frederick Drive at Costello Drive; Prince Frederick Drive at future Coverstone Drive; Route 50 at future Coverstone Drive/Sulfur Spring Road; and Route 50 at Victory Road. The proffered improvements include: signalization and lane enhancements. In addition to the intersection improvements, the applicant has proffered to construct a four lane raised median major collector road ("Coverstone Drive"), linking Sulfur Springs Road to Prince Frederick Drive through the subject parcels, implementing a planned collector road. The applicant has also proffered monetary contributions to extend Coverstone Drive west to intersect with a future realigned Route 522, if and when the necessary right-of-way is available. The applicant has proffered to eliminate the existing median crossover on Millwood Pike at the Carpers Valley Golf Course entrance and to establish no new connections to Route 50 other than the extension of Sulfur Spring Road onto the subject parcels — such extension would be called Coverstone Drive. • Rezoning #11-05, Carpers Valley October 4, 2005 Page 8 of 17 Staff comments and issues: The TIA does not reflect the proffered access proposal to continue use of Golf Course entrance (revised proffer dated 10104105). This may alter the true TIA results. As of October 4, 2005, staff has not received a VDOT comment on the revised proffer statement as it relates to transportation. ' i condition beeni i proffer i10104105. Pursuant to adopted transportation policy, roads located adjacent to and within new development are expected to operate at no less than a Level of Service "C" (Comprehensive Policy Plan, p. 7-5). As noted above, the transportation improvements proffered by the applicants achieve this standard with each phase of development, if the necessary right-of-way is secured by the applicant. B. Sewer and Water The applicant states that the existing golf course use is 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 and enable gravity flow to the existing main. The ultimate sewage conveyance impact at project build -out is projected to be 302,500 gallons per day (GPD). The applicant notes that a 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. The applicants report that FCSA has indicated that sufficient water capacity exists to serve the project. C. Historic Resources As reported by the applicants, 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. D. Community Facilities The Frederick County Capital Facilities Fiscal Impact Model projects a net positive fiscal • 0 Rezoning #11-05, Carpers Valley October 4, 2005 Page 9 of 17 impact from the project at project build -out. Failure to phase in the non-residential land uses could result in a negative fiscal impact as the fiscal benefits of the non-residential land uses would not be realized. As such, the applicant has proffered a monetary contribution of $2,637 per residential unit to mitigate the potential negative fiscal impacts. Staff comments and issues. - This mixed use project, at build -out, could provide for a net positive capital facilities fiscal impact to the County. If the non-residential phase of the project does not materialize, and the project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. E. Permitted Uses The zoning ordinance permits various uses within the R-4 Zoning District. The applicant has proposed the development of residential and non-residential areas. A Design and Development Standards manual has been proffered which introduces various housing types which would be unique to this project: stacked townhouses and 24-unit condominium and apartment buildings are just a sampling of the new housing options. Revised proffer dated 1014105 excluded the stocked townhouses, yet the Design and Development Standards manual continues to detail such housing. The R-4 Zoning District also permits the various non-residential uses associated with the Bl, B2, B3, and M 1 zoning districts. While the intent of this application is to promote the site as an employment center, with aspects of office and commercial uses, the application does not prohibit the possibility of introducing industrial uses to the area. Staff comment and issues: The R-4 District provides maximum flexibility intended to offer the developer an opportunity to design a unique community. Sans creativity, the R-4 District is not unlike the traditional RP, Bs, and Ms districts where all uses in the underlying zoning district are permitted. The applicant is encouraged to consider establish ingprohib itions ofsuch uses that are not appropriate nor intended for this residential and office project. 5) Proffer Statement — Dated June 24, 2005, revised October 4, 2005 It is noted that the proffer statement for Carpers Valley is extensive, involving proffered conditions which include a design manual and three modification requests. The proffer statement is fundamentally dependant upon the regulatory flexibility sought through the modification document. The design manual introduces new housing types, such as significantly larger apartment buildings, and stacked townhouses. (Stacked townhouses are not specifically permitted by the proffer statement, but are described in the Design and Development Standards manual, revised proffer 1014105. The applicant should clarify whether this housing type is proposed for this project.) Given the importance of these requests to the applicant's proffer statement and, therefore, the 0 0 Rezoning #11-05, Carpers Valley October 4, 2005 Page 10 of 17 overall rezoning proposal, staff has provided a detailed discussion concerning each request. Modifications Request — included within the Desil4n and Development Standards manual 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 three modifications to certain provisions of the Frederick County Code. • Modification #1 - § 165-68. Rezoning Procedure The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The master development plan review procedures must be completed concurrently with the consideration of the rezoning, and must be included as part of the rezoning application. The applicant is requesting modification of this request to allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning instead of the complete MDP. The GDP would identify the relationship of the project site to the surrounding transportation network and adjoining land uses. Moreover, the GDP would provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or non-residential land uses. The applicant would submit the MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development would be provided If Modification #1 is approved, a proffered Generalized Development Plan (GDP) will be processed with this application instead of a detailed Master Development Plan (MDP). MDP submission would follow rezoning approval pursuant to the application sequence typical for development in other zoning districts as outlined by the Zoning Ordinance. Planning Staff Comment: The applicant has included a proffered Generalized Development Plan (GDP) with this application and is seeking the requested modification pursuant to discussions with staff. The level of detail required with a complete Master Development Plan (MDP) is difficult to provide with a rezoning application when considering a project of the scope and scale of Carpers Valley, especially when the potential federal facility is considered. A proffered GDP will effectively represent the overall development concept and can sufficiently guide the implementation of proffered conditions via subsequent development applications. • Modification 92 - § 165-71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. • Rezoning #11-05, Carpers Valley October 4, 2005 Page 11 of 17 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. If Modification #2 is approved, the project housing type mix will not be regulated by ordinance nor proffered conditions. This will provide the applicant the greatest flexibility to design and develop the housing types most appropriate for the market. Planning Staff Comment: The current requirement of § 165-71 ensures that single family detached dwellings will comprise a minimum of 60% of the residential land area in a planned residential community. As proposed by the applicant, the entire residential site could be developed into the highest density residential housing type enabled by the zoning ordinance (16 units per building garden apartments at 10 units per acre). The proffer statement limits the use of the 24-units per -building multi family unit described in the proffered Design and Development Standard manual to occupy no more than 50 percent of the total market rate housing units • Modification #3 - 165-72.D. Commercial and Industrial Areas; The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure (i.e., retail on first floor, residential on 2nd and 3rd floors). 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. If Modification #3 is approved, the applicant will be permitted to expand the commercial development to occupy up to 60% of the project area; industrial uses would continue to be limited to 50% of the project. Proffered Conditions dated June 24, 2005 and revised October 4, 2005. The following is a brief summation of the proffered conditions included with the application. Rezoning #11-05, Carpers Valley October 4, 2005 Page 12 of 17 1) Land Use a) Establishes that market rate housing shall not exceed 550 dwelling units. b) Establishes that the 24-unit-per-building multi -family housing type will not exceed more than 50% of the total dwelling units. (Staff note: proffer does not limit the use of the traditional garden apartment on more than 50% of the site, which is enabled by Modification #2) a) Establishes !he ability to develop up to 3 5 Fesidential units fef sale to famili • guarantee that any workforee housing built) Removed from application in revised proffer dated 1014105. 3) Reservation of Land for public use a) Identifies and reserves ( for up to 2 years) land for acquisition for federal b) government use c) Identifies and reserves (for up to 8 years) land for acquisition by the Airport. d) Identifies and dedicates approximately 10 acres for use as a National Guard Armory e) Identifies and dedicates approximately 9 acres for use as a public safety center (added in revised proffer dated 1014105) 4) Phasing of the Development a) Provides for limitation on the issuance of residential building permits. Year 3 - 140 permits. Year 4 - 140 permits. Year 5 — 140 permits Year 6 - 130 permits 5) Provides for enhanced recreation amenities with a community center, pool, and dog park. These amenities would be constructed by the end of the 4"' year of development. 6) Provides for hiker/biker trail adjacent to the planned major collector road. 7) Provides for a per residential unit $2,637 monetary contribution to lessen projected impacts on capital facilities (Staff note: If the non-residential phase of the project does not materialize, and the project is built solely as a 750 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. 8) Provides for transportation improvements such as: a) Tree -line 4-lane raised median major collector road connecting the Sulfur Springs Road/Route 50 intersection with a future intersection with Prince Rezoning #11-05, Carpers Valley October 4, 2005 Page 13of17 Frederick Drive. (Staff note: the tree lined street is in lieu of the County required Road Efficiency Buffer) b) No connections to Millwood Pike (Route 50) other than at the Sulfur Springs Road intersection, and the preservation of the Golf Course right-in/right-out entrance (added in revised proffer dated). c) Traffic signal improvements at Sulfur Springs and Route 50; Costello and Prince Frederick Drives; and Victory Lane and Millwood Pike (Route 50). d) Future TIA and improvements to reflect changing uses of the property. e) Provisions to enable the issuance of building permits for model homes and the community center prior to base paving. Staff note: This conflicts with the County's Erosion and Sedimentation Ordinance requirement which does not enable the issuance of building permits until significant road improvements are completed. STAFF CONCLUSIONS FOR 07/20/05 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 281.5 acres of RA -zoned property to the R4 District to facilitate development of a mixed use development consisting of 785 dwelling units and 143 acres of business and office use opportunities. The Comprehensive Policy Plan specifically addresses the planned land use of the subj ect parcels through the policies adopted with the Route 50 East Corridor Land Use Plan. These policies recommend the establishment of business and office uses on the parcels. The requested rezoning suggests that an employment center and transitional residential uses are an appropriate use for the site based on the site's proximity to the Airport, the Prince Frederick Office Park, and adjoining single family uses. The R-4 Zoning District is intended to facilitate a planned unit development, where uses are interspersed, and retail and residential uses intermingle. The Carpers Valley application is more similar to a B2 and RP request, then a planned unit development. Yet, the proposal certainly attempts to create a compatible product in a key developing corridor of the County. Addressing the various agency concerns and issues is the responsibility of the applicant; VDOT and Airport Authority have yet to offer support of the application. The applicant should be prepared to address these agency issues, Planning staff comments, as well as all comments offered by the Planning Commission. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: • Rezoning #11-05, Carpers Valley October 4, 2005 Page 14 of 17 1) The Commission providing concurrence with VDOT that the transportation proffers offered with the rezoning application are satisfactory. 2) The Applicant's satisfaction of all comments offered by the County Attorney. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/20/05 MEETING: The following airport representatives were present to speak with the Commission: Mr. Mark K. Flynn, Legal Counsel for the Winchester Regional Airport Authority; Mr. John Longnaker, engineer with Delta Airport Consultants; Serena R. Manuel, Executive Director of the Winchester Regional Airport; Mr. Joe Delia, The Federal Aviation Administration's Project Engineer for the Winchester Regional Airport; and Mr. Randal P. Burdette, Director of the Virginia Department of Aviation. The primary concerns raised by airport representatives included: opposition to the R4 Zoning designation due to its inclusion of residential units and opposition to any rezoning request that would include dense housing within the Airport Support Area; concern that continued residential encroachment would impact the viability and future expansion of the airport and, eventually, it would have an affect on the airport's funding from the FAA and the VDOA; the inability of the airport to accept the applicant's offer to purchase the reserved acreage to the north because of development priorities on the south side of the runway that will require considerable funding from the FAA/VDOA; if acreage to the north was purchased within the eight -year time frame, it would require local funding (Frederick Co. and City of Winchester); regarding the Coverstone Drive extension, the Rt. 522 realignment has not received FAA/VDOA approval; the realignment of Rt. 522 is contingent on surveys and elevations yet to be conducted and must not interfere with the airport's approach surfaces. Regarding the public safety building, the airport has earmarked a five -acre site for a public safety building, however, an agreement has not been finalized, a site plan has not been reviewed, nor has a lease been negotiated. If a lease is negotiated with Frederick County, the airport would retain ownership of the land and it would not convey to Frederick County. There were also concerns regarding the public safety building's 60-foot right-of-way through the airport's property. Three citizens spoke in opposition to the rezoning request; their opposition was based on their view that residential use was not compatible with the airport. They were concerned that residential encroachment would affect the airport's viability and lead to its closing; they were concerned about safety for the residences that would be constructed. One citizen, a partner in the adjacent Blue Ridge Industries, spoke in favor of the rezoning. He rebuked statements that the airport was unsafe for adjacent residential use and asked if having employees work in the adjacent commercial buildings would also be considered unsafe. He considered the offer made by the applicant to reserve the acreage for eight years as a tremendous value to the airport; he remarked that if corporate business was unwilling to step forward to sign leases to fund the purchase of the acreage, or if the FAA/VDOA didn't consider it a priority, then perhaps the land was not really needed. He also expressed disappointment that the Airport Authority would hold 6,000 square feet hostage to the local land transportation needs. The applicant believed their proposal had met the County's goal for land planning adjacent to the airport. The applicant expressed the desire to negotiate with the airport; however, they believed that until a decision was made on the land use issue, negotiations could not go forward. • 0 Rezoning #11-05, Carpers Valley October 4, 2005 Page 15of17 Discussion and comments by the Planning Commission included: The plan presented was good and much improved over the previously -submitted plan; the plan presented the opportunity for growth inside the UDA, as opposed to the rural areas; it may not be appropriate to place housing on land planned for business/office use; no concrete determination has been made by the airport on an acceptable distance for dwelling units from the runway; distance of dwelling units from the runway does not in itself affect funding from the FAA/VDOA; the best use for this area is commercial; the plan presented the opportunity for affordable housing; and, a significant amount of cooperation between the developer and airport was needed to make the project work and would result in a win -win situation for both parties, in addition to the County. One commissioner remarked that if tenants would choose not to come in the second and third land bays, he would not be in favor of putting more housing within those bays. Some of the commission members were not in favor of residential housing near the airport because of its potential impact to the viability of the airport and for safety reasons; one commissioner preferred to see the County's UDA and RA studies completed before approving the rezoning; a member cited insufficient data on the quality/quantity of available water and possible DEQ limitations on discharging into waterways that empty into the Chesapeake Bay. A majority of the members of the Commission were in support of the overall plan for rezoning and believed it was appropriate for this location and the timing was right. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers and conditions discussed, as well as the three proposed modifications requested by the applicant, as follows: 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 for Business and Commercial Purposes. The majority vote was as follows: YES (TO REC. APPROVAL): Manuel, Triplett, Kriz, Ours, Thomas, NO: Watt, Gochenour, Straub ABSTAIN: DeHaven, Wilmot (Note: Commissioners Unger, Morris, and Light were absent from the meeting.) Rezoning #11-05, Carpers Valley October 4, 2005 Page 16 of 17 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 8/10/05 MEETING: Item was postponed at the applicant's request. BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 9/14/05 MEETING: Item was postponed at the applicant's request. ACTIONS SINCE LAST BOARD OF SUPERVISOR'S MEETING: The applicant submitted revised proffers dated October 4, 2005. In summary, these revised proffers: • Eliminate the previously proffered 35 unit Workforce housing provision; • Reduce the total residential units to 550 dwellings for the entire project; • Establish a four year phased build -out of the residential units, with residential unit construction to begin not before 2007; • Eliminate of the stacked towi-llouse housing type. (Staff note: May require further clarification to eliminate conflicts between the proffer statement and the Design and Development Manual) • Introduce the preservation of the existing golf course entrance onto Route 50 as a right- in/right-out entrance; • Continue to offer a monetary contribution of $2,637 to mitigate projected impacts on capital facilities. The Capital Facilities Fiscal Impact Model projects impacts of $4,174 per residential dwelling unit; and, • Dedicate 9 acres site to accommodate a public safety building. STAFF CONCLUSIONS FOR 10/12/05 BOARD OF SUPERVISORS MEETING: This application is a request to rezone approximately 281.5 acres of RA -zoned property to the R4 District to facilitate development of a mixed use development consisting of 550 dwelling units and approximately 143 acres of business and office use opportunities. The Comprehensive Policy Plan specifically addresses the planned land use of the subject parcels through the policies adopted with the Route 50 East Corridor Land Use Plan. These policies recommend the establishment of business and office uses on the parcels; residential uses on this site are not directly supported by the land use plan. The requested rezoning suggests that an employment center and transitional residential uses are an appropriate use for the site based on the site's proximity to the Airport, the Prince Frederick Office Park, and adjoining single family uses. The R-4 Zoning District is intended to facilitate a planned unit development, where uses are interspersed, and retail and residential uses intermingle. The Carpers Valley application is more similar to a B2 and RP request, then a planned unit development. Yet, the proposal certainly attempts to create a compatible product in a key developing corridor of the County. Addressing the various agency concerns and issues is the responsibility of the applicant; as of Rezoning #11-05, Carpers Valley October 4, 2005 Page 17 of 17 October 4, 2005, VDOT has yet to offer support of the revised proffer statement associated with this rezoning application. The applicant should be prepared to address these agency issues, Planning staff comments, as well as all comments offered by the Board of Supervisors. The Planning Commission considered this rezoning request on July 20, 2005, in a slightly modified version, and did forward a recommendation of approval. Patton HarrislOst & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. PHIZl� CORPORATE Chantilly VIRGINIA OFFICES: Chantilly Bridgewater Fredericksburg Leesburg Richmond Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood Hunt Volley VEST VIRGINIA OFFICE: Martinsburg SEP 13 2005 12 September 2005 Mr. John Riley Frederick County Administrator 107 N. Kent Street Winchester, Virginia 22601 ,&. Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Carpers Valley Rezoning Rezoning Application #11-05 Dear John & Eric, We hereby request a postponement of the public hearing and consideration of approval of the above project until your October 12, 2005 Board meeting. We intend to make changes to the project proffer statement and generalized plan which will put the proposal in better form for review and will need this additional time for this work. Thank you for your action in this regard. Sincerely yours, PAT'1@N 1 A CEM/kf cc: Mr. John Conrad Mr. Jim Vickers T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Winchester, VA 22601 .TES Vice President 07/29/05 15:36 FAX 7036802161 WALSH COLUCCI C7 Z 002/002 John 11 Foote (703) 330-7400 Ext 13 jfoote@mn.thelandlawycrs.com Mr. John Riley, Jr. Frederick County Administrator 107 N. Kent Street Winchester, VA 22601-5000 WALSH COLUCCI LUBELEY EMRICH & TERPAK PC July 29, 2005 RE: Carpers Valley Rezoning Application Dear John: As you know, this firm represents the applicants in connection with this rezoning application. The Planning Commission has recommended approval and the matter would ordinarily be scheduled for action at the Board in August. My people are concerned that there remain issues related to this application which will require additional time to resolve. l believe you are familiar with these questions. Therefore, I have been asked to request that this case be deferred until September and that no hearing be held in August. Thank you for your kind attention to this. cc: Eric Lawrence Michael Ruddy John Conrad Chuck Maddox JHF/a3ne Sincerely yours, WALSH, COLUCCI, LUBELEY, EMR1CJ-1)& 'TERPAK, P.C. Ing 16111100. %k19416195 rNONE 703 690 4664 - FAX 7 o3 680 6067 I W W W.TRYLANDLAWYER3-COM r,I,RN PARK I - 43LO PRLNCU WILLIAM PARKWAY, su"I'd 300 1 PRINCF WILLI&M, VA 2Z192 J ARLINGTON OFFICE 7U3 $28 4700 - LOODOLN OPIPICR 703 737 3633 AT'LOILNEVS AT LAW ■ 4 20q • 5! " �, 1 FREDE8I6KTOWNEGROUP I REDERICKTOWN':GROUP )p B9A �'l;indy Will/Ln 4E � .w 0P � 2pog �c i 41 - 16-FREDERI6KTOWNE GROUP C s 5 64 10 2 QC 89 4 2 FREDERI , GROU �6� A 64 A 89 7q FREDERIGKGROUP 64 A 89 � 2998 � JGR THREE-87 30 Be 64 A87� JGRITHREE -- 4 ]Wrmj X, 40B 45 Apo^ 40M f'1Q Asir •: - mil; ;�� 80K \ 60F OpS �G sci Ptbo Bob o{� �q �S` 159E 80M BOE 159� 158 Ar f AIR- ct� MOW �W- p T3 a 0 41, Wk f All; Amami &3 a OD A oidollll� III - mig Col. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff _ Fee Amount Paid $ GCS - 0 Y: Zoning Amendment Number Date Received _ ( o S PC Hearing Date o �^ ' _ 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: Miller and Smith Land, Inc. Telephone: (703) 821-2500 Address: 8401 Greensboro Drive, Suite 300 McLean, Virginia 226102 Name: Miller and Smith Coverstone, LLC Telephone: (703) 821-2500 Address: 8401 Greensboro Drive, Suite 300 McLean, Virginia 226102 2. Property Owners (if different than above) Name: Richard G. and Donna Dick Telephone: (540) 662-1287 Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: JGR Three, LLC et als Telephone: (540) 662-1287 c/o Richard G. Dick Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: Gregory L. Coverstone Telephone: (540) 662-3149 Address: 334 Hichbanks Road Stephenson, Virginia 22656 Name: Constance L. Tjoumas Telephone: (540) 662-3149 c/o Gregory L. Coverstone Address: 334 Highbanks Road Stephenson, Virginia 22656 3. Contact person(s) if other than above Name: Christopher M. Mohn Telephone: (540) 667-2139 Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street, Suite 200 Winchester. Virginia 22601 Name: John H. Foote Telephone: (703) 680-4664 Walsh, Colucci, Lubeley, Emrich & Terpak, P.C. Address: Glen Park I 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 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 Virl4inia 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: Gregory L. Coverstone Ellen, LLC Aml Coverstone JGR Three, LLC Richard G. Dick LCR, LLC Dolma C. Dick Liberty Hill, LC Thomas A. Dick MDC Three, LLC Michael E. Dick Miller and Smith Land, Inc. Cynthia Aim Pappas Miller and Smith Coverstone, LLC Constance L. Tjoumas Susan Sanders, LLC John G. Russell III Linda C. Russell 6. A) Current Use of the Property: B) Proposed Use of the Property: Golf Course/Club/Undeveloped Mixed Use Employment Center 3 Name: Cynthia Ann Pappas Telephone: (301) 949-7055 c/o Gregory L. Coverstone Address: 2816 Denley Place Silver Spring, Maryland 20906 Name: Ellen, LLC Telephone: (540) 667-4638 c/o John G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: LCR, LLC Telephone: (540) 667-4638 c/o Linda C. Russell Address: 407 S. Washington Street Winchester, Virginia 22601 Name: MDC Three, LLC Telephone: (540) 667-4638 c/o John G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: Susan Sanders, LLC Telephone: (540) 667-4638 c/o Jolm G. Russell III Address: 407 S. Washington Street Winchester, Virginia 22601 Name: Liberty Hill, LC Telephone: (540) 662-1287 c/o Richard G. Dick Address: 1600 Millwood Pike Winchester, Virginia 22602 Name: Thomas A. Dick Telephone: (804) 330-3139 Address: 3607 Lenox Forest Drive Midlothian, Virginia 23113 Name: Timothy J. Dick Telephone: (404) 395-8393 Address: 2758 Grove Street N.E. Atlanta, Georgia 30319 Name: Michael E. Dick Address: 221 East Tazewell Way Williamsburg, Virginia 23185 Telephone: (757) 645-3071 2 7. Adjoining Property: SEE ATTACHED. PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located approximately one mile east of Interstate 81 on the south side of Millwood Pike (Route 50 East), across from Sulphur Springs Road (Rt. 655) and The Ravens Subdivision. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 64-A-82; 64-A-83; 64-A-83A; 64-A-86; 64-A-87; 64-A-87A; 64-A-89; 64-A-100A; 64-A-10013; 64-10-1; 64-10-2 Magisterial: Fire Service: Rescue Service Shawnee Millwood Millwood Districts High School: Middle School: Elementary School Sherando James Wood Arrnel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 276.92 RA R4 276.92 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home N/A Towr-liome 500 Non -Residential Lots NA Mobile Home NA Multi-Farnily 250 Hotel Rooms NA Square Footage of Proposed Uses Office 100,000 Service Station Retail 100,000 Manufacturing Restaurant NA Flex - Warehouse Other NA NA N/A N/A 5 • 40 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 5/20/05 Date 5/20/05 0 • 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 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 Pro ert #: 64-A-123 Winchester, VA 22602 7 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 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 Name: Mary K. Hockman 104 Oak Side Ln Property#: 64-A-84 Winchester, VA 22603 Name: Mary K. Hockman 104 Oak Side Ln Pro ert #: 64-A-85 Winchester, VA 22603 May 19 05 01:0Ip PHRA WINCHESTER 540-665--0493 p.7 Special Liunited. Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: wRM--1C0efrederickVA Us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665.5651 Facsimile 54o-665-6395 Know All Men By Those Present: That I (We) (Name) Liberty hill, LC c/o Richard G. Dick (.Phone) 540-662-I287 (Address) 1600 Millwood Pike Winchester Virginia, 22602 the 01A_ner(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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot;:Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name)_ Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And -- — (Name) 'Walsh Colucci. Libelee Emrich, &Tervak, PC (Phone) 703-680-4664 (Address) Glen Park 14310 Prince William Parkwa .Suite 300 Prince William Virginia 22 192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including A Rezoning (including proffers) Conditional Use Permits A Master Development PIan (Preliminary and Final) Subdivision Site Plan My attomey-inr£act 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 Signature(s). State` of Virginia, City/County uf.� l'- (�1C r ' r /G�� n ----r ' �a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared 'o e m� C\and has acknowledged the same before merlin the jurisdiction aforesaid this 2005 , Nntary Pnhlin r�fy ComrrtissionExpires: Nat3 19 05 I2;Sap �!!Ril UIrgCHESTER SpeAal Unified Power W' At:torrney &='r ee.rir 'fta aa eta Spe. �d fl. Kr� D.epuxam?ent tad i"hwxalflraq; & 9 trtia%ialti�fi5 COL'Inty Gri'Frrah Ack, Vir�t�i lit North Herat ;Ytt l;t5 Virlciac >ler, vjgr ala g Phone- gr..Susalie UM6514-6395 .[{:.note;"-,_l 1'14en By Those Presnn;: Ttt:tt I (We) Narne h: chard Ci.:,nc pans --___ (phone) 5L0 (Address) l(j()I)b4:ilr�rucjci,'ike lvincltr,,(Zr_Lir2ini±.22(S ? the UWner'(5) of till :hose tracts or paro is of land ("PrDpe:ly") Gl3iiV� CC i0 ;Ile n8)}} -- --T_ ( : > y deed rec orded u:t the Clerk's Office o; the Ciraliit Court of the County of Frederick, Virginia, by De, d Batik__ .568..—....—_ on Page G9 — -- and is descriher.l -cis Parc;1: 3_ Z ----Block: A _-SeCdOrl: 04 Subd;visi do hereby bake, r_ons?iWte and appoint: — 01"arrle)�Patron J-1arris Rust A�sociatts c - ___-�-� _—..-----•------_�_.�_lPhone}_ 54•�-tb_i_21�tS _-------------- (.addless;, I i7_Pi.ccadlt' Sheet�Suite 2U�. V,!ulz.:tes•.�r�L'`ireznia 7�6U1 And (h'amc) \yaIS]I Cviac: i_L!i e1e;. Ealrici�. bt. ?'emak. YC {Addrassi _ r',!en Park 1, r>; ]0 Prince Williary!.!ite C,3, i'r:nee illianl, �'ir1i;_ia l2',)2 --- — ----- - TO act as my flue and !a',t [ l attorrxcy-in..fa�t for and ill MY (otu•'] a-IInc, nlaee, and stead cvitl] full i_)ow'er and a:ithoritY I (NA10 Would have if orthig.personilly to file -Ppiicadans fb," my (oIrr) above ciascribsd Prope' y, irlcludin." _ x_ lt.ezol'i"Ll Oncludivig proffer;) Conditianai €Jae PeI'ynits Nlaster DeveloatnKnl Pl,An (PI-Chmin iry rand �_'kaal) Site Plata MY attomev-in-fa ' shall have 'tIC authOffly to offer pro;'fet'ed conditions' and t<1.make., vanen: me,,jtS l.c,, pr(',Vio :ii'c' uj]p,*.Ot'G"d h7bFFP.Ii,G condit ons except as fol'tntsrs: fln:' ."AhoI'iatiou shall..-!;p1re one v,•aI' tronl the day It 1S signed, or un it It is o'tl2enl,rlg,„ I�SCiaded Or rtlt,cified. Ia WMIQSS theSebf, I f We) haVt? hi-n-In —t S i VlatUle;_S ate oFVir67;ia, C'iTWCoun,Y of W-4,�'�t'-----_— — � ' _yl_�'lZ_._._�__.,---li: _*�latalY F'11bi1C lIt ar.]Cl 'C) r trxFjttnsdio(illEx afbre!;ai d, cert.&y that the Ptrson(s) Who signed to th, foregoing instrument persc�xal y argxeared b°line me and has ac1.^xawledned flee s lme befhre me ir±'dle jltrisdictic:n aForesaid this �i2y ufN.' ?UC_� !-1�----.---_Mlv Commission l .rpirr:s:.-- \ Cj' l,,otal}r Pubii;;__._-- hia�j 19 05 01:15p 16RR WINCHESTER - G65-0493 p.2 (Phone) 540-662-1287 _ (Address) 1600 ,% i :wood Pike, Winchester. Virginia. 22602 R the owner(s) of all those tracts or parcels of land (" Properry") conveyed to me (us), by deed recorded in the Cleik`s Orrice of the Circuit Court of the County of Frederick, Virginia, by Instrument Number.04MI1820 and is described as Parcels: 83A, 86, 87, 87A Lot:_Bloek: A Tax Map/Section:J4 Subdivision: do hereby make, constihrte and appoint: i (Dame)_ Patton Harris Rust Associates nc (Address) _ 117 E. Piccadilly Street, Suite 200. a;'inches?er_, V17ElIila 22607 `—'— And (lti'ame; V�'alsh C;olucci.. Luhele ' Emrich ,, Temak PE (Phone)_ 703-600-4664 (Address) Glen Park 1,431 illiaite S✓m, 20 Prance William �'ireinia �2192 To act as my true and la wful attomey-in-:act for and in my (o;.u') name, place, and stead with fitIl pov/er and authority I (We) 'wouid have if acting personally to file planning applicarions for my (our) above described Property, including 4 Rezoning (including proffers) Conditional Use Pertnits X Master Development Platt (Preliminary and ;''rout) Subdivision Site Plan My atcomey_in-fact shall have the authority to oiler proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it's si ;tried, or until at is otherwise rescinded or modified. In wi est�s t�iw,reof I (wcl have 1 Signature(s a"late of Virgitia, .Ay/County of Special Limited Power of Attorney County of Frederick, Virginia Frede ek Planning Web Site. yte�vi+u�.frecl�air�c dra,r�s D.Cpartiment of Ppamoing & i9evelopme;at, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 54€-665-5651 1~'aciimile 540-665-6395 Know A11 Men By Those Present: 'that I (We) (blame) Timcxtlq T. Dick I c/o Richard G Dicl�L __- re a set my (otu) hand and seal this _ f _ day o 2005 -- �- ----_ _�___-��-r--j-•-�-•��_��..� /yam �% � � C � ��- .To -wit: lnf l C? 1' V L(Ar ���` �a I�lotary Public ut and for the jurisdiction aforesaid, certify that file person(s) who signed to the foregoing uastr tuner¢ pzrsonal.,,lyy appeared l:; re r e and has acknowledged the same before mein the jurisdiction aforesaid this-��1 day of 200 D) _—My Ccmnlission Expires: I )1. —fflrULU 4P, i �� Mai 19 OS 01:1.5p aiIPA UINCI-127S'YEI-�,' -0493 p SPMI-91. Limited Pvwf,,r Of A&Orde' f '0 ick, T PlUa HOY Of Fr eden Ilirg- Frederick pjmjgi.H_g Wey Site: 0�-'Partm`lt Of Pllgmdag & DeveloPlILQt, CoUnty of vfY-gjw;A, Nwi-th Ken C Winclestor, Vkv9;,0Lx 14260-1 Phone S4&,6SC)..4j65j y2witalle, So.-i'wo-619s Kno,x.A31 1,4e.tj By Those Present That I (We) (Name) _Iaci 'ck. D — (Address)j�v -LK —!ar' ThOne) 55,41a--662-123.7 u-Li, ipI,�2,± -, 2 —ik —e a,'jn,,Li cjt.,�F IT, `26 the 0,-mmer`s) of at! those I yL ia, - Q2 ,)se tra, C.Ierk's Offflice of the Circuit Coull,,,,of• land to (us) deed re-,-m-ded j1p., the JILUty of Vi.qpma, by InstrumAnt N ambe I- -ed as —and 's desc7.1l Parcels :f !A - s c, &7 A TaxM,,p/,SeCt 4 u)divin; dc, "illreby malce. Cotlstilu!t- and Eip Associates, oc (-Address) 11ie 220. N Ajid (Address) Glen 43 111 Ll 0 P, nLLw P 'I '01 To act as rntrue aEd 1,11,1TUI 3 a,, ;a M�, (01�1) mme, ula— ataAcrity I (iv,,,) weul, I , ,,: qi)d sicad with fill'i Pawul-� and j halye if actixuz Personally io.file p "iPlAletions fl:}r my (our) above , Pronert')T, including jtTljx.X : descrlb-M -2L Rezoning (hicluding prurfer.) — collditional UEe Permits Master DevelqpIxielit plall Yll l. I Subdivision and llinnA) Site Plan My attorney -In -tact shall have The authorify to ojf(;y proffered condi, Ljo, Conditions except as follows. P ly a-dArOvId This authorization sha expire one year f, -orn the day it is s,j;, modified. or it is odlemise YuscirAxjl or Irl witness thureof, 1(we) have hap to my (o jIarI3 alldjea] this dayofffl-q..- 00S Signatur In ---- ------- I , State of VirE Lu q, r PjI a 1NO Ta ryablic in j aiomsalc that [lie Person"s) %VF,o signed to the foregoing 11JIMIDIV4.lit , and has acknowledged the. sans, befbi t, rl,,e it, &I ejurisclicti011 Ry�olesaid this _ 2005 IMY Collj�rJ-9sio- May 19 05 01:16p 4iHRA WINCHESTER * 0-665--0 499 p, a4 SPecia! Limited Power of Attorney -- COUnt-y ruff Frederick Virgini.-I Pknning Web Site. TV.00.f>teti� Department of 1Pluuning & Dewelopment9 County o F� read re ck, 107 North Kent Street, V6"3neheStCC9 VlrgW& 22601 Phone 540-664-5691 Faesindt a 540-665-6395 Know All Men .Ey Those Present: That I (We) (Name) `.Thomas A. Vick(c/o Richard ' Dicl.) _-i— -- (Phone) SS40-662-IZ87 (Address) I6UU A�i�llwood Pike, F';tnchester, \�' �� J�602 the O'MICr(s) of all those tracts or parcels of land (°Property") conveyed to ~~~ Clerk's Office of ne Circuit Court of tze Colin �, � me, (us), by deed rccor ded in the County of Frederick, b iroinia, by lnstnnnent Number 040011820 and is described as Parcels; 83A, 8 , 87, S7A r,ot:__Block: A Tax-Map/Section: 64 Subdivkzon: do hereby ntake, constitute and appoint: (Name) Patton_ Harris Rusf &^associates oc (Phone)_ 540-667.-2139 (Address) 1,17 E. Pircadil1' 5n•eet. Suite 200. ' Vinchester, Virizinia 22601 And _. (Name (Address) To act as ni-y ;rue and lawful a,torney-in-fa;:t 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 _ Rezoning (including proffers) _ C'anditional Use Permits X Master Development Plan (Freliminury and Final) — Subdivision — _ Site Plan My attorney ceptct shall Aare the authority to offer proffered condition acid to rnalca aniendrnents to previously approved proffered conditions except as Folios s: 7'liis aethorizationall expire one year fro», the day it is signed, or until it is otherwise rescinded or modified. ~—� In witness tl;jW__ of. 1 Signs and seal this 2q day ofO 2005 .No. — 1 Stale of Virginia, City/County of ahyz1.p� �� � � 1 �� 1 -a Notary Public in and for the jurisdiction aforesaid, certify that the person(r) who signed to die foregoing instrument personally appeared b ore n e and has achow)edged the same before me hi the jurisdiction aforesaid This • %�"l —day of ( �{ 2005 Notaryy Pavil_c ""fy Commission Expires: -D i)� rotary Public — - -l_ 1 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) Constance L. Tjoumas (c/o Gregory Coverstone) (Phone) 540-662-3149 (Address) 334 Highbanks Road, Winchester, Virginia, 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Temak, PC (Phone) 703-680-4664 (Address) Glen Park I, 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my hue and lawfiil 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 plamning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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, J. w, e) have hereto set my (ouy)-lrpnd and sealnthis = C) day of , 2005 , Signature(s State of Virginia, City/(Qt of �� k,'n ,To -wit: C fP \, q C-(1L)-exs -IOIAQ, I, f boa r ks'o\ �nG(ti (SCiY1 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 'Zn_dayy of C0 ,, ��20''05 My Comm—1ission Expires: I PPFA ` cXJ t Notary Public • • 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) Cynthia Ann Pappas (c/o Gregory L. Coverstone) (Phone) 540-662-3149 (Address) 334 Highbanks Road Winchester, Virginia, 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, P.C. (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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(wg) have hereto set mx ir) hand anyteal this day of , 2005 Signature(s State of Virginia, City/ untyof t �(��l�S"�� To -wit: CC r(-Oof f I,\()1CAy 17SC',� cockcy��Cr- a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 7_ day ofPACz�-, 2005. QI 1 y � OR AizLffim'L(„s � _My Commission Expires: \ � rA� Notary Public 0 0 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) Gregory L. Coverstone (Phone) 540-662-31 (Address) 334 Highbanks Road, Winchester, Virginia, 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, P.C. (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my hue 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) _ Subdivision 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 frwp) have hereto set in (our),hlnd and seal t4s 00 day of B 2005 Signature( State of Virginia, City/Cojntj of To-wit:C`-7(,-CQC�J roue SIC;�ZC I, "(, 0 )Ok (l r I a rC 1 S�'�� a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this '! G dayof � aV , 2005 �4)' IORRPAb GJM-D_n My Commission Expires: IQDV_t 1 Notary Public 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) Ellen, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St. 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pe (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway Suite 300 Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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. f / In witness thereof, I (we) have hereto set my (our) hand and seal this 2'7 * day of it ITV , 2005 Signature(s) J• c -Lij State of Virginia, City/County of mil_ 11/ ,To-wit:� )nh 6� 71� %S�/�) I, Noun­z& MCC6 S or_ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me �andd has acknowledged the same before mein the jurisdiction aforesaid this 2y day of MaU , 2005 My Commission Expires: �� I G 1200-7 Notary Public • 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) MDC Three, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, PC (Phone) 703-680-4664 (Address) Glen Park 14310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my hue 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) _ Subdivision 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. c ` MCO In witness thereof, I (we) have hereto set my (our) hand and seal this 2 �l day of, 2005 Signature(s) ^�, State of Virgi ia, City/Countyof W 1�liTLils ,To-witJoh n 67, ?vg- I, Mark CX MQrC� S Cr_-I ,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument perso ally appeared b ore e and has acknowledged the same before me in the jurisdiction aforesaid this Z '� day of , 2"005 My Commission Expires:' w l Notary Public 0 0 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) Susan Sanders, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200, Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my hue and lawfinl 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) _ Subdivision 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. 17(.1-61 In witness thereof, I (we) have hereto set my (our) hand and seal this G- I day of aV, 2005 Signature(s) State of VirsL, City/County of W irchn*t- ,To-wit:\,AC'1hr) G. ]�Lr5�6)' I, 1 1 1 nh wx Ci I oral Si ' a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 2y� day of 9' 2005 (l%1 pmon&, ' D My Commission Expires: 00 ri,1 Vy ( zQc-� Notary Public 0 41 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) LCR, LLC (c/o Linda C. Russell) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200, Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, PC (Phone) 703-680-4664 (Address) Glen Park I 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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. .7 r /-1f1 In witness thereof, I (we) have hereto set my (our) hand and seal this day oft'bGlq , 2005 State of Virginia, City/County of U) i iiC siey To -wit: L nda L6,<.e I 1 1,(M QnSQ, A -)Or r kk ia-, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b f re me and has acknowledged the same before me in the jurisdiction aforesaid this 2y day of Q� , 2005 My Commission Expires: 30 i Notary Public • c� 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) JGR Three, LLC (c/o John G. Russell III) (Phone) 540-662-1287 (Address) 1600 Millwood Pike, Winchester, Virginia, 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Sheet, Suite 200, Winchester, Virginia 22601 And (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak, PC (Phone) 703-680-4664 (Address) Glen Park I, 4310 Prince William Parkway, Suite 300, Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file plauming applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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 n�l�, 2005 Signature(s State of V41ginia, City/Countyof w t ocC n ,To -wit: j oh n G . u5sejlj 1I- I,� otriy�0(Y-� %Gr- a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b ore u Ie and has acknowledged the same before me in the jurisdiction aforesaid this 2 day of, 2005 My Commission Expires: Notary Public REZONING APPLICATION #11-05 CARPERS VALLEY Staff Report for the Board of Supervisors Prepared: September 6, 2005 Staff Contact: Eric R. Lawrence, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 07/20/05 Action Recommended Approval with Proffers and Conditions Board of Supervisors: 08/10/05 Postponed at Applicant's Request 09/14/05 Pending PROPOSAL: To rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses. 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 Springs Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A PROPERTY ZONING & USE: Zoned: (Rural Areas) District Use: Golf Course/Club/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP(Residential Performance) South: Zoned RA (Rural Areas) East: Zoned M1 (Light Industrial) and MH1 (Mobile Home Community) West: Zoned RA (Rural Areas) and B2 (Business General) Use: Single Family Residential Use: Regional Airport Use: Industrial and Residential Use: Regional Airport and Office PROPOSED USES: 785 Residential units and a 143 acre Employment Center 0 0 Rezoning #11-05, Carpers Valley September 6, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The sentence "Coverstone shall be completed in accordance with the foregoing road phasing schedule" was suddenly added, which would seem to indicate that regardless if the GSA moves in, Coverstone will only be developed as 2 lanes after 451 dwellings, etc. The whole point of this section was to assure that Coverstone would be fully constructed to serve GSA traffic; please remove this sentence to restore the intent of the section. I understand that there is a new TIA that reflects the lack of a connection to Arbor Ct. Please provide a copy at your earliest convenience. Similarly, although we were told that the right-of-way connection to Prince Frederick was "in the bag", we still have no indication that this has been acquired. We either need some assurance that you've got the right-of-way, or prove (via TIA) that it's not necessary (and lose the eminent domain section, since there's no longer a point in it being there). (E-mail from Scott Alexander of VDOT to Chuck Maddox, dated July 1, 2005.) Fire Marshal: Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Fire hydrants shall be set at three feet from the curb. Access requirements shall meet the minimum requirements ofNFPA 1 141. Plan approval recommended. Public Works Department: See letter from Ed Sti-awsnyder dated Jame 27, 2005 Frederick County Dept. of Inspections: No comment required at this time. Will cornment at the time of site plan and subdivision review. Frederick -Winchester Service Authority: Considering the size and multi -use of the property, it is extremely hard to evaluate the impact with the limited amount of information provided. The applicant makes claims of capacity without any projections being provided. I would estimate that a project of this size could generate between 300,000 and 420,000 gallons per day. I believe that this flow will by-pass the Abrams Creels Interceptor and be delivered to the Opequon Water Reclamation Facility through a proposed regional pumping station. Based on already committed flows to the Opequon facility and pending final regulations regarding nutrient discharge limits or caps, capacity at OWRF may be limited. At present without major upgrading of the treatment process and assignment of sufficient nutrient loads to provide for an expanded facility capacity, availability is questionable. Sanitation Authority: 1st review -No comment. Department of Parks & Recreation: The Master Development Plan references a tail system, community pool and clubhouse. However, the development should meet all open space and recreational unit ordinances as required by the county. The monetary proffer would appear to be acceptable to offset the impact of the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 500 town houses and 500 multi -family units will yield 65 high school students, 80 middle school students and 230 elementary school students for a total of 385 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having 0 0 Rezoning #11-05, Carpers Valley September 6, 2005 Page 3 student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Winchester Regional Airport: See letter from Serena R. Manuel, Executive Director, dated July 18, 2005; letter to Renny Manuel from Randall P. Burdette, Director, Virginia Department of Aviation, dated July 11, 2005; two letters to Renny Manuel from Joseph B. Delia, Airport Engineer of Washington Airports District Office, dated July 1, 2005 and July 10, 2002. Frederick County Attorney: See letter from Robert T. Mitchell, Jr., Esquire, dated July-1-1, 2005 Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, 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 any core battlefields that this proposed rezoning would directly impact. 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 property and all other A-1 and A-2 zoned land to the RA District. 2) Location The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from the Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT fiinctional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. 0 • Rezoning #11-05, Carpers Valley September 6, 2005 Page 4 3) Intended Use The applicant proposes the development of a mixed use project; a residential and employment center. The project would be anchored by roughly 143 acres of commercial uses, initially reserved for the development of federal government facilities. These commercial uses would be complemented by moderate to high density residential uses. Through the proffer statement, the project would be limited to 785 residential units. Staff Comment: The applicant has utilized the R-4 District designation in an effort to maximum residential development opportunities while also providing for significant non- residential uses. While R-4 is intended for a planned community, this project is not unlike a traditional RP and Commercial/Industrial rezoning application, where the uses are clearly separate from one another. 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 cominunity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (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 Plan indicates that this planned land use designation is appropriate given the proximity of the area to the Winchester Regional Airport and the Interstate 81 interchange and the conduciveness of such locations to non-residential development. (Comprehensive Policy Plan, p. 6-19, 6-21) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of fixture airport expansion. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive Policy Plan, p. 6-61, 6-63) Adopted economic policies stipulate that a business climate must be supported in Frederick County that is conducive to economic activity and orderly economic growth. Critical to the attainment of this goal is effective land use planning. Diverse locations for business and industry must be identified that are capable of accommodating the access and infrastructure needs of such uses while simultaneously ensuring their functional and aesthetic compatibility 0 Rezoning #11-05, Carpers Valley September 6, 2005 Page 5 with surrounding uses. (Comprehensive Policy Plan, p. 4-1, 4-4, 4-5) The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east -west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north -south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6-19,6-21) • Planning Staff Comment: While the Comprehensive Policy Plan clearly indicates future uses on the subject parcels to be business and office uses, the applicant suggests that there could be an opportunity to provide for transitional residential uses to the existing Single Family (The Ravens) to the north. Transitional residential uses might include moderate density housing (attached single family and multi family), which would lessen conflicts and impacts associated with locating detached single family uses adjacent to non-residential uses. Ifsuch transitional residential uses are to be considered, all efforts must be made to distance the residential uses from the airport property. The Zoning Ordinance states that the residential density in the R-4 Zoning District shall not exceed a gross density of 4 units per acre. The subject proposal would enable 785 residential dwellings to be constructed on 115 acres, which results in a net density of 6.8 units per acre. 5) Site Suitability/Environment The subject parcels contain a variety of environmental features to include areas of flood plain, wetlands, steep slopes, and woodlands. A. 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 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. B. Wetlands: The site includes four identified wetland features, all of which are man-made ponds associated with the existing golf course use. 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, Rezoning #11-05, Carpers Valley September 6, 2005 Page 6 and/or the placement of utilities and roads. It is noted that the identified wetland areas may be preserved through their use as project design features. Such issues may be adequately addressed during the Master Development Plan process. C. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcels fall under the Weikel - 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. Steep slopes (areas of 25% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulfur Spring Run. The applicants are proposing some disturbance of these areas to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or regrading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. The site engineering process associated with subsequent land development applications must address the steep slope conditions on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. D. Woodlands: The ravine areas present on the site also contain the majority of identified woodland resources. As the location of the woodland areas generally corresponds with steep slope areas, it is reasonable to expect the preservation of substantial portions of identified woodlands to maintain natural stabilization of the protected slopes. The applicants propose such preservation, but also note that some disturbance will occur to create buildable lots and to implement proffered transportation improvements and the stormwater management system. The site engineering process associated with subsequent land development applications must address woodland resources on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. 