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001-09 Silver Lake - 238.96 RA-B2, 131.06 RA-MS - Gainesboro - Backfile
DATE t -� �� 1 _ NO.. 16 61 RECEIVED FROM � ,AJ�r •' �i �o _T ADDRESS (d 'bOLLARS UFOR RENT _) FOR • • AMT. OF CASH ACCOUNT AMT. - CHECK BALANCE MONEY DUE ORDER BY t-� REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit v Proffer Statement T- Deed v Impact Analysis �— Plat/Survey Adjoiner List Taxes Paid Statement O File opened d Reference manual updated/number assigned a D-base updated Copy of adjoiner list given to staff member for verification 3 Color location maps ordered from Mapping o� o13.OR QJA, Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: 3 d Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Id Approval (or denial) letter mailed to applicant/copy to file and cc's AReference manual updated C� o D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID #_�) i X ' COG 4 Owner/Applicant/Agent:C-1— Address: �� A-'�, Q- L \) Phone Number: (P(Pa - -i RECORDED PLATS FOR SIGNATURE \ ;ARCEL Ii+1FORMA1 TION�� Tvpe of Plat: Zoning District: No. of Lots: ) Comments: Property Location/Subdivision: Magisterial District: Property Identification Number (P.I.N.): 5a-A-C (Parent Tract) ****For Office Use Only**** FEES FOR RECORDATION OF PLATS ► per lot ► (Minimum Fee $it .00) Fee amount enclosed: $ -2W - Paid by Credit Card: Receipt #: Received by: Date: a (Initials) Frederick County Department of Planning and Development 107 North Kent Street • Winchester, VA 22601 Phone: (540) 665-5651 Fax: (540) 665-6395 O:q.4nd Use ApplicatiortMpplication Fom \rmordation of plats. wpd (06M/05) 2 5 2013 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT AIEET FOUR APPROVAL, PLEASE PRO1,7DE COMMEA"TSAS TO IfHAT FOU N'OULD LIKE TO HAVE COMPLETED. Initials Candice Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): ,�so Date & Time (S:OfBce on BlackboxTorms\Document Approval Form — 08/15/12) z:Z53 50 g2' G� P'l \aG ,55'55" E o C2 s 10 `�� R��� 0��1� cP�� oS 6 p1.90 3 s o ter,,In SEE SHEET 6 FOR LINE DATA, CURVE �o DATA, EASEMENT I 20' SANITARY �O CENTERLINE DATA, 2 SEWER EASEMENT Q��' LEGEND, NOTES AND „ HEREBY DEDICATED KEY TO ADJOINING K�� TO F.C.S.A. PROPERTY OWNERS. / S8 / \ / S9 'yB \'c400D N � \ °� S FL O oho � \ \�S7 10, 9 110' INGRESS/EGRESS ,c��Op'"'90 \ EASEMENT ` �OOp 0 1 �'�41�. \ 10'J ' / INST. No. 090001536 \ .0 / \ S,06NCF��241N OF I � TAX PARCEL 52—A —C 164.6509 ACRES± (TOTAL) I SILVER LAKE, LLC DB 927 PG 1591 (PARCEL ONE) & DB 872 PG J 18 (PARCEL FIVE) SEE PLAT INST. No. 0900015J6 & 090010887 I 164.5375 ACRES± REMAINING (BY SUBTP,4CTION) IZONE. B2 USE. VACANT N ¢� 3S ¢S w' ` N 42'21 '32" W 218.99' r.,y 626 Sj. o f N 41 '4922" W sip �FR s� q,6� `0 265.40' o IpWF gRCF? 'c' e? vsF,�gfJ T o Ira �Nr oeZ�� Pc� R �k \S� N 250 0 250(P�" <<C vsF GR4PHIC SCALE v4�aN °0R J (IN FEET) FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE, LL C GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN/A SCALE.- I" = 250' 1 DATE: AUGUST 18, 2011 /t%o� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com O �S r"P� PLTH O7 t �h RI HARD A. EDENS v Lic. No. 2550 4928N SHEET 2 OF 6 ESMT 11- 09 C2 �p s ?9 �sstj. T.M. 52-A-50 THE VILLAGE AT ORCHARD RIDGE, INC. INST. No. 09001102J ZONE: MS USE: VACANT 110'INGRESS/EGRESS1 EASEMENT INST. No. 090001536 `C3 S 71.36'15. EC _ o �.5 20' WATERLINE EASEMENT SEE DETAIL - SHEET 5 TAX PARCEL 52-A -C 164.6509 ACRESf (TOTAL) SILVER LAKE, LLC DB 927 PG 1591 (PARCEL ONE) & DB 872 PG 318 (PARCEL FIVE) SEE PLAT INST. No. 090001536 & 090010887 H A L6 R 164.5375 ACRESf REMA/N/NG (BY SUBTRACTION) ZONE B2 USE. VACANT ( - ? N v- 0 20 60 Q1 v Zt O Q Q=vi�Q- a �N� Q 2 I ^ Z �O 13 2�N0� 1 m J 0 � Q=YO O�U 20, SANITARY : _ ry LLj ::� PI) z SEWER EASEMENT o �' 3 HEREBY DEDICATED CN z ? m TO F. C. SA `V S4 �ooQ C-)\JL \\ �\ o o2�\c� -f- \E4- AO E3 — 4 o/o \ 20'INGRESS/EGRESS EASEMENT HEREBY PUMP STATION LOT _ -'d z � o 4,940 SO. FEET W N OR 0.1134 ACRE 3 HEREBY DEDICATED IN FEE SIMPLE. NOTE (SEE SHEET 4 FOR DETAIL) SEE SHEET 6 FOR LINE DATA, CURVE S 25'52'36" E DATA, EASEMENT 484.69' CENTERLINE DATA, i-S2 (TIE LINE) LEGEND, NOTES AND / \ KEY TO ADJOINING �t'\\ C�\\ PROPERTY OWNERS. �EC3 \\�S1 EC2 \���� lRF \ \ f EE1 CMF\N88'49S7" W 208.57' EC 1 %� 16.66' DEDICATED TO F. C. S A. x v 9 44 v O �' C4 ARC - �'N PIKE ESTER o 250 0 250 o� JW 0TE W L1 N0RTN .S. R011" R� GRAPHIC SCALE o'BI (IN FEET) VA FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE. LL C GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORG/N/A SCALE 1 " = 250' 1 DATE AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com ��p,LTH of P r RICfMD A. EDENS a Lic. No. 2550 4928N SHEET 3 OF 6 ESMT 11-09 20' SANITARY SEWER I NorE SEE SHEET 6 FOR LINE DATA, EASEMENT HEREBY �I CURVE DATA, EASEMENT CENTERLINE DEDICATED TO F.C.SA. II II DATA, LEGEND AND NOTES. 110 10 I RESIDUE OF T.M. 52—A—C SILVER LAKE, LLC DB 927 PG 1591 (PARCEL ONE) & DB 872 PG 318 (PARCEL FIVE) Q p I I SEE PLAT INST. No. 090001536 & 090010887 164.5375 ACRES± REMAINING (BY SUBTRACTION) pop I I ZONE. B2 USE. VACANT 40 I I IRS IRS o (19.31) (56.69 0 IN 70'53'O 1" E 76.00' o i SANITARY SEWER 3 PUMP STATION LOT 4,940 SQ. FEET 4, 61 i OR 0.1134 ACRE HEREBY DEDICATED TO F.C. S.A. O /N FEE SIMPLE. co o� O 20' INGRESS/EGRESS S 70'53'O 1 " W Z EASEMENT HEREBY I 76.00' DEDICATED TO F. C. SA 1 — (7.38) L (35.97') (32.65 _ — IRS o E4 I IRS / 1 � 1 � � I 1 � I I � I I 20' SANITARY SEWER S 2552 36' E ' TO /RF EASEMENT HEREBY E(TIE LINE) (TIE LNE) DEDICATED TO F. C. S.A 1 � 110' RESIDUE OF T.M. 52—A—C 1p I SILVER LAKE, LLC I DB 927 PG 1591 (PARCEL ONE) & I I DB 872 PG 318 (PARCEL FIVE) I SEE PLAT INST. No. 090001536 & 090010887 I I 164.5375 ACRES± REMAINING (BY SUBTRACTION) I i ZONE* B2 USE.- VACANT DETAIL OF PUMP STATION LOT 25 0 25 SCALE. 1 " = 25' GRAPHIC SCALE (IN FEET) FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORT/ON OF THE LAND OF ,LTH 0 S/L VER LAKE. LLC �, A,- �. GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN/A o RICfMD A. EDENS 9 Lic. No. 2550 SCALE 1 " = 25' 1 DATE: AUGUST 18, 2011 /oj7%\ GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1*11T'-� Engineers Winchester, SUFN Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 4928N SHEET 4 OF 6 Founded in 1971 www.greenwayeng.com ESMT 11-09 20' WATERLINE EASEMENT CENTERLINE CURVE DATA CURVE I DELTA ANGLE RADIUS I ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH WC 1 1 09' 11 '05 N 888.50' 1 142.43' 71.37' 1 N 67'00'46" W 142.28' TM. 52-A-50 THE VILLAGE AT ORCHARD RIDGE, INC. INST No. 090011023 ZONE: MS USE: VACANT 302.55' S 71-36'18 5 C3 �� (ARC = 188.43') —� . (62.66 ) �W5 1 W3 I \ \ \ W7 (39.89 J W2 10, I — i W4 WC1� W1� 110' INGRESS/EGRESS 20' WATERLINE EASEMENT EASEMENT HEREBY INST. No. 090001536 DEDICATED TO F.C.S.A. h h RESIDUE OF T.M. 52—A—C SILVER LAKE, LLC OB 927 PG 1591 (PARCEL ONE) & DB 872 PG 318 (PARCEL FIVE) Lq) I SEE PLAT INST. No. 090001536 & 090010887 C 3 164.5375 ACRES± REMAINING (BY SUBT24CTION) �n ZONE. B2 USE: VACANT DETAIL OF WATERLINE EASEMENTS SCALE.' 1 " = 100' 20' WATERLINE EASEMENT CENTERLINE DATA LINE BEARING DISTANCE W 1 N 57' 18'59 " W 169.50' W2 N 12'18'59" W 40.69' W3 N 71'36'18" W 51.13' W4 S 18'2342" W 75.00' W5 N 18'2342 " E 63.50' W6 N 71'36'18" W 39.89' W7 N 13'03'30" W 86.20' O N 5 100 0 100 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 6 FOR LINE DATA, CURVE DATA, EASEMENT CENTERLINE DATA, LEGEND AND NOTES. FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE. LL C GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE 1" = 100' 1 DATE AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com LTH o� P r ,tk k� RRCHED A. EDENS v Lic. No. 2550 g-� g-t► sup, � _ 4928N SHEET 5 OF 6 ESMT 11-09 BOUNDARY CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 25'50'49 " 1, 455.00' 656.37' 333.87' S 89'51 ' 19 " E 650.82' C2 44'09'13" 935.00' 720.54' 379.22' S 54'51'18" E 702.84' C3 38'49J7" 82500' 559.07' 290. 75' S 52' 11 '30" E 548. 43' C4 0972928" f57,1;--8' 930.56' 466.35' N 78'07'18" W 929.50' 20' SANITARY SEWER EASEMENT CENTERLINE CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH_ SC1 05'4036" 500.00' 1 49.54' 24.79' N 09'57'17" W 49.52' 20' INGRESS/EGRESS EASEMENT CENTERLINE CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 35'4547" 80.00' 49.93' 25.8 1' N 17' 17' 17" W 49. 13' EC2 5636'20 " 160.00' 158.07' 86. 16' N 06'52'01 " W 151.72' EC3 492652" 100.00' 86.30' 46.05' N 46'09'35" E 83.65' EC4 45'34'23" 25.00' 19.88' 10.50' N 48'05'49" E 19.36' BOUNDARY LINE DATA LINE BEARING DISTANCE L 1 N 7323'40" W 81.08' L2 N 36'36 20" E 300.00' L3 N 7323'40" W 200.00' L4 S 36'36'20" W 300.00' L5 N 4 1'4 1 '58" W 359.46' 20' SANITARY SEWER EASEMENT CENTERLINE DATA LINE BEARING DISTANCE S1 N 12'47'36" W 309.75' S2 N 07'06'59" W 59.34' S3 N 18'05'00" W 24.83' S4 N 24'2536" W 376.86' S5 N 24'34'30" W 400.00' S6 S 75'19'05" W 256.74' S7 N 24'34'30" W 800.00' 58 N 27'2357" W 400.00' S9 S 76'04 '35 " W 293. JO' 20' INGRESS/EGRESS EASEMENT CFNTFRIINF DATA LINE BEARING DISTANCE E 1 N 00'35'36 " E 12.56' E2 N 35' 10' 11 " W 25.23' E3 N 21 '26'09 " E 67.34' E4 N 70"53'O 1 " E 96.95' T.M. 52-A-51 O ROY J. BLACK, ET UX DB 559 PG 688 ZONE.- RA USE COMMERCIAL T.M. 52-A-51A O STEPHEN M. SPA/D, ET UX INST. No. 070010288 ZONE. RA USE. RESIDENTIAL LEGEND CMF = CONCRETE HIGHWAY MONUMENT FOUND IRF = 1/2" IRON REBAR FOUND NOTES IRS = 1/2" IRON REBAR &CAP SET THE BOUNDARY INFORMATION SHOWN HEREON WITH RESPECT TO THE SUBDIVISION OF THE PUMP STATION LOT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. THE BOUNDARY INFORMATION SHOWN FOR THE REMAINDER OF THE PARENT TRACT IS INTENDED FOR EASEMENT DESCRIPTION PURPOSES ONLY, HAS BEEN PREPARED FROM AVAILABLE RECORDS, AND IS NOT PURPORTED TO BE A CURRENT BOUNDARY SURVEY OF THE TRACT OR ANY PORTION OF THE BOUNDARY LINES. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE X, AREAS DETERM/NED TO BE OUTSIDE THE 0.27. ANNUAL CHANCE FLOODPLA/N, AND FLOOD ZONE A, SPEC/AL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD; NO BASE FLOOD ELEVATIONS DETERMINED, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO204D, DATED SEPTEMBER 2, 2009. THE APPROXIMATE LIMITS OF FLOOD ZONE A ARE DEPICTED HEREON AS DETERM/NED BY GRAPHIC PLOTTING UPON THE REFERENCED MAP. FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE. LL C GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE.- N/A I DATE: AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com p,LTH OFL t o � RICfMD A. EDENS v Lic. No. 2550 _ UR _ 4928N SHEET 5 OF 6 ESMT 11-09 Eric Lawrence From: Eric Lawrence Sent: Monday, April 08, 2013 11:42 AM To: John Riley Subject: The Village at Orchard Ridge and DIM Based on the DIM in effect in 2009, when the rezoning for the Village at Orchard Ridge was processed, the projected impact on capital facilities was $2,707 per unit. This acknowledges that schools would not be impacted, and consider the residential units to be deemed apartments. The approved Master Development Plan for the project indicates that there will be 1,048 residential units. 820 Independent Care Living Units 126 Assisted Care Living Units 102 Skilled nursing Care Units When applying the DIM to this 1,048 unit project, the model projects a total impact of $2,836,936. Per Apartment Unit For 1,048 Apartment units Fire and Rescue $557 $583,736 General Government $0 $0 Public Safety $0 $0 Library $368 $385.664 Parks and Recreation $1,782 $1,867,536 TOTAL $ 2,707 $2,836,936 Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a)co.frederick.va.us www.FrederickCountyVa.gov/Planning www. Fred erickCou ntyVa.gov iD F R E D E R I C K Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 23, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #01-09, SILVER LAKE, LLC PINS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 22, 2009. The above -referenced application was approved to rezone a total of 370.02 acres; 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District. The proffer statement, dated November 25, 2008, with final revision date of March 30, 2009, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Silver Lake, LLC, 13 S. Loudoun St., Winchester, VA 22601 Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 REZONING APPLICATION 901-09 SILVER LAKE, LLC Staff Report for the Board of Supervisors Prepared: April 13, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Plamiing Director John A. Bishop, AICP, Deputy Director - Transportation Reviewed Action Planning Commission: 03/18/09 Recommended approval Board of Supervisors: 04/22/09 Pending PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Connnercial and Continuing Care Retirement Conununity (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). BOARD OF SUPERVISORS UPDATE & EXECUTIVE SUMMARY FOR THE 04/22/09 MEETING The Applicant submitted a revised Final Proffer Statement, Dated March 30, 2009, which addresses several minor comments that were offered by the Planning Commission, John Bishop, and the County Attorney. This final Proffer Statement is in an acceptable legal form. This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Conununity and commnercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The Planning Commission evaluated the application; in particular those items identified in the Staff Report, to ensure that the impacts associated with this request have been adequately addressed by the Applicant. The application met with the satisfaction of the Planning Commission who believed that many of the impacts associated with this request, including; demonstrating how the application will achieve a campus style development, the protection of the areas of environmental features identified in the impact analysis in a greater area larger than that currently shown on the GDP, the extension of the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, and the monetary contributions aimed at mitigating the potential impact of the residential units on community facilities appear to have been adequately mitigated by the Applicant. The Plamling Commission recommended approval of this application at their 03/19/09 meeting. Rezoning 401-09 — Silver "Lake, LLC April 13, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist 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. PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50West), west of Retail Boulevard and east of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential, Vacant, Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/Agricultural 0 • Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address 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. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Round Hill Fire and Rescue Co.: I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we cannot do without or facility in which to do it in. There is language in the proffer statement that we would like to make continent to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost is borne at the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Road and Northwestern Pike not be removed after the relocation of Poor House Road to allow us quicker and safer access to Northwestern Pike and points north and west. c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for its use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways that access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The developer assists or complete all site Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 4 preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Public Works Department: 1. Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of enviromnental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution chamzels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and/or pollutants directly into the underlying groundwater system. The concentration of runoffmay also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. Department of Inspections: Existing structures require an asbestos inspection and demolition pen -nit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Sanitation Authority: No comment. Service Authority: No comment. Health Department: No Comments. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 5 Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Properly as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. In addition, the Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: Hodgson House (#34-93), Walnut Grove (#34-98), Aspen Shade (934-85), Abner - Hodgson House (#34-94). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the I IRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Department of Parks & Recreation: The applicant has proposed to proffer a ten acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05-06 Round Hill Center refers to a "new ;ark in the area of the large pond", the usable acreage proffered is not consistent with the Parks and Recreation Department's Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include enviromrrental areas and passive public recreational opportunities with trails in this planmed commercial and retirement community. The Parks and Recreation Department is reconnnending the applicant provide pedestrian/bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike/Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Conununity (CCRC) for those residents. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 close in surfaces of the Winchester Regional Airport, therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 13, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated February 18, 2009 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & ZoninlZ: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 6 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. The adopted Round Hill Land Use Plan has been included with this agenda package for your information. The Round Hill Land Use Plan recorrrrnends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Through coordination with the Frederick County Sanitation Authority, the proposed infrastructure should be sufficiently sized to meet the needs of the Round Hill Land Use Plan and the infrastructure should be ultimately accessible to other properties within the area. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route 50 Corridor). These design elements should be recognized as being applicable to the B2 conunercial property along Route 50 and have been generally addressed in the proffer statement. The only element that could be addressed to a greater extent is the placement of buildings close to Route 50 with landscaped parking lots in the rear. Building location and site layout and design elements have not been addressed in this application. Recently, several rezoning applications, including the WWW and Botanical Square rezoning requests, have addressed the above design principles in some form. This rezoning application generally addresses the design principles of the Round Hill Land Use Plan. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, the application generally addresses the Round Hill Land Use Plan. However, a greater amount of consideration could be provided to the coordinated design and layout of the commercial portion of this project, in particular, with the building location and site layout and design elements. The application should clearly demonstrate how it will achieve a campus style development. Presently, this has not been identified clearly. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 7 The application provides for street trees along the major thoroughfares within the project, the ten foot multiuse trail extended along the length of Spinning Wheel Lane and internal to the project, and the U41) typical section for a portion of the collector road. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road that may be implemented east of the intersection of Spinning Wheel and Silver Lake. The Round Hill Land Use Plan reconunends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP could be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation The Round Hill Land Use Plan recornmends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan reconunends travel lane and signalization needs associated with development in the study area. This application generally addresses these improvements in a positive manner. A new major collector road, Spinning Wheel Lane is identified through the center of this project providing connectivity between Route 50 and area of commercial development to the east of this property. This new road should be an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U41) typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The application recognizes this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. Of the two alternatives for the potential realigmnent of Poorhouse Road, Option 1 would be the most preferable. No off -site improvements have been provided to make this comlection. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 8 The application provides for bike and pedestrian connectivity throughout the project and along the projects frontage with Route 50. Pedestrian acconnnodations have been made at the major intersections. Inteiparcel connectivity has been provided on each conunercial lot within the B2 section as development occurs. Each of these elements addresses other transportation components of the Round Hill Land Use Plan. It is reconnnended that key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. To that end, the portion of the trail internal to the passive open space should be advanced if possible. Site Access and design. The Generalized Development Plan provided for this project depicts the location of the internal road systems serving this project. Spinning Wheel Lane serves as the properties major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal Mart. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane and ultimately may provide a connection with Poorhouse Road. An additional internal street provides access to the western corrunercial portion of the property. 