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HomeMy WebLinkAbout021-06 Willow Run - RA to R4 359.97 Acres - Shawnee - BackfileE r RECEIVED FROMrt, ADDRESS ,J i DATE !1!!'�f�%^�' NO.� +pc. l n( Vv'V.Q � vZtr1. "�y_� DOLLARS FOR ll. + � 1} I _ , LL b;-;,, ' fy,. cl AMT OF ACCOUNT I CASH AMT PAID j ;, , CHECK RADUECE I DRDER BY �1, �2 Z t ��_?• . OkEZO-NING TRACKING SET DATE � k :> Fee 8� Sign Dsi epot Application Form r/ r Deed��s�" • Pro77777 ffer S#atcrnent Plaf/Survey777,771 77 r`� r fr%pact Ana�ysas r'axes Paid Statement 5 +.� 4 r zi F Ad�oii:er Lost r ; 4` a31 �mpac IytodeNyRut�� t J-k r a Application received/file opened Reference manual updated/number assigned h) 6 D-base updated rf 10(o Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing C0Z__VP -Gn 4"blaek-and-wh to location map ordered from Mapping �aZ 050(Q � file given to office manager to update Application Action Summary PC public hearing date ACTION: ��', �?/)� �� • (' X �) �� BOS public hearing date ACTION: LVl ?V' Signed -copy -of resolution--for-amendment-of ordinance, 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.) i i ` G Action letter mailed to applicant 7 % t) "r Reference manual and D-base updated ZQk/File given to office manager to update Application Action Summary (final action) p File given to Mapping/GIS to update zoning map Zoning map amended U:\Carol\Commonvracking.re Revised: 05/09/02 CK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 19, 2007 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: APPROVAL OF REZONING #21-06, WILLOW RUN, AND MASTER DEVELOPMENT PLAN 915-06 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 28, 2007. The above -referenced rezoning application was approved to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers dated February 12, 2007, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merrimans Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-A- 94, 53-3-A and 63-A-2A. The February 12, 2007 proffer statement that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Master Development Plan #15-06, a proffered condition of the rezoning application, was also approved. This Master Development Plan identifies the layout, design, and details of the project. The rezoning application and Master Development Plan #15-06 were approved with seven modifications as enabled by the R4 zoning classification: • Modification 41 - §165-68 Master Development Plan • Modification #2 - § 165-69 Permitted Uses • Modification 43 - § 165-71 Mixture of Housing Unit Types Required • Modification #4 - § 165-72D Commercial and Industrial Areas • Modification #5 - § 165-72G Buffers and Screening • Modification #6 - § 165-721 Road Access • Modification #7 - § 165-72B Dimensional Requirements. The modifications are detailed in the proffered Community Design Modification Document dated February 12, 2007. 107 North Dent Street, Suite 202 a Winchester, Virginia 22601-5000 Evan Wyatt Re: Rezoning and Master Development Plan, Willow Run March 19, 2007 Page 2 Attached is a copy of the adopted proffer statement for your records. Also attached is the final Master Development Plan for Willow Run (MDP #15-06). Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application or the approval of Master Development Plan #15-06. We look forward to working with you and the Willow Run team as the project moves forward. Sincerely, Susan K. Eddy Senior Planner Candice E. Perkins Planner Il SKE/CEP/bad Attaclunent cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Greystone Properties, LLC, 2055 Valley Ave., Winchester, VA 22601 Miller and Smith at Willow Run, LLC, 480 W. Jubal Early Dr., Ste. 330, Winchester, VA 22601 Willow Grove, LC, 720 S. Braddock St., Winchester, VA 22601 740, LLC, PO Box 87, Winchester, VA 22604 750, LLC, 720 S. Braddock St., Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Susan K. Eddy, AICP, Senior Planner Sw� RE: Willow Run Rezoning and Master Development Plan DATE: February 20, 2007 Attached to this memo you will find the staff reports for the rezoning of Willow Run (REZ #21-06) and the Master Development Plan for Willow Run (MDP #15-06). The applicant is seeking a rezoning to the R4 (Residential Plamled Community) District. An R4 rezoning requires that the MDP be included as a proffered condition. A number of decisions by the Board of Supervisors are sought with these applications. 1. Action on the seven modifications to the R4 District sought by the applicant with the rezoning (decisions made individually or as one vote): • Modification # 1 - § 165-68 Master Development Plan (see page 16 of the rezoning staff report) The PC recommended approval; • Modification #2 - § 165-69 Permitted Uses (see page 16 of the rezoning staff report) The PC recommended approval; • Modification #3 - § 165-71 Mixture of Housing Unit Types Required (see page 17 of the rezoning staff report) The PC recommended approval; • Modification #4 - § 165-72D Commercial and Industrial Areas (see page 17 of the rezoning staff report) The PC recommended approval; • Modification #5 - § 165-72G Buffers and Screening (see page 17 of the rezoning staff report) The PC recommended approval; • Modification #6 - § 165-72I Road Access (see page 18 of the rezoning staff report) The PC recommended approval; • Modification #7 - § 165-72B Dimensional Requirements (see page 18 of the rezoning staff report) The PC recommended approval. 1 107 North Dent Street, Suite 202 - Winchester, Virginia 22601-5000 i 2. Action is needed on the alternative buffer and screening plans requested by the applicant with the MDP as allowed in § 165-72G(2) of the R4 Zoning District regulations. The applicant has requested the following buffer alternatives: • Buffer B — Zoning District Buffer (see page 7 of the MPD staff report), The PC recommended approval; • Buffer C — Zoning District Buffer (see page 7 of the MPD staff report), The PC recommended approval; • Buffer D — Zoning District Buffer (see pages 7-8 of the MPD staff report), The PC recommended approval. 3. Action on the rezoning, which includes the MDP as a proffered condition. (The PC recommended approval.) Please contact me if you have any questions on the content or procedures described in this memo. SKE/bad 2 REZONING APPLICATION #21-06 WILLOW RUN Staff Report for the Board of Supervisors Prepared: February 20, 2007 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 12/19/06 Planning Commission: 02/07/07 Board of Supervisors: 02/28/07 Action Staff Application Briefing — No Action Recommended Approval Pending PROPOSAL: To rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers. LOCATION: The property is located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North South: East: West RP (Residential Performance) City of Winchester RA (Rural Areas) RP (Residential Performance) City of Winchester RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential 0 0 Rezoning #21-06 — Willow Run February 20, 2007 Page 2 PROPOSED USE: Residential and commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 621 and 37. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Willow Run Traditional Neighborhood Development rezoning application dated October 24, 2006, received by email October 31, 2006 at 1:23 pm, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: In addition to the rezoning application and master development plan, we reviewed the environmental site assessments for the White and Marshall properties and the wetland delineation study. Based on the review of these documents, we offer the following comments: 1. Refer to Impact Analysis, page 5, Soil Types: The narrative indicates that the applicant plans to conduct a geotechnical analysis throughout the development of the Willow Run Community for road construction, utility installation and within any areas where karst features are present. We applaud this course of action and suggest that it be expanded to include the stormwater retention pond. Also, we suggest that the geotechnical analysis include geophysical methods to expand the subsurface evaluations and delineate any potential cavities and/or sinkholes. The results of the geotechnical analysis shall be submitted with the subdivision design phase. 2. Refer to Impact Analysis, page 11, Drainage: The discussion indicates that a stormwater retention structure will be designed and constructed in the central portion of the development. Considering the karst nature of the underlying geology, the design of this man-made lake/retention pond will, most probably, require an impervious liner to ensure long term stability and prevent seepage. The design of the retention pond shall include the preparation of an operation and maintenance manual that can be implemented by the HOA. This manual shall be included with the design calculations for the retention pond at the time of the subdivision design submission. 3. Refer to the Impact Analysis, Environmental Features Exhibit: This exhibit shall be amended to include all of the karst features referenced in the Environmental Site Assessments (ESA) prepared by ECS for the White and Marshall properties. These features shall also be added to sheet four (4) of eleven (11) of the master development plan. For your information, I have enclosed a copy of an article recently published by the Winchester Star which is related to the development of a sinkhole along Route 37. This article highlights what can happen within a karst geology. Also, note the location relative to the proposed development of Willow Run. The importance of a detailed geotechnical study cannot be over emphasized for the Willow Run Development. 4. Refer to the ESA for the Marshall property: The summary conclusions included in this report highlighted the presence of hazardous waste 0 1* Rezoning #21-06 — Willow Run February 20, 2007 Page 3 in the forms of pesticides and petroleum products and contaminated soils. These conclusions recommended remediating these items using proper methods. We request that documentation verifying the proper disposal of these hazardous wastes and contaminated soils be provided to this office prior to issuing the first land disturbance permit. A note to this effect shall be included in the subdivision design documents. Sanitation Authority: No comment. Frederick -Winchester Service Authority: Considering expansion to be completed by 2009 at Parkins Mill, adequate capacity should be allowable for development. Department of Parks & Recreation: Plan appears to provide for required open space; however, no calculations for required or usable open space have been provided. The residents of the age -restricted housing units will undoubtedly spend time outside of the development and have an impact on the recreational services provided by the county. Therefore, staff believes a monetary proffer for these units would be appropriate. Plan appears to provide for the required recreational units; however, specific requirements have not been stated in the plan. To ensure a connection to Cedar Creek Grade, the Transportation Enhancements should offer an area for a 10' wide asphalt bicycle/pedestrian trail along Willow Run to Cedar Creek Grade. In additional to providing the Proffer Model, staff recommends the Proffer Statement include a list of proposed monetary proffers by agency. If this project includes the planning for or construction of a new interchange at Route 37, the proposed Transportation Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over Route 37 at this location. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 1,515 single family detached and attached homes and 416 apartments will yield in two phases 304 high school students, 262 middle school students and 720 elementary school students for a total of 1,286 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or 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: The proposed site does lie within airspace of the Winchester Regional Airport and is in close proximity to the approach path for Runway 14/32. Residential occupants should be forewarned that they might experience noise from over flights of aircraft departing to and from the Winchester Regional Airport. Frederick County Attorney: Please see attached letters dated October 23, 2006 and January 23, 2007 from Robert T. Mitchell, Jr., County Attorney. Historic Resources Advisory Board: The Rural Landmarks Survey port for Frederick County identifies the 740 House (Willow Grove #34-89), the 750 House (Baker, Jacob House #34-90) and the Penbrook-Cove Farm (04-1236) as being on the property. It is the intent of the applicant to rezone this Rezoning 421-06 — Willow Run February 20, 2007 Page 4 property to the R4 (Residential Planned Community) Zoning District. The HRAB expressed concern that the 740 and 750 Houses on the property might be removed. While the current owner does not intend to demolish the structures at this time, future owners' intentions are unknown. Information from the Virginia Department of Historic Resources (VDHR) file states that the VDHR State Review Board determined that the Baker, Jacob House (750 House) is eligible for the Virginia Landmarks Register and the State and National Register of Historic Places. The HRAB recommends approval of the project so long as the following be considered to mitigate impacts on the historic resources: The applicant stated that a Phase I archeological survey had been done on the site around the Penbrook-Cove farm complex, but the foundation of the burned house had not been located. A more detailed study should be conducted should be conducted to locate the foundation of the house that burned down at this complex, as well as additional studies around the foundations of the existing buildings. A Phase I environmental study should be conducted on the site (followed by further studies if warranted — Phase I1 archeological/environmental) before construction on the site begins. The applicant should utilize the Virginia Department of Historic Resources to determine additional areas of interest for archeological studies. The property owners should consider preserving the 750 and 740 houses; these houses are landmarks on the site and should have permanent protection through the rezoning proffers. The HRAB felt that the residential designation encompassing the 750 and 740 houses was inappropriate, as well as the adjoining commercial use, and requested that viewshed preservation measures be taken into consideration. As stated previously, the 750 house (Baker, Jacob House) is eligible for the State and National Registries because of its architecture. The property owners should pursue placing the 750 house on the State and National Registries. In lieu of this same comment from last year's meeting, the HRAB also felt that the 750 and 740 houses should be placed into conservation easements. Staff will provide the property owner with conservation easement opportunity information. The HRAB requested that archeological proffers be provided within the rezoning proposal to help further mitigate impacts on the historical properties within the rezoning. Shenandoah Valley Battlefields Foundation: This property is part of the Willow Run Mixed Use Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields Foundation receives from Congress may not be used to purchase land on the First Winchester Battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic District, hence we are not able to use our appropriated funds to purchase land there.) Because of this, the Battlefields Foundation does not fund for the property in question nor has it had plans to acquire this land. While we do not like to see any battlefield land compromised, given the lack of context and the relatively small size of this fragment of First Winchester, the Battlefields Foundation would not pursue other funding sources for land acquisition. We hope that if the development project proceeds and Jubal Early Drive is extended as planned, that due consideration be given to both the historic and environmental issues on the property. City of Winchester: Reference Final Subdivision Approval for the construction of W. Jubal Early Drive zoned Planned Commercial, PC District and High Density Residential with Planned Unit Development Overlay, HR (PUD) District. City Council approved the request subject to the following conditions: 1. Working with Winchester &Western Railroad for an at -grade rail crossing as depicted on the plan and profile drawings. 2. Staff review and approval of the plans and plats, including securing approval for disturbance in the City's floodplain. 3. Satisfactory negations of provisions for Fire and Rescue services from the City of Winchester. 4. Developer contributing funds to offset the costs to City Rezoning #21-06 — Willow Run February 20, 2007 Page 5 intersections prior to opening the extended roadway into the County. The fourth condition is understood to be accomplished as stated in the September 26, 2006 version of the Transportation Enhancement Proffer #13 which calls for a monetary contribution totaling $100,000 to the City. Frederick County Transportation Committee: This serves to confirm that on August 28, 2006 you presented the internal street design of the Willow Run project to the Frederick County Transportation Committee. Included in your presentation was a description and explanation of the four street design exceptions of which you are seeking approval from VDOT. Those exceptions and number of occurrences as you presented at the meeting areas follows: 1. Intersection Spacing —Nine occurrences with all but two of them taking place in the age -restricted enclave portion of the development, and the remaining two are located on Willow Run Drive. 2. Cul-de-sac Radius — Three occurrences. 3. Pavement Width — Two segments of connector road between Jubal Early Dr. and Cedar Creek Grade. 4. Centerline Radius — Three occurrences with two of them located in the age -restricted enclave portion of the development, and the remaining one located on a non -major roadway. After your presentation, there was a significant amount of discussion within which members of the Committee pointed out that this `neo-traditional' style of development, as is being pursued with Willow Run, is what the Urban Development Area (UDA) Study Committee has been moving toward in their efforts. The Committee voted unanimously to "endorse the concept" that you are promoting with the design of the development. PlanninI4 Department: Please see attached letter dated November 9, 2006 from Susan K. Eddy, Senior Planner. Planning & ZoninjZ: 1) Site History The original Frederick County zoning reap (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 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. A rezoning application (#16-05) for this site was submitted on November 14, 2005. That application did not receive action and has been replaced by this application (#21-06). 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Rezoning #21-06 — Willow Run February 20, 2007 Page 6 Land Use The subject parcels are within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The subject properties are within the area covered by the Western Jubal Early Land Use Plan (WJELUP). The predominant land uses envisioned within the WJELUP area are urban and suburban residential uses. The gross residential density should not exceed four dwelling units per acre. The proposed density is 3.86 units per acre. The WJELUP also calls a large commercial concentration along Jubal Early Drive. This application proposes two smaller commercial clusters on Jubal Early Drive. The land uses proposed in this application are generally consistent with the land use proposed in the WJELUP. The WJELUP suggests neighborhood scale commercial development and high end office uses in the commercial areas. Further, it discourages strip commercial development and encourages consolidated entrances. Few details of the commercial component are included in the application, and more attention should be paid to the layout and design of the commercial areas. Most recent commercial rezonings in the County have included proffers associated with design, materials and signage. The pending Urban Development Area (UDA) Study supports Traditional Neighborhood Design (TND). TND elements called for in the UDA study include: a mix and integration of uses, increased density, connectivity, high quality architecture and design, community focal points, a housing mix, walkability, integrated community facilities and enhanced design. The UDA study specifically calls for a new urban center along Jubal Early Drive. Urban centers are envisioned as walkable urban areas with a large commercial core, higher densities, designed around some form of public space or focal point. The applicant has incorporated some TND features in the residential development, but has made less effort to insure traditional neighborhood development in the commercial section. With traditional neighborhood commercial development, streetscape is particularly important, and attention is paid to specific uses, store frontages, traditional signs, public meeting space etc. Also lacking in this application are community focal points, high quality design and the integration of community facilities. Transportation The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the construction of a new interchange at Route 37. (The Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange.) The extension of Jubal Early Drive through this portion of the UDA is envisioned as an urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities. In addition, a major collector road is planned to facilitate traffic movement in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Another critical transportation component of the WJELUP is alternative modes of transportation, such as pedestrian and bicycle facilities, and calls for an interconnected system of multi -purpose trails and sidewalks. Rezoning #21-06 — Willow Run February 20, 2007 Page 7 This application provides for the roads and alternative anodes of transportation called for in the WJELUP. The proffered transportation improvements are detailed below in the analysis of the proffer statement. Community Facilities The adopted WJELUP calls for 25-30 acres for a multi -campus school site in this area. No school site has been included in the Willow Run application. Instead, the applicant has proffered a monetary contribution of $1,000 for each non -age -restricted unit to be designated toward land purchase for a future school site or for school construction. The WJELUP calls for a well defined park and open space system for both active and passive recreation. Central to this open space is the Abrams Creek corridor which should be preserved as a developmentally sensitive area. Neighborhood parks are also sought within the study area. Part of the park network should be an interconnected trail system. This application does provide the Abrams Creek open space, a series of neighborhood parks and integrated trails as sought in the WJELUP. 3) Site Suitability/Environment The National Wetlands Inventory Map identifies two areas of wetlands along the northern and eastern portion of the site. The applicant has prepared a Wetlands Delineation Study for the subject properties. The U.S. Army Corps of Engineers has issued a Jurisdictional Determination Letter establishing the location of all wetlands areas on -site and a wetlands permit has been approved by the U.S. Army Corps of Engineers and the Virginia Department of Environmental Quality. Protected and disturbed wetlands (which include only the area associated with the extension of Jubal Early Drive) are identified on the proffered MDP. The FEMA National Flood Insurance Program (NFLIP) maps identify floodplain areas associated with Abrams Creek. The applicant has prepared a Phase I Environmental Assessment Report and a Wetlands Delineation Report. The proffered MDP delineates the location of the floodplain areas that are based on the results of the Detailed Conditional Letters of Map Revision (CLOMR) study, which has been approved by FEMA, associated with the extension of Jubal Early Drive. Protected and disturbed floodplain areas (which include only the area associated with the extension of Jubal Early Drive) are identified on the proffered MDP. Minor steep slopes exist on the site. Areas of steep slope disturbance are identified on the MDP. A number of areas of mature deciduous trees exist on the subject parcels. These will likely be disturbed during the development of the site. A particularly scenic row of trees, along • 0 Rezoning #21-06 — Willow Run February 20, 2007 Page 8 with a stone wall, exist on Orchard Lane. Consideration should be given to the expressed protection of these features. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that Frederick-Poplimento loams comprise the majority of the subject site, which possesses moderate shrink -swell potential. A band of Carbo silt loam follows the western portion of the site, which possess a high shrink -swell potential. Massanetta loam is located within the floodplain and wetlands areas. Development within the Massanetta loam soils will be limited to the extension of Jubal Early Drive. Karst features are known to exist on the property. Four sinkholes have been identified in the Phase I Environmental Site Assessment Reports submitted by the applicant to the County. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the major karst feature identified on the MDP prior to the issuance of building permits of such lots. The Director of Public Works will be requiring necessary geotechnical analysis at the subdivision design phase. 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application by Patton Harris Rust and Associates (PHR&A) dated June 22, 2006. The TIA analyzed traffic in two phases. Phase 1 (2009) assumed 260 single family detached units and 339 single family attached units. (These 599 residential units are just under the 600 units that trigger the completion of Jubal Early Drive, the completion of the interchange and the realignment of Merrimans Lane.) With Phase 1, Jubal Early Drive is extended west half -way into the site and Birchmont Drive connects Cedar Creek Grade and Jubal Early Drive extended. For Phase 1, all roads within and adjacent to the immediate site function at Level of Service "C" or better given the proffered improvements (see Figure 9a of the TIA). Looking beyond the site, for Phase 1, Level of Service less than "C' will occur at the following intersection (see Figure 9b of the TIA): • Cedar Creek Grade (Route 622) and Route 37 interchange; • Cedar Creek Grade (Route 622) and Harvest Drive; • Cedar Creek Grade (Route 622) and Valley Avenue (Route 11); • Valley Avenue (Route 11) and Jubal Early Drive; • Merrimans Lane (Route 621) and Meadow Branch Avenue; • Northwestern Pike (Route 50) and Route 37 interchange. The TIA for Phase 2, full build -out in 2012, modeled 425 single family detached units, 416 apartments, 490 single family attached units, 108 elderly housing units, 150,000 square feet of office space and 225,000 square feet of retail space. (Staff note: the office and retail Rezoning #21-06 — Willow Run February 20, 2007 Page 9 floorspace is not limited by proffer, and so the TIA does not model the worst -case scenario for traffic.) With Phase 2, Jubal Early Drive, the new interchange and Merrimans Lane are fully constructed. All proffered road improvements are in place. For Phase 2, all roads within and adjacent to the immediate site function at Level of Service "C" or better given the proffered improvements (see Figure 15a of the TIA). Looking beyond the site, for Phase 2, Level of Service less than "C' will occur at the following intersection (see Figure 15b of the TIA): • Merrimans Lane (Route 621) and Cedar Creek Grade (Route 622); • Cedar Creek Grade (Route 622) and Route 37 interchange; • Cedar Creek Grade (Route 622) and Harvest Drive; • Cedar Creek Grade (Route 622) and Valley Avenue (Route 11); • Valley Avenue (Route 11) and Jubal Early Drive; • Amherst Street (Route 50) and Meadow Branch Avenue; • Northwestern Pike (Route 50) and Route 37 interchange. Details of all proffered road improvements are contained in the analysis of the proffer statement. A monetary contribution of $100,000 has been proffered to the City of Winchester to mitigate the impact of this development on intersections in the city. B. Sewer and Water The Willow Run rezoning proposal is estimated to require approximately 418,250 gallons per day of water usage and to generate approximately 330,750 gallons per day of wastewater. The Frederick County Sanitation Authority has agreed to provide public sewer service and public water service to the Willow Run Community. The applicant will be providing a new sewer pump station in the northeastern portion of the property. The applicant will also be providing a new sewer force main that connects the pump station to the FCSA force main at Cedar Creek Grade. Effluent will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA will be providing a water transmission line along Route 37 adjoining Willow Run. This will create a loop system that ties together the water systems to the north with those to the south. C. Historic Resources One building on the property, the Baker, Jacob House (750 House), is eligible for the Virginia Landmarks Register and State and National Register according to the Virginia Department of Historic Resources State Review Board. (Staff Note: Protection of this building is strongly encouraged in the WJELUP.) Two other sites, the 740 House (Willow Grove #34-89) and the Penbrook-Cove Farm (334-1236), are identified in the Rural Landmarks Survey Report. The Historic Resources Advisory Board (HRAB) made a number Rezoning #21-06 — Willow Run February 20, 2007 Page 10 of recommendations concerning this application (see HRAB comments). Based on the HRAB recommendations, the applicant has proffered landscaping along Cedar Creek Grade to minimize impacts to the Homespun property and proffered to conduct a Phase I Archaeological Assessment at the Penbrook Cove farmstead, and display any information found within the age -restricted community center. The applicant has not addressed the HRAB concerns about the Baker, Jacob House (750 House) or the 740 House (Willow Grove). D. Community Facilities 1,390 new housing units, plus a commercial component, will have a significant impact on community facilities in this area. The applicant projected the impacts based the County's old Fiscal Impact Model, (as was done with REZ #16-05). This model projected a fiscal impact of $9,078 per residential unit. The applicant has proffered $9,078 for each non -age -restricted unit, and $2,000 (which excludes money for school facilities) for each age -restricted unit. Staff Note: Applications received after November 30, 2005 are expected to mitigate the impact of development calculated by the county's Development Impact Model. As of September 2006, impacts are projected as $22, 098 for a single-family detached unit, $15, 530 for a townhouse and $8, 739 for a multi family unit. As stated previously, the applicant has not provided the school site identified in the WJELUP. Also of note, on January 18, 2005 the Frederick County School Board passed a resolution calling for 25-30 acres for a multi -campus school site in the WJELUP area. Additionally, § 165-68 of the Zoning Ordinance (R4 Rezoning Procedures) states "Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs". The applicant has proffered a number of recreational facilities, including a community center, an age -restricted community center, an outdoor pool, an extension of the Green Circle, and an internal trail system. All of these will count towards the applicant's County Ordinance required recreational units. A 5-acre site for an aquatic center is being made available to the county in the commercial area. The value of this land will count towards the applicant's required recreational amenities. If the aquatic center site is accepted by the county, the applicant will not be providing an outdoor pool for the Willow Run community. The applicant does not appear to be proffering any recreational amenities that are above and beyond the dollar value that the ordinance requires. 5) Proffer Statement — Dated November 4, 2005 with latest revision February 12, 2007 Rezoning #21-06 — Willow Run February 20, 2007 Page 11 A) Residential Land Use Build -out of the site is limited to 1,390 residential units. Residential building permits are limited to 200 (non -age -restricted) per year, with up to 100 carried forward per year, for an overall maximum of 300 units per year. A residential unit matrix is proffered, limiting the maximum and minimum percentage of each housing type. Single-family detached, single- family attached, multi -family and age restricted residential units are proposed. A double row of evergreens is proffered along Cedar Creek Grade to minimize the impact on the historic Homespun property. A Phase I Archaeological Assessment of the Penbrook Cove farmstead will be conducted, and the results displayed in the age -restricted conunrmity center building. B) Commercial Land Use A commercial center and a neighborhood center are designated along Jubal Early Drive. Following abandonment by VDOT, the applicant will process a rezoning for the right-of-way associated with Merrimans Lane, and this will be incorporated into the commercial area of Willow Run. (Once this abandoned right-of-way is incorporated into the Willow Run commercial center, 10% of the site will be commercial as required in the R4 Zoning District) The applicant will make available to Frederick County, for an aquatic center, a 5-acre site (with the precise location unclear) in the commercial center. The applicant is seeking to receive recreational credit for the value of that land. The floorspace of the aquatic enter will not count towards the 20,000 square feet of guaranteed commercial floorspace. Frederick County has five years to accept the 5-acre site. Staff Note: The WJEL UP clearly calls for a large commercial area. Locating the aquatic center in the commercial area will diminish the commercial floorspace and future tax revenues to the County. Staff would recommend locating the aquatic center adjacent to the commercial center on land currently designated for residential use. The aquatic center could then complement, rather than diminish, the commercial core. Similar construction materials will be used in the commercial development. Construction materials visible from adjacent streets shall be limited to brick, stone, artificial stone, simulated stucco, cementuous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. Business signs will be limited to freestanding monument signs, with a maximum height of 15 feet, and building mounted signs. Staff Note: Neo-traditional developments generally include a commitment to a traditional streetscape by having standards for design, setbacks, uses, entrances and storefronts, and encouraging traditional signs, such as awning signs and projecting signs. 9 • Rezoning #21-06 — Willow Run February 20, 2007 Page 12 No parking lots will be located between the commercial building fronting Jubal Early Drive and Sandyridge Boulevard and those roads. 10,000 square feet of commercial floorspace is proffered prior to the issuance of the 600th residential building permit. An additional 10,000 square feet of commercial floorspace is proffered prior to the issuance of the 1,000th residential building permit. Staff Note: The R4 Zoning District (§165-72M(3) requires a reasonable proportion of the nonresidential uses in all phases of development. This application offers very little proffered commercial floorspace. Full residential build -out (1, 390 units) could occur with only 20, 000 square feet of commercial floorspace. Commercial uses excluded in this development include B3 (Industrial Transition) uses and M1 (Light Industrial) uses not otherwise allowed in the B2 District, gasoline service stations and outdoor gasoline pumps, and individual units larger than 50,000 square feet, except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services, and the aquatic enter. Staff note: This proffer insures that no gas stations or big box stores will be located on this site. As stated previously, staff would also encourage a consideration of store frontages, entrances, signage, etc., to insure a traditional neighborhood development. C) Master Development Plan (MDP) As required with an R4 rezoning, the Master Development Plan (MDP) is proffered. (The staff report for the MDP is attached to this report.) The applicant has identified certain elements of the MDP that are intended to be flexible, such that if the applicant seeks to change these, the MDP will need to be revised, but a new conditional rezoning will not be required. The specific flexible elements are analyzed under Community Design Modifications below. D) Transportation Enhancements 1) The applicant will construct Jubal Early Drive as a four -lane landscaped median section, including the realignment of Meadow Branch Avenue, from the City of Winchester to Route 37. Right-of-way for this road between the City of Winchester and Merrimans Lane will be dedicated before the issuance of the 200t" building permit. 2) Jubal Early Drive, between the City of Winchester and the second intersection identified on the MDP, will be constructed prior to issuance of the 3001h building permit. Rezoning #21-06 — Willow Run February 20, 2007 Page 13 3) Jubal Early Drive, between the second intersection identified on the MDP and the first commercial center intersection identified on the MDP, will be constructed prior to issuance of the 4501h building permit. 4) Jubal Early Drive, between the first commercial center intersection identified on the MDP and the Route 37 northbound on and off ramps, will be constructed prior to issuance of the 600th building permit. 5) The Route 37 northbound and southbound on and off ramps will utilize a roundabout design and the existing bridge structure. Construction of the ramps will commence within 24 months of rezoning approval and will be available for public use within 60 months of rezoning approval or no later than the 600"' building permit, whichever occurs first. Sufficient right-of-way is being provided on the east side of Route 37 to accommodate a two-lane roundabout, should one be needed in the future. 6) Merrimans Lane will be realigned and constructed prior to issuance of the 600t" building permit. 7) Cidermill Lane in the City of Winchester will be extended into the Willow Run development, but barricaded until the interchange ramps are completed. 8) A traffic signal, with pedestrian actualization, will be installed at the intersection of Jubal Early Drive and Meadow Branch Avenue when warranted by VDOT. A traffic signal, with pedestrian actualization, will be installed at the intersection of Jubal Early Drive and Merrimans Lane when warranted by VDOT. A traffic signal will be installed at the intersection of Birchmont Drive and Cedar Creek Grade when warranted by VDOT. 9) Intersection improvements, including turn lanes, will be constructed at the intersection of Birchmont Drive and Cedar Creek Grade (see proffered exhibit) prior to the issuance of the 200"' residential permit. An additional 20 feet of right-of-way will be dedicated along Cedar Creek Grade. Birchmont Drive will include traffic calming measures. Cedar Creek Grade and Jubal Early Drive will be connected via Birchmont Drive and Station Hill Road, prior to the issuance of the 200t" residential permit. 10) A monetary contribution of $100,000 will be made to the City of Winchester to mitigate the impact of this development on intersection in the city. • 0 Rezoning #21-06 — Willow Run February 20, 2006 Page 14 11) All subdivision streets shall be constructed to standards identified on the MDP. Private alleys will be constructed to VDOT vertical sectional standards. One- way alleys will have a minimum of 12 feet of pavement. Two-way alleys will have a minimum of 18 feet of pavement. Staff Note: Construction of the interchange ramps is tied to the 24`h and 60`h month following the rezoning or the 600`h permits whichever occurs first. The realignment of Merriman's Lane will likely be necessary to accommodate the ramps so this improvement is likely linked to the some time f -ame, although this is not specifically profferred. If the development were to cease before the 600'h residential buildingpermit, the following would be in place: right-of-way for all of Jubal Early Drive, the realignment of Meadow Branch Avenue and construction of the residential portion of Jubal Early Drive. Completion of Jubal Early Drive through the commercial area would be the only significant road improvement lacking if construction was to cease before the 600`h building permit. E) Monetary Contributions $9,078 per non -age -restricted dwelling unit is proffered for capital facilities. $2,000 per age - restricted dwelling unit is proffered for capital facilities. Staff Note: As of September 2006, impacts are projected as $22, 098 for a single-family detached unit, $I5, 530 for a townhouse and $8, 739 for a multi family unit. $25,000 will be given to Frederick County for the Round Hill Fire and Rescue Company and $25,000 will be given to the City of Winchester for the Shawnee Fire and Rescue Company. $100 per residential unit, per year, will be paid by the Property Owners Association to the City of Winchester for fire and rescue purposes until the Route 37 interchange southbound ramp is accessible. $1,000 for each non -age -restricted unit will be provided for the purpose of site acquisition for a school. Staff Note: See previous comments concerning the need for a school site in this area. F) Community Recreation A community center, with a minimum of 4,000 square feet (to count towards the active recreational amenity requirement), shall be bonded by the 400t" building permit and constructed prior to the issuance of the 600th building permit. Should the county not acquire the 5-acre site in the commercial area for an aquatic center, then the applicant will provide an outdoor community pool facility prior to the issuance of the 600t" building permit. 0 Rezoning #21-06 — Willow Run February 20, 2007 Page 15 An age -restricted community center, with a minimum of 2,000 square feet (to count towards the active recreational amenity requirement), shall be bonded in conjunction with the first subdivision design plan for the age -restricted community and constructed prior to the issuance of the 60"' age -restricted residential building permit. The Green Circle shall be extended from the City of Winchester to the commercial center. It will be a 10-foot wide asphalt trail. The applicant will also construct a six-foot wide internal trail system. This trail system will be private, but a public access easement will be provided for the sections around the man-made lake and along Sandyridge Boulevard. Both trail systems will count towards the active recreational amenity requirement of this development. Staff Note: Two community centers and the trail systems are proffered unreservedly. However, the applicant is seeking to count the monetary value of the 5-acre aquatic center land towards the development's active recreational requirement. This could impact the on - site recreational units for the future residents of Willow Run. The value of the 5-acre site could be so high as to fulfill the dollar value of required recreational units. The development could be left with minimal on -site recreational facilities. G) Environmental A Developmentally Sensitive Area (DSA), identifying the location of wetlands, is delineated on the MDP. A 50' buffer adjacent to the DSA will be called the Resource Protection Area (RSA). The only disturbance that will be allowed within the DSA and the RPA adjacent to wetlands areas, will be road and utility crossings, and pedestrian and bicycle facility crossing. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the major karst feature identified on the GDP. The development of a landscape plan for the wetlands south of Jubal Early Drive will be prepared. All planting described in that plan will be installed. The Shenandoah University Environmental Studies Department will be allowed access to this area as an outdoor land lab. Commercial site plans and the community center site plans will be designed to implement Best Management Practices (BMP) to promote stormwater quality measures. 6) Community Design Modification Document — February 12, 2007 § 165-720(3) of the Zoning Ordinance allows applicants to the R4 District to alter the requirements of the R4 District with modifications specifically approved by the Board of Supervisors as part of the conditional rezoning. A number of modifications to the R4 Zoning Ordinance are sought by the applicant. These are included in the Community Design Modification Document and highlighted below. (Action on each of these modifications is requested.) Rezoning #21-06 — Willow Run February 20, 2007 Page 16 A) Modification #1 — § 165-68 Master Development Plan (MDP) Under § 165-68 of the Zoning Ordinance, a Master Development Plan (MDP) is required with an R4 rezoning and it is accepted as a proffered condition. §165-13(D) of the Zoning Ordinance requires that any change to a proffered condition requires a new conditional rezoning. This applicant is seeking approval to allow some elements of the MDP to be flexible, such that if changes are sought in the future, revisions to the MDP would be pursued in a manner consistent with all MDP modifications, but a new conditional rezoning would not be required. All of the flexible elements sought are listed on pages 1 & 2 of the Community Design Modification Document and include: • Phasing boundaries and a phasing schedule are not required. • Acreages of environmental features may vaiy, so long as minimum ordinance standards are met. • Acreages in housing type and road right-of-way may be modified. (Staff Note: This does not alter the proffered residential matrix or the proffered road standards.) • The location and type of recreational facility may be modified, provided that an equivalent facility value is provided. (Staff Note: Staff has concerns with this request. See earlier staff comment that the land value of the aquatic center site may provide the majority of the recreational value in this community. Future residents could be left with few recreational facilities, such as tot lots, throughout this development.) • Other than the major collector roads, precise road locations, site entrances, driveways and parking areas may be modified. • The precise location of utility lines maybe modified. • Additional stormwater management facilities may be added. • Road names may be revised. B) Modification #2 — & 165-69 Permitted Uses Under § 165-69 of the Zoning Ordinance, all uses allowed in the RP (Residential Performance) District, B 1 (Neighborhood Business) District, B2 (Business General) District and M1 (Light Industrial) District are allowed in the R4 District. The applicant is seeking to add nine new housing types to the list of allowed uses. The nine housing types are included in a table in the Community Design Modification Document and separate design plans are provided for each. In general, the lots sizes and setbacks are smaller than the standards in the RP District. The maximum building heights are also higher than those in the RP District. Specifically, the maximum height sought for single family detached units, townhouses and condominiums is 50' instead of the RP standards of 35' for single family units and 40' for garden apartments. Staff Note: Small lots with higher building heights are typically a part of traditional neighborhood developments. 0 Rezoning #21-06 — Willow Run February 20, 2007 Page 17 C) Modification 43 — § 165-71 Mixture of Housing Unit Types Required Under § 165-71 of the Zoning Ordinance, in the R4 District, no more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. The applicant is seeking to allow a maximum of 60% of the area designated for residential uses to be used for single family attached and multi -family units. Staff Note: Greater use of single family attached units and multi family units is in general a design feature of planned communities. It also enhances the creation of an urban center in Willow Run as envisioned in the pending UDA study. The applicant will still be bound by the proffered residential unit matrix. D) Modification #4 — § 165-72D Commercial and Industrial Areas Under § 165-72D of the Zoning Ordinance, in an R4 District, a minimum of 10% of the gross area of the project shall be used for business and industrial uses. This equates to 36 acres for this development. The applicant is seeking to allow a minimum of 9% of the gross area of the project to be used for business and industrial uses. The applicant has proffered that once the right-of-way for the existing Merriman's Lane is abandoned by VDOT, a rezoning for that land will be processed so that it can be incorporated into the commercial center at Willow Run. This additional land would bring the site up to the minimum 10% required by ordinance. Staff Note: The applicant is proffering a 5-acre site in the commercial area for an aquatic center. This five acre site, if accepted by the county, would notfunction as commercial land, but rather as institutional land. The commercial core would be eroded and potential tax revenues reduced. While public buildings are an allowed use in the B1, B2, B3 and MI Districts, and would be allowed in the commercial area of Willow Run, in effect, the 10% commercial area would not truly be achieved. To remain consistent with the WJELUP, a large commercial area needs to be maintained. E) Modification #5 — § 165-72G Buffers and Screening § 165-72G of the Zoning Ordinance allows alternative buffers and screening in the R4 District, in place of those called for in § 165-37 (Buffer and Screening Requirements), provided these are shown on the MDP and approved by the Board of Supervisors. The applicant has requested such modifications and these are included on the MDP. Details of the modifications are contained in the staff report for the MDP. The applicant is also seeking to be released from the road efficiency buffer requirement along both sides of Sandyridge Boulevard throughout the residential portion. As Sandyridge Boulevard is designated as a major collector road in the WJELUP, the road efficiency buffer 0 Rezoning #21-06 — Willow Run February 20, 2007 Page 18 called for in § 165-37 of the zoning ordinance includes a full distance buffer of 80 feet or a reduced distance buffer of 50 feet, plus evergreens (and in the case of the reduced distance buffer, a berm). The applicant is seeking a neo-traditional development which includes buildings closer to the street. On the residential portion of Sandyridge Boulevard the applicant will be providing a raised landscaped center median with on -street parking and street trees between the back of the curb and the sidewalk. Staff note: Sandyridge Boulevard has been designed in such a way that if needed in the future it could function as a four -lane road without on -street parking. F) Modification #6 — § 165-72I Road Access § 165-72I of the Zoning Ordinance requires that each R4 District include a complete system of public streets dedicated to the Virginia Department of Transportation. The applicant is seeking to provide public street dedicated to VDOT or private streets and alleys owned and operated by the Willow Run Home Owners Association. The applicant's justification is that traditional Neighborhood Developments are typically served by alley systems. Staff Note: Staff understands the justification for private alleys, but does not understand the need for private streets. G) Modification #7 — § 165-72B Dimensional Requirements § 165-72B of the Zoning Ordinance allows alternative dimensional requirements in the R4 District. The applicant is seeking to modify the dimensional requirements required in the B2 (Business General) District for the commercial areas. They are seeking a minimum front yard setback of 20 feet. (The B2 requirement along major collector roads is 35 feet.) They are also seeking a height limit of 50 feet to accommodate commercial, office and residential land uses above the retail. (The B2 height limit is 35 feet.) Staff Note: The shallow setback and increased height are in keeping with traditional neighborhood design. STAFF CONCLUSIONS FOR THE 02/07/07 PLANNING COMMISSION MEETING: The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan. The applicant is also incorporating some of the neo-traditional recommendations of the UDA study. Notable shortcoming identified by staff includes: • Minimal proffered commercial floorspace; • Few commitments to the layout and design of the commercial areas; • Erosion of the commercial core if an aquatic site is developed; • No school site; 0 0 Rezoning 421-06 — Willow Run February 20, 2007 Page 19 • Use of old Fiscal Impact Model; and • Incomplete road network if residential construction ceases before the 600"' building permit. PLANNING COMMISSION SUMMARY AND ACTION OF 02/07/07: The staff pointed out that several actions were required from the Planning Commission for this rezoning application: An action was required on the requested modifications to the R4 District; an action was required on the applicant's alternative buffer and screening plans; and an action was required on the rezoning application with the proffered master development plan. An additional modification request was added by the applicant to the six originally requested, specifically for reduction of the commercial front yard setback to 20 feet, and a commercial building height limit of 50 feet. The applicant reviewed the phasing programs for building permits and for delivering major road infrastructure; reviewed the provision of a monetary contribution towards a school site at another location; and reviewed the transportation improvements which included: construction of Jubal Early through the property as a four -lane landscaped median section with dedicated right-of-way, the realignment of Meadow Branch Avenue, frontage improvements on Cedar Creek Grade, the connection of Cedar Creek Grade and Jubal Early Drive, the relocation of Merrimans Lane, fully - funded multiple signalization, and construction of both north -bound and south -bound ramps on Route 37. The applicant also discussed the residential and commercial design elements, the recreational amenities, the walkable environment, and other monetary proffers. Eleven persons came forward to speak during the public comment portion of the public hearing; five of those were adjacent property owners in the City of Winchester, five were residents of Frederick County and one was associated with Shenandoah University. Residents of Frederick County voiced concerns about environmental issues, particularly the clear -cutting of mature woodlands and its affect on wildlife, the need to provide wildlife corridors, and the need to remove residential housing within the Resource Protection Area (RPA); protection of the wetlands and maintaining the marsh's natural vegetation; construction of walkways with porous materials to reduce runoff; preservation of natural landscapes and connecting greenways; concern about the provision of a water supply and wastewater treatment; and concern for the protection of existing historic structures and properties. One County resident asked if Birchmont Drive would line up with the Homespun property on Cedar Creek Grade. Residents of the City of Winchester were concerned about the appearance of commercial areas adjacent to their homes, particularly with the view of trash receptacles, night-time lighting, noise, parking, vehicle exhaust, overhead electrical lines, increased amounts of impervious surfaces, and structure heights. City residents wanted to know about the County's setback guidelines and buffer requirements, what the proposed commercial uses would be, and if 24-hour operations would be permitted. The speaker from Shenandoah University acknowledged the efforts to protect the wetlands and to continue the Green Circle, expressed concern about the fragmentation of the Rezoning 421-06 — Willow Run February 20, 2007 Page 20 woodlands, and requested a slight change to proffer I4 on vegetative plantings. Discussion among the Planning Commissioners raised numerous concerns. One view was that the new fiscal impact model should be used to evaluate the project, instead of the old model, because the application had significantly changed since its previous submittal by requesting an R4 rezoning. A concern was raised about the possible reduction of the commercial area, should the County decide to construct the aquatic center at this location and about having the value of the land for the County's five -acre aquatic site count towards the applicant's required recreational amenities. Questions were raised on whether all roads achieved a LOS "C." Questions were raised regarding the potential impacts with the development of the remainder of the WJELUP, particularly with transportation. Members of the Commission were willing to accept the use of the old fiscal impact model because of the substantial transportation improvements, particularly the Jubal Early connection, and the contribution towards the purchase of a school site. Other members were pleased with the project because it incorporated design concepts of neo-traditional development in the UDA envisioned by the study committee and they recognized the applicant's cooperation with various agencies to achieve the design needed to bring the project to fruition. Action — PC Recommended Acceptance of Modifications 91 through #7 • Modification 41 - §165-68 Master Development Plan • Modification #2 - §165-69 Permitted Uses • Modification #3 - §165-71 Mixture of Housing Unit Types Required • Modification 94 - §165-72D Commercial and Industrial Areas • Modification 95 - §165-72G Buffers and Screening • Modification #6 - §165-72I Road Access • Modification 97- §165-72B (20 Feet Building Restriction Line and 50 Feet Building Height) By a majority vote, the Commission recommended the acceptance of all the modifications requested: YES TO ACCEPT MODIFICATIONS): Watt, Manuel, Morris, Oates, Wilmot, Thomas, Ours, Kriz, Triplett, Kerr NO: Light ABSTAIN: Mohn, Unger Action — PC Recommended Acceptance of Alternative Buffer and Screening Plans By a unanimous vote, the Commission recommended the acceptance of the alternative buffer and screening plans as requested by the applicant for proposed MDP #15-06 of Willow Run and as allowed by § 165-72G(2) of the R4 Zoning District regulations. ABSTAIN: Mohn, Unger Rezoning #21-06 — Willow Run February 20, 2007 Page 21 Action — PC Recommended Approval of Rezoninjz 421-06 of Willow Run, includinJ4 MDP 915-06, and all other proffers By a majority vote, the Commission recommended approval of the rezoning and MDP with proffers, as follows: YES Kerr NO: REC. APPROVAL): Watt, Manuel, Morris, Oates, Wilmot, Thomas, Ours, Kriz, Triplett, Light ABSTAIN: Mohn, Unger (Please Note: Commissioners Unger and Mohn abstained from all discussion and all voting.) STAFF CONCLUSIONS FOR THE 02/28/07 BOARD OF SUPERVISORS MEETING: The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan. The applicant is also incorporating some of the neo-traditional recommendations of the UDA study. Issues to be considered by the Board include: • Minimal proffered commercial floorspace; • Few commitments to the layout and design of the commercial areas; • Erosion of the commercial core if an aquatic site is developed; • No school site; • Use of old Fiscal Impact Model; and • Jubal Early Drive not fully constructed in the commercial area if residential construction ceases before the 600"' building permit. Following the required puhlic hearing, a number of decisions regarding this rezoning application by the Board of Supervisors would he appropriate. Decisions are needed on the seven R4 District modifications; decisions are needed on the three buffer waivers for the MDP; and a decision is needed on the rezoning, which includes the proffered MDP. The applicant should he prepared to adequately address all concerns raised by the Board of Supervisors. Frederick County, VA Rezoning REZ # 21 - 06 Application i Willow Run Parcel ID: 53 - A - 90, 91, 92, 92A, / 53 - A - 92B, 94, Location in the County 53 - 3 - A, 63 - A - 2A Map Features Application D Lakes/Ponds Streams 4D Buildings Streets Primary Secondary �. Tertiary �- Winchester Rds AM ;21-Uti PERRY O moo✓ It PIP r_ / 7 �B 4 / �m a VA > I } ♦ c. r.m�n.n u. , loss at�V e IA Dr JOVA PROPERTIES 183.01 ae. 37 t 'I / ,•� Frederick County, VA Rezoning REZ#21-06 Application � kn Willow Run 1' Parcel ID: 53 - A 90, 91, 92, 92A, 53 A - 926, 94, Location in the County 53 - 3 - A, 63 - A - 2A Map Features m Application Zoning 8 Lakes/Ponds B1 (Business, Neighborhood District) �^ Streams B2 (Business, General District) Buildings 4ft B3 (Business, Industrial Transition District) Streets 40 EM (Extractive Manufacturing District) �. Primary 40 HE (Higher Education District) v Secondary M1 (Industrial, Light District) �. Tertiary M2 (Industrial, General District) �. Winchester Rds 'llill' MH1 (Mobile Home Community District) 40 MS (Medical Support District) 40 R4 (Residential, Planned Community District) 4D R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) fi 1111111 I N'in<hrslrr T All t. ���+ 5AVO1, �►� VP OR, • �� �� //1/PIP / t ' a -- rrcuc��a.n %*%JUM.a,y9 VP% Rezoning REZ#21 -06 Application Willow Run Parcel ID: 53 - A 90, 91, 92, 92A, 53 A - 9213, 94, Location in the County 53 - 3 - A, 63 - A - 2A Map Features Q Application Long Range Land Use a Lakes/Ponds Rural Community Center — Streams Residential 411110 Buildings Business Streets 165 Industrial 4%& Primary Institutional Secondary Recreation �. Terciary Historic \ DSA ^�.. WnchesterRds® Mixed -Use ® Planned Unit Development 05-17-2004 11:59ae From-HARRISON i JOHNSTON 5406ST1312 T-682 P.009/016 F-337 C EPRIMANI.5 . QD ROUTE 37 LAND 1 x-�Nc_,.; .;. •. ;. I,• I C'OGNTy E's��. .. ORCHARD' LANE SITE - VICINITY MAP SCALE: 7 "=2000' �APP.'RQ VED , Y SUBDIVISION ADMINISTRATOR �!"' l� J % DATE l'IIRVF TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 707'27'33" 50.00' 93.78, 68.14' 80.62' N 1326'54" E C2 44'12'49" 624.07' 481.58' 253.49' 469.72' N 13-51.77" E C3 14'08'25" 477.47' 117.84' 59.22' 117.54' N 43'01'54" E C4 07'16'20" 477.47' 60.60' 30.34' 60.56' N 53'44'77" E C5 25'03'27' 213.23' 96.97' 49.34' 96.14' S 21'0250" W LINE TABLE LINE BEARING DISTANCE L1 N 1422'45' W 78.76' L2 N 59'10'51" E 709.08' L3 N 26'05'28' E 98.77, L4 N 22'35'76" W 750.77' L5 N 3154'53" E 738.70' L6 N 11'58'27" E 73.79' L7 N 54'02'19" W 20.00' L8 N 572227" E 705.00, L9 S 68 26'13" E 169.25' L IO W 34'04'34" E 97. 