6) Potential Impacts A. Transportation The applicant has stated that the Carpers Valley project will be served by a multi -model transportation network designed to safely and efficiently accommodate automobile, bicycle and Rezoning 911-05, Carpers Valley September 6, 2005 Page 7 pedestrian traffic. The transportation improvement program proffered will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide with the introduction of land uses on the site, as specified by proffer. Access to the subject parcels would be a single entrance on Route 50 at Sulfur Springs Road, and an entrance onto Prince Frederick Drive. These two entrance points would be linked by a major collector road ("Coverstone Drive"), with a hiker/biker trail running parallel. The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development program: • Residential : 487 multi -family units and 263 townhouses (750 dwelling units) • Office: 1,200,000 square feet (Scenario #1 — office and residential) • Retail: 620,000 square feet (Scenario #2 — retail and residential) Using traffic generation figures from the ITE Trip Generation Manual, 6`'' Edition, the applicant projects traffic impacts for the development in terms of two phases that correspond with years 2008 and 2010. For the purposes of this TIA, 2010 represents when build out will occur. Two scenarios have been modeled to reflect the potential use of the property for office and/or retail. The TIA indicates that at project build out, the planned uses will result in the generation of 14,405 ADT (Scenario #1) and 27,598 ADT (Scenario #2). The infrastructure policies of the Comprehensive Policy Plan stipulate that new development should only occur if roads adjacent to and within new development will function at Level of Service (LOS) Category "C" or better. In each scenario, the applicant has proffered to implement the necessary improvements to maintain LOS C at the key identified intersections scoped in the TIA. The intersections studied include: Route 50 at Prince Frederick Drive; Prince Frederick Drive at Costello Drive; Prince Frederick Drive at future Coverstone Drive; Route 50 at future Coverstone Drive/Sulfur Spring Road; and Route 50 at Victory Road. The proffered improvements include: signalization and lane enhancements. In addition to the intersection improvements, the applicant has proffered to construct a 4-lane raised median major collector road ("Coverstone Drive"), linking Sulfur Springs Road to Prince Frederick Drive through the subject parcels, implementing a planned collector road. The applicant has also proffered monetary contributions to extend Coverstone Drive west to intersect with a future realigned Route 522, if and when the necessary right-of-way is available. The applicant has proffered to eliminate the existing median crossover on Millwood Pike at the Carpers Valley Golf Course entrance and to establish no new connections to Route 50 other than the extension of Sulfur Spring Road onto the subject parcels — such extension would be called Coverstone Drive. • Staff comments and issues. - The applicant has not secured all the necessary right-of-ways to facilitate the TIA identified Rezoning #11-05, Carpers Valley September 6, 2005 Page 8 road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off -site right-of-way required for the completion of road improvements, the road improvements would not be required of the applicant, unless governmental authority ("their powers of eminent domain') is implemented to secure the necessary right-of-way. Failure to secure the right-of-way will significantly impact the TL4 results and LOS. Pursuant to adopted transportation policy, roads located adjacent to and within new development are expected to operate at no less than a Level of Service "C" (Comprehensive Policy Plan, p. 7-5). As noted above, the transportation improvements proffered by the applicants achieve this standard with each phase of development, if the necessary right-of-way is secured by the applicant. B. Sewer and Water The applicant states that the existing golf course use is 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 and enable gravity flow to the existing main. The ultimate sewage conveyance impact at project build -out is projected to be 302,500 gallons per day (GPD). The applicant notes that a 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. The applicants report that FCSA has indicated that sufficient water capacity exists to serve the project. C. Historic Resources As reported by the applicants, 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 Vir inia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. D. Community Facilities The Frederick County Capital Facilities Fiscal Impact Model projects a net positive fiscal impact from the project at project build -out. Failure to phase in the non-residential land uses could result in a negative fiscal impact as the fiscal benefits of the non-residential land uses would not be realized. As such, the applicant has proffered a monetary contribution of $2,637 per residential unit to mitigate the potential negative fiscal impacts. • Staff comments and issues. - This mixed use project, at build -out, could provide for a net positive capital facilities fiscal impact to the County. If the non-residential phase of the project does not materialize, and the Rezoning #11-05, Carpers Valley September 6, 2005 Page 9 project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. E. Permitted Uses The zoning ordinance permits various uses within the R-4 Zoning District. The applicant has proposed the development of residential and non-residential areas. A Design and Development Standards manual has been proffered which introduces various housing types which would be unique to this project: stacked townhouses and 24-unit condominium and apartment buildings are just a sampling of the new housing options. The R-4 Zoning District also permits the various non-residential uses associated with the B 1, B2, B3, and M1 zoning districts. While the intent of this application is to promote the site as an employment center, with aspects of office and commercial uses, the application does not prohibit the possibility of introducing industrial uses to the area. Staff comment and issues: The R-4 District provides maximum flexibility intended to offer the developer an opportunity to design a unique community. Sans creativity, the R-4 District is not unlike the traditional RP, Bs, and Ms districts where all uses in the underlying zoning district are permitted. The applicant is encouraged to consider establishing prohibitions of such uses that are not appropriate nor intended for this residential and office project. 5) Proffer Statement — Dated June 24, 2005, revised July 6, 2005 It is noted that the proffer statement for Carpers Valley is extensive, involving proffered conditions which includes a design manual and three modification requests. The proffer statement is fundamentally dependant upon the regulatory flexibility sought through the modification document. The design manual introduces new housing types, such as significantly larger apartment buildings, and stacked townhouses. Given the importance of these requests to the applicant's proffer statement and, therefore, the overall rezoning proposal, staff has provided a detailed discussion concerning each request. Modifications Request — included within the Desil4n and Development Standards manual 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 three modifications to certain provisions of the Frederick County Code. Modification 41 - § 165-68. Rezoning Procedure The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The master development plan review Rezoning #11-05, Carpers Valley September 6, 2005 Page 10 procedures must be completed concurrently with the consideration of the rezoning, and must be included as part of the rezoning application. The applicant is requesting modification of this request to allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning instead of the complete MDP. The GDP would identify the relationship of the project site to the surrounding transportation network and adjoining land uses. Moreover, the GDP would provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or non-residential land uses. The applicant would submit the MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development would be provided If Modification #1 is approved, a proffered Generalized Development Plan (GDP) will be processed with this application instead of a detailed Master Development Plan (MDP). MDP submission would follow rezoning approval pursuant to the application sequence typical for development in other zoning districts as outlined by the Zoning Ordinance. Planning Staff Comment: The applicant has included a proffered Generalized Development Plan (GDP) with this application and is seeking the requested modification pursuant to discussions with staff. The level of detail required with a complete Master Development Plan (MDP) is difficult to provide with a rezoning application when considering a project of the scope and scale of Carpers Valley, especially when the potential federal facility is considered. A proffered GDP will effectively represent the overall development concept and can sufficiently guide the implementation of proffered conditions via subsequent development applications. • Modification #2 - 165-71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrilun 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. If Modification #2 is approved, the project housing type mix will not be regulated by ordinance nor proffered conditions. This will provide the applicant the greatest flexibility to design and develop the housing types most appropriate for the market. Rezoning #11-05, Carpers Valley September 6, 2005 Page 11 Planning Staff Comment: The current requirement of § 165-71 ensures that single family detached dwellings will comprise a minimum of 60% of the residential land area in a planned residential community. As proposed by the applicant, the entire residential site could be developed into the highest density residential housing type enabled by the zoning ordinance (16 units per building garden apartments at 10 units per acre). The proffer statement limits the use of the 24-units per -building multi family unit described in the proffered Design and Development Standard manual to occupy no more than 50 percent of the total market rate housing units • Modification 93 - & 165-72.D. Commercial and Industrial The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure (i.e., retail on first floor, residential on 2nd and 3rd floors). 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. If Modification #3 is approved, the applicant will be permitted to expand the commercial development to occupy up to 60% of the project area; industrial uses would continue to be limited to 50% of the project. Proffered Conditions dated June 24, 2005 and revised July 6, 2005 The following is a brief summation of the proffered conditions included with the application. 1) Land Use a) Establishes that market rate housing shall not exceed 750 dwelling units. b) Establishes that the 24-unit-per-building multi -family housing type will not exceed more than 50% of the total dwelling units. (Staff note: proffer does not limit the use of the traditional garden apartment on more than 50% of the site, which is enabled by Mollification #2) 2) Workforce Housing a) Establishes the ability to develop up to 35 residential units for sale to families with household incomes below the median income of the County. (Staff note: proffer does not guarantee that any workforce housing will be built) Rezoning #11-05, Carpers Valley September 6, 2005 Page 12 3) Reservation of Land for public use a) Identifies and reserves ( for up to 2 years) land for acquisition for federal b) government use c) Identifies and reserves (for up to 8 years) land for acquisition by the Airport. d) Identifies and dedicates approximately 10 acres for use as a National Guard Armory 4) Phasing of the Development a) Provides for limitation on the issuance of residential building permits. Year 2 - 100 permits. Year 3 - 128 permits. Year 4 — 240 permits Year 5 - 185 permits Year 6 - 132 permits (Staff note: the applicant also provides for the annual accumulation of permits, which could result in all 785 residential units being built in year 6) 5) Provides for enhance recreation amenities with a community center, pool, and dog park. These amenities would be constructed by the end of the 4"' year of development. 6) Provides for hiker/biker trail adjacent to the planned major collector road. 7) Provides for a per residential unit $2,637 monetary contribution to lessen projected impacts on capital facilities (Staff note: If the non-residential phase of the project does not materialize, and the project is built solely as a 750 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. 8) Provides for transportation improvements such as: a) Tree -line 4-lane raised median major collector road connecting the Sulfur Springs Road/Route 50 intersection with a future intersection with Prince Frederick Drive. (Staff note: the tree lined street is in lieu of the County required Road Efficiency Buffer) b) No connections to Millwood Pike (Route 50) other than at the Sulfur Springs Road intersection. c) Traffic signal improvements at Sulfur Springs and Route 50; Costello and Prince Frederick Drives; and Victory Lane and Millwood Pike (Route 50) d) Future TIA and improvements to reflect changing uses of the property. STAFF CONCLUSIONS FOR 07/20/05 PLANNING COMMISSION MEETING: This application is a request to rezone approximately 281.5 acres of RA -zoned property to the R4 District to facilitate development of a mixed use development consisting of 785 dwelling units and 143 acres of business and office use opportunities. The Comprehensive Policy Plan specifically addresses the planned land use of the subject parcels through the policies adopted with the Route 50 East Corridor Land Use Plan. These policies recommend the establishment of business and office 0 • Rezoning #11-05, Carpers Valley September 6, 2005 Page 13 uses on the parcels. The requested rezoning suggests that an employment center and transitional residential uses are an appropriate use for the site based on the site's proximity to the Airport, the Prince Frederick Office Park, and adjoining single family uses. The R-4 Zoning District is intended to facilitate a planned unit development, where uses are interspersed, and retail and residential uses intermingle. The Carpers Valley application is more similar to a B2 and RP request, then a planned unit development. Yet, the proposal certainly attempts to create a compatible product in a key developing corridor of the County. Addressing the various agency concerns and issues is the responsibility of the applicant; VDOT and Airport Authority have yet to offer support of the application. The applicant should be prepared to address these agency issues, Planning staff comments, as well as all comments offered by the Planning Commission. In addition, the Plamzing Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1) The Commission providing concurrence with VDOT that the transportation proffers offered with the rezoning application are satisfactory. 2) The Applicant's satisfaction of all comments offered by the County Attorney. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/20/05 MEETING: The following airport representatives were present to speak with the Commission: Mr. Mark K. Flynn, Legal Counsel for the Winchester Regional Airport Authority; Mr. John Longnaker, engineer with Delta Airport Consultants; Serena R. Manuel, Executive Director of the Winchester Regional Airport; Mr. Joe Delia, The Federal Aviation Administration's Project Engineer for the Winchester Regional Airport; and Mr. Randal P. Burdette, Director of the Virginia Department of Aviation. The primary concerns raised by airport representatives included: opposition to the R4 Zoning designation due to its inclusion of residential units and opposition to any rezoning request that would include dense housing within the Airport Support Area; concern that continued residential encroachment would impact the viability and future expansion of the airport and, eventually, it would have an affect on the airport's funding from the FAA and the VDOA; the inability of the airport to accept the applicant's offer to purchase the reserved acreage to the north because of development priorities on the south side of the runway that will require considerable funding from the FAA/VDOA; if acreage to the north was purchased within the eight -year time frame, it would require local funding (Frederick Co. and City of Winchester); regarding the Coverstone Drive extension, the Rt. 522 realignment has not received FAA/VDOA approval; the realignment of Rt. 522 is contingent on surveys and elevations yet to be conducted and must not interfere with the airport's approach surfaces. Regarding the public safety building, the airport has earmarked a five -acre site for a public safety building, however, an agreement has not been finalized, a site plan has not been reviewed, nor has a lease been negotiated. If a lease is negotiated with Frederick County, the airport would retain ownership of the land and it would not convey to Frederick County. There were also concerns regarding the public safety building's 60-foot right-of-way through the Rezoning #11-05, Carpels Valley September 6, 2005 Page 14 airport's property. Three citizens spoke in opposition to the rezoning request; their opposition was based on their view that residential use was not compatible with the airport. They were concerned that residential encroaclunent would affect the airport's viability and lead to its closing; they were concerned about safety for the residences that would be constructed. One citizen, a partner in the adjacent Blue Ridge Industries, spoke in favor of the rezoning. He rebuked statements that the airport was unsafe for adjacent residential use and asked if having employees work in the adjacent commercial buildings would also be considered unsafe. He considered the offer made by the applicant to reserve the acreage for eight years as a tremendous value to the airport; he remarked that if corporate business was unwilling to step forward to sign leases to fund the purchase of the acreage, or if the FAA/VDOA didn't consider it a priority, then perhaps the land was not really needed. He also expressed disappointment that the Airport Authority would hold 6,000 square feet hostage to the local land transportation needs. The applicant believed their proposal had met the County's goal for land planning adjacent to the airport. The applicant expressed the desire to negotiate with the airport; however, they believed that until a decision was made on the land use issue, negotiations could not go forward. Discussion and comments by the Planning Commission included: The plan presented was good and much improved over the previously -submitted plan; the plan presented the opportunity for growth inside the UDA, as opposed to the rural areas; it may not be appropriate to place housing on land planned for business/office use; no concrete determination has been made by the airport on an acceptable distance for dwelling units from the runway; distance of dwelling units from the runway does not in itself affect funding from the FAA/VDOA; the best use for this area is commercial; the plan presented the opportunity for affordable housing; and, a significant amount of cooperation between the developer and airport was needed to make the project work and would result in a win -win situation for both parties, in addition to the County. One commissioner remarked that if tenants would choose not to come in the second and third land bays, he would not be in favor of putting more housing within those bays. Some of the commission members were not in favor of residential housing near the airport because of its potential impact to the viability of the airport and for safety reasons; one commissioner preferred to see the County's UDA and RA studies completed before approving the rezoning; a member cited insufficient data on the quality/quantity of available water and possible DEQ limitations on discharging into waterways that empty into the Chesapeake Bay. A majority of the members of the Commission were in support of the overall plan for rezoning and believed it was appropriate for this location and the timing was right. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers and conditions discussed, as well as the three proposed modifications requested by the applicant, as follows: 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.) • Rezoning #11-05, Carpers Valley September 6, 2005 Page 15 2) Modification #2: Allowance of a Mixture of Housing (townhouses) and multi -family dwellings (apartments) wot 3) Modification #3: Allowance of a Maximum of 60% of T Commercial Purposes. The majority vote was as follows: YES (TO REC. APPROVAL): Manuel, Triplett, Kriz, Oui NO: Watt, Gochenour, Straub ABSTAIN: DeHaven, Wilmot (Note: Commissioners Unger, Morris, and Light were absent fron REZONING APPLICATION #11-05 CARPERS VALLEY Staff Report for the Board of Supervisors Prepared: August 1, 2005 Staff Contact: Eric R. Lawrence, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Planning Commission: Board of Supervisors: Action Recommended Approval with Proffers and Conditions Pending PROPOSAL: To rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for Residential and Commercial Uses. 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 Springs Road (Route 655) and The Ravens Subdivision. MAGISTERIAL DISTRICT: PROPERTY ID NUMBERS: 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A PROPERTY ZONING & USE: Zoned: (Rural Areas) District Use: Golf Course/Club/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP(Residential Performance) Use: Single Family Residential Zoned RA (Rural Areas) Use: Regional Airport Zoned M1 (Light Industrial) and Use: Industrial and Residential MI-I1 (Mobile IIome Community) Zoned RA (Rural Areas) and Use: Regional Airport and Office 132 (Business General) PROPOSED USES: 785 Residential units and a 143 acre Employment Center 0 0 Rezoning #11-05, Carpers Valley August 1, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The sentence "Coverstone shall be completed in accordance with the foregoing road phasing schedule" was suddenly added, which would seem to indicate that regardless if the GSA moves in, Coverstone will only be developed as 2 lanes after 451 dwellings, etc. The whole point of this section was to assure that Coverstone would be fully constructed to serve GSA traffic; please remove this sentence to restore the intent of the section. I understand that there is a new TIA that reflects the lack of a connection to Arbor Ct. Please provide a copy at your earliest convenience. Similarly, although we were told that the right-of-way connection to Prince Frederick was "in the bag", we still have in indication that this has been acquired. We either need some assurance that you've got the right-of-way, or prove (via TIA) that it's not necessary (and lose the eminent domain section, since there's no longer a point in it being there). (E-mail from Scott Alexander of VDOT to Chuck Illladdox, dated Judy 1, 2005.) Fire Marshal: Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Fire hydrants shall be set at three feet from the curb. Access requirements shall meet the minimum requirements of NFPA 1 141. Plan approval recommended. Public Works Department: See letter fi-oiii Ed Straivsiiyder dated Jcnze 27, 2005 Frederick County Dept. of Inspections: No comment required at this time. Will comment at the time of site plan and subdivision review. Frederick -Winchester Service Authority: Considering the size and multi -use of the property, it is extremely hard to evaluate the impact with the limited amount of information provided. The applicant makes claims of capacity without any projections being provided. I would estimate that a project of this size could generate between 300,000 and 420,000 gallons per day. I believe that this flow will by-pass the Abrams Creek Interceptor and be delivered to the Opequon Water Reclamation Facility through a proposed regional pumping station. Based on already committed flows to the Opequon facility and pending final regulations regarding nutrient discharge limits or caps, capacity at OWRF may be limited. At present without major upgrading of the treatment process and assigiunent of sufficient nutrient loads to provide for an expanded facility capacity, availability is questionable. Sanitation Authority: 1" review - No comment. Department of Parks & Recreation: The Master Development Plan references a trail system, community pool and clubhouse. However, the development should meet all open space and recreational unit ordinances as required by the county. The monetary proffer would appear to be acceptable to offset the impact of the development. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 500 town houses and 500 multi -family units will yield 65 high school students, 80 middle school students and 230 elementary school students for a total of 385 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having 9 • Rezoning #11-05, Carpels Valley August 1, 2005 Page 3 student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Winchester Regional Airport: See letter from Serena R. Manuel, Executive Director, dated July 18, 2005; letter to Renny Manuel fi-onz Randall P. Burdette, Director, Virginia Department of Aviation, dated July 11, 2005; two letters to Renny Manuel from Joseph B. Delia, Airport Engineer of Washington Airports District Office, dated July 1, 2005 and July 10, 2002. Frederick County Attorney: See letter ftom Robert T. Mitchell, Jr., Esquire, dated July 11, 2005 Historic Resources Advisory Board: Upon review of the property rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, 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 any core battlefields that this proposed rezoning would directly impact. Planninjz & Zoninjz: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-1 (Residential Limited). The parcels were re-rnapped from R- 1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1-80), which was adopted on October 8, 1980. Tile 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 property and all other A-1 and A-2 zoned land to the RA District. 2) Location The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from the Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. • 0 Rezoning #11-05, Carpels Valley August 1, 2005 Page 4 3) Intended Use The applicant proposes the development of a mixed use project; a residential and employment center. The project would be anchored by roughly 143 acres of commercial uses, initially reserved for the development of federal government facilities. These commercial uses would be complemented by moderate to high density residential uses. Through the proffer statement, the project would be limited to 785 residential units. Staff Connnent: The applicant has utilized the R-4 District designation in an effort to naxin un residential development opportunities 1-vhile also providing for significant non- residential uses. While R-4 is intended for a planned conununity, this project is not unlike a traditional RP and Commercial/Industrial rezoning application, 1vhere the uses are clearly separate fi-on one another. Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] The six properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (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 Plan indicates that this planned land use designation is appropriate given the proximity of the area to the Winchester Regional Airport and the Interstate 81 interchange and the conduciveness of such locations to non-residential development. (Comprehensive Policy Plan, p. 6-19, 6-21) The subject parcels are also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive Policy Plan, p. 6-61, 6-63) Adopted economic policies stipulate that a business climate must be supported in Frederick County that is conducive to economic activity and orderly economic growth. Critical to the attainment of this goal is effective land use planning. Diverse locations for business and industry must be identified that are capable of accommodating the access and infrastructure needs of such uses while simultaneously ensuring their functional and aesthetic compatibility • Rezoning #11-05, Carpers Valley August 1, 2005 Page 5 with surrounding uses. (Comprehensive Policy Plan, p. 4-1, 4-4, 4-5) The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east -west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north -south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6-19,6-21) Planning Slqff Convnent: While the Comprehensive Policy Plan clearly indicates.filture uses on the subjectparcels to be business and office uses, the applicant suggests that there could be an opportunity to provide for transitional residential uses to the existing Single Fainily (The Ravens) to the north. Transitional residential uses might include moderate density housing (attached single,family and multi -family), tii Mich would lessen conflicts Cil1d 1171pC1CIS CISSOCIClIC'd Yi lII1 locating detached single family uses adjacent to non-residential uses. Ifs•uch transitional residential uses are to be considered, all efforts must be made to distance the residential uses fi•on1 the airport property. The Zoning Ordinance states that the residential density in the R-4 Zoning District shall not exceed a gross density of 4 units per acre. The subject proposal ivould enable 785 residential dwellings to be constructed on 115 acres, which results in a net density of 6.8 units per acre. 5) Site Suitability/Environment The subject parcels contain a variety of environmental features to include areas of flood plain, wetlands, steep slopes, and woodlands. A. 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 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. B. Wetlands: The si to includes four identified wetland features, all of which are man-made ponds associated with the existing golf course use. 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, Rezoning # 11-05, Carpers Valley August 1, 2005 Page 6 and/or the placement of utilities and roads. It is noted that the identified wetland areas may be preserved through their use as project design features. Such issues may be adequately addressed during the Master Development Plan process. C. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As reported by the applicant, map sheet #36 of the Soil Survey reveals that the site is comprised of nine distinct soil types. With the exception of a pit area containing fill materials, all of the soil types identified on the site are suitable for development. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Steep slopes (areas of 25% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulfur Spring Run. The applicants are proposing some disturbance of these areas to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or regrading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. The site engineering process associated with subsequent land development applications must address the steep slope conditions on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. D. Woodlands: The ravine areas present on the site also contain the majority of identified woodland resources. As the location of the woodland areas generally corresponds with steep slope areas, it is reasonable to expect the preservation of substantial portions of identified woodlands to maintain natural stabilization of the protected slopes. The applicants propose such preservation, but also note that some disturbance will occur to create buildable lots and to implement proffered transportation improvements and the stormwater management system. The site engineering process associated with subsequent land development applications must address woodland resources on the site and demonstrate that disturbance levels conform with applicable Zoning Ordinance requirements. 6) Potential Impacts A. Transportation The applicant has stated that the Carpers Valley project will be served by a multi -model transportation network designed to safely and efficiently accommodate automobile, bicycle and Rezoning #11-05, Carpers Valley August 1, 2005 Page 7 pedestrian traffic. The transportation improvement program proffered will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide with the introduction of land uses on the site, as specified by proffer. Access to the subject parcels would be a single entrance on Route 50 at Sulfur Springs Road, and an entrance onto Prince Frederick Drive. These two entrance points would be linked by a major collector road ("Coverstone Drive"), with a hiker/biker trail running parallel. The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development program: • Residential : 487 multi -family units and 263 townhouses (750 dwelling units) Office: 1,200,000 square feet (Scenario #1 — office and residential) Retail: 620,000 square feet (Scenario #2 — retail and residential) Using traffic generation figures from the ITE Trip Generation Manual, 6°i Edition, the applicant projects traffic impacts for the development in terms of two phases that correspond with years 2008 and 2010. For the purposes of this TIA, 2010 represents when build out will occur. Two scenarios have been modeled to reflect the potential use of the property for office and/or retail. The TIA indicates that at project build out, the planned uses will result in the generation of 14,405 ADT (Scenario #1) and 27,598 ADT (Scenario #2). The infrastructure policies of the Comprehensive Policy Plan stipulate that new development should only occur if roads adjacent to and within new development will function at Level of Service (LOS) Category "C" or better. In each scenario, the applicant has proffered to implement the necessary improvements to maintain LOS C at the key identified intersections scoped in the TIA. The intersections studied include: Route 50 at Prince Frederick Drive; Prince Frederick Drive at Costello Drive; Prince Frederick Drive at fixture Coverstone Drive; Route 50 at fixture Coverstone Drive/Sulfuxr Spring Road; and Route 50 at Victory Road. The proffered improvements include: signalization and lane enhancements. In addition to the intersection improvements, the applicant has proffered to construct a 4-lane raised median major collector road ("Coverstone Drive"), linking Sulfur Springs Road to Prince Frederick Drive through the subject parcels, implementing a planned collector road. The applicant has also proffered monetary contributions to extend Coverstone Drive west to intersect with a fixture realigned Route 522, if and when the necessary right-of-way is available. The applicant has proffered to eliminate the existing median crossover on Millwood Pike at the Carpers Valley Golf Course entrance and to establish no new connections to Route 50 other than the extension of Sulfur Spring Road onto the subject parcels — such extension would be called Coverstone Drive. Staff cOimnents and lsslles: The applicant has not secured all the necessary right -of -mays to facililale the T111 identified 0 • Rezoning #11-05, Carpers Valley August 1, 2005 Page 8 road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off -site right-of-uvay required for the completion ofroad improvements, the road improvements ivould not be required of the applicant, unless governmental authority ("their powers of eminent domain') is implemented to secure the necessary right -of --way. Failure to secure the right -of -wary will significantly impact the TIA results and LOS. Pursuant to adopted transportation policy, roads located adjacent to and within new development are expected to operate at no less than a Level of Service "C" (Comprehensive Policy Plan, p. 7-5). As noted above, the transportation improvements proffered by the applicants achieve this standard iwith each phase gfdevelopment, if the necessm'y right -of --sway is secured by the applicant. B. Sewer and Water The applicant states that the existing golf course use is 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 and enable gravity flow to the existing main. The ultimate sewage conveyance impact at project build -out is projected to be 302,500 gallons per day (GPD). The applicant notes that a 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. The applicants report that FCSA has indicated that sufficient water capacity exists to serve the project. C. Historic Resources As reported by the applicants, the Frederick County Rural Landmarks Survey includes one structure located on the site, which is identified as the I-Ieishland 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 Vir ig nia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. D. Community Facilities The Frederick County Capital Facilities Fiscal Impact Model projects a net positive fiscal impact from the project at project build -out. Failure to phase in the non-residential land uses could result in a negative fiscal impact as the fiscal benefits of the non-residential land uses would not be realized. As such, the applicant has proffered a monetary contribution of $2,637 per residential unit to mitigate the potential negative fiscal impacts. • Staff comments and issues: This nnixed use project, at build-oul, could provide for a net positive capital facilities fiscal impact to the County. fflhe non-residential phase ofthe projecl does not materialize, and the Rezoning # 11-05, Carpers Valley August 1, 2005 Page 9 project is bztili solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. E. Permitted Uses The zoning ordinance permits various uses within the R-4 Zoning District. The applicant has proposed the development of residential and non-residential areas. A Design and Development Standards manual has been proffered which introduces various housing types which would be unique to this project: stacked townhouses and 24-unit condominium and apartment buildings are just a sampling of the new housing options. The R-4 Zoning District also permits the various non-residential uses associated with the B1, B2, B3, and M 1 zoning districts. While the intent of this application is to promote the site as an employment center, with aspects of office and commercial uses, the application does not prohibit the possibility of introducing industrial uses to the area. • Staff comment and issues: The R-4 District provides maximznn flexibility intended to of the developer an opportunity to design a unique commnunity. Sans creativity, the R-4 District is not unlike the traditional RP, Bs, and Ms districts ivhere all ztses in the underlying zoning district are permitted The applicant is encouraged to consider establishingprohibitions ofsuch uses that are not appropriate nor intended for this residential and office project. 5) Proffer Statement — Dated June 24, 2005, revised July 6, 2005 It is noted that the proffer statement for Carpers Valley is extensive, involving proffered conditions which includes a design manual and three modification requests. The proffer statement is fundamentally dependant upon the regulatory flexibility sought through the modification document. The design manual introduces new housing types, such as significantly larger apartment buildings, and stacked townhouses. Given the importance of these requests to the applicant's proffer statement and, therefore, the overall rezoning proposal, staff has provided a detailed discussion concerning each request. Modifications Request — included within the Desil4n and Development Standards manual 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 three modifications to certain provisions of the Frederic]( County Code. • Modification 41 - §165-68. Rezoning Procedure The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The master development plan review Rezoning 911-05, Carpers Valley August 1, 2005 Page 10 procedures must be completed concurrently with the consideration of the rezoning, and must be included as part of the rezoning application. The applicant is requesting modification of this request to allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning instead of the complete MDP. The GDP would identify the relationship of the project site to the surrounding transportation network and adjoining land uses. Moreover, the GDP would provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or non-residential land uses. The applicant would submit the MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development would be provided If Modification #1 is approved, a proffered Generalized Development Plan (GDP) will be processed with this application instead of a detailed Master Development Plan (MDP). MDP submission would follow rezoning approval pursuant to the application sequence typical for development in other zoning districts as outlined by the Zoning Ordinance. Planning Staff The applicant has included a proffered Generalized Development Plan (GDP) lvith this application and is seeking the requested modification pursuant to discussions tivith staff The level of detail required ivith a complete Master Development Plan (MDP) is difficult to provide ivith a rezoning application iven considering a project of the scope and scale of Caipet•s Valley, especially ~-When the potential federal facility is considet•ed. A proffered GDP ii, ill effectively represent the overall development concept and can sufficiently guide the implementation of proffered conditions via subsequent development applications. • Modification 92 - § 165-71. Mixture of Housing Types Required The R4 District requirements stipulate that no more than 40% of the residential land area in a planned residential community shall consist of duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, or garden apartments or any combination of said housing types. The Zoning Ordinance promotes a residential mix dominated by single family detached housing types. The applicant is requesting that this standard be modified to allow housing types identified by the zoning ordinance and the proffer statement (Design and Development Standards). The residentially designated areas of the project would be able to develop without limitation to the percentage or ratio of any given housing type. The development of single family attached (Townhouses) and multi -family dwellings would be the predominant housing type in Carpers Valley. If Modification #2 is approved, the project housing type mix will not be regulated by ordinance nor proffered conditions. This will provide the applicant the greatest flexibility to design and develop the housing types most appropriate for the market. 0 Rezoning 911-05, Carpers Valley August 1, 2005 Page 11 Planning Staff Comment: The current requirement of § 165-71 ensures that single fainily detached dvnellings ivill comprise a minimum of 60% of the residential land area in a planned residential community. As proposed by the applicant, the entire residential site could be developed into the highest density residential housing type enabled by the zoning ordinance (16 units per building garden apartments at 10 units per acre). The proffer statement limits the use of the 2-units der -building multi family unit described in the proffered Design and Development Standard manual to occupy no more than 50 percent of the total market rate housing units • Modification #3 - § 165-72.D. Commercial and Industrial Areas; The R4 District requirements stipulate that a minimum of 10% of the gross area of a planned residential community shall be used for business and industrial land uses, and that such uses shall not exceed 50% of the gross land area. Moreover, the Zoning Ordinance requires that each phase of a planned community development shall include a reasonable amount of non- residential land uses. These requirements provide the necessary regulations to facilitate a development with residential and employment which coexist, enabling not only a walkable community, but also offer opportunities to place residential uses and commercial uses within the same structure (i.e., retail on first floor, residential on 2nd and 3rd floors). 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. If Modification #3 is approved, the applicant will be permitted to expand the commercial development to occupy up to 60% of the project area; industrial uses would continue to be limited to 50% of the project. Proffered Conditions dated June 24, 2005 and revised July 6, 2005 The following is a brief summation of the proffered conditions included with the application. 1) Land Use a) Establishes that market rate housing shall not exceed 750 dwelling units. b) Establishes that the 24-unit-per-building multi -family housing type will not exceed more than 50% of the total dwelling units. (Staff note: proffer does not limit the use of the traditional garden apartment on more than 50% of the site, which is enabled by Modification #2) 2) Workforce I-Iousing a) Establishes the ability to develop up to 35 residential units for sale to families with household incomes below the median income of the County. 3) Reservation of Land for public use a) Identifies and reserves ( for tip to 2 years) land for acquisition for federal • 0 Rezoning #11-05, Carpers Valley August 1, 2005 Page 12 b) government use c) Identifies and reserves (for up to 8 years) land for acquisition by the Airport. d) Identifies and dedicates approximately 10 acres for use as a National Guard Armory 4) Phasing of the Development a) Provides for limitation on the issuance of residential building permits. Year 2 - 100 permits. Year') - 128 permits. Year 4 — 240 permits Year 5 - 185 permits Year 6 - 132 permits (Staff note: the applicant also provides foi- the annual accumulation of permits, which could result in all 785 residential units being, built in year 6) 5) Provides for enhance recreation amenities with a community center, pool, and dog park. These amenities would be constructed by the end of the 4"' year of development. 6) Provides for hiker/biker trail adjacent to the planned major collector road. 7) Provides for a per residential unit $2,637 monetary contribution to lessen projected impacts on capital facilities (Staff note: If the non-residential phase of the project does not inatei•ialize, and the project is built solely as a 750 residential unit development, the per• unit capital facilities fiscal Impact is projected to be $4,174. 8) Provides for transportation improvements such as: a) Tree -line 4-lane raised median major collector road connecting the Sulfur Springs Road/Route 50 intersection with a fixture intersection with Prince Frederick Drive. (Staff note: the tree lined street is in lieu of the County i-equired Road Efficiency Buffeiq b) No connections to Millwood Pike (Route 50) other than at the Sulfur Springs Road intersection. c) Traffic signal improvements at Sulfiir Springs and Route 50; Costello and Prince Frederick Drives; and Victory Lane and Millwood Pike (Route 50) d) Future TIA and improvements to reflect changing uses of the property. STAFF CONCLUSIONS FOR 07/20/05 PLANNING COMMISSION MFFTING: This application is a request to rezone approximately 281.5 acres of RA -zoned property to the R4 District to facilitate development of a mixed use development consisting of 785 dwelling units and 143 acres of business and office use opportunities. The Comprehensive Policy Plan specifically addresses the planned land use of the subject parcels through the policies adopted with the Route 50 Cast Corridor Land Use Plan. These policies recommend the establishment of business and office uses on the parcels. The requested rezoning suggests that an employment center and transitional residential uses are an appropriate use for the site based on the site's proximity to the Airport, the Prince Frederick Office Park, and adjoining single family uses. 0 Rezoning 411-05, Carpers Valley August 1, 2005 Page 13 The R-4 Zoning District is intended to facilitate a planned unit development, where uses are interspersed, and retail and residential uses intermingle. The Carpers Valley application is more similar to a B2 and RP request, then a planned unit development. Yet, the proposal certainly attempts to create a compatible product in a key developing corridor of the County. Addressing the various agency concerns and issues is the responsibility of the applicant; VDOT and Airport Authority have yet to offer support of the application. The applicant should be prepared to address these agency issues, Planning staff comments, as well as all comments offered by the Planning Commission. hi addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been firlly addressed by the applicant. The Planning Commission should pay particular attention to the following: 1) The Commission providing concurrence with VDOT that the transportation proffers offered with the rezoning application are satisfactory. 2) The Applicant's satisfaction of all comments offered by the County Attorney. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/20/05 MEETING: The following airport representatives were present to speak with the Commission: Mr. Mark K. Flymi, Legal Counsel for the Winchester Regional Airport Authority; Mr. Jolm Longnaker, engineer with Delta Airport Consultants; Serena R. Manuel, Executive Director of the Winchester Regional Airport; Mr. Joe Delia, The Federal Aviation Administration's Project Engineer for the Winchester Regional Airport; and Mr. Randal P. Burdette, Director of the Virginia Department of Aviation. The primary concerns raised by airport representatives included: opposition to the R4 Zoning designation due to its inclusion of residential units and opposition to any rezoning request that would include dense housing within the Airport Support Area; concern that continued residential encroachment would impact the viability and future expansion of the airport and, eventually, it would have an affect on the airport's funding from the FAA and the VDOA; the inability of the airport to accept the applicant's offer to purchase the reserved acreage to the north because of development priorities on the south side of the runway that will require considerable finding from the FAA/VDOA; if acreage to the north was purchased within the eight -year time frame, it would require local finding (Frederick Co. and City of Winchester); regarding the Coverstone Drive extension, the Rt. 522 realignment has not received FAA/VDOA approval; the realignment of Rt. 522 is contingent on surveys and elevations yet to be conducted and must not interfere with the airport's approach surfaces. Regarding the public safety building, the airport has earmarked a five -acre site for a public safety building, however, an agreement has not been finalized, a site plan has not been reviewed, nor has a lease been negotiated. If a lease is negotiated with Frederick County, the airport would retain ownership of the land and it would not convey to Frederick County. There were also concerns regarding the public safety building's 60-foot right-of-way through the airport's property. Three citizens spoke in opposition to the rezoning request; their opposition was based on their view that residential use was not compatible with the airport. They were concerned that residential encroaclunent 0 0 Rezoning #11-05, Carpers Valley August 1, 2005 Page 14 would affect the airport's viability and lead to its closing; they were concerned about safety for the residences that would be constructed. One citizen, a partner in the adjacent Blue Ridge Industries, spoke in favor of the rezoning. He rebuked statements that the airport was unsafe for adjacent residential use and asked if having employees work in the adjacent commercial buildings would also be considered unsafe. He considered the offer made by the applicant to reserve the acreage for eight years as a tremendous value to the airport; he remarked that if corporate business was unwilling to step forward to sign leases to find the purchase of the acreage, or if the FAA/VDOA didn't consider it a priority, then perhaps the land was not really needed. He also expressed disappointment that the Airport Authority would hold 6,000 square feet hostage to the local land transportation needs. The applicant believed their proposal had met the County's goal for land planning adjacent to the airport. The applicant expressed the desire to negotiate with the airport; however, they believed that until a decision was made on the land use issue, negotiations could not go forward. Discussion and comments by the Planning Commission included: The plan presented was good and much improved over the previously -submitted plan; the plan presented the opportunity for growth inside the UDA, as opposed to the rural areas; it may not be appropriate to place housing on land planned for business/office use; no concrete determination has been made by the airport on an acceptable distance for dwelling units from the runway; distance of dwelling units from the runway does not in itself affect funding from the FAA/VDOA; the best use for this area is commercial; the plan presented the opportunity for affordable housing; and, a significant amount of cooperation between the developer and airport was needed to make the project work and would result in a win -win situation for both parties, in addition to the County. One commissioner remarked that if tenants would choose not to come in the second and third land bays, he would not be in favor of putting more housing within those bays. Some of the commission members were not in favor of residential housing near the airport because of its potential impact to the viability of the airport and for safety reasons; one commissioner preferred to see the County's UDA and RA studies completed before approving the rezoning; a member cited insufficient data on the quality/quantity of available water and possible DEQ limitations on discharging into waterways that empty into the Chesapeake Bay. A majority of the members of the Commission were in support of the overall plan for rezoning and believed it was appropriate for this location and the tinning was right. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers and conditions discussed, as well as the three proposed modifications requested by the applicant, as follows: 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 93: Allowance of a Maximum of 60% of Total Gross Area for Business and Commercial Purposes. Rezoning #11-05, Carpers Valley August 1, 2005 Page 15 The majority vote was as follows: YES (TO RE, C. APPROVAL): Manuel, Triplett, Kriz, Ours, Thomas, NO: Watt, Gochenour, Straub ABSTAIN: DeHaven, Wilmot (Note: Commissioners Unger, Morris, and Light were absent from the meeting.) Capers Valley Rezoning Unresolved Issues- Review Agency and PC identified issues July 25, 2005 • Transportation. The applicant has not secured all the necessary right-of-ways to facilitate the TIA identified road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off -site right-of-way required for the completion of road improvements, the road improvements would not be required of the applicant, unless governmental authority ("their powers of eminent domain") is implemented to secure the necessary right-of-way. o Failure to secure the right-of-way will significantly impact the TIA results and LOS. Per VDOT comment, this issue is to be resolved prior to the BOS meeting. Without resolution, VDOT does not support the application. o Coverstone Drive design. Needs clarification that the road would be a 4-lane raised landscape median roadway, built entirely by the applicant. o Coverstone Drive construction. Not clear if and when applicant will build a 4-lane road. Implied through proffers but not expressly set forth. • Phased Development — Non-residential vs. Residential uses. The proffer has not phased residential and non-residential uses. Therefore, there are no assurances that non-residential development will occur to offset the fiscal impacts of the residential development. If the non-residential phase of the project does not materialize, and the project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. The applicant has proffered $2,637. • Modification #2 — Mixture of Housing Type. Would enable the entire site to be developed into multi- family structures (i.e. apartment buildings). While the applicant has proffered a limitation on the development of a 24 unit multi -family building, there are no limitations on the use of the Zoning Ordinance allowed 12 unit garden apartment building. • Work Force Housing. Via proffer, the applicant has established the ability to develop up to 35 workforce housing unit. But, the applicant has not proffered that they would actually build these units. o County Attorney comments seek additional clarification regarding the work force housing: implementation; management; establishment of a sales price; type of housing unit; location (segregated or integrated) • Land Reservation. Applicant does not dedicate land, nor specify future purchase price of the `reserved land'. Future acquisition of land would be open for negotiation; quite possibly a negotiation that purchaser (Airport or GSA) may determine to be priced higher than assessed and appraised values. Therefore, unable to purchase. • Fire and Rescue contributions. $0.00 proffered to offset non-residential development on F/R service demands at buildings' construction. • Administration Building contribution. Clarification that the monetary proffer for the administration building is based on a "per dwelling unit". 