2) Site Suitability/Environment This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into the project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan which would provide for a greater area of protected passive open space. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. It is recognized that the County's development standards provide protection to such features. However, the Generalized Development Plan could be used to incorporate these features into the design of the project to a greater extent. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. This item has not been addressed at this time. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 9 3) Potential Impacts Please recognize that this project proposes developing an area of MS Medical Support District and an area of B2 Business General District. The MS area is proffered to specifically be a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre. This would potentially yield 1,048 residential units. The B2 district does notproffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development should be recognized With regards to transportation, the TIA projects the build -out of this project within four phases. However, there is no limitation on the amount of development beyond the fourth phase. This potentially may allow a significantly larger arnount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant has provided an approach that addresses the potential of additional transportation impacts to the satisfaction of the County's Transportation Planner and VDOT. A. Transportation A Traffic Impact Analysis (TIA) was prepared for the Silver Lake, LLC application dated November 25, 2008. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The Applicant's transportation program is based upon this four phased approach to addressing the transportation impacts associated with this project. In general, the approach of the TIA is sununarized as follows. Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail Improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. PhacP 7 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a hvo-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 0 0 Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 10 northbound off ramp to provide for a second right turn lane, and the development of a third wesibound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 Increases development to account for an additional 140,000 square feet of cornrnercial retail and 245,000 square feet of office land use. Improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -Nest road system to connect with Poor House Road (Route 654). Please recognize that the connection over to Poor House Road via option 1 is not provided for with this application. Option 2 would be implemented if land has not been made available to implement Option 1. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the connnercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. Beyond Phase 4 In the event that the Applicant would develop connnercial and/or office land uses that exceed the maximum square feet or total trip generation specified in the transportation program, the Applicant has proffered that a new TIA shall be prepared and any necessary transportation improvements will be implemented as a condition of site plan approval. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. As identified previously, Spinning Wheel Lane is identified as an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U41) typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. • 0 Rezoning 901-09 — Silver Lake, LLC April 13, 2009 Page 11 B. Water & Sewer The proposed build -out of the 370 acre property is estimated to add 259,014 gallons per day to the public sewage conveyance system. In addition, it is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Coordination with the Frederick County Sanitation Authority is occurring to ensure that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. Ultimately, the cornrnercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Fire and Rescue This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. This application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located • 0 Rezoning 401-09 — Silver Lake, LLC April 13, 2009 Page 12 near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Conununity, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. 1) Proffer Statement — Dated November 25, 2008; revised March 2, 2009 (Please note that the final Proffer Statement is dated Marcia 30, 2009 and is included in your package) The Proffer Statement for this Application is very detailed. The following is a summary of some of the key components of the proffer statement with those items that need to be addressed identified. A) Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the MS and B2 zoning districts, the general location of the primary public street systems and access to Route 50, the general location of the proposed fire and rescue station, the general location of the passive open space area, the 50' landscape buffer adjacent to Route 50, the trail system, and the phasing of the transportation program. The GDP consists of three sheets, with pages 2 and 3 providing additional detail on improvements to intersections within Route 50. B) Land Use The Applicant has specifically proffered a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre for the portion of the property to be zoned MS. This would potentially yield 1048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Several B2 uses have been prohibited by proffer. Areas of mature woodlands are proffered to be preserved in those areas where buffers would be required. A linear area of passive open space has been provided central to the project. A 50 foot landscaped buffer area has been provided along Route 50. Landscaping in the form of street trees has been provided along the main thoroughfares of the property, Spinning Wheel Lane and Silver Lake Road. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. It is important to protect areas of environmentalfeatures identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. • 0 Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 13 An architectural review board responsible for ensuring certain site development and building design standards has been proffered. C) Transportation The application limits entrances to the CCRC to two, limits full service conunercial entrances onto Route 50 and Poorhouse Road (no commercial entrances are permitted on Poorhouse Road), and has ensured inter parcel connectors between all adjoining commercial and office land uses. The Application provides for a bike and pedestrian facility that is 10 feet in width throughout the project as identified on the GDP. The phased development of this facility is described in detail. The Applicant has proffered a four phase approach to the transportation improvements provided with the development of this project as follows: Phase 1 The development of 570 units within the CCRC and 180,000 square feet of conunercial retail. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of conunercial retail and 144,600 square feet of office land use. Improvements associated with the above phasing include; all necessary right of way dedications, signalization improvements at each new intersection fronting on Route 50 and at Poorhouse Road including pedestrian accommodations, improvements within the Route 50 right of way including additional lane improvements, the construction of Spinning- Wheel Lane initially as a four lane divided section from Route 50 to the future roundabout and as an undivided section through the remainder of the property, the construction of Silver Lake Road throughout the property initially as a two lane section with an ultimate four lane facility, improvements within the Route 37 interchange with Route 50, and the ability to utilize any funding consistent with these Route 37 interchange improvements by Frederick County for matching funds for qualifying transportation improvement programs or grants. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. 0 • Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 14 D) Community Facilities The Applicant has proffered the dedication of land to Frederick County for the development of a new fire and rescue facility serving the Round Hill Community. Please note that this proffered dedication of afire and rescue site has a five year sunset clause attached to it. Frederick County typically does notprefersunset clauses attached to proffered commitments. The offer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. TheApplicant has notproffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. The projections of the Development Impact Model (DIM) recognize residential projects that would typically generate some form of tax revenue for the County through the payment of real estate taxes. Alternative approaches to this may model have an impact on the projections of the DIM and the financial impacts of future residential units. STAFF CONCLUSIONS FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achiever. Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 15 • It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. • The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. • The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered • The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following communityfacilities; Parks and Recreation, Public Safety, Library, and General Government. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/18/09 MEETING: Mr. Evan W. Wyatt, with Greenway Engineering, representing the Silver Lake rezoning request which included the Silver Lake commercial rezoning and the National Lutheran Home Medical Support District rezoning, addressed the staff s outstanding issues, as follows: Regarding efforts to achieve a campus -style development, Mr. Wyatt said the applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved along Spinning Wheel Lane; and the bases on monument signs will be consistently designed providing a subtle, but visually -recognizable structure throughout the project. He said major intersections on Route 50 will have crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered interparcel connectivity for the commercial uses. In addition, the 50-foot landscaped strip along Route 50 and Spinning Wheel Lane will contain ornamental shrubs, street trees, and a hiker/biker trail along the entire frontage of the property. Regarding the recommendation to provide a greater area for the park and protect environmental features, Mr. Wyatt said the green area was originally envisioned to be a county -owned public park; however, the Parks & Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this passive open space area is not a public park, although it has been equipped with amenities such as trails that link to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland preservation will be provided with the MDP. Regarding efforts to extend the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then continues as an urban section with four lanes, but does not have a raised grass Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 16 median. He said the road improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he believed this design was consistent with what is perceived to be a campus -style development. It is recognized that this design is not consistent with what is called for in the Round Hill Land Use Plan. Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt explained the use of color coding for the various road segments and how it related to the project's phases of development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in sequential order, and until every improvement associated with each phase is provided, the applicant is capped at a certain square footage of commercial along the way. For example, if the applicant has an opportunity to develop more than 180,000 square feet of retail use designated for Phase I, the applicant would have to install all the improvements not only in the areas of very light green, but the next shade of green as well. Mr. Wyatt noted that although additional monetary contributions were not offered by the applicant for community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the Sanitation Authority and this project addresses the goals of the Comprehensive Policy Plan by contributing to the expansion of services further up the corridor towards the community center, as follows: 12-inch water and sewer lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight -inch water and sewer lines; the applicant will install a one -million gallon tank as opposed to a 600,000-gallon water tank projected to be sufficient solely for the project's needs; and easements will be provided at no cost along the applicant's commercial properties within the SWSA for connectivity by adjacent properties. The water and sewer improvements will not be done right away, but will occur as development proceeds. In addition, Mr. Wyatt commented that the County's Fiscal hnpact Model indicated a 32.28 million -dollar positive impact to the County with the projected commercial uses and the independent living units associated with the CCRC will pay real estate taxes, providing another revenue source to the County. During the citizen connnent portion of the hearing, the chairman recognized approximately six to ten fire and rescue personnel in attendance. Speaking on behalf of the Round Hill Community Fire and Rescue Company, one representative expressed concerns about the lack of specificity in the language of the applicant's proffer designating the Round Hill Community Fire and Rescue Company as the recipient of the monetary contribution and the acreage. He said the proffers are intended for the impacts to the first due company in the area; however, the proffer language simply refers to the County of Frederick for the Round Hill Community as the recipient of the monetary contribution and acreage. The Round Hill Community Fire and Rescue Company Chief voiced a concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along Route 50. He suggested pre-emption devices on all the traffic signals installed along Route 50. Three other citizens spoke; one citizen had concerns about the impact of additional traffic and one expressed concern that the residents had not been properly notified of the pending public hearing. The third citizen, an adjacent property owner, spoke in favor of the project; he believed the National Lutheran Home would bring an enhancement to the Route 50 corridor and to the Round Hill 0 • Rezoning #01-09 — Silver Lake, LLC April 13, 2009 Page 17 conu7runity. He also thought the National Lutheran Home would encourage other good development on the remainder of the project. Commission members had positive continents about the proposal and commended the applicant and Greenway Engineering for a well -planned and well thought-out project. Commissioners thought this was a good project for Frederick County and they believed the National Lutheran Home component was a much needed asset to the community. Commission members said they would like to see a commitment made by the Board that the funds will stay within the Round Iill Community and that the fire and rescue station will benefit from those funds. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted by the applicant. (Note: Commissioner Kriz was absent from the meeting.) STAFF UPDATE FOR THE 04/22/09 BOARD OF SUPERVISORS MEETING: A revised Proffer Statement, Dated March 30, 2009, was provided by the Applicant following the Plamiing Commission's recommendation which addresses several minor comments that were offered by the Planning Commission, John Bishop, and the County Attorney. The revised Proffer Statement is in an acceptable legal form. The items previously identified in the staff report remain a consideration. However, the Planning Commission's positive recommendation was based upon a thorough review and evaluation of the request including the issues identified in the staff report. This application to rezone 370.02 acres to the MS (Medical Support) District and the B2 (Business General) District with proffers for a Continuing Care Retirement Conununity and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. CIrkfa+T (rC -?Y. r :wk a'+S REZONING APPLICATION 901-09 SILVER LAKE, LLC Staff Report for the Planning Commission Prepared: March 2, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director John A. Bishop, AICP, Deputy Director - Transportation Reviewed Action Planning Commission: 03/18/09 Pending Board of Supervisors: 04/08/09 Pending PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. • The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved. • It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. • The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. E 0 Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 2 The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 3 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. PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50West), west of Retail Boulevard and east of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential, Vacant, Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential/Vacant B2 (Business General) Commercial East: B2 (Business General) Use: Commercial West: RA (Rural Areas) Use: Residential/Agricultural Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 4 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address 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. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Round Hill Fire and Rescue Co.: I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we camiot do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost is borne at the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Road and Northwestern Pike not be removed after the relocation of Poor House Road to allow us quicker and safer access to Northwestern Pike and points north and west. c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for its use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways that access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The developer assists or complete all site Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 5 preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Public Works Department: 1. Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotecluiical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and/or pollutants directly into the underlying groundwater system. The concentration of runoff may also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. Department of Inspections: Existing structures require an asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Sanitation Authority: No comment. Service Authority: No comment. Health Department: No Comments. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 6 Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Property as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. In addition, the Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: Hodgson House (#34-93), Walnut Grove (#34-98), Aspen Shade (#34-85), Abner - Hodgson House (#34-94). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Department of Parks & Recreation: The applicant has proposed to proffer a ten acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05-06 Round Hill Center refers to a "new ;ark in the area of the large pond", the usable acreage proffered is not consistent with the Parks and Recreation Department's Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrian/bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike/Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (CCRC) for those residents. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 close in surfaces of the Winchester Regional Airport, therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 13, 2009 from Roderick B. Williams, County Attorney. PlanninLF Department: Please see attached Memo dated February 18, 2009from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zonin1j: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. • 0 Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 7 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. The adopted Round Hill Land Use Plan has been included with this agenda package for your information. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Through coordination with the Frederick County Sanitation Authority, the proposed infrastructure should be sufficiently sized to meet the needs of the Round Hill Land Use Plan and the infrastructure should be ultimately accessible to other properties within the area. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route SO Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and have been generally addressed in the proffer statement. The only element that could be addressed to a greater extent is the placement of buildings close to Route 50 with landscaped parking lots in the rear. Building location and site layout and design elements have not been addressed in this application. Recently, several rezoning applications, including the WWW and Botanical Square rezoning requests, have addressed the above design principles in some form. This rezoning application generally addresses the design principles of the Round Hill Land Use Plan. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, the application generally addresses the Round Hill Land Use Plan. However, a greater amount of consideration could be provided to the coordinated design and layout of the commercial portion of this project, in particular, with the building location and site layout and design elements. The application should clearly demonstrate how it will achieve a campus style development. Presently, this has not been identified clearly. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 8 The application provides for street trees along the major thoroughfares within the project, the ten foot multiuse trail extended along the length of Spinning Wheel Lane and internal to the project, and the U4D typical section for a portion of the collector road. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road that may be implemented east of the intersection of Spinning Wheel and Silver Lake. The Round Hill Land Use Plan recommends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP could be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. This application generally addresses these improvements in a positive manner. A new major collector road, Spinning Wheel Lane is identified through the center of this project providing connectivity between Route 50 and area of commercial development to the east of this property. This new road should be an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U41) typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The application recognizes this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. Of the two alternatives for the potential realignment of Poorhouse Road, Option 1 would be the most preferable. No off -site improvements have been provided to make this connection. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 9 The application provides for bike and pedestrian connectivity throughout the project and along the projects frontage with Route 50. Pedestrian accommodations have been made at the major intersections. Interparcel connectivity has been provided on each commercial lot within the B2 section as development occurs. Each of these elements addresses other transportation components of the Round Hill Land Use Plan. It is recommended that key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. To that end, the portion of the trail internal to the passive open space should be advanced if possible. Site Access and design. The Generalized Development Plan provided for this project depicts the location of the internal road systems serving this project. Spinning Wheel Lane serves as the properties major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal Mart. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane and ultimately may provide a connection with Poorhouse Road. An additional internal street provides access to the western commercial portion of the property. 2) Site Suitability/Environment This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into the project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan which would provide for a greater area of protected passive open space. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. It is recognized that the County's development standards provide protection to such features. However, the Generalized Development Plan could be used to incorporate these features into the design of the project to a greater extent. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. This item has not been addressed at this time. • 0 Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 10 3) Potential Impacts Please recognize that this project proposes developing an area of MS Medical Support District and an area of B2 Business General District. The MS area is proffered to specifically be a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre. This would potentially yield 1,048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development should he recognized. With regards to transportation, the TIA projects the build -out of this project within four phases. However, there is no limitation on the amount of development beyond the fourth phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant has provided an approach that addresses the potential of additional transportation impacts to the satisfaction of the County's Transportation Planner and VDOT. A. Transportation A Traffic Impact Analysis (TIA) was prepared for the Silver Lake, LLC application dated November 25, 2008. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The Applicant's transportation program is based upon this four phased approach to addressing the transportation impacts associated with this project. In general, the approach of the TIA is summarized as follows. Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail Improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 • Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 11 northbound off ramp to provide for a second right turn lane, and the development of a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Please recognize that the connection over to Poor House Road via option 1 is not provided for with this application. Option 2 would be implemented if land has not been made available to implement Option 1. PhasP d Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. Beyond Phase 4 In the event that the Applicant would develop commercial and/or office land uses that exceed the maximum square feet or total trip generation specified in the transportation program, the Applicant has proffered that a new TIA shall be prepared and any necessary transportation improvements will be implemented as a condition of site plan approval. It is recognized that a significant amount of transportation infiastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. As identified previously, Spinning Wheel Lane is identified as an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U41) typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. Rezoning 401-09 — Silver Lake, LLC March 2, 2009 Page 12 B. Water & Sewer The proposed build -out of the 370 acre property is estimated to add 259,014 gallons per day to the public sewage conveyance system. In addition, it is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Coordination with the Frederick County Sanitation Authority is occurring to ensure that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Fire and Rescue This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. This application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located 0 0 Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 13 near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. 3) Proffer Statement — Dated November 25, 2008; revised March 2, 2009 The Proffer Statement for this Application is very detailed. The following is a summary of some of the key components of the proffer statement with those items that need to be addressed identified. A) Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the MS and B2 zoning districts, the general location of the primary public street systems and access to Route 50, the general location of the proposed fire and rescue station, the general location of the passive open space area, the 50' landscape buffer adjacent to Route 50, the trail system, and the phasing of the transportation program. The GDP consists of three sheets, with pages 2 and 3 providing additional detail on improvements to intersections within Route 50. B) Land Use The Applicant has specifically proffered a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre for the portion of the property to be zoned MS. This would potentially yield 1048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Several B2 uses have been prohibited by proffer. Areas of mature woodlands are proffered to be preserved in those areas where buffers would be required. A linear area of passive open space has been provided central to the project. A 50' landscaped buffer area has been provided along Route 50. Landscaping in the form of street trees has been provided along the main thoroughfares of the property, Spinning Wheel Lane and Silver Lake Road. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. It is important to protect areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. 0 • Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 14 An architectural review board responsible for ensuring certain site development and building design standards has been proffered. C) Transportation The application limits entrances to the CCRC to two, limits full service commercial entrances onto Route 50 and Poorhouse Road (no commercial entrances are permitted on Poorhouse Road), and has ensured inter parcel connectors between all adjoining commercial and office land uses. The Application provides for a bike and pedestrian facility that is 10 feet in width throughout the project as identified on the GDP. The phased development of this facility is described in detail. The Applicant has proffered a four phase approach to the transportation improvements provided with the development of this project as follows: Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Phnea I Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements associated with the above phasing include; all necessary right of way dedications, signalization improvements at each new intersection fronting on Route 50 and at Poorhouse Road including pedestrian accommodations, improvements within the Route 50 right of way including additional lane improvements, the construction of Spinning Wheel Lane initially as a four lane divided section from Route 50 to the future roundabout and as an undivided section through the remainder of the property, the construction of Silver Lake Road throughout the property initially as a two lane section with an ultimate four lane facility, improvements within the Route 37 interchange with Route 50, and the ability to utilize any funding consistent with these Route 37 interchange improvements by Frederick County for matching funds for qualifying transportation improvement programs or grants. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. 0 0 Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 15 D) Community Facilities The Applicant has proffered the dedication of land to Frederick County for the development of a new fire and rescue facility serving the Round Hill Community. Please note that this proffered dedication of afire and rescue site has a five year sunset clause attached to it. Frederick County typically does notprefer sunset clauses attached to proffered commitments. The offer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. The projections of the Development Impact Model (DIM) recognize residential projects that would typically generate some form of tax revenue for the County through the payment of real estate taxes. Alternative approaches to this may model have an impact on the projections of the DIM and the financial impacts of future residential units. STAFF CONCLUSIONS FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. • The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved. Rezoning #01-09 — Silver Lake, LLC March 2, 2009 Page 16 • It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. • The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. • The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered • The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Following the rewired public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Greenway Engineering November 25, 2008; Revised January 6, 2009.0 -Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 SILVER LADE, LLC PROFFER STATEMENT REZONING: RZ # mural Areas District .(RA) to Business General District (82) and MS Medical Support District (MS) PROPERTY: 370.02± acres: Tax Parcels 452-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (rrer e-in after Me "i`i vY2i ijTS') RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Dome Community ORIGINAL DATE 7�7 OF PROFFERS: November 25, 210 0 REVISION DATE: March 2, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance wish respect to conditional zoiiiiig, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96::L acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52- ((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein; except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance, In the event that .such rezoning is not granted, then these proffers shall be dep. pd withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and ffirther described by Property Deeds including Instrument Number 090001536, Deed Book S72 Page 318 and Deed Book 927 Page 1-5-91. (Please refer to Rezoning Application Deed Information). File 114928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009• 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 ;?li' O lF+ ER STATEMENT A. Generalized l-eyeiopmeat Pfau 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Tire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 2, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering -constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20090 3 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 to provide a maximum of two Commercial entrances on Spinning Wheel Lane to provide access to the CCRC. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops olf Driving Ranges ➢ Outdoor Batting Cages ➢ Model IIome Sales ➢ Self-Seivice Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike Sliaii be permitted if approved by vIDO T aildi0 Frederick CGtiilty. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, unless access drives are permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(6) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of "..; tJ�Th S' k Road throughout the limits of the B2 uYu�nnirlg reel Lane and ,silver Lane � oa District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(6) of the proffer statement. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 5. The Applicant hereby proffers to provide for inter -parcel conriectors between all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in tiie RA District nj which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section 1)(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. 9 The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building pen -nit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. °. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 200910 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument f,-eestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. Common area maintenance agreements. L. T rans41lZ'1'tC11�.1V11 Ll1llQLl:G111GL 6S 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase I Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20090 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the '2 portion Of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 501 and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, Or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These iinpro vements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 200910 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes oil 'Spinning Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition fiom the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on 111LLLre traffic counts as described in Oection DO). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDO T shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. u1 the event that VDOT and Frederick County detelmm.` e that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDO T, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this File #49285/Silver Lake LLC Rezoning Greenway. Engineering November 25, 2008; Revised January 6, 2009. 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised Mauch 2, 2009 monetary contribution to Frederick County within 30 days of written request by the County, and fa ether agrees to allow for t1i1S monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Prograni: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1— Phase 2. however, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20090 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to 06ilver Lake Road to include a two -lame urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in S2etron D(5). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right t rn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of comiinercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design a�rd construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with tlis improvement. The Applicant shall File 44928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 complete these improvements in conjunction with construction activities associated with ailver Lake Road as described in Section 1)(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B32 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090, 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans witliin this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2005 Trafcic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the P roperty. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered oft -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 200�0 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 or cause for the construction of the two-lane urban road connection between Spiririing heel Lame and Poor House Road on the Property. The general location of the two -lame road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the pro pe ll y: 111 tiiE EV6rit that the AppliCaiit wGuld deSlrE to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2000 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on NOrthweStcill Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the prOf�er state���er�t Oil the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lade urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinnng Wheel Lane and Poor House Road at the western boundary of the Property. if warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill community within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, File #4928S/Silver Lake LLC Rezoning Silver Lake Q,�F ReZoning # 01-09 PIN: 52-A-C, 52-A- 50, 52-A-50A, 52 - A - 52, 52 - A - 63 P 41 A 170 pr./' FRUIT HILL ORCHARD INC.: 52 A 47 51 P 4BPRp SNC. CARPENTER ROBERT, N TRUSTEE Fplj l4�VOa0H —„ *." 1\ 51It {� wI. .ti•�y ♦ FRp s \ rwo )y erA• � � ) fi 2 4 47c 2 ` 7 •. 52' A '50 �iti Y. •,� v + ,y i i It SILVER CAKELLC ! y 2 52 A 63: •'� . -li � y'•i•7r, r� �f'�� o •. SILVER LANE LL,�G ^ • �°` t IY 1 L )' c i SIL ! --- 4 50 50 • r�! 1 `I' _yam d„r.. At ' S/e' A/IIRR � f Bern RR 5]' A:256 ` PERRY STUART JNC 803 !t A tF Case Planner: Mil Future Rt37 Bypass Zoning M2 (Industrial, General District) OREZ0109_SilverLake HI (Business, Neight—hood District) • Mill (Moblk Home Community District) Buildings B2 (Business. General Divtrist) • MS (Medical Support District) � � I Urban Decelopmnn Arca • B3 (Business, lndustrial Transition District) • R4 (Residential Planned Community District SWSA _ EM (6atractive Manufacturing District • R5 (Residential Recreational Community District) • HE (Higher Education District — RA (Rural Area District) • MI (industrial, Light District) RP (Residcntial Performance District) 0 250 500 1,000 Feet Ej Li Greenway Engineering � November 25, 2008; Revised January 6, 2000 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station faeili y. 1 he Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not coiiuiience construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station serving the Round Hill community at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in tho amount of $1,000,000.00 for the development of a new lire and rescue station serving the Pound Hill community. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist with the development of the new fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station serving the Round Hill community has not been approved within five years from the date of final non - appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station serving the Round Hill community. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009,40 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 F. Sil4natures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the 'land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: �0 By: 3 Date: I Commonwealth of Virainia. City/ tiAAM-y of (���„/�erl� iz To l y'it: The foregoing instrument was acknowledged before me this +4t- day of 0 `� &"�Z'P,ZiU N ary Public My C'oirnmission Expires 80 ,�20 /d CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg. #184054 File #4928S/silver Lake LLC; Rezoning NOTE: fe 0 50' GREEN STRIOENHANCEMENTS 0 0 THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH LENGEND Z THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. — — — — — — — — — — — — SHPALT BICYCLE g PeafS A TR1q W I O'ASHPALT BICYCLE & PEDESTRIAN FACILITY 10 ►� FACILITY ui b — N ORNAMENTAL TREES - R/W — — I 3O' MAX — — — R/1N ORNAMENTAL SHRUBS Cat W O m � INTERSECTION OF ROUTE 50 & SPINNING WHEEL LANE I 3 o� ■ J � , � o, ��� r w ■ w = w r- W by a W av 0,� 3w'1� Z �� a�oo °: xd y ZJ F .�. G Z Z a - � Y b m� STRIP - - 50' GREEN STRIP Z Q r PHAS J a s __PHASE 1 W a ROUTE 60 LEFT TURW LAME __— Z ._ m oQ PHASE 1 LEFT TURN LANE SIGNALIZED♦ a 'J >- W INTERSECTION O W w� W E-o U INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD W W Ck a W J o w N( w 50' GREEN STRIP > m - - Q � z J 50 GREEN STRIP cc CO) LLI H 4- t Z — -- t a W — PHASE THROUGH LANE s PHASE 2 RIGHTLANE _TURN PHASES PHASE 4 THROUGH LANE E�5O — —FUGFfT TURN LANE V DATE: March 30, 2009 SCALE: NTS PHASE 2 LEFT TURN LANE DESIGNED BY: JNT PHASE 2 SIGNALIZE JOB N0. 4928S LEFT TURN LANE INTERSECTION SHEET 2 OF 3 C En 0 44 35 NORTHWESTERN PIKE 18 Silver Lake, LLC Property Adjoining Properties Map E3 .ice m ' (_Winchester & Western RR Legend Silver Lake, LLC Property Parcel Boundaries Adjoining Properties SOv F / N 52 A C n Z FE LU W Z ro W m °J • E Y NBOW W NE Z s W zt awe �u srs c V ==� 3.x "a i V i wgLMgRtOEi / ' m CR0CK Wet LM1L o a S UJI CR m ��NORrHWESTPIKE ERN p � H7z 10 9 P 4C1.1 S1P 858 sos Feet 700 350 0 700 1,400 W 0 U m 0 Q z w 2o�LD w CL wJ�o OD tl 0 w } N Z w v U d (1) Z L O a. Q OU Y Cr U Y Z U ¢ CD cr Z QM: a N w w ia 0 Cr ow w o in Q Z cr N Q m c C7 N W J 0 U -- U p Data Source: Frederick County, Va. GIS Department, April 2008 Data ZONING PARCELS: MS DISTRICT TM 52-((A))-50 (131.0592 ACRES)+/- 62 DISTRICTTM 52-((A))-C (164.6509 ACRES)+/- B2 DISTRICTTM 52-((A))-63 (55 ACRES)+/- 132 DISTRICTTM 52-((A))-50A (11.155 ACRES)+/- B2 DISTRICTTM 52-((A))'52 (8.155 ACRES)+/ - TOTAL 370.02+/- AC 1. r 52-A-63 B2 ZONE 55 ACRES 1 V S 52-A-50A B2 ZONE / 1 1 .1 55 ACRES 7688' 52-A-63 B2 ZONE 52-A-50 MS ZONE 131.0 392 ACRES � �78 N - c 301.914 X L SSA. V F' •30000' R�j•SO' 19' 52-A-52 B2 ZONE 6 ACRES 387.3098- NORTHWeZ T ERNX 73'36'13• PEKE 52-A-C B2 ZONE 164.6509 ACRES H � 13' �V r� 1167.6880, — ----------------- 1•1wW .. —. E NORTHWESTERN PIKE cs z N W W N d to LLM RoC N N 3 v' aSo W Ec G p U LAM� n a w w F. 0 5 m o w rn ♦ 1 U_ E- J a J Q W _ 14 WV) W Y F U) J U � z � z N W o DATE: APRIL 21, 2009 1 SCALE: 1" = 500 DESIGNED BY:JNT JOB NO.4928S SHEET 1 OF I U REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Fee Amount Paid $ 3Ci Zoning Amendment Number f 41 -Cl Date Receive PC Hearing Date ? 