74' Lll N 08'01'06' E 1 65.70' SUR VEYOR "S CER TIFICA TE 1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C., [TM-53—A-92] BY DEED DATED 20 SEPTEMBER, 1996, AS RECORDED IN DEED BOOK 869 PAGE 596 IN THE OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA, AND ALL OF THE L ND FONVE D TO MILLER AND SMITH AT WILLOW RUN, L.L.C.[TM-53—A-92A] BY DEED DATEDILw J'Od 2004, AS RECORDED IN INSTRUMENT NUMBER Il SL L P F 2 2 IN THE OFFICELIOF THE CLERK OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA. THE CURRENT ZONING FOR THESE PROPERTIES IS RA. BOUNDARY LINE ADJUSTMENT BE7WE£N THE LANDS OF WILLOW GROVE L.C. TAX MAP 5J—A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 A-52A SHAWNE'E 015TR/CT FF DATE.' 04127104 1 SC,4LE:• N/A I SHEET- i' OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET MNCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL officegmarshondlegge.com ,TH OF 41 2, 0` o. 00119? DRAWN BY: O✓F DWG NAME: 5464-8LA.dwg 06-17-2004 11:580 From-HARRISON i JOHNSTON 54066TI312 T-682 P.010/018 F-337 O OWNER'S CER TIFICA TE Ln E ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C. TM-53-A-92] AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. B Y. � ON BEHALF OF WILLOW GROVE L.C. NOTARY PUBLIC ETA TE OF K " I ) I l{ CITY/COUNTY OF ri r l'�'• it THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON I �I ` / %)` ` BY (DATE) ON BEHALF OF WILLOW GROVE' L.C. - - [- < <� ) ftUBLIC) MY COMMISSION EXPIRES-' "�C(NOTARY OWNER'S CER TIFICA TE' THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH AT WILLOW RUN, L.L.C. ATM-53-A-92A]. AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND Tgp�TEES, II ANY. BY //-. ON BEHALF OF AVLLER fO .SMITH AT WILLOW RUN, L.L.C. NOTARY PUBLIC STATE OF Cl TY/6!ai _ THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON—ilall-1,, 4LL_19Y (DA TE) OAnCW 1e5 F• SrON BEHALF OF MILLER AND SMI TH A T WILL OW RUN, L. L. C. J' t.% A n MY COMMISSION EXPIRES' 3o_Db _ /TARC) i NOTES: 1. NO TITLE REPORT FURNISHED: THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN. 2, BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED JULY 2001 BOUNDARY LINE ADJUSTMENT BETWEEN rHE LANDS OF WILLOW GROVE L.C. TAX MAP 53—A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53—A-92A SHAWNEE DISTRICT GATE.• 04127104 I SCALE.• N/A I SHEET- 2 OF 8 ` Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 - EMAIL of(ice6rnorshandlegge.cam o'wP1,TH OF Yj Or No. 001197 DRAWN BY: DJF DWG NAME: 5464-8LA.dwg 05-17-2004 11:58am From-HARRISON i JOHNSTON� 54066T131Z T-682 P.011/018 F-33T O C7 ' I / I l.n SHEET 3 OF 8 \ SHEET 5 OF 8 c, J I I SHEET 4 OF 8 SHEET 6 OF 8! c" I o I �I I KEYMAP:! �I 0' 400' I 800' GRAPHIC SCALE.- 1 "-400' BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF WILLOW GROVE L.C.'LTH of yl� TAX 4W _0-A-92 o AND % MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 A-92A o las 9G SHAWNEE 0/SMICT FREOERICK COUNTY VIRGINA DATE: 04127104 SCALE.' 1 =400' SHEET' 2A OF 8 �'fA'D sURNSkc Marsh & Legge Land Surveyors, P.L.C. `, 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: OJF T PHONE (540) 667-0468 FAX (540) 567-0469 - EMAIL office&norshondlegge.com DWG NAME: 5464-SLA.divg 05-1T-2004 11:58am From-HARRISON i JOHNSTON • 5406671312 T-682 P.012/ 8 F-337 N co 0' — 200' 400' MERRIMANS' CHASE SUBDIVISION OPEN SPACE INST. II 030007014 RAPHIC SCALE- 1 "-200' ZONED: RP / 462,63 O USE: RESIDENTIAL (OPEN SPACE). 5022" 3 4 o,� 0`� / 934-92A 4.497 ACRES (WEST SIDE OF 0� RTE. 621)-/LA �Oo�'L C_.__��� 2r�" W CMF •� ti \PO M� S 5478',5 �y 5 292�1,13 \�G\ � �UO��, QG `1 ICMF 226. 78' VA. SEC. ROUTE 621 MERRIMAN'S LANE L5 CMS i (VARIABLE WIDTH R/W) CMF - A' > OB 431 PG 203 v % CMF G, ?S�OS2• v / v /•� � \86�. F CMF / CMF ( CM L2 C'4 Q �,_✓� LO o�i a�4i� I I DO O ^m � � O I 1• J Q Q L4 �•� cal �o of �� 53-A-92A \ I 1.4,44 ACRES ORIG. AREA zl I + 139.901 ACRES (EAST SIDE RTE. 621) rn � I + 4.497 ACRES (WEST SIDE RTE. 621) °p 1 145.642 ACRES TOTAL ADJUSTED AREA I.., w I I \ I I I IRF z LEGEND: °' cn yR /IRF-IRON CMF-CONCRETE MONUM ENT FOUND3�A-94 INC. II Ih c+A ROD FOUNDM OB 565 PG 783' 13 DD SEE SHEET 1 OF B FOR " ZONED: RA I� LINE AND CURVE DATA USE: RESIDENTIAL I --- - iv1A T CHL INE: SHEC 1- •-- SEE 4 OF 8 wr, i BOUNDARY LINE ADJUSTMENT BEJWEEN THE LINOS OF WILLOW GROVE L.C. TAX W 53-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 A-92A SNAWNEE D157R/CT DATE.- 04127104 SCALE- 1 `200' SHEET,• 3 OF B 5 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 � FAX (540) 667-0469 - EMAIL office0mor3hcndlegge com ��PLTH OF yr'Q o c� 4o gglass L ge No. 001197 4 DRAWN BY: D✓F DWG NAME: 5464-BLA.dwg 05-17-2004 11:56a From-HARRISON i JONNSTO 5406671312 T-662 P.013� F-33T O i L i yERF6 y D, z I VqC� \ q TFD 53-A-94 o I� MELCO, INC. cri I DB 565 PG 783 ZONED: RA USE: RESIDENTIAL I 1 I--� u, L_ - 1 DENOTES EXISTING VE L-C. �,+ I PROPERTY LINE I WILLOW G3� A is I HEREBY VACATED D8J871 PG 32 I (TYPICAL) ZONED: RA I I USE: 241.55' I AGRICULTURAL I 5 40•31 36' W I 1 I Q�•P'�� z I 1 w I It I 53-A-92A 1.4441*CRES ORIG. AREA I + 139.901 1�ACRES (EAST SIDE RTE. 621) 63-A-1 + 4.4.7I%CRES (WEST SIDE RTE. 621) JOVA PROPERTIES, LLC 145.642 IACKLS TOTAL ADJUSTED AREA I INST. jf 040000377 I ZONED: RA I USE: AGRICULTURAL I� I I II LEGEND: I CMF-CONCRETE MONUMENT FOUND I I IRF-IRON ROD FOUND I - SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: I "=200' 80LINDARY LINE ADJUSTMENT 847W CN THE LANDS OF WILLOW GROVE L.C. TAX MAP 53-A-92 AND � 53-A-91 YSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-92A SHAWNE£ D15TRICT PF DA7E.' 04127104 I SCALE' 1 =200' I SHEET- 4 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER. VIRGINIA 22601 PHONE (54;) 667-0468 - FAX (540) 667-0469 - EMAIL offica tnarshandlegge.cam j,TH OF y � 'JO 01 1*1 as l4we No. 001197 ti9ND 9URVE��� DRAWN BY. OJF DWG NAME: 5464-&A.dw9 05-17-2004 11:5Ban From-HARRISON I JOHNSTON 5406671312 T-662 P.014/016 F-337 J'Orol VA. SEC. ROU TE 621 c�a - o' 4) MERRIMAN S LANE 0 P J0' PRESCRIPTIVE EASEMEN TI �C3 C4 L8 482.631 I C�0 i I h � CoAIM. or I �° I PG 20.E I I N 750 LLC 53-A-92B 1 o 06 978 PG 1141 ZONED: USE: RESIDENAfIAL I cal 1 41 Lp I I DRAINF IELD I �5 Q,34 EASEMENT rgpvE I 56. g3'(T1E _ 60 BR© RN EOEx. Ey.FR� BOA 53—A-92A \ �N sp` �X. 1.444 ACRES ORIG. AREA I+ 139.901 ACRES (EAST SIDE RTE. 621) 75 9 �VrE o + 4.497 ACRES WEST SIDE RTE. E21 \ T6g? 145.642 ACRES f0TAL ADJUSTED AREA �� 9� Sg2 q�• p' 200' 400' II GRAPHIC SCALE. 1 "=200' 1 ;TGyl.l^1F.: MATCHL1NE: c:FF •,:-ItcT OF 3 LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR \ LINE AND CURVE DATA SEE SHEET 6 OF 8 MA iCH 11-k: i t SF•i:.I I BOUNDARY LINE ADJUSTMENT BETWEEN TH£ L4NDS OF WILLOW GROVE L.C. TAX U4P 53A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53—A-924 SHAWNEE DISTRICT DATE�DATE.• 04127104�SCALE. I "=200�SHEE7' 5 OF 81 "=200�SHEET 5 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET ••- WINCHESTER, VIRGINIA 22601 PHONE (54-0) 667-0469 - FAX (540) 667-0469 ^ EMAIL office0morshandlegge.corn T13 OF 0. 0011 �i Np suR�£yQv' DRAWN BY: D✓F DWG NAME: 5464—BL4.dw9 05-17-2004 11:5621 From—HARRISON a< JOHNSTON 54066TI312 T-682 P.015/018 F-33T AM fV I �P P��e �R- 53—A-92A 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 621) 145.842 ACRES TOTAL ADJUSTED AREA ,rl ,j LEGEND: CMF—CONCRETE MONUMENT FOUND IRF—IRON ROD FOUND I SEE SHEET 1 OF 8 FOR I LINE AND CURVE DATA I — 0' 200' 400' BRL•, — ' � I � 100 GRAPHIC SCALE: 1 "=200'� . �' 24p3.40 53—A-91 LLC GRE ST OINSTE,y 03O00246 3 ZONED: RA USE: AGRICULTURAL BOUNDARY LINE ADJUSTMENT BE7WEEN THE LANDS OF -400 WILLOW GROVE L. C. f TAX MAP 53 A-92 O r AND MILLER AND SM/TH AT WILLOW RUN, L.L.0 TAX MAP 53 A-92A SHAWNEE DISTRICT s o 0 011 Ilk FRED£RICK COUNTY VIRGIN14 DATE.04127104 j SCALE 1 `-200' SHEET.- 6 OF 8 r `H SOR Marsh & Legge Land Surveyors, P.L.C. f0 •,�.. 560 NORTH LOUDOUN STREET ^- WINCHESTER, VARGINIA 22601 DRAWN BY: DJF PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL olficeOrnorshondlegge.com DWG NAME: 5464—BLA.dwg 05-17-2004 11:58a From-HARRISON i JOHNSTON• 5406671312 T-681 P.015/018 F-337 • U N c-� VA, SEC. ROU TE 62, MERR/MANS LANE 30' PRESCRIPTIVE EASEMENT I 750 LLC 53-A-92B DB 918 PG 1741 ZONED: RA IUSE: RESIDENTIAL / EXISTING WILLOW GROVE LANE 50' R/W ` 740 LLC 53-A-90 DB 918 PG 7139 ZONED: RA N USE: AGRICULTURAL I \ Q� 1 ` 9�\ \ ES - � •P \ CPA 1 LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA EXISTING WILLOW GROVE LANE Q� 50' R/W & 5�`��1 JPb r 0' 200' 400' GRAPHIC SCALE: 1 "=200' X p• 1 — BOUNDARY LINE ADJUSTMENT BE7W£EN THE (ANDS OF WILLOW GROVE L. C. TAX W 53 A-92 AND \MATCHLINE: S'_-E SHEr1. 8 JF ;i MILLER AND SM/TH AT WILLOW RUN, L.L_C. TAX MAP 53A-924 SHAWNEE DISTRICT IF DATE.• 04127104 I SCALE. 1 =200 I SHEET 7 OF B Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office®rnor3hondlegg"arn 1,TH OF yl r � fo.500i ' C*1 8 to SUR, ,\ 0,N W*44 DRAWN BY: DJF OWG NAME: 5464—BLA.dwg 65-17-2004 11:59a From-HARRISON t JOHNSTON • 5406ST1312 T-662 P.01T/019 F-33T IV 1 1 \ o \ cn I � N ULn cn P. \ A IN I N N y �\ s 1 � 1 V 1 N � 1 1 1 1 1 1 1 I I I �► IN 53-A-92A .444 ACRES ORIG. AREA m + 139.901 ACRES (EAST SIDE RTE. 41) + 497 ACRES WEST SIDE RTE. 6 1 4 .842 ACRES TOTAL ADJ AR N I O v i 53-A-91 GREYSTONE PROPERTIES, LLC I INSTR. 1 030024683 ZONED: RA USE: AGRICULTURAL 1 740 LLC 53-A-90 DB 918 PG 1139 ZONED: RA USE: AGRICULTURAL LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE. 1 "=200' BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF WILLOW GROVE L.C. TAX MAP M3 A-92 AND MILLER AND SMITH AT- WILLOW RUN, L.L.C. TAX MAP 59 A-92A SHAWNEE DISTRICT Wr DATE.• 04127104 I SCALE.- 1"=200' I SHEET- B OF 8 Marsh & Legge Land Suryeyors,P.L.C. 560 NORTH LOUOOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540, 657-0468 - FAX (540) 667-0469 EMAIL a1Bct0morshandlegge.com DRAWN BY: alF DWG NAME: 5464-8L4.dwg Is 0 • 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.. Fee Amount Paid gi Oa Zoning Amendment Number Date Receive l� PC Hearing Date U rJ 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. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) 3. 4. Name: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC Telephone: (540) 662-4185 * Please see attached address and telephone number for each identified owner Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to Property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 0 • • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC 6. A) Current Use of the Property: Agricultural & Residential B) Proposed Use of the Property: Residential & Commercial 7. Adjoining Property: * Please see attached adjoining property owner information tables for Frederick County and the City of Winchester. ID 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): East of Route 37 and Merriman's Lane (Route 621) North of Cedar Creek Grade (Route 622) South and West of the City of Winchester Corporate Limits. 0 0 • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 53-((A))-90, 53- ((A)) 91 53-((A))-92 53-((A))-92A 53-((A))-92B 53-((A))-94 53-((3))-A, 63-((A))-2A Districts Magisterial: Fire Service: Rescue Service: Shawnee Round Hill VFRD Round Hill VFRD High School: Middle School: Elementary School James Wood James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 359.97± RA District R4 District 359.97± 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 homes: Non -Residential Lots: Square Footage of Proposed Uses Office: Retail: Restaurant: Townhome: Mobile Home: Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: * Please note that the Applicants' Proffer Statement limits the total number of residential dwelling units to 1,390 and ensures a housing product mix based on the • Willow Run Residential Unit Matrix Table as provided under Section A(3) of the Proffer. The TIA is based on a commercial development of 375,000 square feet. • Property Owner Information: Greystone Properties, LLC 2055 Valley Avenue Winchester, VA 22601 (540) 722-4101 Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Tax Map Parcels 53-((A))-91 & 63-((A))-2A Tax Map Parcels 53-((A))-91 & 63-((A))-2A Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53-((A))-92 & 53-((A))-94 8401 Greensboro Drive Suite 300 McLean, VA 22102 (703) 821-2500 ext 224 Willow Grove L.C. 720 South Braddock Street • Winchester, VA 22601 (540)667-1710 740 LLC 720 South Braddock Street Winchester, VA 22601 (540)667-1710 750 LLC 720 South Braddock Street Winchester, VA 22601 (540)667-1710 • Tax Map Parcels 53-((3))-A & 53-((A))-92 Tax Map Parcel 53-((A))-90 Tax Map Parcel 53-((A))-92B I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. � `Date: * Please refer to Special Limited Power of Attorney Agreements that have notarized signatures of all property owners that are authorized to sign on behalf of the various LCs and LLC for the Willow Run Rezoning Application and proffered Master Development Plait. Adjoining Property Owners - Frederick County TAX MAP NUMBER OWNER ADDRESS CITY & STATE ZIP ZONING LAND USE DEED BOOK DEED BK. PAGE INSTRUMENT NO. INSTRUMENT YEAR 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 RA 6 933 1412 0 0 53 A 89A EMMONS, ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 RP 2 962 1821 0 0 53 A 89 EMMONS, ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 RA 2 962 1824 0 0 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC & INC PO BOX 3276 WINCHESTER, VA 22604 RP 77 0 11921 2004 53G 1 1 1 CRESPO, RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 19155 2003 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC & INC P 0 BOX 3276 WINCHESTER, VA 22604 RP 77 0 11921 2004 53G 1 1 2 GOLIGHTLY, ROBERT & MARIAN M 100 OKEEFE DR WINCHESTER, VA 22602 RP 2 0 17326 2002 53G 1 1 3 CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER, VA 22602 RP 2 0 9474 2003 53G 1 1 4 MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 25437 2005 53G 1 1 5 MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 22658 2003 53G 1 1 6 SWOGGER, JAMES F & JERI L 820 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 16019 2003 53G 1 1 7 MELLOTT, DONALD E & NANCY K 828 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 14858 2003 53G 1 1 8 CASTILLO, JUAN & CASTILLO, LUZ MARINA 100 HOMER DR WINCHESTER, VA 22602 RP 2 0 7104 2005 53G 14 44 CHASE, EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER, VA 22602 RP 2 0 7779 2004 53G 14 45 STANEART, BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 11808 2004 53G 14 46 HERNANDEZ, EDGAR B & & MARTINEZ, SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 12307 2004 53G 14 47 WIMSATT, WILLIAM LEE & & BRYAN, HEATHER ANN 878 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 14817 2004 53G 14 48 LYNCH, MAURADE ANN 886 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 15854 2004 52 A 313 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 RA 2 933 1412 0 0 52 18 5 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 RA 2 789 788 0 0 52 18 6 TRAPNELL, ANDREW P & JESSICA M 133 PARKINS LN WINCHESTER, VA 22602 RA 2 0 26837 2004 63 A 1 JOVA PROPERTIES, LLC PO BOX 2658 WINCHESTER, VA 22604 RA 6 0' 377 2004 52 18 7 CODELLA, DOMENICO & MARIELA 143 PARKINS LN WINCHESTER, VA 22602 RA 2 899 1795 0 0 52 18 8 ROUSE, JASON & & TALMAGE, DAVINA 118 PARKINS LN WINCHESTER, VA 22602 RA 2 0: 11641 2001 53 A 95 GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602 RA 2 365 298 0 0 53 3 Al GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602 RA 2 365 295 4602 2003 52 205 54 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 RA 2 0 232 2002 63 A 2D BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602 RA 5 0 0 0 63 A 2H TURNER ENTERPRISES, LLC 2971 VALLEY AVE WINCHESTER, VA 22601 RA 2 0 16832 2001 63 A 2K C & W PROPERTIES PO BOX 221 MILLWOOD, VA 22646 RA 2 750 220 0 0 63 92 24A GREYSTONE DEVELOPERS, INC 2055 VALLEY AVENUE WINCHESTER, VA 22601 RP 77 0 19309 2004 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 22604 RA 2 0 28777 2003 Land Use Codes: 2 Single Family Residential Suburban 5 Agricultural/Undeveloped 20.100 Acres 6 A ricultural/Undevelo ed 100+Acres 77 Other i Adj_Prop_Owners_FC.xls 11/20/2006 Source: Frederick County, Va. GIS Department Page 1 of 1 Adjoining Property Owners - City of Winchester TAX MAP NUMBER OWNER ADDRESS CITY & STATE ZIP ZONING LAND USE DEED BOOK DEED BK. PAGE INSTRUMENT NO. INSTRUMENT YEAR 249-01-- 4- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601 HR 1 297 120 0 0 188-04- - 1- SFEIR RAMSEY ET UX & SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER, VA 22601 LR 1 296 1062 0 0 188-06-- 61- CITY OF WINCHESTER SUITE 303 ; 15 NORTH CAMERON STREET WINCHESTER, VA 22601 LR 73 0 4319 2002 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER, VA 22601 B2 1 0 0 2004 229-01-A- 21- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 20- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 19- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 18- IG & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 201511 PUHR I 1 0 1807 2004 229-01-A- 17- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 16- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 249-01-- 2- RACEY LESTER E & RACEY HILDA C 940 CEDAR CREEK GRADE WINCHESTER, VA 22601 ROi 1 247 443 0 0 249-01-- 3- MELCOINC 609 CEDAR CREEK GD WINCHESTER, VA 22601 HR 3 0 2241 2002 249-03--46A- BYRD SHARONM P0BOX 206 BERRYVILLE, VA 22611 HR 1 216 228 0 0 249-03-- 46B- SCHMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601 HR 1 215 294 0 0 249-03- - 47A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA 818 S CHARLES ST BALTIMORE , MD 21230 HR 1 301 1524 0 0 249-03--478- CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601 HR 1 244 1627 0 0 249-03-- 48A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA 818 S CHARLES STREET BALTIMORE , MD 21230 HR 1 301 1259 0 0 249-03--4813- DOLLJOSHUAJ & DOLLJEFFREYL 447 WOODFIELD LN WINCHESTER, VA 22602 HR 1 0 2400 2002 249-03-- 49A- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 2868 2000 249-03-- 49B- COLEMAN PAIGE K & COLEMAN ELAINE J 2095 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 57 2005 229-01-A- 15- WILLIAMS RANDOLPH W & WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON , VA 20158 PUHR 1 0 4385 2004 229-01-A- 14- WILLIAMS RANDOLPH W & WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON , VA 20158 PUHR 1 0 4382 2004 229-01-A- 13- SHAFRAN STEVEN P & SHAFRAN CAROL A 2580 TIMBERCHASE PTE HIGHLANDS RANCH, CO 80126 PUHR 1 0 1722 2005 229-01-A- 12- JUSTICE KARENE & JUSTICE JOSHUA PAUL 517W CORK ST WINCHESTER, VA 22601 PUHR 1 0 1213 2005 229-01-A- 11- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR STE 205 CHANTILLY , VA 20151 PUHR 1 0 2286 2003 229-01-A- 10- JAROTZKY VLADIMIR & JAROTZKY MARIE E 203 SUNSET CIR CROSS JUNCTION, VA 22625 PUHR 1 0 5828 2004 229-01-A- 9- MAXWELLSCOTTJ & LITTELLCANDACEL 746 EAGLE ST WOODSTOCK, VA 226641 PUHR 1 0 4940 2004 230-06-A- 8- LITTELL CANDACE L & MAXWELL SCOTTJ 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601 PUHR 1 0 1985 2004 229-03-- 208- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03--220A- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07-- 202- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03--203- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03-- 204- IOAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER. VA 22601 HR 1 0 1947 2004 229-03-- 205- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03-- 206- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03-- 207- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03-- 212- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 201- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07--200- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07--196- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 857 2005 249-07--197- CHANEY BELINDAK 2059 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1651 2005 249-07-- 198- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1813 2005 249-07- -199- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- -193- HALL CHRISTOPHER E & HALL KAREN E 2075 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1446 2005 249-07--194- HUGHES WILLIAMC 2071 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 708 2005 249-07- -195- SHANK ROBERT J & SHANK SHEILA M 2067 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 855 2005 249-07-- 192- BASNILLO MARKCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 5985 2004 249-07- -191- QASIMYAR MOHAMMED J & QASIMYAR MARY 2083 STONELEIGH DR WINCHESTER, VA 226011 HR 1 1 0 101 2005 249-07- -190- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER, VA 226011 HR 1 0 35 2005 249-07- -189- ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 5934 2004 230-06-A- 8- A CITY OF WINCHESTER 15 NORTH CAMERON STREET WINCHESTER, VA 22601 PUHR 73 0 3436 2002 209-01-- 1- CITY OF WINCHESTER 15 N CAMERON ST WINCHESTER, VA 22601 PULR 4 0 992 2005 188-04-- 2- 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601 LR 1 291 1674 0 0 188-04-- 2- 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601 LR 1 291 1674 0 0 Land Use Codes: 1 Single FamilyResidential Urban 3 Multi -Family Residential 4 Commercial & Industrial 73 Re ional.Local Government 0 Adj_Prop_Owners_Win.xls 11/20/2006 Source: City of Winchester, Va. GIS Department Page 1 of 1 0 • Adjoining Property Owners - Frederick County • 0 • • • TAX MAP NUMBER OWNER ADDRESS CITY & STATE ZIP ZONING LAND USE DEED BOOK DEED BK. PAGE INSTRUMENT NO. INSTRUMENT YEAR 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 RA 6 933 1412 0 0 53 A 89A EMMONS, ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 RP 2 962 1821 0 0 53 A 89 EMMONS, ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 RA 2 962 1824 0 0 53G 11 1A MERRIMANS CHASE HOMEOWNERS ASSOC & INC PO BOX 3276 WINCHESTER, VA 22604 RP 77 0 11921 2004 53G 1 1 1 CRESPO, RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 19155 2003 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC & INC P O BOX 3276 WINCHESTER, VA 22604 RP 77 0 11921 2004 53G 1 1 2 GOLIGHTLY, ROBERT & MARIAN M 100 OKEEFE DR WINCHESTER, VA 22602 RP 2 0 17326 2002 53G 1 1 3 CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER, VA 22602 RP 2 0 9474 2003 53G 1 1 4 MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 25437 2005 53G 1 1 5 MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 22658 2003 53G 1 1 6 SWOGGER, JAMES F & JERI L 820 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 16019 2003 53G 1 1 7 MELLOTT, DONALD E & NANCY K 828 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 14858 2003 53G 1 1 8 CASTILLO, JUAN & CASTILLO, LUZ MARINA 100 HOMER DR WINCHESTER, VA 22602 RP 2 0 7104 2005 53G 14 44 CHASE, EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER, VA 22602 RP 2 0 7779 2004 53G 14 45 STANEART, BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER, VA 226021 RP 2 0 11808 2004 53G 14 46 HERNANDEZ, EDGAR B & & MARTINEZ, SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 12307 2004 53G 14 47 WIMSATT, WILLIAM LEE & & BRYAN, HEATHER ANN 878 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 14817 2004 53G 14 48 LYNCH, MAURADE ANN 886 MERRIMANS LN WINCHESTER, VA 22602 RP 2 0 15854 2004 52 A 313 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 RA 2 933 1412 0 0 52 18 5 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 RA 2 789 788 0 0 52 18 6 TRAPNELL, ANDREW P & JESSICA M 133 PARKINS LN WINCHESTER, VA 226021 RA 2 0 26837 2004 63 A 1 JOVA PROPERTIES, LLC PO BOX 2658 WINCHESTER, VA 22604 RA 6 0 377 2004 52 18 7 CODELLA, DOMENICO & MARIELA 143 PARKINS LN WINCHESTER, VA 22602 RA 2 899 1795 0 0 52 18 8 ROUSE, JASON & & TALMAGE, DAVINA 118 PARKINS LN WINCHESTER, VA 22602 RA 2 0 11641 2001 53 A 95 GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602 RA 2 365 298 0 0 53 3 Al GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602 RA 2 365 295 4602 2003 52 205 54 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 RA 2 0 232 2002 63 A 2D BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602 RA 5 0 0 0 63 A 2H TURNER ENTERPRISES, LLC 2971 VALLEY AVE WINCHESTER, VA 22601 RA 2 0 16832 2001 63 A 2K C & W PROPERTIES PO BOX 221 MILLWOOD, VA 22646 RA 2 750 220 0 0 63 92 24A GREYSTONE DEVELOPERS, INC 2055 VALLEY AVENUE WINCHESTER, VA 22601 RP 77 0 19309 2004 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 22604 RA 2 0 28777 2003 Land Use Codes: 2 Single Family Residential (Suburban) 5 Agricultural/Undeveloped 20-100 Acres 6 A ricultural/Undevelo ed 100+ Acres 77 10ther Adj_Prop_Owners_FC.xls 11/20/2006 Source: Frederick County, Va. GIS Department Page 1 of 1 0 • Adjoining Property Owners - City of Winchester 0 is �J • C7 TAX MAP NUMBER OWNER ADDRESS CITY & STATE ZIP ZONING LAND USE DEED BOOK DEED BK. PAGE INSTRUMENT NO. INSTRUMENT YEAR 249-01- - 4- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601 HR 1 297 120 0 0 188-04- - 1- SFEIR RAMSEY ET UX & SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER, VA 22601 LR 1 296 1062 0 0 188-06- - 61- CITY OF WINCHESTER SUITE 303 ; 15 NORTH CAMERON STREET WINCHESTER, VA 22601 LR 73 0 4319 2002 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER, VA 22601 B2 1 0 0 2004 229-01-A- 21- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 20- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 19- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 18- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 17- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 229-01-A- 16- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , VA 20151 PUHR 1 0 1807 2004 249-01- - 2- RACEY LESTER E & RACEY HILDA C 940 CEDAR CREEK GRADE WINCHESTER, VA 22601 R01 1 247 443 0 0 249-01- - 3- MELCO INC 609 CEDAR CREEK GD WINCHESTER, VA 22601 HR 3 0 2241 2002 249-03- - 46A- BYRD SHARON M P O BOX 206 BERRYVILLE , VA 22611 HR 1 216 228 0 0 249-03- - 4613- SCHMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601 HR 1 215 294 0 0 249-03- - 47A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA 818 S CHARLES ST BALTIMORE , MD 21230 HR 1 301 1524 0 0 249-03- - 4713- CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601 HR 1 244 1627 0 0 249-03- - 48A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA 818 S CHARLES STREET BALTIMORE , MD 21230 HR 1 301 1259 0 0 249-03- - 4813- DOLL JOSHUA J & DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER, VA 22602 HR 1 0 2400 2002 249-03- - 49A- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 2868 2000 249-03- - 496- COLEMAN PAIGE K & COLEMAN ELAINE J 2095 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 57 2005 229-01-A- 15- WILLIAMS RANDOLPH W & WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON , VA 20158 PUHR 1 0 4385 2004 229-01-A- 14- WILLIAMS RANDOLPH W & WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON , VA 20158 PUHR 1 0 4382 2004 229-01-A- 13- SHAFRAN STEVEN P & SHAFRAN CAROL A 2580 TIMBERCHASE PTE HIGHLANDS RANCH, CO 80126 PUHR 1 0 1722 2005 229-01-A- 12- JUSTICE KAREN E & JUSTICE JOSHUA PAUL 517 W CORK ST WINCHESTER, VA 22601 PUHR 1 0 1213 2005 229-01-A- 11- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR STE 205 CHANTILLY , VA 20151 PUHR 1 0 2286 2003 229-01-A- 10- JAROTZKY VLADIMIR & JAROTZKY MARIE E 203 SUNSET CIR CROSS JUNCTION, VA 22625 PUHR 1 0 5828 2004 229-01-A- 9- MAXWELL SCOTT J & LITTELL CANDACE L 746 EAGLE ST WOODSTOCK , VA 22664 PUHR 1 0 4940 2004 230-06-A- 8- LITTELL CANDACE L & MAXWELL SCOTT J 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601 PUHR 1 0 1985 2004 229-03- - 208- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- -220A- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 202- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 203- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 204- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 205- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 206- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 207- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 229-03- - 212- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 201- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 200- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 196- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 857 2005 249-07- - 197- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1851 2005 249-07- - 198- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1813 2005 249-07- - 199- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601 HR 1 0 1947 2004 249-07- - 193- HALL CHRISTOPHER E & HALL KAREN E 2075 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 1446 2005 249-07- -194- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 708 2005 249-07- - 195- SHANK ROBERT J & SHANK SHEILA M 2067 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 855 2005 249-07- - 192- BASNILLO MARKCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 5985 2004 249-07- - 191- QASIMYAR MOHAMMED J & QASIMYAR MARY 2083 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 101 2005 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 35 2005 249-07- - 189- ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER, VA 22601 HR 1 0 5934 2004 230-06-A- 8- A CITY OF WINCHESTER 15 NORTH CAMERON STREET WINCHESTER, VA 22601 PUHR 73 0 3436 2002 209-01- - 1- CITY OF WINCHESTER 15 N CAMERON ST WINCHESTER, VA 22601 PULR 4 0 992 2005 188-04- - 2- 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601 LR 1 291 1674 0 0 188-04- - 2- 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601 LR 1 291 1674 0 0 Land Use Codes: 1 Single Family Residential (Urban) 3 Multi -Family Residential 4 Commercial & Industrial 73 Regional.Local Government Adj_Prop_Owners_Win.xls 11/20/2006 Source: City of Winchester, Va. GIS Department Page 1 of 1 • 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, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Greystone Properties, LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030024683 on Page Instrument No. 040017913 on Page and is described as Parcel: 53 Lot: 91 Block: A Section: Subdivision: Parcel: 63 Lot: 2A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereo I (we) have hereto se my our)and and seal this �) day of it 200L,, Signatures) %/!/''r�C�o / ! , State of Virginia, City/ ounty f C �exi k, To -wit: 1, �}2;S�u. j�1. Kelp , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who sirped to the foregoing instrument and who I (are) known to me, personally app red before me and has acknowledged the same before me in the jurisdiction aforesaid this a day of 4k.' , 2001_o. Notary lJ My Commission ExpiresSNuAbu 30.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, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Miller and Smith at Willow Run, LLC (Phone) (703) 821-2500 ext. 224 (Address) 8401 Greensboro Drive Suite 300, McLean VA 22102 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040008798 on Page Instrument No. 040017302 on Page , and is described as Parcel: 53 Lot: 92A Block: A Section: Subdivision: Parcel: 53 Lot: 94 Block: A Section: Subdivision: _ do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. rtv, In witness thereof, I (weyfiave he4eto set my (our) hand and seal day ofP'' uJ '200C Signatures) b�1'� 1�4iG�ldG��fY�a4i�Getl�lr=i@u_i: d�Lia7�:b..,(.p•3�-j;iY�aII��E`c�d�.�im; �°�e5�1 dllUute�eleft�=�; ���� -State of V it inia, City/County of emu, i To -wit: 2•�i rs& t I, G lcinczt-'af-ba a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of 204. A_(nk Ay Y&t_ ('.�,q) My Commission Expires: t! otary Public • , I �.��i/�L.':L•�c*.31 f� J1�! � �l�'!✓Il.J�fD VY7�iT �1'r'1%!t. _.—�L�j.l[+)t llS`✓!�� ,` illlli 7 0", tillf'if.;14"1i'II;t,?.; Frederick 11-at-i ing Web Sit:' WLVw.colr defick.Vams P.e;]Di??'a331833,1 oI PIn1a11]73G L", IDeV 10pa� naIAt, C013 4A7y 0 f, 11'3°1.de5'i1C1! iyg112 hi, '+D7 .Nma 4.3 l, 20� �r�Ji3a_1Ae�t ��, , ia`,�i➢aii, . i9ID- t`''hon 3 omsin-Ole 540-6&>439 i111A6a➢aisag ofifice, Q olui ty D'i -TI "i'vde3'3•ch V5_�'ga dn, 107 ".i3ealt.05itm' l9 Wiiu'ulestel'7 Via-i➢lin -1V 01 Phone IF-ncshnfle 56-9-665- 39d Know All Men Py'I'hese Presents: lM l (We) (Name) Willow Grove. LC (Phone.) L40) 66'%17lQ (Address) 720 South BradLock Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County or Frederick, Virginia, by Deed. Book No. 869 on Page 596 1_"leed Book No. 871 on Page. 32, and is described as Parcel: 53 Lot: 92 Block: A Section: _ Subdivision: Parcel: 53 Lot: 3 Block: A Section: Subdivision: do hereby snake, constitute and appoint: (Name) Greenway Engineering (Phone) (5'?0 6) 62-4I L5 (Address) 151 Windy—H Lane, Winchester, 3LA 22602 To act as my trite and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: 0 111moning (Inelmling 1:➢roffie7;5) El Conditima➢lal Use Perin-dts Lq Mpster Develops kenk Plaaa (Prelia➢ahmgi'Y mid Fbial) S➢7ibeflAsim i D Site Plan �j Co➢➢alp➢'ehemive Policy Plan Algae➢a_dmei_t. My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: his autliorization shall expire one year from the. day it is signed, or Lentil it is otherwise rescinded or modified. In witness thereof, I (we') have hereto set my (our) hand fprid seal this day of �--- - -- 2K Signatt!re(�)/Z/ / ff 1 State of '-cr ' ia, (may/Cotsr�ty of ; ,), e r���4�1 , -po-merit: l` l�y '? �0 • c r�__, a Notary Public iii and for tlle,lLtrtsdictioil aforesaid, certify that the persons) who signed to the foregoing instrunleiat acid -XVlx} I (are) fmown to me, personally appeared before • me and,l as acknowledged the same before. nee in the jurisdiddOn aforesaid tb.is t-(-lam day of .! & ,20ti�, iAly CoirunissionExpi.res: ��:_�v�^ a Notary Public ROBERT M. POIANI ;_. * *: MY COMMISSION N DD 445166 EXPIRES: August 1, 2009 Bonded ThruNorary Pub1teu ndenvriters Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co,frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540.665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia,107 Kent Street, Winchester, Virginia 22601 Phone 540.665.5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (blame) 740, LLC (Phone) (540) 667-1710 (Address) PO Box 81, Winchester, VA 22604 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 No. 9918 on Page 1139, and is described as Parcel: 53 Lot: 90 Block: A Section: _ Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineerin (Phone) (540) 662-4185 • (Address) I51 WindHitl Lane Winchester VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: X Rezoning (Including proffers) ❑ Conditional Use Permits X Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have, eer to set y (our) h d d.se tis — day of ��, 200 � Signature(s) 2. Stat of Virginia, City/County ofCTo-wit: I,�t►�1 /Yl"'1'i! A a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, perso ally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this , -day of 'cet71 ,t200(,,y 1 . , •„t �� �� n i My Commission Expires: y.0 1 • Notary Public 0 CJ p O'd "InTh, c 'A C u'n-nl cl lic'.( -.-r �f 11 T1 a Njc a adefiei Planning W;�.b Site.: ,,/wv,,.co.fvofki R,vajis, Ft Depmlonanit PE 1107 P-1011,11 r,K'mi sh'.asA, ' iikp, 202 Vinghala MGM phaxw RUB . c si,, vai B 0 ­6 6 +-, - 6 3 9 5 PNnnhip CV11g-.q1fy Df Fnadeykh VIA'p-hiki, 107 Kent D-1--vem,!, Vlhachesikor, Viygipmlm 22,501 tD t' pholle540465-5,651 Know All ivien I ("farwl') IiQ114� (:'boric) (5j0) 667- 17 10 (Adch-ess) 7_30 IvIferrinians Lawt, 'Wmchi�stor. VA 22601 iho, owner(s) to aII those iracts or pflm,-Is of, 1,11.1d ("_"Proparty") coliveyed to me, (w), by deed recorded ill the Clock's Office of the cimlit cotirt of khi> (''otlilly of Fye,&-fickVirginia, b"', Deed Book No. .M9 lit' oll P,-q, _14,1 and is described as i e j lfarcel: 531-ot: 92B 13lock: A Section;.--- Swbdivisiow do hereby make, constitWe and appoint: (Hanle) LTI�CL,- (Phorle,).(540) 662-,!. 185 (Address) 151 Witiciv IBM L-avie, Winche-st-or. VA 22602 To act as my tviieancl lawftil atwrniey- ill- fact for alid ill my (otir) fmille., place and stead With foil lower avid ml, '1101-ityl(we) would have ifacting personally to pile planiiiii,-,,ii)plictti(iii for my Qmmibovedescribed Property, hicitidiviLg: 0 nin FX1 f-Vinde El El S'd-No E _1 I rloficy !*'k S? b4y attorney -ill- faet. shall have the aliffif"rity to offer prof" red co-aditions and io makia arne-admet-ft" to previously al.)proved proffered conditions except as follows; This a(Ethonzafion shall exl.­lire one y0ar firorn the. clay it is signed, or witil it is ottlerwisc, tesoindcd. or n-todif14:A, ,lit vfiinw8 d " i Sllatc of V�ugli.,ia, Of/ 13a"ki-99 To -wit: q v1541)11c h-, wid for (Ile,itirisdiodon aforesaid, cenify "'hai alit; po.rson(s) %vho S4pw:-;d to ific ftx-egohlc;�il.lstrumte'n( and who 1,11omi, to 11),L; p-xsolqally aprx-alred berbre tile and has, aei.no 1: 1 t:,', S ". I no, b f:tfo r 0 vile III e j U r s C) n if cj l. er,�a liF Clay CIE 200. F < Mly ROBERT M. POIANI MY COMMISSION # DID 445166 EXPIRES: August 1, 2009 Bonded Thru Nolary Public Underwdlers TO: FROM: RE: DATE: 9 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 r MEMORANDUM Frederick County Planning Commission Susan K. Eddy, AICP, Senior Planner 1-*5 Willow Run Rezoning and Master Development Plan January 22, 2007 FAX: 540/ 665-6395 Attached to this memo you will find the staff reports for the rezoning of Willow Run (REZ #21-06) and the Master Development Plan for Willow Run (MDP #15-06). The applicant is seeking a rezoning to the R4 (Residential Planned Community) District. An R4 rezoning requires that the MDP be included as a proffered condition. A number of recommendations from the Planning Commission to the Board of Supervisors are sought with these applications. 1. Six separate recommendations on the modifications to the R4 District sought by the applicant with the rezoning: • Modification # 1 - § 165-68 Master Development Plan (see page 15 of the rezoning staff report); • Modification #2 - § 165-69 Permitted Uses (see page 15 of the rezoning staff report); • Modification #3 - § 165-71 Mixture of Housing Unit Types Required (see page 15 of the rezoning staff report); • Modification #4 - § 165-72D Commercial and Industrial Areas (see page 16 of the rezoning staff report); • Modification #5 - § 165-72.G Buffers and Screening (see page 16 of the rezoning staff report); • Modification #6 - § 165-72I Road Access (see page 17 of the rezoning staff report). 2. A recommendation, or separate recommendations, are needed on the alternative buffer and screening plans requested by the applicant with the MDP as allowed in § 165-72G(2) of the R4 Zoning District regulations. The applicant has requested the following buffer alternatives: Buffer B -- Zoning District Buffer (see page 7 of the MPD staff report) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • • Buffer C — Zoning District Buffer (see page 7 of the MPD staff report) • Buffer D — Zoning District Buffer (see pages 7-8 of the MPD staff report) A recommendation on the rezoning, which includes the MDP as a proffered condition. Please contact me if you have any questions on the content or procedures described in this memo. SKB/bad 2 REZONING APPLICATION #21-06 WILLOW RUN Staff Report for the Planning Commission Prepared: January 22, 2006 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 12/19/06 Planning Commission: 02/07/07 Board of Supervisors: 02/28/07 Action Staff Application Briefing — No Action Pending Pending PROPOSAL: To rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District with proffers. LOCATION: The property is located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: South: East: West RP (Residential Performance) City of Winchester RA (Rural Areas) RP (Residential Performance) City of Winchester RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential Rezoning #21-06 — Willow Run January 22, 2006 Page 2 PROPOSED USE: Residential and commercial REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 621 and 37. These routes are the VDOT roadways which have been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Willow Run Traditional Neighborhood Development rezoning application dated October 24, 2006, received by email October 31, 2006 at 1:23 pm, addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to continent on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Public Works Department: In addition to the rezoning application and master development plan, we reviewed the environ nental site assessments for the White and Marshall properties and the wetland delineation study. Based on the review of these documents, we offer the following conunents: 1. Refer to Impact Analysis, page 5, Soil Types: The narrative indicates that the applicant plans to conduct a geotechnical analysis throughout the development of the Willow Run Conmiunity for road construction, utility installation and within any areas where karst features are present. We applaud this course of action and suggest that it be expanded to include the stormwater retention pond. Also, we suggest that the geoteclulical analysis include geophysical methods to expand the subsurface evaluations and delineate any potential cavities and/or sinkholes. The results of the geoteclulical analysis shall be submitted with the subdivision design phase. 2. Refer to Impact Analysis, page 11, Drainage: The discussion indicates that a stormwater retention structure will be designed and constructed in the central portion of the development. Considering the karst nature of the underlying geology, the design of this man-made lake/retention pond will, most probably, require an impervious liner to ensure long term stability and prevent seepage. The design of the retention pond shall include the preparation of an operation and maintenance manual that can be implemented by the HOA. This manual shall be included with the design calculations for the retention pond at the time of the subdivision design submission. 3. Refer to the Impact Analysis, Environmental Features Exhibit: This exhibit shall be amended to include all of the karst features referenced in the Environmental Site Assessments (ESA) prepared by ECS for the White and Marshall properties. These features shall also be added to sheet four (4) of eleven (11) of the master development plan. For your information, I have enclosed a copy of an article recently published by the Winchester Star which is related to the development of a sinkhole along Route 37. This article highlights what can happen within a karst geology. Also, note the location relative to the proposed development of Willow Run. The importance of a detailed geotechnical study cannot be over emphasized for the Willow Run Development. 4. Refer to the ESA for the Marshall property: The summary conclusions included in this report highlighted the presence of hazardous waste Rezoning #21-06 — Willow Run January 22, 2006 Page 3 in the forins of pesticides and petroleum products and contaminated soils. These conclusions reconunended remediating these items using proper methods. We request that documentation verifying the proper disposal of these hazardous wastes and contaminated soils be provided to this office prior to issuing the first land disturbance permit. A note to this effect shall be included in the subdivision design documents. Sanitation Authority: No comment. Frederick -Winchester Service Authority: Considering expansion to be completed by 2009 at Parkins Mill, adequate capacity should be allowable for development. Department of Parks & Recreation: Plan appears to provide for required open space; however, no calculations for required or usable open space have been provided. The residents of the age -restricted housing units will undoubtedly spend time outside of the development and have an impact on the recreational services provided by the county. Therefore, staff believes a monetary proffer for these units would be appropriate. Plan appears to provide for the required recreational units; however, specific requirements have not been stated in the plan. To ensure a connection to Cedar Creek Grade, the Transportation Enhancements should offer an area for a 10' wide asphalt bicycle/pedestrian trail along Willow Run to Cedar Creek Grade. In additional to providing the Proffer Model, staff recommends the Proffer Statement include a list of proposed monetary proffers by agency. If this project includes the planning for or construction of a new interchange at Route 37, the proposed Transportation Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over Route 37 at this location. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 1,515 single family detached and attached homes and 416 apartments will yield in two phases 304 high school students, 262 middle school students and 720 elementary school students for a total of 1,286 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or 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: The proposed site does lie within airspace of the Winchester Regional Airport and is in close proximity to the approach path for Runway 14/32. Residential occupants should be forewarned that they might experience noise from over flights of aircraft departing to and from the Winchester Regional Airport. Frederick County Attorney: Please see attached letters dated October 23, 2006 and January 23, 2007 from Robert T. Mitchell, Jr., County Attorney. Historic Resources Advisory Board: The Rural Landmarks Survey Report for Frederick County identifies the 740 House (Willow Grove #34-89), the 750 House (Baker, Jacob House #34-90) and the Penbrook-Cove Farm (#34-1236) as being on the property. It is the intent of the applicant to rezone this Rezoning #21-06 — Willow Run January 22, 2006 Page 4 property to the R4 (Residential Plaimed Community) Zoning District. The HRAB expressed concern that the 740 and 750 Houses on the property might be removed. While the current owner does not intend to demolish the structures at this time, future owners' intentions are unknown. Information from the Virginia Department of Historic Resources (VDHR) file states that the VDIIR State Review Board determined that the Baker, Jacob House (750 House) is eligible for the Virginia Landmarks Register and the State and National Register of Historic Places. The HRAB recommends approval of the project so long as the following be considered to mitigate impacts on the historic resources: The applicant stated that a Phase I archeological survey had been done on the site around the Penbrook-Cove farm complex, but the foundation of the burned house had not been located. A more detailed study should be conducted should be conducted to locate the foundation of the house that burned down at this complex, as well as additional studies around the foundations of the existing buildings. A Phase I environmental study should be conducted on the site (followed by further studies if warranted — Phase II archeological/environmental) before construction on the site begins. The applicant should utilize the Virginia Department of Historic Resources to deterniine additional areas of interest for archeological studies. The property owners should consider preserving the 750 and 740 houses; these houses are landmarks on the site and should have permanent protection through the rezoning proffers. The HRAB felt that the residential designation encompassing the 750 and 740 houses was inappropriate, as well as the adjoining commercial use, and requested that viewshed preservation measures be taken into consideration. As stated previously, the 750 house (Baker, Jacob House) is eligible for the State and National Registries because of its architecture. The property owners should pursue placing the 750 house on the State and National Registries. In lieu of this same comment from last year's meeting, the HRAB also felt that the 750 and 740 houses should be placed into conservation easements. Staff will provide the property owner with conservation easement opportunity irnformation. The HRAB requested that archeological proffers be provided within the rezoning proposal to help further mitigate impacts on the historical properties within the rezoning. Shenandoah Valley Battlefields Foundation: This property is part of the Willow Run Mixed Use Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields Foundation receives from Congress may not be used to purchase land on the First Winchester Battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic District, hence we are not able to use our appropriated funds to purchase land there.) Because of this, the Battlefields Foundation does not fund for the property in question nor has it had plans to acquire this land. While we do not like to see any battlefield land compromised, given the lack of context and the relatively small size of this fragment of First Winchester, the Battlefields Foundation would not pursue other funding sources for land acquisition. We hope that if the development project proceeds and Jubal Early Drive is extended as planned, that due consideration be given to both the historic and environmental issues on the property. City of Winchester: Reference Final Subdivision Approval for the construction of W. Jubal Early Drive zoned Planned Commercial, PC District and High Density Residential with Planned Unit Development Overlay, HR (PUD) District. City Council approved the request subject to the following conditions: 1. Working with Winchester &Western Railroad for an at -grade rail crossing as depicted on the plan and profile drawings. 2. Staff review and approval of the plans and plats, including securing approval for disturbance in the City's floodplain. 3. Satisfactory negations of provisions for Fire and Rescue services from the City of Winchester. 