0 • Capers Valley Rezoning Unresolved Issues- Review Agency and PC identified issues July 25, 2005 • Transportation. The applicant has not secured all the necessary right-of-ways to facilitate the TIA identified road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off -site right-of-way required for the completion of road improvements, the road improvements would not be required of the applicant, unless governmental authority ("their powers of eminent domain") is implemented to secure the necessary right-of-way. o Failure to secure the right-of-way will significantly impact the TIA results and LOS. Per VDOT comment, this issue is to be resolved prior to the BOS meeting. Without resolution, VDOT does not support the application. o Coverstone Drive design. Needs clarification that the road would be a 4-lane raised landscape median roadway, built entirely by the applicant. o Coverstone Drive construction. Not clear if and when applicant will build a 4-lane road. Implied through proffers but not expressly set forth. • Phased Development — Non-residential vs. Residential uses. The proffer has not phased residential and non-residential uses. Therefore, there are no assurances that non-residential development will occur to offset the fiscal impacts of the residential development. If the non-residential phase of the project does not materialize, and the project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. The applicant has proffered $2,637. • Modification #2 — Mixture of Housing Type. Would enable the entire site to be developed into multi- family structures (i.e. apartment buildings). While the applicant has proffered a limitation on the development of a 24 unit multi -family building, there are no limitations on the use of the Zoning Ordinance allowed 12 unit garden apartment building. • Work Force Housing. Via proffer, the applicant has established the ability to develop up to 35 workforce housing unit. But, the applicant has not proffered that they would actually build these units. o County Attorney comments seek additional clarification regarding the work force housing: implementation; management; establishment of a sales price; type of housing unit; location (segregated or integrated) • Land Reservation. Applicant does not dedicate land, nor specify future purchase price of the `reserved land'. Future acquisition of land would be open for negotiation; quite possibly a negotiation that purchaser (Airport or GSA) may determine to be priced higher than assessed and appraised values. Therefore, unable to purchase. • Fire and Rescue contributions. $0.00 proffered to offset non-residential development on F/R service demands at buildings' construction. • Administration Building contribution. Clarification that the monetary proffer for the administration building is based on a "per dwelling unit". Capers Valley Rezoning Unresolved Issues- Review Agency and PC identified issues July 25, 2005 • Transportation. The applicant has not secured all the necessary right-of-ways to facilitate the TIA identified road improvements. By proffer (see proffered condition 16.9), the applicant has stated that if unable to secure the off -site right-of-way required for the completion of road improvements, the road improvements would not be required of the applicant, unless governmental authority ("their powers of eminent domain") is implemented to secure the necessary right-of-way. o Failure to secure the right-of-way will significantly impact the TIA results and LOS. Per VDOT comment, this issue is to be resolved prior to the BOS meeting. Without resolution, VDOT does not support the application. o Coverstone Drive design. Needs clarification that the road would be a 4-lane raised landscape median roadway, built entirely by the applicant. o Coverstone Drive construction. Not clear if and when applicant will build a 4-lane road. Implied through proffers but not expressly set forth. • Phased Development — Non-residential vs. Residential uses. The proffer has not phased residential and non-residential uses. Therefore, there are no assurances that non-residential development will occur to offset the fiscal impacts of the residential development. If the non-residential phase of the project does not materialize, and the project is built solely as a 785 residential unit development, the per unit capital facilities fiscal impact is projected to be $4,174. The applicant has proffered $2,637. • Modification #2 — Mixture of Housing Type. Would enable the entire site to be developed into multi- family structures (i.e. apartment buildings). While the applicant has proffered a limitation on the development of a 24 unit multi -family building, there are no limitations on the use of the Zoning Ordinance allowed 12 unit garden apartment building. • Work Force Housing. Via proffer, the applicant has established the ability to develop up to 35 workforce housing unit. But, the applicant has not proffered that they would actually build these units. o County Attorney comments seek additional clarification regarding the work force housing: implementation; management; establishment of a sales price; type of housing unit; location (segregated or integrated) • Land Reservation. Applicant does not dedicate land, nor specify future purchase price of the `reserved land'. Future acquisition of land would be open for negotiation; quite possibly a negotiation that purchaser (Airport or GSA) may determine to be priced higher than assessed and appraised values. Therefore, unable to purchase. • Fire and Rescue contributions. $0.00 proffered to offset non-residential development on F/R service demands at buildings' construction. • Administration Building contribution. Clarification that the monetary proffer for the administration building is based on a "per dwelling unit". L] Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners, Landscape Architects. 117 East Piccadilly Street, Suite 200 PHY—�+-A Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Eric Lawrence Organization/Company: Frederick County Planning Department Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: 540-665-5651 Date: June 27, 2005 From: Chris Mohn Project Name/Subject: Via: Transmittal Carpets Valley Rezoning - Final Proffers (signed/notarized) Internal Project File #: Quantity File # Date Description Transmitted Original Proffer Statement - 1 Signed and Notarized Original Design and Development Standards ® Herewith 1 Manual (proffer attachment) ❑ Under separate cover Original Master Development Plan - Four Material 1 Sheet Set - 11"x 17" (proffer attachment) Original Master Development Plan - Four N Originals 1 Sheet Set - 24"x 36" (proffer attachment) N Photocopies Copies of Master Development Plan — ❑ Diskette 69 Four Sheet Set — 11" x 17" ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose Notes: ❑ Approval Eric — Included with this transmittal is the signed/notarized proffer statement with ❑ Please Return: original copies of the proffered attachments/exhibits for the Carpers Valley rezoning. Corrected Prints The Design and Development Standards manual is being reproduced by Valley Blue, and 69 bound copies should be ready for delivery within the next couple days. Thanks for ❑ Please Submit: your patience and assistance with this application. Best - Chris Revised Prints I APPLICATION 9 • AMENDMENT Action: PLANNING COMMISSION: July 20, 2005 - Recommended Approval BOARD OF SUPERVISORS: October 12, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 411-05 OF CARPERS VALLEY 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, 64-A-87 and 64-A-87A 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 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 281.5 acres from RA (Rural Areas) District to R4 (Residential Plarined 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. PDRes 436-05 0 0 This ordinance shall be in effect on the date of adoption. Passed this 12th day of October, 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Nay Bill M. Ewing Aye Gene Fisher Nay A COPY ATTEST f �s John R. }J'e FrederiaK County Administrator PDRes 436-05 REZONING: PROPERTY: PROFFER STATEMENT RZ. # 11-05 : 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. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 September 7, 2005 September 28, 2005 October 4, 2005 October 12, 2005 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant' as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated October 11, 2005 , sheets 1-4 of 4. (00014467.DOC / 4 Proffers As Revised 000145 000020) The project shall be designed to establish interconnected mixed -use residential and coinmercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 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"). 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." Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, § 165-82, Sections A through D inclusive, and § 165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 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). 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. Residential development on the Property shall r 550 dwelling units, with a mix of housing types 9 9 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 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 {00014467.DOC / 4 Proffers As Revised 000145 000020) 91 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-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 designated for commercial/employment use by the United States, commercial and employment uses may be constructed at any time. 4.3 Improvements including a 3,000 square foot community center, 3,500 square feet of neighborhood swimming pools, and a dog park shall be constructed in conjunction with residential development in Land Bay 1 and the land therefor shall be dedicated upon completion of the improvements to the homeowners association. The location thereof shall be depicted on final subdivision plans for such residential development. These recreational amenities shall serve to meet the requirement of 1 recreation unit per 30 dwellings and shall be, at minimum, equivalent to $25,000 per recreation unit. These improvements shall be designed and bonded for completion as soon as practicable following approval of this rezoning, and shall be completed prior to the issuance of the 281 st residential building permit. 5. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 5.1 All buildings on the Property shall be constructed using compatible architectural styles. The Applicant shall establish one or more Architectural Review Boards through the required Homeowner and Property Owner Associations to be created to enforce and administer a (00014467.DOC / 4 Proffers As Revised 000145 000020) 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 comlected 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 pedestrianibicycling 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 1st of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land in public use), to the fire and rescue company providing first 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: (00014467.DOC / 4 Proffers As Revised 000145 0000201 5 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 construction of a general goverrunental administration building upon issuance of a building permit for each dwelling unit. 12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 12.1 The homeowners association to be created in accordance herewith shall be created contemporaneously with the first final site or subdivision plan submitted for the Property. 12.2 The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of the community center, walking trails, swimming pools, all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stormwater management facilities not dedicated to public use, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create a master HOA with respect to the residential development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. If only one such HOA is created, it shall be the master HOA for purposes of these proffers. 12.3 In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) private streets serving the residents (00014467.DOC / 4 Proffers As Revised 000145 000020) i 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. Ii1 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: (00014467.DOC / 4 Proffers As Revised 000145 000020) 7 0 0 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 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 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in (00014467.DOC / 4 Proffers As Revised 000145 000020) '3 0 0 sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed to required asphalt and open to the public as a full four -lane section to the Phase 1 line. Notwithstanding the foregoing, building permits may be issued for model homes and the community center prior to base paving. 15.1.1.1.2. Phase 2 shall consist of construction of a two lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. This two lane segment shall be completed or bonded for completion prior to the occupancy of the first commercial building in Land Bay 2. The Phase 2 segment shall be completed or bonded for completion to a full four lane section when construction of relocated Route 522 cominences or when construction thereof is necessary to service commercial development in Land Bay 2. 15.1.1.1.3. Notwithstanding any other provision of these proffers, for Phase 3, the Applicant shall design Coverstone Drive Extended as a four - lane section from Prince Frederick to Relocated Route 522 when the alignment of Relocated 522 has been determined by VDOT. In the event that the Applicant obtains right- of-way therefor from the Winchester Regional Airport prior to the initiation of design of such extension, then it shall realign' Coverstone Drive Extended as may be approved by the County and VDOT. The Applicants shall further pay to the County $1,000 per dwelling unit for the permitted residential units for future construction of Coverstone Drive Extended, or other projects in the vicinity of the Property that are not included in this rezoning.. Such funds shall be paid at the time 100014467.DOC / 4 Proffers As Revised 000145 0000201 I 0 0 of building permit issuance for each of the permitted residential units. 15.1.2. The Applicants shall provide a fifty -foot right-of-way for a future interparcel connection from Coverstone Drive to the eastenunost property boundary line of the Property, as shown on the GDP. Said right-of-way shall be dedicated upon written request therefor. 15.2 Notwithstanding any other provision of these proffers, if the General Services Administration locates a federal facility on the Property, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to occupancy of that facility. 15.3 Notwithstanding any other provisions of these proffers, the Applicant shall construct Coversone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to June 1, 2012. 15.4 The Applicant shall provide for future interconnection with hlverlee 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 comnection for emergency site access to be used only by the United States 100014467.DOC / 4 Proffers As Revised 000145 000020) 10 0 9 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 II and III investigations thereof as may be demonstrated to be necessary by the Phase I study. (00014467.DOC/4 Proffers As Revised 000145 000020) 11 17. ESCALATOR CLAUSE 17.1 Ill 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 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 (000 1 4467.DOC / 4 Proffers As Revised 000145 0000201 12 9 JGR Three, LLC I / .; / � Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me_this//, day of l iy'_Q , 2005, by )�— My commission expires i �\ ' Notary Public Ellen, LLC By it Its Waging Member instrumRnt was acknowledged before me this e- I "-' da 05, by C2} My commission expires �}�;-, '-?�C' ,7(-K--) Public • LCR, LLC Its 1Vlanaaing Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing imstrument was ackaojEdged before me this271-i' day of (i '�k' , 2005, by �.. t � Y{ t+ f��> Mycomsion expires A—V �(} Notary Public � � -J" IN � � j}'1Z�2i nli;l • • STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: MDC Three, LLC By /� Its tVanaging Member The foregoing instrument was acknowledzed before me this "day of tSi f , 2005, by My commission expiresj�)�' Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled of .�_ ;_ i t't.(, 2005, by n (1 , i. My commission expires } Notary Public • i C_ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Liberty Hill, LLC The foregoing instrument was acknowledged before me this?. )`f ` ' day of My commission ex fires � ���� � Notary Public �'ir�� �;; l.i: 7 %! f; �f 's%?.Gar /-n E STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing imstrument was acknowI d ed before me this, /���rday O t .i it. C , 2005, by . �1 G�' (: 'r,, in �i My commission expires Notary Public J)()L)[1,ly2i�L(D-01.1"Li "lir �. 9 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thi2',')'�"dav of 3 2005) by >1 ; c t, MY commission expires �, o-? Notary Public )rr `J 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this,7,day o,2005,by My commission expires '_( -) ! '� , �? C ; � Notary Public 0 ►� J STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: r-I-) Gregory L. v v t ne The foregoing instrument was acknowledged before me this -day ofjj4U , 2005, by My commission expires `l 1 Notary Public )' i 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this Z/'day o illQ , 2005, by (Zyfq_Prwto Mycommission expires 11Q, A 5G, 711�s� Notary Public 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was ; of��,f Y (? , 2005, by My commission expires Notary Public (2n E 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: r Donna C. Dick The foregoing instrument was acknowledged before me this -day of ;.11 Pnn , 2005, by Lb= e L Mycommission expires , \ Notary Public ,( , 0 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this27tt'day o _ LQ,_, 2005, by My commission expires NotaryPublic 0 9 Patton Harris Rust & Associates, pc B C arles do r Senior Vice President Date I (000 1 4467.DOC / 4 Proffers As Revised 000145 000020) F e FUTURE SIGNALS BY OTHERS (RAVENS) ROUT E 50 (MILLWpOD E%IS1NG SlGNA PIKE) mm LLTEta1E)R Qs K ._ Y +.�. 6M K �w � w EXISTING SIGNAL Ila ,� K an wA� .m ae nA wA-1 A wA-IDI YIIIA w tn� IAA IA K" Im D BAY 1 wA-xX N-Llm ss K 115 Acres '1100°O`Id RU maa R o aM C wAa LIC 21.87 Acres pis , '�` men 12 TO REMAIN UNCHANGED LAND BAY 2 ` A0° K m� wK�E 143 Agee 114A41 zoea �¢ EMPEOYMENT/COMWEHaAL WPM O MAMA PRINCE FREDERICK DRIVE I _ITS=J'!C� \ K 12 WITH COVERSTONE AT PHAS 2 ple1cc -2co ¢WNAE 4-20 K FUTURE SIG mitP 13m i \ PRO Us M e01'2 W/ OF AOFE6 e1q UX f wAHR e�A-a he m COS?Ello DRIVE wlo-s ►1� Ac Rl¢ K11®13K alai. IL �� , _ ►+ ICI A , fl1FI 'F1®D,E" / 1 m e-: / e.a-a u-aA" TalM K +' K rnf6aADs Ioct , / rWl 6 wwe YNL EC KAE16 IA K / 7! AC w M Vc '^.�Ri�pNE D6r�g — BI� �� R/W FOR •R- CEL .N:', �.vocm -OVt RSTONE DRIVE w+ Cw __ ----- 10 ACRE AREA RESMVED wAV FOR POSSIBLE / Nu MA ARMORY SITE nN TSK AMB" Y elm Ia -CAW wA oI aeR ` AC ems.. K .WI momaLt A229T w.-Em Fn,V X wA rx Ae R® L GAMS \ \w+ MUMIT m he wK w+ wA d "u"m \ M009m@ s" we"' Se0 K 01 \ wl T � t PHA AD PHASE 2 ROA ` PHASE 1 ROAD TRAIL SYSTEM HIKER/BIKER TRAIL TO BE CONSTRUCTED ADJACENT TO COVERSTONE DRIVE WTTHIN THE PROPERTY BOUNDARIES AND WILL BE CONNECTED TO SIDEWALKS AND STREETS WITHIN INDIVIDUAL LAND BAYS. "'+» FUNDING AND CONSTRUCTION OF IDENTIFIED TRANSPORTATIOIN IMPROVEMENTS TO OCCUR PURSUANT TO PROPOSED PROFFER STATEMENT. gilbert w. Clifford & associates DE9D CARPERS VALLEY P.11— .—I. R— L A... cl.l.• pc �� T A PRS JUNE 24, 2DO5 E,91— SOW)a Ma LmG.poy. AMM*&c DXAEM l lneM3iP.Qaenryse..�.s�awo TRANSPORTATION PLAN MASTER DEVELOPMENT PLAN NO, DESGAMON DATE RVSb AlM'b ARNO DATE T 5.08612+J4 CMM NTS F sw ecs a9i S+QT nu: ND. REVISION3 of 4 • I • I • 9 gilbert w. clifford & associates CARPERS VALLEY °C90M s V.t— H.—. R..t ♦ A .... l.t.. pc Enah... Sara Plm— lmd. MWticta 3i 00E Jum 24. 2005 , 11 E-. o�.�. s...t. s,,. LAND USE PLAN MASTER DEVELOPMENT PLAN vRs �' pm® 'E ww wrs w. acsc�rlan wrz ays'o lard wtwa ai[ c s.o ess a9a 'aT 2 OF 4 U— 12 95 1 2: 32p 'h i t c'. 0GS2 7697 p. 1 at 1 EO 051 1 i 35 1 1 -` wn iiLVRaE BROTHERS '03 536 43�'7 y4�7g97 � � F • 1 Prince Frederick Gtoup L.C. 6231 iuesburg Pike, Suite 600 Fa1Ls Chutrh, VA 22044 703-231-:1570; Fax 703 5 36 4307 October 12, 2005 Carpas vattry Golf Club INo N_i0*00d Pike wincheucr, Virginia 22602 Re: Ac=ss to Carpets Vailay Golf COUM Dear W. . Dick: This letrer is to confirm thmt Prince FYederick Cmup L.C. will provide access to :he .soma, W mI corrwr of the golf oaum as shover+ 00 the attached pla:. This lead conshn of.742 acres rvrh as asYditfona12O t WWM aaaetttea along the ?gorth East tide of the .742 scree. 4WA7 4-- 1 y "Per Manager lao L.IVlcllvaine Maaaga+' • Patton Harris Rust & Fnglneats swr eyols Planno's Associates,pc landscape Atchlle( is October 12, 2005 Nlr. Eric Lawrence Director of Planning Frederick County, Virginia 107 North Kent St Winchester, VA 22601 RE: Carpers Valley Proffer Revisions Dear Eric: PRA Recent discussions have prompted a revision of the Carpers Valley proffer statement that is intended to clarify the intent of the proposed rezoning. I have included both a final version of the proffer statement dated October 12, 2005 as well as a version CORPORATE: indicating the recent changes. These changes include the following: Chantilly 1) Date of Generalized Development Plan has been changed to October 11, 2005. VIRGINIA OFFICES: Chantilly dgewater 2) 1.3 — Prohibits the construction of stacked flat town units in the areas identified FredeNcksburg on the GDP as "townhomes." Leesburg Richmond 3) 1.5 — Prohibits residential uses in Land Bay 2 and limits uses in Land Bay 2 to B-2 Virginia Beach uses or use by a federal agency. Winchester Woodbridge 4) 3.3 and 3.4 — Removed time frames and reversion clauses for the dedication of LABORATORIES: land for the Armory site and the public safety building site. Should neither of Chantilly these uses be located at the proposed sites, Frederick County will still control the Fredericksburg properties with the opportunity to sell or utilize the land for other purposes. MARYLAND OFFICES B ARYLAN e 5) 3.4 — Clarifies that access to the public safety building site will be constructed to altiColumbia required paving in place of base paving. Frederick Germantown 6) 4.1.1-4.1.4 — Stipulates that residential building permits shall be acquired for Land Hollywood Bay 1 to further solidify the intent for no residential structures to be located Hunt Valley outside of the proposed residential land bay. WEST VIRGINIA OFFICE: 7) 4.3 — Identifies that constructed recreation improvements will be dedicated to the Mattinburg homeowners association and identifies completion of recreational improvements before the 281" residential building permit. T 540 667.21 39 F 540 665 0493 1 17 East Piccadilly Street Winchester, VA 22601 b) 7.2 — Donation of funds from the 1-I0A to die fire and rescue company providing first due service to the Property will now be in perpetuity regardless of whether or not the fire and rescue company converts to a fully paid service. 9) 7-11 —Replaced "each such unit" with "each dwelling unit." 10) 12.2 — Notes that homeowners association (HOA) will be responsible for the maintenance of the community center, walking trails, and swimming pools. 11) 12.2 — Master HOA would be created with respect to die residential development instead of the entire development to separate die residential and commercial uses. 12) 12.5 — No longer would any Property Owners Association be a sub -association of a master HOA. This is intended to clearly separate the residential and non- residential uses of die property. PH 13) 15.3 — Should any of the previously proposed triggers for the construction of the full four lane section of Coverstone Drive from Millwood Pike to Prince Frederick Drive not occur first, die applicant has now proffered to construct Coverstone to a full four lane section prior to June 1, 2012. Sincerely, PATTON HARRIS RUST & ASSOCIATES Patrick Sowers Planner PS P: \G111CA\Patrick\ Catpel-sCoverLetter901205. doc John H. Foote (703) 680-4664 Ext. 114 j foote@pw.thelandlawyers.com Fax: (703) 680-2161 Mr. Eric Lawrence Planning Director Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 Re: Carpers Valley Dear Eric: -91-- WALSH COLUCCI LUBELEY EMRICH & TERPAK PC October 4, 2005 Mr. Conrad, the good folks of Patton Harris, and I, have discussed your comments with respect to the proffers and offer the following responses, together with a revised proffer statement consistent with the following: RESPONSE COMMENTS 3.3 Proffered condition commits the applicant The Applicant is aware of the requirements of to "build or design and bond" Coverstone the E&S Ordinance, and aware that those Drive to provide access to the Armory site. requirements will supersede proffers that are Specifically, the road would be completed inconsistent. If the Ordinance still reads as it prior to the Armory's completion. This does today at the time of construction of this conflicts with current E&S Code requirements project, the Applicant will have to deal with - road must be built prior to issuance of the severe practical difficulties that will present building permit. E&S would supersede this with respect to road construction. proffered condition. Also conflicts with Section 15.1.2. 3.4 Public Safety Building site. When will The proffers have been amended to clarify that land be dedicated? Also, when will road the land will be dedicated upon written request accessing land be constructed? Constructed by of the County. It will be constructed by the whom? Applicant to base paving within 12 months of that request. 4.1 Issuance of residential building permits. The phasing plan for this project has been Typically a phasing schedule limits residential developed in recognition of the extensive unit construction to less than 75/80 units a commitments that the Applicant is making to year. Is the intent to limit the number of advance the County's interests in the permits issued in any giving year? Phasing develo ment of public uses on this site, and the PHONE 703 680 4664 a FAX 703 680 6067 c W W W.THELANDLAWYERS.COM GLEN PARK I � 4310 PRINCE WILLIAM PARKWAY, SUITE 300 ' PRINCE WILLIAM, VA 22192 (000 1 5873.DOC / 1 RespoweiOMM466MCE 703 520OW6 1 LOWMQ)OFFICE 703 737 3633 ,I I I- I I ,. , I 1,. Response Letter • Carpers Valley October 4, 2005 Page 2 of 4 schedule may require clarification. extraordinary road construction costs that have been assumed. These goals cannot be achieved without recognition of the costs to the Applicant and the need to recoup those costs in a reasonable way. There are a number of projects in the County, larger in scale, that do not have so constrained a development phasing requirement, and the Applicant believes that its current proposal is indeed reasonable. 4.3 Community recreation facilities. Point Agreed, and the proffers have been so for clarification: Land to accommodate the amended. required recreational facilities must be dedicated and bonded with respective lot phases. Cash contributions do not fully address the fiscal impacts projected by the model 11.1 Administration Building. Was the Agreed, and the proffers have been so proffer intended to read "contribute to the amended. Board the sum of $79 per dwelling unit"? Please clarify. 15.1.1 Was the intent of the road design to Landscaped medians, where it is possible to provide for raised landscaped medians on construct them, will be determined upon final Coverstone Drive? Please clarify. road design. An 80' right-of-way does not, as a general rule, provide for significant landscaping area, and for safety reasons what landscaping may be provided consists of grass and low -growing shrubs. 15.1.1.1.1 Phase 1 for Coverstone Drive. Please see the foregoing response to the first E&S Code will require this road section to be comment. The Applicant proposes a proffer built prior to issuance of building permits. similar to others that would permit the Bonding rather than building the road is not construction of the community center and appropriate. E&S Code supersedes this proffer model homes. statement. 4-lane road section should be completed prior to issuance of building permits. (00015873.DOC / 1 Response letter 100405 000145 000020) Response Letter Carpers Valley October 4, 2005 Page 3 of 4 5.1.1.1.2 Phase 2 for Coverstone Drive. Same as above in terms of bond vs. Please see the foregoing response to the first comment. The trigger of the 4501h unit was completion. Building permits will not be issued removed after the total number of units was without the road constructed. Previously, the dramatically reduced to 550, and the need for proffer stated that the 4-lane section would be completion by that point was alleviated. The constructed prior to the issuance of residential full section would be constructed in connection permit 451; why has this trigger been removed with the initiation of the commercial from the proffer? development, as the proffer is currently drafted. 15.1.1.1.3 Seeking clarification -- Is the This proffer has been modified to make it plain $1,000 per residential unit contribution that the money may be used by the County for intended to cover the road construction costs of road work not included in this rezoning. We solely Coverstone Drive Phase 3? Proffer have also modified the proffer to reflect the should be clarified so that funds are not used to ability to relocate Coverstone Drive Extended construct the road in Phases 1 or 2. in the event that the Applicant is able to obtain right-of-way therefor from the Airport, and the County and VDOT approve the realignment thereof. 15.2 When would road be completed? Prior The proffer has been amended to provide for to the issuance of the first building permit for completion prior to the occupancy of the GSA non-residential use? facility on site. 15.7 This new proffer item preserves the The proffer has been amended such that the existing Golf Course entrance on Route 50. Applicant would align its entrance across from This entrance is located too close to the future Inverlee, with that road, if it acquires the right- Inverlee intersection, and therefore could be a of -way necessary to do so. It would, in that traffic hazard. Consideration should be given case, also close the existing entrance to the to eliminate the existing entrance and utilize Golf Course. Without control of the land, the future Inverlee intersection. however, it is not possible to commit to more. 15.8 The revised GDP indicates that This language has been removed. Coverstone Drive would intersect with Prince Frederick Drive without crossing the Airport property. Why does the eminent domain statement exist since the applicant has indicated that all necessary right-of-ways have been acquired? {00015873.DOC / I Response letter 100405 000145 000020) Response Letter Carpers Valley October 4, 2005 Page 4 of 4 15.12 Provide clarification that all future TIA Done. identified improvements will be constructed by the applicant. 5.13 Who would construct the identified The Applicant concurs, and the proffers have necessary TIA improvements? been revised. You will need to secure VDOT approval of the Acknowledged. revised proffer statement. I would also note that I have not received a copy of the revised design manual on which to offer comment. Please address these concerns ASAP, and resubmit a final version of the signed proffer statement by Tuesday at noon. After such time, the staff report for the Board of Supervisors meeting will not reflect any other changes to the application. Sincerely, WALSH, COLUCCI, LUBELEY, \ EMRIQM& TERPAK, P.C. Foote JHF/ame Enclosure Revised Proffer Statement cc: John Conrad Chuck Maddox Patrick Sowers Jim Vickers \\WCMN I \DATA\W DOX\CLIENTS\000145\000020\let\00015873.DOC {000 I 5873.DOC / 1 Response letter 100405 000145 000020) L� 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: JGR Three, LLC anaging Me b- The foregoing instrument was acknowledged before me_ this, 7 7 day of , `� 'r 1� t0 , 2005, by . •A "-')Arn Q}— My commission expires. Notary Public 12 0 Ellen, LLC Its Wanaging Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrumper t was acknowledged before me this day ofl 2005, by �) �'�r11'\ P My comrnission expires j ;� '"i 7cr) NotaryPublic 13 1] 6 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: LCR,LLC Its 1Vlanaging Member j The foregoing instrument was acknowlRg ed before me thisZ day of ,_� J Yt �� , 2005, by i nch� My coinnussion expires far Notary Public( 14ti Ll,1Ga�'?; 14 1] MDC Three, LLC By ,6La4�--w/- Its anaging Member STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing imstrument was acknowledged before me this i" clay 2005, by t:a�-+;���n Q? jnu;"1 1_! 1 MY commission expires ' �^ r, r Notary Public 15 E • STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Susan Sanders, LLC By c Its anaging Member _ Tru he foregoing instment was acknowledged before me this 77' `'day of l ..e 2005, by ,. 1'1 t� ui <S�_d 1 lTy- My comp nission expires Notary Public 16 0 0 Liberty Hill, LLC STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this?.) day 2005, by —P,1 C A-og ;" a -P-; . - E C1L My commission expires )! (XI NotaryPubhc �G/�'`�C "51 ?b l 17 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled eedd before me this(�,7 lday of , i _r: �t © , 2005, by �r',�l'i^ f My commission expires.��' Notary Public �—W li �y,� 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was aclmowledaQd before me this��°day of uyo , 2005, by i �YIC�it� i Myconunission expires < <,91 e(2) a Notary Public} 19 0 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this=>day 2005, by ')1c, %� My commission expires Notary Public �_ Mvu've / 1- 20 �J • STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 4 Gregory L. ( v r t ne The foregoing iastrument was acknowledged before me thiQ2nay ofD,o IU , 2005, by My commission expires 1 "� Notary Public 21 0 • t- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowled ed before me this Z_/y_")day of,, N p ` Q , 2005, by�- My commission expires Notary Public 22 0 G. Dick STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: — The foregoinginstrument was acknowledged before me this day Of 2005, by fd C. My commission expires QDC�\ �2na-1 Notary Public 23 L� • STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Donna C. Dick The foregoing instrument was acknowledged before me this(, L" ay of LD 2005, by-lbo,Qn CL M,(� Mycommission expires Notary Public _ Q 24 E STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acl mowledged before me thiZli day 2005, by My commission expires Notary Public (?In ggp�-n 25 May 19 OS 01:01p OR A WINCHESTER 5 E5-0493 p.7 Special Limited Power of Attorney County of Frederick, Virginia Fred"ick Fhuning Web Sife: www.en.fr eric�U5 Department afP[anning.& Development, County ofFrederick.V� 107 North Kent Streets f'Viuchesier, Virginia 22601 g'wi, Phone 540-665-56S1 Facsimile 540-665_6395 Know All Men By Those Present: That I (We) (Name) L.iber N, hill, LC c/o Richard G. Dick (Phone) 540-662-1287 (Address) 1600 Millwood Pike Winchester Virginia, 22602 the oWner(s) of all those tracts or parcels of land ("Froperty�) conveyed to me (us), by deed recorded in the Clerk's Os�ice of the Circuit Court of the County ofFrederick, Conve ia, by Instrument Number 040011 820 and is described as Parcels: 83A, 86, 87, 87,4 Lot: —Block, A Tax Map/Section: 4 Subdivision: do hereby make, constitute and appoinf, �— (Name) Patton Hams Rust &Associates, c (Address) l (Phone) 540-667-2139 1 , E. Piccaai1l,, Qf - 4 c-.'-- ---. And (Address) _ To act as my true' and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I ()1•e) would have if acting personally to Property, including file planning applications for my (our) above described X Rezoning (including proffers) Conditional Use Permits X Mast& Development Plan (Preliminary and Final) Subdivision Site Plan My attomey-in-fact shall have the authority to offe conditions excapf as fellows: r proffered conditions and to make amendments to previously a rove pP d proffered This authoriation shall expire one year from the day it is sig ned' gned' or until it's othenvisG rescinded or In witness ihereof, I (we) have hereto set my (our) hand and seal this 4ignature(s} I!� / 1 LAdaylff~ State V' � of rrgi.,ia, City/Cc uity uf_ Dy Inan�' T wit: afaresaid certify that the person(s) who signed to the fore Dirt a Notr_tary Public iu and for the jurisdiction and bas acknowledged the same before me in the jurisdiction afore aidd this � o ll lappe oOt e m 2005 �AL(10 Nntary P„hti� , _ Ivfy Commission Expires:_ Olp Mai 19 05 12,58p WRA WINCHESTER EwG65-d493 F'' ;- SP Ed ak Unifted PO Wee of Attorney edernC11<sae1 Siva epmr'tr"ent Of P'Iwnning l r;eCI�Pmexai, C a�� nt es rich, Trir aabast, 107 North gent Stre04 Wiacbesder,, irit7, 226J1. PhOm 540-66-5-5651 j'arsifle 540-66-9-6395 Know,-,,!] McD By These present: That I(We) - (Name) Richard G. and Lonna (il A,?- o....t---- fhe oumer(3) of all those tract or paroetS oflara ("Property") ca;M�y'ed to me (us) �y de=d recorded in the C lerk's t-95ce of tJ`re Cir! tit Court of the Coanty of Freder' Vugtnsa, by Deed book 568 an Page 769 __—_— and is descrii•.ed as Parcel: ?? Tot. Mock 4 Se do he'rebyimake, cc, nstitute and appei tt: Section: �> —�ubd isiz>n: ---�_ {Name -_upon Harris gust & A, suciatns pc - --(P#tanej 54U-i:47-.2135 (Address), 1 t 7 E. Pic" dirty StreettSuity 2UU. a ��6�J1 ^rurr-hest .r. 4`ni-- And----- -- --__—._--- (Address i To act as -M) true and la WU artorrey-in'.fact for and iu my (our s r��, �,Ias e, and stead �vitl� FBI` power and eratho-AY, i f including would have if a.cth g piersond'ly to file eiwmT'ug applications fov my (oa-rj at�ove ze; ibe,3 Pznpe_ 6y, including X_ Rezoning (including proffets) Condsfiondl Use PermIits X A-Ta.9 ter DoytIopmep_i Man (Ifrelisnirs .ry and lv nal) ' Site l'i2n hsy attorne s sr -Pa•^:: shall have -lie authority to �.ffrr pro feted candifions and tomat e �s:rn3rnen f... ,rim ,.>t�•,pP=ot'cd Profferedconditions except as follat, :"Abblyzatibli Shall e_'pire one Dear fram the day it is signed, or until it is others;is r,•s c modsfiecl - cinde' or L�':'t+"ess tl:e:eof, I (we) have. hereto set my (our) hand and seat this �i�ilanu•ers �` ''� Mate of �lirgiria, City/Couniy of Ayl 3?�icsa- Cam, ,a Notary Public in and �c?rt juHsciictican ertifj t>iae the gersan(s) Who shed to the fore a .and has .. CE—lowledged the same before nic it g stg tns rurrPent parsona,Jy appeared before. me `he jzkisdicticm aforesaid thisclay of + )�` 'r J (`1 r 1 M r Corra�issiou E: j I`oia:y PL�J1Fc �piTeS: n [ Zoo -- may 19 05 01:15p 0R WINCHESTER 54*85-0433 p.2 Special Lilulted Nwer of Attorney County of Frederick, Virginia Flred eeack dining Web Site: ,f�w � a.ffred�a ict3c a s�>us Deparhnent of planning & �eveloptnent, C®unty of Frederick, Virginia, 107North Bent Street, Winchester, Virginia.22001 Phone 540-665-55651 Facsimile 540-665-6395 I{now All Met; By Those Prescnt: 'That I (We) (game) Tim odly 7, Dick(c/o Richard G. Dick (Phone)540-662-1287 (Address) 1600 Millwood Pike, Winchester. Vir inia. 22602 the owner(s) of aflft those tracts or parcels of "and C�Propert- ") conveyed to me {us), by deed recorded in the Cleric`s OrT[ce 6fthe Circuit Court of the County of Frederick, Virginia, by ->> Instrument Number 040011820 and is described as Parcels: 83A, B6, 87 87A Lot: Block: A Tax Ma /Section; 64 . P � Subdivision: do hereby make, constitute and appoint: (Dame)_ Patton Hairs R„rt k- (Address) 117 E. Picc dilly Street, Suite 200- %`fincheste , 2 -------�___ r Vir trig 2�601 - And (Marne) Walsh Coiucci.. Lubeie . Enuich & Ternak PC _ (Phone) 703-6$0-4664 (Address) Glen Park 1. 4310 Prince Vidliam Parkwn• Suite 300 Prince luiiliam. Virginia 22192 To act as my true and lawful attorney-m-fact for and h my (our) .name place, and stead with fntll po5- and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, i-icluding T Rezoning (including proffers) Conditional Use pt-rtnits X Master I,evalopmeni Plan (Preliminary and Flaal) Subdi«si6n 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 follot�s: This authorization shall expiry one ,year from the day it is signed, modified. or tuttil it is otherwise rescinded or In wi ess't: eof, I (Wd) have hereto set my (our) hand and seal this day o , 200i Signature(sj Mate of Virg nia /courtn of To -wit: y r 7na nl�o��i aforesaid, certify that the person;;) who si ned to the fore oiud a Notary Public in and for the jurisdiction i. before me in the jurisdict on aforesaid this P`r one appeared bj re Ie and has acknowledged the ran -2� day of.�1� / 2G(i5 Not - Public hl} Cow^ ssit�n Expires: ' May 19 05 01: Isp •A WINCHESTER 54 S5-0493 SPIMIZI Limited Power Of Attorney Virginia COuntY Of Frederick, Freder.ck,pj.qvK,I.ag Weo 0eP'1rtznL'at Of Pi-fiRning & Devel"P.121C324 Ct,)?Mf,31 of'.r, redeyjtk N, ,.-th Kpac to PhO3U-- 54a-"5-5651' p,miM& Know.kH 1,4ctj By -Fho; se Present: Thal I (We) MkI.M21 E. Dijc/a nicliard G. Dick' - "PlIc5ne 25 40 12 6 ;Address) 1600 — ----- life Owu� Yirp,nia. 22602 ��S) Of all those tracy s Or Parcels of larad ) wuvvvod to - !"Pro prty,,- -,qe Ns)! by deed recorded-�a of he ciicu4t Cour� oft�le COILUty of F' dexi 'r, tht, Clerk's Office 'ek, v! InStrwnomt Xxaber 04 001 IS) 0 and is descn, -d as Parcel: 8*3A- 8G, 97, 87A Lot, A Tay MapiSect.ior64 (10 hereby make, and appoi-ot: (Narri6) PattOTI P —, P, A --- (Address) —j 1 -7 And (Namtl— —I'Valsh. C,,,u--j- To act as rUIv true and Jav TW attorney-i-tI-fact. far and 11111 an,y I vic _ ,a Y(L)L'Tl na-yllt PIZ:.,-- )zd stead with fill! paws i �Md tL,ori ve if ac�ing personalY �offle 7 Prone ty jlcati,ns fminchding jy a) above described x Rezoning (including prgffer.%, C011ditiO1221 :se pu'rnifts M-19ter Developnielit Plum Lpyc-- SUbdivision ;'MMIMU'l and Fiwql) She Plan con ditiD, 0 r)1. 'ous ns except zq f0how§. r_ 1, - - v, IY a,!470v�d Py-c-ifBred This authojjzati0,,—, expire one year from the day it is ski or up.41 it ;s othemise inodified, rescirded Jr In Wiffics$ tbC,,r(.,Of, I fwe? h;lvr- . 14h --ta NoLary d, CerffY thaT ffle person.'s) -;Vho Signed t . IR-ab' lic in and for the jurisdicricn as aokmo�Ije�.p:,d the. Sam;,- Z, M9 nstranit"at -p er - all and h, 3 thf, fore-oi 1 ejpp-&aj.ed ere mi� - r �ejurisdictiOn aforesaid this I I i �2fbze n�,e in the —d, 2005 UJW . C:-') 0 p.3 May 19 05 01:16p *I A WINCHESTER 54�65-0493 p-4 Special Limited Power of Attorney COUnty of Frederie�, Virginia Frederick Planning Web Site. Ma—w- Pa ent af�,?aa�nin� 107 No&-00velopment, County ofFred6lick, Virg, rtia Xent StreeQ '% �nehes ter, virgwx Z2601 ,Phone 540-665-5651 Farsimfite 540-665,6395 Know All Men EY Those Present: That I (We) (Name) ThDrnas A. Dick(c/o Richard G. Dick) (Phone) 554�_ 1287 (Address) 1600-Millwood Pike, V;inchester,-Virainia. 2 G02 the. owners) of all those tracts or parcels of land ("Property") conveyed to me us b* Clerk's t�ifice of the Ci�*suit Court of the County of Frederick, Virg ( ), y deed reC6rded in the Virginia, by Instrument lvLl 0400118 20 and is describc d as Parcels: 83A, St,, 87 97A I oC`L'•Iock: A Tax lvtap/Section: 54 de hereby 5ubdivision: ma%_e, constitute and appoint: (Phone) 540-667-2139 (Address) 117— F. Pircadilly Sri net Suite 200, Winehe , sfer. �%ir trite L2601 And (Address) To act as nzy truw acid lawfirl attornev-in-fact for and In rny authorLty I (we) N ould have if acting personally, to file p an (Our) )ante, place, and stead with full po��er and Property, including g applications for rny'(our) above described Rezoning (including proffers) Conditional Use Perirufs Master Development Plan (Prelirninary and Final) Subdivision Site PIan My attorney -in -fact shall have the authority to offer proffered condition; an�1Ce aTnendments to ureviausl a . , conditions except as follo�,s: d to r r Fproved proffered This authorizatio shall expire one year fi m the day it is signed, or until it ;` otherwise rescinded or modified In witness --of, I ��— and and seal this day of _005 Sizuturc(O I f State of Virginia, CitylCounty of l C C (� Tn-"ot: c—L aforesaid, Certify that she ersan who sitr a. Notary Public in and for the jurisdiction and has acknow �� p be bind to the dicii oing mstiizin6.ntpersonaily appeared b ore F ledge .tee sa+ ae before me in the jurisdiction aforesaid this � �1 _day of � 2005 Notary Public ;rt)' Cernrnission E cpires . _ P , 80 i �; V 1 e� • 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 540-665-6398 Know All Men By Those Present: That I (We) (Name) Gregory L. Coverstone (Phone) 540-662-3149 (Address) 334 Highbanks Road Winchester Virginia 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as - Parcel: 82 Lot: Block:. A Tax Map/Section: 64 Subdivision:. do hereby make, constitute and appoint: (Name)_ Patton Harris Rust & Associates pc (Phone) 540-667-2139 idress) 117 E. Piccadilly Street,Suite 200 Winchester Virginia 22601 And (Name)_ Walsh. Colucci, Lubeley. Emrich & Terpak P.C. (Phone) 703-680-4664 (Address) Glen Park I, 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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,) have hereto set m (ourd and seal this r� day of 2005 Signature( of Virginia, To -wit:_ c`,f I, �t ' 0 1 IQI V r i o SFr 1 S�.i' a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this .7 C3 day of -1 '0 0,V 2005 My Commission Expires:. Notary Pnhlir. —f" —I— • 0 GY` Special Limited Power of Attorney County of Frederick, Virginia Frederick PIanning Web Site: www.co.frederick.ya.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) Constance L. Tioumas (c/o Gregory Coverstone) (Phone) 540-662-3149 (Address) 334 Highbaaks Road, Winchester Virginia 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Hams Rust & Associates pc (Phone) 540-667-2139 ldress) 117 E. Piccadilly Street, Suite 200 Winchester Virginia 22601 And (Name) Walsh. Colucci. Lubeley. Emrich & Temak PC (Phone) 703-680-4664 (Address) Glen Park I.4310 Prince William Parkway Suite 300 Prince William, Virginia 22192 To act as my true and lawful attomey-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) Subdivision 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: 1 ms aumorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, e) have hereto set my (o"nd and seanthis � day of k 2005 Signature(s ( of^Virginia, CitylcuRf W, Ean-{ To=wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing.instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this Z7n day of MCA , 2005 i�Lf �r My Commission Expires: r-t i t 2co7 Notary Public f 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) Cynthia Ann Pappas (c/o Gregory L. Coverstone) (Phone) 540-662-3149 (Address) 334 Highbanks Road, Winchester, Virginia 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 962 on Page 0390 and is described as Parcel: 82 Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 Adress) 117 E. Piccadilly Street, Suite 200, Winchester Virginia 22601 (Name) Walsh, Colucci, Lubelev. Emrich & Terpak P.C.(Phone) 703-680-4664 (Address) _ Glen Park I. 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision 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 of modified. In witness thereof, )have hereto set n r) hand angeal this .. 5;�C)_ day of 2005 e of Virginia, City/Wunty of 1 �1()�(j S fi �t To -wit: I��C�C�Y \ l h f}'S u I> a Notary Public in and for the jurisdiction aforesaid certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of` 2005 c���2t7 My Commission Expires: 2000 1.T..+.._.. 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) Ellen, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: -lame) Patton Harris Rust & Associates, pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 (Name) Walsh, Colucci, Lubelev, Emrich, & Temak, PC (Phone) 703-680-4664 (Address) Glen Park I, 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision 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 Zt day of i1 16 , 2005 t orate of Virginia, City/County of _ �1� To -wit: k )Gh l 6. �A 15<,op J —►— I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 9 P " day of MaU , 2005 11ri1('i.%C�7 • 0 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) MDC Three, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: Tame) Patton Harris Rust & Associates -pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200, Winchester Virginia 22601 And (Name) Walsh. Colucci. Lubelev. Enrich & Terpak PC (Phone) 703-680-4664 (Address) Glen Park I, 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attomey-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. _ j ` In witness thereof, I (we) have hereto set my (our) hand and seal this day ofNW , 2005 n I C�Qnature(s OLate of Virgilfia, City/County of w nCAQ541611_ To -witty h n I Ma6)a MQV_T� S Or-N ,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b ore e and has acknowledged the same before me in the jurisdiction aforesaid this `�, '*5 day of � 2005 `✓V V L( AlEilr1`U \ IrrnY;,A%l r,r_.nT------ -.__. C Kllr7' P 7.?I/M • C 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) _Susan Sanders, LLC (c/o John G. Russell III) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: -ime) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street,'Suite 200 Winchester. Virginia 22601 And (Name) Walsh, Colucci Lubeley Emrich & Temak PC (Phone) 703-680-4664 (Address) _ Glen Park I, 4310 Prince William Parkway Suite 300 Prince William Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision - 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. -7 r , In witness thereof, I (we) have hereto set my (our) hand and seal this` �`7 day of2005 " -nature(s State of Vv City/County of l �V i ncw�Ae*— L61 6)1 I; 1 ` int"'1 mil Co orri Si r a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this y day of . 2005 . mil Y i �� . � _ ( Ylrl � ,,,,,.-._ _ _ _ _ r/1 � .. • I .�. n. r711nr7 0 • 1 G� 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) LCR, LLC (c/o Linda C. Russell) (Phone) 540-667-4638 (Address) 407 S. Washington St., 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 040011820 and is described as Parcels: 83A, 86, 87. 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: (' -Name) Patton Hams Rust & Associates pc (Phone) 540-667-2139 1 (Address) _ 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 (Name) Walsh, Colucci, Lubeley, Emrich, & Terpak PC (Phone) 703-680-4664 (Address) Glen Park h 4310 Prince William Parkway Suite 300 Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision 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. r / In witness thereof, I (we) have hereto set my (our) hand and seal this day offbCtLl , 2005 ci date of Virginia, City/County of To -wit: ncb c6ac 11 I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared b f re me and has acknowledged the same before me in the jurisdiction aforesaid this 2 day of, 2005 1 l r0 nr, .��1 I-VIII .nrj^,-. 11 . . - . V) r ,-i I fir , ?/_' 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) _ JGR Three, LLC (c/o John G. Russell III) (Phone) 540-662-1287 (Address) 1600 Millwood Pike Winchester Virginia 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number 040011820 and is described as Parcels: 83A, 86, 87, 87A Lot: Block: A Tax Map/Section: 64 Subdivision: do hereby make, constitute and appoint: ame) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street, Suite 200 Winchester Virginia 22601 And (Name) Walsh, Colucci. Lubelev Emrich & Temak PC (Phone) 703-680-4664 (Address) Glen Park h 4310 Prince William Parkway Suite 300 Prince William, Virginia 22192 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attomey-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 .ZH 4' day of., 2005 , ,nature(s) State of vfginia, City/County of _W t ocks-� To -wit: ' oh n 6. LSef l ) I ► _lam Q�1 t ' '��l a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before In e and has acknowledged the same before me in the jurisdiction aforesaid this day of 2005 OUTPUT MODULE APPLICANT: Carpers LAND USE TYPE R4 REAL EST VAL $42,522,200 FIRE & RESCUE = 6 Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $294,899 $0 $0 $294,899 $393 Elementary Schools $1,697,704 ---- ---- Middle Schools $918,083 $254,284 $1,234,389 $1,488,673 $1,320,939 $2,346,253 $3,128 High Schools $1,051,406 ---- ---- Parks and Recreation $702,673 $158,359 $158,359 $140,516 $562,156 $750 Public Library $122,159 $34,165 $34,165 $30,315 $91,843 $122 Sheriffs Offices $72,299 $97,056 $0 $14,766 $111,822 $99,223 $0 $0 Administration Building $92,783 $0 $0 $0 $92,783 $124 Other Miscellaneous Facilities $118,371 $187,021 $206,483 $393,503 $349,166 $0 $0 SUBTOTAL $5,070,376 $538,360 $1,440,871 $207,290 $2,186,522 $1,940,159 $3,130,217 $4,174 LESS: NET FISCAL IMPACT $0 $0 $0 $0 $0 NET CAP. FACILITIES IMPACT $3,130,217 $4,174 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Cc Avg: 0.0 Rev -Cost Bal = 0.661 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg 0.887 -------------------------------------------------- METHODOLOGY: 1. ----------------------------------------------------------------------------- ----------------------------------------------- Capital facilities requirements are input to the first column as calculated in the model. --------------------- ---------------------- ----------------------- -------------------- 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 07/04/05 ERL Project Description: Assumes 750 Dwelling Units (488 Multifamily/262 Single Family Attached - 65%/35%) and 0 square feet of commercial on 281.5 acres. RA to R4 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I OUTPUT MODULE APPLICANT: Carpers LAND USE TYPE R4 REAL EST VAL $32.890,000 FIRE & RESCUE = 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $231,422 $1,390,749 $792,693 $897,197 $551,422 $95,864 $56,736 $72,812 $92,892 $4,181,787 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $231,422 $421 $212,220 $1,030,198 $1,242,418 $1,014,740 $2,065,899 $3,756 $124,272 $124,272 $101,499 $449,923 $818 $26,811 $26,811 $21,898 $73,966 $134 $71,174 $0 $11,588 $82.762 $67,596 $0 $0 $0 $0 $0 $72,812 $132 $137,149 $151,421 $288,569 $235,688 $0 $0 $420,543 $1,181,619 $162,671 $1,764,833 $1,441,420 $2,740,368 $4,982 $0 $0 s0 SO $2,740,368 $4,982 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCE 1.0 1.0 Ratio to Co Avg -------------------------------------------------- METHODOLOGY: 1. ------------------------------------------------------------------------------------------------------------------------------------------------- --- Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments upfront. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 09/30/05 ERL Project Description: Assumes 550 Dwelling Units (275 Multifamily/275 Single Family Attached - 50%/50%) and 0 square feet of commercial on 281.5 acres. RA to R4 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0.609 0.817 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 0 • REZONING: PROPERTY: PROFFER STATEMENT RZ. # 11-05 : 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. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC Carpers Valley June 24, 2005 July 6, 2005 September 7, 2005 September 28, 2005 October 4, 2005 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant' as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated September 1, 2005 , sheets 1-4 of 4. (00014467.DOC / 4 Proffers As Revised 000145 000020 } ,aV &oA At. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 1.2 All development, including street landscaping, shall be accomplished in substantial conformance with the "Design and Development Standards for Carpers Valley," prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, § 165-82, Sections A through D inclusive, and § 165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.4 Except as modified herein, areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Planted Community ("R4") zoning district, including pei7nissible 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. 1.4.1 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 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. 100014467.DOC / 4 Proffers As Revised 000145 000020) 2 9 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 no such request is made within 24 months following Final Rezoning, such property may be employed by the Applicant for commercial and employment uses as otherwise provided in these Proffers and depicted on the GDP. 3.4 Upon written request therefor fiom 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 Applicant may use the aforesaid nine acres for commercial or employment uses. Access to the site shall be constructed to base 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 any residential land bay beginning in the twenty-fourth month following Final Rezoning. (00014467.DOC / 4 Proffers As Revised 000145 000020) 3 • • 4.1.2. The Applicant may obtain building pen -nits for not more than 140 residential units in any residential land bay 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 in any residential land bay 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 any residential land bay 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 Community -serving 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. 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 not later than the end of the fourth year following Final Rezoning. 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. 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 {00014467.DOC / 4 Proffers As Revised 000145 000020) El be in the locations generally depicted on the GDP. To the extent that such trails are not depicted on the GDP at the time of Final Rezoning, such trails shall be connected with or linked to the internal street and sidewalk network. Sidewalks shall be constructed on public streets to VDOT standards, and a minimum of four -foot sidewalks shall be constructed on private streets. All combined pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. 7. FIRE & RESCUE: 7.1 The Applicant shall contribute to the Board the sum of $422 per dwelling unit for fire and rescue purposes, payable upon the issuance of the first residential building permit for each such 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 volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. 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 such 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 such unit. IT111WRYSTWIVIam 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 such unit. 11. ADMINISTRATION BUILDING: (00014467.DOC / 4 Proffers As Revised 000145 000020) 5 11.1 The Applicant shall contribute to the Board the sum of $79 per dwelling unit to be used for construction of a general governmental administration building upon issuance of a building permit for each such 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 all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, and stor nwater 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 entire 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 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. (00014467.DOC / 4 Proffers As Revised 000145 0000201 on 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") which shall be sub- association(s) of the master HOA. 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 storrnwater 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: 13.1 The Applicant shall be responsible for comiecting 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 stormwater control in existing Virginia law at the time of construction of any such facility. (00014467.DOC / 4 Proffers As Revised 000145 000020) 7 0 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 residential units within the 65 Ldn zone. 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 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed to base asphalt and open to the public as a full four -lane section to the Phase 1 line. Notwithstanding the foregoing, building permits may be issued for model homes and the community center prior to base paving. (00014467.DOC / 4 Proffers As Revised 000145 000020) 3 • 15.1.1.1.2. Phase 2 shall consist of construction of a two lane section of Coverstone Drive from the Phase 1 line to Prince Frederick Drive as depicted on the GDP. This two lane segment shall be completed or bonded for completion prior to the occupancy of the first commercial building in Land Bay 2. The Phase 2 segment shall be completed or bonded for completion to a full four lane section when construction of relocated Route 522 commences or when construction thereof is necessary to service commercial development in Land Bay 2. 15.1.1.1.3. Notwithstanding any other provision of these proffers, for Phase 3, the Applicant shall design Coverstone Drive Extended as a four - lane section from Prince Frederick to Relocated Route 522 when the aligmnent of Relocated 522 has been detennined 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 constriction 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 pennitted 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 right-of-way shall be dedicated upon written request therefor. 