5" BOS Hearing Date d jD 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. 2. 3. Applicant: Name: Greenway En ineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Silver Lake, LLC Telephone: (540) 662-7215 Address: 13 South Loudoun Street Winchester. VA 22601 Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement L� 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: James R. Wilkins, Jr. James R. Wilkins. III 6. A) Current Use of the Property: Residential; Agricultural & Unimproved B) Proposed Use of the Property: Commercial Retail; Office & CCRC (Continuing Care Retirement Community) 7. Adjoining Property: Please refer to attached Adjoining Property Map & Property Owner Information Table PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). 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 52-((A))-C, 52- ((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 Magisterial: Fire Service: Rescue Service 10. 11. Gainesboro Round Hill Round Hill Districts High School: Middle School: Elementary School Jaynes Wood Frederick County Orchard View Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 238.96± RA District B2 District — Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 131.06± RA District MS District — TM Parcel 52-((A))-50 370. 22± Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Multi-Farnily Hotel Rooms: The Continuing Care Retirement Community will have a mixture of independent living units, assisted living units, and skilled nursing units proffered at a maximum density of 8 units per acre. Square Footage of Proposed Uses Office: 494,600 Service Station: Retail: 583,050 Manufacturing: Restaurant: Warehouse: Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: 2 9 /09 Owner (s): �y„� li �� �` Date: /�A�( Special Limited Power of Attorney GK � rip ' County of Frederick, Virginia m Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone) (540) 662-7215 (Address) 13 South Loud0Lm Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 090001536 on Page Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: 50 Block:A Section: & Parcel: 52 Lot: C Block: A Section: Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: & Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway 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 thereof, I(e) have hereto set my (our) hand and seal thisJQYiday of c u 200q, Signatures) State of Virginia, 01-5r/County 0".G kTo-wit: I, 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 mein the jurisdiction aforesaid this, day ofj�, 200`3. My Commission Expires: ', �O ,_.)DJO ry FLIOIN DY GROVE NOTARY PUBLIC Commonwealth of Virginia Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 14, 2014 Mr. John Midolo The Village at Orchard Ridge 400 Clock Tower Ridge Drive Winchester, VA 22603 RE: Proffer for Fire and Rescue Enhancements Rezoning #06-13 Silver Lake, LLC Dear Mr. Midolo: This letter is to inform you that the Site Plan for the new fire and rescue station was approved by Frederick County on March 27, 2014 (Proffer E.1). The applicant is required to pay a monetary contribution of $1,000,000.00 to be paid to the County for the development of the new fire and rescue station (Proffer- E.2). The County is requesting the dedication plat, right-of-way dedication, and monetary contribution by April 21, 2014. If you have any questions, please call me at (540) 665-5651. Sincerely, 4'ear�VkR&.Ch Zoning Administrator MRC/pd Attachment 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 R Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 right-of-way acquisition if assistance from VDOT and/or Frederick County is required. C. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and O C7 ry ry File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2009; Revised January 6, 2009; Revised January 27, 2009; 14 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 support facilities on or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum of three acres and a maximum of four acres in size; with the final size of this site being determined upon approval of the Site PIan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. O O N CJ File #4928S/Silver Lake LLC Rezoning OEI? LlI E � COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 1, 2014 Mr. James R. Wilkins, III Silver Lake, LLC 13 South Loudoun Street Winchester, VA 22601 RE: Proffer for Fire and Rescue Enhancements Rezoning #06-13 Silver Lake, LLC Dear Mr. Wilkins: This letter is to inform you that the Site Plan for the new fire and rescue station was approved by Frederick County on March 27, 2014 (Proffer E.1). The County is seeking a dedication plat from the applicant to the County, and right-of-way along Corporate Place (Proffer E.1). The applicant is required to pay a monetary contribution of $1,000;000.00 to be paid to the County for the development of the new fire and rescue station (Proffer E.2). The County is requesting the dedication plat, right-of-way dedication, and monetary contribution by April 21, 2014. If you have any questions, please call me at (540) 665-5651. Sincerely, ar R. Chera Zoning Administrator MRC/rsa bc: Ed Strawsnyder, Public Works 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; CD Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009, 13 Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 \) f\) right-of-way acquisition if assistance from VDOT and/or Frederick >v County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to provide for a second Ieft turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street Systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and File #4928S/Silver Lake LI.0 Rezoning Greenway Engineering November 25, 2009; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009, Revised March 2, 2009; 14 Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 support facilities on or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. I The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. O O fV CJ File #49289/Silver Lake LLC Rezoning • AMENDMENT Action: PLANNING COMMISSION: March 18, 2009 - Recommended Approval BOARD OF SUPERVISORS: April 22, 2009 a APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 401-09 OF SILVER LAKE, LLC WHEREAS, Rezoning 901-09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 23 8.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES914-09 • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye PDRI SH 14-09 Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST John ' . Ril , Jr. Fred rick County Administrator Greenway Engineering • November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 SILVER LADE, LLC "� PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: March 30, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-09 for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))- 50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; • 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 30, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; * 3 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; * 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary - of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 5 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spiraling Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 0 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 0 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre- emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File 1149285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; • 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of File 449285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; • 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 0 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section 1)(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 0 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to .he approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. File #4928S/Silver I-ake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 0 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 1)(2)(f), 1)(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non -appealable rezoning File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 9 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering 46 November 25, 2008; Revised January 6, 20090 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ # Rural Areas District (RA) to Business General District (B2) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: PROJECT NAME ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Silver Lake, LLC (here -in after the "Applicant") Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community November 25, 2008 M-areh 13, 2March 30, 2009 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52- ((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File it4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009!0) 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated MaFeh2,200-9 Match 30, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section 1)(2)(f) of the proffer statement, and further proffers File 114928S/Silver Lake LLC Rezoning Greenway Engineering is November 25, 2008; Revised Ruwary 6, 2009; 3 Revised Ruwary 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, unless except for access drives a-r-e permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three - gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in reetion G% Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Seetior C;(6) Section C(8) of the proffer statement. File 114928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20090 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 File 114928S/Silver Lake LLC Rezoning Greenway Engineering 0 November 25, 2008; Revised January 6, 2009!6 5 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7"' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File 1149285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to frilly fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by File 1149285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009* 7 Revised Ruivary 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; Merck 30, 2009 VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the fixture roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this File #4928S/Silver Lake LLC Rezoning 01 Greenway Engineering November 25, 2008; Revised January 6, 2009 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 200901 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 D(2)(c) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spirming Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). File 114928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009!9 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009;— 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 squarefeet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design File 1149285/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t" Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that File H4928S/Silver Lake LLC Rezoning 0 Greenway Engineering • November 25, 2008; Revised Ruuiary 6, 2009• 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spiraling Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 1)(2)(f), 1)(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. File 1149285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire File 114928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 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 114928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009P Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #U/ - oq Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: March 13, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 01-0for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52- ((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #4928S/Silver Lake LLC Rezoning Geenway Engineering November 25, 2008; Revised January 6, 20099 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the .Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 2, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers File #4928S/Silver Lake LLC Rezoning • 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. C. B2, Business General District Area The Applicant hereby proffers allowed within the B2 District: Truck Stops Golf Driving Ranges Outdoor Batting Cages Model Home Sales Self -Service Storage Facilities Adult Retail Establishments The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, unless access drives are permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(6) of the proffer statement. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(6) of the proffer statement. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20090 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20090 5 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009 � 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spiraling Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009• 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this File #49285/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 20091� 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009!0 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spiraling Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall File #4928S/Silver Lake LLC Rezoning Is Greenway Engineering • November 25, 2008; Revised January 6, 200910 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009!6 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t" Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, File 1149285/Silver Lake LLC Rezoning Greenway Engineering 0 November 25, 2008; Revised January 6, 20090 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`I' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized. that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009!0 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spurning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 1)(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue Lentil the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being File #4928S/Silver Lake LLC Rezoning Greenway Engineering 10 November 25, 2008; Revised January 6, 2009P 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 20096 15 Revised January 27, 2009; Revised February 16, 2009; Revised Februaryy 19, 2009; Revised March 2, 2009; March 13, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Date: Commonwealth of Virginia, Cit Count of To To Wit: The foregoing instrument was acknowledged before me this i 3�`Alay of Nla�e� 20by GLWt25 {� • W I k i nS� '(l I Notary Public My Commission Expires 2-1 2-q IZG IZ C3i:5+v0+ion -4 2q6 10 C, i., A� _ G U OF O File #4928S/Silver Lake LLC Rezoning NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGEND PHASE I 0 PHASE 2 PHASE 3 PHASE 4 0 BY OTHERS 0 LANDBAY LEGEND MS DISTRICT 52 DISTRICT FIRE 4 RESCUE SITE 0 GREEN STRIP AND PASSIVE 0 OPEN SPACE !250 MED CRO88�A 132-DISTRICT OPT 1 O ,a N 1 a, h' a ♦ n ♦ ♦ MS -DISTRICT 1 ROUNDABOUT n , \ B2-DISTRICT A. Q 4� B2-DISTRICT 132-DISTRICT \\�\ B2-DISTRICT GENERAL LOCATION 90 1 OF 4\ I \PASSIVE OPEN SPACE AREA I \ / 1 / 1 _ I I \ I �\ GENERAL LOCATION OF � FIRE A RESCUE SITE / 1 ° 1 _ � I 50' GREEN STRIP TE 50 MW cRosaA 50' GREMN STRIP MA 50' GREEN STRIP CROSSM Z W H Z a O Q 0W¢ -- W W Ho > p Cf)LLI oLLI�U J aQ W N cc W mX J W z a > z cc � W H � =a _ Z W I� DATE: March 2, 2009 i SCALE: NTS DESIGNED BY: JNT JOB NO. 49289 SHEET 1 OF 3 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. 50' GREEN STRIP ENNANCEME — — — — SNpp�T BICYCLE $ PC'D — — — 10P/ tR1AN FACILITY R/W - - — ' 30' MAX I - INTERSECTION OF ROUTE 50 & •"PINNING WI'IttL LANC ' GREEN STRIP PHASE t/ LEFT TURN LANE SIGNALIZED INTERSECTIO PHASE 4 THROUGH LANE ■ J ■ w _ ■ 3w �Z Za J z a cn t 50' GREEN STRIP ROUTE b0 _P LASE 1 LEFT TURN LANE - INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD 50' GREEN STRIP PHASE 2 ' SIGNALIZE6 LEFT TURN LANE INTERSECTION w Y a J 50' GREEN STRIP PHASE 2 LEFT TURN LANE R/W `PHASE 2 RIGHT TURN LANE PHASES -PHASE 4 THROUGH LANE ROUTE 50 RIGHT TURN LANE _ a Z a W Z W " o N )010 N a 0 p. m� u Z W b� a I W 0. 4 aLo w cc s 4) Z I�. d Z I• W �. � Z H O �> Q aJ > O W d E > w�D W IW E-4 o > 0 U C.7 a W J ow J W w a > z W y Z W a DATE: March 2, 2009 SCALE: NTS DESIGNED BY: JNT JOB NO. 4928S SHEET 2 OF 3 ` Creenway Engineering November 25, 2008; Revised January G, 2009; 0 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ # kraal Areas District .(PA) to Business General District (112) and MS Medical Support District (MS) PROPERTY: 370.02± acres: Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52- 'A` 63 '1,ere-ln after the " 'r of er '") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Nome Community ORIGINAL DATE , 00°nF P R 0 l'FLIVJ. Adovember 2520 REVISION DATE: March 2, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52- ((A))-52, 52-((A))-63) and 131.06t-acres of MS, Medical Support District (Tax Map Parcel 52-((_A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein; except to the extent that such tenns and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that .such rezoning is not granted, then these .proffers shall be dPemgd withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and father described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File 44928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009;10 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 PROFFER STATEMENT A. Generalized Development Plait 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 2, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan, 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers File 114928S/Silver Lake LLC Rezoning I 1 11 .0 Greenway Engineering • November 25, 2008; Revised January 6, 2009, 3 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC . C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, unless access drives are permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(6) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(6) of the proffer statement. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009, 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District ill which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009;� Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection, of Northwestern Pike (U.S. Route 50) and Poor I-Iouse Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009;* 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spimiing Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on fixture traffic counts as described in Section D(5). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with constriction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009, 8 Revised January 27, 2009; Revised FebrUary 16, 2009; Revised February 19, 2009; Revised March 2, 2009 monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Prograni: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for sitQ plans within this phase of the transportation program (based on the ITE 7i" Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009 � 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to ailver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lt Lane and further agrees to design and construct, or cause for h �ve construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section 1)(6). £ The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009, 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualiPying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. File 114928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009;0 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 20008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, File #49285/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January G, 2009;• 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 or cause for the construction of the two-lane urban road connection between Spinriing Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of conunercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Appllcant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane Pile #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009;0 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the 11132 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 1)(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill community within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009;0 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not conunence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station serving the Round Hill community at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station serving the Pound Hill community. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist with the development of the new fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station serving the Round Hill community has not been approved within five years from the date of final non - appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station serving the Round Hill community. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File 44928S/Silver Lake LLC Rezoning ` Greenway Engineering November 25, 2008; Revised January 6, 2009;* 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators; assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B 3 oq y: Date: I Commonwealth of Virginia, City/C-o-urity of1����cP��it To Wit: The foregoing instrument was acknowledged before me this day of 20 Dg bye �Ca �iLi7�_ � / N ary Public My Commission Expires / . 