4. Developer contributing funds to offset the costs to City Rezoning #21-06 — Willow Run January 22, 2006 Page 5 intersections prior to opening the extended roadway into the County. The fourth condition is understood to be accomplished as stated in the September 26, 2006 version of the Transportation Enhancement Proffer #13 which calls for a monetary contribution totaling $100,000 to the City. Frederick County Transportation Committee: This serves to confirm that on August 28, 2006 you presented the internal street design of the Willow Run project to the Frederick County Transportation Committee. Included in your presentation was a description and explanation of the four street design exceptions of which you are seeking approval from VDOT. Those exceptions and number of occurrences as you presented at the meeting areas follows: 1. Intersection Spacing —Nine occurrences with all but two of them taking place in the age -restricted enclave portion of the development, and the remaining two are located on Willow Run Drive. 2. Cul-de-sac Radius — Three occurrences. 3. Pavement Width — Two segments of connector road between Jubal Early Dr. and Cedar Creek Grade. 4. Centerline Radius — Three occurrences with two of them located in the age -restricted enclave portion of the development, and the remaining one located on a non -major roadway. After your presentation, there was a significant amount of discussion within which members of the Committee pointed out that this `neo-traditional' style of development, as is being pursued with Willow Run, is what the Urban Development Area (UDA) Study Committee has been moving toward in their efforts. The Committee voted unanimously to "endorse the concept" that you are promoting with the design of the development. Planning Department: Please see attached letter dated November 9, 2006 from Susan K Eddy, Senior Planner. PlanninjZ & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 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. A rezoning application (#16-05) for this site was submitted on November 14, 2005. That application did not receive action and has been replaced by this application (#21-06). 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living enviromnent 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] Rezoning #21-06 — Willow Run January 22, 2006 Page 6 Land Use The subject parcels are within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The subject properties are within the area covered by the Western Jubal Early Land Use Plan (WJELUP) as adopted by the Board of Supervisors on January 11, 2006. The predominant land uses envisioned within the WJELUP area are urban and suburban residential uses. The gross residential density for residential developments should not exceed four dwelling units per acre. The WJELUP also calls a large commercial concentration along Jubal Early Drive. This application proposes two smaller clusters on Jubal Early Drive. This application is generally consistent with the land use proposed in the WJELUP. The WJELUP suggests neighborhood scale commercial development and high end office uses in the commercial areas. Further, it discourages strip corninercial development and encourages consolidated entrances. Few details of the connnercial component are included in the application, and more attention should be paid to the layout and design of the commercial areas. Most recent commercial rezonings in the County have included proffers associated with design, materials and signage. The pending Urban Development Area (UDA) Study supports Traditional Neighborhood Design (TND). TND elements called for in the UDA study include: a mix and integration of uses, increased density, connectivity, high quality architecture and design, community focal points, a housing mix, walkability, integrated community facilities and erflianced design. The UDA study specifically calls for a new urban center along Jubal Early Drive. Urban centers are envisioned as walkable urban areas with a large commercial core, higher densities, designed around some form of public space or focal point. The applicant has made efforts to incorporate TND features in the residential development, but has made minimal efforts to insure traditional neighborhood development in the commercial section. With traditional neighborhood commercial development, streetscape is particularly important, and attention is paid to specific uses, store frontages, traditional signs, public meeting space etc. Also lacking in this application are community focal points, high quality design and the integration of community facilities. Transportation The WJELUP calls for the extension of Jubal Early Drive as an east/west through road and the construction of anew interchange at Route 37. (The Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange.) The extension of Jubal Early Drive through this portion of the UDA is envisioned as an urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities. In addition, a major collector road is planned to facilitate traffic movement in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Another critical transportation component of the WJELUP is alternative modes of transportation, such as pedestrian and bicycle facilities, and calls for an interconnected system of multi -purpose trails and sidewalks. Rezoning #21-06 — Willow Run January 22, 2006 Page 7 This application provides for the roads and alternative modes of transportation called for in the WJELUP. The proffered transportation improvements are detailed below in the analysis of the proffer statement. Community Facilities The adopted WJELUP calls for 25-30 acres for a multi -campus school site in this area. No school site has been included in the Willow Run application. Instead, the applicant has proffered a monetary contribution of $1,000 for each non -age -restricted unit to be designated toward land purchase for a future school site. The WJELUP calls for a well defined park and open space system for both active and passive recreation. Central to this open space is the Abrams Creek corridor which should be preserved as a developmentally sensitive area. Neighborhood parks are also sought within the study area. Part of the park network should be an interconnected trail system. This application does provide the Abrams Creek open space, a series of neighborhood parks and integrated trails as sought in the WJELUP. 3) Site Suitability/Environment The National Wetlands Inventory Map identifies two areas of wetlands along the northern and eastern portion of the site. The applicant has prepared a Wetlands Delineation Study for the subject properties. The U.S. Army Corps of Engineers has issued a Jurisdictional Determination Letter establishing the location of all wetlands areas on -site and a wetlands permit has been approved by the U.S. Array Corps of Engineers and the Virginia Department of Environmental Quality. Protected and disturbed wetlands (which include only the area associated with the extension of Jubal Early Drive) are identified on the proffered MDP. The FEMA National Flood Insurance Program (NFLIP) maps identify floodplain areas associated with Abrams Creek. The applicant has prepared a Phase I Environmental Assessment Report and a Wetlands Delineation Report. The proffered MDP delineates the location of the floodplain areas that are based on the results of the Detailed Conditional Letters of Map Revision (CLOMR) study, which has been approved by FEMA, associated with the extension of Jubal Early Drive. Protected and disturbed floodplain areas (which include only the area associated with the extension of Jubal Early Drive) are identified on the proffered MDP. Minor steep slopes exist on the site. Areas of steep slope disturbance are identified on the MDP. A number of areas of mature deciduous trees exist on the subject parcels. These will likely be disturbed during the development of the site. A particularly scenic row of trees, along with a stone wall, exist on Orchard Lane. Consideration should be given to the expressed protection of these features. Rezoning 921-06 — Willow Run January 22, 2006 Page 8 The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that Frederick- Poplimento loams comprise the majority of the subject site, which possess moderate shrink - swell potential. A band of Carbo silt loam follows the western portion of the site, which possess a high shrink -swell potential. Massanetta loam is located within the floodplain and wetlands areas. Development within the Massanetta loam soils will be limited to the extension of Jubal Early Drive. Karst features are known to exist on the property. Four sinkholes have been identified in the Phase I Environmental Site Assessment Reports submitted by the applicant to the County. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the major karst feature identified on the MDP prior to the issuance of building permits of such lots. The Director of Public Works will be requiring necessary geoteclulical analysis at the subdivision design phase. 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application by Patton Harris Rust and Associates (PHR&A) dated June 22, 2006. The TIA analyzed traffic in two phases. Phase 1 (2009) assumed 260 single family detached units and 339 single family attached units. (These 599 residential units are just under the 600 units that trigger the completion of Jubal Early Drive, the completion of the interchange and the realigmnent of Merrimans Lane.) With Phase 1, Jubal Early Drive is extended west half -way into the site and Birclunont Drive connects Cedar Creek Grade and Jubal Early Drive extended. For Phase 1, all roads within and adjacent to the inunediate site function at Level of Service "C" or better given the proffered improvements (see Figure 9a of the TIA). Looking beyond the site, for Phase 1, Level of Service less than "C' will occur at the following intersection (see Figure 9b of the TIA): • Cedar Creek Grade (Route 622) and Route 37 interchange; • Cedar Creek Grade (Route 622) and Harvest Drive; • Cedar Creek Grade (Route 622) and Valley Avenue (Route 11); • Valley Avenue (Route 11) and Jubal Early Drive; • Merrimans Lane (Route 621) and Meadow Branch Avenue; • Northwestern Pike (Route 50) and Route 37 interchange. The TIA for Phase 2, full build -out in 2012, modeled 425 single family detached units, 416 apartments, 490 single family attached units, 108 elderly housing units, 150,000 square feet of office space and 225,000 square feet of retail space. (Staff note: the office and retail floorspace is not limited by proffer, and so the TIA does not model the worst -case scenario for traffic.) With Phase 2, Jubal Early Drive, the new interchange and Merrimans Lane are frilly constructed. All proffered road improvements are in place. For Phase 2, all roads within and adjacent to the immediate site function at Level of Service "C" or better given the proffered improvements (see Figure 15a of the TIA). Looking beyond the site, for Phase 2, Level of Service less than "C' will occur at the following intersection (see Figure 15b of the TIA): 0 • Rezoning #21-06 — Willow Run January 22, 2006 Page 9 • Merrimans Lane (Route 621) and Cedar Creek Grade (Route 622); • Cedar Creek Grade (Route 622) and Route 37 interchange; • Cedar Creek Grade (Route 622) and Harvest Drive; • Cedar Creek Grade (Route 622) and Valley Avenue (Route 11); • Valley Avenue (Route 11) and Jubal Early Drive; • Anilierst Street (Route 50) and Meadow Branch Avenue; • Northwestern Pike (Route 50) and Route 37 interchange. Details of all proffered road improvements are contained in the analysis of the proffer statement. A monetary contribution of $100,000 has been proffered to the City of Winchester to mitigate the impact of this development on intersections in the city. B. Sewer and Water The Willow Run rezoning proposal is estimated to require approximately 418,250 gallons per day of water usage and to generate approximately 330,750 gallons per day of wastewater. The Frederick County Sanitation Authority has agreed to provide public sewer service and public water service to the Willow Run Community. The applicant will be providing a new sewer pump station in the northeastern portion of the property. The applicant will also be providing a new sewer force main that connects the pump station to the FCSA force main at Cedar Creek Grade. Effluent will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA will be providing a water transmission line along Route 37 adjoining Willow Run. This will create a loop system that ties together the water systems to the north with those to the south. C. Historic Resources One building on the property, the Baker, Jacob House (750 House), is eligible for the Virginia Landmarks Register and State and National Register according to the Virginia Department of Historic Resources State Review Board. (Staff Note: Protection of this building is strongly encouraged in the WJELUP.) Two other sites, the 740 House (Willow Grove #34-89) and the Penbrook-Cove Farm (334-1236), are identified in the Rural Landmarks Survey Report. The Historic Resources Advisory Board (HRAB) made a number of reconunendations concerning this application (see HRAB comments). Based on the HRAB recommendations, the applicant has proffered landscaping along Cedar Creek Grade to minimize impacts to the Homespun property and proffered to conduct a Phase I Archaeological Assessment at the Penbrook Cove farmstead, and display any information found within the age -restricted community center. The applicant has not addressed the HRAB concerns about the Baker, Jacob House (750 House) or the 740 House (Willow Grove). D. Community Facilities 1,390 new housing units, plus a commercial component, will have a significant impact on community facilities in this area. The applicant projected the impacts based the County's old Fiscal Impact Model, (as was done with REZ #16-05). This model projected a fiscal impact Rezoning #21-06 — Willow Run January 22, 2006 Page 10 of $9,078 per residential unit. The applicant has proffered $9,078 for each non -age -restricted unit, and $2,000 (which excludes money for school facilities) for each age -restricted units. StaffNote: Applications received after November° 30, 2005 are expected to mitigate the impact of development calculated by the county's Development Impact Model. As of September 2006, impacts are projected as $22, 098 for a single-family detached unit, $15, 530 for a townhouse and $8, 739.for a multi family unit. As stated previously, the applicant has.not provided the school site identified in the WJELUP. Also of note, on January 18, 2005 the Frederick County School Board passed a resolution calling for 25-30 acres for a multi -campus school site in the WJELUP area. Additionally, § 165- 68 of the Zoning Ordinance (R4 Rezoning Procedures) states "Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs". The applicant has proffered a number of recreational facilities, including a community center, an age -restricted community center, an outdoor pool, an extension of the Green Circle, and an internal trail system. All of these will count towards the applicant's County Ordinance required recreational units. A 5-acre site for an aquatic center is being made available to the county in the commercial area. The value of this land will count towards the applicant's required recreational amenities. If the aquatic center site is accepted by the county, the applicant will not be providing an outdoor pool for the Willow Run community. The applicant does not appear to be proffering any recreational amenities that are above and beyond the dollar value that the ordinance requires. 5) Proffer Statement — Dated November 4, 2005 with latest revision January 4, 2007 A) Residential Land Use Build -out of the site is limited to 1,390 residential units. Residential building permits are limited to 200 (non -age -restricted) per year, with up to 100 carried forward per year, for an overall maximum of 300 units per year. A residential unit matrix is proffered, limiting the maximum and minimum percentage of each housing type. Single-family detached, single- family attached, multi -family and age restricted residential units are proposed. A double row of evergreens is proffered along Cedar Creek Grade to minimize the impact on the historic Homespun property. A Phase I Archaeological Assessment of the Penbrook Cove farmstead will be conducted, and the results displayed in the age -restricted community center building. B) Commercial Land Use A commercial center and a neighborhood center are designated along Jubal Early Drive. Following abandonment by VDOT, the applicant will process a rezoning for the right-of-way associated with Merrimans Lane, and this will be incorporated into the connnercial area of Rezoning 421-06 — Willow Run January 22, 2006 Page 11 Willow Run. (Once this abandoned right-of-way is incorporated into the Willow Run commercial center, 10% of the site will be commercial as required in the R4 Zoning District) The applicant will deed a 5-acre site (with the precise location unclear) in the commercial center to Frederick County for an aquatic center. The applicant is seeking to receive recreational credit for the value of that land. The floorspace of the aquatic enter will not count towards the 20,000 square feet of guaranteed commercial floorspace. Frederick County has three years to accept the 5-acre site. Staff Note: The WJELUP clearly calls for a large commercial area. Locating the aquatic center in the commercial area will diminish the cornrnercial floorspace and fixture tax revenues to the County. Staff lvould recormnend locating the aquatic center adjacent to the commercial center on land currently designated for residential use. The aquatic center could then complement, rather than diminish, the commercial core. Similar construction materials will be used in the corrunercial development. Construction materials visible from adjacent streets shall be limited to brick, stone, artificial stone, simulated stucco, cementuous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. Business signs will be limited to freestanding monument signs, with a maximum height of 15 feet, and building mounted signs. Staff Note: Neo-traditional developments generally include a commitment to a traditional streetscape by having standards for design, setbacks, uses, entrances and storefronts, and encouraging traditional signs, such as awning signs and projecting signs. No parking lots will be located between the commercial building fronting Jubal Early Drive and Sandyridge Boulevard and those. roads. 10,000 square feet of commercial floorspace is proffered prior to the issuance of the 600th residential building permit. An additional 10,000 square feet of commercial floorspace is proffered prior to the issuance of the 1,000th residential building permit. Staff Note: The R4 Zoning District (§165-72M(3)) requires a reasonable pr Oportion of the nonresidential uses in all phases of development. This application offers very little proffered commercial floorspace. Full residential build -out (1, 390 units) could occur with only 20, 000 square feet of conunercial floorspace. Commercial uses excluded in this development include B3 (Industrial Transition) uses and Ml (Light Industrial) uses not otherwise allowed in the B2 District, gasoline service stations and outdoor gasoline pumps, and individual tenant units larger than 50,000 square feet, except for grocery stores and the aquatic enter. Rezoning #21-06 — Willow Run January 22, 2006 Page 12 Staff note: This proffer insures that no gas stations or big box stores mill be located on this site. As slated previously, slcrff would also encourage a conside7•ation of store frontages, entrances, signage, etc., 10 insure a traditional neighborhood development. C) Master Development Plan (MDP) As required with an R4 rezoning, the Master Development Plan (MDP) is proffered. (The staff report for the MDP is attached to this report.) The applicant has identified certain elements of the MDP that are intended to be flexible, such that if the applicant seeks to change these, the MDP will need to be revised, but a new conditional rezoning will not be required. The specific flexible elements are analyzed under Cormnunity Design Modifications below. D) Transportation Enhancements 1) The applicant will construct Jubal Early Drive as a four -lane landscaped median section, including the realigrunent of Meadow Branch Avenue, from the City of Winchester to Route 37. Right-of-way for this road between the City of Winchester and Merrimans Lane will be dedicated before the issuance of the 200`h building permit. 2) Jubal Early Drive, between the City of Winchester and the second intersection identified on the MDP, will be constructed prior to issuance of the 300"' building permit. 3) Jubal Early Drive, between the second intersection identified on the MDP and the first conunercial center intersection identified on the MDP, will be constructed prior to issuance of the 4501h building permit. 4) Jubal Early Drive, between the first corninercial center intersection identified on the MDP and the Route 37 northbound on and off ramps, will be constructed prior to issuance of the 6001h building permit. 5) The Route 37 northbound and southbound on and off ramps, utilizing a roundabout design and the existing bridge structure, will be constructed prior to issuance of the 600`' building permit. These improvements will be bonded prior to issuance of the 3001h building permit. Sufficient right -of --way is being provided on the east side of Route 37 to accommodate a two-lane roundabout, should one be needed in the future. 6) Merrimans Lane will be realigned and constructed prior to issuance of the 600`' building permit. 7) Cidennill Lane in the City of Winchester will be extended into the Willow Run development, but barricaded until the interchange ramps are completed. 0 • Rezoning 921-06 — Willow Run January 22, 2006 Page 13 8) A traffic signal, with pedestrian actualization, will be installed at the intersection of Jubal Early Drive and Meadow Branch Avenue when warranted by VDOT. A traffic signal, with pedestrian actualization, will be installed at the intersection of Jubal Early Drive and Merrimans Lane when warranted by VDOT. A traffic signal will be installed at the intersection of Birchmont Drive and Cedar Creek Grade when warranted by VDOT. 9) Intersection improvements, including turn lanes, will be constructed at the intersection of Birchmont Drive and Cedar Creek Grade prior to the issuance of the 200°i residential permit. Birchmont Drive will include traffic calming measures. Cedar Creek Grade and Jubal Early Drive will be connected via Birchmont Drive and Station Hill Road, prior to the issuance of the 200"' residential permit. 10) A monetary contribution of $100,000 will be made to the City of Winchester to mitigate the impact of this development on intersection in the city. 11) All subdivision streets shall be constructed to standards identified on the MDP. Private alleys will be constructed to VDOT vertical sectional standards. One-way alleys will have a minimum of 12 feet of pavement. Two-way alleys will have a minimum of 18 feet of pavement. Staff Note: If the development were to cease before the 600"' residential building permit, the following would be in place: right-of-way for all of Jubal Early Drive, the realignment of Meadow Branch Avenue, construction of the residential portion of Jubal Early Drive and bonding of the interchange ramps. The following would not be in place: completion of Jubal Early Drive, the realignment of Merriman's Lane and construction of the interchange I•amps. E) Monetary Contributions $9,078 per non -age -restricted dwelling unit is proffered for capital facilities. $2,000 per age - restricted dwelling unit is proffered for capital facilities. Staff Note: As of September 2006, impacts are projected as $22, 098 for a single-family detached unit, $15, 530 for a townhouse and $8, 739 for a multi family unit. $25,000 will be given to Frederick County for the Round Hill Fire and Rescue Company and $25,000 will be given to the City of Winchester for the Shawnee Fire and Rescue Company. $100 per residential unit, per year, will be paid by the Property Owners Association to the City of Winchester for fire and rescue purposes until the Route 37 interchange southbound ramp is accessible. $1,000 for each non -age -restricted unit will be provided for the purpose of site acquisition for a school. Rezoning #21-06 — Willow Run January 22, 2006 Page 14 Staff Note: See previous comments concerning the need for a school site in this area. F) Community Recreation A community center, with a minimum of 4,000 square feet (to count towards the active recreational amenity requirement), shall be bonded by the 400"' building permit and constructed prior to the issuance of the 600"' building permit. Should the county not acquire the 5-acre site in the commercial area for an aquatic center, then the applicant will provide an outdoor community pool facility prior to the issuance of the 600°i building pen -nit. An age -restricted conununity center, with a minimum of 2,000 square feet (to count towards the active recreational amenity requirement), shall be bonded in conjunction with the first subdivision design plan for the age -restricted conununity and constructed prior to the issuance of the 60t" age -restricted residential building permit. The Green Circle shall be extended from the City of Winchester to the commercial center. It will be a 10-foot wide asphalt trail. The applicant will also construct a six-foot wide internal trail system. This trail system will be private, but a public access easement will be provided for the sections around the man-made lake and along Sandyridge Boulevard. Both trail systems will count towards the active recreational amenity requirement of this development. Staff Note: Two conununity centers and the trail systems are proffered unreservedly. However, the applicant is seeking to count the monetary value of the 5-acre aquatic center land toivards the development's active recreational requirement. This will impact the on -site recreational units for the fixture residents of Willow Run. The value of the 5-acre site could be so high as to fulfill the dollar value of required recreational units. The development could be left without minimal recreational features such as tot lots. G) Envirormiental A Developmentally Sensitive Area (DSA), identifying the location of wetlands, is delineated on the MDP. A 50' buffer adjacent to the DSA will be called the Resource Protection Area (RSA). The only disturbance that will be allowed within the DSA and the RPA adjacent to wetlands areas, will be road crossings, utility crossings, and pedestrian and bicycle facility crossing. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the major karst feature identified on the GDP. The development of a landscape plan for the wetlands south of Jubal Early Drive will be prepared. All planting described in that plan will be installed. The Shenandoah University Enviromnental Studies Department will be allowed access to this area as an outdoor land lab. Conunercial site plans and the community center site plans will be designed to implement Best Management Practices (BMP) to promote stormwater quality measures. Rezoning #21-06 — Willow Run January 22, 2006 Page 15 6) Community Design Modification Document — November 18, 2006 § 165-720(3) of the Zoning Ordinance allows applicants to the R4 District to alter the requirements of the R4 District with modifications specifically approved by the Board of Supervisors as part of the conditional rezoning. A number of modifications to the R4 Zoning Ordinance are sought by the applicant. These are included in the Community Design Modification Document and highlighted below. (A recommendation on each of these modifications from the Plamiing Connnission to the Board of Supervisors is requested.) A) Modification #1 — §165-68 Master Development Plan (MDP) Under § 165-68 of the Zoning Ordinance, a Master Development Plan (MDP) is required with an R4 rezoning and it is accepted as a proffered condition. § 165-13(D) of the Zoning Ordinance requires that any change to a proffered condition requires a new conditional rezoning. This applicant is seeking approval to allow some elements of the MDP to be flexible, such that if changes are sought in the future, revisions to the MDP would be pursued in a manner consistent with all MDP modifications, but a new conditional rezoning would not be required. All of the flexible elements sought are listed on pages 1 & 2 of the Community Design Modification Document and include: • Phasing boundaries and a phasing schedule are not required. • Acreages of enviromnental features may vary, so long as minimum ordinance standards are met. • Acreages in housing type and road right-of-way may be modified. (Staff Note: This does not alter the proffered residential matrix or the proffered road standards.) • The location and type of recreational facility may be modified, provided that an equivalent facility value is provided. (Staff Note: Staff has concerns with this request. See earlier staff comment that the land value of the aquatic center site may provide the majority of the recreational value in this community. Future residents could be left with few recreational facilities, such as tot lots, throughout this development.) • Other than the major collector roads, precise road locations, site entrances, driveways and parking areas may be modified. • The precise location of utility lines maybe modified. • Additional stormwater management facilities may be added. • Road names may be revised. B) Modification #2 — § 165-69 Permitted Uses Under § 165-69 of the Zoning Ordinance, all uses allowed in the RP (Residential Performance) District, B1 (Neighborhood Business) District, B2 (Business General) District and M1 (Light Industrial) District are allowed in the R4 District. The applicant is seeking to add nine new housing types to the list of allowed uses. The nine housing types are included in a table in the Community Design Modification Document and separate design plans are provided for each. In general, the lots sizes and setbacks are smaller than the standards in the RP District. The maximum building heights are also higher than those in the RP District. Specifically, the maximum height sought for single family detached units, townhouses and condominiums is 50' instead of the RP standards of 35' for single family units and 40' for garden apartments. Rezoning #21-06 — Willow Run January 22, 2006 Page 16 Staff Note: Small lots with higher building heights are typically a part of traditional neighborhood developments. C) Modification #3 — § 165-71 Mixture of Housing Unit Types Required Under § 165-71 of the Zoning Ordinance, in the R4 District, no more than 40% of the area of portions of the plarined community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses or garden apartments or any combination of those housing types. The applicant is seeking to allow a maximum of 60% of the area designated for residential uses to be used for single family attached and multi -family units. Staff Note: Greater use ofsingle-family attached units and multi family units is in general a design feature of planned communities. It also enhances the creation of an urban center in Willow Run as envisioned in the pending UDA study. The applicant will still be bound by the proffered residential unit matrix. D) Modification #4 — § 165-72D Commercial and Industrial Areas Under § 165-72D of the Zoning Ordinance, in an R4 District, a minimum of 10% of the gross area of the project shall be used for business and industrial uses. This equates to 36 acres for this development. The applicant is seeking to allow a minimum of 9% of the gross area of the project to be used for business and industrial uses. The applicant has proffered that once the right-of-way for the existing Merriman's Lane is abandoned by VDOT, a rezoning for that land will be processed so that it can be incorporated into the commercial center at Willow Run. This additional land would bring the site up to the minimum 10% required by ordinance. Staff Note: The applicant is proffering a 5-acre site in the commercial area for an aquatic center. This five acre site, if accepted by the county, would not function as commercial land, but rather as institutional land The commercial core would be eroded and tax revenues reduced. While public buildings are an allowed use in the Bl, B2, B3 and MI Districts, and would be allowed in the commercial area of Willow Run, in effect, the 10% commercial area would not truly be achieved. To remain consistent with the WJEL UP, a large connnercial area needs to be maintained. E) Modification #5 — § 165-72G Buffers and Screening § 165-72G of the Zoning Ordinance allows alternative buffers and screening in the R4 District, in place of those called for in § 165-37 (Buffer and Screening Requirements), provided these are shown on the MDP and approved by the Board of Supervisors. The applicant has requested such modifications and these are included on the MDP. Details of the modifications are contained in the staff report for the MDP. The applicant is also seeking to be released from the road efficiency buffer requirement along both sides of Sandyridge Boulevard throughout the residential portion. As Sandyridge Boulevard is designated as a major collector road in the WJELUP, the road efficiency buffer called for in § 165-37 of the zoning ordinance includes a full distance buffer of 80 feet or a Rezoning #21-06 — Willow Run January 22, 2006 Page 17 reduced distance buffer of 50 feet, plus evergreens (and in the case of the reduced distance buffer, a berm). The applicant is seeking a neo-traditional development which includes buildings closer to the street. On the residential portion of Sandyridge Boulevard the applicant will be providing a raised landscaped center median with on -street parking and street trees between the back of the curb and the sidewalk. Staff note: Sandyridge Boulevard has been designed in such a tinay that if needed in the future it could function as a four -lane road r4,ithout on -street parking. F) Modification 46 — § 165-72I Road Access § 165-72I of the Zoning Ordinance requires that each R4 District include a complete system of public streets dedicated to the Virginia Department of Transportation. The applicant is seeking to provide public street dedicated to VDOT or private streets and alleys owned and operated by the Willow Run home Owners Association. The applicant's justification is that traditional Neighborhood Developments are typically served by alley systems. Staff Note: Staff understands the justification for private alleys, but does not understand the need for private streets. STAFF CONCLUSIONS FOR THE 02/07/07 PLANNING COMMISSION MEETING: The overall land use proposed is generally consistent with the Western Jubal Early Land Use Plan. The applicant is also incorporating some of the neo-traditional recommendations of the UDA study. Notable shortcoming identified by staff include: • Minimal proffered conunercial floorspace; • Few conmiitments to the layout and design of the commercial areas; • Erosion of the commercial core if an aquatic site is developed; • No school site; • Use of old Fiscal Impact Model; and • Incomplete road network if residential construction ceases before the 600t" building permit. Following the required public hearing, a number of recommendation re'aardin this rezoning application to the Board of Supervisors would be appropriate. The Planning Commission will need to make a recommendation on each of the six requested modifications and a recommendation on the rezoning itself, which includes the Master Development Plan. The applicant should be prepared to adequately address all concerns raised by the Plannin,- Commission. WILLOW RUN REZONING APPLICATION & MASTER DEVELOPMENT PLAN 1-- -1- f 1'l Al tJ 'l.`. Gr I' £iV!Li :rrfCHe'.n ,inr rl:-rrr.-r:n nn^ervrmv erromeeninc .11�OW RUII - __ -01 November 18, 2006 Current Owner: Greystone Properties LLC Miller and Smith at Willow Run L.L.C. Willow Grove L.C. 740 LLC 750 LLC Contact Person: Evan Wyatt, AICP I 151 Windy IIill Lane Founded in 1971 WinchesLer, Virginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9528 Surveyors www.greenwayeng.com • 0 AMENDMENT Action: PLANNING COMMISSION: February 7, 2007 - Recommended Approval BOARD OF SUPERVISORS: February 28, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 421-06 OF WILLOW RUN WHEREAS, Rezoning #21-06 of Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units, was considered. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. WHEREAS, the R4 District requires a Master Development Plan to be submitted as a condition proffered with the rezoning and the applicant has included MDP #15-06 in the proffer statement; and WHEREAS, the applicant has requested seven modifications to the R4 District covering the Master Development Plan, Permitted Uses, Mixture of Housing Unit Types Required, Cornrnercial and Industrial Areas, Buffers and Screening, Road Access and Dimensional Requirements; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 7, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February28, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning, including Master Development Plan #15-06 and the seven modifications, to be in the best interest of the public health, safety, welfare, and in confonnance with the Comprehensive Policy Plan; PDRes 4 14-07 9 0 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 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District for commercial land uses and up to 1,390 residential units, as described by the application and plat submitted, subject to the attached conditions, including Master Development Plan #15-06, voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 28th day of February, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. NN3� Philip A. Lemieux Aye A COPY ATTEST Q-V- 1i Jo ley, A. - Frederick County Administrator PDRes 4 14-07 Greenway Engineering • September 1, 2005 • Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# 16-05 Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 2 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 -_ Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September I, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September 1, 2005 • 4 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 - - Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. File #3800WG/2006 TND REZONING/EAW U Greenway Engineering September I, 2005 5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 2. The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be available to Frederick County for a period of 5 years from the date of final non -appealable rezoning approval and shall be deeded to Frederick County within 90 days of written request by the County. If the County does not request the 5- acre site for the aquatic center within 5 years from the date of final non -appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels File #3800WG/2006 TND REZONING/EAW rj Greenway Engineering September 1, 2005 6 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600`h dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600`h building permit, but no later than the issuance of the 1,000th building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities * Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September I, 2005 7 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200`h building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be des, ned and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September I, 2005 8 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of the new northbound and southbound on and off ramps within 24 months of final non -appealable rezoning approval and shall have this improvement available for public use within 60 months of final non - appealable rezoning approval or no later than the issuance of the 600tb building permit, whichever occurs first. Additionally, the Applicants hereby proffer to dedicate right-of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. File #3800WG/2006 TND REZONING/EAW Greenway Engineering 10 September I, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 • 9 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 2001b residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 200t11 residential building permit, exclusive of model homes. File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September 1, 2005 10 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 14. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12-month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 15. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 16. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. File #3800WG/2006 TND REZONING/EAW 1! n Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 _ Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 12 developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400`" building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface File #3800WG/2006 TND REZONING/EAW r� • Greenway Engineering September 1, 2005 13 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 area of 3,500 square feet, which shall be completed prior to the issuance of the 600th residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 60th age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 7 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. 11.1 Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures File #3800WG/2006 TND REZONING/EAW • Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. I.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan File #3800WG/2006 TND REZONING/EAW U Greenway Engineering September 1, 2005 I r; Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`BMW") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW • JU_ Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: 77 low Grove I . . Date Commonwealth of Virginia, Dcity ounty of V1l1 J J- A, To Wit: The foregoing instrument was acknowledged before me this W4-day of f 20S'I by �); 4�M�AA Notary Public My Commission Expires (� n J.) Signatures e conditions proffered above shall be binding upon the assigns and suc ssors in the ' terest of the Applicants who constitute the owners of the Prope . In the event the Fr prick County Board of Supervisors grants this rezoning an ccepts the proffere onditions set forth in this proffer statement, the fore mg proffered conditions s I apply to the Property rezoned in addition to er requirements set forth in the Ordi ce. 740 LLC Commonwealth of VirginA To,Wit: Date The foregoing instrument was acknowledged before me this day • Greenway Engineering J.) Signatures September 1.2005 Revised November 4.2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 18 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Lt D 7 0 LLC q eD �� ate Commonwealth of Virginia, City/ ounty of Lk (ti .N ,, �i.(� To Wit: The foregoing instrument was acknowledged before me this I_day of 20 09 by ShL vnv-� �6' Nor nALin Notary Public My Commission Expires File #3800WG/2006 TND REZONING/EAW • My Co J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 50 LLC a 7 Date Commonwealth of Virginia, 1. Ly County of .�n To Wit: The foregoing instrument was acknowledged before me this Ito day of '-4eli . 200by • Greenway Engineering J.) Signatures September 1, 2005 20 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Miller anc S th Willow Run L.L.C. DAe By: Miller and mith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/Count of 46,1 r X To Wit: The foregoing instrument was acknowledged before me this l(�day of b,roco- 200-7-by cJPfeskAe PA A 'ASS A'-:E-ht � Sm;�-%A+ Not Public My Commission Expires ') i3 \ 1 Zo o 9 File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 i Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Revised February 12, 2007 J•) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. i Greystone Properties LLC Date Commonwealth of Virginia, Cit Count f Frecie✓ K- To Wit: The foregoing instrument was acknowledged before me this j 54-� day of-./rvcx, 200­1_ by JQ✓YIeS R , W � I �C i +��. AIL Notary Public My Commission Expires FeJorm✓t-z 2q 12-008 Ij File #3800WG/2006 TND REZONING/EAW TRANSPORTATION ENHANCEMENTS PROFFER D(10) / r � i 1 I V - CI � v PROPOSED zv' nin DEDICATION, I c dU lI PROPOSED 20' R/W DEDICATION PROP DEp N EXISTING CED R CREEK GRADE,--.-- --•---...., —., (ROUTE 622) d PAVEMENT .J PAVEMENT I = RTE. 37 C..._ EXISTING PAVEMENT [—] PROPOSED PAVEMENT CITY OF WINCHESTER a z Q W W z a z W � � W E W E a 3�� INRR A S1QiN Ila18q. WILLOW RUN Community Design Modification Document Va February 12, 2007 Current Owner: Greystone Properties LLC Miller and Smith at Willow Run L.L.C. Willow Grove L.C. 740 LLC 750 LLC Contact Person: Evan Wyatt, AICP ,7 1 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers 5()� FAX -722-9528 4 Surveyors www. greenwayerig.com 0 MODIFICATION #1 § 165-68 Rezoning Procedure — Master Development Plan Ordinance Requirement In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. Alternative Design Standard In order to have land rezoned to the R4 District, a master development shall be submitted with the rezoning application. The rezoning and master development plan shall be reviewed and approved following the procedures described in Article II of this chapter. The master development plan shall be submitted as a proffered condition of the rezoning and shall serve as an overall guide for the development of the R4 District property. The following items will be considered as flexible design elements of the master development plan and will be permitted to be modified through subsequent master development plan submittals without the requirement for conditional zoning amendments as specified in § 165-13D of this chapter. Master Development Plan Flexible Design Elements ➢ The Proffer Statement and Community Design Modification Document may be referenced on the Master Development Plan but does not have to be included as a required information item ➢ The scale of the Master Development Plan may exceed 1:100 provided that the information is legible at a scale acceptable to the Planning Director. ➢ A schedule and boundary of phases will not be required for the R4 District to allow for multiple product types to be developed simultaneously provided that the public and private streets and alleys serving the land uses are constructed to base pavement and bonded prior to building permit issuance. ➢ Acreages of environmental features will be provided on the initial master development plan and may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are met. ➢ Acreages and percentages of disturbed and protected land in environmental features and open space may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are met. Willow Run Community Design Modification Document 0 ➢ Acreages in housing type and road right-of-way may be modified due to design revisions and/or development constraints. ➢ The total number of dwelling units by type may be modified provided that the totals do not deviate from the minimum and maximum percentages established in the proffered Willow Run Community Residential Unit Matrix. ➢ The location and required type of recreational facilities may be modified provided that an equivalent recreational facility value is provided and the value is approved by the Parks and Recreation Director. ➢ The location of internal public and private streets and alleys that are not identified in the Comprehensive Policy Plan may be modified due to design revisions and/or development constraints. ➢ Cul-de-sac road systems may be redesigned to continue street systems into adjoining properties. ➢ The location and arrangement of street entrances, driveways and parking areas may be modified to accommodate future commercial development, design revisions and/or development constraints. ➢ The location of schematic utility layouts will be provided on the initial Master Development Plan and may be modified due to design revisions and/or development constraints. ➢ The location of additional stormwater management facilities may be provided on subsequent Subdivision Design Plans for the Willow Run Community. ➢ The road names provided on the initial Master Development Plan may be revised if the new road names are approved by the GIS Director. Justification A Master Development Plan (MDP) is intended to promote orderly and planned development and to illustrate the characteristics of the planned development and surrounding properties. Within the R4, Residential Planned Community District, the MDP is identified as a document meeting all requirements of Article XVIII that is submitted as a proffered condition of the rezoning application. Certain required design elements of the MDP will inevitably be modified throughout the development process of a community the size of Willow Run. Therefore, the ability to allow for minor revisions to the MDP for the required design elements identified above without the requirement for a rezoning amendment public hearing process is justified. Willow Run Community Design Modification Document 2 0 0 MODIFICATION 92 Ordinance Requirement § 165-69 Permitted Uses All uses are allowed in the R4 Residential Planned Community District that are allowed in the RP Residential Performance District. Alternative Desian Standard Residential housing types other than those permitted in the RP Residential Performance District may be allowed in the R4 Residential Plamled Community District. The Board of Supervisors shall have the approval authority for new residential housing types. Information describing the residential housing type, the minimum lot area, the minimum lot width, minimum yard setbacks for principal and accessory structures, maximum building heights for principal and accessory structures, and minimum on -lot parking spaces is required to be provided for review and approval by the Board of Supervisors. The dimensional standards for all permitted residential housing types shall be included as information on the proffered Master Development Plan. Justification Willow Run has been designed to provide for a complete range of housing product types in an urban landform, which is consistent with Traditional Neighborhood Development design. The residential housing products permitted in the RP Residential Performance District promote dimensional standards that are consistent with conventional suburban land form which does not lend itself towards the more compact design associated with traditional neighborhood development. The nine housing product types proposed for Willow Run creates a mix that allows for a residential market ranging from starter homes through retirement homes. Therefore, the ability to utilize these housing product types with specific dimensional requirements for all components of the developed lot is justified. Willow Run Community Design Modification Document 3 0 0 11�11f l 1.1 1'�iti 1�4 [t iddtiiraelriIlU'sj -. ... 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(�ItiSTZI=, ��t�archl�:1, 1 35' SFD Alley 35' 3500 101/10, 18, 10 51/10, NA/18' 51/10, 51/8, NA/NA 5' 2 ; 45' SFD 45' , 4950 ` . 15'/10' 20' '' 10 5'/10'. 18'MA 5'/10' '' S/10'. 8'/8', 5 3 45' SFD Alley 45' 4950 101/10, 30' 10, 51/10, NA/8' 3710' 51/10 30730' 5' 4 55' SFD 55' 6050' 151/10, 20' - 10, 5710' 187NA 51/10, . 5710' 8'/8' S. 0 (20' from non- 5 Townhouse (Alley 20' 1800, 101/10, 30' attached side wall of N/A NA/8' 075' 075' 20720' 5' Detached Garage) end unit to other units) Townhouse (Alley 0 (20' from non- 6 24' 2160' 10710' 1 B - ; attached side wall of N/A. NA/18' 0'/5' 0 /5' 8 /8 5' Attached Garage , end unit to other units) 7 Duplex 45' 4500' 181/10, 20' 15' 7.5'/15' 187NA 01/10, 01/10, 101/10, 8' 0 (30' from non- S. Multiplex 40' 3600' . 20710' 20"' attached side wall of N/A 18' 0715' , N/A WA ' 8' { _' and unit to other units) • 9 Condominium N/A N/A 15720' 20' 30 N/A NA/20' N/A 10' from public N/A 10, (N/A to Breezeway) street/7' from alley Willow Run Minimum Residential Dimensional Standards 18-Nov-06 Greenway Engineering File#3800WG/EW/adf STREET 10 RL 6",CH COVFRm PORCH COVERm PORCH I MAIN HOUSE a MAIN HOUSE MAIN HOUSE ED ED a F+104 PATIO PATIO PATIO L0 L OGARAGL GARAGE GARAGE 18' BRL N- 40'-48'A 20' LLEY 35' SINGLE FAMILY ALLEY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com 100' -`*V"llow Run W I N C H E 5 T E R, V I R G I N I A U STREET 15,BRL 1 , PORCHf'ORC4. GARAGE GARAGE W a W W --I � "' 110 ' 10' 0 5' 20' BRL 1 20' BRL 50' 45' a- 45' SINGLE FAMILY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com Villom Run W I N C H E S T E R. V I R G I N I A luj STREET 10'BRL i PORCH 5' PORCH JF MAIN HOUSE I I I MAIN HOUSE 10' 5' 1 ' a o1-4 ;n 50' LO 45'� 30' HRL[--] , � I 30' BRL GARAGE I I I GARAGE 110' 4, T - 20 18 ALLEY 45' SINGLE FAMILY ALLEY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in. 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com illow Run W I N C H E S T E R. V I R G I N I A •I 10' GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com 15'BRL 18' PORCH f i GARAGE 20' BRL g & STREET 5' "ORLH GARAGE a � � w Lo 110' 1 ' S' 60' —}— -- - 55' —I 55' SINGLE FAMILY LOTS N.T.S. -, N-t//illow Run W I N C H E S T E R, V I R G I N I A • L� 10'B PORCH 10' 20' a a 0 rH GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER. VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com STREET i 10'BRL PORCH PORCH 5' PORCH PORCH 20' 20 20' 1 _20 _ _ 20'- TOWNHOUSE I I I I I TOWNHOUSE as o 0 30' BRL GARAGI, GARAGE GARAGE 2'0' 18' LEY 90' 30' BRL GARAGE GARAGE 20' TOWNHOUSE ALLEY LOTS N.T.S. illow Run WIN CH E S T E R, V I R G I N I A 0 STREET SIDEWALK 10'BRL PORCH PORCH PORCH 5' PORCH PORCH 10' 24 24' 24' 2 ' 24' 24' TOMHOOSE 58' , I a 90 O GAF AGE GARAGE GARAGE .-4 GARAGE O O GARAGE 18' BRL 18' BRL jp!j'iALLEY 24' TOWNHOUSE ALLEY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in. 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com 11101 Run _N W I N C H E S T E R. V I R G I N I A 0 A 1 DUPLEXES N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com illow Run W I N C H E S T E R. V I R G I N I A • •I 75' 75' 8 PORCH PORCH PORCH 2 ' BRL GARAGE GARAGE GARAGE a x w Ln 2 49' 45' FF 8 PORCH PORCH PORCH 0' BRL GARAGE GARAGE GARAGE Ll alm In r-1 49' 0' 45' GARAGE GARAGE �I GARAGE I GARAGE - _ GARAGE 8PORCH , ' BRL PORCH 8' ' BRL 8 I} l}T PORCH PORCH I 1 SIDEWALK - --_ --- STREET...__..__-_ GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com MULTIPLEX AGE RESTRICTED N.T.S. PORCi illow Run W I N C H E S T E R. V I R G I N I A IN Rol STREET MF EWALK PORCH/ I PORCHPORCH/ PORCH/ DECK _ DECK BRL DECK D= K ' STAIRS STAIRS a Qr' O CQ DECK 20' BRL DECK DECK 26' 24' ALLEY DECK S I 77'' ■ DECK DECK DECK 2 0 ' BRL DECK T a a � 0 o cat STAIRS r BREEZ --� STAIRS a �- — — -- -' STARS WAY STARS `- -- — — - PORCH/ r'DCr PECK I 10,,..._ . _, ` .DECK m PORCH! PORCH/ 7�I DECK !