15.2 Notwithstanding any other provision of these proffers, if the General Services Administration locates a federal facility on the Property, the Applicant shall construct Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive prior to occupancy of that facility. 15.3 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike to Coverstone Drive, (00014467.DOC / 4 Proffers As Revised 000145 000020) 9 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. 15.4 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. 15.5 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 six (6) months 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 $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. 15.7 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 right -in right out connection. 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. 15.8 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. 15.9 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 15.10 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 (00014467.DOC / 4 Proffers As Revised 000145 000020) 10 0 0 the Applicant in accordance with the recommendations of the approved TIA for the Property. 15.11 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. 15.12 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 detennine what improvements, if any, shall then be required to accommodate the additional traffic and shall construct those improvements. 15.13 If the Airport Reserve Parcel shown on the GDP is developed a revised Traffic hrlpact 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 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 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 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 (00014467.DOC / 4 Proffers As Revised 000145 0000201 11 i s • PROFFER STATEMENT P 3 0 REZONING: RZ. # 11-05 : RA to R4 PROPERTY: 281.5 Acres Tax Map & Parcels 64-A-82, 83, 83A, 86, 87, and 87A (the "Property") RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick; Constance L. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 September 7, 2005 The undersigned owners hereby proffer that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the Applicant ("Applicant'), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "Final Rezoning" defined as that rezoning that is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant' as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated September 1, 2005 , sheets 1-4 of 4. 1000 14467. DOC / 4 Proffers As Revised 000145 000020} • 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 1.2 All development, including street landscaping, shall be accomplished in substantial conformance with the "Design and Development Standards for Carpers Valley," prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, §165-82, Sections A through D inclusive, and §165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.4 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. 1.4.1 Residential development on the Property shall not exceed 550 dwelling units, with a mix of housing types pennitted 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 fiom 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. {00014467.DOC / 4 Proffers As Revised IPA 000145 000020) 0 0 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 no such request is made within 24 months following Final Rezoning, such property may be employed by the Applicant for commercial and employment uses as otherwise provided in these Proffers and depicted on the GDP. 3.4 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 Applicant may use the aforesaid nine acres for commercial or employment uses. 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 any residential land bay 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 any residential land bay beginning in the thirty-sixth month following Final Rezoning. {00014467.DOC / 4 Proffers As Revised 000145 0000201 • 4.1.3. The Applicant may obtain building permits for not more than 140 residential units in Land Bay 1 in any residential land bay 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 any residential land bay 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 Community -serving 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. 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 completed not later than the end of the fourth year following Final Rezoning. 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 confonnity 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 pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. {00014467.DOC / 4 Proffers As Revised 000145 0000201 M • 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 such unit. 7.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute annually, on or before July 1st of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land in public use), to the volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. 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 such unit. 9. PARKS & OPEN SPACE: 9.1 The Applicant shall contribute to the Board the sure of $343 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such 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 such unit. 11. ADMINISTRATION BUILDING: 11.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 12. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: (00014467.DOC / 4 Proffers As Revised 000145 0000201 5 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 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 entire 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 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") which shall be sub- association(s) of the master HOA. 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 (00014467.DOC / 4 Proffers As Revised 000145 000020) me 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: 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 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 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 100014467.DOC / 4 Proffers As Revised 000145 0000201 7 Applicant shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 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 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building pen -nit 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 base asphalt and open to the public as a full four -lane section to the Phase 1 line. 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 (000 1 4467.DOC / 4 Proffers As Revised 000145 000020) i 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 aliglnnent of Relocated 522 has been determined by VDOT. The Applicants shall pay to the County $1,000 per dwelling unit for the permitted residential units for future construction of Coverstone Drive Extended and/or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be paid at the time of building permit issuance for each of the permitted residential units. 15.1.2. The Applicants shall provide a fifty -foot right-of-way for a future interparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, for access to the National Guard Armory as shown on the GDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 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. 15.3 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 pen -nit such interconnection, subject to VDOT approval, at a point compatible with such extension of Inverlee Way. 15.4 The Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing southerninost 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. 100014467.DOC / 4 Proffers As Revised 000145 000020) OJ 0 • 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 six (6) months 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 $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. 15.7 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 right -in right out connection. 15.8 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, or if such right-of-way is not otherwise obtained and made available to the Applicant by governmental authorities either through donation, purchase, or the use of their powers of eminent domain. 15.9 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 15.10 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. 15.11 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. 15.12 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. (00014467.DOC / 4 Proffers As Revised 000145 000020) 10 15.13 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 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 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 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 100014467.DOC / 4 Proffers As Revised 000145 000020) 11 • 0 REZONING: PROPERTY: SEP 1 200 PROFFER STATEMENT RZ. # 11-05 : 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. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 September 7, 2005 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 which is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated September 1, 2005 , sheets 1-4 of 4. {00012115.DOC / 4 PROFPERS.doc (00001706-10).DOC 000145 0000201 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in confonnance 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 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential P1amled 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. 1.4 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 these residential Land Bays may comprise any of the permitted unit types identified for those Land Bays as set forth on the GDP and the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.4.1 Residential development on the Property shall not exceed 750 dwelling units, not including the workforce housing units' permitted pursuant to proffer 3 herein, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the GDP and as may be further set forth herein. 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. 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 2 • zoning district, the GDP as approved by the Board, and this Proffer Statement. 3. PROVISION OF WORKFORCE HOUSING 3.1 The Applicant shall coordinate with the Board or with such other public or private entity as the Board may direct, to provide workforce housing within the Property. For the purposes of these proffers "workforce housing" shall mean housing that is made available to resident home buyers whose household incomes are at or below 80% of the median income of the County at the time of their home purchase. 3.2 The Applicant shall provide not more than 35 workforce housing units in addition to the 750 units set forth in Proffer 1.4.1. 3.3 Subject to the approval of the County Administrator or his designee(s), workforce housing unit prices shall be established and adjusted according to the following guidelines: 3.3.1. The Applicant shall ascertain sales prices based upon a determination of all ordinary, necessary, and reasonable hard and soft costs required to construct workforce housing units by private industry in the immediate area of the Property, including the area's current general market and economic conditions. 3.3.2. Sales prices shall include, among other costs, provisions for builder -paid permanent mortgage placement costs, closing costs except for prepaid expenses at settlement, and other applicable costs resulting from proffers given and accepted through rezoning approval. 3.3.3. Sales prices shall not include the cost of land, marketing expenses, and extra finishes and amenities exceeding 10% of the total unit construction cost, including landscaping, unless otherwise approved by the Director of Planning. 3.3.4. Sales price shall include a 1.5% commission/finders fee to be paid to a real estate agent who secures a purchaser of a workforce housing unit. 3.3.5. The sales price of the workforce housing units shall be established such that the builder shall not suffer economic loss as a result of providing such units. Economic loss shall result when the builder fails to recoup the cost of construction, including site development and infrastructure costs, exclusive of the cost of land acquisition. 3 0 • 3.4 The Applicant shall provide the County Administrator with such data supporting its estimate as to a reasonable sales price for each workforce housing unit as the Administrator may require. The County Administrator shall be authorized to concur in the said sales price, or to make revisions thereto based upon the guidelines established herein, as he shall determine necessary to establish a fair and reasonable sales price for such units. 3.5 The opportunity to purchase these units during an initial six-month period following the issuance of building permits for each such unit shall be offered to and reserved for Frederick County sheriffs' deputies, Frederick County public school teachers, and any other Frederick County or School Division employees who have been so employed for not less than three years and otherwise satisfy the qualifications set forth herein. Following such period any units not sold to qualifying purchasers pursuant to this proffer may be made available for purchase by members of the general public who meet the requirements for purchase of such housing. In the event that no qualifying purchaser has acquired any workforce housing unit(s) within eighteen months of the issuance of occupancy permits therefor, those units may thereafter be sold as other units are sold. 3.6 The Applicant shall include reasonable provisions in the conveyances of workforce housing units, including restrictive covenants in the deed of conveyance therefor, that shall be enforceable by the master homeowners' association in order to maintain such units as workforce housing for not less than 50 years. 3.7 In the event that the County enacts an affordable dwelling unit ordinance pursuant to the provisions of Va. Code Arm. § 15.2-2305, then the administration of this proffer shall be effected pursuant to that ordinance without further action by the Board or the Applicant, provided that the number of workforce housing units provided herein shall be the maximum number of such units provided on the Property. 4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 4.1 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. 4.2 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. 4.3 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres to the Frederick County Board of 0 • 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 a minimum two lane section of Coverstone Drive from Millwood Pike (US Route 50) to the entrance to the Armory Site, prior to the construction start of the Armory facility. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed by the Applicant for commercial and employment uses as otherwise provided in these Proffers and depicted on the GDP. 4.4 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. 5. PHASING OF THE DEVELOPMENT 5.1 The residential portions of the Property shall be developed as follows: 5.1.1. The Applicant may obtain building permits for not more than 100 residential units in Land Bay 1 in the second calendar year following Final Rezoning. 5.1.2. The Applicant may obtain building permits for not more than 128 residential units in Land Bay 1 in the third calendar year following Final Rezoning. 5.1.3. The Applicant may obtain building permits for not more than 240 residential units in Land Bay 1 in the fourth calendar year following Final Rezoning. 5.1.4. The Applicant may obtain building permits for not more than 185 residential units in Land Bay 1 in the fifth calendar year following Final Rezoning. 5.1.5. The Applicant may obtain building permits for not more than 132 residential units in Land Bay 1 in the sixth calendar year following Final Rezoning. 5.1.6. The foregoing annual limits shall be cumulative, and residential building permits not obtained in any given year may be obtained in any succeeding year. 5.2 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. E 5.3 Community -serving improvements including a 4,000 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. 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 completed not later than the end of the fourth year following Final Rezoning. 6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 6.1 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. 6.2 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. 7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 7.1 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 and to adjacent properties. Said trails shall be in the locations generally depicted on the GDP. To the extent that such trails are not depicted on the GDP at the time of Final Rezoning, such trails shall be connected with or linked to the internal street and sidewalk network. Sidewalks shall be constructed on public streets to VDOT standards, and a minimum of four -foot sidewalks shall be constructed on private streets. All combined pedestrian/bicycling trails shall be 10 feet wide, and shall have an asphalt surface. 8. FIRE & RESCUE: 8.1 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 such unit. 8.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute aruivally, on or before July 1st of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land in public use), to the volunteer fire and rescue company providing first due service to the 6 Property. Such contribution shall terminate if and when such company converts to a frilly paid service. 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. 9. SCHOOLS: 9.1 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 such unit. 10. PARKS & OPEN SPACE: 10.1 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 such unit. 11. LIBRARIES: 11.1 The Applicant shall contribute to the Board the stun of $79 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 12. ADMINISTRATION BUILDING: 12.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 13.1 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. 13.2 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 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 7 association, the Applicant shall create a master HOA 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. If only one such HOA is created, it shall be the master I-IOA for purposes of these proffers. 13.3 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 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. 13.4 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") which shall be sub- association(s) of the master HOA. 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 all 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. 13.5 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. 14. WATER & SEWER: 14.1 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 comiection at the Property boundary. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 15. ENVIRONMENT: 15.1 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. 15.2 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. 15.3 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 residential units within the 65 Ldrn zone. 16. TRANSPORTATION: 16.1 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. 16.1.1. 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. 16.1.1.1. Coverstone Drive shall be constructed by the Applicant in phases as set forth herein: 16.1.1.1.1. Phase 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in sub -phases as delineated on the final master 9 0 • 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 based asphalt and open to the public as a full four -lane section to the Phase 1 line. 16.1.1.1.2. 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 issuance of the 4515' residential building permit. The Phase 2 segment shall be completed or bonded for completion to a frill four lane section when construction of relocated Route 522 commences or when construction thereof is necessary to service commercial development in Land Bay 2. 16.1.1.1.3. 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 intersection of Coverstone Drive and Prince Frederick Drive has been accepted into the State System of Secondary Roads, for construction by others. The Applicants shall pay to the County $1,000 per dwelling unit for the permitted non - workforce residential units for future construction of Coverstone Drive Extended and/or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be paid at the time of building permit issuance for each of the permitted non -workforce residential units. 16.1.2. 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, for access to the National 10 • 0 Guard Armory as shown on the GDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 16.2 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 frill four -lane section from Millwood Pike to Prince Frederick Drive. 16.3 The Applicant shall provide for future intercomnection with Inverlee Way when that road is extended south of Millwood Pike, 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. 16.4 The Applicants shall make no other connection to Millwood Pike than Coverstone Drive. 16.5 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. 16.6 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 fronds shall be paid within six (6) months of the issuance of the first residential building permit in Land Bay 1. 16.7 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. 16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance on Millwood Pile, to include closure of the corresponding crossover on Millwood Pike, when the existing golf club use ceases operation. 16.9 The Applicants shall use its best efforts to obtain any necessary off -site right-of-way requirccl 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, or if such right-of-way is not otherwise obtained and made available to the Applicant 11 • 0 by governmental authorities either through donation, purchase, or the use of their powers of eminent domain. 16.10 All public right -of ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 16.11 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. 16.12 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. 16.13 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. 16.14 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. 17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 17.1 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. 18. ESCALATOR CLAUSE 18.1 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 12 • contributions arc 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 CPI-U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON TIIE FOLLOWING PAGES 13 REZONING: PROPERTY: PROFFER STATEMENT RZ. # i/ -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. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATE: July 6, 2005 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 which is in effect on the day upon which the Frederick County Board of County Supervisors (the `Board") grants the rezoning. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners, assigns, and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "GDP") dated June 24, 2005 , sheets 1-4 of 4. 0 0 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in conformance with the GDP, and as is specifically set forth in these proffers. 1.2 All development, including street landscaping, shall be accomplished in substantial conformance with the "Design and Development Standards for Carpers Valley," prepared by PHR&A attached hereto and incorporated herein by reference (the "Design and Development Standards"). 1.3 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, § 165-82, Sections A through D inclusive, and § 165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.4 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 these residential Land Bays may comprise any of the permitted unit types identified for those Land Bays as set forth on the GDP and the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.4.1 Residential development on the Property shall not exceed 750 market rate dwelling units, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the GDP and as further set forth herein. Multi -family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of market rate dwelling units developed in the project. For purposes of this proffer, market rate housing shall be dwelling units sold or leased at the then -prevailing usual and customary prices for housing of a similar type and construction in the general Frederick County real estate market. 2 0 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. 3. PROVISION OF WORKFORCE HOUSING 3.1 The Applicant shall coordinate with the Board or with such other public or private entity as the Board may direct, to provide workforce housing within the Property. For the purposes of these proffers "workforce housing" shall mean housing that is made available to resident home buyers whose household incomes are at or below 80% of the median income of the County at the time of their home purchase. 3.2 The Applicant shall provide not more than 35 workforce housing units in addition to the market rate units set forth in Proffer 1.4.1. 3.3 Workforce housing unit prices shall be established and adjusted by the Applicant according to the following guidelines: 3.3.1. The Applicant shall ascertain sales prices based upon a determination of all ordinary, necessary and reasonable hard and soft costs required to construct and market workforce housing units by private industry in the immediate area of the Property, including the area's current general market and economic conditions. 3.3.2. Sales prices shall include, among other costs, provisions for builder -paid permanent mortgage placement costs, closing costs except for prepaid expenses at settlement, and other applicable costs resulting from proffers given and accepted through rezoning approval. 3.3.3. Sales prices shall not include the cost of land, marketing expenses, and extra finishes and amenities exceeding 10% of the total unit construction cost, including landscaping, unless otherwise approved by the Director of Planning. 3.3.4. Sales price shall include a 1.5% commission/finders fee to be paid to a real estate agent who secures a purchaser of a workforce housing unit. 3.3.5. The sales price of the workforce housing units shall be established such that the builder shall not suffer economic loss as a result of providing such units. Economic loss shall result when the builder fails to recoup the cost of construction, including site 3 0 development and infrastructure costs, exclusive of the cost of land acquisition. 3.4 The opportunity to purchase these units during an initial six-month marketing period following the issuance of building permits for each such unit shall be reserved for Frederick County sheriffs' deputies, Frederick County public school teachers, and any other Frederick County or School Division employees who have been so employed for not less than three years and otherwise satisfy the qualifications set forth herein. Following such period any units not sold to qualifying purchasers pursuant to this proffer may be made available for purchase by members of the general public who meet the requirements for purchase of such housing. In the event that no qualifying purchaser has acquired any workforce housing unit(s) within eighteen months of the issuance of occupancy permits therefor, those units may thereafter be sold at market rate as other units. 3.5 The Applicant shall include reasonable provisions in the conveyances of workforce housing units, including restrictive covenants in the deed of conveyance that shall be enforceable by the homeowners' association to which such units shall belong, or to any Frederick County governmental office or agency with responsibility for workforce housing that may hereafter be created, that assure their retention as workforce housing for a period not less than 30 years. 4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 4.1 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, and shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport for a period of eight years following Final Rezoning. 4.2 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 a minimum two lane section of Coverstone Drive from Millwood Pike (US Route 50) to the entrance to the Armory Site, prior to the construction start of the Armory facility. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed for commercial and employment uses as otherwise provided in these Proffers and depicted on the GDP. 9 • 0 5. PHASING OF THE DEVELOPMENT 5.1 The residential portions of the Property shall be developed as follows: 5.1.1. The Applicant may obtain building permits for not more than 100 residential units in Land Bay 1 in the second calendar year following Final Rezoning. 5.1.2. The Applicant may obtain building permits for not more than 128 residential units in Land Bay 1 in the third calendar year following Final Rezoning. 5.1.3. The Applicant may obtain building permits for not more than 240 residential units in Land Bay 1 in the fourth calendar year following Final Rezoning. 5.1.4. The Applicant may obtain building permits for not more than 185 residential units in Land Bay 1 in the fifth calendar year following Final Rezoning. 5.1.5. The Applicant may obtain building permits for not more than 132 residential units in Land Bay 1 in the sixth calendar year following Final Rezoning. 5.1.6. The foregoing annual limits shall be cumulative, and residential building pen -nits not obtained in any given year may be obtained in any succeeding year. 5.2 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. 5.3 Community -serving improvements including a 4,000 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. 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 completed not later than the end of the fourth year following Final Rezoning. 6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 6.1 All buildings on the Property shall be constructed using compatible architectural styles. The Applicant shall establish one or more 5 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. 6.2 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. 7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 7.1 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 and to adjacent properties. 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 all 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. 8. FIRE & RESCUE: 8.1 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 such unit. 8.2 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 owned or leased by the United States or the Virginia National Guard), to the volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. 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. 9. SCHOOLS: 9.1 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 such unit. r 0 10. PARKS & OPEN SPACE: 10.1 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 such unit. 11. LIBRARIES: 11.1 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 such unit. 12. ADMINISTRATION BUILDING: 12.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general goveriuriental administration building upon issuance of a building permit for each such unit. 13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 13.1 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. 13.2 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 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 entire 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. 13.3 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 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 7 platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 13.4 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") which shall be sub- association(s) of the master HOA. 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. 13.5 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 connnercial or other lots, or parcels, or otherwise granted to the POA by appropriate instrument. 14. WATER & SEWER: 14.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and 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. 15. ENVIRONMENT: 15.1 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 n- • 0 purpose of providing the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 15.2 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. The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement. The Applicant shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 16. TRANSPORTATION: 16.1 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. 16.1.1. The Applicant shall design Coverstone Drive as a full section with raised medians on an 80' right-of-way as determined by 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. 16.1.1.1. Coverstone Drive shall be constructed in phases as set forth herein: 16.1.1.1.1. Phase 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the GDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed as a full four -lane section to the Phase 1 line. 16.1.1.1.2. 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 X shall be completed or bonded for completion prior to issuance of the 451" residential building permit. 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. 16.1.1.1.3. As Phase 3, the Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Frederick to Relocated Route 522 when the intersection of Coverstone Drive and Prince Frederick Drive has been accepted into the State System of Secondary Roads. The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein) and/or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be escrowed at the time of building pen -nit issuance for each market rate unit, and shall be released to the County within 90 days of a written request by the County. 16.1.2. The Applicants shall provide the right-of-way for a fixture interparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, for access to the National Guard Armory as shown on the GDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 16.2 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. 16.3 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike, 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. 10 0 0 16.4 The Applicants shall snake no other connection to Millwood Pike than Coverstone Drive. 16.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing southenunost 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. 16.6 The Applicants shall place the amount of $75,000 in an escrow account for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such fimds shall be escrowed within six (6) months of the issuance of the first residential building permit in Land Bay 1, and shall be released to the County within 90 days of a written request by the County. 16.7 The Applicants shall place the amount of $150,000 in an escrow account for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be escrowed within six (6) months of the issuance of the first commercial building permit in Land Bay 2, and shall be released to the County within 90 days of a written request by the County. 16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance on Millwood Pike, to include closure of the corresponding crossover on Millwood Pike, at such time as the existing golf club use ceases operation. 16.9 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, or if such right-of-way is not obtained by governmental authorities either by donation, purchase, or through the use of their powers of eminent domain. 16.10 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 16.11 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. 16.12 All private streets and roads shall be constructed in accordance with the Virginia Department of Transportation standards therefor and as may be 11 modified by the County, and shall be owned and maintained by the homeowners or property owners association served by such streets or roads. 16.13 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. 16.14 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. 17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 17.1 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. 18. ESCALATOR CLAUSE 18.1 In the event the 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 CPI-U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGE 12 REZONING: PROPERTY: PROFFER STATEMENT RZ. # : 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. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 REVISION DATA: 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 which 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, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "MDP") dated June 24, 2005. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in conformance with the MDP, and as is specifically set forth in these proffers. 0 0 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 Except as modified herein, and except to the extent any portion of the Property is owned by the United States or any department of agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, § 165- 82, Sections A through D inclusive, and §165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.4 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 these residential Land Bays may comprise any of the permitted unit types identified for those Land Bays as set forth on the MDP and the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.4.1 Residential development on the Property shall not exceed 750 market rate dwelling units, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the MDP and as further set forth herein. Multi -family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of market rate dwelling units developed in the project. 1.5 Rental apartments and condominium units over retail and office uses shall be permitted. 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. 3. PROVISION OF WORKFORCE HOUSING 2 0 3.1 The Applicant shall coordinate with the Board or with such other public or private entity as the Board may direct, to provide workforce housing within the Property. For the purposes of these proffers "workforce housing" shall mean housing that is made available to resident home buyers whose household incomes are at or below 80% of the median income of the County at the time of their home purchase. 3.2 The Applicant shall provide not fewer than 35 workforce housing units in addition to the market rate units set forth in Proffer 1.4.1. 3.3 Workforce housing shall be made available at a price determined by the Director of Planning to be affordable by families with qualifying income. 3.4 The opportunity to purchase these units during an initial six-month marketing period following the issuance of building permits for each such unit shall be reserved for Frederick County sheriffs' deputies, Frederick County public school teachers, and any other Frederick County or School Division employees who have been so employed for not less than three years and otherwise satisfy the qualifications set forth herein. Following such period any units not sold to qualifying purchasers pursuant to this proffer may be made available for purchase by members of the general public who meet the requirements for purchase of such housing. In the event that no qualifying purchaser has acquired any workforce housing unit(s) within eighteen months of the issuance of occupancy permits therefor, those units may thereafter be sold at market rate as other units. 3.5 The Applicant shall include reasonable provisions in the conveyances of workforce housing units that assure their retention as workforce housing for a period not less than 30 years. 4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 4.1 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, and shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport for a period of eight years following Final Rezoning. 4.2 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres in Land Bay 3 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 MDP. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed for 3 0 0 commercial and employment uses as otherwise provided in these Proffers and depicted on the MDP. 5. PHASING OF THE RESIDENTIAL DEVELOPMENT 5.1 The residential portions of the Property shall be developed as follows: 5.1.1. The Applicant may obtain building permits for not more than 100 residential units in Land Bay 1 in the second calendar year following Final Rezoning. 5.1.2. The Applicant may obtain building permits for not more than 128 residential units in Land Bay 1 in the third calendar year following Final Rezoning. 5.1.3. The Applicant may obtain building permits for not more than 240 residential units in Land Bay 1 in the fourth calendar year following Final Rezoning. 5.1.4. The Applicant may obtain building permits for not more than 185 residential units in Land Bay 1 in the fifth calendar year following Final Rezoning. 5.1.5. The Applicant may obtain building permits for not more than 132 residential units in Land Bay 1 in the sixth calendar year following Final Rezoning. 5.1.6. The foregoing annual limits shall be cumulative, and residential building permits not obtained in any given year may be obtained in any succeeding year, subject to the maximum limitation on residential unit numbers. 5.1.7. 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. 5.2 Community -serving improvements including a community center and a neighborhood swimming pool, and a dog park shall be constructed in conjunction with residential development in Land Bay 1. The location thereof shall be depicted on final subdivision plans for such residential development. 6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 6.1 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 0 0 9 unified development plan in general conformity with the Design and Development Standards. 6.2 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. 7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 7.1 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 and to adjacent properties. 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 all public streets to VDOT standards, and a minimum of four foot sidewalks shall be constructed on private streets. All combined pedestrianibicycling trails shall be 10 feet wide, and shall have an asphalt surface. 8. FIRE & RESCUE: 8.1 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 such unit. 8.2 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 owned or leased by the United States or the Virginia National Guard), to the volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. 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. 9. SCHOOLS: 9.1 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 such unit. 10. PARKS & OPEN SPACE: 5 • 0 10.1 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 such unit. 11. LIBRARIES: 11.1 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 such unit. 12. ADMINISTRATION BUILDING: 12.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 13.1 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. 13.2 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 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 entire 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. 13.3 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 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. m 0 0 13.4 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") which shall be sub- association(s) of the master HOA. 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. 13.5 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. 14. WATER & SEWER: 14.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and 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. 15. ENVIRONMENT: 15.1 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. 7 15.2 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. The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement. The Applicant shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 16. TRANSPORTATION: 16.1 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. 16.1.1. The Applicant shall design Coverstone Drive as a full section with raised medians on an 80' right-of-way as determined by 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. 16.1.1.1. Coverstone Drive shall be constructed in phases as set forth herein: 16.1.1.1.1. Phase 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the MDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed as a full four -lane section to the Phase 1 line. 16.1.1.1.2. 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 MDP. This two lane segment shall be completed or bonded for completion prior to issuance of the 451s` residential building permit. 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. 16.1.1.1.3. As Phase 3, the Applicant shall design Coverstone Drive Extended when the intersection of Coverstone Drive and Prince Frederick Drive has been accepted into the State System of Secondary Roads. The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein). Such funds shall be escrowed at the time of building permit issuance for each market rate unit, and shall be released to the County within 90 days of a written request by the County. 16.1.2. The Applicants shall provide the right-of-way for a future interparcel connection from Coverstone Drive to the easteriunost property boundary line of the Property, for access to the National Guard Armory as shown on the MDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 16.2 Notwithstanding any other provision of these proffers, if the General Services Administration locates a federal facility on the Property, the Applicant shall constrict Coverstone Drive as a full four -lane section from Millwood Pike to Prince Frederick Drive. 16.3 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike, 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. 16.4 The Applicants shall make no other connection to Millwood Pike than Coverstone Drive. 16.5 The Applicants shall upgrade the existing signal at Sulphur Springs Road from a three- to a four-way signal. All improvements within the existing right of way of US Route 50 at this intersection including the signal 9 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. 16.6 The Applicants shall place the amount of $75,000 in an escrow account for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such fluids shall be escrowed within six (6) months of the issuance of the first residential building permit in Land Bay 1, and shall be released to the County within 90 days of a written request by the County. 16.7 The Applicants shall place the amount of $150,000 in an escrow account for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such funds shall be escrowed within six (6) months of the issuance of the first commercial building permit in Land Bay 2, and shall be released to the County within 90 days of a written request by the County. 16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance on Millwood Pike, to include closure of the corresponding crossover on Millwood Pike, at such time as the existing golf club use ceases operation. 16.9 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 camlot be obtained by it, or if such right-of-way is not obtained by governmental authorities either by donation, purchase, or through the use of their powers of eminent domain. 16.10 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 16.11 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 in accordance with the recommendations of the approved TIA for the Property. 16.12 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. 16.13 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 10 0 • 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. 17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 17.1 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. 18. ESCALATOR CLAUSE 18.1 In the event the 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 CPI-U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGE 11 JGR Three, LLC By Its Managing Member Ellen, LLC Its Managing Member 12 LCR, LLC Its Managing Member 13 0 • MDC Three, LLC By Its Managing Member 14 • 0 Susan Sanders, LLC in Its Managing Member 15 • • Thomas A. Dick 17 0 • Timothy J. Dick 0 r� Michael E. Dick 19 0 Gregory L. Coverstone 20 0 0 Cynthia Ann Pappas 21 r] Richard G. Dick 22 6 Constance L. Tjournas E • r� Miller and Smith Land, Inc. Its: 25 6 • Miller and Smith Coverstone, LLC LOW Its: J:\—I\MILLER AND SMITH FREDERICK\PROFFERS\PROFFERS 062405.doc WOR 0 / �Z February 6, 2006 John Conrad, Vice President Miller & Smith 8401 Greensboro Drive, Suite 300 McLean, VA 22102 Re: National Guard Armory - Property Dedication Dear Mr. Conrad: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us Pursuant to Proffer 3.3 of the Carpers Valley Rezoning, Frederick County is hereby requesting in writing the dedication of 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 Generalized Development Plan. In addition to the above request, said proffer further states that 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 (U.S. Route 50) to the entrance to the armory site. Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me at 540-665-6382. Sincergly, j f Jo R. Riley, Jr. County Administrator JRR/jet 107 North Kent Street 0 Winchester, Virginia 22601-5000 0 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jrlley@co.frederick.va.us February 2, 2006 John Conrad, Vice President Miller & Smith 8401 Greensboro Drive, Suite 300 McLean, VA 22102 Re: Frederick County Public Safety Building - Property Reservation Dear Mr. Conrad: Pursuant to Proffer 3.4 of the Careers Valley Rezoning, Frederick County is hereby requesting in writing the dedication of approximately nine acres to the Frederick County Board of Supervisors in the location identified on the Generalized Development Plan as "Frederick County Reserve Area" for the location of a public safety building. Access to said site shall be constructed to base paving by the Applicant not later than twelve months following receipt of this request. Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me at 540-665-6382. cerel�', John R. Riley, Jr. County Administrator JRR/jet 107 North Kent Street • Winchester, Virginia 22601-5000 0 • COUNTY of FREDERICK August 13, 2008 Mr. John Conrad Governor's Hill LLC 8401 Greensboro Drive, Suite 300 McLean, Virginia 22102 RE: Governor's Hill Development Dear Mr. Conrad: Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Thank you for your response, dated August 7, 2008, to my request for an update on your progress towards implementing the Governor's Hill proffered road system and provisions to provide the Winchester Readiness Center (WRC) with public road access. These are both vital components to proceeding with the overall Governor's Hill development. I appreciate the clarification you provided regarding the efforts you have put forth to establish a public road from Arbor Court to the WRC by early 2009 — which will coincide with the WRC facility's intended date for completion. As this road does deviate from the approved proffers for Governor's Hill, I would request that you dedicate the necessary right-of-way to the County, and establish a guaranty bond with the County as further assurance that this road connection will be accomplished in the constrained time frame in which we're working. Your letter also states that "the leadership of Frederick County has made it clear to the owners of Governor's Hill that the County does not prefer to have Coverstone Drive/Route 50 intersection coexist with the Sulfur Springs intersection". This statement is contrary to the proffers for the development as approved by the Board of Supervisors on October 12, 2005. In an effort to ascertain if the Board had taken actions to revise the previously approved proffers pertaining to the Coverstone Drive/Route 50 intersection, I have reviewed the Board's meeting minutes since October 2005. In doing so, I have not found any Board actions that would enable deviation from the proffers. Therefore, the proffers approved by the Board of Supervisors on October 12, 2005, continue to apply to this property. And as noted in my previous correspondence, the transportation proffers delineate the construction of Coverstone Drive, from Route 50 "Millwood Pike" to the Armory site entrance, prior to the Armory's completion (REZ #11-05 proffer statement item 3.3). 107 North Kent Street, Suite 202 , Winchester, Virginia 22601-5000 Mr. John Conrad RE: Governor's Hill Development August 13, 2008 Page 2 I do recognize your intent to seek a proffer revision pertaining to Coverstone Drive; you advised the County of this preference in late 2007. As I write this letter, no formal proffer revision application has been submitted to the County. Unfortunately, until you formally make application for the proffer revision, and receive approval for same by the Board of Supervisors, you arA obligated to adhere to the current proffers for the property. Eridl`.Lerwrence, AICP Director of Planning and Development Miller and Smith, 480 West Jubal Early Drive, Winchester, VA John R. Riley, Jr., County Administrator 480 W. Jubal Early Drive Suite 330 Winchester. Virginia 22601 540- 722-9566 Fax: 540- 722-9655 www.millerandsmith.com MIL ER RISM TH August 7, 2008 Eric R. Lawrence Director of Planning and Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Governors Hill Dear Eric, AUG 8 M The leadership of Frederick County has made it clear to the owners of Governors Hill that the County does not prefer to have the Coverstone-Drive/.Route 50 intersection coexist with the Sulfur Springs intersection as depicted in the current MDP. In fact the County assisted the owners in the purchase of the last remaining property adjacent to Governors Hill along Route 50 so that the Coverstone Drive intersection with Route 50 would occur opposite Inverlee Way. The owners settled on this property in February of this year, and anticipating this settlement, members of PHR&A met with you, Candice, and me on January 24, 2008 to discuss the rezoning of the entire property so that the road structure on the MDP could be changed and the Proffers adjusted. In fact after receiving our rezoning application your office has provided the first round of rezoning comments. We are now in our third revision of the T IA and Iasi week we met with VDOT to finalize the offsite improvements that we will proffer with our rezoning. Knowing that sufficient time would not be available to rezone the property, design the Inverlee Intersection, design the new Coverstone Drive (the plans for the MDP location of Coverstone Drive have been completed and approved by VDOT for almost a year), and construct Coverstone Drive and Tazewell Drive to the Armory entrance, the owners committed to spend a great deal of money to accommodate the Armory. First we built at our cost a temporary road from Route 50 to the Armory site to allow the construction of the buildings to begin. We have maintained this road at our expense and not one minute of interruption has occurred with the Armory construction that can be attributed to'the access. Our next step was to secure a right a way for a public road across the property adjacent to the Armory. What VDOT did not tell you is that, along with Frederick 0 0 County's approval, we now have the VDOT approval of the design of the public road from Arbor Road to the Armory. We have also contracted with Perry Engineering to build the access road, and once we have our pre -construction meeting, they will begin the process. Perry's commitment is to have the road completed in October of this year, approximately three months prior to the proposed completion of the Armory. Through another permit with FCSA and the County we have previously installed the sanitary sewer to serve the Armory, again at our expense. The folks building the Armory, the National Guard, or Frederick County have not been delayed, obstructed, or inconvenienced as a result of the relocation of the access. As this letter and our actions indicate, our firm has exhibited much progress since the first of this year, and we have not been bashful in our commitment of funds to meet our obligations. It is our intention to have a rezoning package for Governors Hill completed before the end of this month that is acceptable to the County. Assuming that the rezoning is successful the proffers will indicate that the applicant shall commit to the substantial completion of a public roadway to the Armory prior to the completion of the Armory. At the end of the day the County will have the Inverlee Intersection in the desired location, the Guard will have two points of access to their site, and we will finally be able to begin development of our property. Sincerely, ),& g--,6 John T. Conrad Vice President Miller and Smith Inc. Cc: John R. Riley Gene Fisher r 1 0 A, COUNTY of FREDERICK i Department of Public Works 540/665-5643 FAX: 540/ 678-0682 June 27, 2005 Mr. Christopher M. Mohn, AICP Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Carpers Valley Rezoning Frederick County, Virginia Dear Chris: We have completed our review of the subject rezoning and offer the following comments: 1) Refer to page 4, C. Site Suitability: The Master Development Plan (MDP) should be revised to delineate the existence of an uncontrolled rubble fill located within Land Bay 1 on land designated as 64-A-83A. The limits of this area should be determined by an accurate field survey. 2) Refer to page 5, C. Site Suitability: The existing wetlands and steep slopes need to be delineated on the MDP. The delineation of the wetlands should include, not only, the four (4) man made ponds, but also, all other wetland areas associated with the natural drainage swales. 3) Refer to page 8, G. Solid Waste Disposal: The narrative shall include an estimate of solid waste generated by the proposed project. This estimate should be compared to an annual solid waste generation of 200,000 tons received at the Frederick County Landfill to determine the impact on future landfill capacity. 4) Refer to page 7, proffer statement, paragraph 14.1: We applaud the applicant's willingness to implement BMP facilities to manage the site's stormwater. The A: \carp ersvaleyrezcom.wpd 107 North Rent Street • Winchester, Virginia 22601-5000 6 . 0 Carpers Valley Rezoning Page 2 June 27, 2005 maintenance of these facilities should be specifically assigned to the HOA and/or POA. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file A:\carpersvaUeyrezcom.wpd 0 0 Rezoning Comments CARPERS VALLEY 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 ; Please fill.out the information as accurately as possible in,older to''assist the Wiiiehester: -. Reproffer statement,gional'Airport;:wrth their revie`w:` Att'ach a'copy; of, your appl cation,`form; location map,: impact analysis; and -any other perthient information Applicant's Name: Patton Harris Rust & Associates, pc Phone: (540) 667-2139 Mailing Address: c/o C.E. Maddox, Jr., P.E., Senior VP 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: RAB2/M2 Zoning Requested: R4 Acreage: 331 acres Winchester Regional Airport's Comments !� Winchester Regional Airport Signature & Date: Notice to Winchester Regional Airport — Please Return This Form to the Applicant 21 P FtEGlO/y • • WINCHESTER REGIONAL AIRPORT COPY SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 \�THO- (540) 662-2422 July 18, 2005 C. E. Maddox, Jr., P.E., Senior VP Patton Harris Rust and Associates, PC 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Carpers Valley Rezoning Comment Shawnee Magisterial District Winchester, Virginia Dear Mr. Maddox: The Winchester Regional Airport Authority's position on new residential development on property adjacent to the airport and within the Airport Support Area has not changed. The Airport Authority by majority vote on July 14, 2005, opposes the R4 rezoning plan as presented with 785 residential units and any rezoning request that would include dense housing within the Airport Support Area. Enclosed are two opinion letters from the Federal Aviation Administration and the Virginia Department of Aviation regarding this rezoning proposal. After giving this matter careful consideration and review, the Airport Authority strongly recommends the Frederick County Board of Supervisors not amend the Frederick County Comprehensive Policy Plan to accommodate this rezoning request. Sincerely, Serena R. Manuel Executive Director Enclosure Cc: Mark K. Flynn, Legal Counsel w/encl Joe Delia, FAA/WADO w/encl Randall P. Burdette, VDOA w/encl Eric Lawrence, Planning Director, Frederick County w/encl �r'Qy��PgB, f COMMONWEALTH of VIRGINIA Randall P Burdette Department ofAviation V/TDD • (804) 236-3624 Director 5702 GuFAX • (804) 236-3635 lfstremnn Road Rich»iond, Virginia 23250-2422 July 11, 2005 Ms. Renny Manuel, Executive Director Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 RE: Winchester Regional Airport Dear Ms. Manuel: Thank you for inviting the Department of Aviation's staff to attend the meeting between the Winchester Regional Airport Authority and representatives from Patton, Harris, Rust and Associates regarding the proposed development of the Carper Valley Golf Course. Prior to the meeting the Department's staff had a chance to review the proposed development map and the proffers dated May 20, 2005. We appreciate Mr. Mohn's candor and listening to our concerns. However, our position has not changed. It is the Department's position that placing residential development near an existing airport constitutes an incompatible land use. One aspect of the proposed development that was viewed favorably was the non- residential commercial development in Land Bays 2 and 3. It is our understanding that these land bays will be used as future sites for United States General Services Administration and the National Guard Armory respectively. Our concern is what would happen in the event these parties are not able to acquire the property within the 24 months following the proposed rezoning. It is our hopes that the local governing bodies would enforce the intent of the proffer in Section 3.2 on page 3 of the attached Proffer Statement. The proffer states that in the event the perspective govermnental parties were not able to act as anticipated within the 24 months following the rezoning, then the property may be employed for commercial and employment uses. Provided this is the case, the Department has no objection. The Department would voice significant objection if the owner came back to the locality and sought to locate additional residential dwelling units in these land bays. 0 Ms. Renny Manuel Julyl 1, 2005 Page 2 The Developer is making an effort to sleet the federal separation criteria. Nevertheless, it is our experience there will be complaints made from these perspective residents about noise and low flying aircraft, regardless of the disclosure letters or mitigation measures. The main threat to airports today is incompatible land uses. The airport loses the flexibility to respond to the growing needs of the community. To allow incompatible land uses creates conflict between the needs of the citizens, the aviation community and the needs of the developers. A substantial part of the Department of Aviation's mission is to cultivate an advanced market driven aviation system that is safe, secure and provides economic development. The development of the Winchester Regional Airport has been an important element in our ongoing mission and should be preserved and protected from encroachment. Over the past 10 years the Commonwealth has invested nearly $2,028,235.90 at the Winchester Regional Airport. The 2004 Virginia Airport System Economic Impact Study indicates that the Winchester Regional Airport has resulted in $7,082,000 in annual economic activity for Winchester and the surrounding localities. The Commonwealth entered into these investments with Airport Authority with the clear understanding that the Authority and local jurisdiction do all in their power to protect the Commonwealth's investment. Any failure to protect the airport from incompatible land uses may jeopardize fixture finding for development on the East side. Additionally, any new capital improvement project on the West side may be reviewed on a case by case basis with regard to potential impacts that particular project would have on adjacent properties. The Department of Aviation strongly urges you, the Winchester Regional Airport Authority and the local governing bodies to prevent residential encroaclunent and other incompatible land uses from being developed in the vicinity of the Winchester Regional Airport. If I or my staff can be of any assistance in this matter please feel free to contact us. Since ly, r Randall P Burdette Director, Virginia Department of Aviation l� • 01 U. S. Department of Transportation Federal Aviation Administration July 1, 2005 Ms. Renny Manuel Executive Director Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 WASHINGTON AIRPORTS DISTRICT OFFICE 23723 Air Freight Lane, Suite 210 Dulles, Virginia 20166 Telephone: 703/661-135 8 Fax: 703/661-1370 RE: Winchester Regional Airport, Proposed Land Use Changes on Adjacent Airport Property Dear Ms. Manuel: In our letter dated July 10, 2002 (copy attached) FAA had provided comments regarding the proposed modifications of the County Comprehensive Plan that would include mixed -use residential/commercial/public facility development with up to 275 homes and a potential middle school on the Carper's Valley Golf Club site. On June 16, 2005 I attended a Winchester Regional Airport Authority (WRAA) meeting where representatives from Patton, Harris, Rust and Associates presented details regarding a revised development plan for the Carper Valley Golf Course. As we noted previously the Airport Support Area was developed jointly by the WRAA and the County to protect the long-term viability of the airport and to comply with the AIP Grant Assurance No. 21: 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. FAA has made a substantial investment at the airport based in part on the WRAA's assurances to provide long-term compatible land use through implementation of the Airport Support Area. FAA's continued support will be based the Authority's compliance with this assurance and providing an environment for the unrestricted operations at the airport. While the commercial/employment area in Land Bay 2, the location of the Armory Site and the increased setback of the proposed housing units are improvements of the previous conceptual plan, the increase in housing units from 275 to 750 and the lack of clarity of the long-term implications of • :7 the proffers do not cause a change in our opinion that this development will have a negative impact on the continued growth and viability of the airport. If I can provide any additional information regarding this matter, please do not hesitate to call. Sincerel , ell Joseph B. Delia Airport Engineer cc: DOAV 06/23/2005 TB6IF#4i 48. FAX 7038216816 MILLER AND SMITH INC. 0 0002/003. 8401 Greensboro Drive suite 300 McLean. Virginia 22IO2 703.821-2500 Fax: 703.62I -2040 WWW.MWerandsm[tiLmm MILLE R SMTTH June 23, 2005 Ms. Serena Manual Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Carpers Valley Dear Renny, Thank you for arranging the meeting yesterday with Mr. Wilmot and Mr. Fisher. I believe that there are opportunities for both our entities to succeed in the development of Carpers Valley. The following are commitments that we are willing to proffer, assuming that the Airport Authority will support our request for the rezoning in its current format. 1. The Airport Authority has isolated approximately 20 acres of land that is needed from Carpers Valley, for development projects. Our firm will accommodate your need in a number of ways: a. Trade Airport land that is outside of the development zone for CV land inside the zone on an acre per acre formula. b. Trade CV land for the land needed for the extension of Coverstone Drive. across the Airport land which will eventually be the future Public Safety Building. site, and a portion of Prince Frederick Drive, The Airport shall dedicate the area of land necessary for this road to the County of Frederick. c. The land needed for the Airport aviation easement at the southwest corner of our property will be set aside as an easement at no cost to the Airport. The Airport may install their fence on the easement line; CV will use the density assigned to the easement area, and will begin any setback requirements at the actual property line. 06/23/2005 THU 14:48 FAX 7038216616 MILLER AND SMITH INC. 0 12003/003 d. .CV shall reserve the balance of the area that the Airport Authority has designated for acquisition until June 30, 2013 for purchase by the Airport. e. If the Charter of the Airport Authority will allow, CV wishes to pursue a Joint Venture with the Airport to develop the Airport property, and perhaps additional CV property for aviation related purposes. A venture would be established which would create a Development Partnership LLC between the two entities which could accelerate the timeline for the hanger construction, and could expand the developable property for the Airport. If the text of this letter is acceptable to your Board, we will begin to survey the areas that will be the subject of the trades, and will complete an option agreement for the residual land. Please let me know the decision of the Board. Sincerely, -Q.Z, F' Sohn Conrad Vice President Cc: John R. Riley Chuck Maddox • 02 U. S. Department of Transportation Federal Aviation Administration July 10, 2002 Ms. Renny Manuel Executive Director Winchester Regional Airport Authority 491 Airport Road Winchester, Virginia 22602 WASHINGTON AIRPORTS DISTRICT OFFICE 23723 Air Freight Lane, Suite 210 Dulles, Virginia 20166 Telephone: 703 /661-13 5 8 Fax: 703/661-1370 RE: Winchester Regional Airport, Proposed Land Use Changes on Adjacent Airport Property Dear Ms. Manuel: The Winchester Regional Airport Authority (WRAA) in conjunction with its constituent members, in particular Frederick County, has done a magnificent job in the planning and development of the Winchester Regional Airport. The airport has grown from a small rural field to a modern state of the art corporate facility. It has complimented and been a catalyst for the successful industrial development that has flourished around the airport. The FAA has been pleased to be a partner in this development and has invested millions of dollars from the Aviation Trust Fund to support capital improvement projects. We have been following with great concern the proposed modifications of the County Comprehensive Plan that would include mixed -use residential/commercial/public facility development with up to 275 homes and a potential middle school on the Career's Valley Golf Club site that abuts and is immediately north of the airport. The Fredrick County Comprehensive Plan established an Airport Support Area that has been an excellent tool to protect and ensure the continued viability and growth of the airport. This proposal should be closely scrutinized to evaluate the potential impacts on airport operations. As a condition of receiving Federal funds the Authority is required to ensure that airport planning is consistent with other plans for the area in which the airport is located. These assurances also require that appropriate action be taken to the extent reasonable to restrict the use of land adjacent to or in the immediate vicinity of airport activities that are incompatible with airport operations. The Commonwealth of Virginia has also enacted an "Airport Safety Zoning Ordinance" under the Code of Virginia that speaks of Airport Safety Zones, height limitations and use restrictions. • Any residential development would be located in such proximity to the airport that night time operations, engine run -ups, touch-and-go landings, etc. would ultimately become contentious issues that could negatively impact growth and revenue generation at the airport. Locating a middle school directly under the local aircraft traffic pattern will be a perceived public safety issue. Residential development and public buildings must also consider appropriate noise insulation measures and an adequate buffer should be considered between the centerline of Runway 14-32 and housing, public buildings or potential congregations of people (preferably a minimum distance of I,000ft). Security impacts must also be thoughtfully considered. Both inadvertent entry and other potential security implications should be carefully evaluated. We respectfully request that this proposed development be carefully evaluated with respect to the Authority's obligations under the grant assurances. FAA has serious concerns regarding the potential negative impacts of this development on airport operations. It would be a shame to minimize the foresight and planning that the Authority has exhibited over the years, which has led to the development of Winchester Regional Airport as a strategic economic asset for northern Virginia. If I can provide any additional information regarding this matter, please do not hesitate to call. Sincerely, Joseph B. Delia Airport Engineer cc: DOAV • • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL iUL 1 2 2005 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) I a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-652-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahen.com STEVEN F. JACKSON July 11, 2005 DENNIS J. MCLOUGHLIN, JR. Eric R. Lawrence, AICP, Director Department of Planning and Development of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Carpers Valley Proffer Statement Dear Eric: PLEASE REPLY TO: P. O. BOX 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced Proffer Statement. It is my opinion that the Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a Proffer Statement, subject to the following: 1. As this is a consolidated project for the development of land owned by multiple owners, the County should confirm that all of the owners of all of the parcels are listed on the Proffer Statement and have executed the Proffer Statement. 2. As I was not provided a copy of the Master Development Plan or the Design and Development Standards for Carpers Valley, my comments do not address the specifics of this Proffer to the extent that it references the Master Development Plan or the Design and Development Standards for Carpers Valley. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Eric R. Lawrence July 11, 2005 Page 2 3. In Paragraph 1.3 it is suggested that property to be owned within the development by the federal government or by the Virginia National Guard may be exempt by law from some provisions of County ordinances. If any such exemption exist, it would be preferable for the Applicant to specifically identify such exempt]^ns, as it may impact the Couii y's re`✓ie:xi of this rezoning and the proffers. In Paragraph 1.4.1, I do not believe that it is necessary or preferable to label the subject dwelling units as "market rate". While the term "market rate" is defined in the paragraph, there could be uncertainty as to whether the sales price on a particular unit was "market rate" so as to be included within the limitation. It seems to me that the intention is to limit the dwelling units in the development to 750 units, in addition to the allowed 35 "workforce" units. Accordingly, I would recommend that the restriction state "that residential development on the property shall not exceed 750 dwelling units, not including the workforce housing units permitted pursuant to Section 3. " Appropriate revisions would then made throughout the Proffer Statement where the term "market rate" is used. 4. In Paragraph 1.5, it should be expressly stated that the rental apartments and condominium units over retail and office uses are subject to the 750 dwelling unit restrictions set forth in Paragraph 1.4.1. 5. With respect to Section 3, (Workforce Housing) it is not clear to me what role the County is to have in the implementation of the workforce housing provisions, and particularly the establishment of the sales prices. I would have the further specific comments on the paragraphs in this section: a. With respect to Paragraph 3.3 and its subparagraphs, I believe it would be difficult for the County, in the future, to determine whether an appropriate sales price had been set for a workforce housing unit. The sales prices are to be set by the applicant, according to the enumerated "guidelines". I believe it would be difficult to determine what costs are to be taken into consideration in setting sales prices, particularly with respect to "hard and soft costs", builder -paid 0 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Eric R. Lawrence July 11, 2005 Page 3 permanent mortgage replacement costs, costs resulting from proffers and site development and infrastructure costs. b. Subparagraph 3.3.1 states that the sales prices will be based upon certain costs for housing by "private industry in the immediate are of the Property". It would appear, therefore, that the established sales price is not to be based upon the Applicant's actual cost for constructing the housing, but rather comparable cost by private industry in the immediate area. It would depend upon whether the County projects that this Applicant's cost would be more or less than the comparable cost of private industry in the immediate area to know whether this is an advantageous provision or not. c. Subparagraph 3.3.1 says that the sales price shall include hard and soft costs required to construct and market workforce housing units. However, Subparagraph 3.3.3 states that marketing expenses will not be included in determining the sales price. d. It would appear from Paragraph 3.3.5, although it is not clear, that the costs related to a workforce dwelling unit will also include some allocated costs for site development and infrastructure costs for the entire project. e. In Paragraph 3.4 I would think that the County would want an express statement that in marketing in the initial six-month period be directed to deputies, school teachers, and other County and school employees. 6. I would suggest that in Paragraph 4.1 the provisions for the federal acquisition and the airport acquisition be separated into separate sentences. It should also be noted that these provisions do not provide for the dedication of property, or the sale of the property at a given price, but rather holds the specified parcels for a given period of time, with any acquisition to have to be negotiated with the Applicant. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Eric V . Lawrence July 11, 2005 Page 4 7. In Paragraph 7.1, if it is intended that the provision on sidewalks is to require sidewalks on both sides of public and private streets, that fact should be expressly set forth in the proffer. J. "-fi on 8.2 provides that a masterhomeowners associationto be established would make an annual contribution for each residential unit, and for each 1,000 square feet of commercial, for fire and rescue. 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 subparagraph 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 presumably no longer exist, but the cost to the County for fire and rescue service will continue and would likely be increased. It would seem that if the volunteer fire and rescue company ceased to exist, the amlual contribution should be made to the County. This subparagraph 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. 9. In Paragraph 14.1, the provisions for public water and sewer facilities presumes that the Sanitary Authority lines are now at the property boundary, or will be brought to the property boundary by the Sanitary Authority. Further, the word "property" at the end of the first sentence should be capitalized, to make it clear that the "property boundary" being referred to is the external boundary of the entire development, and not interior property boundaries. 10. In Paragraph 15.2, it is not clear what is sought to be accomplished by the second sentence which states "The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation (sic) easement. " It this to be a voluntary easement or an easement which will have to be • HALL, MONAHAN, ENGLE, MAHAN & MITGHELL Eric R. Lawrence July 11, 2005 Page 5 purchased by the Airport Authority? If it is to be an easement to be contributed, can the location of the easement be determined at this time and specifically provided for in this Proffer? 11. In Paragraph 16.1.1 and its s ubparagr iphs. concerning Coverstone Drive, I do not believe it is clear what the Applicant's obligations are with respect to Coverstone Drive. I believe it is clear that the Applicant shaldiesig Coverstone Drive in all phases. It seems to be implied that Phase 1 and Phase 2 of Coverstone Drive will be constructed by the Applicant, but that is not expressly set forth. It should be. With respect to Phase 3, it would appear that the Applicant has an obligation to design Coverstone Drive Extended, but that the County will have the obligation to construct Coverstone Drive Extended, as the monetary contribution by the Applicant goes into an escrow account, which is to be released to the County. 12. With respect to all of the escrow account provisions in the Proffers (Paragraphs 16.1.1.1.3, 16.6, and 16.7) it is not clear to me why the County should have to wait 90 days after requesting release of funds which are sitting in an escrow account. Also, I would recommend that all of the escrow account provisions provide that the funds will be placed in an interest -bearing escrow account, with the interest to accrue to the benefit of the County. 13. Paragraph 16.9 would indicate that some of the road improvements which the Applicants have agreed to make will require acquisition of right of way by the County. As I do not have a copy of the Master Development Plan, I assume and would suggest that this issue be carefully reviewed by the staff. 14. In Paragraph 18.1, I would recommend that the monetary contributions subject to the execulator clause include contributions to an escrow account, as well as contributions which are paid directly to the board. M i HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Eric R. Lawrence July 11, 2005 Page 6 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 the staff and the Planning Commission. cry ci aiy vozirs, Robert T. Mitchell', Jr. RTM/ks Subject: RE: Carpers Date: Thu, 7 Jul 2005 11:11:20 -0400 From: "Alexander, Scott" <Scott.Alexander@VDOT.Virginia. gov> To: 'Chuck Maddox' <Chuck.Maddox@mobile.phra.com>, 'Elawrenc <elawrenc@co.frederick.va.us>, "Conrad, John" <jconrad@millerandsmith.com> CC: chuck.maddox@shentel.net, patrick.sowers@phra.com, "Copp, Jerry" <Jerry. Copp@VD OT. Virginia. gov>, "Ingram, Lloyd" <Lloyd.Ingram@VDOT.Virginia.gov>, "Funkhouser, Rhonda" <Rhonda. Funkhouser@VDOT.Virginia. gov> 10:21 are conditionally acceptable to VDOT, with the following stipulations: 1. The right-of-way for the connection of Coverstone Drive to Prince Frederick Drive must be obtained by the developer prior to presenting the rezoning application to the Board of Supervisors. If this critical link is not secured prior to rezoning (upon which all transportation analysis to dat( is based), VDOT can not support the project. Despite any implication of Section 16.9 of the proffers, VDOT is disinclined to utilize powers of eminent domain to provide for improvements necessitated by the proposed development. A final TIA is submitted for approval, reflecting all issues discussed in prior conversations/correspondence. Assistant Residency Administrator VDOT - Edinburg Residency Edinburg, VA 22824 Phone 9540-984-5605 Scott Thank you for copying me on your message to Eric. I hope the attached can answer your questions. The changes we propose have come out of two rounds of meetings with individual Board members and after responding to the site request by GSA. I hope we can address your concerns before Wed night .... here goes Chuck ----- Original Message ----- From: Alexander, Scott To: Charles. Maddox (Charles. MaddoxaO,phra.com) Sent: Friday, October 07, 2005 3:40 PM Subject: FW: Carpers Valley Proffers FYI... From: Alexander, Scott Sent: Friday, October 07, 2005 10:18 AM To: Eric Lawrence (elawrenc(&co.frederick.va.us); Mike Ruddy (Mruddy(&co.frederick.va.us); Jay E. Tibbs Cc: Copp, Jerry; Ingram, Lloyd; Funkhouser, Rhonda Subject: Carpers Valley Proffers Eric: We have only had a chance to perform a cursory review of the revised Carpers Valley proffers (dated September 28, 2005; submitted to this office on Tuesday, October 4, 2005.). As is the trend with this project, this submission is appears to be a step backwards from the previous version ... Our initial comments are as follows: 1. The connection of Coverstone Drive to Prince Frederick Drive still appears to rely upon the attainment of right-of-way from property not wholly owned/controlled by the applicant which, I can only assume, is the reason that the "powers of eminent domain" clause remains. As stated previously, the Residency is averse to utilizing eminent domain to obtain right-of-way for the developer. The developer does control the alternate route and can build this road with dedication to the County without other approval by anybody. I will get you the contract/deed info if you wish. Certain members of the development group are also the landlord for the US Corps. They reserved .7 acres from the lease to allow for a future road. We did not know about this until putting together the GSA offer. It is not the intent of this proffer to avoid the airport property which remains the route of choice. We do now have an alternate route if necessary. 2. The shift in alignment of Coverstone north along Prince Frederick may preclude the future extension to 522 relocated without costly condemnation of the Barrett -Perry property. In order to preserve both a 90-degree intersection with Prince Frederick and a more feasible alignment to 522 relocated, we would prefer to see the Coverstone alignment returned to its previous location. You are correct that the.alternate alignment probably precludes the extension to Rte 522 relocated. We believe that a horizontal curve can bring Coverstone to CL alignment with Prince Frederick thus relying on Costello for the connection with Stoplight control. Of course this would result in Coverstone being called Prince Frederick with two connections to Rte 50. The primary plan is to build per the last proffer on which you commented. The proffer of $1000 per lot remains to be used for a road or other things at the sole discretion of the County/VDOT. We believe right of way will be available from the airport; as you know, we i V have bent over backwards to accommodate the Airport. All of these issues can be dealt with at the Master Plan stage. 3. There is now a direct entrance onto Route 50 approximately 500' west of the proposed Raven Pointe/Inverlee intersection, which is antithetical to all prior discussions/submissions. As the path of least resistance to Route 50, we would anticipate problems with this entrance, especially with multiple-lane-weave/u-turning movements (i.e. to westbound Rt. 50) when the Ravens signal is complete. It is not our choice to maintain the right in/out (current Carpers Entrance) on Rte 50. The GSA application which is the focus of a County sponsored initiative states that two access points are necessary. We envision the Rte 50 entrance as an alternate or even gated "Emergency" access. It will not be used unless GSA wants it and it may be important to bringing the GSA here. We are just trying to be as accommodating as possible in the interest of Frederick County and for this site to be chosen. I also don't know why it would not work ok since the proffer is clear that the median will be closed when the Golf Course ceases operation. 4. Section 15.1.1.1.1. states that the developer will petition for the inclusion of Coverstone into the State system upon completion of base asphalt (only). While they may petition this, we can state now that it will not be accepted until fully completed to State standards. Maybe we should say 1-2 surface or something that will allow and bond a surface course later. The phasing design of this roadway is a design issue and a subject for plan review, we understand that VDOT cannot accept the road until fully complete. 5. Section 15.2 should specify that the road should be complete prior to GSA occupancy. The October 4 proffer says this. Time constraints resulting from the late submission (and the lack of revised TIA data) prevents us from fully evaluating the elimination of trigger for the completion of 4-laning Coverstone versus the reduced housing units, among other issues. We would reserve the right to comment further on this submission but, as noted above, believe that after only a cursory review we've found that this submission neither addresses our prior concern nor adequately addresses new issues. I will drop off the Oct 4 proffer on Tuesday am and would hope I can review these issues with you personally. If you have any questions or would like to discuss further, don't hesitate to give me a call/email. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone #540-984-5605 Fax #540-984-5607 RE: Carpers Valley Proffer Review Sub;ect: RE: Carpers Valley Proffer Review Date: Fri, 1 Jul 2005 16:04:19 -0400 From: "Alexander, Scott" <S cott.Alexander@VD OT. Virginia.gov> To: 'Chuck Maddox' <Chuck.Maddox@mobile.phra.com> CC: 'Eric Lawrence' <elawrenc@co.frederick.va.us>, "Copp, Jerry" <Jerry.Copp@VDOT.Virginia.gov> Chuck: I have reviewed the proffers v.6/30/05-15:19 and offer the following: 1. The sentence "Coverstone shall be completed in accordance with the foregoing road phasing schedule" was suddenly added, which would seem to indicate that regardless if the GSA moves in, Coverstone will only be developed as 2 lanes after 451 dwellings, etc. The whole point of this section was to assure that Coverstone would be fully constructed to serve GSA traffic; please remove this sentence to restore the intent of the section. 2. I understand that there is a new TIA that reflects the lack of a connection to Arbor Ct. Please provide a copy at your earliest convenience. 3. Similarly, although we were told that the right-of-way connection to Prince Frederick was "in the bag", we still have no indication that this has been acquired. We either need some assurance that you've got the right-of-way, or prove (via TIA) that it's not necessary (and lose the eminent domain section, since there's no longer a point in it being there, and as previously discussed with Chris). Scott -----Original Message ----- From: Chuck Maddox [maiIto: Chuck. Maddox a,mobile.phra.coml Sent: Thursday, June 30, 2005 3:19 PM To: Alexander, Scott Cc: 'Eric Lawrence' Subject: RE: Carpers Valley Proffer Review Scott Attached are the revised and clean versions of the latest response to Erics prel comments Chuck -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander a,VDOT.Vir iig_iia.gov] Sent: Monday, June 27, 2005 3:51 PM To: 'Christopher M. Mohn AICP; Charles. Maddox (E-mail) Cc: John Conrad (E-mail); Mike Ruddy (E-mail); John Foote (E-mail) Subject: RE: Carpers Valley Proffer Review Chris I finally got a chance to review the proffers v.6/24/05-15:37 with Jerry .... With the following modifications, we can sign off on the proposal: 1. With all the modifications to 16.1.1.1.3, I believe we lost the 1 of 3 7/1/2005 4:22 PM RE: Carpers Valley Proffer Review definition of "Coverstone Drive Extended". To protect both VDOT and your client, please clarify that this is the section between Prince Frederick & 522 Relocated. 2. In the same section, as we previously discussed, please add the ability to utilize some of the funds for other improvements in the vicinity, should the need arise ... For example: "...The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein) and/or other projects in the vicinity...." 3. In 16.1.1.1.2., the phase completed or bonded found its way into the section .... If "bonded" is left in it must be understood, as in the previous section, that VDOT will not accept the road until complete. I'll be out of the office the next two days, but will check email occasionally; if you need a quick answer on any of the issues above, please contact Jerry & cc me. Scott -----Original Message ----- From: Christopher M. Mohn AICP [maiIto: Chris.Mohn(2cphra.com] Sent: Monday, June 27, 2005 3:27 PM To: Alexander, Scott Subject: Careers Valley Proffer Review Importance: High Hi Scott, I wanted to follow up concerning the status of your review of the revised proffers for Carpers Valley. As you know, John Foote emailed a second revision to you Friday afternoon that fully incorporated your written comments from earlier in the day (consistent with our discussion). We have submitted the application to the County Planning Department, and we are naturally being asked about whether VDOT approval will be forthcoming - hence, my email! I look forward to hearing fi•om you. Please provide written approval and/or any additional comment to both John Foote and I. Many thanks! Best, Chris 2 of 3 7/1/2005 4:22 PM RE: Carpers Valley Proffer Review Christopher M. Mohn, AICP Director of Planning Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 C 540.664.9889 Email Chris.Mohn@phra.com Web www.phra.com <http://www.pilra.com/> 3 of 3 7/1/2005 4:22 PM 0 June 27, 2005 Mr. Christopher M. Mohn, AICP Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Carpers Valley Rezoning Frederick County, Virginia Dear Chris: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX:540/678-0682 We have completed our review of the subject rezoning and offer the following comments: 1) Refer to page 4, C. Site Suitability: The Master Development Plan (MDP) should be revised to delineate the existence of an uncontrolled rubble fill located within Land Bay 1 on land designated as 64-A-83A. The limits of this area should be determined by an accurate field survey. 2) Refer to page 5, C. Site Suitability: The existing wetlands and steep slopes need to be delineated on the MDP. The delineation of the wetlands should include, not only, the four (4) man made ponds, but also, all other wetland areas associated with the natural drainage swales. 3) Refer to page 8, G. Solid Waste Disposal: The narrative shall include an estimate of solid waste generated by the proposed project. This estimate should be compared to an annual solid waste generation of 200,000 tons received at the Frederick County Landfill to determine the impact on future landfill capacity. 4) Refer to page 7, proffer statement, paragraph 14.1: We applaud the applicant's willingness to implement BMP facilities to manage the site's stormwater. The A: \carpetsvalleyrezcom.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 Y, • • Carpers Valley Rezoning Page 2 June 27, 2005 maintenance of these facilities should be specifically assigned to the HOA and/or POA. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file A:\carpersvaUeyrezcom.wpd J U N 2 8 2005 Careers Valley Proffer Statement (v.104/05) • Page 1 of 1 Christopher M. Mohn AICP From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Tuesday, May 24, 2005 7:49 AM To: 'Christopher M. Mohn AICP' (E-mail) Cc: Eric Lawrence (E-mail); 'mruddy@co.frederick.va.us'; Copp, Jerry; Funkhouser, Rhonda; Ingram, Lloyd Subject: Carpers Valley Proffer Statement (v. 5/24/05) Chris As the applicant stated in the 4/12/05 engineer meeting, the only way this project is going to be successful is with a good transportation meeting. Since that meeting, the proposed transportation system has eroded significantly. Our concerns with yesterday's submission include: There is only a single access point that the Applicant can construct as of this date. With either end of Coverstone Drive relying on the Applicant's "best efforts" to obtain rights -of -way "at a commercially reasonable cost", or relying upon condemnation by the County, a successful transportation network for 300 acres of high -density residential, commercial, and retail is far from assured. Section 15.4 of the proffers is unacceptable to VDOT. • As previously proffered, we would expect to see Coverstone Drive ultimately constructed to four lanes by the Applicant, from the eventual tie-in at Costello through the eastern property line, to complete southern site network. By referencing 24 VAC 30-91-70 of the 2005 Subdivision Street Requirements, it appears that the Applicant (or his assigns) may be able to circumvent this proffered obligation. If Coverstone is not constructed to four lanes, we foresee this responsibility falling on the County and/or VDOT soon after build -out. • There is no real commitment to complete Coverstone to Costello Drive resulting in jogs/left turn movements which, as previously discussed, was to be eliminated. • There should be some provision for tying the extension of Inverlee Way to Coverstone Drive, perhaps along the western edge of Landbay 1, thereby providing access to the ridge adjacent to the property line as well. • Words like "substantial conformity" in 15.3 leave too much room for future misunderstandings. In the same section, we would be more comfortable replacing "servicing" with "affected". Within this section it is also important to note that road improvements will be constructed as dictated by the TIA before issuance of the first occupancy permit for that section/site. . As we have discussed, we would expect the minor collector (opposite Sulfur Spring Road) to have restricted driveway access and constructed to four lanes; that all existing private entrances onto Rt 50 from these properties be removed, as well as the crossover at the club entrance. Coverstone Drive should be specified as a major collector, and there should be some recognition that substaritial slope & drainage easements may be required for all public roads. you have questions or would like to discuss these matters further, don't hesitate to give me a call. -Cott 2ott Alexander .ssistant Resident Engineer DOT - Edinburg Residency 1031 Old Valley Pike dinburg, VA 22824 lone #540-984-5605 . ix #540-984-5607 /24/2005 • Rezoning Comments CARPERS VALLEY REZONING Frederick County Fire Marshal F Mail to: Hand deliver to: Frederick Co. Fire Marshal Frederick Co. Fire & Rescue Dept. 107 N. Kent St. Attn: Fire Marshal Winchester, VA 22601 Co. Administration Bldg., 1st Floor (540) 665-6350 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fir; Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and -any other pertinent information. Applicant's Name: Mailing Address: Location of Property: Patton Harris Rust & Associates pc c/o C. E. Maddox, Jr., P.E., Senior VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667-2139 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: RA/B2/M2 Zoning Requested: R4 Acreage: 331 acres Fire 'Marshal's Comments: Fire Marshal's Signature & Date Notice to Fire Marshal — Please Return This Form to the Applicant 16 • • Control number RZ05-0004 Project Name Carpers Valley Rezoning Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified rederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 5/19/2005 City Winchester Date reviewed 5/23/2005 Applicant Patton, Harris, Rust & Associates, Inc. State Zip VA 22601 Tax ID Number Fire District 64-A-82,83,83A,8 21 Recommendations Automatic Fire Alarm System No R e q u i r enn e n ts Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-667-2139 Rescue District 21 Election District Residential Sprinkler System No Fire Lane Required No Special Hazards No Emergency Vehicle Access Comments Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4. Fire hydrants shall be set at 3 feet from the curb. Access Comments Access requirements shall meet the minimum requirements of NFPA 1141. Additional Comments Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh - Title a -- r n I �L • j • Rezoning Comments CARPERS VALLEY REZONING 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., 0' 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, pc Mailing Address: c/o Christopher Mohn, AICP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Phone: (540) 667-2139 The properties are located approximately one mile east of Interstate 81 on the RE. C E lb 16:D fh,�,;Y 19 2005 rMEDERU COUliff PUBLIC WORK & INSPlViO dS south side of Millwood Pike (Route 50 East), across from Sulphur Springs Road (Rt. 655) and The Ravens Subdivision. Current Zoning: RA/B2/M2 Zoning Requested: R4 Acreage: 331 acres Department of Inspections Comments: /Y CDM AE-L jjgF .� T %�115 : mm 1 LL_ Cc�* tA E/y T 4 i % f�� %ME of PLAN Inspections Signature & Date: oho /6 Notice to Dept. of spections — Please Return is Form to the Applicant i I� May 20 05 01:47p FRf WINC SFRV AUTHORITY 540 w 1103 p.1 Rezoning Comments CARPERS VALLEY REZONING FrfEd7ie Wine--bester-Service Authority Mail to: Fled -Wine Service Authority Ate: Jesse W. Moffat, Executive Director -Pa.Box 43 Winchester; VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority'... .Attu: Jesse W_Moffcn 1{i7 iurth Dent Street — hester; NzA -22601 Applicant: Please .. fill out the information as , accurately. as . possible "irn order to assist the Department,ofPubhe Wo&s vviththeir-review. Attaeh-aeopy of:yeur application form, location map, proffer statement, impact analysis, and any other.pertinent information. . App-li=t'sVame:-Patton-Har isihist-&-Asscciata• rc Phone: (540) 667-2139 Mailing Address: c/o Christanher iylohn AICP 117 E. Piccadillv Street, Suite 200 Winchester, VA' 22601 Location of Property: iheproperties-amlacated apprvxunate}y one milk, east aTInterstate-&l on the south sideaf MiIlwood.PiketFouie`50 East)., acrossf om -glphur Springs Road (Rt.° 655) and The -Ravens -Subdivision. Current Zoning: - R*/BZRWrowing Requested: -R4 - -Ao�e:_. 3 :1 acres Fred -Winchester Servi a Auth Authority's Comments: cotakesuff_6 el a FWSA Signature & Date: 'No t3ce to Frea=-WindseYA4ce Autthorlty = use-Retmm he Applicant May 20 05 01 : 47p FF9 W I NC SERV AUTHORITY 540 462 1103 p. ? L rederick-:Ninchester Service Authority NFemo To: Christopher Mohn —Patton Harris Rus & sociates From: desseW.4Ao#ett—F_xecutive Director Bate: May 19, 2005 Re:. Carpers Valley Rezoning - Please find below comments regarding the above mentioned rezoning application_ 1. Considering the size and multiuse of the property it is extremely hard to evaluate the impact with the Tirrllfed`amount of information provided. The appticant-makes claims of capacity without arty projections being provided. I would estimate that a project of this size could generate betweerr3001001(iand 420,000 gallons per day. 2. 1 believe that this flow will by-pass the- Abrams Creek Interceptor and be delivered to the Opequon Water Reclamation Facility througtra-proposed regional pumping station. 3. Based on already committed flows to the Opequon facilityandpending final regulations regarding nutrient discharge timits`or caps, capacity -at IDVVRF7n.4ybe limited. At present without major upgrading of the treatment process and assignment of sufficient nutrient loads to provide for an expanded facility capacity availability is questionable. a Page 1 05/20/2005 10:01 5408SW1 FCSA • PAGE A E 01 Rezoning Comments CARPERS VALLEY REZONING Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22-6N (540) 8-68-1061 Hand -deliver to: t -Frederick Co. Sanitation Author" MAY i ;% M4 i Attn: Engineer 315 Tasker Road Stephens City, VA Applicant's Name: Pa myRarris Rim* Associates, pc Phone: (540) 667-2139 Mailing Address: c/o-ebrhftpPber Mohn AICP 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: RAB2/M2 Zoning Requested: R4 Acreage: 331 acres Sanitation Authority Comments- .Sanitation Authority Signature.& Date: D O Notice to Sanitation Au- ty-1�Iease ReturnTh sFvrni�tn� Applieant 19 5-20-05; 3=33PM;FREOERICK CO PARKS • Sa O6659687 7l 2/ 3 • �JAt� S�CJC�►v Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Dept, of Parks & Recreation Department of Parks-& Recreation 107 Norih Kent Street Co: Administration Bldg., 2"a Floor Winchester, VA . 22601 1 i)7 North Kent Street (540) 665-5678 Winchester, VA 22601 Applicant's Name: Patton -Harris-bust & Associates, pc Phone: (540) 667-2139 Mailing Address: c/o Christopher MMohn, ATCP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22.601 Location of Property: The properties are located approximately one mile east oflnterstate 81 on the south side of-Nfillwvod-Pike (Route M Easty,-acrostfroniStiphurSprings Road (Rt. 655) an- dTfie Ravens'SuTxTM§ion. Current Zoning. RA/B2/M2 Zoning Requested: R4 Acreage: 331 acres Dept -of Paj, ks & ttecreubialu-Comments: See attached -comments Parks Signature & Date: Notice to Dept. of Parks &- Recreation = Please Return This Forni to the Applicant 17 5-2D-05; 3:33PM;FREDERICK CO PARKS I] ;5406659687 it 3/ 3 ki Carper's Valley Rezoning The Master-Dev_elopmentPlan references.atrail-system,.-community_pool and -clubhouse. However, the development should meet all open space and recreational unit ordinances as required by the county. The monetary proffer would appear to be acceptable to offset the impact of the development. L • Frederick County Public Schools - Administrative Assistant to VisiLus_atw ww.frederickkl2.vra.un (-Mail: the Superintendent kapocniaWrederick3d2.va:us May 20, 2005 Mr, Pat Sours Patton Harris Rust & A fates; pc 117 E. Piccadilly Str�' suitg2w- Winchester, VA 226b 1 Dear Mr. Sours: RE; Carpers Valley Town Center This letter is in response _to your reguesf for comments concerning the -rezoning application forthe prognsed-Carpers_V_alley Tnwn-Center.:project.- used=on-the inforn4a6on-- provided, it is anticil4ated that -the_proposed 5-0-0 townhouses and 500_ multi -family -units -will yield 75 high school students-84.middlesshool=stdertf�snd:23��lemmentarq sc}rooi students -for- a total of 385 new stiidents-.upon build -out. Significant residentLowth in Frederick -County has resuhedsn-Ihe­schools serving this area having student ing the.practical-rap acit0or4_5c4oel:_The cumulative - impact of this projectl4nd-others of similar.. nature, coupled with the -number of approved, undeveloped residenVW -lstsixrthe-.area; will nece&sitate-thc-future.-constrvction-ofnew school facilities to accommodate increased student -enrollments. The impact 4this-rez-oning. on current and future school needs should be considered during the approval proacss:-- Respectfully yours, Stephen Kapocsi ll Administrative Assistattt-to•the Superintendent SNff,Jdkr cc: William C. bean, Ph.D., Superintendent of Schools 540 6fi2 3884 Ext 112 1415 Arnherst-Stwet, Poa Qftice_Bcx3Spg,_ Winchester, VA- 22601_2546_ FA-yr 540-662-3890 0 i May 20, 2005 Mr. Clu•istopher Mohn Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Carpers Valley To-*vn Center Dear Chris: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the IIRAB. As you have indicated in your impact statement, 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 any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to corrurnent on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner H CEP/bad 107 North Rent Street, Suite 202 - Winchester, Virginia 22601-5000 V ACL'NCYCOMMEWTS Traffic Impact Information is in the expandable file. Carpers Valle, 0 Impact Analysis Statement 41, CARPERS VALLEY REZONING IMPACT ANALYSIS STATEMENT June 2005 A. Introduction This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of six parcels totaling approximately 281.5 acres, which are owned by JGR Three, LLC, Richard G. and Donna C. Dick, Constance L. Tjoumas, Gregory L. Coverstone, Cynthia Ann Pappas, Ellen LLC, LCR LLC, MDC Three LLC, Susan Sanders LLC, Liberty Hill LLC, Thomas A. Dick, Timothy J. Dick; and Michael E. Dick respectively. The parcels are identified as 64-A-82, 83, 83A, 86, 87, and 87A. The subject acreage is located on the south side of Millwood Pike (Route 50/17) across from The Ravens and Miller Heights subdivisions, and adjacent to the JIC Industrial Park, Winchester Regional Airport, and the U.S. Army Corps of Engineers Transatlantic Division Headquarters facility. The site is currently zoned RA, and includes the existing Carper's Valley Golf Club. This application proposes the rezoning of the 281.5 acre assemblage to the R4 (Residential Planned Community) District. The site is intended as a mixed use residential and employment center anchored by roughly 100 acres initially reserved for the development of federal government facilities. These significant employment uses will be complemented by moderate to high 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 Applicants (see the attached draft Proffer Statement). 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 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 than has been the historic pattern in that area. The Comprehensive Policy Plan identifies the planned use of the site as a mix of business/office and transitional land uses. The mixed use employment center concept proposed with this rezoning is consistent with this land use vision, and provides for its realization in an efficient and dynamic manner that Page 1 of 12 Rev. 6/24/05 Carpers Valley to 0 Impact Analysis Statement is preferable to the single use pattern that has predominated within the Urban Development Area (UDA). The Applicants believe that the proposed rezoning includes proffers that will appropriately and effectively mitigate the impacts of this development program and assure its completion in the manner envisioned by the Applicants and by the County. The mixed use employment center land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, the Applicants submit that this rezoning request merits favorable consideration and approval. B. Comprehensive Policy Plan The properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business/office and transitional land uses. The properties are also located within the boundaries of the Airport Support Area, which is intended to ensure the long term viability of Winchester Regional Airport by encouraging the development of compatible land uses in areas impacted by airport operations. The proposed development program provides for a mix of employment, general commercial, and moderate to high density residential land uses, which will be developed in an integrated - "walkable" - setting. The majority of the project acreage will be reserved for employment and commercial land uses, with the remainder of the site planned for residential development. The proposed development of employment and commercial land uses is clearly in keeping with the applicable business/office land use designation. Such uses are planned at several locations within the project, although the most notable location is an approximately 100-acre area adjacent to the existing Corp of Engineers facility The Applicants propose to make this portion of the property available for a sufficient time that they may include such federal government facilities as the United States General Services Administration (GSA) is actively seeking to locate in the Winchester -Frederick County area. Additional acreage is reserved for commercial uses adjacent to the shared boundary with Winchester Regional Airport. The proposed employment use and commercial areas will thus ensure the establishment of compatible, and complementary, land uses adjacent to the Airport thereby satisfying the objectives of the Airport Support Area. Residential uses will be Page 2 of 12 Rev. 6/24/05 Carpers Valley • 0 Impact Analysis Statement appropriately buffered from the Airport so as to avoid the all -too -common conflicts between Airport operations and nearby homes. Residential uses are proposed to extend north and east from the planned employment and commercial areas to the project boundary formed by Millwood Pike (U.S. Route 50/17). The residential component of the neighborhood will total no more than 750 market rate units of varying types consistent with the R4 zoning district, as well as at least 35 units of much needed affordable workforce housing. The planned residential uses will serve as a distinct transition from the intensity of employment uses and airport operations to the lower density suburban residential uses located on the opposite side of Millwood Pike. The Route 50 East Corridor Land Use Plan does not expressly identify either the intended composition or boundaries of the designated transitional area, and the moderate to high density residential uses proposed with this application will facilitate a reasonable transition of uses along the corridor, and further provide the neighborhood with the land use mix necessary to promote around the clock vitality. The Applicants have proffered to reserve 10 acres for dedication to Frederick County for use as a National Guard Armory facility. The provision of this land will facilitate the retention of this important public facility in the Winchester — Frederick County area, particularly in view of Congressman Wolf's recent success in obtaining substantial funding for a new facility. Upon its ultimate relocation to the site, the Armory would provide a valuable neighborhood amenity as a gathering and recreational space for residents and employees alike, as well as an improved facility for an element of America's national defense system that has taken on exceptional importance in the past decade. The recreational needs of neighborhood residents will be further served by a network of "hiker/biker" trails and other community recreation facilities, to include a neighborhood swimming pool, tennis courts, and dog park. The applicable land use policies of the Comprehensive Policy Plan promote the establishment of business/office and transitional land uses on the subject parcels. The proposed rezoning of the site to the R4 district is intended to permit the development of a mixed use employment center, which will include substantial areas for business and employment uses as well as complementary residential uses. Such complementary uses will provide an effective transition to established uses in the surrounding community. Moreover, the configuration of land uses on the site will ensure compatibility of the project with airport operations in keeping with the objectives of the Airport Support Area. Page 3 of 12 Rev. 6/24/05 Carpets Valley 0 0 Impact Analysis Statement The proposed rezoning of the subject acreage from RA (Rural Areas), to R4 (Residential Planned Community) is consistent with the land use policies of the Comprehensive Policy Plan. C. Suitability of the Site 1. Site Background and 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 property and all other A-1 and A-2 zoned land to the RA District. 2. Location and Access The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from The Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. The site is currently accessible via Millwood Pike and Prince Frederick Drive. 3. Site Suitability The subject parcels contain identified environmental features to include areas of flood plain, wetlands, and steep slopes. But such features are minimal and manageable through the zoning and site engineering process. In all cases, disturbance will be limited in accordance with applicable regulatory standards. Flood Plain 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 Page 4 of 12 Rev. 6/24/05 Carpers Valley 0 0 Impact Analysis Statement Zone A, 100-year flood plain, exists coincident with Sulfur 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. \A/aflanrlc The National Wetlands Inventory Map identifies four wetland features on the site, all of which are man-made ponds associated with the existing golf course use. Soils and Steep Slopes The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As 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. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas will be necessary to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or re -grading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. D. Transportation The Carpers Valley project will be served by a multi -modal transportation network designed to safely and efficiently accommodate automobile, bicycle and pedestrian traffic. The transportation improvement program proffered with this application will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide Page 5 of 12 Rev. 6/24/05 Carpers Valley 9 • Impact Analysis Statement with the introduction of land uses on the site, as specified by the Proffer Statement (see attached). A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area, as well as actual traffic counts. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the TIA projects that the proposed development will produce 12,917 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The external road system serving the site is comprised of Millwood Pike (Route 50/17 East) and Prince Frederick Drive (Route 781). Millwood Pike is a four lane major arterial roadway and Prince Frederick Drive is a two lane minor collector road. The TIA indicates that signalization will be required at the intersection of Costello Drive and Prince Frederick Drive at project build out. Moreover, signalization will be necessary at the intersection of Victory Road and Millwood Pike, which will be required with or without the introduction of project -generated traffic into the corridor. The Applicants have addressed these external system requirements by proffering to participate in funding these signal improvements. The internal transportation improvement program proffered by the Applicants will effectively tie the project into the existing external system and provide the framework for internal access and mobility. A major collector road (Coverstone Drive) is proposed to extend through the site from Millwood Pike to Prince Frederick Drive. This collector road will consist of four travel lanes within an 80-foot right of way and will be developed in two principal phases corresponding with development of the planned land bays. Moreover, this application provides for the future extension of the collector road to relocated US Route 522, which will provide a direct means of access to this arterial roadway from the County's planned public safety building. Direct project access from Millwood Pike will be limited to an entrance aligned with Sulphur Spring Road (Route 655). This entrance will provide principal access to Land Bay 1, which is planned to contain residential uses consisting of mixed housing types, and will further serve as a secondary access point for employment -related traffic destined for Land Bay 2. The intersection of Sulphur Spring Road and Millwood Pike is currently controlled by a three-way traffic signal. This signal will be upgraded by the Applicants to a four-way signal upon construction of the entrance. Page 6 of 12 Rev. 6/24/05 Carpers Valley • 0 Impact Analysis Statement E. Sewage Conveyance and Water Supply The existing golf course is 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 and enable gravity flow to the existing main. The Abrams Creek interceptor will convey effluent from the project for treatment at the Opequon Water Reclamation Facility. A 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. Project build -out will consist of a maximum of 750 market rate dwelling units and approximately 950,000 square feet of office and/or general commercial uses. Using the standard water consumption rates for single famil�t attached/multi-family residential uses and general commercial/office uses , the proposed development is projected to consume approximately 302,500 GPD (gallons per day) of water and produce equivalent sewer flows. F. Site Drainage The site naturally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing existing vegetation will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. G. 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. 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. Page 7 of 12 Rev. 6/24/05 Capers Valley • 0 Impact Analysis Statement H. 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. I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by planning staff to project the fiscal impact on community facilities attributable to the proposed rezoning. The output module generated by this analysis indicated that the proposed land uses would result in a net positive fiscal impact at project build out. Nevertheless, the Applicants have proffered to provide a per unit monetary contribution to ensure that the unique impacts to particular public facilities are appropriately addressed. Specifically, the Applicants have proffered to contribute $2,637 per market rate unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: $422.00 per unit ■ Public Schools: $1,714.00 per unit ■ Recreation & Parks: $343.00 per unit ■ Library: $79.00 per unit ■ Administration: $79.00 per unit TOTAL: $2,637 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI-U). J. Modifications 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 Page 8 of 12 Rev. 6/24/05 Carpets Valley • 0 Impact Analysis Statement ordinances. The following modifications are requested with this rezoning application: 1. Modification of Section 165-68 of the Frederick County Zoning Ordinance governing the procedure for R4 rezoning petitions. Current Standard: A master development plan (MDP), meeting all requirements of Article XVIII of the Zoning Ordinance, shall be submitted with an application for R4 zoning. The master development plan review procedures described by Article XVII must also be completed concurrently with or following the consideration of the rezoning. Proposed Standard: A generalized development plan (GDP) identifying major land bays and the proffered transportation network shall be submitted with the rezoning application in lieu of a master development plan (MDP). A complete MDP application will be submitted to Frederick County for review following rezoning approval, pursuant to the criteria of Article XVIII of the Zoning Ordinance. Justification: The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The MDP is a plan document that is used to evaluate conformance with ordinance and other technical requirements applicable to land development, and has historically served as a bridge between the conceptual nature of a rezoning application and the more precise documents required for subdivision and site plan approvals. As such, it serves a valuable role in applying engineering detail to the generalized land use and infrastructure framework established through the proffer statement of an approved rezoning. This two part process ensures that the rezoning evaluation is focused on policy conformance and impact mitigation, and not overwhelmed by the technical minutiae associated with the MDP. The proffering of a detailed MDP "locks" an applicant into a development plan that cannot be changed without filing a subsequent rezoning petition for amendment of the approved proffers, regardless of the purpose or scope of the necessary change. Alterations to the routes of internal streets, stormwater management facilities, and layout of uses within land bays would require approval of the Board of Supervisors through the rezoning process, whereas a project subject to a typical — "non -proffered" Page 9 of 12 Rev. 6/24/05 Careers Valley • 0 Impaet Analysis Statement — MDP may often complete such modifications through an administrative process. Such changes are almost certain to be necessary for a given project to respond to evolving regulatory and market conditions over the course of the development cycle. The plan proposed with this application represents a dynamic concept that will require flexibility in all phases of the development process to successfully implement. The Applicants are committed to developing a project that is both innovative and viable, and thus recognize that the design process cannot end at the time of rezoning, but must continue as an ongoing exercise open to emergent information and ideas. A proffered generalized development plan (GDP) will provide appropriate assurances to the community regarding the fundamental physical components of the proposed development while ensuring sufficient flexibility for the Applicants to achieve superior project design. The requested modification would allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning in lieu of the complete MDP. The GDP will identify the relationship of the project site and the proposed development to the surrounding transportation network and adjoining land uses. Moreover, the GDP will provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or employment/commercial land uses, as well as the proffered transportation network. The GDP will further delineate the approximate size of each land bay as well as the planned housing types for residential land bays. The Applicants will submit an MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development will be provided. 2. 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 Page 10 of 12 Rev. 6/24/05 Carpers Valley 0 0 Impact Analysis Statement approved proffer statement without limitation to the percentage or ratio of any given housing type. 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 Carpers 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 future County residents. 3. 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. Page 11 of 12 Rev. 6/24/05 Car pens Valley 0 0 Impact Analysis Statement Justification: The proposed rezoning is sought to enable development of a mixed use employment 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 a mixed use employment center are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. The mixed use employment 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 employment and commercial 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 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. Page 12 of 12 Rev. 6/24/05 9 A Phased Traffic Impact Analysis of Carpers Valley Located in: Frederick County, Virginia Prepared for: Miller & Smith 8401 Greensboro Drive Suite 300 McLean, VA 22102 Prepared by: Patton Harris Rust & Associates, pc Eno neers. Surveyors. Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 T 304.264.11 ,. F 304.264.363671 June 23, 2005 • OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Carpers Valley 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 will be built - out in two (2) transportation phases by the year 2010. Phase 1 (2008 partial built -out) assumes a residential development of 487 multi -family units and 263 townhouse units with access provided via Coverstone Drive (future roadway). Additionally, PHR+A has provided analysis for two (2) alternative land use scenarios for Phase 2 (2010 full built - out): Scenario #1 assumes 1,200,000 square feet of office plus total residential development, and Scenario #2 assumes 620,000 square feet of retail plus total residential development. Primary access to the office/retail development is provided via Prince Frederick Drive. Figure 1 is provided to illustrate the location of the proposed Carpers Valley development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Carpers Valley 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 Carpers Valley development, • Distribution and assignment of the Carpers Valley generated trips onto the completed . roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS-2000, for existing and future conditions. A Phased Traffic Impact Analysis of Carpers Valley t: Project Number: 13415-1 0 P� - � 9 June 23, 2005 Page 1 • EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 50/Victory Road, Route 50/Sulphur Springs Road, Route 50/ Prince Frederick Drive, Victory Road/Arbor Court, Route 522/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 8.4% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 3 shows the respective existing lane geometry and AN"M peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Phased Traffic Impact Analysis of Carpers Valley V bp' Project Number: 13415-1-0 Tune 23, 2005 Page 2 No Scale Li Shenandoah Uruversity V1 522 App e i f Blas=m Mall 522 0 50 w x SITE IL 11 � �Wirtchester - 'O` ,Regional rLrport —P -4- .1 fl Figure I Vicinity Map: Carpers Valley in Frederick County, Virginia Pb,,4 A Phased Traffic Impact Analysis of Carpers Valley ProjectNumber: 13415-1-0 cJune 23, 2005 L Page 3 0 0 ti ybti^n� j b t\N (is)29 �i rLr)Zj�) No Scale N CosteU 522 �qj rill \ (69 61 6)SZ �► �G� �4801 Co (Z7)q� �,p ~�79(7 )9qI) 3 ° Stello 14 a SITE 0 ti >S`LVZO rr29J '� (.?j) b� -a- SITE ; Figure 2 Existing Traffic Conditions R AM Peak Hour(PM Peak Hour) G A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 _ June 23, 2005 Page 4 G� No Scale (C)'O c(CI 3 j COSre,J'o D4 G`G G;Signalized r r S22 `Intersection LOS=B(C) 4 3 ,V G ♦'^ So Signalized Intersection GJ5 LOS=C(C) 'O lol steno D 4c' �0 �~ SITE �A� Signalized o �e Intersection %% 1f✓ GLOS=B(B) t° �dJ� i/ Sul hur S r• Unsignalized �`� �� � cgs 522 �° Intersection `% t Road Sfe�'°d ° SITE x �� ♦ �° ` pe`. 10 � 1f. a l Unsignalized wry, Intersection 50 Unsignalized G Intersection "e' 6or � `Ql tire' / ' 9 ALP, Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement ,J,r , P+ / \ AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley t' 'r Project Number: 13415-1-0 June 23, 2005 Page 5 0 • Phase 1 townhouse units (future roadway) PHASE I TRAFFIC ANALYSES (2008) assumes a residential development of 487 multi -family units and 263 Access to the residential development is provided via Coverstone Drive 2008 BACKGROUND CONDITIONS Based on VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2003) for Route 50 (Millwood Pike) within the vicinity of the site, a growth rate of less than one percent (1%) was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4%) per year to the existing traffic volumes along Route 50, Route 522 and Sulphur Springs Road (shown in Figure 2) to obtain 2008 base conditions. Additionally, PHRA incorporated all trips relating to the Ravens development located along Route 50 opposite to the porposed Carpers Valley site. Using the 7th Edition of ITE's Trip Generation Report, PHR+A has provided Table 1 to summarize the 2008 "other development" trip generation. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure S shows the respective 2008 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. Table 1 2008 "Other Development" Trio Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Family Detached 315 units * 57 172 230 193 109 302 3,150 Total 57 172 230 1 193 109 302 1 3,150 * Of the 565 units proposed for the Ravens Subdivison development, only 315 SFD's were considered since 250 SFD's were occupied when the existing traffic counts were conducted. _ A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 Tune 23, 2005 s Page 6 n� bb nn No Scale 6 6) (I (6)3 n��ti�o ° Dr 522 b~`Oti ,ai ^�ti�' qj \ (S�70�S)S2�4(SI) js/e�lo Dr7Il e oo 'tio n S 1 14 •tio ae, � N 0 SITE e SITE to g, to ►❑ co Road J c 2 Average Daily Trips AM Peak Hour(PM Peak Hour) A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 PHR--, ? � June 23, 2005 L Page 7 • No Scale Signalized Intersection #40000 C� LOS=B(B) Denotes stop sign control Q` Denotes traffic signal control o; h Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 Phase 1 :2008 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley r G' Project Number: 13415-1-0 A a , June 23, 2005 Page 8 n LJ TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Carpers Valley development. Table 2 Carpers Valley Development - Phase 1(Residential) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Land Bay 1 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 t33 2,288 Total 67 287 354 275 144 418 5,365 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Carpers Valley site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area network 2008 BUILD -OUT CONDITIONS The Carpers Valley assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 v L June 23, 2005 A- Page 9 0 • No Scale Figure 6 Phase 1: Trip Distribution Percentages (Residential) IL 9 A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 10 • 9 No Scale �rsto 0 A Phased Traffic Impact Analysis of Carvers Valley Project Number: 13415-1-0 Tune 23, 200 Page II 0 0 ry No Scale � 7(6�2I7) oSte!/o Dr o q 522 ^Ol ^O` 50 (j 1�01 , ti5 v�Q SQ- 3)7sl 30)OS8) sfello ate' �°oa, SITE �,k0 0 Sul hur ""'19s Road 522 Cos`ef�ed (1, SITE 50 CD Average 3j3IS1� 3 rsfo�e��+ .I � ti1`�1 r o�a 1 �p2s�r o `C` r6or� pl"�1`�0l oTa Gf� , -4 6 L`ti1 Daily TJ A AM Peak Hour(PM Peak Hour) ■-T T��/ A Phased Traffic Impact Analysis of Carpers Valley -0 T'. U� Project Number: 13415-1-0 T June 23, 2005 m Page 12 0 E No Sea] SITE .100 Unsignalized Intersection1,0 t°tee rte 4 �dri s rce N A� h etc ` 3 � iG �► 5 `, Signalized Intersection SITE `Signalized "Suggested .Intersection Improvements" LOS=C(C1 NB - 4" Leg WB - I Left e 50 Road +701 Unsignalized ° ba l �r Intersection 4I� 9J« 0 50 / signalized_ "Suggested Intersection Improvements" Intersectionzed LOS=C(C) Signalization Intersection 9�6of `Ql°� 5001 GLG, Denotes stop sign control Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 9 Phase 1: 2008 Buildout Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 Tune 23, 200513 � Page 13 PHASE 2 TRAFFIC ANALYSES (2010) PHR+A has provided analysis for two (2) alternative land use scenarios for Phase 2 (2010 full built -out): Scenario #1 assumes 1,200,000 square feet of office plus total residential development, and Scenario #2 assumes 620,000 square feet of retail plus total residential development. Primary access to the office/retail development is provided via Prince Frederick Drive. 2010 BACKGROUND CONDITIONS Based on VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2003) for Route 50 (Millwood Pike) within the vicinity of the site, a growth rate of less than one percent (1%) was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4%) per year to the existing traffic volumes along Route 50, Route 522 and Sulphur Springs Road (shown in Figure 2) to obtain 2010 base conditions. Additionally, PHRA incorporated all trips relating to the Ravens development located along Route 50 opposite to the porposed Carpers Valley site. Using the 7`h Edition of TTE's Trip Generation Report, PHR+A has provided Table 3 to summarize the 2010 "other development" trip generation. Figure 10 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 11 shows the respective 2010 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. Table 3 2010 "Other Development" Trio Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Ravens Subdivision 210 Single -Family Detached 315 units * 57 172 230 193 109 302 3,150 Total S7 172 230 193 109 302 3,150 F Ut the )b. units proposed lot the Ravens Jubdivison development, only 31S SFUs were considered since 2M SM)'s were occupied when the existing traffic counts were conducted. A Phased Traffic Impact Analysis of Carpers Valley 0 r�� Project Number: 13415-1-0 June 23, 2005 Page 14 a No Scale (IS)29 1r� �((ZII) q)IS N Ste// q 522 a° N~ 50 gbti r�'rP� ofoj� ti 9 S �4 a � �S7 8r) $r1r2�r) Cos (27)qS .ti4p s~`I7(30 94) fell0 �S Drip �b p — q o0 SITE ' %�A'�e , Sul hurSPri" Co ` gs Road $22 s�efled �gCO�h SITE %' So r 1 (3J l3s�w1 ``�o`.r�fon 1g, 3 r`re oCD c' ja ,,,LLLI or "6 of ^16 0 o La y,6 , G,. 01 r,� r1JJsj�� Average 91 G i 1 � s9rJ %� •2rJrlJ L6��tilti� Daily p P, ,rD / \ AM Peak Hour(PM Peak Hour) Figure 10 Phase 2: 2010 Background Traffic Conditions A Phased Phased Trd�c Impact Analysis of ValleyIm act Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 s L Page 15 0 CJ m� No Scale Signalized I j�SreUoD��eG Intersection LOS=C(C) `� � s22 1� 5 1' Signalized Intersection Q�cGa�t`� SITE Signalized Intersection *� CIC� Los=B(B) Unsignalized `♦ 9J9`� Intersection 71 o SITE ' `mob '6\ t �l�s Road k 7� 1��~ 4 1"* It a Unsignalized a 91�11, Intersection Signalized "Suggested Intersection Improvements" LOS=B(C) Signalization 50 G`Gl tA Z �a1 J SL JI lC1G L� Denotes stop sign control Denotes traffic signal control * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 11 Phase 2:2010 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley �e� Project Number: 13415-1-0 HA3 � June 23, 2005 Page 16 0 ll TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 4a and Table 4b to summarize the trip generation for the proposed Carpers Valley development Phase 2, Scenario #1 and Scenario #2, respectively. Tahln An Carpers Valley Development - Phase 2 - Scenario #1 (Residential & Office) Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT Land Bay 1 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 133 2,288 Sub Total 67 287 354 275 144 418 5,365 Land Bay 2 710 Office 1,200,000SF 1,205 164 1,369 242 1,181 1,423 9,040 Total 1,272 451 1,724 516 1,325 1,841 14,405 Table 4b Carpers Valley Development - Phase 2 - Scenario #2 (Residential & Retail) Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Land Bay 1 220 Apartment 487 units 48 194 242 186 100 286 3,077 230 Townhouse/Condo 263 units 19 93 112 89 44 133 2,288 Sub Total 67 287 354 275 144 418 5,365 Land Bay 2 820 Retail 620,000 SF 285 182 468 1,002 1,085 2,087 22,233 Total 353 469 822 1,276 1,229 2,506 27,598 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 12, was based upon local travel patterns for the roadway network surrounding the proposed Carpers Valley site. Figures 13a and 13b shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area network for Phase 2, Scenario #1 and Scenario #2, respectively. A Phased Traffic Impact Analysis of Carpers Valley P I R Project Number: 13415-1-0 June 23, 2005 Page 17 2010 BUILD -OUT CONDITIONS The Carpers Valley assigned trips (Figures 13a and 13b) were added to the 2010 background traffic volumes (Figure 10) to obtain 2010 build -out conditions. Figures 14a and 14b shows the 2010 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figures 15a and 15b shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. A A Phased Traffic Impact Analysisf Carvers Valley Project Number: 13415-1-0 June 23, 2005 Page 18 0 0 No Scale Figure 12 Hn� A�-i-i Residential Office/Retail Phase 2: Trip Distribution Percentages A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 19 0 E i A AM Peak Hour(PM Peak Hour) Figure 13a Phase 2, Scenario #1: Development -Generated Trip Assignments _ A Phased Traffic Impact Analysis of Carvers Valley Project Number: 13415-1-0 June 23, Pagee 20 20 9 • a b �4 No Scale i � l3(6IJ Castello ti 522 `�' 50 `titip1 21, (ls) Ostello �� 00 0 SITE aArk0 w o~ Sul hurSAT'nos Road 522 Cos`e ffo ryd'� SITE 50 (jy COpe� o IJS�1� s(O�e ; � o r6or�� Average 1 J� Daily Trips TJT T�T! \ I A AM Peak Hour(PM Peak Hour) ■- Figure 13b Phase 2, Scenario #2: Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Carpers Valley r Project Number: 13415-1-0 June 23, 2005 N I Page 21 0 0 N t No Scale ` (Iq 16)3 S� a io~�� °Stef/Od 522 a ry L b~� ,v 50 °,a rj r2� by v�Qe � (27)g81� ~mil7oOss) os� 4 ) j �`� ✓p �fl eflo qt ��ae `h1ti�� f ;bb boo SITE °'�;� � e c . 0 Sul hUr ngs Road 522°� r SITE 50 Cofer o �`j7l M stOhe N � tiry- ZZ i p Lap1 G f6° p,O1SQ�O1 oaa f� tiL�1ot � r2J�o�y, �y1c` d 1 1 ~ s9r� Average Daily Trips 2�J�jJ LP, TJ 1 A AM Peak Hour(PM Peak Hour) ■-T TPT/ A Phased Phased Traffic Impact Analysis Of Valley Analysis of Carpers Valley R ~ Project Number: 13415-1-0 P June 23, 2005 Ri?PPage 22 A a No Scale �1 (IsJ29 (Iq�I73 �6(3Z3� 522 50 1�`ti�1Ltiy9, �c as �~`~ Q • // >�Jj��t �6L igSJso �o (iorlZsJs qr8 �o �.► C (q�8��86 2� ,� 1� 88, 103 �� � � ��✓ f�p�ojJ O steljo Dri �t 3 J `p,�1� �� �► J — ` I dA SITE rk Sul hurSp"Ings Road 522 SITE 50 9 �p 6I9 9J�� iMI ,00hed � �. ��1tiry11 CO rig r ` 01 o� Ora 6 ot� 11 O J b Doti^ r O L� 60ram 1 1 s9 2�J�jJ �titi1ti� R T 1 + / \ AM Peak Hour(PM Peak Hour) A Phased Phased Traffic Impact Analysis of Careers Valley Analysis of Carperr Valley Project Number: 13415-1-0 �� � June 23, 2005 4: 9 Page 23 0 i No Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 15a Phase 2,Scenario #1: 2010 Buildout Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Carpers Valley Project Number: 13415-1-0 June 23, 2005 Page 24 No Scale �t. SITE Signalized "Suggested Intersection Improvements" LOS=C(Q NB - 41 Leg WB - 1 Left EB - 1 Right �N 6?1 J aN 50 ,G1 SITE Signalized "Suggested Intersection Improvements" LOS=C(C) NB - 411 Leg WB - 1 Left EB - 1 Right 50 G tt r�J� ��► a. Road J Unsignahzed Intersection Signalized "Suggested Intersection Improvements" LOS=C(C) Signalization 50 GIGS Denotes stop sign control g1 Denotes traffic signal control Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 15b Phase 2,Scenario #2: 2010 Buildout Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Callers Valley Project Number: 13415-1-0 June 23, 2005 Page 25 0 0 CONCLUSION The traffic impacts associated with the proposed Carpers Valley development are acceptable and manageable. All intersections, assuming suggested improvements, will maintain levels of service to "C" or better during 2008 and 2010 build -out conditions. The following describes the off -site roadway improvements recommended for each of the study area intersections: • 2008 Background Conditions (Phase 1) • Route 50 @ Victory Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization. • 2008 Builtout Conditions (Phase 1) • Route 50 @ Victory In order to achieve acceptable levels of service, this intersection will require traffic signalization. • Route 50 @ Sulphur Springs Road: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along with the fourth leg (Coverstone Drive). • 2010 Background Conditions (Phase 2) • Route 50 @ Victory In order to achieve acceptable levels of service, this intersection will require traffic signalization for both Scenarios #1 and #2. • 2010 Builtout Conditions (Phase 2) • Prince Frederick Drive @ Costello Drive: In order to achieve acceptable levels of service, this intersection will require traffic signalization as well as an northbound left turn -lane (currently there is one shared lane) for both Scenarios #1 and #2 • Route 50 @ Sulphur Springs Road: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along with the fourth leg (Coverstone Drive) for both Scenarios #1 and #2 • Route 50 @ Victory Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization for both Scenarios #1 and #2. • Route 50 @ Prince Frederick Drive: In order to achieve acceptable levels of service, this intersection will require a westbound left turn -lane and eastbound right turn -lane along Route 50 for both Scenarios #1 and #2. Additionally, a northbound right turn -lane is required along Prince Frederick Drive for Scenario #2. A Phased Traffic Impact Analysis of Carpers Valley f3 Project Number: 13415-1-0 June 23, 2005 H A Page 26 Cmpers Valley 0 Impact Analysis Statement CARPERS VALLEY REZONING IMPACT ANALYSIS STATEMENT June 2005 A. Introduction This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of six parcels totaling approximately 281.5 acres, which are owned by JGR Three, LLC, Richard G. and Donna C. Dick, Constance L. Tjoumas, Gregory L. Coverstone, Cynthia Ann Pappas, Ellen LLC, LCR LLC, MDC Three LLC, Susan Sanders LLC, Liberty Hill LLC, Thomas A. Dick, Timothy J. Dick, and Michael E. Dick respectively. The parcels are identified as 64-A-82, 83, 83A, 86, 87, and 87A. The subject acreage is located on the south side of Millwood Pike (Route 50/17) across from The Ravens and Miller Heights subdivisions, and adjacent to the JIC Industrial Park, Winchester Regional Airport, and the U.S. Army Corps of Engineers Transatlantic Division Headquarters facility. The site is currently zoned RA, and includes the existing Carper's Valley Golf Club. This application proposes the rezoning of the 281.5 acre assemblage to the R4 (Residential Planned Community) District. The site is intended as a mixed use residential and employment center anchored by roughly 100 acres initially reserved for the development of federal government facilities. These significant employment uses will be complemented by moderate to high 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 Applicants (see the attached draft Proffer Statement). 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 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 than has been the historic pattern in that area. The Comprehensive Policy Plan identifies the planned use of the site as a mix of business/office and transitional land uses. The mixed use employment center concept proposed with this rezoning is consistent with this land use vision, and provides for its realization in an efficient and dynamic manner that Page 1 of 14 Rev. 6/24/05 Ca7pers valley 9 0 Impact Analysis Statement is preferable to the single use pattern that has predominated within the Urban Development Area (UDA). The Applicants believe that the proposed rezoning includes proffers that will appropriately and effectively mitigate the impacts of this development program and assure its completion in the manner envisioned by the Applicants and by the County. The mixed use employment center land use envisioned for the site is compatible with the surrounding community and consistent with the land use policies of the Comprehensive Policy Plan. As such, the Applicants submit that this rezoning request merits favorable consideration and approval. B. Comorehensive Policv Plan The properties included with this rezoning request are all located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA), and the Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan envisions the area comprised by the subject parcels as developing with business/office and transitional land uses. The properties are also located within the boundaries of the Airport Support Area, which is intended to ensure the long term viability of Winchester Regional Airport by encouraging the development of compatible land uses in areas impacted by airport operations. The proposed development program provides for a mix of employment, general commercial, and moderate to high density residential land uses, which will be developed in an integrated - "walkable" - setting. The majority of the project acreage will be reserved for employment and commercial land uses, with the remainder of the site planned for residential development. The proposed development of employment and commercial land uses is clearly in keeping with the applicable business/office land use designation. Such uses are planned at several locations within the project, although the most notable location is an approximately 100-acre area adjacent to the existing Corp of Engineers facility The Applicants propose to make this portion of the property available for a sufficient time that they may include such federal government facilities as the United States General Services Administration (GSA) is actively seeking to locate in the Winchester -Frederick County area. Additional acreage is reserved for commercial uses adjacent to the shared boundary with Winchester Regional Airport. The proposed employment use and commercial areas will thus ensure the establishment of compatible, and complementary, land uses adjacent to the Airport thereby satisfying the objectives of the Airport Support Area. Residential uses will be Page 2 of 14 Rev. 6/24/05 Carpers Valley 0 0 Impact Analysis Statement appropriately buffered from the Airport so as to avoid the all -too -common conflicts between Airport operations and nearby homes. Residential uses are proposed to extend north and east from the planned employment and commercial areas to the project boundary formed by Millwood Pike (U.S. Route 50/17). The residential component of the neighborhood will total no more than 750 market rate units of varying types consistent with the R4 zoning district, as well as at least 35 units of much needed affordable workforce housing. The planned residential uses will serve as a distinct transition from the intensity of employment uses and airport operations to the lower density suburban residential uses located on the opposite side of Millwood Pike. The Route 50 East Corridor Land Use Plan does not expressly identify either the intended composition or boundaries of the designated transitional area, and the moderate to high density residential uses proposed with this application will facilitate a reasonable transition of uses along the corridor, and further provide the neighborhood with the land use mix necessary to promote around the clock vitality. The Applicants have proffered to reserve 10 acres for dedication to Frederick County for use as a National Guard Armory facility. The provision of this land will facilitate the retention of this important public facility in the Winchester — Frederick County area, particularly in view of Congressman Wolf's recent success in obtaining substantial funding for a new facility. Upon its ultimate relocation to the site, the Armory would provide a valuable neighborhood amenity as a gathering and recreational space for residents and employees alike, as well as an improved facility for an element of America's national defense system that has taken on exceptional importance in the past decade. The recreational needs of neighborhood residents will be further served by a network of "hiker/biker" trails and other community recreation facilities, to include a neighborhood swimming pool, tennis courts, and dog park. The applicable land use policies of the Comprehensive Policy Plan promote the establishment of business/office and transitional land uses on the subject parcels. The proposed rezoning of the site to the R4 district is intended to permit the development of a mixed use employment center, which will include substantial areas for business and employment uses as well as complementary residential uses. Such complementary uses will provide an effective transition to established uses in the surrounding community. Moreover, the configuration of land uses on the site will ensure compatibility of the project with airport operations in keeping with the objectives of the Airport Support Area. Page 3 of 14 Rev. 6/24/05 Caipers Valley • 0 Impact Analysis Statement The proposed rezoning of the subject acreage from RA (Rural Areas), to R4 (Residential Planned Community) is consistent with the land use policies of the Comprehensive Policy Plan. C. Suitability of the Site Site Background and 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 property and all other A-1 and A-2 zoned land to the RA District. 2. Location and Access The subject parcels are located on the south side of Millwood Pike (Route 50/17 East) across from The Ravens and Miller Heights subdivisions and adjacent to the Prince Frederick Office Park and the Winchester Regional Airport. The VDOT functional classification system identifies Millwood Pike as a major arterial roadway. The land uses abutting the subject site to the east and west are industrial and office, respectively, with the Winchester Regional Airport adjacent to the south and single family residential uses located across Millwood Pike to the north. The site is currently accessible via Millwood Pike and Prince Frederick Drive. 3. Site Suitability The subject parcels contain identified environmental features to include areas of flood plain, wetlands, and steep slopes. But such features are minimal and manageable through the zoning and site engineering process. In all cases, disturbance will be limited in accordance with applicable regulatory standards. Flood Plain 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 Page 4 of 14 Rev. 6/24/05 Capers Valley 0 0 Impact Analysis Statement Zone A, 100-year flood plain, exists coincident with Sulfur 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. Wetlands The National Wetlands Inventory Map identifies four wetland features on the site, all of which are man-made ponds associated with the existing golf course use. Soils and Steep Slopes The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. As 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 Wei kert-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. Steep slopes (areas of 50% slope or greater) exist along the frontage of the site and adjacent to two ravines that drain the site to Sulphur Spring Run. Some disturbance of these areas will be necessary to implement proffered transportation improvements, as well as to implement the planned stormwater management system. Pursuant to the Zoning Ordinance, any such disturbance or re -grading shall be limited to no more than 25% of the area comprised of steep slopes. The location and scope of the steep slopes identified on the site do not compromise the suitability of the site for development. D. Transportation The Carpers Valley project will be served by a multi -modal transportation network designed to safely and efficiently accommodate automobile, bicycle and pedestrian traffic. The transportation improvement program proffered with this application will interconnect the various uses planned within the project, and further integrate the project with the surrounding community. The implementation of this program will occur in phases structured to coincide Page 5 of 14 Rev. 6/24/05 Capers Valley 0 0 Impact Analysis Statement with the introduction of land uses on the site, as specified by the Proffer Statement (see attached). A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area, as well as actual traffic counts. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the TIA projects that the proposed development will produce 12,917 vehicle trips per day (VPD). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. The external road system serving the site is comprised of Millwood Pike (Route 50/17 East) and Prince Frederick Drive (Route 781). Millwood Pike is a four lane major arterial roadway and Prince Frederick Drive is a two lane minor collector road. The TIA indicates that signalization will be required at the intersection of Costello Drive and Prince Frederick Drive at project build out. Moreover, signalization will be necessary at the intersection of Victory Road and Millwood Pike, which will be required with or without the introduction of project -generated traffic into the corridor. The Applicants have addressed these external system requirements by proffering to participate in funding these signal improvements. The internal transportation improvement program proffered by the Applicants will effectively tie the project into the existing external system and provide the framework for internal access and mobility. A major collector road (Coverstone Drive) is proposed to extend through the site from Millwood Pike to Prince Frederick Drive. This collector road will consist of four travel lanes within an 80-foot right of way and will be developed in two principal phases corresponding with development of the planned land bays. Moreover, this application provides for the future extension of the collector road to relocated US Route 522, which will provide a direct means of access to this arterial roadway from the County's planned public safety building. Direct project access from Millwood Pike will be limited to an entrance aligned with Sulphur Spring Road (Route 655). This entrance will provide principal access to Land Bay 1, which is planned to contain residential uses consisting of mixed housing types, and will further serve as a secondary access point for employment -related traffic destined for Land Bay 2. The intersection of Sulphur Spring Road and Millwood Pike is currently controlled by a three-way traffic signal. This signal will be upgraded by the Applicants to a four-way signal upon construction of the entrance. Page 6 of 14 Rev. 6/24/05 Ca pers Valley 0 0 Impact Analysis Statement E. Sewage Conveyance and Water Supply The existing golf course is 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 and enable gravity flow to the existing main. The Abrams Creek interceptor will convey effluent from the project for treatment at the Opequon Water Reclamation Facility. A 12" water main currently extends through the central portion of the site. The proposed development would connect directly to this existing line pursuant to FCSA requirements. Sufficient water capacity exists to serve the domestic and fire protection demands of the project. Project build -out will consist of a maximum of 750 market rate dwelling units and approximately 950,000 square feet of office and/or general commercial uses. Using the standard water consumption rates for single famil�t attached/multi-family residential uses and general commercial/office uses , the proposed development is projected to consume approximately 302,500 GPD (gallons per day) of water and produce equivalent sewer flows. F. Site Drainage The site naturally drains north to Sulphur Spring Run via several pronounced drainage divides. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. The preservation of riparian buffers containing existing vegetation will provide significant mitigation of nutrient losses. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply with all County, State and Federal regulations. G. 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. H. Historic Sites and Structures ' 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. Page 7 of 14 Rev. 6/24/05 Capers Valley 0 0 Impact Analysis Statement 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. I. Impact on Community Facilities The Frederick County Fiscal Impact Model was run by planning staff to project the fiscal impact on community facilities attributable to the proposed rezoning. The output module generated by this analysis indicated that the proposed land uses would result in a net positive fiscal impact at project build out. Nevertheless, the Applicants have proffered to provide a per unit monetary contribution to ensure that the unique impacts to particular public facilities are appropriately addressed. Specifically, the Applicants have proffered to contribute $2,637 per market rate unit at the time of building permit issuance. The total contribution is proffered to be allocated as follows: ■ Fire and Rescue: $422.00 per unit ■ Public Schools: $1,714.00 per unit ■ Recreation & Parks: $343.00 per unit ■ Library: $79.00 per unit ■ Administration: $79.00 per unit TOTAL: $2,637 per unit An escalator clause is included with the proffer statement to mitigate the effects of inflation on the value of the proffered monetary contributions. This provision stipulates that any monetary contributions proffered by the applicant that are paid after 30 months from the date of rezoning approval will be adjusted pursuant to the Urban Consumer Price Index (CPI-U). J. Modifications 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: Page 8 of 14 Rev. 6/24/05 Carpers Valley 0 0 Impact Analysis Statement 1. Modification of Section 165-68 of the Frederick County Zoning Ordinance governing the procedure for R4 rezoning petitions. Current Standard: A master development plan (MDP), meeting all requirements of Article XVIII of the Zoning Ordinance, shall be submitted with an application for R4 zoning. The master development plan review procedures described by Article XVII must also be completed concurrently with or following the consideration of the rezoning. Proposed Standard: A generalized development plan (GDP) identifying major land bays and the proffered transportation network shall be submitted with the rezoning application in lieu of a master development plan (MDP). A complete MDP application will be submitted to Frederick County for review following rezoning approval, pursuant to the criteria of Article XVIII of the Zoning Ordinance. Justification: The R4 District requirements stipulate that a complete Master Development Plan (MDP) shall be submitted with an application for R4 zoning. The MDP is a plan document that is used to evaluate conformance with ordinance and other technical requirements applicable to land development, and has historically served as a bridge between the conceptual nature of a rezoning application and the more precise documents required for subdivision and site plan approvals. As such, it serves a valuable role in applying engineering detail to the generalized land use and infrastructure framework established through the proffer statement of an approved rezoning. This two part process ensures that the rezoning evaluation is focused on policy conformance and impact mitigation, and not overwhelmed by the technical minutiae associated with the MDP. The proffering of a detailed MDP "locks" an applicant into a development plan that cannot be changed without filing a subsequent rezoning petition for amendment of the approved proffers, regardless of the purpose or scope of the necessary change. Alterations to the routes of internal streets, stormwater management facilities, and layout of uses within land bays would require approval of the Board of Supervisors through the rezoning process, whereas a project subject to a typical — "non -proffered" — MDP may often complete such modifications through an administrative process. Such changes are almost certain to be necessary for a given Page 9 of 14 Rev. 6/24/05 Capers Valley 0 • Impact Analysis Statement project to respond to evolving regulatory and market conditions over the course of the development cycle. The plan proposed with this application represents a dynamic concept that will require flexibility in all phases of the development process to successfully implement. The Applicants are committed to developing a project that is both innovative and viable, and thus recognize that the design process cannot end at the time of rezoning, but must continue as an ongoing exercise open to emergent information and ideas. A proffered generalized development plan (GDP) will provide appropriate assurances to the community regarding the fundamental physical components of the proposed development while ensuring sufficient flexibility for the Applicants to achieve superior project design. The requested modification would allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning in lieu of the complete MDP. The GDP will identify the relationship of the project site and the proposed development to the surrounding transportation network and adjoining land uses. Moreover, the GDP will provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or employment/commercial land uses, as well as the proffered transportation network. The GDP will further delineate the approximate size of each land bay as well as the planned housing types for residential land bays. The Applicants will submit an MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development will be provided. 2. 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. Page 10 of 14 Rev. 6/24/05 Catpers valley 0 0 Impact Analysis Statement 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 Carpers 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 future County residents. 3. 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. Page 11 of 14 Rev. 6/24/05 Caipers Valley 0 isInipact Analysis Statement Justification: The proposed rezoning is sought to enable development of a mixed use employment 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 a mixed use employment center are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. The mixed use employment 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 employment and commercial 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 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. Page 12 of 14 Rev. 6/24/05 Capers Valley 0 0 Impact Analysis Statement — MDP may often complete such modification process. Such changes are almost certain to project to respond to evolving regulatory and course of the development cycle. s through an administrative be necessary for a given market conditions over the The plan proposed with this application represents a dynamic concept that will require flexibility in all phases of the development process to successfully implement. The Applicants are committed to developing a project that is both innovative and viable, and thus recognize that the design process cannot end at the time of rezoning, but must continue as an ongoing exercise open to emergent information and ideas. A proffered generalized development plan (GDP) will provide appropriate assurances to the community regarding the fundamental physical components of the proposed development while ensuring sufficient flexibility for the Applicants to achieve superior project design. The requested modification would allow submission of a proffered Generalized Development Plan (GDP) at the time of rezoning in lieu of the complete MDP. The GDP will identify the relationship of the project site and the proposed development to the surrounding transportation network and adjoining land uses. Moreover, the GDP will provide a general layout for the proposed development, organizing the entire acreage into land bays identified for either residential or employment/commercial land uses, as well as the proffered transportation network. The GDP will further delineate the approximate size of each land bay as well as the planned housing types for residential land bays. The Applicants will submit an MDP application for review subsequent to rezoning approval, at which time greater detail concerning land bay development will be provided. 2. 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 Page 10 of 14 Rev. 6/24/05 Impact Analysis Statement approved proffer statement without limitation to the percentage or ratio of any given housing type. 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 Carpers 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 future County residents. 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 planned community shall and industrial purposes. the gross area of the be used for commercial Proposed Standard: No more than 60% of the gross area of the planned community shall be used for business and commercial purposes. Caipers Valley 0 46 Impact A nalysis Statement Justification: The proposed rezoning is sought to enable development of a mixed use employment 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 a mixed use employment center are business and commercial uses, with residentially designated areas comprising a lesser amount of the total land area. The mixed use employment 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 employment and commercial 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 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. Page 12 of 14 Rev. 6/24/05 VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: 0 SETBACK REQUIREMENTS: 0--CD) RA ZONING: ti TRADITIONAL 5 AC LOTS — FRONT = 60' REAR & SIDE ADJOINING RESIDENTIAL/VACANT = 50' ADJOINING AGRICULTURAL = 100' ADJOINING ORCHARD = 200' RURAL PRESERVATION LOTS — FRONT = 60' FROM EXISTING STATE MAINTAINED ROAD 40' FROM EXISTING PRIVATE I/E ESMT OR STATE MAINTAINED ROAD CONSTRUCTED TO SERVE THE SUBDIVISION SIDE = 15' REAR = 40' EXISTING DWELLINGS — SIDE & REAR = 50' ACCESSORY USES — SIDE & REAR = 15' R4 ZONING: REFERENCE ARTICLE VII OF THE FREDERICK COUNTY ZONING ORDINANCE. FREDERICK COUNTY SUBDIVISION ADMINISTRATOR4��if-52� WINCHESTER REGIONAL AIRPORT AUTHORITY AN a. 1 1 \(� l►�U k �1it ���. 2. E DATE NOTES: 1. FREDERICK COUNTY PINs: 64—A-83, 64—A-86 & 64—A-87 (ZONED: R4); AND 64—A-79 & 64—A-88 (ZONED: RA). 2. BOUNDARY INFORMATION FOR PARCEL 86 IS BASED ON THE "COMPOSITE BOUNDARY SURVEY EXHIBIT PREPARED FOR MILLER AND SMITH", CERTIFIED FEBRUARY 6, 2006, PREPARED BY GREENWAY ENGINEERING. BOUNDARY INFORMATION FOR PARCEL 79 IS BASED ON THE DEED OF CONVEYANCE RECORDED IN DB 659, PG 175 AND THE PLAT RECORDED IN DB 800, PG 1693. BOUNDARY INFORMATION FOR PARCEL 83 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070001976. BOUNDARY INFORMATION FOR PARCEL 87 IS BASED ON THE BOUNDARY LINE ADJUSTMENT RECORDED AS INST #070009451. BOUNDARY INFORMATION FOR PARCEL 88 IS BASED ON THE ORDER CONFIRMING COMMISSIONERS' REPORT RECORDED IN DB 423, PG 30; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. THIS PLAT IS NOT BASED ON A CURRENT FIELD RUN SURVEY. 3. BASIS OF MERIDIAN IS NAD 83, VIRGINIA NORTH ZONE. 4. PURSUANT TO AN EXAMINATION OF HUD FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 510063 0115B, WITH AN EFFECTIVE DATE OF JULY 17, 1978. THESE PROPERTIES LIE IN ZONE "C" (AREA OF MINIMAL FLOODING). 5. LOT CORNERS TO BE SET IN ACCORDANCE WITH FREDERICK COUNTY AND COMMONWEALTH OF VIRGINIA REGULATIONS. 6. PREPARED WITHOUT BENEFIT OF A TITLE REPORT. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT ARE THE SAME PROPERTIES CONVEYED TO: CARPERS VALLEY DEVELOPMENT, L.L.C. INSTRUMENT #060003761 AS TO PINs 64—A-86 & 64—A-87 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 AS TO PIN 64—A-79 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 AS TO PIN 64—A-88 GOVERNOR'S HILL, L.L.C. INSTRUMENT #060007880 AS TO PIN 64—A-83 T H r7F j'l O � v CORY M. HAYNES > Lic. No. 2539 ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. n our) ie nnn BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PH117 East Piccadilly Street Winchester, Virginia 22601 RAT 540.667.2139 F 540.665.0493 SHEET 1 OF 7 OWNER'S CONSENT AS TO PARCELS 86 & 87: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF CARPERS VALLEY DEVELOPMENT, L.L.C., AS APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. CARPERS V,4LEY DEVELOPMENT, L.L.C. BY: MS TORS, L.L.C., MANAGING MEMBER CD BY:MSmz --f l Z aIO 7 C� CHARLES F UART JR., MANAGER (DATE) NOTARY PUBLIC STATE OF 0 (H N/A' CITY/COUNTY OF �WlR F,4x- THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON `j�z0 O 7 BY Cna`'Ies /_ Sfyo ,t-, Tim. MY COMMISSION EXPIRES �� B //zo 1y (NOTAR PUBLIC) (DATE) OWNER'S CONSENT AS TO PARCELS 79 & 88: THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT AND DEDICATION OF DRAINAGE EASEMENT ON AND THROUGH THE PROPERTY OF WINCHESTER REGIONAL AIRPORT AUTHORITY, AS APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. W T4CHIES`I'ER RDGIONAL AIRPORT A[TI'HORITY (DATE) e e � PRINTED NAME & TITLE Serena R. Manuel NOTARY PLWC STATE OF t ri �''�.4 CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ilk.% BY 7tlGnd (NO Y PUBLIC) 1to2i (� s MY COMMISSION EXPIRES (D y� OWNER'S CONSENT AS TO PARCEL 83: Wj THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE PROPERTIES OF GOVERNOR'S HILL, V. 60>A5' ' t, APPEARS ON THE ACCOMPANYING PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE O'ENIIS THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. GOVERNOR' HILL, L. .C. BY: MS PER V LLEY IN STORS, L.L.C., MANAGING MEMBER BY: CHARLES STUAR JR., MANAGER '�/w/o (DATE) NOTARY PUBLIC STATE OF I//)f&lA) CITY/COUNTY OF F/2(g'=1Y THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON �Z/"/O 7 BY MY COMMISSION EXPIRES (NOTARY PUBLIC) CURVE TABLE CURVE RADIUS I DELTA LENGTH TANGENT BEARING CHORD C1 25.00' 58'40'04" 25.60' 14.05' N75'57'49"W 24.49' C2 1630.00' 8'37'46" 245.50' 122.98' N50'56'40"W 245.27' C3 25.00' 58'40'04" 25.60' 14.05' N84'35'35"W 24.49' C4 25.00' 58'40'04" 25.60' 14.05' N84'35'35"W 24.49' C5 1630.00' 7'41'40" 218,90' 109.61' N51'24'43"W 218.73' C6 1630.00' 0'56'06" 26.60' 13.30' N47'05'50"W 26.60' C7 7991.20' 2'52'05" 400.00' 200.04' S05'53'09"W 399.96' C8 40.00' 45'06'22" 31.49' 16.61' S78'35'12"W 30.68' C9 1955.00' 5'27'45" 186.39' 93.27' N76'07'44"W 186.32' C10 1300.00' 4'29'27" 101.89' 50.97' N68'08'47"W 101.87' C11 500.00' 13'49'13" 120.60' 60.60' S72'48'40"E 120.31' C12 787.00' 6'34'49" 90.38' 45.24' S83'00'41 "E 90.34' C13 262.00' 26*10'07* 119.66' 60.89' S16'09'35"E 118.63' C14 200.00' 16'39'54" 58.17' 29.29' S00'46'25"W 57.97' C15 200.00' 13*19'45" 46.53' 23.37' S00'53'39"E 46.42' C16 50.00' 45'30'05" 39.71' 20.97' S31'40'33"W 38.67' C17 707.50' 15'44'23" 194.36' 1 97.79' 1 N78-25-54"W 1 193.75' C18 2022.50' 20'45'59" 733.04' 370.59' N80'56'42"W 729.03' C19 1377.50' 44'41'55" 1074.64' 566.34' N68'58'44"W 1047.60' C20 1697.50' 8'37'46" 255.67' 128.08' N50-56'40"W 255.42' LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N70'18'36"W 145.94' 1-5 S07'33'32"E 30.97' L2 S44'56'58"W 50,00' L6 N81'04'29"W 1.00' L3 S01'32'34"W 16,57' L7 N82'40'49"W 40.67' L4 S09-06'22"W 83.31' 1 L8 N55'15'33"W 64.49' p.J T H OF : e E ?,, v CORY M. HAYNES Lic. No. 2539 1I07 'e 4Z) BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNODRS HILL AN WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street P Winchester, Virginia 22601 HRAF T 540.667.2139 540.665.04930493 SHEET 2 OF 7 ❑'i DUD- A Onn7 G Y-W AINK3 Gy-A-BG _ G y- m NEW 64—A-79 NEW 64—A-87 NEW 64—A-83 AREA TABULATION: 64—A-79 PARCEL A +5.3884 AC PARCEL B +9.2435 AC PARCEL C —14.2936 AC PARCEL D +1.2934 AC PARCEL E —0.5763 AC NET AREA 1.0554 AC ADDED TO 64—A-79 x 64—A-83 (OLD) 64—A-83 117.5443 AC PARCEL D—1.2934 AC (NEW) 64—A-83 116.2509 AC- 64—A-86 a° (OLD) 64—A-86 102.3888 AC \� PARCEL B—9.2435 AC PARCEL C +14.2936 AC \ n, (NEW) 64—A-86 107.4389 AC 1\V Q (L)CORY THOFDM. HAYNES 9No. 253913i ]o7GRAPHIC SCALEo soo io00 2Rp4' ( IN FEET ) 1 inch = 1000 ft. SHEET INDEX 64—A-87 (OLD) 64—A-87 21.9283 AC PARCEL A —5.3884 AC PARCEL E +0.5763 AC PARCEL F +0.8583 AC (NEW) 64—A-87 17.9745 AC 64—A-88 (OLD) 64—A-88 37.442 AC PARCEL F—0.8583 AC (NEW) 64—A-88 36.5837'AC BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WNCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' = 1000' DATE: MARCH 282006 REVISED: AUG. 31,, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PHFA+ 3 0 C4 N Q J m 0 u� i a w Q Y 3 D U) 0 I i to K) 117 East Piccadilly Street Winchester, Virginia 22601 00 T 540.667.2139 i F 540.665.0493 SHEET 3 OF 7 a (D PHR+A 2007 NEW PARCEL 79 PARCEL D / 1.2934 AC / MATCH UNE ADDED TO PARCEL 79 / SEE SHEET 5 Q- Z 64-A-79 � o ;�64-A-83 �� �, ; �+ GOVERNOR'S HILL, L.L.C. °C3 WINCHESTER REGIONAL �o o, INST #060007880 00 AIRPORT AUTHORITY � �� /o ZONED: R4 "'- DB 659, PG 175 2h: /PROPERTY DB 800, PG 1693 Q4'� NEW PARCEL 83 ZONED: RA 116.2509 AC R=50.00' LINE L=80.10' / HEREBY CREATED L4 / L5 C14 CIJ _ C7 N04'?7'06"E 450.01' rnn n N56'14'23"W 31.27' 6 2.00' / N 83 No TH ZONE VIRGINI A ( 50' ACCESS ESMT 64—A-82 \ N /F COUNTY OF FREDERICK, VIRGINIA INST #070001977 ZONED: R4 USE: VACANT 64-A-80J N /F CAMPFIELD LLC INST #060010003 ZONED: M1 USE: INDUSTRIAL C10 C11 C12 22.5 I ` o� �o �0 No I -N O m Z �r m� �J C81k�) GO W � I ,1, o` cn co �ww O a UJ 2.5' C17 r� VARIABLE WIDTH TEMPORARY I/E, ACCESS & \ UTILITIES ESMT S6, INST #070001976 \ \ 64-A-80Q 0 / N/F k_�1\ j BLUE RIDGE / INDUSTRIES DB 787, PG 1122 ZONED: M1 USE: INDUSTRIAL (400"'14Z) HOFORM M. HAYNESLic. No. 2539 8l37 GRAPHIC SCALE�.0 100 200 S'[JR ( 1N FEET ) 1 inch = 200 ft BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. PHFA+ 3 0 N a J m 0 in <r a w Of Q Y a- 0 3 11 Ln 117 East Piccadilly Street L, Winchester, Virginia 22601 0 T 540.667.2139 i F 540.665.0493 SHEET 4 OF 7 0 :� rn![tH ZVV/ CD 0 ,j PP N � 1CNE ERG\N\ P 64-A-79 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 659, PG 175 DB 800, PG 1693 00 ? Q- / Q 2 4Z / C7ti ` ��^ Iv / Q �o 65 NEW PARCEL 86 CO Cd v v ��, / 22 107.4389 AC 22S• (0 Q I l Qr 1 'gyp 64-A-86 CARPERS VALLEY DEVELOPMENT, L.L.C. / Z INST #060003761 ZONED: R4 �> I CO � I w >- om I yFRFpFRT y a = I `)4 CRFq� II C19 J 54322 yFR�pFRFp K' 57r g46`.58o N 7'58 N IGOV GOVERNOR'S L.L.C.ml6y 0INSZ#06OOR4880VICgIt 5576E ODN09p NEW PARCEL 83 MATCH LINE — SEE SHEET 4 � 116.2509 AC W MATCH LINE — SEE SHEET 6 Z J ) ^� / Of � C) CL CO `O �� � �V� 2� LLJ ZONED: RA N / a 442�F NEW PARCEL 79 BSSS• v�Q V p Q�<v� (4004Z p,1,T H OF RY M. HAYNESic. No. 25398131 to7 GRAPHIC SCALE4Lo ioo 200 SM ( IN FEET ) 1 inch = 200 ft. BOUNDARY LINE ADJUSTMENT ct Y BETWEEN a GOVERNORS HILL AND w WINCHESTER REGIONAL AIRPORT It SHAWNEE MAGISTERIAL DISTRICT N FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 j Ur, Patton Harris Rust & Associates M Engineers. Surveyors. Planners. Landscape Architects. j v 117 East Piccadilly Street PHF Winchester, Virginia 22601 P x T 540.667.2139 i 54930.665.04930493 SHEET 5 OF 7 a_ U PHR+A 2007 0 0 Mq T G1N\ P NORTM ZONE °� / / SyFFT � ^O/ / P0 G 3 64-A-79 WINCHESTER REGIONAL4)00 AIRPORT AUTHORITY �/ ��� //°�40 DB 659, PG 175 / ��� / c�� ooh DB 800, PG 1693 0�°`' / oo°off 2 .