80 a0/O CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg.#184054 File #4928S/Silver Lake LLC Rezoning 0 • Greenway Engineering November 25, 2008 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ # Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: February 19, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52- ((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 2 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated For,,.,,^,_,. 16 2-OW February 19, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 3 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 proffers to provide a maximum of two commercial entrances on Spinning Wheel Leine to provide access to the CCRC. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West; however, right -in or right -out only access to B2 District land uses shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, unless access drives are permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50 foot green strip shall be required as specified in Section C(6) of the proffer statement. in eenjunetien with the development of the liii�ii�- 4. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(6) of the proffer statement. This nppli,ant shall pregfaffl. File #4928S/Silver Lake LLC Rezoning C� i Greenway Engineering November 25, 2008 4 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 5. The Applicant hereby proffers to provide for inter Marcel connectors between all adjoining commercial and office land uses. 6. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10 foot asphalt trail located along the south side of the Phase I segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(1) of the proffer statement. ➢ The 10 foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10 foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase ITransportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10 foot asphalt trail located along the southern boundary of the Property identified as Area I on the GDP shall be developed during the construction of the Phase I segment of Spinning Wheel Lane as specified in Section D(2)(1) of the proffer statement. ➢ The 10 foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10 foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional File #4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008 5 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will -be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with rre emption eontr-el at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic File #4928S/Silver Lake LLC Rezoning 0 Greenway Engineering November 25, 2008 6 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. ^ dditionafl", 10 foot asphalt ti-ail will be developed outside of the dedieated fight of — These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on File #4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008 7 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or File #i4928S/Silver Lake LLC Rezoning 0 9 Greenway Engineering November 25, 2008 8 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(l) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, File #4928S/Silver Lake LLC Rezoning 0 • Greenway Engineering November 25, 2008 9 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is wan -anted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwester Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 10 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 11 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a curnulative total of Phase 1 — Phase File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 12 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic hnpact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts of that development created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land File 449285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised Fehruary 19, 2009 use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are rnet based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill community within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the The final size of this site shall be being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval; go days -of wr-itten netiee of the County's intention to utilize this site for- th eensti:uetion of a new f'r-eseuefacility; however, the date for dedication of this land may be extended beyond five years if the County has not approved a Site Plan for the new fire and rescue station, or if the County has not programmed funding necessary for the new fire and rescue station . In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station serving the Round Hill community at another location. Additionally, if Frederick County elects not to develop this site as a new fire and Greenway Engineering November 25, 2008 14 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 rescue station following dedication of the site, this land shall be conveyed to the Applicant to allow for further economic development. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station serving the Round Hill community. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist with the development of the new fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station serving the Round Hill community has not been approved within five years from the date of final non - appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station serving the Round Hill community. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File 4t4928S/Silver Lake LLC Rezoning • Greenway Engineering November 25, 2008 15 Revised January 6, 2009; Revised January 27, 2009 Revised February 16, 2009; Revised February 19, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: M. 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 #4928S/Silver Lake LLC Rezoning r'7 GREENWAY ENGINEERING, u. 151 Windy I lill Lane Winchester Virginia 22602 I Founded in 1971 February 19, 2009 Frederick County Plamling Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Silver Lake LLC Rezoning — Review Agency Comment Response Letter Dear Mike: As requested, I have prepared a comment response letter to identify the various matters considered by the Applicant during the review agency comment period for the referenced rezoning. I have incorporated information in response to each review agency item within this letter to assist you with this matter. Please note the following: VDOT Comment — February 19, 2009 Our team has been working with VDOT throughout calendar year 2008 to determine all issues necessary to mitigate the impacts associated with this project. We have conducted multiple meetings with the VDOT review team, including field meetings along the Northwestern Pike corridor to determine appropriate geometric design matters and improvements to existing conditions including median crossing improvements. This effort has resulted in a positive comment from VDOT regarding the proposed geometric design and timing for all on -site and off -site improvements to the regional road system. Additionally, this project has received approval of a signalized intersection spacing exception request by the VDOT Staunton District Administrator. FCSA Comment — December 8, 2008 Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to accommodate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project 49285/EAW www.greenwayeng.com FWSA Comment — December 10. 2008 The proposal for public sewer service will direct effluent to the Opequon Wastewater Treatment Facility during the first phase of development and will then be designed to direct the majority of the sewer demand to the Parkins Mill Wastewater Treatment Facility through the regional pump station design at Willow Run. FWSA has provided an approved comment for this rezoning request. Building Inspections Comment — December 22, 2008 A paragraph entitled Existing Conditions has been incorporated into the February 19, 2009 Impact Analysis Statement to acknowledge the Building Inspections comments pertaining to the demolition of existing structures on the subject properties by the Applicant. Public Works Comment — February 18, 2009 Item 1 — The Impact Analysis Statement has been revised to expand on site topography, existing on -site structures, and adjoining property use. Item 2 — The Impact Analysis Statement has been revised to expand on soil types to identify the existing karst geology and to identify narratives that will be incorporated onto the Master Development Plan to ensure the appropriate design and treatment of these conditions during site development. Item 3 — The Impact Analysis Statement provides for the phased approach for public sewer service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 4 - The Impact Analysis Statement provides for the phased approach for public water service and regional infrastructure to serve the Round Hill Community. This approach has been confirmed and approved by FCSA. Item 5 — The Impact Analysis Statement has been revised to expand upon the approach necessary to ensure water quality measures for the proposed regional storm water management system. Winchester Regional Airport Comment — December 8, 2008 The Executive Director of the Winchester Regional Airport has identified that there are no impacts and has provided an approved comment for the rezoning request. Project 49285/EAW 2 Parks and Recreation Comment — January 30, 2009 The Applicant proffered to provide a 10-acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. Parks and Recreation has recommended that a linear passive public recreational facility be established through the limits of the environmental area with trail connectivity to additional trails along the main transportation network and along Northwestern Pike. The proffer statement and GDP identify these features that will be developed for the benefit of the residents of the CCRC and owners/employees of the commercial and office land bays. and Rescue Comment — December 10. 2008 The Assistant Fire Marshal has provided an approved comment for the rezoning request. Hill Volunteer Fire and Rescue Comment — December 10. 2008 The Fire Chief has provided a comment that requests the option to obtain proffers should the fire company decide to locate on the subject property or at a different off -site location. The following comment information responds to this approach: Item 1 — The owner has proffered to design the proposed traffic signal at the Silver Lake Road intersection with preemption technology should the new fire and rescue facility be located on the subject property. Item 2 — The request to maintain the proffered traffic signal at the Poorhouse Road intersection following the relocation of Poorhouse Road can not be committed to by the Applicant as this is a VDOT decision. Item 3 — The request to have the proffered site dedicated to the Round Hill Fire and Rescue Company cannot be accomplished by the Applicant, as it is County policy to have proffers directed to Frederick County. The land dedication proffer is consistent with this policy. Item 4 — The offer to meet restrictive covenants associated with future development in the commercial portion of the project is appreciated and expected by the Applicant. Item 5 — The request to have the monetary proffers available for the development of a new fire and rescue station serving the Round Hill Community regardless of location has been provided for in the Applicant's proffer statement. It is County policy to have Project 4928S/GAW 3 monetary proffers directed to Frederick County. The monetary proffer is consistent with this policy. Item 6 — The request to have the Applicant provide water and sewer service and road access to Northwestern Pike has been provided in the Applicant's proffer statement. Item 7 — The request to have the Applicant prepare the pad site for the new fire and rescue station has not been provided. However, the Applicant's proffer statement provides for an additional $100,000.00 for the new fire and rescue facility serving the Round Hill Community should it be decided to be developed off -site. Therefore, this additional monetary contribution could be utilized for this pad site development if necessary. Historic Resources Advisory Board Comment — January 26, 2009 The HRAB recommended that the Applicant proffer a tree save area along the perimeter of the subject properties to protect the viewshed of the Second Winchester core battlefield area and historic sites. The County Zoning Ordinance provides a waiver provision to utilize stands of mature woodlands to accomplish required buffers and screening, which would be the case with this development. The Applicant's proffer commits to requesting this waiver that will accomplish the tree save area during consideration of the Master Development Plan for this project. County Attorney Comment — February 13, 2009 Item 1 — The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52-A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 — The proffer statement has been modified to exclude MS District uses that are not allowed in the CCRC. Item 3 — The proffer statement has been modified to eliminate the contradiction with access drive encroachment through the 50-foot green strip. Item 4 — The proffer statement has been revised to define the timing for the installation of the trail system and street trees along Northwestern Pike. Item 5 — The proffer statement provides a timing mechanism for the construction of the 10-foot asphalt pedestrian and bicycle trail. The commitment for construction is consistent with the completion of all proffered road improvements within the first Project 49285/EAW 4 transportation phase of the project, although the proffer allows for this improvement to occur prior to the completion of the improvements within this transportation phase. Item 6 — Comment noted. The VDOT has conducted extension analysis of the TIA as part of the 527 Review Process and has provided a comment stating that they are satisfied the proposed proffers address all concerns with this rezoning request. Item 7 — The proffered GDP identifies Spinning Wheel Lane as the only road system providing access to the project site during the first transportation phase; therefore, this road has to be in place to serve any initial development phase should it be commercial or CCRC. Proffer sections D(2)(e) and D(2)(f) provide additional assurance that Spinning Wheel Lane will be constructed as permitted land uses cannot obtain occupancy permits until the road improvement, including improvements on Northwestern Pike. Item 8 — This proffer is a safeguard to ensure that off -site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 9 — This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 10 — Proffer Section D(2)(e) has been revised to incorporate the language suggested in this comment. Item 11 — This proffer has been determined to be acceptable by VDOT. The Planning Department has commented that the Comprehensive Policy Plan recommends that the entire section of Spinning Wheel Lane should be developed as a four lane divided median section. The Applicant has agreed to the divided median section along the first segment of this road as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. Item 12 — Proffer Section D(2)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 13 — Proffer Section D(3)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. The traffic signalization agreement or installation has to occur by the end of this construction phase; however, this timing is proffered to be accelerated if a land use is proposed, which is dependent upon Silver Lake Road for access to Northwestern Pike. Project 4928S/EAW 5 0 • Item 14 - This proffer is a safeguard to ensure that off -site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 15 - This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 16 — Proffer Section D(3)(d) has been revised to incorporate the language suggested in this comment. The trigger for construction of Silver Lake Road has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 17 - This proffer has been determined to be acceptable by both VDOT and the County Transportation Planner. Item 18 - Proffer Section D(3)(i) has been revised to incorporate the language suggested in this comment. The timing of the monetary contribution has been determined to be acceptable by both VDOT and the County Transportation Planner. This proffer section has been revised to provide the timing obligation as suggested. Item 19 - Proffer Section D(4)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 20 - This proffer is a safeguard to ensure that off -site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 21 - Proffer Section D(4)(c) has been revised to incorporate the language suggested in this comment. Item 22 — The turn lane construction reflects language suggested by VDOT, which has been determined to be acceptable to the County Transportation Planner. Proffer D(4)(d) has been revised to incorporate the language suggested in this comment. Item 23 - Proffer Section D(5)(a) has been revised to provide clarity for the allowance of development of both commercial and office land use within this transportation phase. The development within this transportation phase cannot be exceeded until all proffered road improvements are constructed. Item 24 - This proffer is a safeguard to ensure that off -site right-of-way improvements can be delivered, which will most likely not be necessary to implement. Item 25 - Proffer Section D(5)(c) has been revised to incorporate the language suggested in this comment. Item 26 — The spelling error in Proffer Section D(6) has been revised. Project 4928S/EAW 6 Item 27 — The 3-4 acre site has been made available for the location of a new fire and rescue station for the Round Hill Community. In the event that this site is ultimately not utilized for that purpose, it will be used for economic development purposes. Item 28 — The Applicant has had discussions with decision makers regarding the timing mechanism for the $1,000,000.00 monetary contribution. It was determined that this payment would be of greater benefit to the County as a lump sum payment instead of at the time of building permit issuance for the residential land uses within the CCRC. Therefore, this time period for the lump sum payment was agreed to by the Applicant to provide these funds to the County sooner. Item 29 — Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. Count.. Transportation Planner Comment — February 18, 2009 Item 1 — The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10-feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 - Proffer Sections D(2)(a), D(2)(h), D(3)(a), D(3)(d), D(3)(e), D(3)(g), D(3)(h), D(4)(a), D(4)(c), D(4)(d), D(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 3 — Proffer Section D(2)(f) has been revised to include language requiring the raised median section northeast of the roundabout to transition into the final segment of Spinning Wheel Lane. The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10-foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Project 4928S/EAW 7 0 . Item 4 — Future site plans will address this matter and will incorporate required design elements into their plans as a condition of approval. Item 5 - Proffer Sections D(2)(a), D(2)(h), D(3)(a), D(3)(d), D(3)(e), D(3)(g), D(3)(h), D(4)(a), D(4)(c), D(4)(d), D(5)(a), D(5)(c), and D(5)(d) have been revised to incorporate the language suggested in this comment. Item 6 - Proffer Sections D(1), D(2)(d), D(2)(e), D(2)(f), D(2)(g), D(2)(h)D(3)(c), D(3)(d), D(3)(e), D(3)(f), D(3)(g), D(3)(h), D(4)(c), D(4)(d), D(5)(c), D(5)(d), and E(3) have been revised to incorporate the language suggested in this comment. Item 7 - Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. County Planner Comments — February 18, 2009 General Item 1 — The Applicant has recorded a Boundary Line Adjustment Plat, which establishes the precise boundary of the proposed MS District zoning designation on tax parcel 52-A- 50. The remaining four parcels establish the precise boundary of the proposed B2 District zoning designation. The Applicant's rezoning application, impact statement and proffer statement identifies these parcels and their proposed zoning designation. Item 2 — All required application materials have been incorporated into the filing packet. Item 3 — The appropriate application fee has been provided. Land Use Item 1 - Our team has had several meetings with the FCSA Director and staff to discuss various matters to ensure that regional water and sewer demands are met for this project, as well as future development within the Round Hill Community. Detailed analysis of the water and sanitary sewer needs in this region have been accomplished to determine appropriate source, capacities, sizing and routing for the public water and sewer infrastructure. The Applicant has agreed to install water and sewer lines that are oversized for their needs to accommodate the future develop needs of the community and have agreed to an approach that will utilize and expand existing infrastructure for the first development phase and install the oversized infrastructure to accommodate the future phases. FCSA has provided an approved comment for this rezoning request. Project 49285/EAW 8 0 • Item 2 — The Proffer Statement has incorporated several of the design elements for the commercial properties that adjoin Northwestern Pike. Proffer Sections D(2)(d) and D(3)(c) have provided for pedestrian actualization for the proposed traffic signals; Proffer Section C(5) provides for inter -parcel connectors for adjoining commercial sites; and Proffer C(3) includes ornamental shrubs within the green strip enhancement along the property frontage with Northwestern Pike. Proffer Section