— 1 DECK fimW16 E CONDOMINIUM N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTE: 54 2662 illov Run Founded in 1971 TELEPHONE: (540) 862-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com W I N C H E S T E R. V I R G I N I A 0 MODIFICATION 93 § 165-71 Mixture of Dousing Unit Types Required Ordinance Requirement No more than 40% of the area of portions of the plaimed community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weals -link townhouses, townhouses, garden apartments or any combination of those housing types. Alternative Design Standard A maximuin of 60% of the area of the planuled conununity designated for residential land use may be used for single-family attached and multifamily housing types. Justification Planned community design promotes a mixture of residential housing types to create a conununity that is available to a variety of age groups and income levels. Willow Run provides for the development of nine housing product types including single-family detached units, single-family attached units, multifamily units and age -restricted units. A residential unit matrix has been developed that establishes a minimum and maximum percentage of these various residential units to ensure that there is a sufficient mixture of residential housing product types. This residential unit matrix is a component of the proffer statement and is also included in this docuinent for reference. The use of the residential unit matrix is a better tool to control residential unit mix than residential development area percentages; therefore, the proposed modification will allow for the implementation of the proffered Master Development Plan design for Willow Run. Willow Run Community Residential Unit Matrix Category Minimum Maximum % Housing Types Permitted % of Units of Units Single -Family 20% 3 5 % RP District SFD; 35' SFD lot; 45' SFD lot; Detached 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Weak - Attached Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex Willow Run Community Design Modification Document 4 0 0 MODIFICATION 94 § 165-72D Commercial and Industrial Areas Ordinance Requirement A minimum of 10% of the gross area of the project shall be used for business and industrial uses. Alternative Design Standard A minimum of 9% of the gross area of Willow Run shall be used for commercial land use. Justification Willow Run is approximately 360 acres; therefore, a minimum of 36 acres is required to be used for business and industrial uses. The West Jubal Early Land Use Plan (WJELUP) does not recommend the development of industrial land use within the study area boundary and recommends the development of commercial centers at the intersection of Jubal Early Drive and the north -south major collector road and at the intersection of Cedar Creek Grade and the north -south collector road. These conunercial centers are adjacent to Route 37, with the northern conunercial center located adjacent to the new Route 37/Jubal Early Drive interchange. The northwest quadrant of this commercial center is currently traversed by Merriman's Lane, which will be abandoned by VDOT once the new Route 37/Jubal Early Drive interchange is developed in Willow Run. The Applicants will obtain the Merriman's Lane right-of-way once it is abandoned by VDOT and will process a rezoning application to incorporate this additional acreage into the Willow Run commercial center. This will provide a minimum of 36 acres of gross commercial land area for Willow Run. Willow Run Community Design Modification Document 5 M[ODI]FICATION #5 Ordinance Requirement § 165-72G Buffers and Screening Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Alternative Design Standard A road efficiency buffer shall not be required along both sides of Sandyridge Boulevard throughout the residential portion of Willow Run provided that all residential units are alley served and the street typical section provides for a raised landscaped center median and street trees between the back of curb and the residential units. Justification Traditional Neighborhood Development (TND) design promotes the development of residential lots that are oriented to the public street, which are served by private alley systems. Residential structures are typically 15-20 feet from the public right-of-way, which is not conducive to road efficiency buffer standards. Sandyridge Boulevard is identified as a major collector road in the West Jubal Early Land Use Plan (WJELUP), which requires the provision of a road efficiency buffer. The proffered Master Development Plan for Willow Run designs Sandyridge Boulevard with a raised landscaped center median with on -street parking and street trees between the back of curb and the sidewalk. This landscaped street design is consistent with TND design practice and is a reasonable substitute to the road efficiency buffer requirement. Willow Run Community Design Modification Document 6 E 0 MODIFICATION 96 Ordinance Requirement § 165-72I Road Access The planned connmunity development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. Alternative Design Standard Residential and nonresidential land uses within the R4 District may be served by public streets dedicated to the Virginia Department of Transportation (VDOT) or by private streets and alleys that are owned and maintained by the Willow Run Property Owners Association. The typical sections for all public streets, private streets and alleys shall be incorporated as a component of the proffered Master Development Plan for Willow Run. Justification Traditional Neighborhood Development (TND) design promotes the development of residential lots that locate residential structures closer to the public street which are served by alley systems. Several of the housing product types proposed within Willow Run utilize rear loaded attached and detached garage units that are served by private alleys, while single-family detached units adjacent to Route 37 utilize private streets for access. The design standards for these private road systems are identified on the proffered Master Development Plan for Willow Run. These design standards are reviewed by VDOT and Comity staff; therefore, the ability to utilize a system of public and private streets and alleys within Willow Run is justified. Willow Run Community Design Modification Document 7 0 0 MODIFICATION 97 § 165-72B Dimensional Requirements Ordinance Requirement Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, B2 and Ml Zoning Districts. Alternative Design Standard Buildings developed within the defined commercial areas of the Willow Run Master Development Plan may have a minimum front yard setback of 20 feet from all street systems and may have a maximum height of 50 feet to accommodate above retail commmercial, office, or residential land use. Justification Traditional Neighborhood Development (TND) design promotes the development of commercial centers, which include street oriented buildings that may be designed to accommodate above retail office or above retail residential land use. The Willow Run project has incorporated specific commercial design standards as a component of the Proffer Statement to ensure this conunercial form through the requirement of parking lot location and enlarged pedestrian walkways in front of conunercial buildings. These design standards are consistent with the new UDA vision for plamied communities; therefore, the ability to develop conunercial buildings within 20 feet of the public street system that are 50 feet in height to accommodate above retail commercial, office and residential land use within Willow Run is justified. Willow Run Community Design Modification Document S Greenway Engineering September 1, 2005 • Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# 16-05 J7 Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the File #3800WG/2006 TND REZONING/EAW Greenway Engineering • September 1, 2005 2 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. File #3800WG/2006 TND REZONING/EAW Greenway Engineering 40 September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 0 3 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2nd Floor Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 4 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 :'� ' F j _ ' ,o Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(11) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age - restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right-of-way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #4 of this Proffer Statement. The Applicants proffer of right-of-way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 5 Revised November 4, 2005 Revised November 30, 2005 - Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 2. The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non -appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the File #3800WG/2006 TND REZONING/EAW Greenway Engineering 0 September 1, 2005 6 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006�� Revised June 27, 2006 > `. Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 building permit for the 600th dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 6001h dwelling unit, but no later than the issuance of the 1,0001h dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities -);�- Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores and the aquatic center C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 7 Revised November 4, 2005 Revised November 30, 2005 yilhk ' / Revised May 18,2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Reviled December 11, 2006 Revised January 4, 2007 Plan Flexible Design Elements of the Community Design Modification Document dated November 18, 2006, submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Mer iman's Lane to Frederick County prior to the issuance of the 200th building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be desi ned and constructed to base pavement prior to issuance of the 300' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450`" residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600`r' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • 8 Revised November 4, 2005 Revised November 30, 2005 / Revised May 18, 2006 Revised June 27, 2006 U Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600th residential building permit. The Applicants shall bond the new northbound and southbound on and off ramps no later than the issuance of the 300th building permit. Additionally, the Applicants hereby proffer to provide right-of- way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • ��IY �`9 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 10. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 200th residential permit. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 200t1i residential building permit, exclusive of model homes. 14. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12-month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. File #3800WG/2006 TND REZONING/EAW Greenway Engineering • September 1, 2005 • 10 Revised November4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 15. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 16. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • {° `y,�, p 1 . _, , Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • 12 Revised November 4, 2005 Revised November 30, 2005�,' Revised May 18, 2006 Revised June 27, 2006 ' 4 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 4001h building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600`" residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 601h age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining File #3800WG/2006 TND REZONING/EAW is • Greenway Engineering September 1, 2005 13 Revised November 4, 2005 Revised November 30, 2005v� Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: File #3800WG/2006 TND REZONING/EAW Greenway Engineering I.) • September 1, 2005 • 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`BMW") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: BY:('i-i 2 o W-' low Grove L.C. Date Commonwealth of Virginia, ety)County of 1,o p r—AX Ob, To Wit: The foregoing instrument was acknowledged before me this la day of 20 0 `j by t). 4J'V\� Notary Public My Commission ExpiresL.,o J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the • proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 740 LLC Date Commonwealth of Virginia, Cii /County of W4bo To Wit: The foregoing instrument was acknowledged before me this )ate day of 200')_ by . L-O W, 4'k'� Notary Public My Commission Expires — C 3 o b J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. E • By: 7 0 LLC Commonwealth of Virginia, &ounty of W MtL'Z L— To Wit: "td Ft.77 - G % Date The foregoing instrument was acknowledged before me this la day of 200_ by 1A). AkJ" Notary Public My Commission ExpiresL 3 b a-b 6 O J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. .-B e a nih d o n Greenway Engineering • September 1, 2005 • 19 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 _ Ip\ Revised .tune 27, 2006 -\ � Revised September 26, 2006 alp J Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. l By: L �E �l I«'` I A, (Jr( Miller and S 11911 at Willow Run L.L.C. Dat By: M1.11er and Smith, Inc., Manager By: Charles F:' Stuart, Jr. Senior Vice President Commonwealth of Virginia, City/County of ck't F (" To Wit: The foregoing instrument was acknowledged before me this 14 day of J as 0 r- �'1 20 0 � by �� r.>.r- c � �7vc�c 4 s ; . n 16-( i ce Pees' &e-(\A 0-� c:k_c\ J)-„r, �• r l le✓(- (/�r� S �,� , +� (\ &0 4 -a--, Notary Public My Commission Expires C Pile #3800WG/2006 TND REZONING/EAW Greenway Engineering • September 1, 2005 20 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 ,. Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: // 1 I O 0 % Greystone Properties LLC ate Commonwealth of Virginia, Cit County 1:--redev-ick To Wit: The foregoing instrument was acknowledged before me this 10-"tday of JCIrlo 20 0 7 by J aftie6 'R • W i I kt n51'= Notary Public My Commission Expires Gel yu !,24 2-Gi, 2-oo8 File #3800WG/2006 TND REZONING/EAW WILLOW RUN Community Design Modification Document November 18, 2006 Current Owner: Greystone Properties LLC Miller and Smith at Willow Run L.L.C. Willow Grove L.C. 740 LLC 750 LLC Contact Person: Evan Wyatt, AICP �G �Fwun'Y,' V F-- maP��[,--,Uoc� 151 Windy Hill Lane Founded ;n 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9528 Surveyors www.greenwayeng.com MODIFICATION #1 § 165-68 Rezoning Procedure — Master Development Plan Ordinance Requirement In order to have land rezoned to the R4 District, a master development plan, meeting. all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. Alternative Design Standard In order to have land rezoned to the R4 District, a master development shall be submitted with the rezoning application. The rezoning and master development plan shall be reviewed and approved following the procedures described in Article II of this chapter. The master development plan shall be submitted as a proffered condition of the rezoning and shall serve as an overall guide for the development of the R4 District property. The following items will be considered as flexible design elements of the master development plan and will be permitted to be modified through subsequent master development plan submittals without the requirement for conditional zoning amendments as specified in § 165-13D of this chapter. Master Development Plan Flexible Design Elements ➢ The Proffer Statement and Community Design Modification Document may be referenced on the Master Development Plan but does not have to be included as a required information item ➢ The scale of the Master Development Plan may exceed 1:100 provided that the information is legible at a scale acceptable to the Planning Director. ➢ A schedule and boundary of phases will not be required for the R4 District to allow for multiple product types to be developed simultaneously provided that the public and private streets and alleys serving the land uses are constructed to base pavement and bonded prior to building permit issuance. ➢ Acreages of environmental features will be provided on the initial master development plan and may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are met. ➢ Acreages and percentages of disturbed and protected land in environmental features and open space may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are met. Willow Run Community Design Modification Document 0 J A NN 2 3 2.007 ��i��ti 1yry I�1 • ➢ Acreages in housing type and road right-of-way may be modified due to design revisions and/or development constraints. ➢ The total number of dwelling units by type may be modified provided that the totals do not deviate from the minimum and maximum percentages established in the proffered Willow Run Community Residential Unit Matrix. ➢ The location and required type of recreational facilities may be modified provided that an equivalent recreational facility value is provided and the value is approved by the Parks and Recreation Director. ➢ The location of internal public and private streets and alleys that are not identified in the Comprehensive Policy Plan may be modified due to design revisions and/or development constraints. ➢ Cul-de-sac road systems may be redesigned to continue street systems into adjoining properties. ➢ The location and arrangement of street entrances, driveways and parking areas may be modified to accommodate future commercial development, design revisions and/or development constraints. ➢ The location of schematic utility layouts will be provided on the initial Master Development Plan and may be modified due to design revisions and/or development constraints. ➢ The location of additional stormwater management facilities may be provided on subsequent Subdivision Design Plans for the Willow Run Community. ➢ The road names provided on the initial Master Development Plan may be revised • if the new road names are approved by the GIS Director. 0 Justification A Master Development Plan (MDP) is intended to promote orderly and planned development and to illustrate the characteristics of the planned development and surrounding properties. Within the R4, Residential Planned Community District, the MDP is identified as a document meeting all requirements of Article XVIII that is submitted as a proffered condition of the rezoning application. Certain required design elements of the MDP will inevitably be modified throughout the development process of a community the size of Willow Run. Therefore, the ability to allow for minor revisions to the MDP for the required design elements identified above without the requirement for a rezoning amendment public hearing process is justified. Willow Run Community Design Modification Document 2 0 • 0 NOT • MODIFICATION #2 § 165-69 Permitted Uses L1 • Ordinance Requirement All uses are allowed in the R4 Residential Planned Community District that are allowed in the RP Residential Performance District. Alternative Design Standard Residential housing types other than those permitted in the RP Residential Performance District may be allowed in the R4 Residential Planned Community District. The Board of Supervisors shall have the approval authority for new residential housing types. Information describing the residential housing type, the minimum lot area, the minimum lot width, minimum yard setbacks for principal and accessory structures, maximum building heights for principal and accessory structures, and minimum on -lot parking spaces is required to be provided for review and approval by the Board of Supervisors. The dimensional standards for all permitted residential housing types shall be included as information on the proffered Master Development Plan. Justification Willow Run has been designed to provide for a complete range of housing product types in an urban landform which is consistent with Traditional Neighborhood Development design. The residential housing products permitted in the RP Residential Performance District promote dimensional standards that are consistent with conventional suburban land form which does not lend itself towards the more compact design associated with traditional neighborhood development. The nine housing product types proposed for Willow Run creates a mix that allows for a residential market ranging from starter homes through retirement homes. Therefore, the ability to utilize these housing product types with specific dimensional requirements for all components of the developed lot is justified. Willow Run Community Design Modification Document • 0 • r�llir�. i=ront` Yard Min. Side Yard `' Min, Setbackfrom Front porche Mtn. Dock Min. Setback Deck Chin. Garage Interior Min, Lot setback mini ltim Lot Min. Floor Min. Setback Distance Setback on Interior dousing Area From i W pr to Lot Stoops, an S@tbat k to Interior Lot Line Side Setback R ar. Maximum Min. On Lot Line Side Yard/Rol Inez $tops May Detached Accessory l Housing Name Width at Yard Setback Between Dwelling Lot Line Y' r Or Ya Rear g it i Parking Garage ard/co ner Lot ( rd/ a u d ng ar ng Uttiit Tyne Square Prnrate ° Lot (Or $nd Unit 13xtend Into', Duilding Max. Height i Dwelling to Dwelling Units Side/Oombinod iota From End Unit Townhouse) Yard Abutting Height Spaces Townhouse) Side Front Yard Poet Street to f Side Yard Setback Dwelling k Corner Lot I Street/Alley Side Yard Open Space Yard " Setback ... MEMO . Alley . .. 1 1 I1 ley etGarage) Townhouse Alley , Attached Garage ,,, , , , Condominium 30' public Willow Run Minimum Residential Dimensional Standards 18-Nov-06 Greenway Engineering File#3800WG/EW/adf i STREET N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com Villow Run W I N C H E S T E R. V I R G I N I A • STREET STDEWALK 15'BRL 18' PORCH 5' PORCH GARAGE GARAGE a o LO � �' 110' 10' 10' 5' 20' BRL 20' BRL 50 45'—�I 45' SINGLE FAMILY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINEPHSTE VA. 2662 illow Run Founded in 1971 TELEPHONE: (540) 862-4185 : Engineers FAX: (540) 722-9528 W I N C H E S T E R. V I R G I N I A Surveyors www.greenwayeng.com STREET 20 " 18 ' ALLEY 45' SINGLE FAMILY ALLEY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com illow Run W I N C H E S T E R, V I R G I N I A 11 Founded in 1971 Engineers Surveyors GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 TELEPHONE: (540) 662-4185 FAX: (540) 722-9526 www.greenwayeng.com STREET 55'ow 'illow Run W I N C H E S T E R, V I R G I N I A STREET GARAGE GARAGE GARAGE TOWNHO GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com illow Run W I N C H E 5 T E R. V I R G I N I A • Al STREET 10'BRL I PORCH PORCH POF2CH 5 ' PORCH PORCH 10' 24' 24' 24' 2 24' 24' TOWNHOUSE 58' I O GAF AGE GARAGE GARAGE 1-4 GARAGE O O GARAGE 18' BRL 18' BRL 20 18 ALLEY 24' TOWNHOUSE ALLEY LOTS N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com m HIMw Run W I N C H E S T E R. V I R G I N I A Founded in 1971 Engineers Surveyors 100 GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 TELEPHONE: (540) 662-4165 FAX: (540) 722-9528 www.greenwayeng.com STREET DUPLEXES N.T.S. E- W W E- Y) -Nillow Run //W I N C H E S T E R. V I R G I N I A 75' 75' 8 ' PORCH PORCH 20 ' BRL GARAGE GARAGE 49' M-; -0 45' GARAGE GARAGE 8 ' PORCH j2 BRL - 18 ' PORCH l T GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 Engineers FAX: (540) 722-9528 Surveyors www.greenwayeng.com w PORCH GARAGE 8 ' PORCH PORCH BRL GARAGE GARAGE PORCH GARAGE 1i�18� a `OCQ 40' 49' 45' 40' w t� 1 Rvt GARAGE GARAGE GARAGE GARAGE PORCH 8' PORCH •- - 0' BRL -�- - - PORCH PORCH - SIDEWALK STREET MULTIPLEX AGE RESTRICTED N.T.S. i'llow Run W I N C H E S T E R. V I R G I N I A • Mr. Evan Wyatt, AICP Re: Willow Run Rezoning Proposal November 28, 2006 Page 2 around the Penbrook-Cove farm complex but the foundation of the burned house had not been located. A more detailed study should be conducted to locate the foundation of the house that burned down at this complex, as well as additional studies around the foundations of the existing buildings. A Phase I environmental study should be conducted on the site (followed by further studies if warranted — Phase 11 archeological/environmental) before construction on the site begins. The applicant should utilize the Virginia Department of Historic Resources to determine additional areas of interest for archeological studies. The property owners should consider preserving the 750 and 740 houses; these houses are landmarks on the site and should have permanent protection through the rezoning proffers. The HRAB felt that the residential designation encompassing the 750 and 740 houses was inappropriate, as well as the adjoining commercial use, and requested that viewshed preservation measures be taken into consideration. • As stated previously, the 750 House (Baker, Jacob House) is eligible for the State • and National Registries because of its architecture. The property owners should pursue placing the 750 House on the State and National Registries. In lieu of this same comment from last years meeting, the HRAB also felt that the 750 and 740 Houses should be placed into conservation easements. Staff will provide the property owner with conservation easement opportunity information. The HRAB requested that archeological preservation proffers be provided within the rezoning proposal to help further mitigate impacts on the historical properties within the rezoning. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Kevin T. Henry Planning Technician KTH/bad cc: Rhoda Kriz Gene Fisher, Shawnee District Supervisor Susan Eddy, Senior Planner BOARD of TRUSTEES 0 is L Nancy H. Hess Yc. chnk Kris C. Tierney T'.ow:w D. Eveland Newman Mani M.edM : John P. Ackeriy III Joseph E. Callahan Vincent F. Callahan Faye C. Cooper John D. Crim II James A. Davis Beverley H. Fleming Kay D. Frye Susie M. Hill Richard R. G. Hobson Dorwvan E. Hower Kathleen S. Kilpatrick Richard B. Kleese Allen L "x6back John W. Mountcastle Alexander L. Rives James L. White Doreen S. Williams I* L Zontine Howard J. Kitbll 18 August 2004 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 66602 RE: Willow Run Mixed Use Development Dear Evan: This is in response to your letter of 9 August 2004 concerning the Shenandoah Valley Battlefields Foundation's interest in the remnant of core area land that is part of the First Winchester battlefield in Frederick County. This property is part of the Willow Run Mixed Use Development proposal. As we discussed, the federal funds the Shenandoah Valley Battlefields Foundation receives from congress may not be used to purchase land on the First Winchester battlefield. (The battlefield was not included in the 1996 enabling legislation for the National Historic District, hence we are not able to use our appropriated funds to purchase land there.) Because of this the Battlefields Foundation does not funds for the property in question nor has it had plans to acquire this land. While we do not like to see any battlefield land compromised, given the lack of context and the relatively small size of this fragment of First Winchester the Battlefields Foundation would not pursue other funding sources for land acquisition. We hope that if the development project proceeds and Jubal Early Drive is extended as planned that due consideration be given to both the historic and environmental issues on this property. Thank you for bringing this matter to our attention and providing the opportunity to consider the possible impacts to the land. Please contact me if you have any questions about this response. Sincerely yours, 4 u� Howard J. Kittell Executive Director Shenandoah Valley Battlefields Foundation Post Office Box 897 New Market, Virginia 22844 ph: 540.740.4545 / 888.689.4545 fx: 540.740.4509 www.SkenandoahAWar.org 5 February 23, 2006 Evan Wyatt, AICP Greenway Engineering 1.51 Windy Hill Lane Winchester, VA 22602 RE: Change of Limited Access Control — Route 37 West Dear Mr. Wyatt: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jri1ey@co.frederick.va.us In response to your letter of February 6, 2006 regarding the above reference matter, please be advised that the Frederick County Board of Supervisors, at its February 22, • 2006 Regular Meeting, unanimously voted to endorse/support a break in access on Route 37 West at the location of the future extension of Jubal Early Drive. Further, the Board approved your request for Frederick County to serve as requestor for this change in limited access control. The Board looks forward to working with you and VDOT to bring this change in limited access control to fruition. Should you have any questions or require additional information, please do not hesitate to contact me. Sincereiy, NRRilevy,Jr. County Administrator JRR/jet 107 North Kent Street • Winchester, Virginia 22601-5000 0 04 WINrs� CITY OF WINCHESTER, VIRGINIA �RCIt�P October 11 , 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Re: Break in Access on Route 37- W. Jubal Early Drive Interchange Dear Evan: Rouss City Hall 15 North Cameron Street Winchester, VA 22601 540-667-1815 TDD 540-722-0782 In response to your request on behalf of Greystone Properties and Miller and Smith at Willow Run, please be advised that City of Winchester supports your clients' attempts to secure a break in access approval from the Commonwealth Transportation Board for the proposed Route 37 Interchange at W. Jubal Early Drive in the vicinity of the current Merrimans Lane overpass. The • City supports for this action is evidenced by the attached resolution adopted by City Council on October 10, 2606. We look forward to working with you in this regard. Should you have any questions or require additional assistance, please do not hesitate to contact me at 540-667-1815. Sincerely, a" C 6e� Edwin C. Daley City Manager cc: John Riley • f- OCT 1 3 2006 0 04 W1N�� *HE COMMON COUNCIL �kclt�P Rouss City Hall 15 North Cameron Street Winchester, VA 22601 540-667-1815 TDD 540-722-0782 www.winchesterva.gov Leticia Chavez, Deputy Clerk of the Common Council, hereby certify on this 11`4 day of October 2006, that the following :esolution is a true and exact copy of one and the same adopted by the Common Council of the City of Winchester, assembled i regular session on the 10`h day of October, 2006. RESOLUTION SUPPORTING A BREAK IN ACCESS ON ROUTE 37 TO -PERMIT THE W. JUBAL EARLY DR1 117E INTERCHANGE WHEREAS, the Commonwealth Transportation Board (CTB) is authorized to consider requests for breaks in access on tate-owned limited access highways such as Rte 37 in Frederick County, and; WHEREAS, a request for break in access on Route 37 has been made to the CTB by the developers of the Willow Run roject in western Frederick County adjacent to the City of Winchester, and; reseWHEREAS, the Willow Run project entails the construction of W. Jubal Early Drive extending westward from the current terminus at its intersection with Meadow Branch Avenue in the City of Winchester and connecting to Route 37 at a new iterchange in the vicinity of the present Merrimans Lane overpass, and; WHEREAS, the alignment proposed by the developer is consistent with the recently adopted Win -Fred MPO Long -Range ransportation Plan as well as the City of Winchester's adopted Comprehensive Plan, and; WHEREAS, the Frederick County Board of Supervisors, at its meeting on February 22, 2006 unanimously approved a etter of Support for the break in access for this interchange and further agreed to serve as official Requestor of the break in access. NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Winchester, Virginia, hereby .ipports the requested Route 37 break in access to permit the W. Jubal Early Drive interchange as shown on adopted transportation lans and as official requested of the CTB by the Frederick County Board of Supervisors on behalf of the Willow Run developer. ;esolution No. 2006-32. ADOPTED by the Common Council of the City of Winchester on the loth day of October, 2006. Vitness my hand and the seal of the City of Winchester, Virginia. Leticia Chavez Deputy Clerk of the Common Council 0 0 CITY OF WINCHESTER, VIRGINIA October 11, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Dear Evan, Rouss City Hall 15 North Cameron Street Winchester, VA 22601 540-667-1815 TDD 540-722-0782 On Tuesday, October 10, 2006, the Winchester City Council acted on the following request: •SD-05-07 — Request of Greenway Engineering for final subdivision approval for the construction of W. Jubal Early Drive zoned Planned Commercial, PC District and High Density Residential w/ Planned Unit Development Overlay, HR(PUD) District. City Council approved the request subject to the following conditions: 1. Working with Winchester & Western Railroad for an at -grade rail crossing as depicted on the plan & profile drawings; 2. Staff review and approval of the plans and plats, including securing approval for disturbance in the City's floodplain; 3. Satisfactory negotiations of provisions for Fire and Rescue services from the City of Winchester; and, 4. Developer contributing funds to offset the costs of improvements to City intersections prior to opening the extended roadway into the County. The forth condition above is understood to be accomplished as stated in the September 26, 2006 version of the Transportation Enhancement Proffer #13 which calls for a monetary contribution totaling $100,000 to the City. Please call if you have any questions. Sincerely, F *JhA. Youman� ! OCT Planning Director 2U�6 I 3 �. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 September 19, 2006 Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Willow Run Internal Street System Design Exceptions Dear Mr. Wyatt: This letter serves to confirm that on August 28, 2006 you presented the internal street design of the Willow Run project to the Frederick County Transportation Committee. Included in your presentation was a description and explanation of the four street design exceptions of which you are seeking approval from VDOT. Those exceptions and number of occurrences as you presented at the meeting are as follows: 1. Intersection Spacing - Nine occurrences with all but two of them taking place in the age - restricted enclave portion of the development, and the remaining two are located on Willow Run Drive. 2. Cul-de-sac Radius - Three occurrences. 3. Pavement Width - Two segments of connector road between Jubal Early Dr. and Cedar Creek Grade. 4. Centerline Radius - Three occurrences with two of them located in the age -restricted enclave portion of the development, and the remaining one located on a non -major roadway. After your presentation, there was a significant amount of discussion within which members of the Committee pointed out that this `neo-traditional' style of development, as is being pursued with Willow Run, is what the Urban Development Area (UDA) Study Committee has been moving toward in their efforts. The Committee voted unanimously to "endorse the concept" that you are promoting with the design of the development. Please call me at (540) 665-5651, if you have any questions or to discuss this proposed project. Sincerely, "7 John A. Bishop, Jr. Transportation Planner JAB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Willow Run Rezoning Review Agency Comments E !STREET 10 2 6 24 I[. CONDOMINIUM• N.T.S. GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 Founded in 1971 TELEPHONE: (540) 662-4185 illow Run Engineers FAX: (540) 722-9528 W I N C H E S T E R. V I R G I N I A Surveyors www.greenwayeng.com 0 • MODIFICATION #3 § 165-71 Mixture of Housing Unit Types Required • Ordinance Requirement No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak -link townhouses, townhouses, garden apartments or any combination of those housing types. Alternative Design Standard A maximum of 60% of the area of the planned community designated for residential land use may be used for single-family attached and multifamily housing types. Justification Planned community design promotes a mixture of residential housing types to create a community that is available to a variety of age groups and income levels. Willow Run provides for the development of nine housing product types including single-family detached units, single-family attached units, multifamily units and age -restricted units. A residential unit matrix has been developed that establishes a minimum and maximum percentage of these various residential units to ensure that there is a sufficient mixture of residential housing product types. This residential unit matrix is a component of the proffer statement and is also included in this document for reference. The use of the residential unit matrix is a better tool to control residential unit mix than residential development area percentages; therefore, the proposed modification will allow for the implementation of the proffered Master Development Plan design for Willow Run. Willow Run Community Residential Unit Matrix Category Minimum Maximum % Housing Types Permitted % of Units of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD lot; Detached 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Weak - Attached Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2°d Floor Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex Willow Run Community Design Modification Document 4 0 • • MODIFICATION #4 § 165-72D Commercial and Industrial Areas Ordinance Requirement A minimum of 10% of the gross area of the project shall be used for business and industrial uses. Alternative Design Standard A minimum of 9% of the gross area of Willow Run shall be used for commercial land use. Justification Willow Run is approximately 360 acres; therefore, a minimum of 36 acres is required to be used for business and industrial uses. The West Jubal Early Land Use Plan (WJELUP) • does not recommend the development of industrial land use within the study area boundary and recommends the development of commercial centers at the intersection of Jubal Early Drive and the north -south major collector road and at the intersection of Cedar Creek Grade and the north -south collector road. These commercial centers are adjacent to Route 37, with the northern commercial center located adjacent to the new Route 37/Jubal Early Drive interchange. The northwest quadrant of this commercial center is currently traversed by Merriman's Lane which will be abandoned by VDOT once the new Route 37/Jubal Early Drive interchange is developed in Willow Run. The Applicants will obtain the Merriman's Lane right-of-way once it is abandoned by VDOT and will process a rezoning application to incorporate this additional acreage into the Willow Run commercial center. This will provide a minimum of 36 acres of gross commercial land area for Willow Run. C] Willow Run Community Design Modification Document 5 i • • MODIFICATION #5 Ordinance Requirement § 165-72G Buffers and Screening Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Alternative Design Standard A road efficiency buffer shall not be required along both sides of Sandyridge Boulevard throughout the residential portion of Willow Run provided that all residential units are alley served and the street typical section provides for a raised landscaped center median and street trees between the back of curb and the residential units. Justification Traditional Neighborhood Development (TND) design promotes the development of residential lots that are oriented to the public street, which are served by private alley systems. Residential structures are typically 15-20 feet from the public right-of-way which is not conducive to road efficiency buffer standards. Sandyridge Boulevard is identified as a major collector road in the West Jubal Early Land Use Plan (WJELUP) which requires the provision of a road efficiency buffer. The proffered Master Development Plan for Willow Run designs Sandyridge Boulevard with a raised landscaped center median with on -street parking and street trees between the back of curb and the sidewalk. This landscaped street design is consistent with TND design practice and is a reasonable substitute to the road efficiency buffer requirement. Willow Run Community Design Modification Document • 0 • MODIFICATION #6 § 165-72I Road Access Ordinance Requirement The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. Alternative Design Standard Residential and nonresidential land uses within the R4 District may be served by public streets dedicated to the Virginia Department of Transportation (VDOT) or by private streets and alleys that are owned and maintained by the Willow Run Homeowners Association. The typical sections for all public streets, private streets and alleys shall be incorporated as a component of the proffered Master Development Plan for Willow Run. . Justification 0 Traditional Neighborhood Development (TND) design promotes the development of residential lots that locate residential structures closer to the public street which are served by alley systems. Several of the housing product types proposed within Willow Run utilize rear loaded attached and detached garage units that are served by private alleys, while single-family detached units adjacent to Route 37 utilize private streets for access. The design standards for these private road systems are identified on the proffered Master Development Plan for Willow Run. These design standards are reviewed by VDOT and County staff; therefore, the ability to utilize a system of public and private streets and alleys within Willow Run is justified. Willow Run Community Design Modification Document 7 • • Greenway Engineering 0 September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# I— Oho Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the 0 File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 2 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 • Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. • The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. • 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File #3800WG/2006 TND REZONING/EAW • • • • Greenway Engineering • September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2nd Floor Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Homeowners' Association or sub -association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. File #3800WG/2006 TND REZONING/EAW Greenway Engineering 0 September 1, 2005 4 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 • Revised June 27, 2006 d Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right-of-way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #5 of this Proffer Statement. The Applicants proffer of right-of-way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal of dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association Declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 • Revised June 27, 2006 Revised September 26, 2006 C;7b I rt Revised October 24, 2006 Revised November 18, 2006 3. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 4. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 6001h dwelling unit, exclusive of building permits for model homes. 5. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600th dwelling unit, but no later than the issuance of the 1,000`h dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities -➢- Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and Ml, Light Industrial District that are not otherwise permitted in the B2, Business General District. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 6 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be des i ned and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600`h residential File #3800WG/2006 TND REZONING/EAW • i Greenway Engineering September 1, 2005 7 Revised November 4, 2005 Revised Revised ovember 3 05 May 18,006I;JI"IT • Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 6001h residential building permit. Additionally, the Applicants hereby proffer to provide right- of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to dedicate the right-of-way required for the completion of Jubal Early Drive, the Route 37 northbound on and off ramps and the Merriman's Lane realignment within five years of Rezoning and Master Development Plan approval if these transportation improvements are not constructed. 8. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. File #3800WG/2006 TND REZONING/EAW 0 Greenway Engineering September 1, 2005 8 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 ;; ( �e, Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 10. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Mer iman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 11. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 200th residential permit. 12. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 13. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 14. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 200th residential building permit, exclusive of model homes. 15. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of rezoning approval with the remaining payments being made in 12 month increments from the date of the first payment. Said monetary contribution may be utilized as matching 10 funds for transportation programs utilized by the City of Winchester. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 9 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 16. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 17. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a Mminimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the Homeowners' Association or sub -association for the Willow Run community. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Section B(3) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 t0 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 n • �' Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the Homeowners' Association documents which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2006 TND REZONING/EAW 0 • Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 F.) Community Recreation III 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the Homeowners' Association or sub -association for Willow Run. Additionally, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600'' residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 60`" age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the Homeowners' Association or sub -association for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. File #3800WG/2006 TND REZONING/EAW 0 Greenway Engineering September 1, 2005 12 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 • Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub -association for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre manmade water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection • 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association ("HOA") or sub -association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Homeowners Association 1. A Homeowners Association (HOA) or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management File #3800WG/2006 TND REZONING/EAW 9 0 • C1 Greenway Engineering a C. September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 13 facilities not otherwise dedicated to public use or maintained by commercial entities. Maintenance of private streets and alleyways. Residential curbside trash collection. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the association or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the Association. I.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 , • Revised June 27, 2006 N0 �• C tJ R- l�T Z Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. • 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners Association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`BMW") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW 0 C� Greenway Engineering • J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 O The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the -Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: W,il' ow Grove L.C. • oni loirginia, City/County of Iacvacd To Wit: Date The foregoing instrument was acknowledged before me this +Lday of Dnn My Commission Expires 0 .T® L c W C� Notary P \k���1 • • 0 Greenway Engineering P Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property: In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, 'the foregoing proffered conditions shall' apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By:.// 740 LL Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this - day of 20 Np, by My Commission Expires o-C)1 0 File 113800WGI2006 TND REZONING/EAW • • • Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 7,6 LLC C-o eerhw€alth-oLYirgin-ia,- City/County of e"Ce"j :zc c" To Wit: Date . -4n The foregoing instrument was acknowledged before me this of LQ(fC' . 2U L by --i 50 LL \\\Nllllllltil�`r��, •`�� V N 1 � 504 #kl704o h %2� aiaondo�Qpo�' C��\ /Iltllliillll\ • 11 • Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 18 ,a@ OT �fl�w �i':rja7 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. i By: Miller and mith Willow Run L.L.C. Date Commonwealth of Virginia, City/County of icc;�C. To Wit: The foregoing instrument was acknowledged before me this -�50 day of 04VI t n IVY—,-C 20 0 (o by _ re --•���(\ la v� �'�ci C (` � �- �� ti 1 i��� cL ►ti�� � 1`�� ►'-4-�� Ci�-� �.���i 11 rz� � � �� , �. f �, :�� p;A'�Cl Notary Public My Commission Expires "j I�� k I --a-c-ucj File #3800WG/2006 TND REZONING/EAW L' 0 • • Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 19 NOT The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. y.� Greystone Properties LLC Commonwealth of Virginia, i b I D ate Cit 1County of -fired e r, (-K To Wit: The foregoing instrument was acknowledged before me this day of Ib 20Ql, by -\�• W,\Y<,y,S ,=7 , � m CaI Mi55&o, Vj AeS5,1 cci- ►y1- k) I I otary Public My Commission Expires L�Q- h.Uc -:)o Qc)o?p File #3800WG/2006 TND REZONING/EAW HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 S 307 EAST MARKET STREET 9 EAST 805CAWEN 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 Iawyersr@hallmonahan.com STEVEN F. JACKSON October 23, 2006 DENNIS J. MCLoUGHLIN, JR. HAND -DELIVERED Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Willow Run Proffer Statement Dear Susan: "T 2 3 ?r,,o6 PLEASE REPLY TO'. P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced Proffer Statement. It is my opinion that the Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. It is noted that the project name on the front of the Proffer Statement is "Willow Run", and that that same name is used on the Master Development Plan. However, throughout the Proffer Statement, the project appears to be referred as "Willow Run Community". The name of the project should be consistent throughout. SECTION A -RESIDENTIAL LAND USE 2. In Paragraph A(3), the range of different type of residential units are set forth in a chart. It should be noted that the range is set forth in terms of a minimum and maximum percentage. It is assumed that this is a percentage of the • HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Susan K. Eddy October 23, 2006 Page 2 total number of residential units permitted (1,390). It should be noted that there is no proffer related to the tinting of the construction of various types of residential units. Therefore, theoretically, the entire component of a certain type of residential unit could be fully built before any other residential unit types are built. (For example, over 400 multi -family units could be the first units constructed in the project). B. COMMERCIAL LAND USE 3. In Paragraph B 3 reference is made to "Sandyridge Drive" (Main Street)". On the Master Development Plan (Sheet 2 of 11), the street appears to be named Sandyridge Boulevard. Also, I did not see any reference on the Master Development Plan to a "Main Street". Further, it is not clear to me, but perhaps it is clear to staff, what this proffer is seeking to accomplish. It appears that Jubal Early Drive and Sandyridge Drive intersect and that there are proposed to be commercial buildings fronting on Jubal Early Drive. Therefore, it is hard for me to visualize how there would not be parking between those buildings and Sandyridge Drive, unless all of the parking for those conunercial buildings would be located between the buildings and Jubal Early Drive. 4. With respect to Paragraphs B 4 and 5, the proffer guarantees the completion of a certain amount of square footage of "conunercial land use." I am concerned that this may be considered to include parking lots, which I do not think is intended. Should it refer to "10,000 square feet of conunercial floor space"? Also, it should be noted that there is no requirement for the construction of conunercial space until 600 dwelling units have been constructed, and that there is no commitment for the construction of commercial space in excess of 20,000 square feet for the entire project. 5. The staff should review the excluded uses in Paragraph B 6 to see if there are other permitted uses which should be excluded. 0 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy October 23, 2006 Page 3 C. MASTER DEVELOPMENT PLAN 6. I find the wording of Paragraph C I to be somewhat confusing. I believe that the purpose of the second sentence is to set forth the intention of the Master Development Plan to delineate the general location of certain elements of the development. The third and fourth sentence would appear to identify certain things in the Master Development Plan that are flexible and can be modified without a conditional zoning amendment. That being said, it seems to me that the phrase "but could be modified in such a manner to acconunodate engineering constraints" should be deleted from the second sentence, as the third and fourth sentences identify those things that can be modified. In addition, the fourth sentence makes reference to Modification #1 - Master Development Plan Flexible Design Elements, which is submitted as a proffered document. Therefore, as a proffered document, it becomes part of the proffers. In reviewing Modification # 1, the two bullet points at the bottom of page 1 of Modification # 1 contain the words, at the end of each statement, "minimum ordinance standards are not exceeded." This does not seem to make much sense to me, and I would think the wording should be "nunimum ordinance standards are met." D. TRANSPORTATION ENHANCEMENTS 7. In Paragraphs D 7, 8, 9, and 11, I would recommend that there be some timing requirement for executing the referenced signalization agreements, perhaps with 30 days of being requested to do so by the County and/or VDOT. Also, there should be a timing conunitment to the construction of the roundabout referenced in Paragraph D 7. 8. Staff should review Paragraph D 10 to detennine whether the language of the last sentence is sufficient to be able to determine if and when the referenced improvements could be required to be constructed. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy October 23, 2006 Page 4 E. MONETARY CONTRIBUTIONS 9. I assume that the Physical Impact Model breaks down contributions so that the County would be able to determine how to allocate the monetary proffers contained in this Proffer Statement. 10. In Paragraph E 5, I am not sure that the provision that the cap of 4% per year be non-coinpounded is appropriate as a CPI is normally applied to show the increase in the index over the prior year's index. F. COMMUNITY RECREATION 11. In Paragraph F 2, it should be noted that the age -restricted community center may not be built until all of the age -restricted units are built, and only if the minimum required number of age -restricted units (5%) is actually constructed. H. CREATION OF HOMEOWNERS ASSOCIATION 12. In Paragraph H 2, reference is made to design guidelines "established by the Applicants." Are these guidelines to beset forth and made apart of the Proffer Statement, or does this proffer mean that the Applicants will establish design guidelines without revi.ew by the County? I. ENVIRONMENTAL 13. In Paragraph 11, it is not clear to me whether the DSA boundary is on the Master Development Plan, or is to be put on the Master Development Plan at some future time. Since the Master Development Plan is made a part of the proffers, it would appear that the DSA boundary would need to be delineated before the rezoning is completed, and that the proffer would recite that a DSA boundary is delineated on the Master Development Plan. .. i HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy October 23, 2006 Page 5 As previously noted I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. RTM/ks Very truly yours, Robert T. Mitchell, `Jr: E HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 a 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-562-3200 ROBERT T. MITCHELL, JR. FAx 540-GGZ-4304 JAMES A. KLENKAR E-MAIL lawyera@hallmonahan.com STEVEN F. JACKSON January 23, 2007 DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 !AN 2 3 2007 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Willow Run Proffer Statement -- Supplementary Review Dear Susan: Pursuant to your request, I have reviewed certain proffers in the Willow Run Proffer Statement dated January 4, 2007. My review is limited to the nine specific proffers listed in your memo to me of January 19, 2007. This review supplements my Proffer Statement review of October 23, 2006, which reviewed the June 27, 2006 Proffer Statement. It is my opinion that the proffers listed below are generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. Proffer A6 (new). This proffer should identify a date by which the Phase I Archaeological Assessment will be completed. 2. Proffer B 1 (revised). In this proffer the Applicants proffer to rezone the right of way associated with the relocation of Merriman's Lane. The Applicants, • 0 HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Susan K. Eddy January 23, 2007 Page 2 of course, cannot rezone the property. I would suggest that this portion of the proffer be amended to state the Applicants will file a rezoning application within sixty (60) days of the abandonment. Also, in the third sentence, I would recommend a clarity that the words "merged and" be inserted prior to the word "absorbed". 