� ZONED: RA a��°o / �A.�o`O�°o NEW PARCEL 79VC CY co 40 4vz J o <u gY'� (, Co) `o W O o 2 .. Q o69 Qo/ �° / / \ �S43• •^��3 32' / / 5961) 8 ly ``jam '•�� n� '^'� �O / PARCEL A �4 06 09,, / 5.3884 AC 0g8. g6� / ADDED TO PARCEL 79 s� 64—A-87 / a L8 CARPERS VALLEY PR `O DEVELOPMENT, L.L.C. / HEREe� ARE ONES ���v 22s2s INSTONED94R� (BLA) A TED o c, C20 S2559'NEW PARCEL 87 4p" 17.9745 AC W 25032' W j Q rn Vcp Cifm v o�O��o�°� lOg6.g9 Wall V) Q ary�� �� VA, 64-A-86 a Q°�`���, CARPERS VALLEY a = a C ��,�, 4Z ^;,� DEVELOPMENT, L.L.C. A� T <v,�^ INST r60003761 o,a o �� a`�I��^ ZOj�ED: R4 v.. ^��^ QNEW PARCEL 86 MAT �V / Q Q. 107.4389 AC SEE MEET LINs BOUNDARY LINE ADJUSTMENT BETWEEN NJ, TH OF GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT OSHAWNEE MAGISTERIAL DISTRICT v CORY M. IiAYNES 9 FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 Lic. No. 2539 REVISED: AUG. 31, 2007 8j3)107 Patton Harris Rust & Associates GRAPHIC SCALE L Engineers. Surveyors, Planners. Landscape Architects. o 100 200 400 C.Q� SUR C4- 117 East Piccadilly Street P J� Winchester, Virginia 22601 IN FEET) H T 540.667.2139 1 inch = 200 ft 1 1 F 540.665.0493 SHEET 6 OF 7 i rnrcth LVV/ J NEW PARCEL 88 36.5837 AC 64—A-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423, PG 30 DB 800, PG 1693 ZONED: RA PROPERTY LINES HEREBY CREATED S eE � S2S S�. �FTgIC- >,q�C�'V 8 p4 hlv 1 �g FL N,382 8 s6' o MgTON/��NF4 88532, PROP JhFFT 6 yFRFe y RTY PROP �RF ��NF NeRFCr Z PARCEL E 0.5763 AC ADDED TO PARCEL NPR g3 pNE NORM Z 1 � 64-10-3 N 144j N /F KAREN B BARRETT—PERRY, et al /M INST #040009854 O /14 ZONED: B2 USE: VACANT CO 40 PARCEL F 0.8583 AC ADDED TO PARCEL 87 PROPOSED FUTURE COVERSTONE DRIVE �S ' \q F 7, 87 / aB�O����89 a 8 °2C�,oc� T 64—A-89B Z__ ��"A 0 �. ��j. cti PRINCE FREDECRICK c'769Ts GRODB 802, PG 1047 \ ZONED: B2 USE: OFFICE NOTE: EXISTING -� ESMTS RECORDED IN ° P �(v�v IN #060006044 17t) l N CID \ \\7 / DETAIL SCALE: 1' = 100' GRAPHIC SCALE 0 100 200 400 ( IN FEET ) 1 inch = 200 ft. p,LT H OF Gf U�{ CORY M. HAYNES v Lic. No. 2539 l 'SUR BOUNDARY LINE ADJUSTMENT BETWEEN GOVERNORS HILL AND WINCHESTER REGIONAL AIRPORT SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: MARCH 28, 2006 REVISED: AUG. 31, 2007 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. i Ln to 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 i F 540.665.0493 SHEET 7 OF 7 a' U rr1K+A ZUU/ N O_ mN 0 sr C N C m 0 > a� C c Q � U O � cV O M U W rnw a E _ p p w 0 au oIL 0,6 N to 0 0 m � C C O C U C3uiu R. Alton Atto=y at !Aa W-beMr, Virginia UK96)2iti0390 DEED OF GIFT THIS DEED, made and dated this;De day of.! i-r 1 2000, by and between CONSTANCE LYNN TJOUMAS and GREGORY L. COVERSTONB as TRUSTEES OF THE ASPACIA S. COVERSTONE TRUST AGREEMENT dated December 28, 1995, and as amended January 30, 1996, hereinafter referred to as the Grantors, and CONSTANCE LYNN TJOijMAS, GREGORY L. COVERSTONF, and CYNTHIA ANN PAPPA;a, as tenants in common, hereinafter referred to as the Grantees. WITNESSETH: That pursuant to the provisions of the Aspacia S. Coverstone Trust Agreement, the Grantors do hereby quitclaim, release, and convey unto the said Constance Lynn Tjoumas, Gregory L. Coverstone, and Cynthia Ann Pappas as tenants i in common, in equal undivided one-third shares, any and all of their interest in, right and title to the following described property: All of that certain lot or parcel of land, together with the rights, privileges, improvements, and appurtenances thereunto belonging, lying and being situate in Frederick County, Virginia, about three and one-half miles eastward from Winchester, containing 65.03 Acres, more fully described In the Plat and Survey by Richard U. Goode, C.S. dated January 30, 1952, which is ot record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 222, Page 233, and being the same land conveyed to Lawrence P. Coverstone and Constance Lynn Tjoumas as Trustees of the Aspacia S. Coverstone Trust Agreement by deed from Lawrence Payne Coverstone and Aspacia S. Coverstone, dated December 28, 1995, and recorded in Deed Book 851, Page 28 and being the same land conveyed to Lawrence P. Coverstone and Constance Lynn Tjoumas as Trustees of the Aspacia S. Coverstone Trust Agreement by deed from Lawrence Payne Coverstone, dated February 27, 1997, and recorded in Deed Book 874, Page 1605. Reference is herein made to the said records for a further and more particular BK962�'-A39 ! description of said property, and which description is incorporated herein by reference thereto. This conveyance is made subject to all legally enforceable restrictions, easements, and rights of way of record affecting the subject property. WITNESS the following signatures and seals. �1. e- e. , , -/ (SEAL] GR G t VERSTONE, RUSTEE COMMONWEALTH/$TATE OF CITY/COUNTY OF ii•.�=to it: a Notary Public of the aforesaid state and jurisdiction, do hereby certify that Constance Lynn Tjoumas, whose name was signe in my presence to the foregoing Deed, bearing date on the �s c-k'day of i 2000, has personally appeared before me and acknowledged the same in my fate and jurisdiction aforesaid. Given under m hand this / Q J !Je(;jG•., y /_ "l day of 2 (.�t_ �, 2000. p �Gr Notary Public 0 L ,• j Mq �anlmisslon expires: cj Cisarlaa R. Ahmt Avoraey at LAw WLWhat", V14wa COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: 1, a Notary Public of the Commonwealth of Virginia, do hereby certify that regory . Coverstone whose name was signed in my presence 1 _ 2 BK96211'60392 to the foregoing Deed, bearing date on the _020 dayof l�rrtc�/ ersonali a g State has p y appeared before me and acknowledged the same in my state and jurisdiction aforesaid. C �1 Given under my hand this � day of �, 2000. Notary Public • .. a', My commt.sion expires' ;yap a47: Cr VIRGINIA: FREDERICK COUNTY, SCr. This Instrumpt of writ g was produced to me on at and vdt t cctllfi ac cf acknevoicdgement thereto annexed w,at�admed i to mcurd. Tax imposed by Sec 58.1-802 of t/ / L . and 59.1.901 have been paid, if assessabfG 404444 dv , Ck9k Cud. R. Aeon Auom y at L+ WuW1.aec, Vigil. t,r 94074 ' LINDA C. ADMRK- TO; DEED RICHARD G. DICK, ET UI gissarcrs9 THIS DEED suds and dated this day of 983, by and between LINDA C, KIRws, Adainistratrix of the ;state of Bettie E. Carper, pursuant to that Order of the :ircuit Court of Frederick County, Virginia dated August M 19830 recorded in Chancery Order Book 63, at page $S, of the one part, harelnafter called the Grantor, and RICHARD G. DICK and DONNA C. DICK, his wife, of the other part, hersinaftsr called the Grantees NITNESSETHI That for and in consideration of the sun of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the Grantor does heroby grant and convey with special warranty of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all of those two (2) certain tracts or parcels of land, with all improvements and appurtenancse thereto belonging, containing 71-1/2 acres, more " less, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, on the Millwood pike about 2-1/2 miles from winchester, Virginia. This is the acme property conveyed to Bettie E. Carper by deed dated December 1, 1917 from John C. CG4 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 141,_at page 269t less however, the following conveyances (1) All of that certain tract of land more particularly described by that certain deed dated November 20, 1934 from Bettie E. v� Carper to the Commonwealth of Virginia of record in the aforesaid Clark'0 Office in Deed sock 169, at pa9 ed Janusrryy 1971, (l) conveyance toat certain the dtheCt� oewonwealth of Virginia of record in the aforesaid Clark's Office #a Deed Book 376, at page 120. t I' eic56sm?To To which deeds and the referances therein contained referents is Wade for a further description of the said property. This conveyance is made subject to all duly recorded and enforceable restrictions, easemnts and rights of way, if any, affecting title to the said property. MITNEsS the following signature and seal the date first above writtens WE LIND KE , n str tr x of the Estate of Bettie E. Carper• Deceased VMTt Of VI1tl0MAO AO "'460, or ,to -wits The foregoing instrtaent was acknowledged before as this A4ay of November, 1913, by Linda C. Xsrns, Administratrix of the tstate of Bettie t. Carper, deceased. My commission expires Notary c I U .i tiC4 ciu iry, ;;cr. T..ts i"Iuwsut of writing was produced b me on the t /Bi�r d,f of YI , 41 19� at j.ad with cerliltcale of ackaowlsdgmeat theroto anaea was admitted to rJooid. Tax unNosod by Jac. 56-A. 1 01 and 5}54 have been putd, " assessable /f 1 (vL(- A--9.3/J CF - A- - TG I Law Offices Erey A. Hanley, PC P O Box 33 mchescer VA 22604 04401182U _,I - S'-7 A- 97V EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1-811(A)(11) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION THIS DEED, made this 51" day of _ by and between CARPER'S VALLEY GOLF CLUB, L.P., a Virginia limited partnership, hereinafter called Grantor; and JGR THREE, LLC, a Virginia limited liability company, ELLEN, LLC, a Virginia limited liability company, LCR, LLC, a Virginia limited liability company, MDC 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, an individual and resident of Richmond, Virginia, TIMOTHY J. DICK, an individual and resident of Atlanta, Georgia, and MICHAEL E. DICK, an individual and resident of Williamsburg, Virginia, hereinafter collectively called Grantee, WITNESSETH: O cn a THAT FOR good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto JGR THREE, LLC an undivided 1 percent interest, unto ELLEN, LLC an undivided 16.42 percent interest, unto LCR, LLC an undivided 16.41 percent interest, unto MDC THREE, LLC an undivided 16.42 percent interest, unto SUSAN SANDERS, LLC an undivided 16.42 percent interest, unto LIBERTY HILL, L.C., an undivided 27.03 percent interest, unto THOMAS A. DICK, an undivided 2.1 percent interest, unto TIMOTHY J. DICK an undivided 2.1 percent interest, and unto MICHAEL E. DICK, the remaining undivided o J CJ1 lD 2.1 percent interest, as tenants in common with Special Warranty and English Covenants of Title, all of Grantor's right, title, and interest in the following described tracts or parcels of land together with all improvements, privileges, and appurtenances therewith connected, to wit: PARCEL I: ALL OF THAT certain tract of land containing 97.8� 4 acres, more or less, and being a portion of the same property acquired by CARPER'S VALLEY GOLF CLUB, INC. by deed from MONFORD D. `r I CUSTER, JR., et al, dated October 6, 1970, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 370, Page 207; PARCEL II: ALL OF THAT certain tract of land containing ten (l 10) acres, more particularly described by that certain plat and survey dated g� January 2, 1962, prepared by Lee A, Ebert, C.L.S., of record in the aforesaid Clerk's Office in Deed Book —at Page M,_and being a (y� portion of the same property acquired by CARPER'S VALLEY GOLF / 1 CLUB, INC., by Deed from MONFORD D. CUSTER, JR., et al, dated v October 6, 1970, of record in the aforesaid Clerk's Office in Deed Book 370, Page 207; U4, Law offices frey A Hanley, P C P. O. Box 53 {ndxater VA 22604 PARCEL III: ALL OF THAT certain tract of land containing 24.815 acres acquired by CARPER'S VALLEY GOLF CLUB, INC., .by Deed from the CITY OF WINCHESTER, VIRGINIA dated December 20, Co fit, 16, ffreecord in the aforesaid Clerk's Office in Deed Book 386, Page PARCEL IV: ALL OF THAT certain tract of land containing 14.242 R �c(� acres, and being the same property acquired by CARPER'S VALLEY GOLF CLUB, INC., by Deed from J. P. DARLINGTON, et ux, dated July 30, 1984, of record in the aforesaid Clerk's Office in Deed Book 58. 0,_ b I Page 286; pt BEING the same property conveyed to RICHARD G. DICK and DONNA C. DICK, his wife; JOHN G. RUSSELL, III, TRUSTEE FOR THE MONFORD D. CUSTER JR. IRREVOCABLE AGREEMENT OF TRUST DATED JULY 1, 1981; and JOHN G. RUSSELL, III, TRUSTEE FOR THE LUCY L. CUSTER IRREVOCABLE AGREEMENT OF TRUST DATED JULY 1, 1981 by Deed dated December 28, 1988, from CARPER'S VALLEY GOLF CLUB, INC., of record in the aforesaid Clerk's Office in Deed Book 702, Page 100; 2 . C�y M CD Law Offices If[myA fianley,PC P. O Box 33 mchester VA 22604 AND BEING the same property acquired by Grantor by Deed of Assumption from RICHARD G. DICK and DONNA C. DICK, his wife; JOHN G. RUSSELL, III, TRUSTEE FOR THE MONFORD D. CUSTER JR. IRREVOCABLE AGREEMENT OF TRUST dated July 1, 1981; and JOHN G. RUSSELL, III, TRUSTEE FOR THE LUCY L. CUSTER IRREVOCABLE AGREEMENT OF TRUST dated July 1, 1981, said Deed dated June 4, 1991, and recorded in the aforesaid Clerk's Office in Deed Book 762 at Page 0808. Reference is hereby made to said Plat, Deeds, and other documents of record in the aforesaid Clerk's Office for a more particular description of the property herein conveyed. This Deed is made subject to the conditions, restrictions, and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as the same may now be in force and effect, but this Deed shall not be construed as extending or reimposing said restrictions. Grantor hereby covenants that it has the right to convey the aforesaid property unto Grantees; that Grantees shall have quiet possession thereof, that Grantor has done no act to encumber said property; and that Grantor will execute such further assurances of the property as may be requisite. IN WITNESS WHEREOF, RICHARD G. DICK and JOHN G. RUSSELL, III, the General Partners of CARPER'S VALLEY GOLF CLUB, L.P., being all of the General Partners of that Limited Partnership, have executed this deed on behalf of the Limited Partnership. ARPER'S VALLEY GOLF CLUB, 1P.P. B C RD . DICK, General Partner U C�l Law Offices frcy A. Hanley, PC P. O. Sox 53 inchuter VA 22604 a HN G. RUSSELL, III, General Partner COMMONWEALTH OF VIRGINIA CITY/eOUtffY OF 1/�� , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this 2.Lly of /�la,-� , 200,/ by C UCHARD G. DICK, General Partner on behalf of CARPER'S VALLEY GOLF CLUB, L.P., a limited partnership / Notary Public My commission expires 30 _- o0.5- COMMONWEALTH OF VIRGINIA CITY/GOUN Y OF,(.(ic-0A��` r , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid thisa'Aday of IRAA •,�, , 200i, by JOHN G. RUSSELL, III, General Partner on behalf of CARPER' S VALLEY GOLF CLUB, L.P„ a limited partnership. Notary Public My commission expires ao VIRGINIA: FREDEKICKCOUNTY, SM This instrument of writing was produced to me on --�` ��-M. and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable /?GC.CLdYl� . Clerk 4 " ``���itt r nrrN4rr c0.,, :� �'-. �':G��.;;•_. is a 0 V1 .DEEDS 0 0 IUII TAXTICATT ViewDetail • Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2004 Ticket #: _ 341630002 FRQ: 2 J Sup#: 0 _f Name: JTJOUMAS, CONSTANCE L ETALS Name2: I Map#: .._-----__.__._.�m�,__.-,_..... Address: C/O GREGORY COVERSTONE Description: 65.03 ACRES 334 HIGH BANKS RD j STEPHENSON, VA -- 22656� Bill Date: 12/06/2004 —�f Due Date: 12/06/2004 Land: $347,200 1 Improve: $97 4� Use: $42,043 1 Original Bill: 961 Payments: $508.96- Discount: --- Penalty Paid: —1 Int Paid: Last Date: 12/09/2004 ---_ - Amount Owed:__ _i Other: 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 12/6/2004 Charge 0 $508.96 $508.96 12/9/2004 Payment 60442 ($508.96) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New_Search' Previous'' litips://www.co.fi-ederick.va. us/applications/R>✓PublicInquiry/ViewDetail. aspx 5/24/2005 ViewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2004I Ticket #: _793800021 FRQ: 2 1 Sup#: 0 Name: DICK, RICHARD G & DONNA C — Map#: 164 y...._._._.._.__83 ._..._..._...._..._.._.......___.�-...� Name 2: Address: _ Description: 64.59 ACRES 1600 MILLWOOD PIKE � � _ WINCHESTER, VA 22602 Bill Date: 12/06/2004__ Due Date: 12106/2004 J Land:$345,000 Improve:$333,600 Use: 1,3621 Original Bill: $1,624.11 Payments: $1,624.11- Discount: _ Penalty Paid: � Int Paid: _ Last Date: — 12/03/2004� Amount Owed: — Other: y� Total Owed: Penalty: _� Interest: -- _i 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 # :dnount Balance 12/6/2004 Charge 0 $1,624.11 $1,624.11 12/3/2004 Payment 37300 ($1,624.11) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. i New:Searcf Previous htips://www.co.fiederick.va.uslapplications/R1JPtibliclnquirylViewDetail.aspx 5/24/2005 ViewDetail 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2004 Ticket #: 46680002 FRQ: 27 Sup#: 0 j- JGR THREE LLC ETALS I Name: _ _ _ _ _ _ 64 A 87A Map#:_........a......_.....�....__...,�_.._..�.__.._.__.....� Name 2: Address: C/O RICHARD G DICK _ Description: 24.82 ACRES 1600 MILLWOOD PIKE WINCHESTER, VA M^� i 122602 �� Bill Date: 12/06/2004_Due Date: 12/06/2004 Land:$273,000� Origin al Bill: Penalty Paid: Amount Owed: Total Owed: '` Improve: ) Use: $37,2W Payments: $135.89- Discount: Int Paid: _� t Date: 12/08/2004 Las Other: �� 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 # mount Balance 12/6/2004 Charge 0 $135.89 $135.89 12/8/2004 Payment 48752 ($135.89) $0.00 1 Use the print key for your browses- to print a copy of taxes paid for this year. iNew Search` Previous'= littps://www. co. fi-edcrick.va.us/applications/RE-PublicInquiry/ViewDetai1. aspx 5/24/2005 ViewDetail M Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2004; Ticket #: FRQ: 2 J Sup#: 07J Name: JGR THREE, LLC ETALS Map#: 64�V,A,,,As 87-_�_.,_........�_.�_.______.._ Name 2: _ _ _ Address: C/O RICHARD G DICK Description: 10.00 ACRES 1600 MILLWOOD PIKE t _I WINCHESTER, VA _ ( 22602 Bill Date: 12/06/2004_� Due Date: 12/06/2004 j Land: — $110,000 Improve: I Use: _ $15100o j Original Bill: $54.75 Payments: 75-1 Discount: { Penalty Paid: ( Int Paid: � Last Date: _ 12/08/2004 Amount Owed: Other: 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 # Adnount Balance 12/6/2004 Charge 0 $54.75 $54.75 12/8/2004 Payment 48752 ($54.75) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. {New Search; FPrevious https://www.co.fTederick.va.us/applications/RE,PubliclnquiryNiewDetail.aspx 5/24/2005 ViewDetail 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# Ticket #: 6660002 FRQ: 2j Sup#: —1 Name: JGR THREE, LLC ETALS Map#: 164 86 Name 2: Address: C/O RICHARD G DICK _ ; Description: 197.84 ACRES 1600 MILLWOOD PIKE ^� WINCHES .ER, VA _ � 22602 Bill Date: 12/06/2004 ! Due Date; 12/06/2004 Land: $1,076,200 Improve: $1,475,900 Use: $146,760 Original Bill: $5,922.71 Payments: -- $5,922.71- Discount: Penalty Paid: ( Int Paid: _� Last Date: 12/08/20041 Amount Owed: Other: 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 12/6/2004 Charge 0 $5,922.71 $5,922.71 12/8/2004 Payment 48752 ($5,922.71) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. �New;'Searcii ,__iou.,..__,: t Prevs:. https://www.co.fTederick.va.us/applications/REPublicInquiryNiewDetail.aspx 5/24/2005 ViewDetail • 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2004; Ticket #: 466500021 FRQ: 2 � Sup#: o T Name: JJGR THREE, LLC ETALS 64 A 83 Map#: A_._ �.._._._... Name 2: __ Address: C/O RICHARD G DICK Description: 1424 ACRES 1600 MILLWOOD PIKE WINCHESTER,�VA 22602 Bill Date: 12/06/2004 ` J Due Date: 12/06/2004 Land: _ _$93,200 Improve: $31,100] Use:46,860 $284.55 ( Original Bill: = Payments: $284.55-1 �__ , Discount: I Penalty Paid: _; Int Paid: � Last Date: 12/08/20041 _ _ ! Amount Owed: Other: Total Owed: --.l 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 12/6/2004 Charge 0 $284.55 $284.55 12/8/2004 Payment 48752 ($284.55) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. `,New'Search' e Previous https://www.co. fTederick.va.us/applications/REPublicInquiryNiewDetail.aspx 5/24/2005 • • RA 96 0. AC Q ROUTE 50 (MILLWOOD pIKF- 026 AC OF1L0 DEVELOPMENT0.64 AC-97 64-A A- 1 54-A 6 Q T7 T 64-A-92 .00 0� 075 64-A-1 A 64-A-101 Hm 1.90 AC 64- - 1R770SEN ROSEN 6yy4A-AJA�-p9�N2 ZN CARTER 1.00 4.66 AC ME511EAIT 0. 9_�... 64-A-104 WA-100 53m AC Cr 82 WA AN BA o 69 ZONED 04-1-10-11 "alai. 22. A es with INIUM FIEDERIMTOME 64-A-t00A DELLO DEVElOP1ENT GR �, AC ` 1DIIIE LLC Z01� LAND BAY 2 DENTIA TWO OVER TWO - 3.00 AC ZONED: M-10-2 -IOOB mm N2 149.5 Acres with R/W 64-A-M , TOWNS FRFna6acT00E EMPLOYMENT/COMMERCIAL HOCKMAN GROW U-C 2 ZONED,. RA q t ^ WA--MA SDo O MK}i M PAIM 72D AC Y 1 64-6-2 64-,&-1 BIGCS PRICE COPANY 420 AC Q- ti ZONED,. RA 1100 AC US ARMY CORPS 64-A-67 W OF ENc6EFRs JIM R6eEE IDc ENVIRONMENTALLY SENSITI REAS � LLC DPasw BEY CO. 64-10-4 "-to-3 ? 6.47 AC 4.63 AC COSTELLO DRIVE wpofs"" �FT-Pm 64-A-6o6 ,SJ7 y-1 Y-1 LODGE NO 164-&- 64-10-5 6OO AC AC PRINCE1&78 ICIc GROUP. LC e 76 AC 64-�SHRIEE 64-6-6A 1,16 AC BIGGS � R6Q� I I AAc 64-8-5 64-6-7B g0C5 4,16 AC / / ZONED: Ff-1 6{-A�1 i-m WALL INC NE1� I.e6 AO TOWNHOMES MAIN OF BMptLLC 736 AC 1.44 AC 1.00 AC W' R/W COVERSTONE DRIVE � / PROPOSED 64-A-80Q COVERSTONE ORNE EXTENDED FREDERICK COUNTY' I � RA 4 10 ACRE BLUE RIDGE5 A 6O / / RESERVE AREA I� � AA AREA RESERVED w.t It"I _ FOR POSSIBLE a R/O AIRPORT T�,ARMORY SITE �;�'E ARE4 _ 64-A-6W � _ QAM A FRO. LLC WA-4OR All A-� 1160 M: riCF£SSTER REGIONAL AEEORT wt Ea1PEE7iT WA-SON J7.N AC FRED L GLAMA \ \ ETXIRE iT ' t7PF 06 1AC \ \ \ 1 AC 1.64 ,bft AREA M-1 64-A-4110A \ HER DON \ UNCHESIER REGIONAL AIRPORT 5m AC EX \ \ ZONED:. RA W1 s? c gilbert w. clifford & associates CARPERS VALLEY a d-s- of Patton Harris Rust 3 Associates,pc Englneer. Surve)or. Planners. Landscape Architects. 117 East P—addiy Street. Suite 200 LAND USE PLAN GENERALIZED DEVELOPMENT PLAN Winchester, VvDinia 22-1 T 540 667 2139 NO. INSCRIPTION DATE REVS"D WNWD APWD DATE REVISION F 5406650493 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER 1, 2005 CHECKED SCALE CMM NTS SHEEF FILE NO. 2 OF 4 1� • 0 0 n • • 64 —A— 86 137.3f ACRES 64—A-82 65.5t ACRES k, '. 64 ° 3 4a—A—gOL gilbert w. clifford & associates a dwis on o1 CARPERS VALLEY Patton Harris Rust 6 Assoclatesrpc Engheem Surveyors. Planners. Landscape Architects. 117 Ease Piccadilly Steel, Suita200 BOUNDARY PLAT GENERALIZED DEVELOPMENT PLAN + Wmcnesw. Vuginie 22601 NO. DESCRIPTION DATE W,5D REWD AIWD DATE T 540.667.2139 REVISION F 540.665 Da93 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER 1, 2005 CHECKED SCALE CMM I•�,}0p' SHEET FlLE No. 4 OF 4 fell lk tL- ANN" fir'\ ��� � r � ��� ;��'r!�* :��r :;� ��►. �`� a ' � *^ `�br,1�� t� ��• 1 `� ��j� �j"�� r << 'fir*- _ Ful ''.: "® .a � J Ord`®r ,� _� •�.Z.�1... �' �, •:�S � r _ .r .�� �, „ ��ti � _ ILI I'll IMP // 1•a' _ ! ` •Viet. 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LC �� 64-1D-5 �0 1&76 AC FIIGLS ILLr00D STA SREE 64-8-5 64-6-8A 1.16 AC FIRE & RESCLIF_ I ' ZONED: 6-2 WA R LEGEND 138 AC CROSSORADS 6'4"�79 61QS 4.16 AC ' I Two OVER TWO INC, NAU_ INC NEIIER5 IM AC MAIN OF RNQiIIC 1 44 AC 1 00 AC ' TOWNS 7 M_'� ❑ TOWNHOMES ` ❑ STACKED TOWNS —� F3 COVERSTONE DRIVE _ _ - CONDOMINIUMS / EXTENDED 10 ACRE awE Rocs w ® COMMUNITY CENTER/ AREA RESERVED w- RECREATIONAL FOR POSSIBLE / IX Rh ❑ ENVIRONMENTALLY ,�/ '�tE R� ARMORY SITE SENSITIVE AREAS `� �AftVRr � ' +R THREE LC E r0°�rr RE _ ❑ EMPLOYMENT/ Jmill PIS E COMMERCIAL 64-A-80J Q.AIZE & ato.. LLC 64-A-602 64-A-66 1160 AC ,y,E5 RIOR 10K ESTER REGIONAL Al -CRT W1 \ E2-93 ACCT &MES IPFrQI 37.44 AC WA -BON y-1 jA� R1NT FRED L 0.N2ER \ EOIm Ac 5,06 AC WK Y-1 64-A-80A HEIN" \ WINQfNIEAL R REGIONAIRPORT 'ACM-1 IX R \ ZONED- RA AREA SUMMARY: AREA TO BE REZONED FROM RA TO R4: 281.50 ACRES AREA TO REMAIN UNCHANGED: 21.87 ACRES TOTAL AREA: 303.37 ACRES LAND BAY 1 SUMMARY SINGLE FAMILY ATTACHED AND MULTI —FAMILY UNITS 750 MARKET RATE HOUSING UNITS 35 WORKFORCE HOUSING UNITS RESIDENTIAL DENSITY GROSS PROJECT DENSITY: 2.66 DU/AC RESIDENTIAL LAND BAY DENSITY: 6.52 DU/AC gilbert w. clifford & associates CARPERS VALLEY a dlvlsion of Patton Harris Rust & Assoclates,pc Engineers. Suroeyors. Planners. Landscape Architects. it 7 East Piccadilly Street,&a. 200 LAND USE PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 T 540.667.2139 NO. DESCRIPTION ELITE REVSD REWfD APRVD DATE REVISION JL WA F 540.665.0493 DESIGN SURVEY DRAWN DATE PRS June 24, 2005 CHECKED SCALE CMM NTS SHEET FILE N0. 2 OF 4 FUTURE SIGNAL S a Ac 50 BY OTHERS (RAVENS) RO5O UTE Q ROUTE iMILLWoOD PIKE EXISTING SIGNAL uI )BADE TO alb AC 4-DOM WAY StcHAL) 0,64 ACT 97 64-A A 64-A EXISTING SIGNAL EFG CAR HOL 1.90 AC 77 6�4A-RA�-09N2 -OD am a76 64-A-1 A 64-A-101 &A "i1ENT 64- ,R�" ROSEN 64-A-92 zn AC -AA--VIATER ro D BAY 1 4'6BAC MT 6~A-t01 �S3115 Acres o: FUE7C ERRESIDENTI7g� 5.60 AG ZONED B2 pp ZONED. 82 64-A-6G ►I e0 64-10-1 ilia( GROUP, LC Dam ,>E aoP1E7IT K LUC 64-A-1oa 21.87 Acres \ 16.66 AC �P,1" ZONED, 82 TO REMAIN UNCHANGED LAND BAY 2 300 AC ZONED: 64-10-2 4 \ 143 Acres -1008 zOWn W2GROUP, LLC e4 A 64 EMPLOYMENT/COMMERCIAL ZONED- RA \ 64'A-MA RE IGw PRINCE FREDERICK DRIVE I RSECTION \\ 7.20 � PER FE 64-6-2 417H COVERSTONE AT PHAS 2 P4 MANY 42 FUTURE SIG tiro AC PROF14� ZONED -RA W IA ARMY CORPS -8 6*-A I 64-A--0OL 64-A-W OF ENGINEER!S ,at RGRU.C 54- I N-10-3 0- AC DEAR6G AC C0. 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LCC �i � _ �E 64-A-66 M REGIONAL AIRPORT 37.44 AC 0"IT111 REOKINAL AIRPORT ZONED, RA PHAS AD PHASE 2 R0A TRAIL SYSTEM HIKER/BIKER TRAJL TO BE CONSTRUCTED ADJACENT TO COVERSTONE DRIVE WITHIN THE PROPERTY BOUNDARIES AND WILL BE CONNECTED TO SIDEWALKS AND STREETS WITHIN INDMDUAL LAND BAYS. 64-A-6W ` GLADE 1: BRO, LLC 64-A-60R 13b1 AC AYES RT1l7t Y-1 EDA1p1ENT 64-A-601 64-A-a01F \ wI EQUIPMENT FRED L GLACE 1.93 AC 5.00 AC �\ Y-1 W1 64-A-60A HONDOI 5.D3 AC E)( R W1 PHASE 1 ROAD TRANSPORTATION SYSTEM FUNDING AND CONSTRUCTION OF IDENTIFIED TRANSPORTATION IMPROVEMENTS TO OCCUR PURSUANT TO PROPOSED PROFFER STATEMENT. gilbert w. clifford & associates CARPERS VALLEY a "'vision o1 Patton Harris Rust 6 Associalesrpc Engineers. Surveyors. Planners. Landscape Archttects. 117 East Piccadilly Street, Suite 200 TRANSPORTATION PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 T 540.667.2139 NO. DESCRIPTION IRATE RLVS'D REND APRVD DATE REVISION P 540 665 0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CLAM NTS SHEET FILE NO. 3 OF 4 0 0 L.J • 64—A-86, '_?t aCpCC P, gilbert w. clifford & associates CARPERS VALLEY a division of Patton Harris Rust & Associates,pc Englneer. Surveyor. Planners. Londiiii Architects. 117 East P-adilly Straet, Suite200 BOUNDARY PLAT GENERALIZED DEVELOPMENT PLAN 1 + Wlnchestar, Virginia 22601 T 540.667.2139 NO. DESCRIPTION DATE FtMD REWD N'RVD DATE REVISION F 540.665.0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE cmm NTS SHEET FILE NO. 4 OF 4 +�► i7 � ,,, r r?!s' � r .� -,- , _ ,' _ J,.� 7 _ � �� �� �•, � -•lam �« � � �� • �� la► 'I ,; sin FAB 04 �����► ® 9Mi� x lit Nil •��+ �� it „R y14. '��_ 'w�,•. yr �,. .� � _ qs ? • ��.. 1 ��. '. , Ar Ilk. Fy :.,,_ r•- Y j �♦ gilbert w. clifford & associates CARPERS VALLEY a di— of Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East P—diffly Street. Suite 200 LOCATION MAP GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE IEVS•D REYKD MRVD DATE T 540,667,2139 REVISION I I F 540665.0493 DESIGN SURVEY DRAWN DATE PRS OCTOBER 11. 2005 CHECKED SCALE CEM NTS SHEET FILE NO. 1 OF 4 HOL 1 0.76 C A-101 ROSENOSEN .66 AC 64-A-104 �� ni"a e2-1TOW4EOEELO DEVELOPMENTlLCAC 64-8-2 64-&-1 BIOCS PRICE COMPANY 4.i9 AC 13.00 AC 96 0. AC Q 025 AC -97 t"'- A- 1 64-A OD 082 i AC an 64-A-93y 64-A-W ZN' A � T 64-A-91A yA�11 CARTER 'i1DIT Q. 64-A-100 S.W AC RETCIfR 5.00 AC ZONED, 82 64-A-6G FREDERICK GROUP, LC 64-AF76D060nOME GROUP, LLC ZONED, B2 100 AC Y01@. e410-z -1000 ZONED. M2 FRE.DERKKTOW4E QOXP, UL &Do ZONED., RA LIS ARMY CORPS 64-A-67 OF ENGINEERS JGR TFREE, ILC 64-10-4 64-10-3 BA RRETTCOSIEI.L.O DRIVE L 99 AC -PERRY PRIJE�_ FREDEF= GROUP. 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DESCRIPTIONDATE REVS'D REW/D APRVO DATE T 540.667.2139 REVISION I W+ F 540 665 0493 DESIGN SURVEY DRAWN DATE PRS OCTOBER 11, 2005 CHECKED SCALE CEM NTS SHEET ME NO. 4 OF 4 Y o��� �• � �� � K ,`• �• � �' #_'� -�' air _, '`` `'' ��'�K�4 J� " r �r- ..ram _ +:' : P,.: • _. ROUTE" 50- — LmLW QQ Op PIKE �^ y r 1 + -0f1L0 OE l 0.25 AC 6A-A - _ - 664 AG � $C .... � . `1,ytV .ab'b'•1-` 'F � ^ � �, � i�� �.il�w T'\: � 04-A-W _r82 I ,Q A INVESTNEW 2T •� * �" •fire ••� �.* '7� j i!�` �;��_~� 64-A-101_y A-t00 S%me ACyt,��ll x. ,� - ►,",. - .. �( _�` - t -1 : ' I I 1SD0,{rC + s� `iLiEp `y f _ �7 _ '`� �� '• t f ZONED: B2 64-10-1 ti Hi�tlOCy ,�7E 64-A-,OOA 'j ,tLee AC FREDUKI(1 GROUP'LLC op ,0�08 ZGEA IG w .,t^.. y. [� ! •� 04-A-� 'e. RO� E ++ �• .d.. •, i• _ ,,C • AREA 64-ARIA go PM Pgtf COIPAMI' 429 AC J. ZONED: M i '' i . .. .. a 6`'r1s;i • ... 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M • ` VIA- '4 .0 �� ;: of r � r • _ .. - � �'� � .i: gilbert w. clifford f & associates CARPERS VALLEY a division o Patton Harris Rust & Assoclates,pc Engineer. Sur,,eyors. Plonners. Londeeope Architects. 117 East Plcaadity Street, Suite 200 LOCATION MAP GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE REVS•D RLWD APWD DATE T 540.667.2139 REVISION I I F 540.665.G493 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER 1, 2005 CHECKED SCALE CMM N S SHEEP ME NO. 1 OF 4 n76 64-A-1 A 6:AC ROSEN ROSEN 1.77 �644--A--10044 068 AC � ZONED,. 64-1 DELOO DEVIRDPi FREDERIC GROU 1&6 64-6-2 64-B-1 BIGS PRICE OOWWY 429 AC 1100 AC n3s AC 0.28 AC -07 WA- A- 1 WA ffO T CAR .00 om i AC 0.77 64-A-92 64NXES'i11ENT ZR11�IT 80. A�A WA-100 5,M AC RETC ER 5.00 AC ZONED: B2 WA-89 FR DEI" GROUP. LC WA-1DOA FRE)ERICK1011INE ZONED. B2 GROUPLLC ZONED: 64-10-2 1Do00 Ac -IOOB ZONED: Y2 FRED0 70ME GROUP. LLC y¢� ZONED: RA US ARMY CORPS 64-A-677 _ OF ENGINEERS J<R 114EE, LOC 64-10-3 R BARRETT-PERRY WA-M 2.99 AC PRIG FREDEAICK GROUP. lC 64-6-4 pe'"� MILLWOOD STA 16.75 AC 64-6-BA 1.16 AC FFE t RESOUF- / I Zi &-2 1-M AC 64-6-78 „S 4.16 AC MALL. INC NEIFOK IN AC / 1.44 AC 1.00 AC / 60' R/W l r — PRO COVERSTONEE DRIVE EXTENDED / 64-A-66 1111 ER REGION& AIRPORT 37.44 AC LAND BAY 2 149.5 Acres with R/W EMPLOYMENT/COMMERCIAL ENVIRONMENTALLY FREDERICK COUNTY 2DNEn RA RESERVE AREA I 64-A-BM I JGR 7HEE, UCC 1 4"T N�W F&63 Ao,y ARC 2 04C ESTER RD20NAL AIRPORT ZONED RA 64-A-54 HOC701AN ZONED RA ROUTE 50 (MILLWOOD PIKE) AN BA 22. A es with D DENn Two OVER TWO TOWNS TOwNHOMES A(d°V71.�� 10 ACRE AREA RESERVED FOR POSSIBLE ARMORY SITE 64-A-MA 1111141 10 PARK 720 AC N-1 64-A-60L R7R, LLC &47 AC Y-1 64-A-Bq( MAIN OF 1111 iD 7M AC IH1 64-A-600 9JNE RIDGE 6D / 5.35 AC iF1 �EXRh ' 64-A-60F DENFMO BEY CQ 4,63 AC Y-1 64-A-801 \� GLADE NL BIRO. LLC 64-A-BIR 13.60 AC AAWS RIVER R-1 EpT 64-A-BON 2.93 AC FRED LAO.AI" \ \ W -1 EOUPIE7IT 5.06 AC \ \ \ I AC -1 W A-0DA \ IERNDONN \ \ SOJ AC EX \ \ Y-1 gilbert w. clifford & associates CARPERS VALLEY a n o, Patton Harris Rust & Assoclatesrpc Engineers. Suroeyor. Planner. Londecope Architects. 117 East Piccadilly Street, Suite 200 LAND USE PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 2139 NO. DESCRIPTION DATE REVTD REYWD APR" DATE T 540.665 0493 REVISION JL WA IF 540.6650493 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER 1, 2005 CHECKED SCALE CMM NITS SHEET FILE NO. 2 OF 4 �1 15.7 - G—P7 64 —A-86 ACRES 4, ? 9 ems• �J6, Av L. A 64 A-8, 646± ACR 64-a R' gilbert w. clifford & associates CARPERS VALLEY a c".nn of Patton Harris Rust 6 Associate a,pc rs. EngineeSurveyors. Plonners. Londscope Architects. 117 East Piccadilly Street Suite 200 BOUNDARY PLAT GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 . N0. DESCRIPTION DATE REVSD RfVMD MEND DATE T 540.6672139 REVISION I I F 540,665.0493 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER 1, 2005 CHECKED SCALE CMM 1•-300' SHEET FILE NO. 4 OF 4 • • • �iF fir � f , '� � � •, � 'A ,,�',� `sue` �"� �'a�'�' � w 1 ' • I• 4 • r: ' jy.� • � 9.-; (a OtF� — ';>Gwc+9 \ tY '` %.a� .4 .f Zf • _ ti }ram ,, \. n � �•, y F .i. F iw 1 � ri � . r , • ,. .I. .�: ..�.:� ROUTE*- SQ — JLLWO"0 1 as AC� t � It '! o- • } 1 -� - -�� • � 1 - 1��D AC �. � ...,. .a.. ? ti� w � .w � � i-T'fe: •� f ��. -...r? �1� '•r - , - o• Z0IED: 82 W1-�11r _ Fl _. ` '�v1i,R All, _ • ';'� s T �;� - a- : a x 64-1 ,P Jfi:. AREA low"w Imr . 8 RrZA Znw r PIS CCLP'mm AN'i • AC so , Y Y w r 1.000E NO i r,+ -''• QId1P LC "' ` i. 84-&-4 64�-!fA 1�16� FR£ RESq�. � 7... � - 7¢1! � `. .T• �},- x • �\t � r � '� � . G r <: 64-6-3 84-8-78 gpDS A16 AC t4, �� + ` W • \. .,,�w✓ 4 � �� ��. �/� y .SIC IEitERS 1.E0 AC . _ •�r 'O 'w ti �. - ~' P CWF New yam, - t T ,. .: ram, - • �1 ' � C , �'"� .. AC � 'fi,. ems.-.s •..\..; 1 s _ �- - ` -ya ^az . • RA 4 A -VA 1 jv 111 --. t. - r '�_:.r.• :f.. r .r:'<".-.a T..•w \ 'tGC - �1.. sir ^ a • • :. ARPoRT�d� / , 4' t . .. ..;ems. 37.44 AC__ w4 � !Id' n � MIOESIER ROW" AIRPORT ` ?' � ,, S'y-t EX R ZNM RA an t,'fir+G. •7 gilbert w. clifford & associates CARPERS VALLEY a d"'on of Patton Harris Rust & Assoclates•pc Englneer, Surveyors. Planner. Londscope Architects. w 117EastPiccadillyStreet,Suite200 LOCATION MAP GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE REVSD WWD AlWD DATE T 540.667.2139 REVISION F 5.40 665 0493 DESIGN SURVEY DRAWN DATE PRS SEPTEMBER I, 2005 CHECKED SCALE CMM NT5 SHEET FILE NO. 1 OF 4 lM1�FS11 e4-A- Ac1oo SJ6 AC RFiCFER 'Sa0 AC 64-AFRFD 00aOGA E E QtOUP, LLC ZONED, 82 3.00 Ac �m 64-10-2 64-8 2 64-6-1 1IMS PRQ COMPANY 419 AC 13.00 AC ^R• f �' 64-10-s EIMS KlLWO D STA 64-4-4 SH EE 64-6-M 1.16 FIE ! 1.SA AC 61-6-78 Ilm 4.16 YA1L MC 1E1tE16 IM AC WA-06 1111RESTM REGIONAL AIRORT 37.44 AC AREA SUMMARY: 64-10-3 BNdER-pum Im AC AREA TO BE REZONED FROM RA TO R4: 281.50 ACRES AREA TO REMAIN UNCHANGED: 21.87 ACRES TOTAL AREA: 303.37 ACRES 6y4--�q 2�BDfTA-pM� N1 2t]@ 82 6� A-66 FREDENOc Q MP, LC 21.87 Acres TO REMAIN UNCHANGED ZONED, RA US ARMY CORPS 64-A-67 OF ENG14E RS im THlaz LOC 64-A-� PRINCE FREDENO( GROUP. LC 16.76 AC IDI@ 9-2 lftft Iyr � � ► - ,y r ' 0NM RA 64-A A JJQR THREE, LCC LAND BAY 2 143 Acres EMPLOYMENT/COMMERCIAL ENVIRONMENTALLY BgESTER REQO UL AIRPORT ZO M.. RA t Z _ 54-A-64 HOM N ZO M RA LAN) BAY 1 SUMMARY SINGE FAMILY ATTACHED AND MULTI —FAMILY UNITS 750 MARKET RATE HOUSING UNITS 35 WORKFORCE HOUSING UNITS ND 115 Acres i WNHOME OVER TOWNS "ft -00 64-A-d1A MICH NO PAN( 7.2D AC W-1 ' 64-A-M 64-A WK LLC OEAAIC 8EV to 647 AC e63 Y-1 IHt WAS( LEGEND YAM OF 0I0t1,lG 7M AC ❑ TOWNHOMES tr>-1 ❑ STACKED TOWNS ❑ CONDOMINIUMS 61-A�Op 10 ACRE e ® COMMUNITY CENTER/ AREA RESERVED AC / RECREATIONAL FOR POSSH.E / Ex A ❑ ENVIRONMENTALLY ARMORY SITE SENSITIVE AREAS ❑ EMPLOYMENT/ COMMERCIAL 64-A-6W QM7.E 6 W4, LU: 64-A-M 13A AC EOF+ENT 6hA-601 64-A-6011 \ *_1 AC EM MAR NT FRED L Q.AJ" 1A3 AC 5.06 AC Y1 103 AC IX R W1 RESIDENTIAL DENSITY GROSS PROJECT DENSITY: 2.66 DU/AC RESIDENTIAL LAND BAY DENSITY: 6.52 DU/AC gilbert w. clifford of & associates CARPERS VALLEY a tlwison Patton Harris Rust 6 Assoclates,pc Enghe Sur`eya>t. Planner, Landeoape ArdlHecta. III East Piccaai111 Street, Sune200 LAND USE PLAN MASTER DEVELOPMENT PLAN Winchester, Virginia 22601 T 540 667.2139 NO. DESCRIPTION DATE REVS'D WWD APWD DATE F 540.665.D493 REVISION DESIGN SURVEY DRAWN DATE PRS June 24, 2005 CHECKED SCALE cmm NITS SHEET FllE NO. 2 of 4 0. AC 4 ROUTE 50 EX!STING SIGNAL 0.26 Ac DE1 MOF C1OPIOR 64-A EFC HOL N 0.77 64-A-W .m am 0.6 64-A-1 A 64-A-101 1.00 AC ROSEN ROSEN 6y44--/�A-,oWR 2" 79 AC' 6��A 1.77 4A6 AC gtES11ENT 6hA-104 WA-100 536 AC TF41 o R1a RETaEx 5.00 AC ZONED: 92 ZONED: 82 64-A-M W10-1 �x GROUP, LC rw-LtmKX Io4INE WA-IOOA 21.87 Acres °EIM DIDOULOPMENT I WayE AC OR".'L B2 TO REMAIN UNCHANGED LAND BAY 2 3.00 AC ZOIED: 114-10-2 zONM M2 143 Acres FREDERI009 CKIOW EMPLOYMENT/COMMERCIAL WIMP. UC PRINCE FREDERICK DRIVE I RSECTION. 64-6-2 WITH COVERSTONE AT PRA 2 64- -1 PRIM COMPANY 610GS 429 Ac F�-JRE SIG " ZONED, RA 13.00 Ac PROF � us Aayr Cars 64_A�7 OF DIGIN ERS JGR MEL LOC 64- 64-10-3 6A RET7-PERRr 64-A-M NO 1120 AC PR64O REDERIM GROUP. LC 64-10-5 1l76 AC wi--7 BIGCS Il1WOOJ STA ' SHREE 1.16 AC Ft RFSDJF I FINE ZOEA B-2 I ADS 64-1-78 B MALL. INC W*M g0G5 IA AC 16 AC 1.44 AC 1.00 AC LA 'L'Iv.. i 64-A-W WC ESTER FE904AL AIRPORT 37.44 AC PH TRAIL SYSTEM HIKER/BIKER TRAIL TO BE CONSTRUCTED ADJACENT TO COVERSTONE DRIVE WITHIN THE PROPERTY BOUNDARIES AND WILL BE CONNECTED TO SIDEWALKS AND STREETS WITHIN INDIVIDUAL LAND BAYS. RA J� THREE. LOC W4043 Flt IE9OIAL AIRPORT _- ZOFR RA FUTURE SIGNAL S DAY eTHFI:< !RAVFNs` ROUTE 50 (MILLWpOD PIKE) "w:rtAv[ -c i-wAr sIGNA1) `� EXISTING SIG'-, D BAY 1 115 Acres RESID I 1 64-A-44 \ NOONAN ZDIER RA \ I o 64-A-aol 10, TRAIL Rat LLC ec7 Ac W1 / WA-w Mir OF UKK LC 7.56 AC W1 64-A-MA UNCH 10 PARK 7.20 AC W1 r WA-60r DPwwl: ffv 00. 4A3 AC w1 / 64-A-6m 111DOD-A6010 CORP t R/W FOR R- CEL IQ92 Ac / wt 64-1-600 10 ACRE SLUIE AC / AREA RESERVED w1 64 A DADA FOR POSSIBLE EX 1ai ARMORY STE R�" 7- Ac IH1 64-A-6W \ GIA E t 114L LLC � 64-A-60R ` I .57 Ac iVES RNER Yloop-1 9XVA IRT 6HA-6011 64-A-0OI \ wI ECLFI ENT FTED L QA" sm AC \ 143 AC w1 W1 \\ 6 " 5m AC EX If1 \ \ PHASE 1 ROAD g1lbert w. clifford & associates a dl-10�, of CARPERS VALLEY Patton Harris Rust 6 Associatesrpc EngYlews. Su yom F4mnws. landsoape Architects. 117 L-I P¢catldly Street, Suite 200 TRANSPORTATION PLAN MASTER DEVELOPMENT PLAN Wincneffier, Virg,— 22601 T 540 667 2139 NO. DESCFWTION DATE WM REWD AWNO DATE REVISION—J L F 540 665 0493 1*3 TRANSPORTATION SYSTEM FUNDING AND CONSTRUCTION OF IDENTIFIED TRANSPORTATIOIN IMPROVEMENTS TO OCCUR PURSUANT TO PROPOSED PROFFER STATEMENT. DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CA4M NTS SHEET FlLE No. 3 OF 4 gilbert w. clifford & associates a n--o of CARPERS VALLEY Patton Harris Rust 6 Assocl a tesrpc Engineer. Surveyors. Planner. Landscape Architects. „ 7Ea.t Piccadilly Saeel, Suite200 LOCATION MAP GENERALIZED DEVELOPMENT PLAN w Winchester, Virginia 22601 NO. DESCRIPTION DATE WKI) REWD APWD DATE T 540 667 2139 REVISION E 540.6650493 DESIGN SURVEY DRAWN DATE PRS JUNE 24. 2005 CHECKED SCALE CMM NTS SHEET ME NO. 1 OF 4 DELCO DEVELOPMENT 0.64 AC N1 NOL121 H 1.90 0.76 64-A-1 IA 64-A-IDI ROSEN ROSEN I 1'77 4.66 AC 54-A-ta TFROL70DRTON 0.58 AC ZONED: E12 64-10-1 FREDERICKTowE DELCO DE�iLOP1ENT GROUP, UE 16 6e AC r 0. AC Q 94 026 AC ROUTE 50 (MILLWOOD PIKE) AC 1485 OM ma AN 64-A-92 2.79 AC 64 CARTERRTER 1.00 -I D BA NT 0 115 Acres �FLETCHER 5.36 AC RESID S00 AC ZONED: 82 64-A-0 FREDERICK GROUP, LC 64-A-100A 21.87 Acres GROUP,1U.0 Z011 e2 TO REMAIN UNCHANGED LAND BAY 2 100 AC 2dED: 111 64-10-2 143 Acres 64-A-64 OWNHOME -1008 ZONED- Y2 HOCg1AN TUD�wE EMPLOYMENT/COMMERCIAL GROUP.100 ZONED -.RA 64-6-2 54-6-1 9005 PRICE COMPANY 429 AC 1100 AC 64- ' 64-10-3 C0 ELLO DRIVE No BAR99 APOKY 64'45- 64-10-5 RGGS II LWOOD STA ' SHR E 64-6-5 64-6-d1 1.16 FIRE ! RESCUE. / 3 1.36 AC CAADS 64-8-78 aOGS 4.16 AC , NC MALL. IC 1.44 AC 1.00 ACass 1AW AC ' �ryti COVERSTONE DRIVE EXTENDED 64-A-68 WICiESTER REGIONAL ARPORT 37.44 AC AREA SUMMARY: AREA TO BE REZONED FROM RA TO R4: 281.50 ACRES AREA TO REMAIN UNCHANGED: 21.87 ACRES TOTAL AREA: 303.37 ACRES 11�W ZONED". RA US AR1rY CORPS 64-A-e7 i ,IGR 1FfdE LCC OF ENGINEERS 64 A-698 PRINCE FRFDOeCK GROUP. LC 167a Ac � ZOFED B-2 —POSW, r 7A JIIR THREE, LCC ENVIRONMENTALLY ELF AH+IDQr gEg)ZyE WIC}ESTER REGIONAL AIRPORT L ZONED RA LAND BAY 1 SUMMARY SINGLE FAMILY ATTACHED AND MULTI —FAMILY UNITS 750 MARKET RATE HOUSING UNITS 35 WORKFORCE HOUSING UNITS OVER TOWNS 10 ACRE AREA RESERVED FOR POSSIBLE ARMORY SITE 64-A-e1A WASH I D PARK 7.20 AC Y-1 64-A-60L 64-A� RGR, LLL DEARNG eEV CO. IL47 AG 4.93 AC w1 W1 WA w LEGEND NAN OF WIOHILLC 74% AC ❑ TOWNHOMES Y-1 ❑ STACKED TOWNS ® CONDOMINIUMS WA-= COMMUNITY CENTER/ 5�m AC / 7 RECREATIONAL EX R/1 ❑ ENVIRONMENTALLY SENSITIVE AREAS ❑ EMPLOYMENT/ COMMERCIAL 64-A-✓�1 \ BAIZE ! BtO. LLC 64-A�Qt 1160 AC wl ,yid WAY EXP ENT 54-A-0UI 54-A-SON \ Lm 4C FRED L OlNZE1 P EQUIPMENT SOe AC 1 AC WI Y-1 �� 64-A-WA IERDON \ 5,03 AC Y-1 ED R RESIDENTIAL DENSITY GROSS PROJECT DENSITY: 2.66 DU/AC RESIDENTIAL LAND BAY DENSITY: 6.52 DU/AC gilbert w. clifford & associates a dwivon of CARPERS VALLEY Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117Last Piccadilly Strmt,Swte200 LAND USE PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22-1 T 540 667 2139 NO. DESCRIPTION DATE REVSD RENYD APRVDdDATE REVISION F 540 665.0493 DESIGN SURVEY DRAWN DATE PRS June 24, 2005 CHECKED SCALE CMM NTS SHEET FILE NO. 2 OF 4 96 0. AG 4 ROUTE 50 — FISTING SIGNAL 0.26 AC DENU,OPblENT 1164 A-97 54-A- A- 64-A T EFG N T .W CAR HOL 1.90 AC aT C 54-A-92 am Q76 64-A-1 A 64-A-101 ROSEN ROSEN 64-A-92 279 ACT 64-A-VIA I.T7 4.W AC T CARTER 764-A-010044 WA-100 S.J6 AC 11O° ^C T� �� ZONED, 62 ZONED 82 64-A-69 64-1D-1 FREDERICK GROUP, LC FTEDERICKIOWE 64-A-100A 21.87 Acres DECO °txi°PEExT 6..W 16AC ZONED B2 TO REMAIN UNCHANGED LAND BAY 2 100 AC ZOED W10-2 aaB ZONED, M2 143 Acres EMPLOYMENT/COMMERCIAL 100 PRINCE FREDERICK DRIVE I RSE:' , 54-6-2 WITH COVERSTONE AT PHAS 2 64-8-1 BGCS PIbQ CO PAW 420 AC FUTURE SIG'. ' ZONED RA 1100 AC PROFF' 115 ARW CORPS 64-A-81 OF ENGINEERS JOR 1FREF. LCC 64- ' 64-1D-3 C0$TELLO DRIVE BN W -Fmy 64-A-M AC �� 64-10-5 PRINCE FREDERICK GROLIP. LC B M LLLWDOD STA ' 1.16 AC 16.76 AC gin 64-8-5 64-6-M FIRE E tESQE / ZONED:B-2 IM AC CROSSORADS 64-6-ZB BIGGS 4.16 AC NC PALL. INC FEVERS IM AC 1.44 AC 1.00 AC �6� COVERSTONE DRIVE COVERSTONE DRIVE / EXTENDED /— — _ ��A-67�A _(�// � A""4PT JCR THEE. LCC — — 66-A-m 16t V99 OUL APOR 37.44 AC TRAIL SYSTEM HIKER/BIKER TRAIL TO BE CONSTRUCTED ADJACENT TO COVERSTONE DRIVE WITHIN THE PROPERTY BOUNDARIES AND WILL BE CONNECTED TO SIDEWALKS AND STREETS WITHIN INDIVIDUAL LAND BAYS. FUTURE SIGNAL S BY OTHERS (RAVENS) ROUTE SO (MILLWOOD PIKE) ,1PL:NNIL !: 4-WAY SIGNAL) EXISTING NA, D BAY 1 115 Acres RESIDENT] cr I$ I 64-A-64 D `\ HOCKMM ZONED, RA \ 64-A-fiA Y101 NDCPARK 10' TRAIL R RESsp�— — - - AMP. trNOESIFR REGIONAL ARPORT ZONED RA 1 _ PHASE 2 ROA to w 64-A-41M 64-A-SOF 10' TRAIL Nt 7 AC OEARaNG BCO. S41 4.63 ACC wNF1 v / 64-A-60K MAIN OF NgIJLC 7.55 AC Y-1 / 64-A-M IVI t�lOES1ER �- OORP t \� R/W FOR R- RCEL NNEC''-', 10.92 AC \ / W1 64-A-�0 10 ACRE FlIff RIDGE 10 AREA RESERVED 64-A-M FOR POSSIBLE 'u ARMORY SITE E Raw 7.q6 AC Y-1 64 0.MAIZE& NRBR 0. 111 \ 64-A-60R AC ,TAMES MER -1 F1AIPIENT 64-A-8OI ZM 64-A-BOY \ LF-AC EOJPEENT FEED L QAI2F m 1.63 AC SOB AC �\ y-1 W 1 64-A-SDA HR/OON 103 AC IXR IF-1 (PER —Pk_ ' R) TRANSPORTATION SYSTEM FUNDING AND CONSTRUCTION OF IDENTIFIED TRANSPORTATIOIN IMPROVEMENTS TO OCCUR PURSUANT TO PROPOSED PROFFER STATEMENT. gilbert w. clifford & associates CARPERS VALLEY a division of Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. „ 7 East Piccadilly street, suite 200 TRANSPORTATION PLAN GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 NO. DESCRIPTION DATE REVa D APRVD DATE T 540.667.2139 REVISION F 540.665.0493 L Lw+ DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CMM NTS SHEET FILE NO. 3 OF 4 • 64 A-83 A RES \ Q1t h y, I gilbert w. clifford & associates CARPERS VALLEY a division of Patton Harris Rust & Associate PC Engines— Sun+sycrs. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 BOUNDARY PLAT GENERALIZED DEVELOPMENT PLAN Winchester, Virginia 22601 T 540,667.2139 NO. DESCRIPTION DATE RFViD REVIYD MIND DATE REVISION F 540.665.0493 DESIGN SURVEY DRAWN DATE PRS JUNE 24, 2005 CHECKED SCALE CMM NTS SHEET FILE NO. 4 of 4 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us February 6, 2006 John Conrad, Vice President Miller & Smith 8401 Greensboro Drive, Suite 300 McLean, VA 22102 Re: National Guard Armory - Property Dedication Dear Mr. Conrad: Pursuant to Proffer 3.3 of the Carpers Valley Rezoning, Frederick County is hereby requesting in writing the dedication of 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 Generalized Development Plan. In addition to the above request, said proffer further states that 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 (U.S. Route 50) to the entrance to the armory site. Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me at 540-665-6382. Singly, r Jo R. Riley, Jr. County Administrator JRR/jet 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us February 2, 2006 John Conrad, Vice President Miller & Smith 8401 Greensboro Drive, Suite 300 McLean, VA 22102 Re: Frederick County Public Safety Building - Property Reservation Dear Mr. Conrad: Pursuant to Proffer 3.4 of the Carpers Valley Rezoning, Frederick County is hereby requesting in writing the dedication of approximately nine acres to the Frederick County Board of Supervisors in the location identified on the Generalized Development Plan as "Frederick County Reserve Area" for the location of a public safety building. Access to said site shall be constructed to base paving by the Applicant not later than twelve months following receipt of this request. Should you have any questions or wish to discuss this issue further, please do not hesitate to contact me at 540-665-6382. Aerel , ' c 7 < John R. Riley, Jr. County Administrator JRR/jet 107 North Kent Street • Winchester, Virginia 22601-5000 RG. Caipeis E ►�I V` 6 Subject: RE: Carpers Date: Wed, 6 Jul 2005 10:15:23 -0400 From: "Patrick R. Sowers" <Patrick.Sowers@phra.com> Organization: PHR+A To: "'Eric Lawrence"' <elawrenc@co.frederick.va.us> CC: <jconrad@millerandsmith.com>, <chuck.maddox@phra.com> Eric, Provided is a response to your concerns with the July 5th Proffer Statement (v.7) . Item 41. The definition of "market rate" units shall be updated to reflect that market rate applies to units that are sold or leased. Item #2. "Land Bay 3" has been removed from the proffer statement while the wording "in the location generally depicted on the GDP" has been kept intact. Additionally, we have clarified that Coverstone will be built from Route 50 to the entrance of the Armory site. Item #3. 5.3 has been updated to indicate that the proposed community center/swimming pools/park space package will serve as the required recreational units and will be, at minimum, equivalent to $25,000 per required rec unit. In addition, required recreational units for each phase will be bonded as the residential phases progress. Item #4. In recognition that the County will use its own best judgment in the application of eminent domain, the applicant feels that the use of this power should remain listed as an option should other means of acquiring right-of-way not be feasible. Item #5. Please reference proffer 16.11 which states that "all public streets and roads shall be constructed by the Applicant in accordance with the recommendations of the approved TIA for the Property." I will bring you a copy of the revised proffers at lunch time. Let me know if you have any questions. Thanks. -Patrick -----Original Message ----- From: Eric Lawrence [mailto:elawrenc@co.frederick.va.us] Sent: Tuesday, July 05, 2005 10:55 AM To: Chuck Maddox; Patrick R. Sowers Subject: Carpers Good morning Chuck and Patrick. Chuck, thanks for the revised proffers, July 5th version. I've review this July 5th version, things appear to be coming together... I've identified a few issues that should be clarified to avoid questions down the road Item #1. Section 1.4.1 clarifies that no more than 750 saleable market rate residential units will be built; Good. And Section 3 clarifies that no more than 35 workforce residential units will be built ; good. ...therefore, we could expect no more than 785 saleable residential units in the project..... BUT, Section 1.5 opens the door for rental apartments, but no limit in rental apartments has been established..... Please clarify or consider establishing a limit in rental units. Item #2. Reservation of property Section 4.2 references an area in 1 of 2 7/6/2005 4:09 PM RE: Clrpers 0 46 Lan/Bay 3. :''B3 doesn't exist on any of the illustrative that have been provided to the County with this application. Also, the proffer states that a minimum of a two lane Coverstone Drive will be built to the entrance of the Armory site. From where is the road being built? from Route 50 or Prince Frederick Drive? Item #3 Community Center. The R-4 District requires that you provide for 26 recreation units (785 dwellings / 30 dwellings per unit) which equates to a $650,000 recreational amenity package. Are you intending to proffer the community center package as an additional amenity? As proffered, I would expect that the required recreational units would be in addition to these proffered community facilities. Also, staff will expect the community facilities to be bonded with the first subdivision phase, and constructed by the end of calendar year 4. Please clarify in the proffer as appropriate. Item #4 Eminent domain. Failure of the applicant to secure all rights -of -way to implement the TIA identified improvements will significantly impact the LOS. The County has not utilized eminent domain powers and would discourage a proffer suggesting such. Item 45 Future TIAs and associated improvements. Section 16.13 addresses the need for future TIAs, but does not clearly state that the applicant would construct the necessary improvements identified by the TIA. Please clarify. Also, as we've discussed, all color illustrative that we've received state MDP, not GDP. Therefore, we have a descrepency between proffered language and provided illustrative. This discrepancy should be corrected prior to BOS agenda. -Eric Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 2 of 2 7/6/2005 4:09 PM COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 24, 2005 The amount of $50.00 was deposited in line item #3-010-013030-0007 for the company named below had a deposit for one sign for Rezoning #11-05 for Carpers Valley. 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: RSA/pd Miller & Smith 8401 Greensboro Dr. Suite 300 McLean, VA 22102 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 .. �11.1 .4aqfj3_ -------------------------------- No. 127486 ' DOLLARS 6EQR RENT ZY �X6cbUNT CASH lu FROM -TO PAYMENT DCHECK ORDER f�AL. DUE MONEY 0 BY 1182 �-________________________________ No. 127487 iCEIVEDFROM L64 Is/ DOLLARS FOR RENT COUNT CASH FROM MENT CHECK TO 1182 _______________________________ o. 127488 4�'�YMENT CHECK ORDER B CHECKS: -� c� CURRENCYA a S e-" LESS CASH: �------------' CD CD TOTAL: PREVIOUS ENDING: RECEIPT(S): U:1Deeter\COMMON\DEPOSITR�DEPOSIT REPORT FINANCE.XLS 12272004 r es, 0 T A X R E C E I P T a�e�N ,BDERICK COUNTY 'red°f WILLIAM ORNDOFF, JR e -P . O . BOX 2 2 5 des WINCHESTER VA 22604-0225 Ticket #:00013810001 Date 6/28/2005 Register: CJO/CJ Trans. #: 09999 Dept # ZASP Acct# ZONING APPLICATIONS Previous Balance $ 31200.00 Principal Being Paid $ 31200.00 Penalty $ .00 Interest $ .00 Amount Paid $ 31200.00 *Balance Due $ .00 Cash 25.00 Pd by PLANNING Check 31200.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2005 I '1w 06/23/2005 THU 14:48 FAX 7038216816 MILLER AND SMITH INC. M 00 0 2 / 0 0 3.,__._.__._- it t / 8402 Greensboro Drive Suite 300 McLean, Virginia. 22102 703-82I-2500 Fax: 703-821-2040 towm miUerandsmith.eom MIL ER R SMTTH June 23, 2005 Ms. Serena Manual Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 RE: Carpers Valley Dear Renny, Thank you for arranging the meeting yesterday with Mr. Wilmot and Mr. Fisher. I believe that there are opportunities for both our entities to succeed in the development of Carpers Valley. The following are commitments that we are willing to proffer, assuming that the Airport Authority will support our request for the rezoning in its current format. 1. The Airport Authority has isolated approximately 20 acres of land that is needed from Carpers Valley, for development projects. Our firm will accommodate your need in a number of ways: a. Trade Airport land that is outside of the development zone for CV land inside the zone on an acre per acre formula. b. Trade CV land for the land needed for the extension of Coverstone Drive. across the Airport land which will eventually be the future Public Safety Building, site, and a portion of Prince Frederick Drive. The Airport shall dedicate the area of land necessary for this road to the County of Frederick. c. The land needed for the Airport aviation easement at the southwest corner of our property will be set aside as an easement at no cost to the Airport. The Airport may install their fence on the easement line; CV will use the density assigned to the easement area, and will begin any setback requirements at the actual property line. v 06/23/2005 THU 14:48 FAX 7038216816 MILLER AND SMITH INC. 0003/003 I d. CV shall reserve the balance of the area that the Airport Authority has designated for acquisition until June 30, 2013 for purchase by the Airport. e. If the Charter of the Airport Authority will allow, CV wishes to pursue a Joint Venture with the Airport to develop the Airport property, and perhaps additional CV property for aviation related purposes. A venture would be established which would create a Development Partnership LLC between the two entities which could accelerate the timeline for the hanger construction, and could expand the developable property for the Airport. If the text of this letter is acceptable to your Board, we will begin to survey the areas that will be the subject of the trades, and will complete an option agreement for the residual land. Please let me know the decision of the Board. Sincerely, John Conrad Vice President Cc: John R. Riley Chuck Maddox TO: Bob Mitchell FROM: RE Eric Lawrence, AICP Planning Director Rezoning Application Proffer Statement — Carper Valley rezoning DATE: July 1, 2005 Please find attached to this memorandum the proffer statement from the Carper Valley rezoning application that has been submitted to the Department of Planning and Development. Generally Mike Ruddy forwards such requests for your review, but he is on vacation so I am forwarding this proffer in his absence. Please disregard had Mike already forwarded you the proffer for review. This rezoning has been placed on the Planning Commission's July 20, 2005 agenda. Please forward to staff your legal concerns regarding this proffer statement. Thank you for your continued assistance. Cc: John Riley, Jr., County Administrator Attachment: Carper Valley rezoning proffer statement, dated June 24, 2005, revised July 30, 2005 • • PROFFER STATEMENT REZONING: RZ. # : RA to R4 PROPERTY: 281.5 Acres Tax Map & Parcels 64-A-82, 83, 83A, 86, 87, and 87A (the "Property") RECORD OWNER: JGR Three, LLC; Richard G. and Donna C. Dick; Constance L. Tjoumas; Gregory L. Coverstone; Cynthia Ann Pappas; Ellen, LLC; LCR, LLC; MDC Three, LLC; Susan Sanders, LLC; Liberty Hill, LLC; Thomas A. Dick; Timothy J. Dick; Michael E. Dick APPLICANT: Miller and Smith Land, Inc.; Miller and Smith at Coverstone, LLC PROJECT NAME: Carpers Valley ORIGINAL DATE OF PROFFERS: June 24, 2005 j��'=��4•�� REVISION DATA: / 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 which 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, Carpers Valley" prepared by Patton Harris Rust & Associates, (the "MDP") dated June 24, 2005. 1. LAND USE 1.1 The project shall be designed to establish interconnected mixed -use residential and commercial/employment Land Bays in conformance with the MDP, and as is specifically set forth in these proffers. {00001706.DOC / 5 PROFFERS.doc 000145 0000201 0 0 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 Except as modified herein, and except to the extent any portion of the Property is owned or leased by the United States or any department or agency thereof, or by the Virginia National Guard, and is exempt by law from compliance with state and local land use ordinances and regulations, areas for commercial use on the Property shall be developed in conformance with the regulations of the Residential Planned Community ("R4") zoning district, as set forth in the Frederick County Code Article VII, § 165-67 through § 165-72, as cross-referenced to Article X, § 165-82, Sections A through D inclusive, and § 165-83. All commercial development on the Property shall comply with the aforesaid regulations, as approved by Frederick County, and these Proffers. 1.4 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 these residential Land Bays may comprise any of the permitted unit types identified for those Land Bays as set forth on the MDP and the Design and Development Standards, and authorized for the R4 district, and these Proffers. 1.4.1 Residential development on the Property shall not exceed 750 market rate dwelling units, with a mix of housing types permitted in the R4 district, and dwelling units shall be constructed in the locations generally depicted on the MDP and as further set forth herein. Multi -family units, as defined by the Design and Development Standards, shall not exceed 50% of the total number of market rate dwelling units developed in the project. For purposes of this proffer, market rate housing shall be dwelling units sold at the then - prevailing usual and customary prices for housing of a similar type and construction in the general Frederick County real estate market. 1.5 Rental apartments and condominium units over retail and office uses shall be permitted. 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 (00001706.DOC / 5 PROFFERS.doe 000145 000020)2 0 0 zoning district, the MDP as approved by the Board, and this Proffer Statement. 3. PROVISION OF WORKFORCE HOUSING 3.1 The Applicant shall coordinate with the Board or with such other public or private entity as the Board may direct, to provide workforce housing within the Property. For the purposes of these proffers "workforce housing" shall mean housing that is made available to resident home buyers whose household incomes are at or below 80% of the median income of the County at the time of their home purchase. 3.2 The Applicant shall provide not more than 35 workforce housing units in addition to the market rate units set forth in Proffer 1.4.1. 3.3 Workforce housing unit prices shall be established and adjusted by the Applicant according to the following guidelines: 3.3.1. The Applicant shall ascertain sales prices based upon a determination of all ordinary, necessary and reasonable hard and soft costs required to construct and market workforce housing units by private industry in the immediate area of the Property, including the area's current general market and economic conditions. 