C(2) prohibits individual full service commercial entrances along Northwestern Pike; however, flexibility remains to allow VDOT and Frederick County to permit right -in or right -out entrances if the design is appropriate. The Applicant does not agree with the recommendation to place parking in the rear of the commercial buildings. This design element does not appeal to commercial and office end users and may place this project in a competitive disadvantage if this was to occur. The Applicant envisions commercial, office, and medical uses in a campus setting such as those like Shenandoah University, Winchester Medical Center, and Creekside Village, as well as potential larger commercial footprints. None of these land use examples design parking behind their frontages. Item 3 - The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10-foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 — The GDP has been modified to expand the passive open space area and to provide a 10-foot wide asphalt pedestrian and bicycle facility that connect to the trail systems planned along Spinning Wheel lane and Northwestern Pike. The existing pond area on the north side of Spinning Wheel Lane is planned to be incorporated into the CCRC design, which is desired to be separate from the passive open space area. Transportation Item 1 - The GDP has been revised to implement a complete system of asphalt bicycle and pedestrian trails that are 10-feet in width, which includes a contiguous trail system along the Northwestern Pike frontage. Proffer Section C(6) has been established to identify the construction phases in which this trail system will be implemented. Item 2 - Proffer Section C(5) provides for inter -parcel connectors for adjoining commercial sites. Project 4928S/EAW 9 Item 3 - The Applicant has agreed to the divided median section along the first segment of Spinning Wheel Lane as there will be significant development activity along this section; therefore, controlled left turning movements and access management are important. However, the remaining section of this road will only have two entrances on the north side and limited entrances on the south side due to site topography, which limits extensive development along this segment. Additionally, the four lane urban section that is proposed for this remaining section of the road is consistent with the section of Petticoat Gap Lane that this road will join. The GDP has been revised to provide for the 10-foot wide asphalt bicycle and pedestrian facility along the entire length of Spinning Wheel Lane. Item 4 — A raised median design is proffered at the intersection of Silver Lake Road and Northwestern Pike. The design plans for that improvement will provide for a pedestrian refuge area if permitted by VDOT. Item 5 - Proffer Section D(5)(a) has been revised to provide requirements for additional traffic impact analysis for each site plan that exceeds the proffered maximum development in the final transportation phase. The potential land uses that would exceed this maximum development will be required to implement any additional improvements to the transportation network based on the impacts created by that land use as a condition of site plan approval. This language has been determined to be appropriate by VDOT and the County Transportation Planner. Item 6 — Proffer Section B(4) has been provided to clarify that the CCRC will utilize Spinning Wheel Lane for access and that the CCRC will have a maximum of two commercial entrances along Spinning Wheel Lane. Item 7 — The Applicant's transportation proffers implement everything identified in the Comprehensive Policy Plan, as well as all modeled improvements in the traffic impact analysis. The Applicant's proffer statement has been recommended for approval by VDOT due to its significance in addressing regional transportation matters. Traffic Impact Analysis Statements are required to model far into the future and include background projects that for the most part will not contribute to regional transportation improvements. The traffic study for this project demonstrates areas primarily at the Route 37 interchange that are less than a LOS C; however, it should be recognized that this rezoning proposal does more than its fair share of mitigating traffic impacts that are not completely created by this project. Item 8 — The Applicants have been in active discussions with the adjoining property owner that controls the ability to provide for Option 1 for the relocation of Poorhouse Road. These discussions have been very positive and the adjoining property owner has advised that the proposed alignment identified on the GDP is acceptable. The Applicants will continue to work with the adjoining property owner to reach an agreement prior to the phase in which this relocation is required; however, Option 2 will be executed if an agreement is not reached. In either event, the Applicant has the ability to relocate Project 4928S/EAW 10 Poorhouse Road prior to the location in which the current geometric alignment is problematic. Proffer Statement Item 1 — Proffer Section E(2) provides the $1,000,000.00 monetary contribution for the new fire and rescue facility serving the Round Hill Community to Frederick County. Item 2 — The commercial aspect of this project will provide a significant amount of revenue to Frederick County that will more than accommodate impacts to County services. The CCRC impact to fire and rescue services is more than satisfied by the $1,000,000.00 monetary contribution for the new fire and rescue facility, of which the monetary contribution will be provided well in advance of the CCRC impact being developed. The CCRC population is fairly elderly with the average entry age of residents in their late 60s and early 70s. The CCRC is planned to be developed with a wellness center and other on -site amenities that cater to the needs of the residents; therefore, the impact of the CCRC to general County services is not an apple -to -apple comparison with a 55 and older age -restricted community. The monetary proffers provided by this project are more than satisfactory to mitigate the fiscal impacts to County services that will be required by this project. Other - Item 1 — Environmental feature areas have been considered with this development proposal. The passive open space area will protect the majority of the floodplain and wetland area, and the proffer statement commits to requesting a woodlands preservation area to implement buffer requirements during the Master Development Plan process. The CCRC is being designed to preserve woodland areas to reduce site development costs associated with grading activities. The main campus area of the CCRC is designed as a compact development that needs to be fairly level to accommodate the older population; however, the site plan design will attempt to preserve features to the extend possible. Item 2 — There is no evidence that the former large brick residence is historic and aerial photography evidence indicates that this structure has been dilapidated since 1950. The remains of this house, as well as the existing rental residences and former radio station facility are planned for removal during the development of this project to accommodate the construction of internal road systems and commercial and office land bays. The Applicants do not desire to spend money to have an architectural historian catalog this former residence, but would be willing to give the County permission to do so if another funding source for this work was available. Item 3 - The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Project 49285/EAW 11 Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. I hope that this comprehensive comment response letter for all review agency comments is beneficial in explaining the information that has been incorporated into this project, as well as the reasons for exclusion of some of these matters. It should be apparent that the Applicants have made a significant effort in incorporating the majority of these suggestions into the development information and development program that will provide for a superior project for Frederick County and the Round Hill Community. Please do not hesitate to contact me if you have any questions regarding this information, or if I may provide you with any additional information at this time. Sincerely, EvanC�yatt, AIC Greenway Engineering Cc: Silver Lake, LLC James Vickers, Oakcrest Companies Kristina Hughes, National Lutheran Home Review Agencies Project 4928S/EAW 12 0 TO: Evan Wyatt, AICP F11OM: Michael T. Ruddy, AICP �. Deputy Director RE: Rezoning Comments — Silver Lake. DATE: February 18, 2009 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665.5651 FAX: 540/665.6395 The following comments are. offered regarding the Silver Lake Conditional Rezoning Application. This is a request to rezone 370 acres from RA to B2 (238.96 acres) and'MS (131.06 acres) with Proffers. The review is generally based upon the latest proffer statement dated January 27, 2009 and the originally submitted Impact Analysis, including a TIA dated November 25, 2008. Please consider the continents as you continue your work preparing the application for submission to Frederick County. On February 17, 2009, an updated version of the Proffer Statement with a revision date of February 16, 2009 was received that sought to further address the various continents and discussions previously received from the reviewing entities. It is recognized that this latest revision continues to address those comments provided in a positive manner.. This review letter does not address those previous comments, only those items that warrant further consideration and incorporation into the rezoning application as currently presented. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1. Please provide a Plat of rezoning including a metes and bounds description of the property. The acreage of the B2 and MS areas should be added within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with application including the current parcel plat and deed information and tax information. 1.07 North lent Street, Suite 202 = Winc.lheste.r, Virginia 22601-5000 Silver Lake Rezoning Comments )February 18, 2009 Page 2 The submission fee for this application would total $36,000.00, based upon acreage of 370 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and location of the property. Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed land uses are supported by the Comprehensive Plan. 1. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Please confirm that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. This may also be achieved within the proffer statement. 2. The Round IIill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles Tor the Round Hill Route 50 Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and several could be further addressed in the proffer statement. These include: • Crosswalks at signalized intersections, with signals for pedestrians. • Interparcel connectors. • Commercial entrance spacing — Commercial entrances are strongly discouraged on Route 50. • Placement of buildings close to Route 50 with landscaped parking lots in the rear. • North side of Route 50; 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike trail, ornamental shrubs and street trees along Route 50. Recently, several rezoning applications have addressed the above in some form. The WWW and Botanical Square rezoning requests may provide some additional guidance and consistency in how this corridor has been previously addressed. I would be able to provide you with the proffers from these rezoning .if you would. like. Silver Lake Rezoning Comments February 18, 2009 Page 3 3. The Round Hill Land Use Plan identifies this area .for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and colulectivity between development and common green space gathering areas. To that end, street trees along the major thoroughfares within the project should be a consideration, the ten foot multiuse trail should be extended along the length of Spinning Wheel Lane, and the U41) typical section should be extended along the length of Spinning Wheel Lane with the use of a landscaped median. The Round Dill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. It would be preferable to provide the centre two lanes and median with the initial phase of construction of the section of Spinning Wheel Lane that is not initially constructed as a U41) section. Alternately, the two lanes adjacent to the MS zoned land bay could be completed initially, with the additional two lanes adjacent to the B2 land bay, and south of a landscaped median, constructed in later phases. The application should also provided for the extension of the 10' asphalt trail located within the linear area of open space into the internal system of the area of MS to provide for access by the future residents and employees of the CCRC. 4. The Round Hill Land Use Plan recommends that a new.park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater` area for the park. The GDP be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation "These transportation comments should be considered in addition to any final comments that will be forthcoming from John Bishop, County Transportation. In many cases they simply reiterate those conunents provided by Mr. Bishop. 1. I.t is recommended that the trail improvements are provided during the initial phase of development rather than on an individual parcel basis. Key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. 0 . Silver Lake Rezoning Comments February 18, 2009 Page 4 2. Interparcel connectivity should be provided on each commercial lot within the B2 section as development occurs. Such a commitment should be incorporated into the proffer statement, potentially Section C. 3. The east west collector road (Spinning Wheel Lane) is comprehensively planned as a IAD. Improvements should reflect this designation throughout this project. 4. A median or pedestrian refuge should be provided with the Silver Lake Road improvements at a minimum at its intersection with Route 50 to assist with the crossing of Silver Lake Road. The TIA projects the build out of this project within 4 phases. However, there is no limitation on development beyond the 4th phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant may want to consider an approach that places a limitation on the ultimate development of the site consistent with the limitations of the transportation network and water and sewer infrastructure modeled in the impact analysis. Please note that the TIA identifies and models a lower number of units for the CCRC than would be permitted by the proffered CCRC density limits. 6. Many of the transportation infi•astructure improvements identified in the initial phase should be in place to serve the initial development of the site which is anticipated to be the CCRC. Please clarify that the initial access to the CCRC will use Spinning Wheel Lane via the Spinning Wheel Lane improvements identified in the Phase 1 program. A commitment to a maximum of two entrances onto Spinning Wheel Lane for file development within the MS portion of the property may also be appropriate. 7. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However; it should be noted that the TIA concludes that several locations would fiinction at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project. and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. Of the two alternatives for the potential .realignment of Poorhouse Road, Option 1 would be the most preferable. Consideration of how such an improvement could be implemented is warranted. Silver Lake Rezoning Comments February 18, .2009 Page 5 Proffer Statement This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. It is the County's policy when accepting monetary contributions to address fire and rescue impacts that the language of the proffer should read "monetary contribution to Frederick County for fire and rescue purposes". 2. The development of this site will have an impact on community facilities and services. However, it is recognized that conunercial uses generally provide a positive impact on corrununity facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As .presented, this application does not. provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent Nvith the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Other This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of .proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. Silver Lake Rezoning Comments February 18, 2009 Page 6 As in other similar situations, a survey may be warranted in an effort to catalog this potentially historic resource. The house is located in the vicinity of the extension of Silver Lake Road and is shown on older aerial photographs of the property. 3. Please recognize that the adjoining property to the north contains the National Fruit lagoon and waste water, treatment facility. Appropriate measures should be taken to ensure that this facility would not impact or be impacted by the development of this project. MTR/bad COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 18, 2009 Mr. Evan Wyatt, Planning Director Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Silver Lake Dear Mr. Wyatt: This letter is to give preliminary comment on the transportation proffers dated February 16, 2009 for the Silver Lake rezoning to aid you in completing the rezoning application. I would like to thank you for the numerous opportunities we have had to meet on this proffer package and how responsive you and your client have been as issues have arisen. I have the following comments to offer on the proffer package as it relates to transportation: In proffer 3 on page 3, the proffer indicates that the bicycle trail would be put in place with each individual site plan. Due to the long tern] nature of this development and anticipated subdivision of the parcels, it would be preferable if another method for implementation of this improvennent was used. One option may be to tie the implementation of the trails to related phases of the main transportation package. Additionally, it would be preferable if, when planning the trail, the trail was routed around properties not controlled by the applicant in order to put a complete system in place, as opposed to segments with numerous dead ends along Route 50. 2. Proffer 2=a on page 4 is as follows: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180.000 square feet of commercial land use within Phase I. However, the Applicant can deviate from this land use tnix assuming the total trip generation for site plaits within this phase of the transportation prograin (based oft the ITE ;�h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffrc.ltnpact Anahysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase I transportation improvements prior to tine approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. 107 north Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 E Mr. Evan Wyatt RE: Silver Lake February 18, 2009 Page 2 I would recommend the additions I have notated by underlining. This comment also applies to similar language used in all phases. Proffer 2-f on page 5 calls for a four -lane divided Spinning Wheel Lane from Route 50 to the intersection with Silver Lake Drive and a two-lane section from Silver Lake Drive to the property line. Please note that, at a minimum, a median section will be needed at the begiwvng of the two-lane segment to allow for transition. I would further note that the Round ]-Iill Land Use Plan calls for this roadway to be a four -lane divided section with landscaped median and bicycle and pedestrian facilities along its entire length. 4. As this property and its transportation improvements develop, it will be important that proper pedestrian/bicycle crossings are incorporated and that site developments tie their individual pedestrian and bicycle accommodations into the surrounding network. Proffer 2-h on page 6. 1 offer the same comment regarding trip generation as is noted. in comment # 2 in this letter. Since each transportation proffer phase begins with language that allows a certain square footage or equivalent trip generation, this language needs to be applied to all subsequent bullets that include the square footage triggers in their language. 6. All points within the proffers that refer to the construction of an improvement should also refer to the design of the improvement for full clarity. 7. Proffer 5-a should note that, in addition to doing the TIA studying the impacts of additional development, the applicant will implement improvements called for in said TIA. Thank you for the opportunity to comment on these proffers. Please call me at (540) 665-5651 if you have any questions, or to discuss this proposed project. Sincerely, .� John A. Bishop, tAICP Deputy Director - Tiansl ortation JAB/bad 0 0 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us February 13, 2009 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Silver Lake Revised Proffer Statement dated January 27, 2009 Dear Evan: I have reviewed the above -referenced proposed Proffer Statement dated January 27, 2009. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following: 1. Proffer Al — The GDP, or some other document, is going to need to show the precise boundaries of the requested zoning classifications, either through use of current lot lines or surveyed divisions of current lots, or by some combination of the two. The Application and the Proffer Statement both indicate rather specific acreages requested to be rezoned to the B2 and MS Districts (238.96± acres and 131.06± acres, respectively) and these specific numbers need to be translated over to some geographic format that establishes the requisite definiteness to avoid gt.estior:s later about whether a particular activity is allowed at a particular location. See Va. Code § 15.2-2285(A). 