3. Proffer B2 (revised). This proffer provides that a five -acre site shall be deeded to Frederick County within ninety (90) days of an executed irrevocable contract for the construction of the aquatic center. The staff needs to determine whether the execution of an construction may require commencement of construction sooner than ninety (90) days. Also, it should be determined whether the County can likely be in a position to execute a construction contract for the aquatic center within three (3) years. Also, is the location of the five acre site established, and, if not, the proffer should provide that the site will be in a location acceptable to the County. 4. Proffer B7 (last two bullets)(new). This bullet seems to presume that all commercial space will be leased. Should the proffer refer to "tenant or owner" rather than just "tenant"? 5. Proffer D5 (revised). In the third sentence, I would recommend that the word "provide" be replaced with the words "dedicate, within 60 days of a request by the County," 6. Proffer D7 (new). The proffer should include a date by which the construction of the extension of Cider- Mill Lane will be completed. 7. Proffer D 10 (revised). I would recommend that the words "in any event" be inserted prior to the word "shall" in the last clause of the second sentence. 8. Proffer D 14 (new). No comment. 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 23, 2007 Page 3 9. Proffer F 1 (revised). It is noted that this proffer calls for the construction of the community center building prior to the issuance of the 600"' building permit. I note that this is a revision from the prior proffer that I reviewed, which provided for the construction prior to the issuance of the 400°i building permit. As I have previously noted in the prior proffer review, I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. ery truly yours, Robert T. Mitchell, RTM/ks �l ERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 November 9, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Willow Run Dear Evan: I have had the opportunity to review the draft rezoning application for the Willow Run Property. The application seeks to rezone 359.97 acres from the RA (Rural Areas) District to the R4 (Residential Planned Community) District. While the application proposes a mixed use development, as called for in the current Comprehensive Policy Plan for large Urban Development Area (UDA) sites, the commercial component is inadequate. The overall layout is generally consistent with the Western Jubal Early Land Use Plan, although this plan calls for a larger, single concentration of commercial uses. It is encouraging though that the proposal does include some of the traditional neighborhood design (TND) features that are being advocated in the County's emerging UDA study. Below are specific issues that should be addressed with this rezoning. 1. Western Jubal Early Land Use Plan (WJELUP). The subject properties are within the area covered by the Western Jubal Early Land Use Plan as adopted by the Board of Supervisors on January 11, 2006. This plan is a component of the Comprehensive Policy Plan. WJELUP calls for one large commercial concentration along Jubal Early Drive, rather than the two smaller clusters proposed. 2. WJELUP — Commercial. The WJELUP suggests neighborhood scale commercial development and high end office uses in the commercial areas. Further, it discourages strip commercial development and encourages consolidated entrances. Few details of the commercial component are included in the application, and more attention should be paid to the layout and design of the commercial areas. Most recent commercial rezonings in the County have included proffers associated with design, materials and signage. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E • Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 3. R4 Zoning District — Commercial. §165-72D of the Zoning Ordinance requires a minimum of 10% of the gross area of an R4 development to be used for business and industrial uses. This equates to 36 acres for this property. This proposal does not provide 36 acres of business use. It takes credit for 3.1 acres of land owned by VDOT (the current right-of-way for Merrimans Lane). This is not acceptable. The County has no guarantee that this land will be made available to the applicant and the County cannot guarantee its future rezoning. In addition, proffer 4112, which dedicates a five acre site in the commercial area to the County for an aquatic center, further reduces the commercial component of the site. Please provide 36 acres of conunercial land. You could explore adding land between the pond and the planned commercial development, as this would provide an ideal setting for a use such as a restaurant. (This applicant takes advantage of the density, flexibility and new housing types offered with the R4 Zoning District, therefore the applicant should be prepared to follow the ordinance as regards commercial development.) 4. Traditional Neighborhood Design (TND) — Commercial. Given the TND of this project, it is important to consider details of the commercial sites. These details should include the uses, especially retail and restaurants; incorporating store frontages with display areas, not blank walls; and incorporating traditional signs and entrances along the commercial street to add vitality and avoid dead frontages. Serious consideration should be given to a public area for meeting and resting. The work prepared for the applicant by Streetsense in February of 2006 certainly contains many ideas for how to implement TND in a commercial setting. (This applicant seeks modifications to the VDOT Subdivision Street Requirements on the grounds that it is a neotraditional neighborhood design. In order to justify using alternative standards, the applicant should be prepared to design both the residential and commercial portions of the site in a neotraditional manner.) 5. WJELUP — Transportation. The WJELUP calls for a north/south major collector road. An alternative to the required road efficiency buffer for Sandyridge Boulevard will need to be provided. 6. WJELUP - Transportation. The WJELUP is fundamentally linked to the extension of Jubal Early Drive and the new Route 37 interchange at Jubal Early Drive. If only Phase 1 of the development (599 residential units and a portion of Jubal Early Drive) is built, the application will not be in conformance with the Comprehensive Plan. 7. WJELUP — Environment. The WJELUP recommends restricting development near the filled sinkhole. The MDP only shows this as an open space area. The 0 E Page 3 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 applicant will need to address how the impact of this fill will be mitigated and how the area will now be protected from further sinking. 8. WJELUP — Historical Resources. The WJELUP encourages the protection of the Baker Jacob House and placing it on the Virginia Landmarks Register and the State and National Registers of Historic Places. This needs to be addressed in the application. 9. WJELUP — Education/Public Facilities. § 165-68B of the Frederick County Zoning Ordinance requires R4 developments to dedicate land for facilities necessary to serve the development as described in the Comprehensive Plan. The WJELUP calls for a site for school facilities in this area. The Frederick County School Board on January 18, 2005 passed a resolution requesting 25-30 acres for a multi -campus school site in the WJELUP area. Willow Run is the largest portion of the WJELUP area and will produce the greatest number of homes in this area. (Up to 1,320 non -age -restricted units could be built.) Instead of providing a school site, a cash contribution of $1,000 per non -age restricted unit has been proffered. This proffer does not guarantee a school site, and thus the application is not in conformance with this aspect of the WJELUP, and also not in conformance with § 165-68B of the Zoning Ordinance. 10. WJELUP — Parks. The WJELUP calls for neighborhood parks interconnected with a trail system. Many neotraditional communities use a standard of all residences being within one -fifth (115) of a mile of useable open space. With that standard in mind, some portions of this development, particularly in the area of Julian Drive, will not be well served by recreational amenities. 11. Urban Development Area (UDA) Study. The County's emerging UDA study designates West Jubal Early as a potential urban center. Urban centers are envisioned as walkable urban areas with a larger commercial core, higher densities, and designed around some form of public space or focal point. The applicant is encouraged to incorporate all of these features. 12. Urban Development Area (UDA) Study. In light of the County's emerging UDA study, it is encouraging that a TND is sought by the applicant. Given the applicant's willingness to provide a TND, a number of features, taken from the emerging UDA study, could be incorporated into the Willow Run development. • Mix and integration of a variety of uses. • High quality architecture and urban design (should include building design, high quality building materials such as brick, stone and stucco, as 0 Page 4 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 well as the design of lighting, signage, entrance features, fencing, paving, street furniture, bus shelters, etc). • Community focal points. • Integrated community facilities. 13. Impact Analysis Statement (Mature Woodlands). The application is missing a consideration of mature woodlands as required in the rezoning application. Following a site visit, it is clear that some woodlands merit particular attention. Tree save areas of key woodlands, including the trees and the associated stone wall along Orchard Lane, should be evaluated at the rezoning stage and shown on the MDP. Snow fences around tree save areas are also recommended to further protect the woodlands during the construction phase of the project. 14. Impact Analysis Statement (Soil and Bedrock Conditions). The application does not include information on soil or bedrock conditions which could create construction difficulties or hazards, as required in the rezoning application. Given the known location of a large sinkhole, the applicant will need to ensure that further geotechnical information is provided at the subdivision design stage. 15. Traffic Impact Analysis (TIA). The TIA lacks a section on existing conditions. Although this was included in the original TIA, it should be part of this new TIA for ease of analysis. 16. Traffic Impact Analysis (TIA). The County requires applicants to model the worst case scenario in a TIA. In this case, the applicant has modeled an appropriate number of residential units, but has modeled only 150,000 square feet of office and 225,000 square feet of retail. This represents a FAR of .24. While this FAR is representative of commercial development in the County, it is low for a neo- traditional development, where higher density is encouraged. Consider modeling a larger amount of commercial floorspace. 17. Traffic Impact Analysis (TIA). Since the TIA assumed the completion of Meadow Branch Avenue to Route 50 as background, it is appropriate to include the impact of the 34 acres of recently approved commercial/residential development along Meadow Branch Avenue as background. Please add this. 18. Traffic Impact Analysis (TIA). The Comprehensive Policy Plan calls for Level of Service C or better on roads adjacent to and within new development. Even with the suggested improvements in the TIA, Level of Service C is not provided on adjacent roads. 11 Page 5 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 19. Community Design Modifications — Modification 42. Add a sentence to this alternative design standard that clarifies that the applicant can use any of the traditional RP housing types. 20. Community Design Modifications — Modification 42. As per staff conversation with Mr. Evan Wyatt on September 20, 2006, there are some minor errors on the Minimum Residential Dimensional Standards Table. Correct these errors. 21. Community Design Modifications — Modification 43. This alternative design standard seeks a maximum of 60% of the units to be used for single-family attached and multi -family units. However, the proffered residential unit matrix leaves open the possibility that 80% of the units will be single-family attached and multi -family units. Revise this modification or revise the matrix. 22. Community Design Modifications — Modification #4. All streets should be public as per the ordinance. Alleys may be private. Please revise the wording of this modification. Proffer comments were based on the proffer statement dated October 24, 2006. 23. Proffer Statement A5. This proffer needs a timing element. 24. Proffer Statement B2. The applicant seeks to have the land for the aquatic center count towards its required commercial land and also seeks for the value of the land to count towards the overall recreational values. This is getting credit for two different purposes for land that WJELUP designates for commercial use. It would be more appropriate to locate the aquatic center on land designated for residential use. 25. Proffer Statement B4. The applicant should try to ensure a neo-traditional commercial street frontage. This could include maximum setbacks, provision of storefronts, etc. (See earlier comments.) The proffer as written will not guarantee a neo-traditional layout. 26. Proffer Statement B5 & B6. These proffers guarantee only 10,000 square feet of commercial floor space by the 6001" residential building Permit and an additional 10,000 square feet of commercial floor space by the 1,OOO' residential permit. This is not consistent with § 165-72M(3) of the Zoning Ordinance which requires a reasonable proportion of the nonresidential uses in all phases of the development. While it is clear that the economic viability of the commercial site is linked to the new interchange, the interchange is guaranteed with the 600"' residential permit. By • Page 6 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 proffer, all 1,390 residential units could be completed with only 20,000 square feet of commercial floorspace guaranteed. This defeats both the intent of the R4 zoning district and the principles of TND. Consider phasing a greater amount of commercial floorspace earlier in the development. 27. Proffer Statement B7. The R4 Ordinance allows all uses allowed in the B3 (Industrial Transition District) and the M1 (Light Industrial District). As these are likely not wanted in this development, specifically exclude most of these uses. Further, it will be a challenge in a TND to accommodate gas service stations and self-service storage. Give more thought to their successful integration into this community, or consider excluding them. Further thought should be given to limiting the square footage of any one conunercial use to avoid big box stores in this TND. 28. Proffer Statement — Transportation. The County will need assurance that the major road improvements will be completed even if this development ends with the 599"' building permit. Consider dedicating the land for all of Jubal Early Drive, the relocated Merrimans Lane, Sandyridge Boulevard and the interchange ramps, and bonding their construction, within five years of rezoning approval. 29. Proffer Statement D1. Jubal Early Drive should include a landscaped median as called for in the WJELUP. Consider language for proffers D2-D4 that provides a landscaped median. Also consider landscaping the roundabouts. 30. Proffer Statement D8 & D9. Pedestrian signalization will be needed at these two intersections. 31. Proffer Statement D13. The County will need to be notified every time a payment is made to the City. 32. Proffer Statement D14.' This proffer should not only address all internal subdivision streets, but should reference all streets in the development. 33. Proffer Statement E1. The proffered monetary contribution ($9,078 per residential unit) is based on the 2002 Capital Facilities Impact Model. The County's 2006 Development Impact Model (DIM) projects an impact of $22,098 for each single family detached unit, $15,530 for each townhouse and $8,739 for each apartment. Consideration of current impact is advised. 34. Proffer Statement E2. The proffered age -restricted monetary contribution ($2,000 per unit) is based on the 2002 Capital Facilities Impact Model. The County's Page 7 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 current Development Impact Model (DIM) projects an impact of $4,392 for each age -restricted single family detached unit, $3,338 for each age -restricted townhouse and $3,348 for each age -restricted apartment. Consideration of current impact is advised. 35. Proffer Statement F1 & F2. Details of the community centers are sought. In general, the County expects a community center to be an enclosed, year-round, heated facility with restrooms and kitchen facilities. Outdoor amenities associated with a community center might include a basketball court and a pool. The County's community center requirement was created specifically to address the needs of residents with very small lots, such as those in this development. 36. Proffer Statement F2. The location of the community center for the age -restricted units is inconvenient. It should be placed within the age -restricted development, not across the street from it. The residential unit matrix indicates that a minimum of 70 age restricted units will be constructed in this development. With that in mind, Proffer F2 could guarantee construction of the community center at an earlier stage, perhaps by the 50th age restricted unit. The construction of the center will need to be bonded, and the land for it dedicated, at the onset of this portion of the development. 37. Proffer Statement F3. This proffer needs a timing element. 38. Proffer Statement F4. This proffer needs a timing element. The County's standard for trails is ten feet. 39. Proffer Statement I1. The DSA is not clearly designated on the MDP. 40. Proffer Statement 13. The RPA is not clearly designated on the MDP. 41. Proffer Statement J4. Very little of the wetlands are south of Jubal Early Drive. It is therefore recommended that this proffer also apply to the wetlands north of Jubal Early Drive. This proffer is also missing information on when the landscape plan will be prepared and who will review it. 42. Proffer Statement - General. Consider access for construction vehicles. 43. Other - Residential. Romsey Court, the short cul-de-sac on the north side of Jubal Early Drive, is not a neo-traditional feature, looks like an afterthought and interrupts the scenic open space. Consider eliminating it or moving it further west. 9 Page 8 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 44. Other - Recreation. The County will need assurances that any recreation unit credit going towards construction in communal recreation sites is bonded with each subdivision plan submitted, and that the land for these sites is dedicated in advance. 45. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Public Schools, Frederick County Sanitation Authority, Frederick - Winchester Health Department, City of Winchester, Winchester Regional Airport, Round Hill Fire and Rescue Company, the Frederick -Winchester Service Authority and the Frederick County Attorney. Note: the proffer statement has been sent to the Frederick County Attorney by the Planning Department. 46. Other. Please provide a deed to the property verifying current ownership. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. Please provide a receipt from the Treasurer's office which verifies that real estate taxes for the properties have been paid. In summary, this preliminary application is consistent with some aspects of the Comprehensive Plan and the R4 (Residential Planned Community) Zoning District. It fails, however, to fully address community facilities, lacks a commitment to the commercial component and lacks design standards. All of the comments in this letter and any agency comments should be appropriately addressed before staff can formally accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, jx�� Susan K. Eddy, AICP Senior Planner SKE/bad Page 9 Mr. Evan Wyatt RE: Proposed Rezoning of Willow Run Property November 9, 2006 cc: Greystone Properties, LLC, 13 South Loudoun St., Winchester, VA 22601 Miller & Smith at Willow Run LLC, 8401 Greensboro Drive, Suite 300, McLean, VA 22102 Willow Grove LC, 720 South Braddock St., Winchester, VA 22601 740 LLC, 720 South Braddock Street, Winchester, VA 22601 750 LLC, 720 South Braddock Street, Winchester, VA 22601 J A N 2 6 2007 40 COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co.frederick.va.us e-mail: fcprd@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP, Planner 11 FROM: James M. Doran, Director of Parks and Recreation; �� SUBJECT: Willow Run Rezoning and Master Developm DATE: January 24, 2007 Thank you for the up -dated material pertaining to the Willow Run Rezoning and Master Development Plan submittal. Based on review of this new information, I have listed our September 12, 2006 comments followed by a revised/additional comment: • Plan appears to provide for required open space; however, no calculations for required or usable open space have been provided. Revised comment - According to the Land Use Table found in the January 19, 2007 revised plan, the developer appears to meet open space requirements. The residents of the age restricted housing units will undoubtedly spend time outside of the development and have an impact on the recreational services provided by the county. Therefore, staff believes a monetary proffer for these units would be appropriate. Additional Comment- Our comment regarding a monetary proffer for age restricted housing units is for consideration by those responsible for determining the appropriate proffers for new development. • Plan appears to provide for the required recreational units; however, specific requirements have not been stated in the plan. Revised Comment- Based on the Recreational Amenities Table provided in the January 19, 2007 revised plan, it appears the developer intends to meet the intent of the county ordinance relative to recreational units. However, Multi -Purpose Fields should offer more than open space and, of the amenities listed, the Pedestrian Park Areas should only be given credit for park benches and ten foot wide trails. Lighting should only be given credit 107 North Kent Street Winchester, VA 22601 as a recreational unit if in support of a recreational component. Lighting used to illuminate the six foot wide sidewalk should not qualify as a recreational amenity. The six foot wide pedestrian trail system, referred to in the proffer statement, should be considered no more than a sidewalk and should not receive credit as a recreational amenity. If the six foot wide pedestrian trail system were to be expanded to encourage multi uses (10 feet in width), it could be considered a recreational facility. To ensure a connection to Cedar Creek Grade, the Transportation Enhancements should offer an area for a 10' wide asphalt bicycle/pedestrian trail along Willow Run to Cedar Creek Grade. Additional Comment- Although this office offered comments regarding the desirability of a ten foot wide asphalt bicycle trail along Sandy Ridge Boulevard, the county may be better served to view bicycle trails within transportation easements as transportation issues and not as a recreational unit consideration. In addition to providing the Proffer Model, staff recommends the Proffer Statement include a list of proposed monetary proffers by agency. Revised Comment- No comment • If this project includes the planning for or construction of a new interchange at Route 37, the proposed Transportation Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over Route 37 at this location. Additional Comment - Although staff offered comments regarding the desirability of a ten foot wide bicycle trail to cross over Route 37, the county may be better served to view bicycle trails within transportation easements as transportation issues and not as a recreational unit consideration. Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 • Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant: Please fill: out the information as accurately as -possible :in order to assist the Virginia Department of Transportation with -their, review.. Attach a:eopy of'your application form, location maps profferstatement:I. ImpAct. analysis,:and any other pertinent information. Applicant's Name: Greenway En ink eerin Telephone: 540-662-4185 Mailing Address: 15.1 Wince Hill Lane Winchester, VA 22602 • Location of property: East of Route 37 and Merriman's Lane Route 621), North of Cedar Creek Grade (Route 622), South and West of the City of Winchester Corporate Limits Current zoning: RA District Zoning requested: R4 District Acreage: 359.97+ Virginia Department of Transportation Comments: See attached email from VDOT to Graanwav Engineering dated OetebevLZ 31, �MlJ6 for details. VDOT Signature & Date: Notice to VDOT — Please Return This Form to the Applicant 0 Willow Run Rezoning 0 0 Page 1 of 1 SEvan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram @VDOT.Virginia.gov] Sent: Tuesday, October 31, 2006 2:20 PM To: Evan Wyatt Cc: 'Eric Lawrence'; 'Susan Eddy'; Ingram, Lloyd Subject: Willow Run Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Routes 621 and 37. These route are the VDOT roadways which has been.considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Willow Run Traditional Neighborhood Development Rezoning Application dated October 24, 2006, received by email October 31, 2006 @ 1:23 p.m., addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition- for review. VDOT reserves the right to comment on all right-of-way •needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. <<SCN_20061031135111 _001.pdf>> Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) • 10/31/2006 • • Control number RZ06-0014 Project Name Willow Run Community Address 151 Windy Hill Ln. Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Date received 8/17/2006 City Winchester Tax ID Number 53-A-90, etc. Date reviewed 8/30/2006 Applicant Greenway Engineering State Zip VA 22602 Fire District 15 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified iPlan Approval Recommended Reviewed By Signature Yes J. Neal Title Date Revised Applicant Phone 540-662-4185 Rescue District 15 Election District Shawnee Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No • +y t AUG 3 0 2006 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 November 6, 2006 Mr. Evan Wyatt AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning Application and Master Development Plan for Willow Run Frederick County, Virginia Dear Evan: We have completed our review of the rezoning application and master development plan for the proposed Willow Run development. In addition to the rezoning application and master development plan, we also reviewed the environmental site assessments for the White and Marshall properties and the wetland delineation study. Based on the review of these documents, we offer the following comments: Refer to Impact Analysis, page 5, Soil Types: The narrative indicates that the applicant plans to conduct a geotechnical analysis throughout the development of the Willow Run Community for road construction, utility installation and within any areas where karst features are present. We applaud this course of action and suggest that it be expanded to include the stormwater retention pond. Also, we suggest that the geotechnical analysis include geophysical methods to expand the subsurface evaluations and delineate any potential cavities and/or sinkholes. The results of the geotechnical analysis shall be submitted with the subdivision design phase. 2. Refer to Impact Analysis, page 11, Drainage: The discussion indicates that a stormwater retention structure will be designed and constructed in the central portion of the development. Considering the karst nature of the underlying geology, the design of this man-made lake /retention pond will, most probably, require an impervious liner to insure long term stability and prevent seepage. The design of the retention pond shall include the preparation of an operation and maintenance manual that can be implemented by the HOA. This manual shall be included with the design calculations for the retention pond at the time of the subdivision design submission. • 3. Refer to the Impact Analysis, Environmental Features Exhibit: This exhibit shall mbe amended to include all of the karst features referenced in the Environent NOV 1 0 200; 107 North Kent Street • Winchester, Virginia 22601-5000 •Willow Run Rezoning Application and Master Development Plan Comments Page 2 November 6, 2006 Assessments (ESA) prepared by ECS for the White and Marshall Properties. These features shall also be added to sheet four (4) of eleven (11) of the master development plan. For your information, I have enclosed a copy of an article recently published by the Winchester Star which is related to the development of a sinkhole along Route 37. This article highlights what can happen within karst geology. Also, note the location relative to the proposed development of Willow Run. The importance of a detailed geotechnical study cannot be over emphasized for the Willow Run Development. 4. Refer to the ESA for the Marshall property: The summary conclusions included in this report highlighted the presence of hazardous waste in the forms of pesticides and petroleum products and contaminated soils. These conclusions recommended remediating these items using proper methods. We request that documentation verifying the proper disposal of these hazardous wastes and contaminated soils be provided to this office prior to issuing the first land disturbance permit. A note to this effect shall be included in the subdivision design documents. We will grant our approval of the proposed rezoning and MDP upon receipt of the minor revisions noted in comment three (3). Is Sincerely, :7 Harvey E Strawsnyder, Jr., P.E. Director of Public Works CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\willow run.wpd • • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Route 37 and Merriman's Lane (Route 621) North of Cedar Creek Grade (Route 622) South and West of the City of Winchester Corporate Limits Current zoning: RA District Zoning requested: R4 District Acreage: 359.97± [Sanitation Authority Comments: D Co",6if�% Sanatation Authority Signature & Date: Notice to Sanitation Authori lease Return This Form to the Applicant • • • 0 Rezoning Comments 4) Frederick —Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622), South and West of the City of Winchester Corporate Limits Current zoning: RA District Zoning requested: R4 District Acreage: 359.97± Fred -Wine Service Authority's Comments: can d crilna as4vctinston #o be, &*M0C 6A �4 ( �� NET. Fred- Wine Service Authority's Signature & Date: \1 ' 5i ub * Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant SEP 2 2006 i 0 0 Rezoning/Master Development Plan Comments Willow Run September 12, 2006 • Plan appears to provide for required open space; however, no calculations for required or usable open space have been provided. • The residents of the age restricted housing units will undoubtedly spend time outside of the development and have an impact on the recreational services provided by the county. Therefore, staff believes a monetary proffer for these units would be appropriate. • Plan appears to provide for the required recreational units; however, specific requirements have not been stated in the plan. • To ensure a connection to Cedar Creek Grade, the Transportation Enhancements should offer an area for a 10' wide asphalt bicycle/pedestrian trail along Willow Run to Cedar Creek Grade. • In addition to providing the Proffer Model, staff recommends the Proffer Statement include a list of proposed monetary proffers by agency. • If this project includes the planning for or construction of a new interchange at Route 37, the proposed Transportation Improvement Program proffer should offer the ability to facilitate a 10' wide bicycle trail to cross over Route 37 at this location. M. Doran, Director ick Co. Parks and Recreation E FREDERICK COUNTY SCHOOL BOARD RESOLUTION EXPRESSING THE NEED FOR THE INCLUSION OF LAND FOR PUBLIC SCHOOLS IN "THE WEST JUBAL EARLY LAND USE PLAN" WHEREAS, a request to expand the Urban Development Area (UDA) to incorporate parcels owned by the White and Marshall families was approved by the Frederick County Board of Supervisors in February 2004; and WHEREAS, a UDA expansion Solenberger/Bridgeforth property; and WHEREAS, a new community of over 600 acres is being land -planned in a portion of the county that was previously agricultural farmland; and WHEREAS, the planned land use will be primarily residential with a mix of commercial and residential uses; and WHEREAS, "The West Jubal Early Land Use Plan" estimates up to 2,400 dwellings that could be built in this area; and WHEREAS, the capital facilities impact model yields up to 1,680 students from "The West Jubal Early Land Use Plan "; NOW, THEREFORE, BE IT RESOLVED that the County School Board of Frederick County, Virginia requests that "The West Jubal Early Land Use Plan" include 25-30 acres for a multi -campus school site; AND BE IT FURTHER RESOLVED that the school site be consistent with the Community Facilities and Services policies in the Frederick County Comprehensive Policy Plan. Resolution dated this 18th day of January , 2005. awrence K. Van Hoose, Chairman Frederick County School Board L 0 Steph M. Kapoc er Coordinator of Construction and Facilities Use Mr. Even Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: FC P Frederick County Public Schools Visit us at www.frederick.kl2.va.us September 19, 2006 e-mail: kapocsis@frederick.kl2.va.us RE: Willow Run Traditional Neighborhood Development Rezoning & Master Development Plan This letter is in response to your request for comments regarding the rezoning application for the proposed Willow Run Rezoning and Master Development Plan project. Based on the • information provided, it is anticipated that the proposed 1515 single family detached and attached homes, and 416 apartments will yield in two phases 304 high school students, 262 middle school students, and 720 elementary school students for a total of 1286 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or 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 schools facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully yours, D Stephen M. Kapocsi Coordinator of Construction and Facilities Use SMK:dkr is cc: Patricia Taylor, Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration NOV 2 2006 Charles Puglisi, Director of Transportation �3sc-CN\6 j 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 gY---PAX,540=662--389 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD NRthe VGNIA WINCHESTER, VIRGINIA 22602 _'I -2422i (540)662 August 21, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Willow Grove, L.C. Shawnee Magisterial District Dear Mr. Wyatt: After review of the proposed rezoning request for Willow Grove, L.C. for proposed residential performance and business use, we offer the following comment: TKe proposed site does lie within airspace of the Winchester Regional Airport and is in close proximity to the approach path for Runway 14/32. Residential occupants should be forewarned that they might experience noise from over flights of aircraft departing from and arriving to the Winchester Regional Airport. We appreciate the opportunity to review these plans and your cooperation in ensuring the continuing operations of the Winchester Regional Airport. Sincerely, o ��1 S. R. Manuel Executive Director 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 28, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Willow Run Rezoning Proposal Location: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622) and west of the City of Winchester Corporate Limits. Property Identification Numbers (PINs):53-A-90, 91, 92, 92A, 9213, 94, 53-3-A, 63-A-2A Zoning District: RA (Rural Areas) Dear Mr. Wyatt: • The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting of November 21, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources as well as information provided by the applicant. Historic Resources Advisory Board Concerns The Rural Landmarks Survey Report for Frederick County identifies the 740 House (Willow Grove #34-89), the 750 House (Baker, Jacob House #34-90) and the Penbrook-Cove Farm (#34-1236) as being on the property. It is the intent of the applicant to rezone this property to the R4 (Residential Planned Community) Zoning District. The HRAB expressed concern that the 740 and 750 houses on the property might be removed. While the current owner does not intend to demolish the structures at this time, future owners' intentions are unknown. Information from the Virginia Department of Historic Resources (VDHR) file states that the VDHR State Review Board determined that the Baker, Jacob House (750 House) is eligible for the Virginia Landmarks Register and the State and National Register of Historic Places. The HRAB recommends approval of the project so long as the following be considered to mitigate impacts on the historic resources: • The applicant stated that a Phase I archeological survey had been done on! t 19 J NOV 2 9 2006 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 ;By.�lX7G. ._ .._.. 0 1�1 E IMPACT ANALYSIS STATEMENT WILLOW RUN REZONING Shawnee Magisterial District Frederick County, Virginia Tax Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))-92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A r 359.97± Acres September 1, 2005 Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 Current Owners: 740 LLC 750 LLC Willow Grove L.C. Greystone Properties, LLC Miller and Smith at Willow Run, L.L.C. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane • Winchester, VA 22602 540-662-4185 Greenway Engineering 0 September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 WILLOW RUN REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of eight contiguous parcels comprising 359.97± acres, owned by 740 LLC, 750 LLC, Willow Grove L.C., Greystone Properties, LLC, and Miller and Smith at Willow Run, L.L.C. The subject properties are located adjacent to and east of Route 37, adjacent to and east of Merriman's Lane (Route 621), adjacent to and south of the Winchester and Western Railroad, north of Cedar Creek Grade, and adjacent to and south and west of the City of Winchester Corporate Limits. The current zoning of the parcels comprising the 359.97±-acre tract is RA, Rural Areas District. The property owners propose to rezone these parcels to create a 359.97± acre Traditional Neighborhood Development that will be zoned R4, Residential Planned Community District. Please refer to the proffered Willow Run Master Development Plan. Basic information • Location: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622), South and West of the City of Winchester Corporate Limits Magisterial District: Shawnee Property ID Numbers: 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))- 92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A, 63- ((A))-2A • Current Zoning: RA, Rural Areas District Current Use: Agricultural and Residential Uses Proposed Use: Traditional Neighborhood Development Proposed Zoning: R4, Residential Planned Community District Total rezoning area: 359.97±-acres 2 • Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 COMPREHENSIVE PLAN The parcels comprising the subject site are located within the study area boundary of the Western Jubal Early Land Use Plan. The Board of Supervisors adopted the policies guiding future land use development within the Western Jubal Early Land Use Plan on February 11, 2004. These policies recommend that the predominant land use should be urban and suburban residential use with areas of mixed residential and commercial land use along the planned route of the Jubal Early Drive extension. A Master Development Plan has been prepared and proffered for Willow Run, which depicts the Traditional Neighborhood Design (TND) elements of the site that will be developed as residential and commercial land use. Additionally, the Applicants' proffer statement provides for a residential unit matrix table that provides for a minimum and maximum percentage of age -restricted, single-family attached, single-family detached and multifamily housing product types. The 359.97±-acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, expansion of the UDA and SWSA beyond the existing property boundaries is not required by this application. • A. SUITABILITY OF THE SITE Access The subject site is accessible from Cedar Creek Grade (Route 622), Merriman's Lane (Route 621), and through the extension of Jubal Early Drive and Cidermill Lane, which currently terminate in the City of Winchester. The extension of Sterling Drive is not proposed due to additional impacts to the wetland areas that have been identified by the Coip of Engineers on the south side of Jubal Early Drive extended. Connections to, and extensions of all other identified roads will provide safe and efficient access to Willow Run. Cidermill Lane is proffered to be constructed and barricaded until the new interchange ramps at Route 37 and Jubal Early Drive are open to the public. The Western Jubal Early Drive Land Use Plan (WJELUP) identifies the extension of Jubal Early Drive in an east -to -west direction through the limits of the subject site and connecting to Route 37 West at a new interchange. Furthermore, this plan identifies a new major collector road, which connects Cedar Creek Grade to Jubal Early Drive in a north -to -south direction. The need for intermodal access is also identified in the land use plan, which recommends the expansion of the Green Circle bicycle and pedestrian facility into the County with linkages to the west and south. The Applicants' proffer statement has been designed to implement the transportation network identified in the Comprehensive Policy Plan. The transportation proffers allow for traffic from the development to access Jubal Early Drive and Cedar Creek Grade 3 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 • during the initial development phases of Willow Run, while access to Route 37 is proffered to occur through the development of new interchange ramps prior to the 600tb residential permit (less than 45% of the total development program). The Applicants' proffer statement also provides for the continuation of the Green Circle along the south side of Jubal Early Drive, with an additional bicycle and pedestrian system traveling south connecting to Sandyridge Boulevard to the southern limits of Willow Run. Floodplains The subject site is located on the FEMA NFIP Map #510063-0115-B. The FEMA NFIP Map identifies floodplain areas associated with Abrams Creek from the north side of Northwestern Pike (Route 50 West) to the west side of Merriman's Lane (Route 621). The limits of the study end at this point; however, it is reasonable to expect the floodplain areas identified as Zone A to continue through the northern portion of the subject site along Abrams Creek to the City of Winchester Corporate Limits. The Applicants have prepared a Phase I Environmental Assessment Report and a Wetlands Delineation Report for the subject properties, a copy of which has been provided to the Planning Department. The Applicants' proffered Master Development Plan delineates the location of the floodplain areas on the subject site that are based on the results of the detailed CLOMR study associated with the extension of Jubal Early Drive. The Applicants submitted the • CLOMR study to FEMA and have received approval to ensure that there are no adverse impacts to the Abram's Creek floodway resulting from the extension of Jubal Early Drive. Protected and disturbed floodplain areas are identified on the proffered Master Development Plan, of which, the impacted areas are only associated with the extension of Jubal Early Drive. • Wetlands The National Wetlands Inventory Map identifies two areas of wetlands along the northern and eastern portions of the 359.97±-acre site. The Applicants have prepared a Wetlands Delineation Report for the subject properties, a copy of which has been provided to the County Engineer and the Planning Department. The U.S. Army Corp of Engineers has issued a Jurisdictional Determination Letter establishing the location of all wetland areas on -site, and a wetlands permit has been approved by the U.S. Army Corp of Engineers and the Virginia Department of Environmental Quality based on an approved wetlands mitigation plan prepared by the Applicants. Protected and disturbed wetland areas are identified on the proffered Master Development Plan, of which, the impacted areas are only associated with the extension of Jubal Early Drive. rd Greenway Engineering 0 • Steep Slopes September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 Minor areas of steep slope exist on the 359.97±-acre site, of which, a small area is located adjacent to the wetland by Abram's Creek, a small area is located by the major karst feature in the southeastern portion of the site, and a small area is located adjacent to Cedar Creek Grade. Disturbance of the small area of steep slope adjacent to Cedar Creek Grade will occur to implement the road improvements that are proffered by the Applicants along the Cedar Creek Grade frontage. These areas of disturbance are identified on the proffered Master Development Plan for Willow Run to ensure compliance with County Ordinance requirements. Mature Woodlands Areas of mature deciduous trees exist along the Abram's Creek corridor, as well as in the western and central portions of the 359.97±-acre site. It is anticipated that these areas will be impacted by the future development of road systems, utility infrastructure, residential land bays, and the commercial center area; however, the subsequent Subdivision Design Plans will attempt to provide for linear tree save areas of mature trees once grading limits are determined. Furthermore, disturbed mature tree areas and existing open areas will be replanted with new trees to meet the requirements of the • County Ordinance that was adopted by the Board of Supervisors in April 2003. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was consulted to determine soil types contained in this tract. The subject site is located on map sheet number 24 & 30, and contains the following soil types: 513-Carbo Silt Loam: 2-7% slope 1413-Frederick-Poplimento Loam: 2-7% slope 14C-Frederick-Poplimento Loam: 7-15% slope 14D-Frederick-Poplimento Loam: 15-25% slope 16C-Frederick-Poplimento Loam — Very Rocky: 7-15% slope 16D-Frederick-Poplimento Loam — Very Rocky: 15-25% slope 17C-Frederick-Poplimento Rock Outcrop Complex: 2-15% slope 17E-Frederick-Poplimento Rock Outcrop Complex: 15-45% slope 29-Massanetta Loam Table 5 on page 123 of the Soil Survey of Frederick County identifies the 513-Carbo Silt Loam, the 1413-Frederick-Poplimento and 29-Massanetta Loam as prime farmland soils. • Frederick-Poplimento loams comprise the majority of the subject site, which possess moderate shrink -swell potential. A band of Carbo Silt loam follows the western portion G Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 of the subject site, which possesses a high shrink -swell potential, while Massanetta loam is located within the defined flood plain and wetland areas. These soil types are consistent with the soil types found in the neighboring Meadow Branch and Morlyn Hills communities; therefore, community development activities can be supported by the soil conditions on the subject site. Development within the Massanetta loam soils will be limited to the extension of Jubal Early Drive. The Applicants will conduct geotechnical analysis throughout the development of Willow Run for road construction, utility installation, and the development of residential and commercial land bays. Geotechnical analysis will be provided to the project engineer which will be taken into consideration during the design of the project. B. SURROUNDING PROPERTIES Adjoining Property Zoning and Present Use: North: Zoned Planned Unit Development (PUD - LR) Use: Residential South: Zoned Residential Performance (RP) Use: Residential . Zoned Rural Areas (RA) Use: Commercial & Agricultural East: Zoned Planned Unit Development (PUD -HR) Use: Residential West: Zoned Residential Performance (RP) Use: Residential Zoned Rural Areas (RA) Use: Residential & Golf Course C. TRANSPORTATION The subject site is accessible from Cedar Creek Grade (Route 622), Merriman's Lane (Route 621), and through the extension of Jubal Early Drive and Cidermill Lane, which currently terminate in the City of Winchester. The Western Jubal Early Drive Land Use Plan identifies the extension of Jubal Early Drive in an east -to -west direction through the limits of the subject site and connecting to Route 37 at a new interchange. Furthermore, this plan identifies a new major collector road, which connects Cedar Creek Grade to Jubal Early Drive in a north -to -south direction. The need for intermodal access is also identified in the land use plan, which recommends the expansion of the Green Circle bicycle and pedestrian facility into the County with linkages to the west and south. A traffic impact analysis (TIA) has been prepared for the Willow Run Community by Patton Harris Rust & Associates, pc dated June 22, 2006 (revised from the April 18, 0 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 2006, the July 12, 2005 and November 2004 submissions), which is included as a component of the Impact Analysis Statement. The TIA assumes the total build out of 1,439 residential units and 375,000 square feet of commercial retail and office land use by year 2012 as a two-phase plan. The first transportation phase projects the impacts associated with the development of 599 residential units, and the second transportation phase projects the impacts associated the total build out of the Willow Run Community that includes 1,439 residential units and 375,000 square -feet of commercial retail and office land use. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background and build -out conditions for each transportation phase. The TIA studies all critical intersections in the Willow Run Community and within close proximity of the Willow Run Traditional Neighborhood Development, the existing Route 37 interchange ramps at Route 50 West and Cedar Creek Grade for the regional transportation system, and the continuation of Jubal Early Drive from its terminus in the City of Winchester to Merriman's Lane. The Phase 1 and Phase 2 Build -Out Lane Geometry and Level of Service (LOS) for AM and PM Peak Hour traffic volumes identify the projected traffic impacts for all critical intersections within the project and within close proximity of the Willow Run Traditional Neighborhood Development, the new Route 37 interchange ramps at Jubal Early Drive and Merriman's Lane and the existing Route 37 interchange ramps at Route 50 West and 0 Cedar Creek Grade for the regional transportation system, and the continuation of Jubal Early Drive from its terminus in the City of Winchester to Route 37 at Merriman's Lane. The TIA demonstrates that the build -out of the first transportation phase (599 residential units) can occur while achieving acceptable levels of service on all internal streets and at the intersection of Jubal Early Drive and Meadow Branch Avenue, as well as at the intersection of Cedar Creek Grade and Birchmont Drive. The TIA further demonstrates that the transportation impacts associated with the build -out of the Willow Run Traditional Neighborhood Development, coupled with the projected background traffic impacts, are acceptable at the signalized Jubal Early Drive intersection with Meadow Branch Avenue, at the signalized Jubal Early Drive intersection with Merriman's Lane, at the signalized intersection of Birchmont Drive and Cedar Creek Grade, and at the new Route 37 interchange roundabout ramps. The TIA demonstrates that deficient levels of service exist at the unsignalized Route 37 ramps at Cedar Creek Grade, at the Route 37 ramps at Route 50 West, at the intersection of Jubal Early Drive and Valley Avenue, and at the intersection of Valley Avenue and Cedar Creek Grade. However, the TIA also demonstrates that build -out of the Willow Run Traditional Neighborhood Development does not further reduce the levels of service at the Route 37 interchanges at Cedar Creek Grade and Route 50 West more than the impacts associated with background traffic. Additionally, the build -out of the Willow Run Traditional Neighborhood Development slightly reduces the levels of service at the Jubal Early Drive and Valley Avenue intersection during AM peak hour and at the Valley Avenue and Cedar Creek Grade intersection during PM peak hour. r_7 L-.J 7 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 • The Applicants' proffer statement has been designed to address the transportation impacts associated with the build -out of the Willow Run Traditional Neighborhood Development, and to assist in the mitigation of several regional transportation issues that are a result of other development projects and projected traffic volume increases. These proffered transportation improvements include the following: Proffered Transportation Improvement Program • Completely fund and construct the four -lane divided section of Jubal Early Drive from the current terminus in City of Winchester to the first intersection west of the eastern neighborhood commercial land bays prior to issuance of the 300th residential building permit. • Completely fund and construct the four -lane divided section of Jubal Early Drive from the first intersection west of the eastern neighborhood commercial land bays to the first commercial center intersection prior to issuance of 450th residential building permit. • Completely fund and construct the four -lane divided section of Jubal Early Drive from the terminus of the first commercial center intersection to the Route 37 northbound on and off ramps prior to issuance of 600th residential building permit. • • Completely fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps using the existing bridge structure prior to the issuance of the 600th residential building permit. • Allow the developer construction dollars for the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. • Completely fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection prior to issuance of 600th residential building permit. • Complete Birchmont Drive between Jubal Early Drive and Cedar Creek Grade by the issuance of the 200th residential building permit. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and Meadow Branch Avenue. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment at the commercial center intersection. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. • Completely fund and construct right and left turn lane improvements at the . intersection of Cedar Creek Grade and Birchmont Drive. Greenway Engineering 0 September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 • Provide $100,000 to the City of Winchester for off -site transportation improvements. The Applicants' proffered transportation program will mitigate the impacts associated with the development of the Willow Run Community and will improve existing and future conditions associated with other off -site regional transportation matters. The complete funding and development of Jubal Early Drive and the new Route 37 interchange ramps will occur during the construction of the Willow Run Traditional Neighborhood Development, which offers solutions to two significant regional transportation elements identified in the Metropolitan Planning Organization (MPO) 2030 Transportation Plan for the benefit of both County and City residents. D. SEWAGE CONVEYANCE AND TREATMENT The 359.97±-acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. In May 2004, the Frederick County Sanitation Authority Board voted to provide public sewer service to the Willow Run • Community. This determination requires the Frederick County Sanitation Authority (FCSA) to develop the infrastructure system necessary to service the Willow Run Community. The FCSA has undertaken an infrastructure project for the design and construction of a new sewer force main that will connect to the Willow Run Community at the Birchmont Drive intersection at Cedar Creek Grade and the 15" Hogue Run Sewer Interceptor, which directs flows to the Parkins Mill Wastewater Treatment Facility. The design of the new sewer force main will provide capacity that is adequate to accommodate the residential and commercial land uses associated with the Willow Run Community and additional development within the area. The Applicants will provide for a new sewer pump station that will be located in the northeastern portion of the property adjacent to the Abram's Creek wetlands. The design of the new sewer pump station will provide capacity that is adequate to accommodate the residential and commercial land uses associated with the Willow Run Community, and will be expandable to serve additional development within the area. The Applicants will also provide for a new sewer force main that connects the new sewer pump station to the FCSA new sewer force main at Cedar Creek Grade. The new sewer force main will be sized as a minimum 12-inch main to accommodate the residential and commercial land uses associated with the Willow Run Community and additional development within the area. The on -site sewer infrastructure required to convey effluent to the Parkins Mill Wastewater Treatment Facility will be developed by the Applicants to standards acceptable to the FCSA for their future operation and maintenance. X • Greenway Engineering 0 September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 The impact of rezoning the 359.97±-acre site can be based on comparable discharge patterns of 500 gallons -per -day (GPD) per acre for commercial land use and 225 GPD for residential land use. The figures below represent the impact that the total build out of the 36-acre commercial areas of commercial and office land use and the proffered 1,390 residential units will have on the sewage conveyance and treatment systems. Q = 500 GPD per acre Q = 500 GPD x 36 acres of commercial and office land use Q = 18,000 GPD projected at total commercial build out Q = 225 GPD per household Q = 225 GPD x 1,390 residential units Q = 312,750 GPD projected at total residential build out TOTAL Q = 330,750 GPD at total project build out The proposed rezoning is projected to increase flows to the Parkins Mill Wastewater Treatment Facility by 330,750 GPD at total build out. The Applicants have proffered to develop the Willow Run Community through a phased permitting plan that limits the number of residential building permits that can be obtained on an annual basis. This phased permitting plan will ensure that the build -out of the Willow Run Community cannot occur until calendar year 2012 at the earliest. The Frederick County Sanitation Authority Board has approved a plan to expand the capacity of the Parkins Mill Wastewater Treatment Facility to 5 million gallons per day (MGD). The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will occur 3 years prior to the earliest possible build -out of the Willow Run Community based on the proffered phased permitting plan. Adequate capacity for sewage conveyance and treatment will be available throughout the development of the Willow Run Community as a result of the infrastructure improvements provided by the Applicants and the FCSA. E. WATER SUPPLY The 359.97±-acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) boundaries. In May 2004, the Frederick County Sanitation Authority Board voted to provide public water service to the Willow Run Community. This determination requires the Frederick County Sanitation Authority (FCSA) to develop the infrastructure system necessary to service the Willow Run Community. 10 Greenway Engineering 0 September 1, 2005 • Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 The FCSA will provide a water transmission line that will follow Route 37 and adjoin the Willow Run Community. This water transmission line will create a loop system that ties together the water systems to the north between the Sunnyside Community and to the south in the Apple Valley Road and Shady Elm Road area. This loop will allow for water service to be provided from both the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. These systems currently provide 6.0 MGD and can be increased to 10 MGD. The on -site water infrastructure required to convey potable water to the proposed residential and commercial land uses in the Willow Run Community will be developed by the applicants to standards acceptable to the FCSA for future operation and maintenance. The impact of rezoning the 359.97±-acre site can be based on comparable water usage of 1,000 GPD per acre for commercial and office land use and 275 GPD per unit for residential land use. The figures below represent the impact that the total build out of the 36-acre commercial areas of commercial and office land use and the proffered 1,390 residential units will have on the water supply and treatment systems. Q = 1,000 GPD per acre Q = 1,000 GPD x 36 acres • Q = 36,000 GPD projected at total commercial and office build out Q = 275 GPD per household Q = 275 GPD x 1,390 residential units Q = 382,250 GPD projected at total residential build out TOTAL Q = 418,250 GPD at total project build out The projected water usage for the proposed rezoning is 418,250 GPD at total build out. This projection represents approximately 10% of the unutilized capacities at the James H. Diehl Water Filtration Plant and the North Water Filtration Treatment Plan. Therefore, available water source and infrastructure will be adequate to accommodate the capacity needs of the proposed residential and commercial land uses for the Willow Run Community. F. DRAINAGE The 359.97±-acre parcel has pronounced drainage divides, which follow the ridgelines located in the western and central portions of the project site. These drainage divides direct stormwater to the central and western portions of the project site, which then flow . in a northern direction to Abram's Creek and to the southwest near Route 37. The Willow Run Community will be designed to capture the majority of the stormwater flows 11 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 • in the central portion of the development within a man-made lake that will be approximately 5-acres in size. This lake will be created within the central portion of the Willow Run Community and designed as an amenity for the community and will be maintained by the Willow Run Homeowners Association. Smaller drainage areas that do not flow to the man-made lake will be designed to direct stormwater flows to the Abram's Creek channel. The Applicants' proffer statement provides for the use of best management practices (BMP) in conjunction with all commercial land uses to mitigate water quality impacts to Abram's Creek. This proffer statement also commits to the preparation of a geotechnical analysis for the purpose of ensuring that development impacts near the major karst feature do not adversely impact water quality through storm water management design. Storm water management will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control requirements. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural floor area and an average annual residential consumption of 5.4 cubic yards per . household (Civil Engineering Reference Manual, 4t1i edition). The following figures show the increase in average annual volume based on the 375,000 square feet of commercial and office land use, and 1,390 residential units that are projected to develop over a 7-year period: AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 375 (1,000 sq. ft.) AV = 2,025 Cu. Yd. at commercial build out/yr, or 1,418 tons/yr at build out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,390 households AV = 7,506 Cu. Yd. at residential build out, or 5,255 tons/yr at build out TOTAL AV = 6,673 tons/yr / 7-yr build -out = 954 ton annual increase at build out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected 7-year build out of the subject site will generate on average 954 tons of solid waste annually. This represents a 0.47% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The complete build out of the Willow Run Community is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 2.6% annually. The Applicants' proffer statement provides for curbside trash pickup service in the 12 • Greenway Engineering September 1, 2005 • Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 Willow Run Community; therefore, transportation and increased volume impacts at the citizen convenience centers will be mitigated and tipping fees will be generated that will create a continuous revenue source for the Regional Landfill by the Willow Run Community. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies three structures on the 359.97±-acre site as the 740 House (#34-89), the 750 House (#34-90) and the Marshal House (#34-1236), although none of these structures are deemed potentially significant. Two sites within close proximity are identified as potentially significant, which include the Stuart Brown House (#34-1239) and Homespun (#34-180). The Homespun site is further identified as being potentially eligible for the state and national register of historic places. Furthermore, the southwestern portion of the 2" d Winchester Core Battlefield area is located in the northeastern portion of the subject site. The Stuart Brown House (#34-1239) is located on the Jova Properties, LCC parcel adjacent to the Route 37 interchange area at Cedar Creek Grade. This structure is currently utilized as a residential rental property, and is not visible from the Willow Run Community. The Homespun site (#34-180) is located across Cedar Creek Grade from the southeastern portion of the site. An adaptive reuse of the Homespun site has been complete, which converted the historic structure into a commercial land use. Additionally, the Harvest Ridge Residential Community is being developed adjacent to and south of the Homespun site. The Homespun site has a mature row of evergreens along its frontage, which adequately screens the structure from Cedar Creek Grade. The Birchmont Drive intersection at Cedar Creek Grade is designed to align with the commercial entrance serving the Homespun site; therefore, no additional impacts are anticipated between the Willow Run Community and the Homespun site. The Applicants' proffer statement provides for a double row evergreen tree planting screen between the southern most residential lot that is located across Cedar Creek Grade from the Homespun site to minimize viewshed impacts. In August 2004, the Shenandoah Valley Battlefield Foundation Executive Committee (SVBF) was asked to consider the potential for acquiring the potion of the 2nd Winchester Core Battlefield area that is located on the subject site. The SVBF Executive Committee provided a letter to Greenway Engineering dated August 16, 2004, which stated that there was not a desire to acquire this area due to the significant amount of lost integrity of the overall core battlefield area resulting from the development of the Meadow Branch Community. Therefore, the development of the Willow Run Community will not have a negative impact to existing historic structures and core battlefield area. 13 Greenway Engineering September 1, 2005 Willow Run Rezoning Revised November 4, 2005 Revised June 27, 2006 Revised November 18, 2006 • I. IMPACT ON COMMUNITY FACILITIES The Frederick County Capital Facilities Fiscal Impact Model was prepared for the proposed rezoning of the 359.97±-acre site based on a proffered maximum square footage of 110,000 square feet of commercial and office land use and 850 residential units. The results of the Capital Facilities Fiscal Impact Model identify that the build out of the Willow Run community will create a negative fiscal impact of $7,692.00 for each residential unit. The Applicants' proffer statement guarantees the development of 20,000 square feet of commercial land use; however, Greenway Engineering prepared a fiscal impact model run that only provided commercial land use credit for 10,000 square feet of commercial that was guaranteed in the November 4, 2005 proffer statement. The Applicants' proffer statement provides a monetary contribution to Frederick County in the amount of $9,078 for each non -age restricted residential unit to mitigate the fiscal impacts to public schools, parks and recreation, fire and rescue services, and other County services. A monetary contribution of $2,000.00 is proffered for each age restricted residential unit to mitigate the fiscal impacts to all County services, exclusive of public schools, which are not impacted by this specific population. Furthermore, the Applicants' proffer statement provides $1,000.00 for each non -age restricted residential lot to public schools, which will generate between $1.11 - $1.32 million dollars for site acquisition funding. The Applicants have also proffered an additional $50,000.00 to Smitigate impacts to the volunteer fire and rescue services. This monetary proffer provides $25,000.00 to the first responder companies in Frederick County and the City of Winchester that will provide service to the Willow Run Community. Additionally, the Applicants' proffer statement provides for community recreational amenities that include a community center facility that is a minimum of 4,000 square feet in floor area for the overall community, a community center facility for the age -restricted units that is a minimum of 2,000 square feet in floor area, public and private bicycle and pedestrian facilities and neighborhood parks. Therefore, the monetary contributions provided for in the Applicants' proffer statement, coupled with the recreational amenities adequately mitigate the community facilities impacts and capital cost needs for the Willow Run Community. • 14 1,4' `f. viol/• r �; �h r m Aerial Overview N :r P Ilk t a Legend Parcel Boundaries r--- Winchester City Limits Subject Parcels J do J !� RKII MIII \ IFAA ` ��. ' , •,,; `'�� ff , , ,►; ' ��,'� ` 'rill f r_ it D cc r �=Cc w r ;•, •- o O J J w ' 4 Q i rr r�r�.v�r*►ll�i�ii�ili�ll� LU 41.1 [Los .• -«- U UJ — Q Cr z ti � z LLJ � = LD oC 1 n �• # W J > {►,,1. ►' Z Q o [[ CC H ow LIJ OJ OJ LL Q w C N �• z w76 o �W N � T o !v�'' � �'r Feet � ! U !;s�►.. •a'�,0;4..� 1,000 500 0 1,000 2,000 Q W ITl to Source: Frederick County, Va. GIs Department, 2006 Data and City of Winchester, Va. GIS Department, 2006 Data I A0 I =is UAOOM 'ON 2MAt- �= �+ ,000I - .S 31106 o0/Bi/IS ,9.Lv0 � m •F�� poloy'°ror A 1 O z" m d M � r � � r o m [tea e C am a W Z ♦ O x � N i f k ® f W 1 4*4* ` LCBZZO'ON �, HLIRS '0 -¢yy, 311 S 0 x \ w mOOI • . '3R+�6 a OWE OOaI O 00m1 ` . c ag s m m 3un1V34 1SUVM Z r N0IIV3NI13O NIVId 000I:1 V SGNV-113M m „ -*%ARM" Z • ON -1 .w sV $I; :I p R 61 e WILLOW RUN COMMUNITY SCALE: 0M NOV. 18, 2006 OF GREENWAY ENGINEERING HISTORICAL SITES AND STRUCTURESm ;��° • L_J • n L JI 9 A Revised Phased Traffic Impact Analysis of Willow Run Located in: Frederick County, Virginia Prepared for: Miller and Smith Greystone Properties 8401 Greensboro Drive Suite 300 McLean, VA 22102 Prepared by: Patton Harris Rust & Associates, pc End neers. Surveyors. Planners. Landscape Architects. p][�Ma insbur , Avenue, Suite 54 -. Martinsburg, West e, Suit 25401 01 H 304.264.211 F 304.264.3671 June 22, 2006 (Revised from the July 2005 submission) • OVERVIEW Report Summary J Patton Harris Rust & Associates, pc (PHR+A) has prepared this "revised" traffic study (from July 2005 submission) for Miller and Smith and Greystone Properties to present the impacts associated with the proposed Willow Run development located northeast of the Cedar Creek Grade (Route 622)/Route 37 interchange in Frederick County, Virginia. The purpose of this report is to amend the Phase 1 and Phase 2 analyses using the revised land use and future roadway network. Phase 1 includes 260 single family -detached units and 339 single family -attached units that will be built -out by Year 2009. Phase 2 (full build -out) consists of 425 single family -detached units, 490 single family -attached units, 416 apartment units, 108 elderly housing -attached units, 150,000 square feet of office and 225,000 square feet of retail, which will be built -out by Year 2012. In order to accommodate the future traffic volumes, PHR+A assumed the following infrastructure improvements with respect to each Phase. Phase 1 includes: 1) Completion of Jubal Early Drive Extended from the existing Jubal Early Drive, through the Willow Run development, to a point east of Merrimans Lane; 2) Completion of Willow Run Drive from the Jubal Early Drive Extended to a point north of Cedar Creek Grade, 3) Completion of Birch Mont Drive from the Jubal Early Drive Extended to Cedar Creek Grade, 4) Completion of the Meadow Branch Avenue Extended to Route 50 and 5) Realignment of Merrimans Lane north of Breckinridge Lane. Phase 2 assumes the improvements described under Phase 1 as well as the following infrastructure improvements: 1) Completion of the Jubal Early Drive Extended to Route 37, 2) Completion of a diamond interchange at the intersection of Merrimans Lane/Route 37 and 3) Realignment of Merrimans Lane north of the new Merrimans Lane/Route 37 interchange. Figure 1 is provided to illustrate the location of Willow Run with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Willow Run 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 Willow Run, • Distribution and assignment of Willow Run generated trips onto the completed study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. P A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 HP*'N Page 1 0 • • • No Scale �G _� 5ti, t , r t �'^ _ 50 Northwe fern, x ' r d 6 c S S t r 4a h o_n yy s �r 522 3 ' �861 �' SITE ��, { 17 ` CO -Ced Creek: r K{ , nT T�+n Figure 1 Vicinity Map A Revised Phased Traffic Impact Analysis of Willow Run R+A June 22, 2P H Pagee 2 2 0 0 • E E EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) obtained AM and PM peak hour manual turning movement counts at the intersections of Cedar Creek Grade (Route 622)/Merrimans Lane (Route 621), Cedar Creek Grade/Route 37 interchange ramps, Cedar Creek Grade/Harvest Drive, US Route 50/Route 37 interchange ramps, US Route 50/Merrimans Lane, Merrimans LaneBreckinridge Lane, Jubal Early Drive/Handley Avenue and Jubal Early DriveNalley Avenue. Additionally, 24-hour automatic "tube" counts were conducted along the Cedar Creek Grade west of Harvest Drive. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an assumed "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10%. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM 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 Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 3 0 1 0 �..,.194 4--439 (206)542..JM R (433)899�� 'q o 0 h P n� �14-461( if ' 228( (416)1064�► P. Route 5 (388)537--% 37 M N L 24(63) I 1 4"ft 39(128) e� 59(91) (1 1))21�� (553�► (3)12 �• In �u by a r~ b �27(147) e— 43(69) 59)108...► a Route 622 (56)47' % t L GOae %-45(43) 1 4-mm274(1067) e`133(159) (44)31� i (560 6 (247)98� �^+� B 621 Lq / 622 9 c� No Scale 1011) Han 1 Z Ave J ey Ave r 60(364 (9 ) r�a6���.► '� 23q( 6s� %. 51(98) hn 275(855) AM Peak Hour(PM Peak Hour) Figure 2 Existing ADT and AN"M Peak Hour Traffic Volumes A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 4 L] 0 0 • • 4-- D(C) 4— �t Rol: (C)D� G 4-m 2kk Signalized Route $0 iIntersection Signalized LOS = C(C) (C)B Yr Intersection = B(C) .� LOS = B(C) m—•► a Route 50 (QC� * \�A Ar Glee BBC)* N 0 Unsignalized Intersection B(B)* *(B)B� Unsignalized Intersection a '7A(A)* \ Route 622/ a 621) l�eLb 9 50 No Scale Signalized Intersection LOS = D(C) d \ 1 Handy Ave y G6 Unsignalized Intersect G, �G aryy� �t +- C(C) Signalized Intersection LOS = C(C) *(B) W Unsignalized 622 i�� Intersection / * Denotes critical unsignalized movement AM Peak Hour(PM Peak Hour) Figure 3 Existing conditions Lane Geometry and Level of Service A Revised Phased Traffic Impact Analysis of Willow Run PH R+A June 22, 2 Pagee 5 5 • • PHASE 1 TRAFFIC ANALYSIS (2009) Phase 1 is analyzed assuming the anticipated future roadway network that includes the following: 1) Completion of the Jubal Early Drive Extended from the existing Jubal Early Drive, through the Willow Run development, to a point east of Merrimans Lane; 2) Completion of Willow Run Drive from the Jubal Early Drive Extended to a point north of Cedar Creek Grade, 3) Completion of Birch Mont Drive from the Jubal Early Drive Extended to Cedar Creek Grade, 4) Completion of the Meadow Branch Avenue Extended to Route 50 and 5) Realignment of Merrimans Lane north of Breckinridge Lane. 2009 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized A Traffic Impact Analysis of the WWW Property, by PHR+A, dated December 5, 2002 to determine the trips associated with not, yet completed area developments% Based upon the 7`h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report and the aforementioned traffic study, Tables la and lb are provided to summarize the calculated trips associated with each of the 2009 "other developments". Table la Background Development: WWW Property Trip Generation Summary ITE AM Peak Hour PM Peak Hour Land Use Amount ADT In Out I Total In I Out I Total Code 750 Office Park 5 acres 350 30 381 34 194 229 2241 813 Discount Superstore 135,000 SF 127 122 248 252 262 514 6030 820 Shopping Center 25,000 SF 42 27 68 120 130 251 2758 Total 519 179 697 406 587 993 11,028 Total Internal 34 34 68 83 83 165 1,898 Total Pass -by 25 22 47 56 59 115 1318 Total "New Trips" 459 122 582 1 268 445 713 1 7812 A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 6 • • Table lb Background Development: Valley Health Systems and Degrange Properties Trin Generation Summary ITE Land Use Amount AM Peak Hour PM Peak Hour ADT In I Out Total In I Out I Total Code Valley Health Systems Property 150 Warehousing (Distribution Center) 5 acres 63 25 88 26 48 73 383 710 Office 50,000 SF 95 13 108 23 112 135 782 750 Office Park 5 acres 350 30 381 34 194 229 2241 620 Nursing Home 24,000 SF 6 3 9 5 5 10 146 252 Elderly Housing - Attach 80 units 3 4 6 5 3 9 278 Sub -total 517 75 592 93 363 456 3831 Degrange Property 312 Business Hotel 50 rooms 17 12 29 19 12 31 364 760 Research & Development Park 5 acres 70 13 84 9 68 77 398 820 Shopping Center 25,000 SF 43 27 70 121 131 252 2795 912 Drive-in Bank 2,400 SF 17 13 30 55 55 110 694 932 H-T Restaurant 7,600 SF 46 42 88 51 32 83 966 Sub -total 192 108 300 254 298 552 5218 Total 709 182 892 347 661 1,008 90049 Total Internal 33 33 67 80 80 160 1,415 Total Pass -by 19 8 28 28 38 66 583 Total "New Taps" 657 141 797 240 543 783 7050 In addition to the trips relating to the specific background developments shown in Tables la and lb, existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2009 as determined in the aforementioned WWW Property traffic study. Figure 4 shows the 2009 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2009 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. PHRn A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 7 • • qhb b No Scale 1035(158 291(770) ((693)738:"1% 173)1529�► p Route 50 1 �■ 783(171� (708)811w.*M Route (751)1199�j r� r 4(zs) 8re I.g(114J N r�c�db'e Ld `2.-Sl 10 45 0 b h � 31(80) .. 50(163) � 75(116) ()Z (65)68 I (4)15 —% ^ = a 621 N� %...57(55) +--573(1463) �170(203) (912)895 6s� jrf (315)125� ip 621 o 68(51) r14andle t\Ave 37 622 r Cedar Creek Grade — N � ti~ nc^ � 101/ jy,40-.-34(188) io--55(88) 75)138 w.-+ Route 622 (71)60' % q Jlbxtearfyw lbq o`h�3ti, ar f (963I6J68 I / � �) 99(338) PPS e! zS4 (8 5g2 �� ~`I18�; (z92)162` %..494(845) 4.•71(147) ��,�� N Route 622 b by�ryb� (7 (45)65,� Ced�351(]091 )899_l Creek Grade / AM Peak Hour(PM Peak Hour) DailyAverage D New Intersection [Figure 4 Phase 1. 2009 Background ADT and AM/PM Peak Hour Traffic Volumes A Revised Phased Traffic Impact Analysis of Willow Run R+A June 22, 2 Pagee 8 PH 8 0 • • E 0 Signalized Intersection (j LOS = QQ (� ♦— A 4— C(C) Route 50 (C)C'� / Signalized "Suggested Intersection LOS = B(B) A(B) Improvement" Signalization I Unsignalized Intersection Route 622 B)B 4a C 621 Signalized Intersection LOS = C(D) Signalized t�1� Intersection LOS = B(C) �I C!' ♦-OB(C) 4000 Z �Q' a Lb , iCu 5 C(D) t Route No Scale Unsignalized Intersection B(C)* G-, Jub � 8� pve G� �B(C) �rFxlY aeY Route 622 r' ceded `! (C)B Signalized Intersection SITE �� Lt$f, of G ♦� LOS = C(C) ( D) cn 37 C j G I plc �J ` ♦ M "Suggested f � Improvement" �p1 Signalization AV l r ,.� 1 ,qti � �� G signalized 41 y 4 G\ Intersection 1 G LOS = C(C) ll� Ceaax aaeek s2z �C)B � �S gnalized �01�B(C)* _� 3� Intersection LOS = B(C) �%► 4� Unsignalized Intersection * Cy * *( edar Creek �� RoA622* ��e *B)A ~Route 622 Unsignalized G Unsignalized 7,�= Denotes Free -Flow Lane Intersection p. Intersection Q* Unsignalized r Intersection * Denotes critical unsignalized movement AM Peak Hour(PM Peak Hour) _Tl Tl A Denotes new intersections -1 u111 1 Figure 5 Phase 1: 2009 Background LOS A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 9 0 9 C, �J • PHASE 1 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7`h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 2 was prepared to summarize the trip generation associated with the Phase 1 Willow Run development. Table 2 Proposed Development: Willow Run Phase 1 THY) Generation Summary ITE Land Use Amount Code AM Peak Hour PM Peak Hour ADT In Out Total In Out Total 210 Single Family Detached 260 units 230 Single Family Attached 339 units 48 23 144 114 191 137 160 110 94 54 253 164 2,600 2,949 Total 71 257 329 269 148 417 5,549 PHASE 1 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the Phase 1 Willow Run trips (Table 2) throughout the study area roadway network. Figure 7 shows the respective Phase 1 development -generated AM/PM peak hour trips and ADT assignments. PHASE 12009 BUILD -OUT CONDITIONS The Phase 1 Willow Run assigned trips (Figure 7) were added to the 2009 background traffic volumes (Figure 4) to obtain 2009 Phase 1 build -out conditions. Figure 8 shows Phase 1 2009 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figures 9a and 9b show the respective Phase 12009 build -out lane geometry and levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. PR+AH A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 10 0 • �i Residential go • I J.. 1. Figure 6 Phase 1: Trip Distribution Percentages A Revised Phased Traffic Impact Analysis of Willow Run P p,R+A June 22, 2006 Page 11 0 0 • • 0 /I a No Scale 13(7) (13)4 Q, Route Y %. 52(30) ♦-- 13(7) ,.� Rout( (67)18 �4 Pec�dge Lb 37 621 )ute SO ' s to � ' (6�j�7��► �Z ,_^ � o 621 N Cr *400 a ,r *eft 1 `° Handley ~46(17s) "ubr1 Ave r rFxte�d d SITE yaf t o A ro�� f �6Ijo3� (4 is, � r cu p 4(13) 622 41.4 :. (7` Cedar lee(7)13 • "i177A� 't?4) v�47y of �x�t � 13(7) 39(22) �� �� `'r (44)77�� Cedar Ci Route 622 ; ✓ Grade NAM Peak Hour(PM Peak Hour) DailyAverage Q New Intersection '1 H NNJFigure 7 Phase 1: Development -Generated Trip Assignments A Revised Phased Traffic Impact Analysis of Willow Run PR+A June 22, 2012H Page 12 • 0 • • 621 %. 57(55) 4 r z "O--573(1463) )ute 50 ; ie�184 257 1 (56)40� / rek (0�116�i► "2 l7)I3 621 eLn o t k tu 68( 1 < r20(22) ey 0l0j `°Handl l(0)O)o � 46(175) JUI, pal ��, � ve rExtend d qe� SITE 3 r6a r o y r� , � �77(46s) d o) � �1p \ A �Oj bid f rl j0) �(S 1�`��1 ~`31 �) iyQ,' 1P ^bb 37 Od 00 Cd J r (80) 622 1 i �� 63() (8�664 (388) 9S ~`I28� y7) jr" 75(116) CTeek ((18 79 )27� Ce )71 �* �yea (4)15 ,e Jabal � r1 6SO25) �-=507(852) 'k �� ` _ � (45�5� ��371 4- 110(169) a ,r `r' r (815)197 Cedar (1172 �47(195) (57)114sw,P Route 622 ��f ` +r 6� deeejc r-81(1w) 5 (745)570�� ����: ((711,60 �a - Route a o AM Peak Hour(PM Peak Hour) q1 �yAverage Daily _T-1 T1 , New Intersection qhb o �ro No Scale � � 1047(159 d 291(770) (1187)1532 Q Route 50 (693)738'--% N %. 299(397) 4.m 796(1721 Route 5 (818)1217 —1 Hl \1 1 Figure 8 Phase 1: 2009 Build -out ADT and AM/PM Peak Hour Traffic Volumes PHRn A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 13 • 0 • Signalized Intersection V� LOS = C(C) C` ♦_ �♦ Route 50 (C)C —=-+ / Signalized "Suggested Intersection Improvement" LOS = B(B) �� A(B) Signalization 4— B)B 4J�I� Route 622 'vim �B(C) Route 622 [3 Signalized Intersection LOS = B(C) "Suggested Improvement" Signalization SB - I Rieht Q >B(C)* *zed Unsignalized � Intersection�� 7 * c; tIl A(A)* Route 622 Unsignalized a Intersection Signalized Intersection LOS = C(D) No Scale 4-06 B(C) 410,0 Unsignalized * r Intersection q Signalized "Suggested B A Unsignalized �c i8) gnd g i; y) Intersection LOS = C(C) Improvement" EB - I Right Intersection j eL� 621 OftftC(D) Unsignalized Intersection d 1�B(C)* (D)C �► �► �_ l� 37 SITE Ceaar reek 622 *(B)A"'r! 4*` Unsignalized Intersection AM Peak Hour(] 10 A. *(B)A �t edar Cr L Grade \Unsignalized Intersection i Peak Hour 1 ♦4— C(D) r S signalized Intersection LOS = C(D) (C),& Signalized Intersection G LOS = B(D) i�= Denotes Free -Flow Lane * Denotes critical unsignalized movement Denotes new intersections -1JH l Figure 9b Phase 1: 2009 Build -out LOS (w/ Suggested Regional Improvements; A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 15 C J • • PHASE 2 TRAFFIC ANALYSIS (2012) Phase 2 (full build -out) is analyzed assuming the anticipated future roadway network improvements described in Phase 1 as well as the following infrastructure improvements: 1) Completion of the Jubal Early Drive Extended to Route 37, 2) Completion of a diamond interchange at the intersection of Merrimans Lane/Route 37 and 3) Realignment of Merrimans Lane north of the new Merrimans Lane/Route 37 interchange. 2012 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized A Traffic Impact Analysis of the WWW Property, by PHR+A, dated December 5, 2002 to determine the trips associated with not yet completed area developments:. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report and the aforementioned traffic study, Tables 3a and 3b are provided to summarize the calculated trips associated with each of the 2012 "other developments". Table 3a Background Development: WWW Property Trin Generation Summary ITE Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Code 750 Office Park 5 acres 350 30 381 34 194 229 2241 813 Discount Superstore 135,000 SF 127 122 248 252 262 514 6030 820 Shopping Center 25,000 SF 42 27 68 120 130 251 2758 Total 519 179 697 406 587 993 11,028 Total Internal 34 34 68 83 83 165 1,898 Total Pass -by 25 22 47 56 59 115 1318 Total "New Trips" 459 122 582 1 268 445 713 1 7812 PH"A+ A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 16 0 Table 3b Background Development: Valley Health Systems and Degrange Properties Trip Generation Summary is 0 ITE Land Use Amount AM Peak Hour PM Peak Hour ADT In TOut Total In I Out Total Code Valley Health Systems Property 150 Warehousing (Distribution Center) 5 acres 63 25 88 26 48 73 383 710 Office 50,000 SF 95 13 108 23 112 135 782 750 Office Park 5 acres 350 30 381 34 194 229 2241 620 Nursing Home 24,000 SF 6 3 9 5 5 10 146 252 Elderly Housing - Attach 80 units 3 4 6 5 3 9 278 Sub -total 517 75 592 93 363 456 3831 Degrange Property 312 Business Hotel 50 rooms 17 12 29 19 12 31 364 760 Research & Development Park 5 acres 70 13 84 9 68 77 398 820 Shopping Center 25,000 SF 43 27 70 121 131 252 2795 912 Drive-in Bank 2,400 SF 17 13 30 55 55 110 694 932 H-T Restaurant 7,600 SF 46 42 88 51 32 83 966 Sub -total 192 108 300 254 298 552 5218 Total 709 182 892 347 661 1,008 9,049 Total Internal 33 33 67 80 80 160 1,415 Total Pass -by 19 8 28 28 38 66 583 Total "New Trips" 657 141 797 1 240 543 783 1 7050 In addition to the trips relating to the specific background developments shown in Tables 3a and 3b, existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2012 as determined in the aforementioned WWW Property traffic study. Figure 10 shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figures lla and llb show the corresponding 2012 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 17 9 9 • • 0 h n O ^\ ^~ %...287(425) 833(1779 ( r S(27j �1127(1807) (749)920... Route 50 Br �2(I3j) I ,r'343(908) (655)1292`.j eoa (1074)1655I:k Route 50 F tf No Scale (954)934� q� a. aUe 1 b q� tp %. 66(64) sx F� 634(1695) e-191(217 Route 50 i ) (65)46� 621 s(rgJ �rJ i i tr i 1s LJL r i F >Ka�Y {7)4r.� Route'37 6)215N .,_ N 131311)(3fi' (S)S 1s?a L n oba/ y s arty PIP e ded & ��� SITE � f � � � �.Y� (?I� � N _%'w89(S38) (Sy3�Iq) �271(460 53)88� w Route 37? +� o i ��ll hid (I2j�28�� a. �346(S39) 37 �� ` ryh�bo�oryH Jro 01�--s^P^i N 1�.58(189) 622 (38 )630 ii �`1 (343) l� 3j . I �87(134 � Creek (338 )187i q (21)31� (75)78y ) /1 10 (4)18 --% a N ^hN�ti 1 �..75(145) o` � 532(910) H� 306(1112) /r 4-31(198) 4.m22(87) (52)75� edarCreek s d-3(20) (66)131...P Route 622 (765)927-0* Grade 37)160m.-j Route 622 (775)608m..+ (59)58--%a / o o A AM Peak Hour(PM Peak Hour) T1 T-N A New Intersection O Round -about -rHl Figure 10 Phase 2: 2012 Background ADT and AN"M Peak Hour Traffic Volum( R+A 18 A Revised Phased Traffic Impact Analysis of Willow Run June 22, 20 Page 18H8 9 • 0 • 9 No Scale A -B(B) 6�1 �• Signalized •• Intersection • LOS = B(B) lB>B � i 1 / LOS = A(B) \ ^4 1621 37 ceags Cde ek 622 Tl Tl A r� ✓� Signalized Intersection LOS = B(B) Denotes new intersections * Denotes critical unsignalized movement AM Peak Hour(PM Peak Hour) '1 Hl�l l Figure lla Phase 2: 2012 Background LOS (Proffered Improvements) A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 19 i • E • Signalized Intersection LOS = D(C) q` ~� m—+W Route 50 (D)D � / Signalized "Suggested Intersection LOS = B(Q A(C) Improvement" Signalization Route 622 4 (C)B � 37 Zee 0G �'G ♦T B(B) 622B f621Route SignalizedIntersection LOS = B(C) "Suggested Improvement" Signalization SB -1 Right Cedes Ck B(C)* made 622 *(ed T Unsignalized � Intersection Signalized I� Intersection LOS = C(D) ♦~_ C(D) 1� * Route 50 ! N Sal /(D)C" C, 3 o c e Signalized Intersection LOS = B(C) 4 B0 r 621 J� *(B)B'( 9� J# �t 71 (C)B Unsignallized Intersection "Suggested `Q Improvement" Signalized EB -1 Right Bree A(B) chi Intersection NB - 1 Thru LOS = C(C) SB - 1 Right 4 Unsignalized tip, Intersection _N (C)C` Unsignalized C �%► �� Intersection ,B Ai #(B)A %4edar. Cr i..► Grade \Unsignalized Intersection / rd Signalized Intersection d� LOS = C(D) q1 G — C(D) JIM (C)C Signalized Intersection LOS = C(D) imcraecuun - r� � � LOS = B(C) jlRoute 622# *(B)A� Route 622 Improvement" G EB - 1 Thru N Unsignalized wB - l Thru G �o Intersection �qi �q4 Intersection Denotes Free -Flow Lane * Denotes critical unsignalized movement Tl T % A AM Peak Hour(PM Peak Hour) Denotes new intersections -1 Hl- J t Figure 11b Phase 2: 2012 Background LOS (w/ Suggested Regional Improvements A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 20 9 E • • PHASE 2 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 4 was prepared to summarize the trip generation associated with Phase 2 (complete build -out) of the Willow Run development. Table 4 Proposed Development: Willow Run PhacP I. Trin f Pneration Snmmary ITE Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In I Out Total Code 210 Single Family Detached 425 units 77 230 307 248 146 394 4,250 220 Apartment 416 units 42 166 208 160 86 246 2,496 230 Single Family Attached 490 units 31 153 184 148 73 221 4,263 252 Elderly Housing - Attached 108 4 5 9 7 5 12 376 710 Office 150,000 SF 228 31 259 42 205 247 1823 820 Retail 225,000 SF 155 99 255 513 556 1069 11504 Total 537 684 1,221 11119 1,071 2,190 24,712 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 12 to assign the Phase 2 Willow Run trips (Table 4) throughout the study area. Figure 13 shows the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2012 BUILD -OUT CONDITIONS The Willow Run assigned trips (Figure 13) were then added to the 2012 background volumes (Figure 10) to obtain 2012 build -out conditions. Figure 14 shows 2012 Phase 2 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figures 15a and 15b show the corresponding 2012 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. Pk-R-+A A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 21 • • • • -I- O Round -about Residential Retail Figure 12 Phase 2: Trip Distribution Percentages PHRn A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 22 9 F_� 1 0 r j (28)8"' 37 1—.28(15) (28)g y 4-28(15) �28(15) (28)8 �► Route 622 �a 6' T1 Tl A SITE , a� J 622 Creek 1� Route 50 No Scale h e-31(■♦113) _♦ I� 621 WON 621 BreC 44 cn �V C46 lb Cf, `may I d rj I ' Ore��tl r 00, j)j��i► i -30(141) rSy)34 11(22) 3S(6j) 7�� 4 4 3 u AM Peak Hour(PM Peak New Intersection �= 46(84) Cedar Creek (92)41^-041 Grade O Round -about j-p-Ni L +igure 13 Development -Generated Trip Assignments A Revised Phased Traffic Impact Analysis of Willow Run R+AJune 22, Pagee 23 23H3 9 • 0 • • h t � 287(425) ♦— 833(1779) ~2 C27� h f�1155(1823) (749)92Route 50 Bree 2fI3J)—343(908) (655)1292�► 3 No Scale d (1074)1655'�a��► Route 50 4 ho 0 e (982)942 �q I _ _ � a� N r7 %. 66(64) fm-634(1695) tea'' R o �"" 221(330)� ute 50(65)46—* tot (0)0 <<6 '113�5 ��► ° ` . ?. ' A 621 �89 Ore dr (6973)I) i f�3205�) (181 qs ��► 1��346 539 JS f 39 ) 37 e �� ��3810 A73) 289 flag) "27(73) ti �561� 3�► f4572)JJ8 3 16(343) f744) —85(205) 622 <�t�6��00 " �a E.,.•Y� 4)657 �87(134 Cedes Creek M; f35g)2pJ ` q� (45 )z b - (176)75 y aY�Spf14 4, 75(145) 532(910) � i 4-352(1196) — ��77(118) ass rry�= ley ..� �'}� o r n �� 75Cedar Creek 213 a P (52) 3S�) (66)131 ..,M Route 622 $ Grade z r (856)968�� j4W t.} 4 622 (803 616....E CO, AM �~o qN AM Peak Hour(PM Peak Hour) WINVIOMMam New Intersection O Round -about -1 H \L1 l Figure 14: 2012 Build -out ADT and AM/PM Peak Hour Traffic Volumes A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 HPage 24 U • • U B(C) No Scale �oUtie 6�, Signalized �Cl$ Intersection LOS = B(C) 50 Route Signalized Intersection LOS B(C) nsignalized �� Intersection without Round -about �Pee �Z ` �dgeL q (CAB J�� *(B) ,p Route 37 m� Round -about 3 Round -about LOS = A(B) 621 it P+�e �� �Far1yD v rExtd without Round -about ply (QB Signalized P Intersection yl� LOS = B(C) �+ a Signalized Intersection ti Q. U W LpS=B(C) 37 Qj ►� . 1�� B(C) Creek Ceaex Ctaae 622 B1B l Jabal Dr Bx Orly A(A)* ti Unsignalized Intersection Q Denotes new intersections * Denotes critical unsignalized movement AM Peak Hour(PM Peak Hour) T T-N A 1 HlALI L Figure 15a 2012 Build -out LOS (Proffered Improvements) PHR1� A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 25 • Cl Signalized Intersection LOS = D(C) f=r ute 50 Signalized "Suggested Intersection Improvement" LOS = B(C) A(C) Signalization J��t Route 622 (C)B 4 AL0 V� G� I••��B(C) Route 622 3�Signalized Intersection LOS = B(C) Improvement" Signalization SB -1 Right Q C(D)* (QR Unsignalized /' Intersection � (A)* Route 622 Unsignalized Intersection j T1 Tl A 37 621 k Cep Ate Signalized !� Intersection LOS = C(D) C(D) 4— /Loer= t ect' Route 50 (D)C� n No Scale Signalized Intsection �� �► q </ B(C) 621 w(C)B (C)B Unsignalized J * Intersection "Suggested Improvement" �Q Signalized EB -1 Right Bree A(B)* Intersection LOS = C(C) NB - 1 Thru SB - I Right Unsignalized I ro ~ 4► n ers on p f_C(C) Unsignalized d �� Intersection d (C)C-ft.# 1 " _ (B)* 4 Juba] ` G� Earl Fktd Signalized Intersection LOS = C(E) G�1 d ~ C(E) a A barQ.�,L �C�`.► S ttF"" d a7 � s• r 622 * �gna zed Intersection LOS = C(E) *(B)A� edar Creek Grade Unsignalized Intersection Signalized �\ / Intersection try 44— LOS = B(C) ACM `, �qj "Suggested *(B)A%i I� � _Route 622 Improvement" 4 CJ�/► EB - 1 Thru � ctr �G *G Unsignalized WB - 1 Thru S4� �Aa Intersection Denotes Free -Flow Lane * Denotes critical unsignalized movement AM Peak Hour(PM Peak Hour) Denotes new intersections -17 �1ZL l Figure 15b 2012 Build -out LOS (w/ Suggested Regional Improvements) A Revised Phased Traffic Impact Analysis of Willow Run June 22, 2006 Page 26 0 0 r� • 0 • • CONCLUSIONS The traffic impacts associated with the proposed Willow Run development are acceptable and manageable. For Phase 1 and Phase 2, PHR+A has provided the following conclusions as well as "suggested improvement measures" that are required to achieve levels of service "C" or better per the Frederick County minimum standards. For unsignalized intersections with levels of service "D", traffic signalization is not suggested since traffic signalization warrants would not be satisfied. 2009 Phase 1 - As shown in Figure 9b, all existing intersections except Jubal Early Drive/Valley Avenue, Cedar Creek Grade/Route 11, Cedar Creek Grade/Route 37 interchange ramps and Cedar Creek Grade/Harvest Drive, will maintain levels of service "C" or better during 2009 Phase 1 build -out conditions (Improvements are shown at the intersection of Route 50/Route 37 interchange ramps since upgrades are currently underway). PHR+A has provided Figure 9a to show the "Proffered improvements". "Suggested regional improvements" are shown in Figure 9b to maintain acceptable levels of service during 2009 build -out conditions. 2012 Phase 2 - As shown in Figure 15b, all existing intersections except Jubal . Early Drive/Valley Avenue, Cedar Creek Grade/Route 11, Cedar Creek Grade/Route 37 interchange ramps, Cedar Creek Grade/Merrimans Lane and Cedar Creek Grade/Harvest Drive, will maintain levels of service "C" or better during Phase 2 2012 build -out conditions (Improvements are shown at the intersection of Route 50/Route 37 interchange ramps since upgrades are currently underway). Each of the aforementioned intersections, except the intersection of Cedar Creek Grade/Merrimans Lane, will maintain unacceptable levels of service during background and build -out conditions. PHR+A has provided Figure 11a and Figure 15a to show the "Proffered improvements" and Figure 1lb and Figure 15b to show the "suggested regional improvements" for 2012 background and build -out conditions, respectively. • A Revised Phased Traffic Impact Analysis of Willow Run June 2 R A 2, 27 1 Pagee 27H7 0 Willow Run Traditional Neighborhood Design Transportation Enhancements The Applicants' proffer statement has been designed to address the transportation impacts associated with the build -out of the residential and commercial land uses for the Willow Run Traditional Neighborhood Design Community, and to assist in the mitigation of several regional transportation issues that are a result of other developments and projected traffic volume increases. These proffered transportation improvements include the following: Proffered Transportation Improvement Program • Completely fund and construct the four -lane divided section of Jubal Early Drive from the current terminus in City of Winchester to the intersection serving the eastern neighborhood commercial land bays prior to issuance of the 3001h residential building permit. • Completely fund and construct the four -lane divided section of Jubal Early Drive from the eastern neighborhood commercial land bays to the first commercial center intersection prior to issuance of 450th residential building permit. • Completely fund and construct the four -lane divided section of Jubal Early Drive from the terminus of the first commercial center intersection to the Route 37 northbound on and off ramps prior to issuance of 600th residential building • permit. • Completely fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps using the existing bridge structure prior to the issuance of the 600th residential building permit. • Completely fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection prior to issuance of 800th residential building permit. • Completely fund and construct a roundabout at the Route 37 southbound on and off ramps, or execute a signalization agreement with VDOT to fully fund traffic signalization at the Route 37 southbound on and off ramps. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and Meadow Branch Avenue. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment at the commercial center intersection. • Execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. • Completely fund and construct right and left turn lanes at the intersection of Cedar Creek Grade and Birchmont Drive. • Allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. A Revised Phased Traffic Impact Analysis of Willow Run PWA+June 22, Pagee 28 28 N E r. y C. tow Oftes effr¢y n. Honley. P.C. t (00 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. Eu9i8PG1139 EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1-811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this � day of k 7Gi.,»z , 1998, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to -wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (2%) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated -Tu r4� 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book qo6, at page 5-61 . Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. 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 a (ow MeS effrey R. Homey, P.C. uj9f,1°it.il1+0 the same may now be in force and effect, but this deed shall not be construed as extending or reimposing said restrictions. WITNESS the following signatures and seals: C. Ridgely White By:„e4; L,,, e�� (Seal) M. Willis White, as attomey-in-fact for C. Ridgely White Eleanor S. White By: 'f'`/%� (Seal) M. Willis White, as attomey-in-fact. for Eleanor S. White COMMONWEALTH OF VIRGINIA CITY / COUNTY OF °%�i�n �_ , to -wit: The foregoing instrument -visas acknowledged before me in the jurisdiction '' aforesaid this �" day of 1998, by M. Willis White, attorney -in - fact for C. Ridgely White and Eleanor S. White, on their behalf. Given under my hand this // day of u/ 19�8 :• ' �: T ; of �Pub�lic. My Commission expires: 30 01 { VIRGINIA: FRE DER$C K COUNTY WE Thl Instrument o Wit g Wasgr�uced t�o�m,e�on�the� =� day f .19gyat Z,'Q /2-- � and with certfficate of acknowledgment thereto anfiexuo was d fued to record. Tax Imposed by Sec. 58.1-Do2 01 S , and 68.1-a01 have boons Paid, If assussaole. 'Clerk ~ . C7) tv c::D 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. i MARS]IALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability 1 company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars {$10.00) cash in hand paid by the ' o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby Nacknowledged at. and before the sealing and delivery of this deed, Grantors do hereby grant and "Ja convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7,082 acres, 3 more or less, both situate in Frederick County, Virginia, together with the improvements thereon, Mand all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: \ Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared byXeeler Obensbain PC P.O. Box 1287, Harrisonburg. Ylrglnla 22803 • 0 co ry Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247, Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature jeonneth d eal. F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO COVE PROP S, L.L.C. By; (SEAL) Name: r -s Title: 0 • C C�i r%17A CD lv c� STATE OF VIRGIMA CITY/eOei OF to -wit: The fore n in trument was acknowledged before me in the jurisdiction aforesaid this �?4/*�_(day of 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: Q30 OD (SEAL) /�^ , _ ` ���� �� `•_ N ary Public . Qa ... .. r STATE OF VIRGWIA• CITY/GGL41TY- 017'�o ) to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ay of , 2003, by Kenneth F. Marshall. My commission expires: 0 (SEAL) ` No Public Grantee's Address: 13 South Loudoun Street i o C, •=;01 Winchester, Virginia 22601 ': 7c, S V1RCi1, Ilri FREDERICCOUNTY Of writinggWILS produced tme on This in/sstrumentt j } / 1� 1 a[ and with certificate of acknowledgement thereto armexed by Sec_ 58.1-802 of was admitted to record. T imposed 3` 00.00 58.1-301 have been paid, if as'" ` , and 05-17-2004 11;57am From-HARRISON & JOHNSTON 5406671312 64UkiU61:i6 T-682 P.002 •F-337 Tax Map 53-A-92 and Tax Map 53-A-92A This instrument prepared by, Recordin_ requested by, ,Wend when recorded return to; Philip Tenley Jones, Esq. Miller and Smith at Willow Run, L.L.C. cio 3401 Greensboro Drive Suite 300 McLean Virginia 22102 DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE _N� Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into this la �kday of May, 2004, by and between WILLOW GROVE L.C. ("Willow Grove") a Virginia limited liability company, Grantor; and >l4ILLER AND SMITH AT WILLOW RUN, L.L.C., ("MS"), a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53-A-92 ("Willow Grove Property"), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records"). B. MS is the owner of 1.444 acres of land known as Tax Map 53-A-92A ("MS Property', having acquired the land by deed recorded as Instrument Number O� 0 00 199 7 , among the Land Records. (Willow Grove and MS, collectively, "Owners'. &C. It is the desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Property and MS Property, conveying to MS approximately 144.398 acres to form a Final MS Propertyy, as defined herein, and more particularly described in Exhibit A, attached hereto and made a pant hereof, all as shown on the plat attached hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOW GROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat"). NOW, THEREFORE, WITNESSETH= that for and in consideration of the sum of NINE iMILLION TWO HUNDRED FIFTY THOUSAND AND N0/100 DOLLARS ($9 250.000.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plat, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in accordance witli the statutes of Virginia governing the platting of land. -1- 06-17-2004 11;67am From-HARRISON 3 JOHNSTON • • 54066TWi T-662 P.003F-337 LA Final Willow Grove property Tax Map 53-A-92 N 139,901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM (Willow Grove Property) AND 139,901 _ACRES AND 4,497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1.444 ACRES (MS Property) TO CREATE ONE PARCEL OF 16,542 ACRES (Final Willow Grove Property Tax Map 53-A-92) AND DOES NOT CREATE ANEW BUILDING LOT. Final MS Property Tax Map 53-A-92A 139.901 ACRES A_N-D 4.497 ACRES ARE HEREBY ADDED TO (MS Property) AN'D 139,901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Property) TO CREATE ONE PARCEL OF 145.S42 ACRES (Final MS Propem. Tax Map 53-A-92A) AND DOES NOT CREATE ANEW BUILDING LOT. Final Tax Map 53-A-92A is now defined as the "Final MS Property" and is more particularly described in Exhibit A, attached hereto and made a part liereof. Final Tax Map 53-A-92 is now defined as the "Final Willow Grove Property" and is more particularly described in Exhibit B, attached hereto and made a part hereof. CONVEYANCE THIS DEED FURTHER WITNESSETH, That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged. Willow Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, unto MS and their successors and assigns, in fee simple, all that certain land and premises situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tax Map 53-A-92 as listed above as 139.901 acres and 4.497 acres, that are now a part of Final Tax Map 53-A-92A, all as more particularly described in the Plat ("Willow Grove Conveyance"). TOGETHER WITH the any buildings thereupon, and all of the ways, easements, rights. alleys, waters, covenants, benefits, rights -of -way, agreements, privileges. and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD, the property and appurtenances unto and to the use of Gratt[cc. its successors and assigns in fee simple, forever - AND the Grantor hereby covenants to and with Grantee and its successors and assigns that [hey have not done or suffered to be done any act. matter or thing whatsoever. to encutnher the -2. 05-17-2004 11:67am From-HARRISON 8 JOHNSTON • 640667131E T-682 P.004 �3T property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. i Go VACATIONS THIS DEED FURTHER WITNESSETH That for and in consideration of the premises and the sum of One Dollar (S 1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portions of easements recorded in Deed Book 550, at Page 256 shown as "Existing 20' R/W (Hereby Vacated)" on the Plat. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any provision. This Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia. WITNESS the following signatures and seals: WILLOW GROVE: Willow Grove, LC, a Virginia limited liability company By: ` Wil is White, Manager State of Virginia County of fl cdt!" f l I, the undersigned NotaryPublic, in and for the State and County aforesaid, do hereby certify that M. Willis Wtti te, whose name is signed to the foregoing document as Manager, on behalf o f the Willow Grove, LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. �� Given under my hand and seal this % day of May, ?DO 0.' My commission expires: 3J Lco6 , •� ��' J N Public a -3. 05-17-2004 11;67am From-HARRISON 6 JOHNSTON MS State of Virginia County of Fairfax 6406671312 T-682 P-006 F-337 Miller and Smith at Willow Run, L.1_..C.. a Virginia limited liability company By. arles F. S an;,YManager I, the undersigned Notary Public, in and forthe State and County aforesaid, do hereby certify that Charles F. Stuan. Jr., whose name is signed to the foregoing document as Manager, on behalf of the Miller and Smith at Willow Run, L.L.C,, appeared before me and personally acknowledged the same in my jurisdiction aforesaid, Given under my hand and seal this % day of May, 2004. My commission expires: 4- �t • cG. 7� otary ublic i -4- 05-11-2004 11:57am From-HARRISON & JOHNSTON 0 5406671312 T-682 P.006/018 F-337 • EXHIBIT A , •.-1 To DEED OF BOUNDARY LINE ADJUSTMENT, VACATION .�ND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF o MILLER AND SMITH AT WILLOW RUN, L.L.C. — PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly corner of the Willow Grove L.C. land (PIN 53-A-92); thence with the said Willow Grove L.C. land for the four following courses: S 3 8° 49' 23" E—1,070.22 feet to a point; thence N 80" 23' 26" E— 952.35 feet to a point; thence S 53° 46' 18" E—1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53-A-90); thence with the said line of the land of 740 LLC, S 44' 32' 51" E — 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53-A-91); thence with the said line of the land of Greystone Properties, LLC, S 350 42' 09" W — 2,403.40 feet to the most westerly corner of the said Greystone Properties, LLC land and the northerly line of the land of ]ova Properties, LLC (PIN 63-A-1); thence with the said ]ova Properties, LLC land for the two following courses: N 44' 37' 34" W—1,195.84 feet to the most northerly comer of the said ]ova Properties, LLC land; thence continuing with another line of the land of ]ova Properties, LLC, S 400 31' 36" W — 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53-3-A); thence with the northerly line of the said Willow Grove L.C. land, N 40° 50' 23" W — 571.97 feet to the most easterly corner of the Melco, Inc. land (PIN 53-A-94); thence with the northerly line of the said Melco, Inc. land, N 40° 48' 27" W — 365.07 feet to the most northerly comer of the said Melco, Inc. land, a corner to the aforementioned Willow Grove L.C. land; thence continuing with another line of the Willow Grove L.C. land, N 41' 01' 53" W — 658.63 feet to a concrete monument found in easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterly right of way line of Merriman's Lane for the 13 following courses: N 14° 22' 45" W— 78.16 feet to a concrete monument found at the P.C. ofacurve to the right; thence with the Arc of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13' 26' 54" E — 80.62 feet) to the P.T.; thence N 75" 20' 52" E — 228.61 feet to a concrete monument found; thence N 59' 10' 51" E—109.08 feet to a concrete monument found; thence N 260 05' 28" E — 98.77 feet to a concrete monument found; thence N 22' 35' 16" W — 150.77 feet to a concrete monument found; thence N 310 54' 53" E — 138.70 feet to a concrete monument found; thenceN 090 48' 02" E— 275.47 feet; thence N 07' 05' 21" W—198.96 feet to the P.C. of a curve to the right; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13° 51' 17" E-469.72 feet) to the P.T.; thence N 110 58' 27" E — 73.79 feet to a point; thence N 54' 02' 19" W — 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline of Merriman's Lane with the Arc of a curve to the right 117.84 feet (Radius = 477.47 feet; Chord = N 43' 01' 54" E — 117.54 feet) to the point of beginning." Containing ........ 