3.3.2. Sales prices shall include, among other costs, provisions for builder -paid permanent mortgage placement costs, closing costs except for prepaid expenses at settlement, and other applicable costs resulting from proffers given and accepted through rezoning approval. 3.3.3. Sales prices shall not include the cost of land, marketing expenses, and extra finishes and amenities exceeding 10% of the total unit construction cost, including landscaping, unless otherwise approved by the Director of Planning. 3.3.4. Sales price shall include a 1.5% commission/finders fee to be paid to a real estate agent who secures a purchaser of a workforce housing unit. 3.3.5. The sales price of the workforce housing units shall be established such that the builder shall not suffer economic loss as a result of providing such units. Economic loss shall result when the builder fails to recoup the cost of construction, including site development and infrastructure costs, exclusive of the cost of land acquisition. {00001706.DOC / 5 PROFFERS.doe 000145 000020}3 3.4 The opportunity to purchase these units during an initial six-month marketing period following the issuance of building permits for each such unit shall be reserved for Frederick County sheriffs' deputies, Frederick County public school teachers, and any other Frederick County or School Division employees who have been so employed for not less than three years and otherwise satisfy the qualifications set forth herein. Following such period any units not sold to qualifying purchasers pursuant to this proffer may be made available for purchase by members of the general public who meet the requirements for purchase of such housing. In the event that no qualifying purchaser has acquired any workforce housing unit(s) within eighteen months of the issuance of occupancy permits therefor, those units may thereafter be sold at market rate as other units. 3.5 The Applicant shall include reasonable provisions in the conveyances of workforce housing units, including restrictive covenants in the deed of conveyance that shall be enforceable by the homeowners' association to which such units shall belong, or to any Frederick County governmental office or agency with responsibility for workforce housing that may hereafter be created, that assure their retention as workforce housing for a period not less than 30 years. 4. RESERVATION OF PROPERTY FOR PUBLIC USES AND DEDICATION OF PROPERTY FOR ARMORY USE 4.1 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, and shall reserve for potential acquisition by the Airport that portion of any Land Bay designated as reserved for the Winchester Regional Airport for a period of eight years following Final Rezoning. 4.2 In addition to the foregoing, upon written request therefor the Applicant shall dedicate approximately ten acres in Land Bay 3 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 MDP. In the event that no such request is made within 24 months following Final Rezoning, such property may be employed for commercial and employment uses as otherwise provided in these Proffers and depicted on the MDP. 5. PHASING OF THE DEVELOPMENT 5.1 The residential portions of the Property shall be developed as follows: {00001706.DOC / 5 PROPPERS.doe 000145 00002014 • 5.1.1. The Applicant may obtain building permits for not more than 100 residential units in Land Bay 1 in the second calendar year following Final Rezoning. 5.1.2. The Applicant may obtain building permits for not more than 128 residential units in Land Bay 1 in the' third calendar year following Final Rezoning. 5.1.3. The Applicant may obtain building permits for not more than 240 residential units in Land Bay 1 in the fourth calendar year following Final Rezoning. 5.1.4. The Applicant may obtain building permits for not more than 185 residential units in Land Bay 1 in the fifth calendar year following Final Rezoning. 5.1.5. The Applicant may obtain building permits for not more than 132 residential units in Land Bay 1 in the sixth calendar year following Final Rezoning. 5.1.6. The foregoing annual limits shall be cumulative, and residential building permits not obtained in any given year may be obtained in any succeeding year. 5.2 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. 5.3 Community -serving improvements including a 4,000 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. The location thereof shall be depicted on final subdivision plans for such residential development. These improvements shall be completed not later than the end of the fourth year following Final Rezoning. 6. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 6.1 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. 6.2 All signage within the Property shall be in substantial conformity with a comprehensive sign plan that meets the requirements of the Zoning (00001706.DOC / 5 PROFPERS.doc 000145 000020}5 Ordinance for signage, which shall be submitted in conjunction with the first final site or subdivision plan for the Property. 7. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 7.1 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 and to adjacent properties. 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 all 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. 8. FIRE & RESCUE: 8.1 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 such unit. 8.2 Following Final Rezoning, the master HOA to be created in accordance herewith shall contribute annually on or before July 1st of each year, the sum of $100 per constructed residential unit, and $100 per 1000 square feet of constructed commercial (not including any land owned or leased by the United States or the Virginia National Guard), to the volunteer fire and rescue company providing first due service to the Property. Such contribution shall terminate if and when such company converts to a fully paid service. 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. 9. SCHOOLS: 9.1 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 such unit. 10. PARKS & OPEN SPACE: 10.1 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 such unit. 11. LIBRARIES: {00001706.DOC / 5 PROFFERS.doc 000145 000020}6 0 • 11.1 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 such unit. 12. ADMINISTRATION BUILDING: 12.1 The Applicant shall contribute to the Board the sum of $79 to be used for construction of a general governmental administration building upon issuance of a building permit for each such unit. 13. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 13.1 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. 13.2 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 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 entire 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. 13.3 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 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. 13.4 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") which shall be sub- {00001706.DOC / 5 PROFFERS.doe 000145 000020}7 association(s) of the master HOA. 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. 13.5 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. 14. WATER & SEWER: 14.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such comlection at the property boundary. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 15. ENVIRONMENT: 15.1 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. 15.2 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. The Applicant shall consult with the Executive Director of the Airport with respect to the granting of a reasonable avigation easement. The Applicant {00001706.DOC / 5 PROPPGRS.doe 000145 000020) 8 • 0 shall provide noise attenuation treatment for residential units within the 65 Ldn zone. 16. TRANSPORTATION: 16.1 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. 16.1.1. The Applicant shall design Coverstone Drive as a full section with raised medians on an 80' right-of-way as determined by 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. 16.1.1.1. Coverstone Drive shall be constructed in phases as set forth herein: 16.1.1.1.1. Phase 1 shall consist of a four -lane section including a ten -foot trail from Millwood Pike to the Phase 1 line in Land Bay 1 as depicted on the MDP. Such road shall be constructed in sub -phases as delineated on the final master development plan and/or subdivision plan, to provide access to development within the Land Bay, and in any event shall be completed or bonded for completion prior to the issuance of the first building permit for each sub -phase. The Applicant shall not petition for inclusion of this Phase of Coverstone into the State System of Secondary Roads until it is completed as a full four -lane section to the Phase 1 line. 16.1.1.1.2. 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 MDP. This two lane segment shall be completed or bonded for completion prior to issuance of the 451 st residential building permit. 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. {00001706.DOC / 5 PROFFERS.doe 000145 000020}9 16.1.1.1.3. As Phase 3, the Applicant shall design Coverstone Drive Extended as a four -lane section from Prince Frederick to Relocated Route 522 when the intersection of Coverstone Drive and Prince Frederick Drive has been accepted into the State System of Secondary Roads. The Applicants shall place the amount of $1,000 per market rate dwelling unit in an escrow account for future construction of Coverstone Drive Extended (not to include any of the 35 workforce housing units otherwise provided for herein) and/or other projects in the vicinity that are related to the development of the road network serving the Property. Such funds shall be escrowed at the time of building permit issuance for each market rate unit, and shall be released to the County within 90 days of a written request by the County. 16.1.2. The Applicants shall provide the right-of-way for a future interparcel connection from Coverstone Drive to the easternmost property boundary line of the Property, for access to the National Guard Armory as shown on the MDP. Said right-of-way shall be dedicated not later than conveyance of the property to the National Guard. 16.2 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. Coverstone shall be completed in accordance with the foregoing road phasing schedule. 16.3 The Applicant shall provide for future interconnection with Inverlee Way when that road is extended south of Millwood Pike, 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. 16.4 The Applicants shall make no other connection to Millwood Pike than Coverstone Drive. 16.5 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 (00001706.DOC / 5 PROPP> RS.doe 000145 000020)10 0 0 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. 16.6 The Applicants shall place the amount of $75,000 in an escrow account for signalization of the intersection of Millwood Pike (US Route 50) and Victory Road (Route 728). Such funds shall be escrowed within six (6) months of the issuance of the first residential building permit in Land Bay 1, and shall be released to the County within 90 days of a written request by the County. 16.7 The Applicants shall place the amount of $150,000 in an escrow account for signalization of the intersection of Costello Drive and Prince Frederick Drive. Such fiends shall be escrowed within six (6) months of the issuance of the first commercial building permit in Land Bay 2, and shall be released to the County within 90 days of a written request by the County. 16.8 The Applicants shall close the existing Carper's Valley Golf Club entrance on Millwood Pike, to include closure of the corresponding crossover on Millwood Pike, at such time as the existing golf club use ceases operation. 16.9 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, or if such right-of-way is not obtained by governmental authorities either by donation, purchase, or through the use of their powers of eminent domain. 16.10 All public right-of-ways shall be dedicated to Frederick County as part of the subdivision approval process, consistently with applicable Virginia law. 16.11 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. 16.12 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. 16.13 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 {00001706.DOC / 5 PROPP! RS.doc 000145 000020} 1 1 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. 17. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 17.1 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. 18. ESCALATOR CLAUSE 18.1 In the event the 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 CPI-U to the date the contributions are paid, subject to a cap of 5% per year, non -compounded. SIGNATURES APPEAR ON THE FOLLOWING PAGE {00001706.DOC / 5 PROFFERS.doe 000145 000020} 12 0 • JGR Three, LLC I3 Its Managing Member Ellen, LLC Its Managing Member {00001706.DOC / 5 PROFFERS.doc 000145 000020} 13 0 0 LCR, LLC By Its Managing Member (00001706.DOC / 5 PROPPGRS.doc 000145 000020} I4 0 0 MDC Three, LLC Its Managing Member (00001706.DOC / 5 PROFFERS.doc 000145 000020} 15 0 • Susan Sanders, LLC Its Managing Member {00001706.DOC / 5 PROFFERS.doc 000145 000020} 16 0 0 Liberty Hill, LLC Its Managing Member {00001706.DOC / 5 PROFFERS.doc 000145 000020} 17 • • Thomas A. Dick 100001706.DOC / 5 PROFF) RS.doc 000145 000020} 18 • C� Timothy J. Dick (00001706.DOC / 5 PROFFERS.doc 000145 000020} 19 Michael E. Dick {00001706.DOC / 5 PROFFERS.doc 000145 000020}20 • • Gregory L. Coverstone {00001706.DOC / 5 PROFFERS.doc 000145 000020}21 0 • Cynthia Ann Pappas (00001706.DOC / 5 PROFFERS.doc 000145 000020)22 0 0 Richard G. Dick {00001706.DOC/5 PROFFERS.doc 000145 000020123 M L Donna C. Dick {00001706.DOC / 5 PROPPI;RS.doc 000145 000020}24 0 • Constance L. Tjoumas {00001706.DOC / 5 PROFFGRS.doc 000145 000020}25 0 • Miller and Smith Land, Inc. IC Its: {00001706.DOC / 5 PROPPERS.doc 000145 000020}26 Miller and Smith Coverstone, LLC Its: J:\—I\MILLER AND SMITH FREDERICK\PROFFERS\PROFFERS 062405.doc (00001706.DOC / 5 PROFFERS.doc 000145 000020)27 TO: FROM: SUBJECT: DATE: r COUNTY of FREDERICK Department of Planning and Development MEMORANDUM John R. Riley, Jr., County Administrator Eric R. Lawrence, AICP, Planning Directork; Comprehensive Policy Plan — Land Use Designation Carpers Valley Golf Course Area Properties (REZ 411-05) July 12, 2005 540/665-5651 FAX: 540/ 665-6395 Per your request, I have summarized the 2003 Comprehensive Policy Plan land use policies applicable to the Carpers Valley Golf Course properties (a.k.a. Carpers Valley Rezoning #11-05). Below is a snippet from the rezoning staff report as well as further interpretations. • The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide or making decisions regarding development, preservation, public facilities and other key components of community life. [Comprehensive Policy Plan, p. 1-1] • The subject parcels are located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein new residential land use is discouraged due to the prevalence of aircraft noise and the consequent potential for use incompatibilities. The development of business and industrial land uses is promoted within the Airport Support Area to minimize such use conflicts and ensure the feasibility of future airport expansion and take advantage of the economic development potential associated with the Regional Airport. However, in cases where residential development is permitted within the Airport Support Area, aviation easements and other protective measures should be considered to safeguard airport operations. (Comprehensive Policy Plan, p. 6-61, 6-63) • The planned road network included in the Route 50 East Corridor Land Use Plan identifies a collector road system which provides for an east - west linkage. This planned east -west collector road should also provide for linkages to the north coinciding with Inverlee Way (a planned north- 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 • John R. Riley, Jr., County Administrator Re: Carpers Valley Golf Course Area Properties July 12, 2005 south major collector road). These planned road network linkages would both relieve some pressure from the existing 522/50/81 interchange area, as well as to act as a connector between the various parcels that would otherwise have utilized Route 50 as their sole means of ingress and egress. (Comprehensive Policy Plan, p. 6-19, 6-21) The Land Use Plan and policies applicable to the subject properties clearly support business and office uses (Comprehensive Policy Plan, p. 6-21 map). Rezoning 911-05 seeks "employment uses" via the R-4 Zoning District designation. The R-4 District enables all uses associated with the B1, 132, 133, and M1 Zoning Districts. While M1 uses may not be consistent with the policies designated in the land use plan, the B1, B2 and B3 Zoning Districts would be consistent with the planned land use designations of Business and Office uses. In terms of the residential aspect of this rezoning petition, the applicant has suggested that moderate to high density residential uses are appropriate, acting as transitional residential uses between the employment uses and the existing single-family uses to the north (Carpers Valley Rezoning Impact Analysis, June 2005, p. 1, 2). The proposed R-4 Zoning seeks to enable a viable mixed use project, utilizing an appropriate level of design, balance of uses, and proffers attempting to minimize adverse impacts. The Land Use Plan (Comprehensive Policy Plan, p. 6-21 map) designates Transitional uses along Route 50. While the term "Transitional" is not specifically defined by the Plan, it is appropriate to suggest that Transitional uses would consist of uses which act to buffer the single-family uses from the business/office uses planned for the subject properties. Transitional residential uses might include moderate density housing (townhouses and apartments), which would lessen conflicts and impacts associated with locating detached single-family uses adjacent to non-residential uses. If such transitional residential uses are to be considered, all efforts must be made to distance the residential uses from the airport property. While it may be feasible to implement the transitional residential uses, it is probably not appropriate to implement transitional residential uses which far exceed any residential density the County has generally experienced. Most single-family developments are achieved at a density of 2.3 units per acre. The subject proposal would enable 785 residential dwellings to be constructed on 115 acres, which results in a net density of 6.8 units per acre. While enabled by ordinance and policies, the County certainly does not generally experience densities of this scale. Page 3 John R. Riley, Jr., County Administrator Re: Carpers Valley Golf Course Area Properties July 12, 2005 Therefore, in consideration of the Comprehensive Policy Plan, the applicant has attempted to address each of the three elements mentioned in the Comprehensive Policy Plan applicable to the subject properties (business / office uses, East-West collector road, and Airport Support Area). The Board of Supervisors is empowered to make the ultimate decisions in terms of land use. The Comprehensive Policy Plan is a policy guide to assist the Board when considering rezoning requests, with the rezoning petition implementing the policies of the Comprehensive Policy Plan. In 2003, the Board of Supervisors' denial of a previous rezoning petition stated that use of the properties for purely residential purposes was not consistent with the Comprehensive Policy Plan. ERL/rsa Cc: Gene Fisher, Shawnee Magisterial District Supervisor Carpers Valley rezoning request 0 Subject: Carpers Valley rezoning request Date: Fri, 24 Jun 2005 20:08:58 -0400 From: Glenn McLain <gmclain@avdp.org> To: Eric Lawrence <elawrenc@co.frederick.va.us> CC: "Board of Supervisors":;, Renny Manuel <okvmanuel @adelphia. net>, Dave Foley <okvfoley@adelphia.net>, Charles L Wilmot <cwilmot@shentel.net> Friday's Winchester Star, page Bl, and previous Winchester Star articles With the recent NIMBY comments being made by many residents, this is a project that should not allow any residential development. There should be NO additional residential development allowed within the airport area, see attached file. This will help to prevent future complaints about the airport. As for the proposed road between 522 and the proposed development, NO road should be allowed on airport property. This is a safety area and should remain as such. There is no need for this road, or need for, by the proposed Public Safety building as it has existing roads to 522 and 50. As for proffers. To the airport, this should be an outright proffer, not an option to purchase. It should also include all other areas identified by the airport and the FAA. All properties within the airport area need to have a deed restriction identifying that the airport was there first and that NO property owner can claim any damage for noise or other because of the airport. Any and all other proffers need to be more than tokens. They need to cover ALL of the costs that the county will incur because of this rezoning. Additionally, before any decision is made for this rezoning, the revised airport master plan must be consulted and adhered to. Any FAA safety restrictions must be complied with. I'm requesting that a copy of this be provided to all Planning Commission members. Name: RZN Airport-x.pdf RZN_Ailport-x.pdf Type: Portable Document Format (application/pdf) Encoding: base64 1 of 1 6/28/2005 8:41 AM Frederick County Planning Subject: Frederick County Planning Date: Sun, 26 Jun 2005 15:03:51 -0400 From: "david worthington"<woi thington. david@worldnet. att. net> To: <elawrenc@co.frederick.va.us>, <gerald.crowell@do£virginia.gov> Mr. Lawrence: I am a land owner in Frederick County plus a concerned citizen and have a couple of suggestions and requests. First, I have heard about a new plan for developing the Carper's Valley area next to the airport. However, my concern is not the airport. The airport staff has far more expertise and experience on this matter to address the concerns with this issue. No, my concern is that whatever is built on this land takes into account the natural beauty that exists in the area. I work at TAC and have often walked the woods surrounding this property. I have enjoyed the peaceful solitude (planes not withstanding) and have seen a variety of animals and birds ranging from deer, squirrels, and chipmunks to cardinals, woodpeckers and red-tailed hawks. Plus the woods provide a screening that keeps the noise from the airport from being obtrusive. The woodland setting helps create a restful and enjoyable work surrounding as well. I would hope that these woods would be at least partially protected for future development to provide the positive aspects noted above. I would be willing to assist the county in this endeavor if possible. I would also like Gerald Crowell to be part of this process if he is agreeable. The second and somewhat similar issue is the Papermill Road extension at Route 522. Again, here you have an old growth of trees that I would hope be protected when Papermill is either expanded or revised. I am again willing to work with the Planning Department on this issue as well and would also appreciate Mr. Crowell's assistance, if available. Please note that another avenue that could be used in these areas is conservation easements. I am willing to work this as well if you think it has some potential. In closing I appreciate your taking the time to read my e-mail and look forward to hearing from you. If you have any questions I can be reached at (540) 665-3939. Take care, David 1 of 1 6/28/2005 8:43 AM C� • May 24, 2005 Notes for Carper Valley Town Center rezoning proposal review Below are identified issues and concerns with the Carper Valley Town Center rezoning proffer package, dated May 24, 2005, and presented May 23`d to County planning staff for preliminary comment. This constitutes the second proffer package offered to the County for preliminary review; the first was dated May 2005 (received by planning on May 19, 2005). Land Use 1.2 "Design and Development Standards Manual". Has not been provided for review, nor included as part of the rezoning application. Please provide this document for review, and include as part of the proffer statement. Recognize that any modifications to the regulations need to be identified and justified within the application 1.3 Clarify "leased" by the US GSA — Local and state ordinances would be applicable if this were the case? 1.4 Makes reference to the Design and Development Standards", yet this document are not part of the proffer statement that has been submitted for review. 1.4.1 Fails to identify the maximum number of dwellings. Proffer reads "Residential development on the property shall not exceed a maximum of \ dwelling units..." 1.6 Fails to identify gross density. Proffer reads "The gross density of residential units on the Property shall not exceed \ units per acre. Provide a justificationregarding any increase in permitted residential density. Staff can not snake this case for the applicant. Reservation of Commercial Property 3.1 Fails to identify gross density. Proffer enables the land designated for GSA, etc to be developed residentially if GSA does not act within specified time frame. Please be reminded that the Land Use Plan designates the entire subject properties for business and office use, not residential. Converting commercially designated land to residential is not consistent with the land use plan. Phasing of the Residential Development 4.1 Phasing Plan. Fails to clarify the residential units per phase, and road segments to be completed. 4.2 Community improvements. Clarify intent of statement. Identify community improvements on MDP e.g. Ree. Center, etc. Community wide facilities should be constructed with the early or initial phases of the development. Architecture, Signage, and Landscaping 5.2 Fails to provide the details associated with the proffered "Comprehensive Sign Plan". Discusses the proffered right to utilize alternative signage — the County does not accept proffers which exceed the zoning ordinance requirements. Please clarify the signs intended by the Comprehensive Sign Plan. Should be provided with the MDP or Pedestrian Trail System 6.1 References various trail details/surfaces, which differ based on the public or private road system. Yet, the proffer and MDP never state what roads will be public or private. Please clarify road network so that the trail network is better understood. Are the trails and sidewalks to be located on both sides of all roads? 6.1 cont'd Four foot trails fall below minimum acceptable standards, even for a private improvement. 10' wide asphalt trails should meet or exceed VDOT standards Fire and Rescue 7.1 Please clarify contribution for emergency services 7.2 Please clarify what a "master HOA" is? 7.2 cont'd. Who has responsibility for monitoring or facilitating this contribution? Is this an acceptable proffer? It is unclear if the CPI is applicable to the contribution. It would appear as though as this money is not paid to the Board, the CPI provision would not be applicable. Please clarify monetary contributions referenced for the various county facilities. Upon finalization of number of dwelling units and approximate square footage of conunercial staff would be able to provide an additional FIlv1 output for your use. Transportation As previously discussed, the proposed road system should be consistent with the Rt 50 Land Use Plan. Built as Major Collector roads, 4-lane sections. Furthernlore, it is noted that the applicant has not proffered to construct any offsite improvements, yet these off - site improvement (as so stated by the applicant) are clearly necessary for the road system to function. The transportation network, as previously discussed, should include connections to Prince Frederick Drive, Inverlee, Sulfur Springs Road, and Victory Lane. Additionally, no other access, than identified above, should be made to Rt 50. Previously, the applicant stated their intention of constructing the relocated Rt 522; concept has been completely removed from the latest proffer statement. Many of these comments / concerns are consistent with issues previously raised with the th applicant during meetings on May 19 and April 13 0 • MDP should meet all MDP requirements, see check list. MDP must be approved as a major component of Rezoning. Make sure all agencies are reviewing the MDP in addition to the rezoning and providing the appropriate approval. A completed application should be submitted to enable the placement of this item on the public hearing schedule. A completed application includes: * approval comments from the review agencies (VDOT, public works, schools, service authority, sanitation authority, fire marshal, parks and recreation, HRAB, Airport, county attorney, and planning departments. * completed application form and materials * Review fee of $ 30,692 for the 276.92 acre project ; plus the $50 deposit for the public hearing sign U Frederick County, Virginia CARDERS VALLEY REZONING APPLICATION AND SUPPORTING MATERIALS Shawnee Magisterial District May 2005 Prepared by. Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 0 C� Table of Contents I. Application Form II. Impact Analysis A. Introduction B. Comprehensive Policy Plan C. Suitability of the Site D. Transportation E. Sewage Conveyance and Water Supply F. Site Drainage G. Solid Waste Disposal Facilities H Historic Sites and Structures I. Impact on Community Facilities J. Modifications IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket Frederick County, Virginia CARDERS VALLEY REZONING APPLICATION AND SUPPORTING MATERIALS Shawnee Magisterial District June 2005 Prepared by. Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 Table of Contents Application Form Impact Analysis A, Introduction Comprehensive Policy Plan Suitability of the Site Transportation Sewage Conveyance and Water Supply Site Drainage Solid Waste Disposal Facilities Historic Sites and Structures Impact on Community Facilities J. Modifications IV. Frederick County Fiscal Impact Model Output V. Proffer Statement VI. Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 28, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-05 FOR CARPERS VALLEY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 12, 2005, 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: 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 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, on the north side of the Airport, in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Plaiming 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.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify Z_� the attached correspondence was mailed to the following on 8k from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 82- TJOUMAS, CONSTANCE L ETALS CIO GREGORY COVERSTONE 334 HIGH BANKS RD STEPHENSON, VA 22656.2008 y 64 - A- - 83- DICK, RICHARD G & DONNA C 1600 MILLWOOD PIKE WINCHESTER,VA 22602-4377 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 L. Piccadilly Street, Suite 200 Wincliester, VA 22601 64 - A- - 79- 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT WINCHESTER, VA 22602 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602-4558 64 - A- - 134- LONG, RAYMOND & TANYA C WINCHESTER REGIONAL 718 CHELSEA DR 491 AIRPORT RD WINCHESTER, VA 22601.6379 WINCHESTER, VA. 22602.4517 64 - A- - 132- RUFFNER, TERRY W & LOIS J 64 - A- - 80-J 112 SULPHUR SPRING RD GLAIZE & BRO, LC WINCHESTER, VA 22602.6535 ATTN: RE RACER PO BOX 2598 WINCHESTER, VA 22604.1798 64 - A- - 80-0 / w BLUE RIDGE INDUSTRIES ✓/ PO BOX 1847 Michael T. Ruddy, Deputy Planning Dire or WINCHESTER, VA 22604.8347 Frederick County Planning Departmen STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do 1IL4eby certify that Mi' iael T. Ruddy, Deputy Planning Director for the Department of PI id Development, whose name is signed to the foregoing, dated 7��'S 0! , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this - Jday of _v My commission expires on NOTARY P193LIC / OU61'r 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER, VA 22602.4561 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MO 21740.1732 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER, VA 22602-4328 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2.1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1. 15- LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 14- FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7- 1- 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7- 1- I- HARTLEY, DJUGLAS ALLEN 100 STANLEY DR WINCHESTFR, VA 22602.7334 64A - 7- 1. 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A 13 WING -ER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MO. 21740.6032 64 - A- - 84- HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 22603.4224 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 TO:BARBARA-DATA PROCESSING 97 FQnM:Bev-Plnnnin9 Dept. TO:BARBARA-DATA PROCESSING Adjoiinnfig Property O ner FROM:Bev - Planning Dept. Rezoning Pie a print sets of labels by 7/i3 /0 THANKS!! Owners of property adjoining the land will be notified of the Planning CommissiM 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 i 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 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 i 3 I'JA05!7ACs Name: Potomac Edison Company 10435 Downsville Pike 64-A-124A Ha erstown, MD 21740 -Property#: Name: Trustees of the ames Peyton Darlington Trust 1543 Millwood Pike 64-A-122 Winchester, VA 22602 -Property#: Name: Lloyd Fisher c/o Mary E. Washington 813 N 18th St Property #: 64-A-116 LZ Harrisburg, PA 17103 Name: Raven Wing Homeowners Association P.O. Box 888 64G-2-1-52A Winchester, VA 22604 -Property#: Name: David W. Loy 1441 Millwood Pike 64A-7-1-15 ,i' Winchester, VA 22602 -Property#: Name: Robert A. Frazier 1427 Millwood Pike 64A-7-1-14 Winchester, VA 22602 -Property#: Name: Robert A. Frazier 1427 Millwood Pike Property #: 64A-7-1-13 Winchester, VA 22602 Name: George G. & Kels R. Lambert 1411 Millwood Pike 64A-7-1-12A � Winchester, VA 22602 -Property#: 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. H�dley 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 X 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. Sem,peles 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 Name: Mary K. Hockman 104 Oak Side Ln Property #: 64-A-84 Winchester, VA 22603 Name: Mary K. Hockman 104 Oak Side Ln Property #: 64-A-85 Winchester, VA 22603 Name: Marlow Investrpents, LC 707 N Commerce Ave Property #: 64-A-89A " Front Royal, VA 22630 N e: Freoericktowne Group, LC c/o Richard Dick 1400 Mill od Pike PAPrty #: 6 1 -2 Winche , 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 Pro ert #: 64-A-89B Falls Church, VA 22044 _ JY I Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 www.avery.com 1-800-G O-AV E I* * AVERY@ 51610 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER,VA 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 64 - A- - 86- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 64 - A- - 86- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 64 - A- - 87- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER,VA 64 - A- - 87- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 22602.4377 22602.4377 22602.4377 22602.4377 22602.4377 64 - A- - 82- TJOUMAS, CONSTANCE L ETALS CIO GREGORY COVERSTONE 334 HIGH BANKS RD STEPHENSON, VA 22656.2008 64 - A- - 83- DICK, RICHARD G & DONNA C 1600 MILLWOOD PIKE WINCHESTER,VA 22602.4377 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER,VA 22602.4377 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 86- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 86- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602-4377 64 - A- - 87- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 87- JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 @L%s ®AIJ3nd S A213Ad-0E)-008-1 UJOY JDAe-AAMM ®69Ls I!aege6 al zas!1!1f1 apldea a6eq:)as a 19 a6eaanoq!jue uo►ssaidwl Jam and Smudge Free Printing ® i www.avery.com AVERY@ 51610 Use Avery@ TEMPLATE 51610 1-800-GO-AVEO 64 - A- - 87-A 64 - A- - 87-A JGR THREE, LLC ETALS JGR THREE, LLC ETALS CIO RICHARD G DICK CIO RICHARD G DICK 1600 MILLWOOD PIKE 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 WINCHESTER, VA 22602.4377 64 - A- - 87-A 64 - A- - 87-A JGR THREE, LLC ETALS JGR THREE, LLC ETALS CIO RICHARD G DICK CIO RICHARD G DICK 1600 MILLWOOD PIKE 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 WINCHESTER, VA 22602.4377 64 - A- - 79- 64 - A- - 79- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602.4517 64 - A- - 88- 64 - A- - 88- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602.4517 64 - A- - 88- 64 - A- - 88- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602-4517 64 - A- - 80-J 64 - A- - 80-J GLAIZE & BRO, LC GLAIZE & BRO, LC ATTN: RE RACER ATTN: RE RACER PO BOX 2598 PO BOX 2598 WINCHESTER, VA 22604.1798 WINCHESTER, VA 22604.1798 64 - A- - 80.0 64 - A- - 80.0 BLUE RIDGE INDUSTRIES BLUE RIDGE INDUSTRIES PO BOX 1847 PO BOX 1847 WINCHESTER,VA 22604.8347 WINCHESTER, VA 22604.8347 @L%s ®Ab3ANf S Aa3Ad-0E)-OO8-I, luo:)-A.IaAL--mAw @1.96S 1laege6 al zosimn apldea 96ey:)as a 19 afeaanogllue uoisse.idwi Jam and Smudge Free Printing ® www.avery.com S Use Avery© TEMPLATE 51610 1-800-GO-AVEO AVERYo 5161� 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER,VA 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT WINCHESTER, VA 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602.4558 64 -A- - 81- WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER,VA 22602.4558 64 - A- - 81- WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602.4558 64 - A- - 134- LONG, RAYMOND & TANYA C 718 CHELSEA OR WINCHESTER, VA 22601.6379 @Ms ®AM3AW � A o:)-Aj oe- r%AAAA 1110�'/�.IaA�'MMM 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER,VA 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT WINCHESTER,VA 64 - A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602.4558 64 -A- - 81- WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER,VA 22602.4558 64 -A- - 81- 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 @jgLS llaege6 al zasllllfl apldea a6ey:)9s a la a6eaanogllue uolssaidwl Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 0 www.avery.co 1-800-G O-AV E SAVERY0 51610 64 - A- - 132- RUFFNER, TERRY W & LOIS J 112 SULPHUR SPRING RD WINCHESTER, VA 22602.6535 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER, VA 22602-4561 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MO 21740.1732 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER,VA 22602.4328 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64 - A- - 132- RUFFNER, TERRY W & LOIS J 112 SULPHUR SPRING RD WINCHESTER, VA 22602.6535 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER, VA 22602.4561 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MD 21740.1732 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4328 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 @Ms ®AIMANIF S A113AV-OE)-008-I, wok-A.IaAe-MMM oms wege6 al zasimn apldea 96ey:)as a 19 96eaanogjlue uo►ssaadwi Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 �1' www.avery.co 1-800-GO-AVERVP SAVERY@ 51610 64G - 2. 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1. 15- LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 14- FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7- 1. 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. oMs ®AIJ3A%F S 22624.1437 A113AV-0E)-0O8-L U OYAJOAe'MMM 64G - 2. 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1. 15- LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1- 14- FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 @LgLS }IJege6 al zosinn apldeJ 96ey:)as a ja a6winocIgue uolssaidwl Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 0 www.avery.co 1-800-GO-AVE �x AVERY@ 51610 64A - 7. 1. 4- HARTLEY, DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A - 7. 1. 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER,VA 22601.3831 64A - A- - 13- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 64 - A- - 84- HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 21740.6032 22603.4224 64A - 7. 1. 4- HARTLEY, DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A - 7- 1- 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 13- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 21740.6032 64 - A- - 84- HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 22603.4224 ®LRs ®A?J' AV Q A213AV-0J-009-1. U10) AJDAWMMM oms wecia al zasluin apldea a6eg3ps a 19 a6eaanogljue uolssaidwi Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 www.avery.com 1-800-G O-AV E R9, S AVERY@ 51610 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 ©Ms @A U3AX/ 9 A113AV-0EY008-I, W0:)'AA9Ae'MA&M �. oms wege6 ai zasluin ® apldea 96ey:)as a;a a6winogllue uoissaadwl COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OIF' PUBLIC HEARING August 31, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-05 FOR CARPERS VALLEY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 14, 2005, at 6:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 911-05 of Carpers Valley, submitted by Patton Harris Rust & Associates, PC, to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned 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, on the north side of the Airport, in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, 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.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on �! u5 from the Department of Planning and Development, Frederick County, Virginia: 1 64 - A- - 80.0. 64 - A- - 82 TJOUMAS, CONSTANCE L ETALS CIO GREGORY COVERSTONE `ram 334 HIGH BANKS RD STEPHENSON,VA 22656.2008 64 - A- - 83. DICK, RICHARD G & DONNA C 1600 MILLWOOD PIKE WINCHESTER,VA 22602.4377 1 64 - A- - 83-A JGR THREE, LLC ETALS C10 RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 r f'L� 64 - A- - 79- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 22602.4517 64 - A- - 80-J GLAIZE & BRO, LC ATTN: RE RACER PO BOX 2598 WINCHESTER, VA 22604-1798 01 )LI I rJ VP V Inkffl1VlA COUNTY OF FREDERICK BLUE RIDGE INDUSTRIES PO BOX 1847 22604-8347 WINCHESTER, VA 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE 22602 WINCHESTER, VA 64 - A- - 80-L R & G WAREHOUSE, LLG 119 ARBOR CT WINCHESTER,VA 22.602 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602.4558 64 - A- - 133- LONG, RAYMOND & TANYA C 718 CHELSEA OR WINCHESTER, VA 22601.6379 Michael T. Ruddy, Deputy Planning % rector Frederick County Planning Department 1'i, , , a Notary Public in and for the State and County aforesaid, do;ereby certify that Mi iael T. Ruddy, Deputy Planning Director for the Department of Planning an Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 3 (f/n1, day of C/��/� ���✓ C S� My commission expires on i NOTARY , BLIC ,�'� 64 - A- - 132- RUFFNER, TERRY W & 01S J 112 SULPHUR SPRING FAD 22602.6535 WINCHESTER, VA 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE 226112.4561 WINCHESTER, VA 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MD 21740-1732 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4320 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0088 64A - 7. 1. 15. LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 14. FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602-4319 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7. 1. 4- HARTLEY,DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A - 7. 1. 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 6lA- - 12- , S . LES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 13- WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 64 - A- - 84- HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 21740.6032 22603-4224 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630-3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655.0807 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 klf-e d Adjointhg P or perty U ner Rezoning L71 TO--BARBARA-DATA PROCESSING FROM -.Bev - ng Dept. PI Please print sets of labels by nniTHANKS!! 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 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 Ware use, 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 3 /'ACES 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 z 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 i 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 Name: Mary K. Hochman 104 Oak Side Ln Property #: 64-A-84 / Winchester, VA 22603 Name: Mary K. Hockr7an 104 Oak Side Ln Pro ert #: 64-A-85 / Winchester, VA 22603 It , Name: Marlow Investments, LC 707 N Commerce Ave Property #: 64-A-89A / Front Royal, VA 22630 N e: Fr ricktowne Group, LC c/o Richard Dick 1400 Mill od Pike Pr rt #: 6 1 -2 Winche , VA 22602 Name: Karen B. Barrett -Perry, et als P.O. Box 807 Property #: 64-10-3 Ste hens City, VA 22655 Name: Prince Frederi5� Group, LC c/o James L. Mcilvaine, Jr. 6231 Leesburg Pike, Ste 600 Property #: 64-A-89B Falls Church, VA 22044 Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 CJ www.avery.com 1-800-GO-AVEO �x AVERY@ 51610 64 - A- - 82- TJOLIMAS, CONSTANCE L ETALS CIO GREGORY COVERSTONE 334 HIGH BANKS RD STEPHENSON,VA 22656-2008 64 - A- - 83- DICK, RICHARD G & DONNA C 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 79- 64 - A- - 79- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602.4517 64 - A- - 88- 64 - A- - 88- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602.4517 64 - A- - 88- 64 - A- - 88- WINCHESTER REGIONAL WINCHESTER REGIONAL 491 AIRPORT RD 491 AIRPORT RD WINCHESTER, VA. 22602.4517 WINCHESTER, VA. 22602.4517 AN3AV-09-008-6 @ms wege6 al zosinn 6965 a UJOYAaaAe•AroAm ® apldea 96eN:)as a 19 a6eaanogijue uolssaidwi Jam and Smudge Free Printing Use Avery@ TEMPLATE 51610 • www.avery.com 1-800-G O-AV E R-(D aAVERY@ 51610 64 - A- - 80-J GLAIZE & BRO, LC ATTN: RE RACER PO BOX 2598 WINCHESTER, VA 64 - A- - 80-Q BLUE RIDGE INDUSTRIES PO BOX 1847 WINCHESTER, VA 22604.1798 64 - A- - 80-J GLAIZE & BRO, LC ATTN: RE RACER PO BOX 2598 WINCHESTER, VA 22604.1798 64 - A- - 80.0 BLUE RIDGE INDUSTRIES PO BOX 1847 22604-8347 WINCHESTER, VA 22604-8347 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT WINCHESTER, VA 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT 22602 WINCHESTER, VA 22602 64 - A- - 81-A 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE 1936 MILLWOOD PIKE WINCHESTER, VA 22602-4558 WINCHESTER, VA 22602.4558 A113AV-OE)-008-L oLg6S Ilaege6 al zasimn ®6965 ®JIII3/iif S worAaane•AAAAAA ® apldea a6ey:)as a 1a a6eaanogljue uolssaidwl Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 www.avery.com 1-800-GO-AV E R-* S AVERYO 51610 64 - A- - 133- 64 - A- - 133- LONG, RAYMOND & TANYA C LONG, RAYMOND & TANYA C 718 CHELSEA DR 718 CHELSEA DR WINCHESTER, VA 22601.6379 WINCHESTER, VA 22601.6379 64 - A- - 132- 64 - A- - 132- RUFFNER, TERRY W & LOIS J RUFFNER, TERRY W & LOIS J 112 SULPHUR SPRING RD 112 SULPHUR SPRING RD WINCHESTER, VA 22602.6535 WINCHESTER, VA 22602.6535 64 - A- - 124- 64 - A- - 124- PERRY ENGINEERING CO INC PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE 1945 MILLWOOD PIKE WINCHESTER, VA 22602-4561 WINCHESTER, VA 22602.4561 64 - A- - 124-A 64 - A- - 124-A POTOMAC EDISON COMPANY POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE 10435 DOWNSVILLE PIKE HAGERSTOWN, MD 21740.1732 HAGERSTOWN, MD 21740.1732 64 - A- - 122- 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST DARLINGTON TRUST 1543 MILLWOOD PIKE 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4328 WINCHESTER, VA 22602.4328 A113AV-0E)-008-L 0 ems wege6 al zasmin @L%s OAIMAW uao3Aaane nnnnnn ® apldea a6eypas a 19 a6eaanogljue uolssaadual Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 www.avery.com 1-800-GO-AVERS a AVERY@ 51610 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2. 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2. 1- 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604-0888 64A - 7. 1. 15- 64A - 7. 1. 15- LOY, DAVID W LOY, DAVID W 1441 MILLWOOD PIKE 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 WINCHESTER, VA 22602.4319 64A - 7. 1. 14- 64A - 7. 1. 14- FRAZIER, ROBERT A FRAZIER, ROBERT A 1427 MILLWOOD PIKE 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 WINCHESTER, VA 22602-4319 64A - 7. 1. 12-A 64A - 7. 1. 12-A LAMBERT, GEORGE G & KELSA R LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE 1411 MILLWOOD PIKE WINCHESTER, VA. 22602-4319 WINCHESTER, VA. 22602.4319 �9�s ® A21�/��0/ A1I3AV-0E)-OO8-I. @L%s 1lAege6 al zosluin ® W0:)' (AaAe•AAAAAA ® apldeA 96eypas a ja a6eAAnogljue uolssaidwl Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 64A - 7. 1- 11-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7. 1. 11-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64G - 2- 1- 63-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64G - 2. 1. 63-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7- 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7. 1. 4- HARTLEY,DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602-7334 64A - 7. 1- 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 www.avery.com AVERY@ 51610 1-800-GO-AVERO 64A - 7- 1. 11-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7- 1- 11-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64G - 2. 1. 63-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604-0888 64G - 2- 1- 63-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7. 1. 4- HARTLEY, DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A - 7. 1. 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 @Ms ®A U3Ad 9 A113AV-0E)-008-I, U10YAJOAe'MMM ©Lg6S jlaege6 al zosluin apldea a6eN:)as V jo 96eaanog1lue uolsseadwi Jam and Smudge Free Printing Use Avery@ TEMPLATE 51616 Ll www.avery.com 1-800-GO-AVER'0 9 AVERY@ 51610 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 13- 64A - A- - 13- WINCHESTER OUTDOOR WINCHESTER OUTDOOR 355 S POTOMAC ST 355 S POTOMAC ST HAGERSTOWN, MD. 21740.6032 HAGERSTOWN, MD. 21740.6032 64 - A- - 84- 64 - A- - 84- HOCKMAN, MARY K HOCKMAN, MARY K 104 OAK SIDE LN 104 OAK SIDE LN WINCHESTER,VA 22603.4224 WINCHESTER, VA 22603-4224 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655.0807 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655.0807 @Ms ®A?J3AAf S AMAV-O J-008-1. W 0:)'AA 9Ae'MMM @69LS 1!aege6 al zasimn apldea aGey:)as a la o6ei.mogllue uolssaiduq Impression antibourrage et A sechage rapide Utilisez le gabarit 51610 64 - A- - 88-8 BRIER60N11ICK BR UP, LC 8/0UMMEWCUA1 WAIELINE 6086 SIIfIK 80! MUMCRD NA ZZM-2102 www.avery.com AVE jay® 51610 1-800-G O-AV ERYO 64 -A- - 31-B BBER60icR GROUP, LC DI0U3 AIN6yIJ6pELINE �89 S PIKalB'>�BO>f MMS CffU fw WA ZFZW2102 64 - A- - 88-B 64 - A- B BRRIRID ERBOfcII �IlRj, LC BRBI"F' FOA GROUP, LC COUM►MH3EI'mc AILINE &ID AINWMELINE 6283 S IfIKHl9#B m 6183 S 18� M MUMCRDFHI A 2 KW. M�IE HMA/A 22ZW2102 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 p6965 @AM3A%f S A113AV-0 E)-008- I• W0:)-AA9Ae-MMM ®696S 3.LVIdIN31 @AjaAv asn 6ul}ulad awd of pnwS pue Luer COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 27, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 911-05 FOR CARP ERS VALLEY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 10, 2005, at 5:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 411-05 of Carpers Valley, submitted by Patton Harris Rust & Associates, PC, to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Planned 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, on the north side of the Airport, in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, 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.frederick.va.us. Sincerely, r Michael T. Ruddy Deputy Planning Director MRT/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 p — from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 80-J GLAIZE & BRO, LC 64 . A• - 82- ATTN: RE RACER TJOUMAS, CONSTANCE L ETALS PO BOX 2598 CIO GREGORY COVERSTONE WINCHESTER, VA 22604.1790 334 HIGH BANKS RD STEPHENSON,VA 22656.2008 64 A 80 O ti BLUE RIDGE INDUSTRIES Patton Harris Rust Associates, PC PO BOX 1847 Attu: Charles Maddox WINCHESTER, VA 22604.8347 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 f\?it-, 64 - A- - 83- DICK, RICHARD G & DONNA C 1600 MILLWOOD PIKE WINCHESTER, VA 22602.4377 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER,VA 64 - A- - 79- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. STATE OF VIRGINIA 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602 64 - A- - 80-L R & G WAREHOUSE, LLC N� 119 ARBOR CT ti WINCHESTFR VA rzn,) 64 -A- - 81-A WINCHESTER INDUSTRIAL PARK, LLC 1936 MILLWOOD PIKE 22602.4377 WINCHESTER, VA 22602.4558 22602.4517 Michael T. Ruddy, Deputy Plaiuling D- rector Frederick County Planning DepartmZnt COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do 14 certify tha > ichay' uddy, Deputy Planning Director for the Department of Planning an Development, whose name is signed to the foregoing, dated --� 172_, 7 / -C— , has personally appeared before me and acknowledged the same in my State dnd County aforesaic Given under my hand this My commission expires of 64 - A- - 134- LONG, RAYMOND & TANYA C 718 CHELSEA DR WINCHESTER, VA 22601.6379 64 - A- - 132- RUFFNER, TERRY W & LOIS J 112 SULPHUR SPRING RD WINCHESTER, VA 22602.6535 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER, VA 22602.456'I 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MD 21740.1732 64 - A- - 122- TRUSTEES OF THE JAMES PEYTON DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4328 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2. 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1. 15- LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 14- FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22.602.4319 64A - 7. 1. 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7- 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7. 1. 4- HARTLEY, DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A ' 2 KAKN�OHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 64A - A- - 12- SEMPELES, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 13. WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 21740.6032 64 - A- - 84- HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 22603.4224 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3- BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655.0807 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 6, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-05 FOR CARPERS VALLEY On behalf of the Frederick County Plarming Commission, you are hereby notified of a public hearing being held on Wednesday, July 20, 2005, 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: Rezoning 911-05 of Carpers Valley, submitted by Patton Harris Rust & Associates, PC, to rezone 281.5 acres from RA (Rural Areas) District to R4 (Residential Plarmed 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, on the north side of the Airport, in the Shawnee Magisterial District, and is identified by Property Identification Numbers (PINS) 64-A-82, 64-A-83, 64-A-83A, 64-A-86, 64-A-87, 64-A-87A. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Iandley Library and the Bowman Library the week of the hearing, 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.frederick.va.us. SintR.Lawrence Eri Planning Director ERL/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- - 82- TJOUMAS, CONSTANCE L ETALS CIO GREGORY COVERSTONE Q11V 334 HIGH BANKS RD STEPHENSON,VA 22656.2008 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 64 - A- - 83-A JGR THREE, LLC ETALS CIO RICHARD G DICK 1600 MILLWOOD PIKE WINCHESTER, VA 64 - A- - 79- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 64 - A- - 80-J GLAIZE & BRO, LC ATTN: RE RACER PO BOX 2598 WINCHESTER, VA 64 - A- - 80.0 BLUE RIDGE INDUSTRIES PO BOX 1847 WINCHESTER,VA 22602.4377 22602.4517 22604-1790 22604.8347 COUNTY OF FREDERICK 64 - A- - 80-K MAIN OF WINCHESTER, LLC 1936 MILLWOOD PIKE WINCHESTER, VA 22602 64 - A- - 80-L R & G WAREHOUSE, LLC 119 ARBOR CT WINCHESTER, VA 22602 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 #-yetfE�s Eric R. Lawrence, Planning Director Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC VE_C- 64 - A- - 132- RUFFNER, TERRY W & LOIS J . 112 SULPHUR SPRING RD WINCHESTER, VA 22602.6535 64 - A- - 124- PERRY ENGINEERING CO INC 1945 MILLWOOD PIKE WINCHESTER, VA 22602.4561 64 - A- - 124-A POTOMAC EDISON COMPANY 10435 DOWNSVILLE PIKE HAGERSTOWN, MD 21740.1732 64 - A- - 122- TRUSTEES OF THE JAM1`3 PEYTOIN DARLINGTON TRUST 1543 MILLWOOD PIKE WINCHESTER, VA :2602.4328 64 - A- - 116- FISHER, LLOYD EST. CIO MARY E. WASHINGTON 813 N 18TH ST HARRISBURG, PA. 17103.1508 64G - 2. 1. 52-A RAVENWING HOMEOWNERS ASSOCIATION PO BOX 888 WINCHESTER, VA 22604.0888 64A - 7. 1- 15. LOY, DAVID W 1441 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1- 14- FRAZIER, ROBERT A 1427 MILLWOOD PIKE WINCHESTER, VA 22602.4319 64A - 7. 1. 12-A LAMBERT, GEORGE G & KELSA R 1411 MILLWOOD PIKE WINCHESTER, VA. 22602.4319 64A - 7. 1. 8- COOK, JUDY BELLE CIO RODGERS, JUDY B 178 GRANDVIEW LN CLEARBROOK, VA. 22624.1437 64A - 7. 1. 4. HARTLEY, DOUGLAS ALLEN 100 STANLEY DR WINCHESTER, VA 22602.7334 64A - 7. 1. 2- KAKNIS, JOHN H & CHRISTOPHER BROOKS CIO JOHN G KAKNIS 730 N HAYFIELD RD WINCHESTER, VA. 22603.3429 64A 12- " SEM_,S, HELEN J TRUSTEE 107 ROSZEL RD WINCHESTER, VA 22601.3831 64A - A- - 13. WINCHESTER OUTDOOR 355 S POTOMAC ST HAGERSTOWN, MD. 21740.6032 64 - A- - 84. HOCKMAN, MARY K 104 OAK SIDE LN WINCHESTER, VA 22603.4224 64 - A- - 89-A MARLOW INVESTMENTS, LC 707 N COMMERCE AVE FRONT ROYAL, VA 22630.3419 64 -10- - 3. BARRETT-PERRY, KAREN B ETALS PO BOX 807 STEPHENS CITY, VA 22655.0807 64 - A- - 89-B PRINCE FREDERICK GROUP, LC CIO JAMES L MCILVAINE, JR 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 0 0 This is to certify that the attached correspondence was mailed to the following on 11' 0S from the Department of Planning and Development, Frederick County, Virginia: Erid'R. Lawrence, Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, � 10- '5 ae7��. .' a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated -?(0 1 oS , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of T -2- o O My commission expires on I al 31 0 B I �) 0'01 . NOTARY PUBLIC Document Approval Form jUN 2 4 2M5 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 Candice Bernie Mark Susan Eric Mike Kevin John Received by Clerical Staff (Date & Time): Vr!) o t,