2. Proffer B 1 —The proffer might clarify by stating that uses in the proposed MS District area other than a CCRC will be excluded. 3. Proffers C2 and C3 — Proffer C2 states, "right -in or right -out only access to the B2 District land uses shall be permitted", yet C3 states, "Parking lots and access drives shall be prohibited within the 50-foot green strip [along Northwestern Pike]". Seeing as how the proposed rezoning would result in B2 District zoning abutting Northwestern Pike, Proffer C2 might better read, to eliminate any contradiction, by indicating that right -in or right -out shall be permitted except through the 50-foot green strip along Northwestern Pike. 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICP 0 • February 13, 2009 Page 2 4. Proffer C3 — The wording in the last sentence regarding the timing of the installation of street trees and trails — "during the development of the first building permit for that parcel" — is unclear and should be revised. A reference point such as issuance of the first building or occupancy permit might be more appropriate. 5. Proffer C4 — The proffer might read more clearly if it indicated at what stage of the build out of the commercial development permitted under the Phase 1 Transportation Program the Applicant will complete the trail system. 6. Proffer D 1 —The TIA was not included in the package of materials submitted to me. This is not a requirement, but I may offer comments at a later date regarding any inconsistencies between improvements assumed in the TIA and improvements actually required by the proffers. 7. Proffer D2 — Staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than 180,000 square feet of commercial land use to completion of any of the Phase 1 Transportation Program. Also, some parts of Proffer D2 may conflict with the requirement for the completion of the Phase 1 Transportation Program. For example, items e and f are both contingent on issuance of occupancy permits for land utilizing Spinning Wheel Lane for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the first 180,000 square feet of commercial land use. 8. Proffer D2b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D2a. 9. Proffer D2d — Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 10. Proffer D2e — The GDP shows an eastbound left turn lane and a westbound left turn lane on Northwestern Pike at Spinning Wheel Lane, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. 11. Proffer D2f — Staff will need to determine if the triggers for the dedication and construction are acceptable. 12. Proffer D2i — In the second sentence, "this section' might better read as '`that section". Finally, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. 13. Proffer D3a — The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffer D2, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 2 Transportation Program. As well, some parts of Proffer D3 may conflict with the requirement for the completion of the Phase 2 Transportation Program. For example, item c is contingent on issuance of an occupancy permit for land utilizing Silver Lake Evan W AICP • • Mi . Wyatt, February 13, 2009 Page 3 Road for access to Northwestern Pike. It is possible that no such permits will be sought in conjunction with the square footages of commercial/office land use in Phase 2. 14. Proffer D3b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D3a. 15. Proffer D3c — Staff will need to determine if the provision for the preemption of the signalization agreement is acceptable. 16. Proffer D3d — Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, the GDP shows an eastbound left turn lane and a westbound left turn lane on Northwestern Pike at Silver Lake Road, but the proffer refers to a singular left turn lane. This apparent conflict should be resolved. Finally, staff will need to determine if the trigger for the construction of Silver Lake Road is acceptable. 17. Proffer D3e — Staff will need to determine if the trigger for the construction of Spinning Wheel Lane is acceptable. 18. Proffer D3i — In the fifth line, it appears that "improvements" should be plural and, in the seventh line, it appears that "this section" should be "those sections". Also, staff will need to determine if the timing of the monetary contribution is consistent with the general timing of the obligations in the whole of Proffer D2. Finally, the timing of the obligation in the second paragraph should be set out. 19. Proffer D4a — The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include "office" might be in order. Also, as with Proffers D2 and D3, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 3 Transportation Program. 20. Proffer D4b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D4a. 21. Proffer D4c — The proffer refers to a second right turn lane at the intersection of Spinning Wheel Lane and Northwestern Pike, but the GDP does not indicate the right turn lane and the proffer does not indicate whether the right turn lane would be on Spinning Wheel Lane or Northwestern Pike. 22. Proffer D4d — Staff should be aware that the Applicant has deleted the requirement for left and right turn lanes on Silver Lake Road at internal collector street intersections. Also, regarding the second option, staff should be aware that the proffer states that the Applicant "shall provide" the indicated road connection, but does not state that the Applicant "shall construct" it. 23. Proffer D5a — The proffer distinguishes between "commercial" land use and "office" land use, though it would seem that an "office" use is within the realm of a "commercial" use. A clarification that "commercial" in this context does not include Mr. Evan Wyatt, AICP February 13, 2009 Page 4 "office" might be in order. Also, as with Proffers D2, D3, and D4, staff should be aware that the proffers do not actually tie development of the CCRC or the development of less than the indicated square footages of commercial/office land use to completion of any of the Phase 4 Transportation Program. 24. Proffer D5b — The proffer might better state a specific triggering event for the dedication, such as one that parallels the provisions of Proffer D5a. 25. Proffer D5c — The proffer refers to a second left turn lane at the intersection of Silver Lake Road and Northwestern Pike, but the GDP does not indicate the left turn lane and the proffer does not indicate whether the left turn lane would be on Silver Lake Road or Northwestern Pike. 26. Proffer D6 — In the third line, "Land" should be "Lane". 27. Proffer El — Staff should be aware that the proffer, in the last sentence, contains a reversion provision. 28. Proffer E2 — Staff should be aware that, in the event the County desires to begin construction of the fire and rescue station sooner than within five years of the rezoning, the monetary contribution is not payable until the end of the five year period. 29. As a general comment for staff, I would note that, with respect to the proposed B2 District area, which is comprised of 238.96± acres, the applicant does not propose any limits on the overall square footage of development nor does the applicant propose the exclusion of any particular B2 uses. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. 4Sincereyours B. illiams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development K- 0 a.I M#*...108. nst�0 J...� • . (:4d . P.O. Box 1368 Winchester, Virginia 540-667-6855 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Chester T. Lauck 3661 North Frederick Pike Winchester, Virginia 22603 Dear Mr. Wyatt, December 10, 2008 I have reviewed the proffer statement from Silver Lake, LLC for the properties of the Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community. I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we can not do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost be bourn by the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Rd. and Northwestern Pike not be removed after the relocation of Poor House Rd. to allow us quicker and safer access to Northwestern Pike and points north and west. Proudly Serving the Community since 1953 0 0 c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for it use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick, are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The: developer assist or conplete all site preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Evan, I look forward to working with yourself and Silver Lake Properties on this project and hope that we can find a means to make this work for all of the community. Thanks <<<original signed>>> Chester Lauck Fire Chief Proudly Serving the Community since 1953 Silver Lake Property, LLC - V0T Comments to Rezoning Page 1 of I Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew.Smith @vdot.virginia.gov] Sent: Thursday, February 19, 2009 3:33 PM To: Evan Wyatt Cc: Smith, Matthew, P.E.; John Bishop; Hoffman, Gregory; mruddy@co.frederick.va.us; Copp, Jerry Subject: Silver Lake Property, LLC - VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address 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. Matthew B. Smith, P.E. Residence Staff Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 2/19/2009 P jiX i i'um 0 0 Control number RZOO--0020 Project Name Silver Lake, LLC Property Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Date received 12/10/2008 Emergency Vehicle Access Comments Access Comments Additional Comments City Winchester Tax ID Number 52-A-C, etc. Date reviewed 12/11 /2008 Applicant Greenway Engineering State Zip VA 22602 Fire District 15 Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-4185 Rescue District 15 Election District Gainesboro Residential Sprinkler System No Fire Lane Required No Special Hazards No RECEIVED DEC 12 2008 GREENWAY ENGINEERING Plan Approval Recommended Reviewed By Signature 44�!.to�-q Yes J. Neal Title February 18, 2009 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Silver Lake, LLC Property Rezoning Frederick County, Virginia Dear Evan: COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed Silver Lake rezoning application and offer the following comments: Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 107 North Kent Street • Winchester, Virginia 22601-5000 r. Silver Lake, LLC Rezoning Page 2 February 18, 2009 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and/or pollutants directly into the underlying groundwater system. The concentration of runoff may also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, HarveY rawsn Y E. `� der, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file T:\i-sai-geiit\Rlionda\TEMPCOMMENTS\SILVERLAKELLCREZCOM.doe ' 0 0 Rezoning Comments Frederick County Department of Inspections Mail to: Frederick County Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5656 Hand deliver to: Frederick County Dept. of Inspections Attn: Director of Inspections County Administration Bldg., 4a' Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill: out the infozrriadon. as accurately as possible in order to assist the-. Department of Inspections with their review, Attach .a copy of yoiir application for�ri, location map, proffer statement, impact analysis, and any other_pertineiit information Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District & B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Department of Inspection's Comments: Public Works Signature & Date: Notice to Department of p4ections — Please Return, %his Form to the Applicant 0 Existing structures require a asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. 0 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 pertiiientinformation. Applicant's Name: GreenwayEngineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District & B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Sanitation Authority Comments: Sanatation Authority Signature & Dater" Notice to Sanitation Authof°it — Please Return This Form to the Applicant E(`,'-3#` EI V'Er,-,-- D DEC 0 0 2008 gcl-n5 GREENWAY ENGINEERING Rezoning Comments • ....., anti.......saa........,..a.wwUm"L'..aleu.,...v' .w.ti .... ,.._ ,Y ......_. s . ,�c,<.�.... ....a..... .. ,....u.. «........ uw _. _ .. �. ....., wuwu�. 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 -Wine 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, prof er statement, and any other pertinent information Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: North side of Northwestern Pike Boulevard; and East of Poorhouse Road (Route 654). Telephone: 540-662-4185 .S. Route 50 West): West of Retail Current zoning: RA District Zoning requested: MS District & B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Fred-Winc Service Authority's Comments: l fr eov"Yl o1, dq Fred- Wine Service Authority's U, Signature & Date: Notice to Fred-Winc Service DEC 1 9 2008 GREENWAY ENGINEERING 12-1to1C orm to the Applicant w� Rezoning Comments n Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia, 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the of Parks & Recreation with their review. Attach a cnpy of your application form, Department location map, proffer statement, impact analysis; and any other pertinent information: Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Northwestern Pike (U.S. Route 50 West), West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District & B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Department of Parks & Recreation Comments: See Comments Attached Pks. & Rec. Signature & Date: see Attached Notice to Department of Park s& Recreation — Please Return This Form to the Applicant 4 Silver Lakes, LLC Property Rezoning January 30, 2009 The applicant has proposed to proffer a ten (10) acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05-06 Round Hill Center refers to a "new park in the area of the large pond", the usable acreage proffered is not consistent with the Parks and Recreation Departments Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten (10) acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrian/bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike/Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (C.C.R.C) for those residents. Matthew G. Hott, 9uperintendent of Parks 0 COUNTY of FRRDRRICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 26, 2009 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 RE: Application Requesting a Rezoning of 370+ Acres from RA to MS and B2 for a Continuing Care Retirement Community Location: 2094 Northwestern ,Pike, Winchester, VA Property Identification Numbers (PINs): 52-A-C, 52-A-50, 52-A-50A, 52-A-52, 52-A-63 Current Zoning District: RA (Rural Areal Dear Mr, Wyatt: The Frederick County Historie Resources Advisory Board (HR:,`, .) considered the above referenced rezoning proposal during their meeting on Januar y 13, 2009. The 1iRAB reviewed, lllformaticn associated with the Frederick County Rut:al Landmarks Survey _r.eoort, the Virginia Depart -men! of F+istoric Resources, as well as information provided by Dewbe.ffy ;,flglneerlr[gJ, Historic Resources Advison, Board Concerns The proposal seeks" to rezone 370 acres of land froina RA (R-i.fral Areas) District to the MS (Medical Support) District and the B2 (Business General; District for Com-lercial and Continuing Carey Retirement Community (CCRC) uses. The site i.s'.ocated on the north side of Nort.hwesmnn Pike (Route 50 West); eves( of Retail Boulevard. anc! ea..,t of Poorhouse road (Route 654). The Study of ail War Sites in the Shenandoah Vali_�, pt:blisined by the Pat-k SelA-lee. identifies the Silver Lake, LLC. Property as being located. wit .in the' study area 6f the Second Battle of Winchester acid is located adj acerit to the core Battle -Held area:. In addition. the Rural Landmarks Survev Resort for Frederick County, Virginia, idc�,tities th ee structures listed as potentially significant within the immediate area of the subject , te. The sites that are listed in the survey are: • Hodgson House (43z?.-93) • Wal-aul Grove. (434-98) • Aspen Shade (434-95) - • Allner-Hodgson House (434-94) 107 North Kent Street, Suite.202 • Winchester, Virginia 2260i-5000 Mr. Evan Wyatt RE: Rezoning of 370+ Acres from RA to MS and B2 for a Continuing Care Retirement Community January 26, 2009 Page 2 After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Please contact me with any questions concerning these comments from the HRAB. Sincerely, / \y Amber Powers HRAB Staff ALP/bad cc: Rhoda Kriz, HRAB Chair W w Rezoning Comments • • 7111-1111"111 ,,�.._-, _.,.... ..�+..,..,.... r_ ,__.. .. _.wa_...� .�,..�... ..,... M. .,.. �„S2u»,_.��.........z�.`�' Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order toassist the Winchester Regional Airport with their review. Attach a copy of application form, location map, proffer statement, impact analysis, and any other pertinent inforrriation.:' Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poorhouse Road (Route 654). Current zoning: RA District Zoning requested: MS District & B2 District Acreage: 370.02± acres (131.06± acres MS District; 238.96± acres B2 District) Winchester Regional Airport's Comments: Winchester Regional Airport's �����(� �� A I a\ � 0� Signature & Date: Notice to Winchester Regional Airport — Please Return This Form to the Applicant WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / December 8, 2008 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comments Silver Lake, LLC Route 50 West Gainesboro Magisterial District Dear Mr. Wyatt: The proposed rezoning request for the referenced property lies outside of the Part 77 close in surfaces of the Winchester Regional Airport therefore proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Thank you for providing us the opportunity to review these plans and for supporting the operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director G ENGINEERING U.S. RTE. 50 WEST (NORTHWESTERN PIKE) SIGNALIZED INTERSECTION EXCEPTION Silver Lake, LLC Property Frederick County, Virginia Tax Parcels 52-((A))-C; 52-((A))-50A; 52-((A))-52; 52-((A))-63 & 53-((A))-69 November 25, 2008 Prepared For: Virginia Department of Transportation County of Frederick, Virginia Contact Person: Evan Wyatt, AICP C) GREENWAY ENGINEERING 151 Windy Bill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers FAX �i40-722-9528 Surveyors www.greenwaye ng.corn Summary The 2007 General Assembly approved legislation that implemented access management regulations and standards to improve the performance of existing road networks and enhance safety while maintaining the ability of private properties to have reasonable access to state maintained highways. These new access management regulations and standards were implemented by the Virginia Department of Transportation on July 1, 2008. Chapter 72 Access Management Regulations: Principal Arterials provides for an appeal and exception procedure as specified in Section 24VAC30-72-50 of this chapter. The information and exhibits in this report have been prepared for consideration of an exception to signalized intersection spacing standards along Northwestern Pike (U.S. Route 50 West) in Frederick County, Virginia. Justification Comprehensive Policy Plan The Frederick County Board of Supervisors adopted amendments to the Comprehensive Policy Plan - Round Hill Community Land Use Plan on November 14, 2007. The amended land use plan incorporated approximately 481 acres on land into the County's development area, which recommends commercial, medical support, medical office, educational, and public land use development on the north and south sides of the Northwestern Pike (Route 50 West) corridor. Additionally, the amended Round Hill Community Land Use Plan establishes recommendations for access management along the Northwestern Pike (U.S. Route 50 West) corridor. Specifically, the County's access management language states the following; "Vehicular management access is recommended throughout the Round Hill Community center, particularly along Route 50. A six -lane arterial road should not includL multiple access points. Ideally, primary vehicular access should be limited to four signalized intersections along Route 50W with additional commercial entrances planned at appropriate intervals to facilitate safe and efficient traffic movement." The Silver Lake, LLC conceptual land use plan provides for commercial and office land use, as well as a continuing care retirement community (CCRC) that will be developed by the National Lutheran Home. The conceptual land plan provides for signalized intersection locations that are consistent with the County's Comprehensive Policy Plan. (Please refer to the Round Hill Community Land Use Plan Exhibit and the Silver Lake, LLC Development TIA Suggested Site Improvements Exhibit) Signalized Intersection I November 25, 2008 Spacing Exception i • Traffic Impact Analysis Report PHR+A has prepared a detailed traffic impact analysis (TIA) dated November 25, 2008 for the Silver Lake, LLC conceptual land use plan. This TIA includes traffic count conditions at project build out, as well as land geometry and level of service information including weekday and Saturday peak hour ADT and link level of service analysis for the Northwestern Pike (U.S. Route 50 West) mainline. The detailed signalization analysis tables for all identified signalized intersections have also been provided as a separate report for review by VDOT. The results of this analysis concur with the signalized intersection locations specified in the County's Comprehensive Policy Plan and also identify an additional signalized intersection location necessary to maintain acceptable levels of service of the Northwestern Pike mainline and north and south side streets at these intersection locations. The TIA also identifies the need for a new east -west collector road on the north side of Northwestern Pike, which is also recommended by the County's Comprehensive Policy Plan. This parallel collector toad cyst^m wil' connect Retail Boulevard and Spinning Wheel Lane behind the Wal-Mart Center, which will redistribute traffic patterns in the area, thus creating increased capacity for the Northwester Pike corridor. (Please refer to the Round Hill Center Traffic Conditions Figure 1 Exhibit and the Round Hill Center Lane Geometry and Level of Service Figure 2 Exhibit) Silver Lake, LLC Property Site Constraints The Silver Lake properties have frontage along Northwestern Pike (U.S. Route 50 West) at three separate locations. The Silver Lake conceptual land use plan has been prepared to locate necessary signalized intersections that maximize spacing between intersections and account for topographic and environmental constraints, such as flood plain and wetlands avoidance. The location of the proposed signalized intersections provides for superior sight distance lines that exceed VDOT standards for the posted speed limits along Northwestern pike,. The following table provides for the. proposed signalized intersection locations and distances, including the necessary distance exceptions. Signalized Intersection Spacing Exception Information Intersection VDOT Spacing Requirement Approximate Spacing Between Intersections Spacing Distance Exception Poorhouse Road 2,640 LF 1,970 LF 670 LF Spinning Wheel Lane 2,640 LF 2,350 LF 290 LF Silver Lake Road 2,640 LF 2,070 LF 570 LF Signalized Intersection 2 November 25, 2008 Spacing Exception U Please refer to the Silver Lake, LLC Development TIA Suggested Site Improvements Exhibit for signalized intersection locations and topographic and environmental constraints information. Conclusion The Silver Lake, LLC properties signalized intersection spacing exception request is consistent with the Frederick County Comprehensive Policy Plan recommendations for future land use development along the Northwestern Pike (U.S. Route 50 West) corridor. The information provided in the detailed traffic impact analysis (TIA) demonstrates that the proposed signalized intersection spacing maintains acceptable levels of service on the Northwestern Pike mainline and does not create. unsafe condis:ions to the traveling public. The Silver Lake, LLC conceptual land use plan provides for appropriate locations for the proposed signalized intersections and maximizes spacing between intersections to the best of its ability. Additionally, the development of the east -west collector road paralleling Northwestern Pike will create additional capacity for the Northwestern Pike corridor. Therefore, the proposed signalized intersection spacing exception is justified and is requested to be approved by the VDOT Staunton District Administrator as submitted. Signalized Intersection Spacing Exception Accepted Signalized Intersection Spacing Exception Denied Garrett W. Moore, P.E., District Administrator Date Disclaimer: Acceptance of the signalized intersection spacing exception does not guarantee the installation of traffic signalization at these locations. Future engineering studies and traffic signal warrant analysis approval by VDOT will dictate final traffic signalization improvements at the locations identified in this report. Signalized Intersection 3 November 25, 2008 Spacing Exception • ■► J� ,f E(B)[C]# W,a *[CI(E)B� ,,4 rOEM 4r . -� [BI(B)D= _ a . 