141.345 Acres AND -5- Ci 05-17-2004 11:57am From-HARRISON & JOHNSTON 0 5406671312 7-662 P.007/F-337 0 EXHIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. t= VACATION AND SPECIAL WARRANTY CONVEYANCE �o METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGEWA Area on 'Nest Side of Merriman's Lane "Beginning at a point at the intersection of the easterly right of way line of Route 37 and the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line ofRoute 37, N 100 52' 08" E — 466.39 .feet to an iron rod at the most southerly comer of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36° 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 621 (Merriman's Lane) for the five following courses: S 040 47' 26" E — 259.50 feet to a point; thence S 000 58' 28" W—272.68 feet to a concrete monument found; thence S 29' 38' 24" W — 271.73 feet to a point; thence S 540 18' 52" W — 226.78 feet to a concrete monument found; thence N 53° 49' 29" W — 93.87 feet to the point of beginning." Containing ........ 4.497 Acres -6- 06-17-2004 11;68am 0 From-HARRISON 8 JOHNSTON 5406671312 T-682 P.008/018 F-337 • EXHIBIT B To ..._ DEED OF 13OUNDARY LINE ADJUSTMENT. to VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF WILLOW GROVE L.C. AFTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA "Beginning at a point in the center of Merriman's Lane at the most westerly corner of the Miller and Smith at Willow Run, L.L.C. land (PIN 53-A-92A); thence with the centerline of Merriman's Lane for the two following courses, with the Arc of a curve to the right 60.60 feet (Radius = 477.47 feet; Chord = N 53' 44' 17" E - 60.56 feet) to a point; thence N 570 22' 27" E-105.00 feet to a point, a corner to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 50' 25' 30" E - 742.86 feet to a point; thence S 68' 26' 13" E - 169.25 feet to an iron rod found; thence N 34° 04' 34" E - 97.74 feet to an iron rod found; thence with the Arc of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord = N 210 02' 50" E - 96.14 feet) to a point; thence N 08' 01' 06" P - 65.70 feet to an iron rod found; thence S 63' 32' 51", E-1,075.48 feet to a point; thence S 44' 32' 51" E - 1,116.79 feet to a point, a comer to the Miller and Smith at Willow Run, L.L.C. land; thence with the northerly line of the Miller and Smith at Willow Run, L.L.C. land for the three following courses: N 53' 46' 18" W-1,366.24 feet to a point; thence S 80' 23' 26" W - 952.35 feet to a point; thence N 38° 49' 23" W - 1,070.22 feet to the point of beginning." Containing 16.542 Acres -7- Ci LOW Offices ey FL Homey, Rc BK9I8PG1141 11 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMPT FROM RECORDATION TARE A` ND F� PROVISIONS OF THE 1950 CODE OF VIRGINIA, AS AMENDED IP THIS DEED made and entered into this 1/4=day of 19_9& by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto thQ Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to -wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1817.4-5 Zc AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,_ofrecord of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. Ridgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. 0 �i tnw Offices wrey R. Hanley. P.0 0 BK9 I SPG 1 142 This deed is made subject to the conditions, restrictions and easements set Forth in deeds of record conveying the land and constituting constructive notice, nsofar as the same may now be in force and effect, but this deed shall not be construed as extending or reimposing se:d restrictions. RrlTNESS the following signatures and seats: C. Ridgely White By: (Seal) M. illis White, as attorney -in -fact for C. Ridgely White Eleanor S. White By: ��� (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGINIA CUY/COUNTY OF � — � to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid thisday o '�� '19 a / o ' by M. Willis White, attorney -in -fact for C. Ridgely White and Eleanor S. White, on their behalf. Given under my hand this 11�'4 day ofOJ � �g ' '- ►•, a _4.0itary Public My Commission expires: VIRGINL4- FRED W X COLK K 9" Thi strumant of was uced fine on the daypt .,toZp�+t t. "' and with certificate of aoknowles3ebt Sec. i6. 002 u< was mined to rocord. Tax imposedY _ , and ba."01 have been paid, U assessabru. 4e44. 1"-o? - Clerk 11-14-2005 10:20 From-MICHAEL L BRYAN 0 5405454130 T-350 P.002 0 F-655 mcr J. CHASM M. i B09l AWBN STUNT WM('HF.\'I'tiH, V10.C.lNU?_0111 1 SMq tb:-l7m 040017302 to rn This DEED made and dated this ai day of _ 2004, by and between MELCO, INC, a Virginia Corporation, hereinafter called the Grantor; and MILLER and SMITH at WILLOW RUM, ILL , a Virginia Limited Litbility Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of this sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged. Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY, all that certain land being situate in Frederick County, Virginia, and being more particularly described as follows: See attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above -described property, GrantorJereby covenants with Grantee, its successors and assigns, that Grantor is lawfully seised in -fee simple of the above -described premises; that it has a good right to convey; that the premises are free from all encumbrances; that the Grantor will forever warrant and defend all of the above -described property to Grantee. its successors and assigns, against every person lawfully +claiming the same or any part thereof through the Grantor; that the Grantor will guarantee the quiet enjoyment of the above -described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; and that the Grantor will, on demand of Grantee or its successors or assigns , execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required, The following action is by corporate resolution and the undersigned has full authority to act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation. 11-14-2005 10:20 From-MICHAEL L BRYAN 5405454130 T-350 P.003 F-555 O J WITNESS the following signatures and seal: 4ELCS, INC. 13T HER *0DEN,P_re_si­nt STATE O'F _&�tm �, CITY/C ydNTY of 110-Wit; 1 �a /� , a Notary Public in and for the State of and jurisdiction aforesaid do hereby certify that MELCO, INC, a Virginia Corporation by CHRTSTPUER A. MOLDFN, President, whose name is signed the foregoing Deed, bearing date of the .71 day of4�1 2004. have personally appeared before me and acknowledged the same. Given under my hand this g-J_ day of 6-, 2004. My Commission Expires: of ubic i W ;• ` 40 Jn t .ti�'Qyl► (' 11-14-2005 10:20 0 From-MICHAEL L BRYAN 5405464130 T-350 P.004 F-555 EXHIBIT A All that certain tract of land, including the twenty foot easement of ingress and egress, lying; and being situate in Back Creek Magisterial District (formerly Shawnee Magist'erial District). Frederick County, Virginia. southeast of Merriman Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert, C.L.S., dated June 12, 1956 attached to that certain Deed of Conveyance by which Boyd J. Harriman acquired said property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the Office of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 243, at Page 344 to which deed and plat reference is hereto [Wade for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Winifred S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285, at Page 326 and Horace C. Brown by Deed dated May 21. 1963 of recorded in the aforesaid Clerk's Office in Deed Book 288. at Page 515. Less and except 1,40 acres, more or less conveyed out in Deed Book 329, at Page 3& Southeast of Merriman's Lane, including a 20' easement for ingress/egress to be used in common with other and more particularly described in the Metes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565, at Page 783. 11-14-2005 10:20 From-MICHAEL L BRYAN 5405454130 T-360 P.006 F-656 Ce Ci. N%'M & BOUNDS IaESCRI)?TION F"DIZRICK COUNTY TAX PARCEL 53-A-94 -Me accompanyinZ plat entitled "Boundary and House Location Survey ofthc land of Me1co, Inc." dated August 25, 2004 represents a boundary survey of all of the W-id conveyed to Melco' Inc. by deed dated September 15, 1980 of record in the office of the Clerk of the CircuM Court ofFndaxia County, Vzr nia in Deed Book 565 at Page 783. The said land fronts the southeastern tern ,= of a 20' private right-of-way now known as Orchard Lane shout 1400 feet southeast of its intro-ecdm with Menimans Lane (Va. M to 621) in Shawnee Magisterial District., Frederick County, Vhrginitt and is more particularly bounded as follows: Beginna'.ng at a'A" iron rebar & cap set at the sonthcastem terminus of a 20' private right - of way now known as Orchard Lane (see Deed Book 243 at Page 344), corner to Willow prove L.C. and in a line of Millar and Smith at 'Willow Run, LL.C.; tbs with 1AWer and Smith at Willow Run, L-T-C. S 4004 127" E - 365.07' to a th" iron rebar do cap set, corner to Willow Grovc L.C.; tisance with Willow Chova L.C. S 300N'37" W - 68IA17 to a � iron rebar found, corner to James C. Gordan, Jr., et = thence with Gordon N 53043'23" W - 350.75' to a nail set in a comer fence post, in a line of Willow Grove L.C.; thence wish Willow Grove L.C. N _V-25'08" E - 763AT to the beginning Containing.................................................................... 5.7583 Acres. Surveyed ........ ,*......................................................... Aup&t 25, 2004` VIRUINIA: FREDERICK COUNTY, SCT. T S irutrutncnt of vairing was produced to rue on --_- j D�Dwajt. .��®-E.} yC'Mand will cet �[i�� ent left[q BpRCacd R1Cpp D S wasto record. T imposed by Sc!c- 58.1-802 of No. admitted $ and 58.1.801 /002550. $r � _' have been paid, if assessable 4.04 4.4-2-V .Qwk S I� 0 • rn si,raur s. Lotleee i rioter. IA 11 —,:•- BR87IPGO032 THIS DEED, made and dated this llt-� :�z day of December, 1996, by and between C. RIDGELY WHI and ELEANOR S. Jf iI , husband and wife, by N. WILLIS WHITE, their Attorney -in -Fact, hereinafter called the Grantors, and WILLOW GROVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek District, F�edt_i._i,ck County, Virginia, bearing tax map number'-3_3_.A+-and being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely White) by will of Lucy M. Back, which is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 31, 1973 to Eleanor S. White, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: 1--3'/� 9(1C00 E • fbile.06 BK87 I P60033 SEAL ] C. RIDGELY WHITE by M. Willis White, his Attorney -in -Fact �[ SEAL I ELEANOR S. WHITE by M. Willis White. her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this l Q}V— day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDGELY WHITE and ELEANOR S. WHITE, on their behalf. My commission expires: �%��" �� �/, '&XXo JNOTARY P B IC V1nGINIA: FREDERICK COUNTY, SCT. This nalrumenl of writing was produced to me on the .1�day 01 -aG 182�f, at 1C> zl end wtlh certificate of acknowbdgmenl theroto annexed was admitted to record. Tex Imposed by Sec. 58.1.802 of 11.2 A and 58.1-001 have be/eennQpraiid If ■esessable J Chwk ' 6600 l[)S( t ' • • co 030024683 DEED is made this 17th day of October 2003, b and between PEMBROKE THIS D y Y i COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability ' company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars {$10.00) cash in hand paid by the # Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby Nacknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and s a convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7,082 acres, (� 3 more or less, both situate in Frederick County, Virginia, together with the improvements thereon, t'1 and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: ` Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112,185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1179, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keeler Obensl+pin PC P.O. Box 1i87, Harrisonburg, Yirginla 22803 J N) co ry Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. CTTact:Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. IeAhne F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO�E COVE PROP S, L.L.C. By: (SEAL) Name: c .s Title: mn ,,o � e, — ! r.n r �I 0 n L� 0 STATE OF VIRGINIA C, CITY/261�#T OF r to -wit: The fore 'n in trument was acknowledged before me in the jurisdiction aforesaid this A?day of Z2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf, My commission expires: rI M1r,,r " (SEAL) a: •� p C i N ary Public STAT$ OF VIRGINIA `� /_ CITY/`'G: rWTYOI-�%!�t';K f�LL to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this of 2003, by Kenneth F. Marshall. ,? Y_ , My commission expires: (9 19(90 6— (SEAL) Qca� ` No Public Grantee's Address: `' • t ��,� N �'> 13 South Loudoun Street i o Cj a =;•Ja Winchester, Virginia 226017C, S� �� osj22979 VIRCiINIP FREDERIC'rCUStomcon -This instrument of writing producedI ry Q at.+ ` r3 A.M. alld with certificate of ac?mowledgement thereto ar<nexed was admitted to record. T imposed by Sec- 58.1-802 of S 100,0 0 , and 58.1.801 have been paid, if a ,Clerk �'I ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 406620001 FRQ:F Sup#: 1" Name: 1740, LLC Account#: 14326 Name 2: F----_ Map#: 53 A 90 Address: F Description: 125.00 ACRES PO BOX 87 F (WINCHESTER, VA 22604 Bill Date: 06/05/2006 Due Date: f 06/05/2006 .7 is L.and:1 $331,000 Improve: $196,400 Use: Original Bill;[— $1,384.43 Payments: $1,384.43- Acres: ---- 25.0 Penalty Paid: Int Paid:— Discount: Amount Owed:) Other: I Last Date: 1 06/07/2006 Total Owed: I 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 main. l; a£C Type i'ransacdon An'iount Ua4lnci 6/5/2006 Charge 0 $1,384.43 $1,384.43 6/7/2006 Payment 17922 ($1,384.43) S0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 11 /20/2006 Vic\-rDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 132480001 FRQ:F Sup#: Iv 0 • Name: IGREYSTONE PROPERTIES, LLC Account#: J14327 Name 2: F Map#: 153 A 91 Address: j Description: 1112.19 ACREST 13 S LOUDOUN ST PWINCHESTER, VA­- 22601 Rill Date: 10 106 512 006 Due Date: 106/05/2006 Land: $1,402,400 Improve: $8,400 Ori-inal Rill:I $112.12 Payments: F $112.12- Penalty Paid: Amount Owed: Int Paid: Use: 1 $34,310 Acres: 112.19 Discount: Other: 11 Last Date: 1 06/06/2006 "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 aeain. Type Tt'i1E1sncfioll 4 Amount llml<llm' 6/5/2006 Charge 0 $112.12 $112.12 6/6/2006 Payment 24932 ($112.12) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 11 /20/2006 ViewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2005 REAL ESTATE TAXES Dehartmcnt# : RE2005 Ticket #: 381430001 FRQ:F Supth lv Name: (WILLOW GROVE, LC Account#: 37183 Name 2: Map#: 153 A 92 Address: Description: 16.54 ACRES 720 S BRADDOCK ST I • • WINCHESTER, VA 22601 Bill Date: �06/06/2005 Due Date: 06/06/2005 Land: - $324,100 Improve: $378,100 Original Bill: $1,243.22 Payments: $1,243.22- Penalty Paid: Int Paid: ltuount Owed:1 Othct•: i Use: $95,507 Acres: 16.54 Discount: Last Date: 05/17/2005 Total Owed:; Penalty: ( Interest: �— \ute that it payment has been received within the last 10 business days. any returned items may not be posted at this tinge. ]'(case check the website again. 1')nf(' Type ` rans<aedon -- Antomit ?3alat:r:r 6/6/2005 Charge 0 $1,243.22 $1,243.22 5/17/2005 Pavment 72025 ($1,243.22) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous htt i)s://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 11 /20/2006 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 242080001 FRQ:F Sup#: j0 ILLER & SMITH AT WILLOW RUN, LLC Account#: 27641 Name: Fm Name 2: r��-- Map#: 153 A 92A Address: I� Description: 1145.84 ACRES • C7 18401 GREENSBORO DR STE 300 IMCLEAN, VA 22102 Bill I)ate: �06/05/2006 1)ue Date: 06/05/2006 Land: [$1,234,200 Improve: $246,800 Use: 0ri;;inal BillC $3,887.63 Payments: $3,887.63- Acres: F 145.84 Penalty Paid:- Int Paid:—_--_-� Discount:-- _-- Aniotmt Owed:! Other: Last Date: 05/23/2006 Total 0) ed:l Penalty: F Interest: ` otc that if payment has been received within the last 10 business days, any returned items may not be posted at this Please check the website attain. D:IicType Transoction?fi Amount '!,,Ilene(' 6/5/2006 Charge 0 $3,887.63 $3,887.63 5/23/2006 Pavment 91621 ($3,887.63) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search± Previous https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 11 /20/2006 ViewDetail � • Page 1 of 1 .7 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : FRE2006 Ticket #: 406630001 FRQ:[1 Sup#: lv Nance: 750, LLC Account#:11328 Name 2: 1 Map#: 153 A 92B Address: F Description: 111.08 ARCES 1750 MERRIMANS LN I (WINCHESTER, VA 22601 w—LL-- Rill Date: 06/05/2006 Due Date: 06/05/2006 Land: 1 $217,000 Improve:—`$534,800 Use: �— Original Rill:—_--$1,973.48 Payments: $1,973.48- Acres: 1 11.8 Penalty Paid:[ Int Paid: r_--- — Discount: F—_-- Aniount OwedF Other: I Last Date: 1 06/02/2006 FotaI Owed: �� Penalty: _ Interest: F Note that if payment has been received within the last 10 business days. any returned items may not be posted at this tinic. Please check the website aain. l ;;Ie hyl)E lrazmletloll `, Ain (mnt 8sli'< —w- 6/5/2006 Charge 0 51,973.48 51,973.48 6/2/2006 Payment 4836 ($1,973.48) $0.00 1 Use the print Ivey for your browser to print a copy of tales paid for this year. New Search Previous littps://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 11/20/2006 V lewDetall • Page I of I • :7 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : IRE2006 Ticket th 242090001 FRQ:F1— Sup#: 6-- Name: (MILLER & SMITH AT WILLOW RUN, LLC Account#: 114329 Namc 2: 1 Map#: 153 A 94-- Address: I Description: 15.60 ACRES 18401 GREENSBORO DR STE 300 MCLEAN, VA 122102 Bill Date: 106/05/2006 Due Date: 06/05/2006 Land: $137,000 Improve: ( $612,900 Use: Ori-inal Bill:[— $1,968.49 Payments: $1,968.49- Acres: I 5.60 : Penalty PaidInt Paid: I Discount: I ,Amount ONved:l Other: I — Last Date: 1 05/23/2006 Total O`ved: � - Penalty: � — Interest: �^- tc that if payment has been received within the fast 10 business days. any returned items may not be posted at this ,:111 .'. Please check the websile at -min. AtoounI 6/5/2006 Charge 0 $1,968.49 $1,968.49 5/23/2006 Payment 91621 ($1,968.49) $0.00 1 Use the print Ivey for your browser to print a copy of taxes paid for this year. New Search I Previous I►t t hs:ll\vww.co.fi-edericic.va.us/applications/REPubliclnquiry/V iewDetail.aspx 11/20/2006 ViewDetai1 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail i 2006 REAL ESTATE TAXES Depart mentit : �RE2006 Ticket #: 3 20001 FRQ:V Sup#: • 0 Bill Date: 106/0512006 Name: ,WILLOW GROVE, LC Account4:114334 Name 2: Map#: 153 3 A Address: Description: 133.37 ACRES 720 S BRADDOCK ST WINCHESTER, VA 22601 Due Date: 06/05/2006 L and:1 . $309,100 Improve: ) Use: Original Bill• F $811.39 Payments: 1 $811.39- Acres: � 33.37 Penalty Paid: Int Paid: F— Discount: , ,Aniount Owed: __ Other: I Last Date: 05/01/2006 Total Owed: IPenalty: Interest: `'cite that il'payment has been received within the last 10 business days, any returned items may not be posted at this Please check the website w-ain. fyp: 1 ra.maction Amount @l di lncv 6/5/2006 Charge 0 $811.39 $811.39 5/1/2006 Payment 34203 ($811.39) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous h t t ps://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 11 /20/2006 \/iewDetail 0 Page I of 1 Real Estate Public Inquiry Ticket Detail Is 2006 REAL ESTATE TAXES i1l'1)2u'tnlCnt# (RE2006 Ticket #: 132490001 FRQ:F Sup#: 1t0 — Name: GREYSTONE PROPERTIES, LLC Account#: 19974 Name 2: �u Map#: 163 A 2A Address: I Description: F08 ACRES C] • 113 S LOUDOUN ST i WINCHESTER, VA 122601 I F Rill Date: 06/05/2 006 Due Date: 06/05/2006 Land: ^� $161,200 Improve: Use: — $1,204 �_-- OI-iginalI3i11:1 - $3.16 -- Payments: f $3.16- Acres: 7.8 Penalty Paidd Int Paid: Discount: Amount Owed: Other: � Last Date: 06/06/2006 Total Owed: Penalty: — Interest:--^— . .. ... _ .............. .......... 'rote that if payment has been received within the last 10 .. . _.._. business days. any returned items may not be hosted at this ac. 11case check the vvebsite main. ....,., 1yh:' 1r2tfl4<st'tiOi; " .'4.i;iC)tiF3t �tf�2ti;t:t 6/5/2006 Charge 0 $3.16 $3.16 6/6/2006 Payment 24932 ($3.16) $0.00 1 Use the print Icey for your browser to print a copy of taxes paid for this year. New Search Previous Iittl)s://www.co.fredericic.va.us/applications/REPubliclnquiry/ViewDetail.aspx 11/20/2006 CCU: "�jr). t P COUNTY of FREDERICK W �+ Department of Planning and Development ® 540/ 665-5651 P'AX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 27, 2007 The amount of $100.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for two signs for Rezoning #21-06 for Willow Run. 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 $100.00 to: Miller & Smith at Willow Run 8401 Greensboro Dr. Suite 300 McLean, VA 22102 RSA/pd 2197107 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • r - RECEIVED FROM i ir1, MO. ' t i Ja DATE E (ti- ADDRESS 8 `-� '� l 108 Net Amount `�'�✓iwL ,1CCi Rory , aXi� 39097.00 FOR j ^rat _ . i+ r 1 1 is - / DOLLARS $��i� J i 1 1 ti ` (�CIA '�-,, •,ter. 1 ✓ ACCOUNT:c�,ti���'f`•- AMT PAID CASH BACE 4 I CHECK DUE MONEY �` ORDER I BY siness ft�ed fee due �stbe e0 due Sme55 Fitstat4c°� Real 'r"S",isoict Ste'' tt,% sale Scree s V 00 e dlla�t�y See°° t4t°ve 4ecsp°a tate Real Es D trc Saeitarl , ht Saeet�by tie bilked Otthe tes as oe �Otce AadCess stet °e s 1�ackCOurty�tea �teaett p 0 Vol. O�A225 or- S40) J tcaee-0CV.V s c0. a �eots OtoaOff@ Oo`.oe4 uS F°t,�a�lo COS (Ctee4o, ,-fjl ,�awh Q:30acc' eakdR+ 0%�1 d d `meats M°nday� may be i`s ie �°ca • r r • . • • � O a �xtenaeah°o tot Beta r • • .G1S �tA3se,Eae, r . • •�10ET'f�d t�Ba�e�dbe of • x • C1' atect�e°o,N\edBe es T A X.COUNTY AM ORNDOFF, 225 R E C E I P T JR FORatetbatto `bestofmgiDegS / HESTER VA 22604-0225 ot`ed50%t°tBo. GN DEPOSITS PLANNING vs S. Vkatote , / Sfgoat°re DEPT OF PLANNING & DEVELOPMENT Ticket #:00005210001 Date : 11/16/2005 Register: CAL/CA Trans. #: 03650 Dept # 1095 Acct# Previous Balance $ 150.00 Principal Being Paid $ 150.00 Penalty $ .00 Interest $ .00 Amount Paid $ 150.00 *Balance Due. $ .00 Pd by DEPT OF PLANNING & DEVELOPMENT Check 42047.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2005 0 0 /tN GREENWAY'ENGINEERING \47 151 Windy Hill Lane Fotndedin 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Final Traffic Im Pile No: 380OWG Date March 6, 2007 To: FC Planning Attn: Susan Eddv Copied Delivery: ❑ Fed Ex ❑ Other ❑ Urgent ❑ For Your Review ❑ U.S. Mail sis From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ® Courier ® As You Requested Message: Hi Susan, Please find attached the complete TIA dated 6-22-06 as requested. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: ❑ Pick Up ❑ Please Comment d • 0 ejN GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Proffer Statement F E B 2 1 2007 File No: 380OWG Date February 21, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Susan, ® Courier ® As You Requested ❑ Pick Up ® Please Comment Please find attached the final Proffer Statement for Willow Run with original owner signatures that we are filing for the February 28, 2007 Board of Supervisors agenda. Please note the attached summary sheet for two additional revisions that have been made since you and I last met to discuss this project. Please contact me if you have any questions regarding this information or if you need any additional information. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 1' { • Route 37/Jubal Early Drive Interchange Current Language The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600"' residential building permit. The Applicants shall bond the new northbound and southbound on and off ramps no later than the issuance of the 300"' building permit. Additionally, the Applicants hereby proffer to dedicate right-of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. Edits The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. pfiar to the issu nee of the 609`h reside^*^' building permit. The Applicants shall bond commence construction of the new northbound and southbound on and off ramps within 24 months of final non -appealable rezoning approval and shall have this improvement available for public use within 60 months of final non -appealable rezoning approval or no later than the issuance of the 4Wd' 600`h building permit, whichever occurs first. Additionally, the Applicants hereby proffer to dedicate right-of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. Proposed Revision The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of the new northbound and southbound on and off ramps within 24 months of final non -appealable rezoning approval and shall have this improvement available for public use within 60 months of final non -appealable rezoning approval or no later than the issuance of the 600"' building permit, whichever occurs first. Additionally, the Applicants hereby proffer to dedicate right- of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. Aquatic Center Current Language F E 8 2 1 2007 The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non -appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. Edits The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be deeded available to Frederick County for a period of 5 years from the date of final non -appealable rezoning approval and shall be deeded to Frederick County within 90 days of written request by an exee.,ted irreveeable for public aGeess by VDOT and the County. If a eentraet : not exeeuted for the ,,,stmetion the County does not request the 5-acre site for the aquatic center within - 5 years from the date of final non -appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. Proposed Revision The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be available to Frederick County for a period of 5 years from the date of final non -appealable rezoning approval and shall be deeded to Frederick County within 90 days of written request by the County. If the County does not request the 5-acre site for the aquatic center within 5 years from the date of final non - appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 0 0 /d7\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Rezonin File No: 380OWG Date February 20, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy & Candice GREENWAY ENGINEERING Perkins Copied Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Urgent ® For Your Review Message: Hi Susan and Candice, Phone: 540-662-4185 Fax: 540-722-9528 ® Courier ® As You Requested ❑ Pick Up ® Please Comment Please find attached 30 color copy sets of all maps and exhibits associated with the Willow Run Rezoning Application, as well as 34 sets of the 11 x 17 Master Development Plan for the February 28, 2007 Board meeting. I will submit the final revised proffer statement as soon as we obtain the final owner signatures which should occur today or tomorrow at the latest. Please review this information and advise me of any additional information that you need at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: F F B 2 0 2007 i • ,) COMMENTS ON THE WILLOW RUN PROJECT By: David Worthington, Land Owner in Frederick County February 6, 2007 Because of workload commitments that Roger Thomas understands I am unable to make the following comments in person. I appreciate this opportunity for my words to be read and entered into the public hearing portion of the meeting. First off, I want to thank Mr. Woody Bousquet and Mr. Jim Lawrence for their actions concerning the protection of the Abrams Creek wetlands. This is a critical environmental feature in Frederick County and I am glad that through their combined efforts, and the willingness of the applicant, that this area appears to be saved, to a point. However, while this project contains some environmental protections, it lacks these same protections in other areas of the project. For example, there are large areas of mature forests on the Willow Run property. County staff in its November 9"' letter to the applicant noted that "some woodlands merit particular attention. Tree save areas of key woodlands, including the trees and associated stone wall along Orchard Lane, should be evaluated and shown on the MDP". However, the applicant's response seems to indicate that this request to protect key tree save areas has been largely ignored and it appears that this applicants intent is to clear cut most, if not all, of the mature forested areas within the project. The applicant's response does acknowledge the existence of these areas but states that the mature woods will be essentially impacted by construction and that perhaps a linear, single strand of trees, might be accommodated. No tree save areas is shown on the MDP. The consequence of this clear cutting action is dire to the wildlife in the area. Unlike previous proposed projects where wildlife had an opening to escape the construction activities there is no such opening for this project. This project is bounded by Rt 37 on the west, Cedar Creek Grade and further development to the south and residential areas to the east. There is simply no place for wildlife to stay or go. Unfortunately, if this project is approved in its present form wildlife will die as a result. I make this statement, not as an environmental novice but as one who has studied wildlife for years. Furthermore, I doubt this is the legacy that we want to remember the Willow Run project by; one of suffering and death. This project also contains a number of fragmented open space areas which do not help the wildlife at all. However, there is a solution that can resolve these concerns and still allow the applicant to build a substantial number of houses. If the applicant provides for tree save areas of the mature woodlands and connects these with open space corridors they can provide protection for the indigenous wildlife. This is not difficult to accomplish and is in keeping with the proposed Urban Development Area guidelines for green infrastructure. It will also add an attractive feature to the project by incorporating nature into the design. Therefore, I ask the applicant to review this suggestion and incorporate it into their master plan for the project. I also ask that the Planning Commission members request this action from the applicant so that the County is provided a project that resolves all environmental issues. I am also concerned with an apparent disconnect in the applicant's proposal. In the January 2007 proffer statement the applicant stated that "the only disturbance that will be permitted in the DSA or the resource protection area (RSA) adjacent to the wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing". However, the master plan appears to shows two sections of residential housing in the RSA area. These two areas of housing, both north of the Jubal Early Drive extension, is out of character with the rest of the DSA and RSA areas and, if not within these boundaries, certainly poses a threat to them. I know of no way for either the County or a homeowners association to keep these residents from adversely affecting this environmentally sensitive area. Therefore, I ask the applicant to remove these houses from the master plan and protect this area from development in keeping with the intent of the January proffer statement. I also ask that the Commissioners request this action, if needed. In closing, I also request that the applicant protect the existing historic properties and revises its proposal accordingly. These houses are as much a treasure as the wooded areas that surround them and much like them deserve protection. I hope that the Planning Committee shares this view and will work to provide this protection. I thank you for your time and appreciate your attention to my comments. Sincerely, David L. Worthington C T �J +RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 24, 2007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezonings of Rutherford Crossing and Willow Run Dear Evan: Attached you will find copies of the latest comments from the County Attorney's office concerning the proposed proffer statements for the rezonings of Rutherford Crossing and Willow Run. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, % &a/' `J Susan K. Eddy, AICP Senior Planner SKE/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 GREENWAY ENGINEERING JAI 2 3 2007 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: Willow Run Proffer Statement File No: 380OWG Date January 22, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Susan, ® Courier ® As You Requested ❑ Pick Up ® Please Comment Please find attached Page 5-7 of the Willow Run Proffer Statement and Page 1 of the Willow Run Community Design Modification Document that has beem revised to reflect the additional language that we discussed this afternoon. Please use this as slip sheet replacements for these document and advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Greenway Engineering September 1, 2005 • 5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 2. The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non -appealable rezoning approval, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 6001h dwelling unit, exclusive of building permits for model homes. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27,2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600th dwelling unit, but no later than the issuance of the 1,0001h dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities -)�- Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores and the aquatic center C.) Master Development Plan The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 • 7 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 p Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 Document submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200'h building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 6001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. File #3800WG/2006 TND REZONING/EAW M • MODIFICATION #1 § 165-68 Rezoning Procedure — Master Development Plan Ordinance Requirement In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. Alternative Design Standard In order to have land rezoned to the R4 District, a master development shall be submitted with the rezoning application. The rezoning and master development plan shall be reviewed and approved following the procedures described in Article II of this chapter. The master development plan shall be submitted as a proffered condition of the rezoning and shall serve as an overall guide for the development of the R4 District property. The following items will be considered as flexible design elements of the master development • plan and will be permitted to be modified through subsequent master development plan submittals without the requirement for conditional zoning amendments as specified in § 165-13D of this chapter. Master Development Plan Flexible Design Elements ➢ The Proffer Statement and Community Design Modification Document may be referenced on the Master Development Plan but does not have to be included as a required information item ➢ The scale of the Master Development Plan may exceed 1:100 provided that the information is legible at a scale acceptable to the Planning Director. ➢ A schedule and boundary of phases will not be required for the R4 District to allow for multiple product types to be developed simultaneously provided that the public and private streets and alleys serving the land uses are constructed to base pavement and bonded prior to building permit issuance. ➢ Acreages of environmental features will be provided on the initial master development plan and may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are not exceeded. ➢ Acreages and percentages of disturbed and protected land in environmental features and open space may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are not • exceeded. Willow Run Community Design Modification Document CK Department of Planning and Development 540/665-5651 FAX:540/665-6395 is MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner 5_KC RE: Rezoning Application Proffer Statement DATE: January 19, 2007 Please find attached to this memorandum the proffer statement for Willow Run dated January 4, 2007. You had previously reviewed a Willow Run proffer statement dated June 27, 2006. In general, I believe the applicant has incorporated the comments in your letter dated October 23, 2006. I wanted to draw your attention to specific proffers in the January 4t" version that are new or materially changed from the version that you reviewed. They are listed below: A6 — new; B 1 —revised; B2 — revised; B7 (last two bullets) — new; D5 — revised; D7 — new; D 10 — revised; D 14 — new; F1 —revised. Your comments on the above listed proffers would be appreciated. Willow Run is scheduled for the - - "- --Planning-Commission on February 7; therefore; this is the department's highest -priority for your - - - review. Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachment SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • i GREENWAY ENGINEERING 151 Windy Hill Lane Founded in irr Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Proffer Statement File No: 380OWG Date January 16, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ® Please Comment Message: Hi Susan, Please find attached the January 4, 2007 Proffer Statement for Willow Run with the original notarized owner signatures. This is the original of the same proffer statement that I discussed with you at the end of last week. Please contact me if you have any questions or if you need any additional information regarding this matter. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 0 • GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 December 22, 2006 Frederick County Planning Department Attn: Susan Eddy, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Willow Run Rezoning and Master Development Plan Public Hearing Dear Susan: i i �- . 2 2006 At the conclusion of the December 19, 2006 Planning Commission and Board of Supervisors work session for Willow Run, staff advised that the Rezoning and Master Development Plan Applications would be scheduled for the January 17, 2007 Planning Commission Agenda. Our project team has learned that the Commonwealth Transportation Board (CTB) is scheduled to consider the request for Limited Access Break for the new Jubal Early Drive interchange at Route 37 during their January session that is scheduled for January 18, 2007 through January 19, 2007. The Willow Run property owners understand that the CTB action for the Limited Access Break for this regional transportation improvement is significant to the Planning Commission and Board of Supervisors; therefore, we would request that the Rezoning and Master Development Plan Applications be scheduled for the February 7, 2007 Planning Commission Agenda. Our project team feels that this will assist the Planning Commission in their decision making process and will still allow for this project to be considered by the Board of Supervisors on February 28, 2007 if these applications are moved forward. Thank you for your assistance with the Willow Run project. Please contact me if you have any questions regarding this request or if you need any additional information at this time. Sincerely, Evan yatt, AIC Greenway Engineering Cc: Willow Run Project Team Engineers Surveyors Pile 03800WG/13AW Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com • 0 /t\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 197I Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Rezoning & Master Development Plan_ Applications File No: 3800WG Date December 22, 2006 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Susan, ® Courier ❑ As You Requested ❑ Pick Up ® Please Comment Please find attached a letter requesting that the Willow Run Rezoning and Master Development Plan Applications be rescheduled for the February 7, 2007 Planning Commission Agenda. Please advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 xE MEMORANDUM TO: Frederick County Planning Commission Frederick County Board of Supervisors FROM: Susan K. Eddy, AICP, Senior Planner SKI DATE: December 14, 2006 RE: December 19th PC Staff Application Briefing — Willow Run Rezoning As Planning Commissioners are aware, a staff application briefing on the Willow Run rezoning application will take place on Tuesday, December 19, 2006 at 12:00 p.m. in the Board of Supervisors Meeting Room. Members of the Board of Supervisors are also invited. Planning Commissioners and Board Members were sent extracts from the rezoning application on December 12, 2006. Today, the applicant forwarded staff a revised proffer statement that he would like considered at the briefing next week. This proffer statement, dated December 11, 2006, is attached. The proposed change is the inclusion of land for a county aquatic center. Changes have been made to proffers B(2) and F(1). The applicant is proposing, should the County request it, to reduce the commercial land area by five acres to provide land for an aquatic enter and also to receive recreational value credit for this, land and apply it toward the required recreational units. Although the proffer statement is not signed, I have been informed that the property owners have given their consent. Feel free to contact me if you need further information SKE/bad Attaclunent 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Cmen—y Engineering September 1, 2005 1 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2A06 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# 16-05 Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97t-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92;.53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 2 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revisal June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised Nuvombct 19, 2006 Revised December 11, 2006 said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no Case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. Flo M3800WG,r2006 TNIJ REZONING/EAW G—Way Engineering September 1, 2005 3 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised nexember 11, 2" 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 21d Floor Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying, No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any sub - File #3800WG1MW TND RELONINUFAW Greenway Engineering Septcmber 1, 2005 Revised November4, 2005 ' Revised November 30, 2005 Revised May 18, 2006 Revised Jut 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 19, 2006 Revised December 11, 2006 associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age - restricted covenant. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 14-foot centers and shall be a minimum of, four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(11) of this Proffer Statement. B.) Commercial Land Use I, The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right-of-way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #4 of this Proffer Statement. The Applicants proffer of right-of-way dedication for the new Route 37iJubal Early Drive interchange shall not court towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2, The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication. The 5-acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County, if a contract is not executed for the construction of the aquatic center within. 3 years from the date of final non -appealable rezoning approval, the proffer to deed File 0380DWU2006 TND REZONING/FAW i Greenway Fogineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October24, 2006 Revised Nave4w ta, 2006 Revised December 11, 2006 the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement, 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cernentous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Homeowners Association ("HOA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial -floor space prior to the issuance of the building permit for the 600'b dwelling unit, exclusive of building permits for model homes. 6, The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600'b dwelling unit, but no later than the issuance of the 1,000`' dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repar File N3800WGt2006 TND REZONING(RAW Greenway F-ngineering Sgxem6et 1, 2005 Revised November 4, 2005 ' Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised SgKember 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and Ml, Light industrial District that are not otherwise permitted in the B2, Business General District. C,) ]Plaster Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document submitted as a proffered document for this rezoning application. D.) Transportation Enhancements The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). File M3800WG2006 TND REZONING/EAW Greenway Engineering September 1, 20D5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised Septenibm 26, 2006 Revised ocWber 24, 2006 Revised November 18, 2006 Revised December 11, 2006 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be desined and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450'h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the fast commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600"' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600'h residential building permit. Additionally, the Applicants hereby proffer to provide right- of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600'h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. File k38WWG12006 TND REZONINGSAW 0 • Greenway Engineering September 1, 200s Revised Nav=tler 4,200.5 Revised November 30, 2005 Revised Mxy 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised Octobet 24, 2006 Revised November 18, 2006 Revised Dezember 11, 2006 7. The Applicants hereby proffer to dedicate the right-of-way required for the completion of Jubal Early Drive, the Route 37 northbound on and off ramps and the Merriman's Lane realignment within five years of final non -appealable Rezoning and proffered Master Development Plan approval if these transportation improvements are not constructed. 8, The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property, The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps, The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 4. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT, 11. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 20& residential permit. 12, The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. File M38GOWGI2006 TND RF.ZONING/EAW • Gr—way Engineering September 1,2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 19, 2006 Revised June 27, 2006 Revised september 26, 2006 Revised Oember 24, 2006 Revised November 18, 2006 Revised December 11, 2006 13. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 14. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 2000 residential building permit, exclusive of model homes. 15. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12-month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by -lie City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 16. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 17. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a He*3800wGI2006'1ND REZONINUEAW Gremway Fngkcerucg September 112005 10 Revised November 4, 2005 Revisal November 30, 2005 Revised May 19, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the HOA or sub - associations for Willow Run, E,) Monetary Contributions The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,OW.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the HOA or sub -associations' documents which will Fie M380OWG12006 TND RFZONING/EAW Gmcawiy Engin—ing stptember 1, 2005 11 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 20W Revised June 27, 2006 Revisal September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at 3ubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department, 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-V') published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. F.) Community Recreation The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600`s building permit. The maintenance of the community center building shall be the responsibility of the HOA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface Filc 83800WWW6 TND REZONINGIEAW 0 • Greenway Engineering September 1, 2005 12 Revised November4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 area of 3,500 square feet, which shall be completed prior to the issuance of the 600'h residential permit. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 60`s age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the HOA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement, 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the HOA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre marl -made water feature and along the segment continuing south along Sandyridge Boulevard. Hic #3800WG/20()6 TND REZONING/EAW Greenway Eagineeiing September 1.2005 13 Revised November 4, 2005 Revised November 30, 2A0s Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised Nuvembcr 18, 2006 Revised December 11, 2006 G.) Community Curbside Trash Collection The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the HOA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the HOA or sub - association until such time as this service is provided by Frederick' County or other municipal providers. H.) Creation of Homeowners Association 1. A HOA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA or sub -associations shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. Maintenance of private streets and alleyways. C. Residential curbside trash collection, d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run HOA or sub -associations, provisions creating an Architectural Review Board C'ARIV'). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design File 83800WGl2006 TND RE2:ONING1EAW 0 • G—Way Engineering September 1, 2005 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run HOA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the HOA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the HOA. I.) Environmental The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on talc map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 30 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands FkN3806wMOM TND REZONINGIEAw Greenway]?�g'tneering September 1, 2005 15 Revised November4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lone 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the HCA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices ("BMP') to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. . File M3800WCV2006 TND REZONINCWEAW E Greenway Fsgineering September 1, 2005 16 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 I Revised oclo x 24, 2006 Revised November 18, 2006 Revised December 11. 2006 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance, Respectfully Submitted: Willow Grove L.C. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 2p by Notary Public My Commission Expires File 1b3t WGnW6 TND kFZWNGrE +W 11 Grmway Eugineeriq J.) S!.Oatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November d 8, 2006 Revised December 11, 2006 0 1 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance, 740 LLC Commonwealth of Virginia., City/County of To Wit: Date I The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File k3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in I the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 750 L C Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File M3800WG/2006 TND REZONR4G/EAW Grunway Engincering September 1, 2005 19 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised Septembm 26, 2006 I Revised October 24, 2006 Revised November 18, 2006 Revised Dcc=bcr 11, 2006 J.) SiSi natures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. M. Miller and Smith at Willow Run L.L.C. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File M3800WGt2006TND RE7.ONRiGlEAW Cr--y Eagineuing September 1, 2D05 20 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revisal September 26, 20D6 Revised Octobrr 24, 2006 Revised Novcmt, r 18, 2006 I Revised December 11, 2006 J.) Signature atures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Greystone Properties LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File N3800WG(2006 7ND REzONINC/EAW COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM rF TO: Frederick County Planning Commission Frederick County Board of Supervisors FROM: Susan K. Eddy, AICP, Senior Planner S <e DATE: December 12, 2006 RE: December 19th PC Staff Application Briefing — Willow Run Rezoning As Plamling Commissioners are aware, a re -submittal of the Willow Run rezoning application has been received by staff. This is a complex rezoning, and the Chairman of the Planning Commission has requested a staff application briefing on this case. The briefing will take place on Tuesday. December 19, 2006 at 12:00 p.m. in the Board of Supervisors Meeting Room. Members of the Board of Supervisors are also invited. The purpose of this briefing is for staff to present the application to the Commission in an informal, but detailed format. Commissioners will be able to question staff. It is hoped that this will allow a depth of understanding not available in a public hearing session. No actions will be taken at this briefing. A public hearing will take place, as required by state and county codes, during a future Planning Commission meeting. The applicant is also being invited to attend, but will not have an active role. In order to acquaint Commissioners with this case, extracts from the rezoning application have been attached. Lunch will be provided, so please contact staff of your attendance by Friday, December 15. Feel free to contact me if you need further information SKE/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Greenway Engineering . September 1, 2005 , Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# ;a I-- b(o Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the 6 File #3800WG/2006 TND REZONWG/EAW Greenway Engineering ! September 1, 2005 • 2 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File #3800WG/2006 TND RE7.ONING/EAW Greenway Engineering September 1, 2005 • 3 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2nd Floor Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Homeowners' Association or sub -association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. File #3800WG/2006 TND REZONING/EAW Greenway Engineering • September 1, 2005 4 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right-of-way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #5 of this Proffer Statement. The Applicants proffer of right-of-way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal or dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association Declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 10 5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 3. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 4. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600th dwelling unit, exclusive of building permits for model homes. 5. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600th dwelling unit, but no later than the issuance of the 1,000th dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities -);- Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the File #3800WG/2006 TND REZONING/EAW Greenway Engineering is September 1, 2005 6 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be desi ned and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600th residential File #3800WG/2006 TND REZONING/EAW Greenway Engineering 40 September 1, 2005 7 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 building permit and bonded to ensure that the top coat of asphalt is guaranteed. S. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600th residential building permit. Additionally, the Applicants hereby proffer to provide right- of-way sufficient to allow for the construction of a two-lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to dedicate the right-of-way required for the completion of Jubal Early Drive, the Route 37 northbound on and off ramps and the Merriman's Lane realignment within five years of Rezoning and Master Development Plan approval if these transportation improvements are not constructed. 8. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. File #3800WG/2006 TND REZONING/EAW Greenway Engineering • September 1, 2005 8 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 10. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 11. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 200th residential permit. 12. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 13. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 14. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 200th residential building permit, exclusive of model homes. 15. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of rezoning approval with the remaining payments being made in 12 month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 9 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 16. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 17. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and .construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the Homeowners' Association or sub -association for the Willow Run community. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Section B(3) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts File #3800WG/2006 TND REZONING/EAW Greenway Engineering 10 September 1, 2005 M 10 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the Homeowners' Association documents which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 11 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the Homeowners' Association or sub -association for Willow Run. Additionally, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3- 500 square feet, which shall be completed prior to the issuance of the 600th residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 60th age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the Homeowners' Association or sub -association for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. Pile #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 12 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub -association for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre manmade water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association ("HOA") or sub -association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Homeowners Association 1. A Homeowners Association (HOA) or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 13 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the association or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the Association. I.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 14 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners Association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`BMW") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the -Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: W,il ow Grove L.C. Date aa-�( C�- �1�cj(��k mm l City/County of 1 \Jacc! To Wit: The foregoing instrument was acknowledged before me this 4-t2day of TDC—C- My Commission Expires a( Ca Notary P \11'1W1111/// �$° O B Eq •�MISSIUi• c � �/ � •) �JUSI 1,c 'P�• N 43:= 2 • o #DD450451 ed //�lllllll I i III1\����\ Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 19, 2006 Revised Jame 27, 2006 Revised september26, 2006 Revised October 24, 2006 Revised November 18, 2006 J,) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property: In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, 'the foregoing proffered conditions shall, apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 740 LL Date Commonwealth of Virginia, City/County of I eV t o Jp � To Wit: The foregoing instrument was acknowledged before me this ` Lday oft 20 b� by My Commission Expires 3� �010 File #3800WG/2006 TND RFZONWG/EAW 0 Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. ZX475-,LC Date City/County of e"Ce"jag-,fi To Wit: The foregoing instrument was acknowledged before me this 4 -D-day of 20D by -i'5(-) LLL �\\eSAll1�F^���f�� . . "\;S1ON Epp ?r) Jy\ �V#00��� •Q� 4604 5 �e O j 20 �y�el BnM1F.d Qpp'DQ'• i�Q\ n.lnsuraoce IIIIli1111 Greenway Engineering September 1, 2005 18 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Miller and mith Willow Run L.L.C. Date Commonwealth of Virginia, City/County of �c — To Wit: The foregoing instrument was acknowledged before me this �60 day of 200(o by --'6''�1.0Cr, � c��� � �` �`� �� ; 4��-.�` ��e��d i'� ►-4-� C�-{- �.,�:� 0 9lei.� �'a� �� t d�,��, Notary Public My Commission Expires File #3800WG/2006 TND REZONING/EAW Greenway Engineering 0 J•) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 0 19 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. BY: ''Al .L X �/�2�� i a► D Greystone Properties LLC ate Commonwealth of Virginia, Cit�County f Fred e r► c k To Wit: �. The foregoing instrument was acknowledged before me this day of �pe-r 20 CA, by —�o-mEs 1� X, n S CJmm►s5\ortRC) , )eS5►cc� rn . l,t�► I 4otary Public IJ My Commission Expires oJUrnYm;' )0 Q0o?, File #3800WG/2006 TND REZONING/EAW WAY" COME ok •II 300 I iII 1200 iII Iths GREENWAY ENGINEERING 1S1 wlna Hill Lam �r.ra r rnr Wlnahulr, VNylnla 22601 �.a. TalapMrN 662-41e5 C.R. 4""�C47tO of � DR. s 17. Doz a i11ow Run WIN CH ES TE R. VI RCINIA NOVEMBER 2006 LEGEND SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHE MULTI -FAMILY AGE RESTRICTED COMMERCIAL OPEN SPACE OWN • DEVEL•OPERS MILLER AND SMITH GREYSTONE PROPERTIES ;;q B I r°NN a �C d � fib �o o O nr�c� p a �. ,r Q, Cj � a,•� 1 '47 C's �1 PHASING LEGEND �PHASF I -,�00 PFRWT PHASE 2-450 PERMIT PHASE 3-600 PERMIT i 11 ow Run°° 0 °° W I N C H E S T E R, V I R G I N I A SCALE: I" = -700' WILLOW RUN TRANSPORTATION PHASING GREENWAY ENGINEERING 151 Windy Hill Lane NOVEMBER 2006 /ownd.d in 197f Winchester, Virginia 22602 En21— Telephone 540-662-4185 S_Yon FAX 540-722-9528 EXHIBIT 0WXERSfDEVELOPERS MILLER AND SMITH GREYSTONE PROPERTIES COU Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 23, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Willow Run Dear Evan: Attached you will find a copy of the review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of Willow Run. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Sj -C� /� - atL4 Susan K. Eddy, AICP Senior Planner SKE/bad Attachment 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 co 0 P11 f �IUL COUNTY of FRRDRRTC.0 Department of Planning and Development 540/665-5651 f� FAX: 540/ 665-6395 MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner SKE- RE: Rezoning Application Proffer Statements DATE: August 21, 2006 Please find attached to this memorandum the proffer statements for the Preserve at Jordan Springs rezoning application and the Willow Run rezoning application that have been submitted to the Department of Planning & Development. While you reviewed a Willow Run application last year, it has been changed considerably and is being resubmitted to you for review. The rezoning applications appear to be relatively close to being complete. Therefore, it is appropriate at this time for your office to provide a formal comment on the form and content of the proffer statements. Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator Attachments SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 W. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 14, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #21-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLAN #15-06 FOR WILLOW RUN On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 28, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning #21-06 of Willow Run including Master Development Plan #15-06 for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, 9r - Susan K. Eddy, Senior Planner Candice E. Perkins, Planner II SKE/CEP/bad 107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000 i 46 This is t c rtify that the attached correspondence was mailed to the following on fl from the Department of Planning and Develo ment, Frederick County, Virginia: SHIMP CHARLES JR CHAPMAN JULIA 1963 CIDERMILL LN WINCHESTER, VA 22601- SHONK ROBERT J SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN, TX 78738- SIRBAUGH FORREST E III SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- SUBEDI GUNA RAJ FREDERICKDSEN JUDY SUBEDI 1021 ARMISTEAD ST WINCHESTER, VA 22601- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 2260 1 - VOLINSKY JOHN B ET UX WILSON MARGARET BRIDGET VOLINSKY DIANE Y 2047 STONELEIGH DR 833 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- Brad Veach Parks & Recreation Dept. WAKEMAN BRANDON LANE Rouss City HallWinchester, 2039 STONELEIGH DR WINCHESTER, VA 22601- VA 22601 WALLACE PAMELA K Jeffrey R. & Gayle Solenberger 2043 STONELEIGH DR 1266 Cedar Creels Grade WINCHESTER, VA 22601- Winchester, VA 22602 WILLIAMS RANDOLPH W WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON, VA 20158-3216 P fy - Susan K. Eddy, Senior Planner Frederick County Planning Dept. Candice E. Perkins, Planner II Frederick County Planning Dept. STATE ON' V1RGIIvto COUNTY OF FREIDERICK I,&zzl�-C!E , a Notary Public in and for the State and County afor aid, do hereby e tify that Susan K. Eddy, Senior Planner and Candice E. Perkins, Planner I1, for the Departmer t of Planning and Development, whose names are signed to the foregoing, dated o'7 , have personally appeared before me and acknowledged the same in my State and County aforesaid. y , y c%� �' O 6 7 Given Lander m hand this _1� day of 2e�c My commission expires on -?/ ono OTARY PUBLI o This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 53 • A- - 88- 53 . A- - 90- PERRY, STUART M INC 740, LLC 117 LIMESTONE LN PO BOX 87 WINCHESTER, VA 22602.2272 WINCHESTER,VA 22604.0087 �L� 53 -A- - 91 GREYSTONE PROPERTIES, LLC 13 S LOUDOUN ST \ WINCHESTER, VA 22601.4777 �J 53 - A- - 92- WILLOW GROVE, LC J 720 S. BRADDOCK ST WINCHESTER, VA 22601 53 - A- . 92-A MILLER & SMITH AT WILLOW RUN, LLC 8401 GREENSBORO DR STE 300 MCLEAN VA 22102 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 STATE OF VIRGINIA COUNTY OF FREDERICK 53 - A- - 89-A EMMONS, ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER,VA 22601 53G - 1- 1- 1-A MERRIMANS CHASE HOMEOWNERS ASSOC INC PO BOX 3276 WINCHESTER,VA 22604.2476 Susan K. Eddy, Senior Planner Frederick County Plarming Dept. Candice E. Perkins, Planner II Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner and Candice E. Perkins, Planner II, for the Department of Planning and Development, whose names are signed to the foregoing, dated , have 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 53G - 1. 1- 1- CRESPO, RAUL & NEREIDA 16 770 MERRIMANS LN WINCHESTER,VA 22602 53G - 1. 1. 2- GOLIGHTLY, ROBERi & MARIAN M 100 OKEEFE Dk WINCHESTER, VA 22602-Z57, 4 53G - 1. 1. 3- CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER, VA 22602.2375 53G - 1. 1. 4- MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN WINCHESTER, VA 22602 53G - 1. 1. 5- MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER, VA 22602.2384 53G - 1. 1. 6. SWOGGER, JAMES F & JERI L 820 MERRIMANS LN WINCHESTER, VA 22602.2384 53G - 1. 1. 7- MELLOTT, DONALD E & NANCY K 826 MERRIMANS i.N WINCHESTER, VA 22EQ2 53G - 1. 1. 8- CASTILLO, JUAN CASTILLO, LUZ MARINA 100 HOMER DR WINCHESTER,VA 22602.2377 53G - 1- 4- 44- CHASE, EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER,VA 22602.2379 53G - 1- 4- 45- STANEART, BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER,VA 22602 53G - 1- 4- 46- HERNANDEZ, EDGAR B & MARTINEZ, SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER,VA 22602.2384 -1-4 WI WIMS VIIILLIAi1'! LEE & QRYAN, !:FATHER ANN 878 MERRIMANS LN WINCHESTER, VA 22602.2384 53G - 1- 4- 48- LYNCH, MAURADE ANN 886 MERRIMANS LN WINCHESTER, VA 22602.2384 52 -18- - 5- R & T PACKING CORP C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 52 -18- - 6- SMITH, KIM TERRY COOPER, MARY E 133 PARKINS LN WINCHESTER,VA 22602 63 -A- - 1- JOVA PROPERTIES, LLC PO BOX 2658 WINCHESTER, VA 22604.1858 52 -18- - 7- CODELLA, DOMENICO & MARIELA 143 PARKINS LN ovINCHESTER, VA 22602 1361 52 -18- - 8- ROUSE,JASON & TALMAGE, DAVINA 118 PARKINS LN WINCHESTER, VA 22602.2361 53 - A- - 95. GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602.2321 63 - A- - 2-D BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602.2334 63 - A- - 2-H TURNER ENTERPRISES, LLC 2971 VALLEY AVE WINCHESTER,VA 22601.2631 0 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: BARMAK ALLAN G BARMAK JULIE 63 - A- - 2-K 1029 ARMISTEAD ST C & W PROPERTIES WINCHESTER, VA 22601- PO BOX 221 MILLWOOD, VA 22646.0221 63 -9- 2. 24-A GREYSTONE DEVELOPERS, ING 2055VALLEY AVENUE WINCHESTER,VA 22601 52 - A- - 310- GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601- ADAM GEORGE ADAM SANDRA D 1513 STONE HOUSE CT WINCHESTER, VA 22601- ALVAREZ CATHERINE 1005 ARMISTEAD ST WINCHESTER, VA 22601- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601- BASNILLO MARKCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601- BROWN RICHARD L BROMLEY-BROWN LISA L 22604 1025 ARMISTEAD ST WINCHESTER, VA 22601- l A 11 UY V IRGINIA COUNTY OF FREIDERICK Susan K. Eddy, Senior Planner Frederick County Planning Dept. Candice E. Perkins, Planner II Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner and Candice E. Perkins, Planner II, for the Department of Planning and Development, whose names are signed to the foregoing, dated , have 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 (-)Vr-(,- BUTLER STEPHEN S T'ALL CHRISTOPHER E KEIM DOUGLAS B BUTLER ANGELA M LL KAREN E KEIM PAMEL*CHESTER, 1509 STONE HOUSE CT 2075 STONELEIGH DR SPRING V, rT WINWINCHESTER, VA 22601- WINCHESTER, VA 22601- NV. MORLYN GROUP LLC 22A RICKETTS DR BYRD SHARON M P O BOX 206 BERRYVILLE, VA 2261 1- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER, VA 22601- CHOWDHURY ABDUR R CHOWDHURY LATIFA R 1512 BROOKDALE CT WINCHESTER, VA 22601- City of Winchester Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601- CREGAR DAVID D CREGAR KIM S 1009 ARMISTEAD ST WINCHESTER, VA 22601- DAYAL VIKRAM DAYALSULBHA 1516 BROOKDALE CT WINCHESTER, VA 22601- DOLL JOSHUA J DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER, VA 22602-2168 ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER, VA 22601- FASANO JEROME FASANO CHRISTINE 6720 UNION MILL RD CLIFTON, VA 20124- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER, VA 22601- GARNES RICHARD O GARNES MEI FIEN 1017 ARMISTEAD ST WINCHESTER, VA 22601- HANSON BENJAMIN SHAW I WINCHESTER, VA 22601- HANSON JANET IRENE LEE DON D LEE LISA A 1515 SPRING HOUSE CT 1514 SPRING HOU WINCHESTER, VA 22601- WINCHESTER, VAMORRIS DUANE LEE MORRIS MICHELLE RENEE HESTER BRIAN J LEVINSON MARK E 1881 CLAYTON RIDGE DR SVOBODA MARYKAY LEVINSON LISA M WINCHESTER, VA 22601- 1001 ARMISTEAD ST 1513 BROOKDALE C WINCHESTER, VA 22601- WINCHESTER, VA 2: NOLL ROBERT G NOLL LINDA A LITTELL CANDACI 1517 BROOKDALE CT HINKLE SUZANNE M MAXWELL SCOTT WINCHESTER, VA 22601- 2087 STONELEIGH DR 1869 CLAYTON RII WINCHESTER, VA 22601- WINCHESTER, VA OAKCREST PROPERTIES LLC HUGHES BRANDON W 2055 VALLEY AVE MACDOWELL JUDEWINCHESTER, VA 22601- DELLINGER MORGAN LEI( 2051 STONELEIGH L 2095 STONELEIGH DR WINCHESTER, VA 2' WINCHESTER, VA 22601 MARTIN DANIEL G QASIMYAR MOHAMMED JUMA MARTIN LISA M 20544 FIVE OAKS CT FIUGHES WILLIAM C ] 000 STERLING DR STERLING, VA 20165- 2071 STONELEIGH DR WINCHESTER, VAL2i WINCHESTER, VA 22601- RACEY LESTER E MAXWELL SCOTT J RACEY HILDA C IAROSIS MICHAEL F ET LITTELL CANDACE 940 CEDAR CREEK GRADE IAROSIS RALUCA 1869 CLAYTON RID WINCHESTER, VA 22601- 818 S CHARLES ST WINCHESTER, VA 2 BALTIMORE, MD 21230 MCKEE KENNETH INVICTUS VA II LLC MYERS COLLEEN W 25050 RIDING PLAZA 2535 MIDDLE RD STE 9130-810 WINCHESTER, VA 226 SOUTH RIDING, VA 20152- JAROTZKY VLADIMIR JAROTZKY MARIE E P O BOX 1828 WINCHESTER, VA 22604- JOHNSON MARK S JOHNSON GRETCHEN L 1509 BROOKDALE CT WINCHESTER, VA 2260 1 - MELCOINC 609 CEDAR CREEK G WINCHESTER, VA 221 MILLER MATTHEW T 2027 STONELEIGH DR WINCHESTER, VA 2260 MILONE KIMBERLY KEE CONSTRUCTION SERVI 2063 STONELEIGH D 420 W JUBAL EARLY DR WINCHESTER, VA 2� STE 103 WINCHESTER, VA 22601- MOHAMMAD LAMAR JUSTICE KAREN E 2023 STONELEIGH DR JUSTICE JOSHUA PAUL WINCHESTER, VA 22601 1885 CLAYTON RIDGE DI WINCHESTER, VA 22601- RE ADRIEN M RE ANNE M 1013 ARMISTEAD ST WINCHESTER, VA 22601- ROSENFELDSCOTT 1023 HETH PL WINCHESTER, VA 22601- SCHMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601- SFEIR RAMSEY ET UX SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER, VA 22601- SHAFRANSTEVENP SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 26, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 921-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLANT #15-06 FOR WILLOW RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 7, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning #21-06 of Willow Run including Master Development Plan #15-06 for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Plamled Community) District, with proffers, for cormnercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Susan K. Eddy, Senior Planner Candice E. Perkins, Plamler II SKE/CEP/bad 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 �r-Qa vcctc- 1 FG —ReG De C�� S6 �en bPc' a� Y \'`� Z z 6 Z This is to certify that the attached correspondence was mailed to the following on 1��� kz from the Department of Planning and Development, Frederick County, Virginia: 53 - A- - 88- 53 - A- - 90- PERRY, STUART M INC 740, LLC 117 LIMESTONE LN PO BOX 87 WINCHESTER, VA 22602.2272 WINCHESTER, VA 22604-0087 53 - A- - 89-A 53 - A- . 91- EMMONS, ELMER L & BETTY M GREYSTONE PROPERTIES, LLC 747 MERRIMANS LN 13 S LOUDOUN ST WINCHESTER, VA 22601 1!JNCHESTER, VA 2?.501-4777 53 A 92 53G - 1. 1- 1-A WILLOW GROVE, LC MERRIMANS CHASE HOMEOWNERS ASSOC 720 S. BRADDOCK ST INC Pn BOX 327r.; WINCHESTER, VA 22601 WINCHESTER, VA 226C-4-2.476 53 - A- • 92-A MILLER & SMITH AT WILLOW RUN, LLC O 8401 GREENSBORO DR STE 300 MCLEAN, VA 22102 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602(�P STATE OF VIRGINIA COUNTY OF FREDERICK Susan K. Eddy, Senior Plaruier Frederick County Planning Dept. I Candice E. Perkins, Planner II Frederick County Planning Dept. I, , a Notary Public in and for the State and County afore id, do hereby certif � hat Susan K. Eddy, Senior Planner and Candice E. Perkins, Planer I1, for the Departme It of Planning and Development, whose names are signed to the foregoing, dated / have 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� OTARY PUBLIC dvz,4- 53G - 1. 1- 1- CRESPO, RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER, VA 22602 53G - 1. 1. 2- GOLIGHTLY, ROBERT & MARIAN M 100 OKEEFE DR WINCHESTER, VA 22602-2374 53G - 1. 1. 3- CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER, VA 22602.2375 53G - 1. 1. 4. MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN WINCHESTER,VA 22602 53G - 1. 1. 5- MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER, VA 22602.2384 53G - 1. 1. 6- SWOGGER, JAMES F & JERI L 820 MERRIMANS LN WINCHESTER, VA 22602.2304 53G - 1. 1. 7- MELLOTT, DONALD E & NANCY K 828 MERRIMANS LN WINCHESTER, VA 22602 53G - 1. 1. 8- CASTILLO, JUAN CASTILLO, LUZ MARINA 100 HOMER DR WINCHESTER, VA 22602.2377 53G - 1- 4- 44- CHASE, EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER, VA 22602.2379 53G - 1- 4- 45- STANEART, BRIAN KENT & LINDA CHUN 866 PAERRIMAPNIS LN WINCHEST,1H, VA 22602 53G - 1.4. 46- HERNANDEZ, EDGAR B & MARTINEZ, SANDRA BARAHONA 072 MERRIMANS LN WINCHESTER, VA 22602.2384 53G *- 47- WIMSATT, WILLIAM LEE & BRYAN, HEATHER ANN 878 MERRIMANS LN WINCHESTER,VA 22602.2304 53G -1-4- 48- LYNCH, MAURADE ANN 886 MERRIMANS LN WINCHESTER,VA 22602.2384 52 -18- - 5- R & T PACKING CORP CIO FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER,VA 22601 52 -18- - 6- SMITH, KIM'fERRY COOPER, MARY E 13: PARKINS IN WINCHESTF-2, VA 2.2602 63 -A- - 1- JOVA PROPERTIES, LLC PO BOX 2658 WINCHESTER, VA 22604.1858 52 -18- - 7- CODELLA, DOMENICO & MARIELA 143 PARKINS LN WINCHESTER, VA 22602-2361 52 -18- - 8. ROUSE, JASON & TALMAGE, DAVINA 118 PARKINS LN WINCHESTER, VA 22602.2361 53 - A- - 95- GORDON, JAMES C. JR. 324 ORCHARD LN WINCHESTER, VA. 22602-2321 63 - A- - 2-D BRIDGEFORTH, Ru'rH D 1064 CEDAF, CREFK GRATE WINCHESTER, VA 22%2.2334 63 - A- - 2-H TURNER ENTERPRISES, LLC 2971 VALLEY AVE WINCHESTER, VA 22601-2631 1 t • 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: BARMAK ALLAN G BARMAK JULIE 63 A 2 K 1029 ARMISTEAD ST C & W PROPERTIES WINCHESTER, VA 22601- PO BOX 221 MILLWOOD, VA 22646.0221 63 -9- 2. 24-A GREYSTONE DEVELOPERS, INC 2055 VALLEY AVENUE WINCHESTER, VA 22601 52 - A- - 310- GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601- ADAM GEORGE ADAM SANDRA D 1513 STONE HOUSE CT WINCHESTER, VA 22601- ALVAREZ CATHERINE 1005 ARMISTEAD ST WINCHESTER, VA 22601- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601- BASNILLO MARKCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601- BROWN RICHARD L BROMLEY-BROWN LISA L 1025 ARMISTEAD ST 22604 WINCHESTER, VA 22601- COUNTY OF FREDERICK Susan K. Eddy, Senior Planner Frederick County Planning Dept. Candice E. Perkins, Planner II Frederick County Plamling Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner and Candice E. Perkins, Planner II, for the Department of Planning and Development, whose names are signed to the foregoing, dated , have 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 BUTLER STEPHEN S HALI�RISTOPHER E KEIM DOUGLAS B BUTLER ANGELA M HALL itAREN E KEIM PAMELA K 1509 STONE HOUSE CT 2075 STONELEIGH DR 1510 SPRING HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601 BYRD SHARON M HANSON BENJAMIN SHAW 11 LEE DON D P O BOX 206 HANSON JANET IRENE LEE LISA A 1514 SPRING HOUSE CT BERRYVILLE, VA 22611- 1515 SPRING HOUSE CT WINCHESTER VA -- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER, VA 22601- CHOWDHURY ABDUR R CHOWDHURY LATIFA R 1512 BROOKDALE CT WINCHESTER, VA 22601- City of Winchester Tim Youmans, Planning Dire, Rouss City Hall Winchester, VA 22601 CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601- CREGAR DAVID D CREGAR KIM S 1009 ARMISTEAD ST WINCHESTER, VA 22601- DAYAL VIKRAM DAYALSULBHA 1516 BROOKDALE CT WINCHESTER, VA 22601- DOLL JOSHUA J DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER, VA 22602-2168 ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER, VA 22601- FASANO JEROME FASANO CHRISTINE 6720 UNION MILL RD CLIFTON, VA 20124- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER, VA 22601- GARNES RICHARD O GARNES MEI FIEN 1017 ARMISTEAD ST WINCHESTER, VA 22601- MORLYN GROUP LLC 22A RICKETTS DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- I DUANE LEE MOMS MORRIS MICHELLE RENEE HESTER BRIAN J LEVINSON MARK E 1981 CLAYTON RIDGE DR SVOBODA MARYKAY LEVINSON LISA M WINCHESTER, VA 22601- 1001 ARMISTEAD ST 1513 BROOK' DALE CT WINCHESTER, VA 22601- WINCHESTER, VA 226 NOLL ROBERT G LITTELL CANDACE L NOLL LINDA A1517 HINKLE SUZANNE M BROOKDALE CT MAXWELL SCOTT J 2087 STONELEIGH DR 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- HUGHES BRANDON W DELLINGER MORGAN LEIGH 2095 STONELEIGH DR WINCHESTER, VA 22601- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER, VA 22601- IAROSIS MICHAEL F ET UX IAROSIS RALUCA 818 S CHARLES ST BALTIMORE, MD 21230-3939 INVICTUS VA II LLC 25050 RIDING PLAZA STE # 130-810 SOUTH RIDING, VA 20152- JAROTZKY VLADIMIR JAROTZKY MARIE E P O BOX 1828 WINCHESTER, VA 2260, JOHNSON MARK S JOHNSON GRETCHEN L 1509 BROOKDALE CT WINCHESTER, VA 2260 1 - MACDOWELL JUDITH A 2051 STONELEIGH DR WINCHESTER, VA 22601- MARTIN DANIEL G MARTIN LISA M 1000 STERLING DR WINCHESTER, VA 2260 1 - OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601- QASIMYAR MOHAMMED JUMA 20544 FIVE OAKS CT STERLING, VA 20165- MAXWELL SCOTT J RACEY LESTER E LITTELL CANDACE L RACEY HILDA C 1869 CLAYTON RIDGE DR 940 CEDAR CREEK GRADE WINCHESTER, VA 22601- WINCHESTER, VA 22601- MCKEE KENNETH RE ADRIEN M MYERS COLLEEN W RE ANNE M 2535 MIDDLE RD 1013 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- MELCO INC 609 CEDAR CREEK GD WINCHESTER, VA 22601- MILLER MATTHEW T 2027 STONELEIGH DR WINCHESTER, VA 2260 1 - ROSENFELDSCOTT 1023 HETH PL WINCHESTER, VA 22601- SCHMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601- KEE CONSTRUCTION SERVICES MILONE KIMBERLY A 420 W JUBAL EARLY DR 2063 STONELEIGH DR STE 103 WINCHESTER, VA2260� WINCHESTER, VA 22601- JUSTICE KAREN E JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR WINCHESTER, VA 2260 1 - MOHAMMADLAMAR 2023 STONELEIGH DR WINCHESTER, VA 22601- SFEIR RAMSEY ET UX SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER, VA 22601- SHAFRAN STEVEN P SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- This is to certify that the attached correspondence was mailed from the Department Development, Frederick County, Virginia: SHIMP CHARLES JR CHAPMAN JULIA 1963 CIDERMILL LN WINCHESTER, VA 22601- SHONI{ ROBERT J SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN, TX 78738- SIRBAUGH FORREST E III SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- SUBEDI GUNA RAJ FREDERICKDSEN JUDY SUBEDI 1021 ARMISTEAD ST WINCHESTER, VA 22601- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601- VOLINSKY JOHN B ET UX VOLINSKY DIANE Y 833 ARMISTEAD ST WINCHESTER, VA 22601- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER, VA 22601- WALLACE PAMELA K 2043 STONELEIGH DR WINCHESTER, VA 22601- WILLIAMS RANDOLPH W WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON, VA 20158-3216 COUNTY OF FREDERICK the following on Planning and WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER, VA 22601- Brad Veach Parks & Recreation Dept. Rouss City Hall Winchester, VA 22601 Jeffrey R. & Gayle Solenberger 1266 Cedar Creek Grade Winchester, VA 22602 Susan K. Eddy, Senior Planner Frederick County Planning Dept. Candice E. Perkins, Planner 11 Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner and Candice E. Perkins, Planner 11, for the Department of Planning and Development, whose names are signed to the foregoing, dated , have personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on NOTARY PUBLIC ICr,, 2- � � 0 0 0 Adjoining Property Owner TAX MAP NUMBER OWNER ADDRESS CITY & ; 53 A 88 `/ PERRY, STUART M INC 117 LIMESTONE LN 53 A 89A EMMONS, ELMER L & BETTY M 747 MERRIMANS LN 53 A 89 EMMONS, ELMER L & BETTY M 747 MERRIMANS LN 53G 11 1A MERRIMANS CHASE HOMEOWNERS ASSOC & INC PO BOX 3276 FIN 53G 1 1 1 CRESPO, RAUL& NEREIDA 770 MERRIMANS LN 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC & INC P O BOX 3276 53G 1 1 2 GOLIGHTLY, ROBERT & MARIAN M 100 OKEEFE DR 53G 1 1 3 / CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR WINCHE 53G 1 1 4 MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN WINCHE 53G 11 5 MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN WINCH[ 53G 1 1 6 SWOGGER, JAMES F & JERI L 820 MERRIMANS LN WINCHI 53G 1 1 7,, MELLOTT, DONALD E & NANCY K 828 MERRIMANS LN WINCHI 53G 1 1 8 CASTILLO, JUAN & CASTILLO, LUZ MARINA 100 HOMER DR WINCHI 53G 14 44 CHASE, EDWARD M & MARIETTE A 101 HOMER DR WINCHI 53G 14 45 STANEART, BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHI 53G 14 46,- HERNANDEZ, EDGAR B & & MARTINEZ, SANDRA BARAHONA 872 MERRIMANS LN WINCHI 53G 14 47 WIMSATT, WILLIAM LEE & & BRYAN, HEATHER ANN 878 MERRIMANS LN WINCHI 53G 14 48 LYNCH, MAURADE ANN 886 MERRIMANS LN WINCHI 52 A 313 PERRY, STUART M INC 117 LIMESTONE LN WINCHI 52 18 5 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHI 52 18 6 �, TRAPNELL, ANDREW P & JESSICA M 133 PARKINS LN WINCHI 63 A 1 "1 JOVA PROPERTIES, LLC PO BOX 2658 WINCHI 52 18 7 i CODELLA, DOMENICO & MARIELA 143 PARKINS LN WINCHI 52 18 8 ROUSE, JASON & & TALMAGE, DAVINA 118 PARKINS LN WINCHI 53 A 95 , GORDON, JAMES C. JR. 324 ORCHARD LN WINCHI 53 3 Al GORDON, JAMES C. JR. 324 ORCHARD LN WINCHI 52 205 54 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCH[ 63 A 2D / BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCH[ 63 A 2H TURNER ENTERPRISES, LLC 2971 VALLEY AVE WINCH[ 63 A 2K C & W PROPERTIES PO BOX 221 MILLWC 63 92 24A / GREYSTONE DEVELOPERS, INC 2055 VALLEY AVENUE WINCH[ 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 WINCH[ TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print _S__ sets of labels by a AG _HANKSI r Adj_Prop_Owners_FC.xls 11/20/2006 Source: Frederick County /�; � z c�/—�Z 1 �J 11 0 • -4i"iftg Property Owner .( TAX MAP NUMBER OWNER ADDRESS 53 A 88 PERRY, STUART M INC 117 LIMESTONE LN 53 A 89A EMMONS, ELMER L & BETTY M 747 MERRIMANS LN 53 A 89 EMMONS, ELMER L & BETTY M 747 MERRIMANS LN 53G 11 1A MERRIMANS CHASE HOMEOWNERS ASSOC & INC PO BOX 3276 53G 1 1 1 CRESPO, RAUL & NEREIDA 770 MERRIMANS LN 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC & INC P O BOX 3276 53G 11 2 GOLIGHTLY, ROBERT & MARIAN M 100 OKEEFE DR 53G 11 3 CHAMBERLAIN, ANTHONY N & SANDRA G 101 OKEEFE DR 53G 11 4 MARTINEZ, MARIO ARCENIO 806 MERRIMANS LN 53G 11 5 MARCOCCIO, ANTHONY & FRIDA T 812 MERRIMANS LN 53G 11 6 SWOGGER, JAMES F & JERI L 820 MERRIMANS LN 53G 11 7 MELLOTT, DONALD E & NANCY K 828 MERRIMANS LN 53G 11 8 CASTILLO, JUAN & CASTILLO, LUZ MARINA 100 HOMER DR 53G 14 44 CHASE, EDWARD M & MARIETTE A 101 HOMER DR 53G 14 45 STANEART, BRIAN KENT & LINDA CHUN 866 MERRIMANS LN 53G 14 46 HERNANDEZ, EDGAR B & & MARTINEZ, SANDRA BARAHONA 872 MERRIMANS LN 53G 14 47 WIMSATT, WILLIAM LEE & & BRYAN, HEATHER ANN 878 MERRIMANS LN 53G 14 48 LYNCH, MAURADE ANN 886 MERRIMANS LN 52 A 313 PERRY, STUART M INC 117 LIMESTONE LN 52 18 5 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE 52 18 6 TRAPNELL, ANDREW P & JESSICA M 133 PARKINS LN 63 A 1 JOVA PROPERTIES, LLC PO BOX 2658 52 18 7 CODELLA, DOMENICO & MARIELA 143 PARKINS LN 52 18 8 ROUSE, JASON & & TALMAGE, DAVINA 118 PARKINS LN 53 A 95 GORDON, JAMES C. JR. 324 ORCHARD LN 53 3 Al GORDON, JAMES C. JR. 324 ORCHARD LN 52 205 54 R & T PACKING CORP & C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE 63 A 2D BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE 63 A 2H TURNER ENTERPRISES, LLC 2971 VALLEY AVE 63 A 2K C & W PROPERTIES PO BOX 221 63 92 24A GREYSTONE DEVELOPERS, INC 2055 VALLEY AVENUE 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 TO-: BARBARA- DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by ob HANKSI Adj_Prop_Owners_FC.xis 11/20/2006 Source: Frederick County 0 0 Adjoining Property Own e • C TAX MAP NUMBER OWNER r ADDRESS CITY & STATI 249-01-- 4- BARTON BONNIE G vy 2125 STONELEIGH DR WINCHESTEI 188-04- - 1- SFEIR RAMSEY ET UX & S,FEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTEI 188-06- - 61- CITY OF WINCHESTER SUITE 303 ; 15 NORTH CAMERON STREET WINCHESTEI 269 05 A TURNER ENTERPRISES-LLC 2971 VALLEY AVE WINCHESTEI 229-01-A- 21- ' G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 229-01-A- 20- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 229-01-A- 19- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 229-01-A- 18- _ G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 229-01-A- 17- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 229-01-A- 16- __ G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR; STE 205 CHANTILLY , 249-01- - 2- RACEY LESTER E & RACEY HILDA C v' 940 CEDAR CREEK GRADE WINCHESTEI 249-01- - 3- MELCO INC • ' 609 CEDAR CREEK GD WINCHESTEI 249-03- - 46A- BYRD SHARON M P O BOX 206 BERRYVILLE 249-03- - 46B- SCHMITT JOSEPH ET UX •- 2119 STONELEIGH DRIVEOBALTIMORE, WINCHESTEI 249-03- - 47A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA ;., - 818 S CHARLES STBALTIMORE , 249-03- - 47B- CRAN STON AN CASEY /. 2111 STONELEIGH DRIVEWINCHESTEI 249-03- - 48A- IAROSIS MICHAEL F ET UX & IAROSIS RALUCA ,,.: 818 S CHARLES STREET 249-03- - 4813- DOLL JOSHUA J & DOLL JEFFREY L t/ 447 WOODFIELD LN WINCHESTEI 249-03- - 49A- — OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTEI 249-03- - 4913- COLEMAN PAIGE K & COLEMAN ELAINE J 2095 STONELEIGH DR WINCHESTEI 229-01-A- 15- WILLIAMS RANDOLPH W & WILLIAMS CATHERINE V �/ 40340 CHARLES TOWN PK HAMILTON , 229-01-A- 14- W.ILLIAMS-RANDOLPH.,W--&-WILLIAMS CATHERINE-V • 40340 CHARLES TOWN PK HAMILTON , 229-01-A- 13- SHAFRAN STEVEN P & SHAFRAN CAROL A 2580 TIMBERCHASE PTE HIGHLANDS 1 229-01-A- 12- JUSTICE KAREN E & JUSTICE JOSHUA PAUL 517 W CORK ST WINCHESTEI 229-01-A- 11- G & M HOMES LLC NUMBER THREE 4451 BROOKFIELD CORP DR STE 205 CHANTILLY , 229-01-A- 10- JAROTZKY VLADIMIR & JAROTZKY MARIE E s 203 SUNSET CIR CROSS JUNC 229-01-A- 9- MAXWELL SCOTT J & LITTELL CANDACE L ; ,: 746 EAGLE ST WOODSTOCI 230-06-A- 8- LITTELL CANDACE L & MAXWELL SCOTT J v 1869 CLAYTON RIDGE DR WINCHESTEI 229-03- - 208- OAKCREST PROPERTIES LLC v • 2055 VALLEY AVE WINCHESTEI 229-03- -220A- OAKCREST PROPERTIES LLC I/ 2055 VALLEY AVE WINCHESTEI 249-07- - 202- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTEI 229-03- - 203- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTEI 229-03- - 204- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTEI 229-03- - 205- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE' 229-03- - 206- _ OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE' 229-03- - 207- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE 229-03- - 212- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE 249-07- - 201- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE 249-07- - 200- -- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE 249-07- - 196- MILONE KIMBERLY A 4- 2063 STONELEIGH DR WINCHESTE 249-07- - 197- CHANEY BELINDA K t/ 2059 STONELEIGH DR WINCHESTE 249-07-- 198- TELLEZ ROCIO B ,,' 2055 STONELEIGH DR WINCHESTE 249-07- - 199- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTE 249-07- - 193- HALL CHRISTOPHER E & HALL KAREN E 2075 STONELEIGH DR WINCHESTE 249-07- -194- HUGHES WILLIAM C / 2071 STONELEIGH DR WINCHESTE 249-07- - 195- SHANK ROBERT J & SHANK SHEILA M ✓ 2067 STONELEIGH DR WINCHESTE 249-07- - 192- BASNILLO MARKCO AV ✓ 2079 STONELEIGH DR WINCHESTE 249-07- - 191- QASIMYAR MOHAMMED J & QASIMYAR MARY ?., 2083 STONELEIGH DR WINCHESTE 249-07- - 190- HINKLE SUZANNE M I/ 2087 STONELEIGH DR WINCHESTE 249-07-- 189- ELSEASUSAN E 2091 STONELEIGH DR WINCHESTE 230-06-A- 8- A CITY OF WINCHESTER 15 NORTH CAMERON STREET WINCHESTE 209-01-- 1- CITY OF WINCHESTER 15 N CAMERON ST WINCHESTE 188-04-- 2- 750 LLC V 603 S LOUDOUN STREET WINCHESTE 188-04-- 2 750 LLC- 603 S LOUDOUN STREET WINCHESTE Adj_Prop_Owners_Win.xls 11/20/2006 Source: City of Winches Page 1 of 1 • 0 Bernard S. Suchicital From: Will Moore [wmoore@ci.winchester.va.us] Sent: Monday, December 11, 2006 12:10 PM To: bsuchici@co.frederick.va.us Subject: willow run adjacent properties Bernard, Attached is the list of City property owners adjacent to the proposed Willow Run project. The list is in three (3) Word documents - pages 1 of 3, 2 of 3, 3 of 3 - and is formatted to print on Avery 5160 address labels. Also attached is a pdf map showing the properties whose owners are listed. I haven't deleted any duplicate owners from the list. For example, 750 LLC" owns two of the 75 properties and, as such, is listed twice. Let me know should you have any questions or if you need anything else. Thanks, Will Will Moore City of Winchester • Planning Dept Rouss City Hall • 15 N Cameron St Winchester, VA 22601 Phone: 540.667.1815 x1413 Fax: 540.722.3618 wmoore(aD_ci.winchester.va. us www.winchesterva.g_ov 12/11/2006 • • 750 LLC 750 LLC ADAM GEORGE 603 S LOUDOUN STREET 603 S LOUDOUN STREET ADAM SANDRA D WINCHESTER, VA 22601- WINCHESTER, VA 22601- 1513 STONE HOUSE CT WINCHESTER, VA 22601- ALVAREZ CAT14ERINE BARMAK ALLAN G BARTON BONNIE G 1005 ARMISTEAD ST BARMAK JULIE 2125 STONELEIGH DR WINCHESTER, VA 22601- 1029 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 2260 1 - BROWN RICHARD L BUTLER STEPHEN S BASNILLO MARKCO A V BROMLEY-BROWN LISA L BUTLER ANGELA M 2079 STONELEIGH DR 1025 ARMISTEAD ST 1509 STONE HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- BYRD SHARON M CHANEY BELINDA K CHOWDHURY ABDUR R P O BOX 206 2059 STONELEIGH DR CHOWD1 URY LATIFA R BERRYVILLE, VA 22611- WINCHESTER, VA 22601- 1512 BROOKDALE CT WINCHESTER, VA 22601- CITY OF WINCHESTER CITY OF WINCHESTER CITY OF WINCHESTER 15 N CAMERON ST 15 N CAMERON ST 15 N CAMERON ST RISK MANAGER STE 106 RISK MANAGER STE 106 RISK MANAGER STE 106 WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- CITY OF WINCHESTER CREGAR DAVID D 15 N CAMERON ST CRANSTON ANN CASEY CREGAR KIM S RISK MANAGER STE 106 DRIVE 2111STONELEIGH,VA 1009 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- DAYAL VIKRAM DOLL JOSHUA J ELSEA SUSAN E DAYAL SULBHA DOLL JEFFREY L 2091 STONELEIGH DR 1516 BROOKDALE CT 447 WOODFIELD LN WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22602-2168 FASANO JEROME GARNES RICHARD O FASANO CHRISTINE FREEDMAN GARY S GARNES MEI FIEN 6720 UNION MILL RD 2015 STONELEIGH DR 1017 ARMISTEAD ST CLIFTON, VA 20124- WINCHESTER, VA 22601- WINCHESTER, VA 22601- HALL CHRISTOPHER E HANSON BENJAMIN SHAW III HESTER BRIAN J HALL KAREN E HANSON JANET IRENE SVOBODA MARYKAY 2075 STONELEIGH DR 1515 SPRING HOUSE CT 1001 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- HINKLE SUZANNE M HUGHES BRANDON W HUGHES WILLIAM C 2087 STONELEIGH DR DELLINGER MORGAN LEIGH 2O71 STONELEIGH DR WINCHESTER, VA 22601- 2095 STONELEIGH DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- IAROSIS MICHAEL F ET UX IAROSIS MICHAEL F ET UX IAROSIS RALUCA IAROSIS RALUCA 818 S CHARLES ST 818 S CHARLES STREET BALTIMORE, MD 21230-3939 BALTIMORE, MD 21230-3939 INVICTUS VA Il LLC JAROTZKY VLADIMIR 25050 RIDING PLAZA JAROTZKY MARIE E STE #130-810 P O BOX 1828 SOUTH RIDING, VA 20152- WINCHESTER, VA 22604- JUSTICE KAREN E KEE CONSTRUCTION SERVICES LLC JUSTICE JOSHUA PAUL 420 W JUBAL EARLY DR 1885 CLAYTON RIDGE DR STE 103 WINCHESTER, VA 22601- WINCHESTER, VA 22601- KEIM DOUGLAS B LEE DON D KEIM PAMELA K LEE LISA A 1510 SPRING HOUSE CT 1514 SPRING HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 2260 1 - LITTELL CANDACE L MACDOWELL JUDITH A MAXWELL SCOTT J 2051 STONELEIGH DR 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- MAXWELL SCOTT J MCKEE KENNETH LITTELL CANDACE L MYERS COLLEEN W 1869 CLAYTON RIDGE DR 2535 MIDDLE RD WINCHESTER, VA 22601- WINCHESTER, VA 22601- MELCO INC MILLER MATTHEW T 609 CEDAR CREEK GR 2027 STONELEIGH DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- MOHAMMAD LAMAR MORLYN GROUP LLC 2023 STONELEIGH DR 22A RICKETTS DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- NOLL ROBERT G OAKCREST PROPERTIES LLC NOLL LINDA A 2055 VALLEY AVE 1517 BROOKDALE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- QASIMYAR MOHAMMED JUMA RACEY LESTER E 20544 FIVE OAKS CT RACEY HILDA C STERLING, VA 20165- 940 CEDAR CREEK GRADE WINCHESTER, VA 22601 - INVICTUS VA II LLC 25050 RIDING PLAZA STE #130-810 SOUTH RIDING, VA 20152- JOHNSON MARK S JOHNSON GRETCHEN L 1509 BROOKDALE CT WINCHESTER, VA 22601- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 2260 1 - LEVINSON MARK E LEVINSON LISA M 1513 BROOKDALE CT WINCHESTER, VA 22601- MARTIN DANIEL G MARTIN LISA M 1000 STERLING DR WINCHESTER, VA 22601- MELCO INC 609 CEDAR CREEK GD WINCHESTER-, -\VA 22601- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER, VA 22601- MORRIS DUANE LEE MORRIS MICHELLE RENEE 1881 CLAYTON RIDGE DR WINCHESTER, VA 22601- OAKCREST PROPERTIES LLC 2055 VALLEY AVE WINCHESTER, VA 22601- RE ADRIEN M RE ANNE M 1013 ARMISTEAD ST WINCHESTER, VA 22601- ROSENFELDSCOTT 1023 BETH PL WINCHESTER, VA 2260 1 - SHAFRAN STEVEN P SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- SIRBAUGH FOR -REST E III SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER, VA 22601- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601- WALLACE PAMELA K 2043 STONELEIGH DR WINCHESTER, VA 22601- SCIIMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601- SHIMP CHARLES JR CHAPMAN JULIA 1963 CIDERMILL LN WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- VOLINSKY JOHN B ET UX VOLINSKY DIANE Y 833 ARMISTEAD ST WINCHESTER, VA 22601- WILLIAMS RANDOLPH W WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON, VA 20158-3216 SFEIR RAMSEY ET UX SFEIR JANET E KEIM 730 MERRIMANS LANE WINCI-IESTER, VA 22601- SHONK ROBERT J SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN, TX 78738- SUBEDI GUNA RAJ FREDERICKDSEN JUDY SUBEDI 1021 ARMISTEAD ST WINCHESTER, VA 22601- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER, VA 22601- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER, VA 22601- 9 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 5, 2007 TO: TIIE APPLICANTS) AND/OR ADJOINING 70WRUN RTY OWNER(S) RE: REZONING APPLICATION #21-06 FOR WI On behalf of the Frederick County Planning Yommission, you are hereby r oti being held on Wednesday; January 17, 20 , at 7:00 p.m. in the Board Ro i� Administration Building at 10�,Nort 1 ent Street, Winchester,. Virginia to application: // Rezoning #21-06 of Willow Ru , submittedbby Greenwa RA (Rural Areas) District to 4 (Residential�Plaim d G commercial land uses and up 1,390 residential units -le i Merriman's Lane (Route 6 ), north of Cedar Creek ra e Winchester, in the Shawl , e Magisterial District, ar ident 53-A-90, 53-A-91, 53-y —92, 53-A-92A, 53-A-92' 53-A-94, Any interested part'6s having questions or wishing to sp the application wj,l1 be available fo vie at the Handle the meeting, or/fit the Department o\n�t;�-4 ning and D Winchester, // irginia, or y-- alli0) 6 6 5 - 651 www.co.fr/ederick.va.0 . L Sincerely, Susan K. Eddy Senior Planner SKE/bad a public hearing reder I County ,rollowing ering, to re ne 359.97 acres from Inity) Diltrict, with proffers, for ies aylocated east of Route 37 and 6 , south and west of the City of y Property Identification Numbers -A, and 63-A-2A. ak/inay attend this public hearing. A copy of Library and the Bowman Library the week of lopment located at 107 North Kent Street in You can also visit us on the web at: 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 1 of 1 Bernard S. Suchicital From: Will Moore [wmoore@ci.winchester.va.us] Sent: Monday, December 11, 2006 12:10 PM To: bsuchici@co.frederick.va.us Subject: willow run adjacent properties Bernard, Attached is the list of City property owners adjacent to the proposed Willow Run project. The list is in three (3) Word documents - pages 1 of 3, 2 of 3, 3 of 3 - and is formatted to print on Avery 5160 address labels. Also attached is a pdf map showing the properties whose owners are listed. I haven't deleted any duplicate owners from the list. For example, 750 LLC" owns two of the 75 properties and, as such, is listed twice. Let me know should you have any questions or if you need anything else. Thanks, Will Will Moore City of Winchester • Planning Dept Rouss City Hall • 15 N Cameron St Winchester, VA 22601 Phone: 540.667.1815 x1413 Fax: 540.722.3618 wmoore(c-_)ci.winchester.va.us www.winchesterva.gov 12/11/2006 • •ADAM GEORGE 750 LLC 750 LLC 603 S LOUDOUN STREET 603 S LOUDOUN STREET ADAM SANDRA D CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- N STONE HOUSE WINCHESTER, VA 2260601- ALVAREZ CATHERINE BARMAK ALLAN G BARTON BONNIE G 1005 ARMISTEAD ST BARMAK JULIE 2125 STONELEIGH DR WINCHESTER, VA 22601- 1029 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- BASNILLO MARKCO A V BROWN RICHARD L BUTLER STEPHEN S 2079 STONELEIGH DR BROMLEY-BROWN LISA L BUTLER ANGELA M WINCHESTER, VA 22601- 1025 ARMISTEAD ST 1509 STONE HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- BYRD SHARON M CHANEY BELINDA K CHOWDHURY ABDUR R P O BOX 206 2059 STONELEIGH DR CHOWDHURY LATIFA R BERRYVILLE, VA 22611- WINCHESTER, VA 22601- 1512 BROOKDALE CT WINCHESTER, VA 22601- CITY OF WINCHESTER CITY OF WINCHESTER CITY OF WINCHESTER 15 N CAMERON ST 15 N CAMERON ST 15 N CAMERON ST RISK MANAGER STE 106 RISK MANAGER STE 106 RISK MANAGER STE 106 WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- CITY OF WINCHESTER CREGAR DAVID D 15 N CAMERON ST CRANSTON ANN CASEY CREGAR KIM S RISK MANAGER STE 106 2111 STONELEIGH DRIVE 1009 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- DAYAL VIKRAM DOLL JOSHUA J ELSEA SUSAN E DAYAL SULBHA DOLL JEFFREY L 2091 STONELEIGH DR 1516 BROOKDALE CT 447 WOODFIELD LN WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22602-2168 FASANO JEROME GARNES RICHARD O FASANO CHRISTINE FREEDMAN GARY S GARNES MEI FIEN 6720 UNION MILL RD 2015 STONELEIGH DR 1017 ARMISTEAD ST CLIFTON, VA 20124- WINCHESTER, VA 22601- WINCHESTER, VA 22601- HALL CHRISTOPHER E HANSON BENJAMIN SHAW III HESTER BRIAN J HALL KAREN E HANSON JANET IRENE SVOBODA MARYKAY 2075 STONELEIGH DR 1515 SPRING HOUSE CT 1001 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- HINKLE SUZANNE M HUGHES BRANDON W HUGHES WILLIAM C 2087 STONELEIGH DR DELLINGER MORGAN LEIGH 2O71 STONELEIGH DR WINCHESTER, VA 22601- 2095 STONELEIGH DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- IAROSIS MICHAEL F ET UX IAROSIS MICHAEL F ET UX INVICTUS VA II LLC IAROSIS RALUCA IAROSIS RALUCA 25050 RIDING PLAZA 818 S CI-IARLES ST 818 S CHARLES STREET STE 9130-810 BALTIMORE, MD 21230-3939 BALTIMORE, MD 21230-3939 SOUTH RIDING, VA 20152- INVICTUS VA Il LLC JAROTZKY VLADIMIR JOHNSON MARK S 25050 RIDING PLAZA JAROTZKY MARIE E JOHNSON GRETCHEN L STE #130-810 P O BOX 1828 1509 BROOKDALE CT SOUTH RIDING, VA 20152- WINCHESTER, VA 22604- WINCHESTER, VA 22601- JUSTICE KAREN E KEE CONSTRUCTION SERVICES LLC KEE CONSTRUCTION SERVICES LLC JUSTICE JOSHUA PAUL 420 W JUBAL EARLY DR 420 W JUBAL EARLY DR 1885 CLAYTON RIDGE DR STE 103 STE 103 WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- KEIM DOUGLAS B LEE DON D LEVINSON MARK E KEIM PAMELA K LEE LISA A LEVINSON LISA M 1510 SPRING HOUSE CT 1514 SPRING HOUSE CT 1513 BROOKDALE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- LITTELL CANDACE L MARTIN DANIEL G MAXWELL SCOTT J M A MARTIN LISA M 1869 CLAYTON RIDGE DR 51 STONELEIGH IGHJUDDR 2051 STONELEIGH DR 1000 STERLING DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- MAXWELL SCOTT J MCKEE KENNETH LITTELL CANDACE L MYERS COLLEEN W 609 CEDAR CREEK GD CO AC 1869 CLAYTON RIDGE DR 2535 MIDDLE RD I WIN WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- MELCO INC MILLER MATTHEW T MILONE KIMBERLY A 609 CEDAR CREEK GR 2027 STONELEIGH DR 2063 STONELEIGH DR WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 2260 1 - MOHAMMADLAMAR MORLYN GROUP LLC MORRIS DUANE LEE 2023 STONELEIGH DR 22A RICKETTS DR MORRIS MIC14ELLE RENEE WINCHESTER, VA 22601- WINCHESTER, VA 22601- 1881 CLAYTON RIDGE DR WINCHESTER, VA 22601- NOLL ROBERT G OAKCREST PROPERTIES LLC OAKCREST PROPERTIES LLC NOLL LINDA A 2055 VALLEY AVE 2055 VALLEY AVE 1517 BROOKDALE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- QASIMYAR MOHAMMED JUMA RACEY LESTER E RE ADRIEN M 20544 FIVE OAKS CT RACEY HILDA C RE ANNE M STERLING, VA 20165- 940 CEDAR CREEK GRADE 1013 ARMISTEAD ST WINCHESTER, VA 22601- WINCHESTER, VA 22601- 9 LJ 13OSENFELD SCOTT 1023 HETH PL WINCHESTER, VA 22601- SHAFRAN STEVEN P SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- SIRBAUGH FORREST E III SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER, VA 22601- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601- WALLACE PAMELA K 2043 STONELEIGH DR WINCHESTER, VA 22601- SCI-IMITT JOSEPH ET UX 2119 STONELEIGH DRIVE WINCHESTER, VA 22601- SHIMP CHARLES JR CHAPMAN JULIA 1963 CIDERMILL LN WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- VOLINSKY JOHN B ET UX VOLINSKY DIANE Y 833 ARMISTEAD ST WINCHESTER, VA 22601- WILLIAMS RANDOLPH W WILLIAMS CATHERINE V 40340 CHARLES TOWN PK HAMILTON, VA 20158-3216 SFEIR RAMSEY ET UX SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER, VA 22601- SHONK ROBERT J SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN, TX 78738- SUBEDI GUNA RAJ FREDERICKDSEN JUDY SUBEDI 1021 ARMISTEAD ST WINCHESTER, VA 22601- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER, VA 22601- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER, VA 22601- 0 6 0 COUNTY ®f FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 14, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #21-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLAN #15-06 FOR WILLOW RUN On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 28, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning #21-06 of Willow Run including Master Development Plan 915-06 for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, �tv Susan K. Eddy, Senior Planner Candice E. Perkins, Planner II SKE/CEP/bad 107 North Kent Street, Suite 202 0 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER, VA 22601- 22 s01%5000 06H265082^3 - - _- - -- - - }i/14!2007 _ 22-7-01 NIXIE. .a 0;1 1 0a 02,/2:�107 RETURN TO SENDER NOT RELIVE RAE3LE AS ADDRESSED UNAML.EE TO FORWARD GC: .22601500099 *3O17-02549-:L4-;09 1,)1,1,11IIIII)MI )IIIJII)IIIIJIII,III)I 1,JI,IIIJIIII �� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 14, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 921-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLAN #15-06 FOR WILLOW RUN On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 28, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning 921-06 of Willow Run including Master Development Plan #15-06 for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, jw-�_Curvj I)r Susan K. Eddy, Senior Planner Candice E. Perkins, Planner I1 SKE/CEP/bad 107 North Dent Street, Suite 202 v Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 _ _ 0,SH26508243 C) IA12007 From 22601 53G - 1- 1- 1-A MERRIMANS CHASE HOMEOWNERS ASSOC INC PO BOX 3276 WINCHESTER, VA 22604.2476 NIXIE 201 .1 09 02/2s✓07 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNASLE TO FORWARD E3C . 22601500099 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 0 MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER. VA 22601- 016H26508243 $ 00.390 01 � 2612007 w oeo Frnm 22 -'" US POSTAGE NIXIE 201 1 00 021IS/O7 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC:: 22801500099 *0017-00271-28-36 ,225�e J 40 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 26, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #21-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLANT 415-06 FOR WILLOW RUN On behalf of the Frederick County Plamling Commission, you are hereby notified of a public hearing being held on Wednesday, February 7, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning 921-06 of Willow Run including Master Development Plan #15-06 for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Plamzed Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Plamling 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, Susan K. Eddy, Senior Plarmer Candice E. Perkins, Planner II SKE/CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 I• i ti 1' 0 COUNTY of FREDERICK "' '�'E'�� 016H2650824; Department of Planning & Development Q O(� �C1Q 107 North Kent Street, Suite 202 r aF v 7- 01i26/2007 Winchester, Virginia 22601 + •{� ' = Mailed From 22601 US POSTAGE 53G - 1- 1- 1-A MERRIPAANS CHASE HOMEOWNERS ASSOC IN!; PO FGX 37-0 WiNCF:- TER, VA 22604.2475 NxX2E �aO1 i 00 O2rO1/O7 FEr 5 26- RETURN TO SENE)MR ATTEMPTED - NOT KNOWN UNAGLE TO FORWARD DC: 22SOiSO39O7 *3017--04943-25-41 22601%5039 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING January 26, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #21-06 F R WILLOW LOW UN INCLUDING MASTER DEVELOPMENT PLAID #15-06 FOR Planning Commission, you are hereby notified of a public hearing On behalf of the Frederick County b 7:00 p.m. in the Board Room of the Frederick County being held on Wednesday, February 7, 2007, at Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: t Plan Public Hearing for Rezoning 421-06 of Willow Run including e M.97 acres ster elopmenm RA (Rural Are 0 ) for Willow Run, submitted by Greenway Engineering, to rezoneand up as District to R4 (Residential Plamled Community) District, with for and Merrimansl Lane (Route to 1,390 residential units. The properties are located eastof Route 37 621), north of Cedar Creek Grade (Route 622), south and ewest t fiof the city ion mbei•s 5 Winchester, in the Shawnee Magisterial District, and are identified by Property d 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. copy Any interested parties having questions or wishing to speak may attend the nd the Bowman h aring.yA e week of the applications will be available for review at the Handley Library of the meeting, or at the Department of Planning and 6Development located can also avis t us North Chet Street at Winchester, Virginia, or by calling (540) 665 5 www.co.ftederick.va.us. Sincerely, Susan K. Eddy, Senior Plantier 4 � Candice E. Perkins, Planner II SKE/CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 j 7 TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, R� 2601- a 02/' n i?nn7 _ 4'e 22:30 I NIXIE: 20], :L 09 03 01/07 RETURN TO .SENDER NOT DELIVERABLE AS ADDRESSED UNAMLE TO FORWARD EO: 2260150:3907 *3017-041e3-14-38 01 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING 0 February 14, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #21-06 FOR WILLOW RUN INCLUDING MASTER DEVELOPMENT PLAN #15-06 FOR WILLOW RUN On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 28, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Public Hearing for Rezoning #21-06 of Willow Run including Master Development Plan 915-06 • for Willow Run, submitted by Greenway Engineering, to rezone 359.97 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, with proffers, for commercial land uses and up to 1,390 residential units. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Susan K. Eddy, Senior Planner Candice E. Perkins, Planner II SKE/CEP/bad 107 North rent Street, Suite 202 o Winchester, Virginia 22601-5000 t or Amp r - w Nro r lfores.*,xv 02-22-2007 s *W '.. ft—mm PUBLIC HEARING BOARD ROOM "Ila, RjCX CO AWN StOG 02-22-2007 LJ'At o", O L—, IR e Z cr ,tt 5 -- .ti le r {-'t w.o .. c, LC-v y�. r -77 fol +/ Y PUBLIC HEARING . N�lARO RfK:4 SIy}� � +t .rK � Ei . t?h•1 I�� 13( l o ,� i - '�`� I � � •,�C � is 02.01.2007 to form 7 y .- _ Willow Run REZ #16-05 • RP — Residential (850 units) • B2 — Commercial (10,000 sf proffered) • Collector Road to Cedar Creek Grade • No interchange at Route 37 R4 (Residential Western Jubal Early Planned Community) Land Use Plan } Residential Residential Commercial Commercial Public Facilities Public Facilities Proffered MDP Transportation Alternate Design Standards Environmental/Historic Resources Traditional Neighborhood Development • Mix of uses3` • Interconnectivity f • Walkability4 0 0 -ED S"sl,r—'Iy 2f1q M- W; 45- SFD s., .ft F..�Iy 2(r.; TTVc, Nltillpl:x; Atd= 11— zl;—I- Au.lcd K'Nt'—.Qy 2"' 3ft .5% 2ol Rc$.d.lTA Al— C— AN,-RC$Ukl,d MuluPlcx STAyCT go, U' TQ-W�E ALLEY LOTS E • Jubal Early Phasing `' • City to 2"d intersection by 30011' permit • 2"d intersection to 1 st commercial a- center intersection - 4501' permit • 191 commercial intersection to ramps by 60011 permit • 4 new ramps by 6001h permit TIA 4- Other Road Phasing Realign Meadow Branch Avenue by 300th permit Realign Merrimans Lane by 600th permit Birchmont Drive between Cedar Creek Grade & Jubal Early Drive by 2001h permit Turn lanes at Birchmont Drive/Cedar Creek Grade by 2001h permit Signalization • Jubal Early & Meadow Branch Avenue • Jubal Early & Merrimans Lane • Cedar Creek Grade & Birchmont Drive Road Standards • Neo-traditional development • A few deviations from VDOT standards • VDOT & County have endorsed Public Facilities • No school site • Possible Aquatic Center • Continuation of Green Circle Monetary Proffers ` • Based on old proffer model `' • $9,078 per non -age -restricted unit • $1,000 per non -age restricted unit for school site acquisition • $2,000 per age -restricted unit _' • Extra $50.000 (& $100 per unit) for fire & rescue • $100,000 to the City for road improvements Recreation • General community center by 6001' permit • Age -restricted community center by 600' permit • HOA pool (if no aquatic center) (Implication of aquatic center and rec units) • Internal trails Conclusion DEPT. OF GEOGRAPIUC 1ARMATION SYSTEMS FREDERICK COUNTY, VIRGINiA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: Id, REQUESTED COMPLETION DATE: 1(>2- REQUESTING AGENT; Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request)' DIGITAL: PAPER: FAX: SIZES: COLOR: BLACKJWHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-565I) g Document Approval Form DEC G 2006 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 YO UR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LrAE TO HAVE COMPLETED. INITLIk S DATE & TI M E Candice Bernie Mark Susan k E I-i6 o 6 4: 3 0 p. rrn . Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): 10-I 36ip SV U:\Pam\Common\Document Approval Form.wpd