2 '. 5tgnais7a , Intersection ' auggestea Improvements" 'r LOS=A(B)[Bj' > Signalizad on FB - I Left _,�•-. 'z`,U„` WB - I Thm, I Righi SB-I Left,I Right �L � � $CBJf9J CC 3 Signalized ;^ "Nee ....- Intersection.'. Intersection" LOS B(C)[C] A 4 Signali42!41yr IntersecLOS=D(ep ;;; CD)(C) "suggested Improvements" WB -IThnt * Denotes Unsignalized Critical Movement I AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Round Hill Center: Lane Geometry and Level of Service Figure 2 (Per Round Hill Center Traffic Impact Analysis Report, dated November 25, 2008) 9 No Scale B 1ro osed New 3 Ruad Sc�6 o° - a `2 SITE 50 l 37 v D 3 G 4° ,. 50 o� 1 Unsignalized 1 Signalized "Suggested Intersection lnte echo t r ❑nprovcrnents" Signaiirdion Q' v W11, I Thm .. a t. v g '• 37 Wa 4— t �F tE(B)[C]* U waA(B)[Al' *[CI(E)B ,J -.te I am [B](B)D= , "Suggested 2 Signalized "Suggested Intersection Improvements" Signali-tion ,LOS=A(B)IB] • EB - I I,eft V IVB - I Thru I wgnt SB- ILeft,Iwglt fcj(C)Aalt 3 signalized "New 'Iniersection' . Intewcetion" LOS=B(C)[C] s, 4 Signalized 4 :Signalized .. "Suggested Intersection ,� b LOS=D(F)[D] 4 aj Intersection." ; Improvements" LOS=D(C)[D] tVB -IThru 4-C(F[c] l (Aj[6 * Denotes Unsignalized Critical Movement T T A AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Round Hill Center: Lane Geometry and Level of Service Figure 2 (per Round Hill Center Traffic Impact Analvsis Report, dated November 25, 2008 6 IMPACT ANALYSIS STATEMENT SILVER LAKE, LLC REZONING Tax Map Parcels# 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 Aggregate Area of 370.02± acres Gainesboro Magisterial District Frederick County, Virginia November 25, 2008 Revised February 19, 2009 Current Owners: Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering 0 0 Silver Lake, LLC Rezoning General Information Location: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poor IIouse Road (Route 654) Magisterial District: Tax Map Parcel Numbers Current Zoning: Current Use: Gainesboro Magisterial District 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 RA, Rural Areas District Residential, Radio Station, Agricultural, and Unimproved Proposed Zoning: MS, Medical Support District — TM 52-((A))-50 B2, Business General District — TM 52-((A))-C; 52-((A))-50A; 52-((A))-52 & 52-((A))-63 Proposed Use: Continuing Care Retirement Community Retail, Commercial and Office Total Area: 370.02± acres COMPREHENSIVE POLICY PLAN The Frederick County Board of Supervisors adopted revisions to the Round IIill Community Land Use Plan on November 17, 2007. This Comprehensive Policy Plan amendment incorporated approximately 481 acres of land within the Sewer and Water Service Area (SWSA) and established guiding principles for land use development within the rural community center and developing commercial areas. The 370.02::L acres owned by Silver Lake, LLC were incorporated into the SWSA during the Comprehensive Policy Plan amendment process. The Applicants have submitted a rezoning application request that will allow for the development of a Continuing Care Retirement Community (CCRC) and the development of commercial retail and office land uses on the subject properties. The Applicants have proffered a Generalized Development Plan (GDP), which identifies the locations of these land use areas, as well as the comprehensive road network envisioned to facilitate traffic movement within this portion of the Round Hill Community. Additionally, the development of the subject properties will facilitate the extension of public water and sewer service further into the Round Hill Community and will provide an opportunity for the relocation of the Round Hill Volunteer Fire and Pile 44928S 2 Greenway Engineering • . Silver Lake, LLC Rezoning Rescue Company. The proposed rezoning application for the 370.02± acre subject properties has been designed to implement the land use, transportation, public utilities and public facilities needs identified in the Round Hill Community Land Use Plan. Therefore, the Applicants rezoning application is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Existing Conditions The subject properties consist primarily of open fields and woodlands with rolling and moderately sloped terrain. These properties are not in active agricultural land use and are primarily unimproved with the exception of two residential structures that are utilized as rental units, a small commercial structure that was previously utilized as a radio station, and the foundation and some side walls of a large residential structure that appears to have been constructed prior to 1937 and has been dilapidated since 1950. All of these structures will be removed over the course of development of the subject properties to accommodate the construction of internal road systems and commercial and office land bays. All existing structures will be permitted with the Frederick County Building Inspections Department to ensure that asbestos inspections and removal occurs and that all necessary measures are accomplished prior to demolition. Hoodplains The subject properties are identified on FEMA NFIP Maps 510063-0105-B and 510063- 0115-B. FEMA NFIP Map 510063-0115B indicates that floodplain areas exist on tax parcels 52-((A))-C and 52-((A))-50, totaling approximately 30.67 acres. These floodplain areas are located in the central portion of the overall site development area and are associated with a large drainage area, which goes under Northwestern Pike to Abram's Creek. The conceptual land plan directs land bay development away from the floodplain areas; however, some impacts to this environmental feature will be realized through the construction of the east -west collector road identified within the Comprehensive Policy Plan Round Hill Land Use Plan. Additionally, minor impacts will occur within the identified floodplain area necessary to implement regional stormwater management, as well as a recreational trail system proposed within the park area identified around the pond near Northwestern Pike. The projected impacted floodplain areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. File #4928S 3 Greenway Engineering • • Silver Lake, LLC Rezoning Wetlands The National Wetlands Inventory Map identifies wetland areas in the western, central, and southern portions of the subject properties. The Applicants have conducted a detailed Wetlands Delineation Study prepared by Greenway Engineering, dated November 6, 2007 for the entire project site. The Applicants have received a Jurisdiction Determination Letter from the U.S. Army Corp of Engineers, which identifies the approved wetland areas on the subject properties. These areas are delineated on the Silver Lake, LLC Property Enviromnental Features Map Exhibit that is included with this analysis. Additionally, a copy of the Wetlands Delineation Study and the Jurisdiction Determination Letter has been included with this analysis. The projected impacted wetlands areas will be provided on the Master Development Plan to ensure compliance with all Federal, State, and local requirements. Steep Slopes The subject properties contain minor areas of steep slope as defined, which are located primarily along the defined floodplain areas located within the central portion of the site. It is anticipated that there will be minor impacts within the defined steep slope areas primarily due to the construction of public utilities. The projected impacted steep slope areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. The subject properties have pronounced slopes located primarily is the northern portion of the site in the area that will be developed as a Continuing Care Retirement Cormrunity (CCRC). These areas do not meet the County definition of steep slopes; however, substantial filling will need to occur within the disturbed portions of these slopes to accommodate the CCRC. All areas of compacted fill will be certified through geotechnical analysis during the site development process and all reports will be furnished to the County for verification of this work. Mature Woodlands The subject properties are predominately covered with mature woodlands located within the northern, central, and eastern portions of the 370.02± acre site. The conceptual land plan for the subject properties identifies areas in which mature woodlands can be preserved, which include buffer areas, floodplain areas, and substantial areas within the proposed Continuing Care Retirement Community (CCRC) area. The Frederick County Zoning Ordinance allows for disturbance of mature woodland areas to implement planned development areas within the Sewer and Water Service Area (SWSA) and establishes replanting requirements to mitigate this impact. Therefore, the Applicants will be able to address these requirements and will identify the location of mature tree preservation areas on the Master Development Plan. File #4928S 4 Greenway Engineering • 0 Silver Lake, LLC Rezoning Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service and the Frederick County GIS Database was consulted to detei7nine soil types contained in this tract. The 370.02± acre properties contain the following soil types: 7C — Carbo-Oaklet-Rock Outcrop Complex, 2-15% slopes 14B — Frederick-Poplimento Loams, 2-7% slope 14C — Frederick-Poplimento Loams, 7-15% slope 16C — Frederick-Poplimento Loams, very rocky, 7-15% slope 17C — Frederick-Poplimento-Rock Outcrop Complex, 2-15% slope 17E — Frederick-Poplimento-Rock Outcrop Complex, 15-45% slope 20B — Guernsey Silt Loams, 2-7% slope 29 — Massanetta Loams 32B — Oaklet Silt Loams, 2-7% slope 33C — Opequon-Chilhowies Silty Clays, very rocky, 3-15% slope 34 — Pagebrook Silt Loams 35 — Pagebrook Silty Clay Loans Table 5 of the Soil Survey identifies soil types 1413, 2013, and 32B as prime farmland soils. These soil types exist primarily in the northern and western portions of the subject site. The proposed development plan identifies these areas for commercial land use and the CCRC land use. Table 10 of the Soil Survey identifies all soil types as moderate to severe for the development of roads and commercial structures due to shrink -swell potential and soil strength. Soils testing and compaction testing are standard practice for development projects and road construction; therefore, reports verifying soils suitability will be conducted throughout the development of the subject site. The soil types are associated with limestone geology, which underlies the subject properties. Limestone geology needs to be treated with care during site development to ensure that solution channels and sinkholes are identified prior to site disturbance and are designed to prevent infiltration of pollutants. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to determine the location of sink holes, solution channels and other karst features and submit reports to the County Engineer for review and approval of the proposed treatment of these features as a condition of land disturbance. File 114928S 5 Greenway Engineering • • Silver Lake, LLC Rezoning SURROUNDING PROPERTIES The zoning and land uses for adjoining parcels are as follows: North: Zoned RA, Rural Area District South: Zoned RA, Rural Area District Use: Orchard; Agricultural; & Unimproved Use: Residential; Church & Academy & Unimproved Zoned B2, Business General District Use: Convenience Store; Motel; & Residential East: Zoned RA, Rural Areas District Use: Orchard; Agricultural & Unimproved Zoned B2, Business General District Use: Orchard & Unimproved West: Zoned RA, Rural Area District Use: Residential & Agricultural The subject properties adjoin several properties to the north and east that are primarily utilized for orchard and other agricultural land use, while adjoining properties to the south and west are primarily utilized for residential and small commercial land use. The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond im>nediately north of the subject properties. The development of the proposed Continuing Care Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. TRANSPORTATION The 370.02± acre subject site has approximately 2,400 linear feet of frontage along Northwestern Pike (U.S. Route 50) and approximately 1200 linear feet of frontage along Poor House Road (Route 654). The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area; however, this has not been quantified through traffic modeling based on various land use assumptions. Therefore, the Applicants have prepared a detailed traffic impact analysis statement in order to detei7nine the projected impacts associated with the proposed development of a CCRC and commercial retail and office land use on the subject site. File 44928S Greenway Engineering 0 . Silver Lake, LLC Rezoning A Traffic Impact Analysis (TIA) has been prepared for the Silver Lake, LLC properties by Patton Harris Rust & Associates, dated November 25, 2008, which is included as a component of the Impact Analysis Statement. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour weekday and Saturday traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background, and build -out conditions for each transportation phase. Additionally, the TIA provides recommended improvements to the regional transportation network that will mitigate the impacts associated with the build -out of the 370.02± acre properties and improve the LOS at all studies intersections, which are the result of background traffic impacts. Phase 1 of the TIA accounts for background projects agreed upon during the project scoping with VDOT and Frederick County, and includes the development of 570 units within the CCRC and 180,000 square feet of commercial retail on the 370.02± subject site. The TIA modeling demonstrates that deficiencies occur at several of the intersections due primarily to existing traffic and projected background traffic conditions. The TIA provides for suggested improvements to the regional transportation network during the Phase 1 development of the subject site to create acceptable LOS at these intersections. These improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spimiing Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 of the TIA builds on the assumptions utilized in Phase 1 through a 2% annualized increase in traffic volumes within the study area through the year 2018. Additionally, Phase 2 increases development on the 370.02± acre subject site to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. The TIA modeling demonstrates that deficiencies occur at two of the intersections not impacted during the Phase 1 analysis. The TIA provides for suggested improvements to the regional transportation network during the Phase 2 development of the subject site to create acceptable LOS at these intersections. These improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 northbound off ramp to provide for a second right turn lane, and the development of a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 of the TIA builds on the assumptions utilized in Phase 2 through a 2% amzualized increase in traffic volumes within the study area through the year 2020. Additionally, Phase 3 increases development on the 370.02± acre subject site to account for an Pile #4928S 7 Greenway Engineering 0 0 Silver Lake, LLC Rezoning additional 140,000 square feet of conunercial retail and 245,000 square feet of office land use. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for two suggested improvements to the regional transportation network during the Phase 3 development of the subject site. These improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Phase 4 of the TIA builds on the. assumptions utilized in Phase 3 through the build -out of background projects agreed upon during the project scoping with VDOT and Frederick County, a 2% annualized increase in traffic volumes within the study area through the year 2022, and includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of conunercial retail and 144,600 square feet of office land use on the 370.02± subject site. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for four suggested improvements to the regional transportation network during the Phase 4 development of the subject site. These improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. SEWAGE CONVEYANCE AND TREATMENT The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public sewer system including a sewer pump station and 8" sanitary sewer force main exists to the east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and connnlercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to deteilnine the projected needs and collection system requirements for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 700 gallons/day per acre is a reasonable guide for estimating the sewer impact for the conunercial, office and CCRC land uses. Q = 700 gallons/day/acre Q = 700 GPD x 370.02± acres Q = 259,014 GPD projected at project build -out File #4928s 8 Greenway Engineering • 0 Silver Lake, LLC Rezoning The proposed build -out of the 370.02:h subject property is estimated to add 259,014 gallons per day to the public sewage conveyance system. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system. The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months, of which approximately 6.8 MGD of capacity is currently being utilized. The Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Community. This regional infrastructure will include on -site collection systems that transfer sewer through gravity, pump stations, and force mains routed along the Abram's Creek drainage area that provide conveyance to the Parkins Mill Wastewater Treatment Facility. The Parkins Mill Wastewater Treatment Facility is currently under expansion to create a 5-million gallons per day (MGD) facility. The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will provide adequate capacity for sewage treatment. The Applicant will direct all effluent from the 370.02± acre site to the Parkins Mill Wastewater Treatment Facility upon completion of the regional infrastructure improvements described above. WATER SUPPLY The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public water system including a 20" water transmission line and a 4 MGD water storage tank exist to the north and east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected water capacity and fire flow needs for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable consumption estimates, the Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre is a reasonable guide for estimating the water impact for the commercial, office and CCRC land uses. The figures below represent the impact that the total build -out of the proposed land uses will have on the water supply and treatment systems. Q = 1,000 gallons/day/acre Q = 1,000 GPD x 370.02± acres Q = 370,020 GPD projected at project build -out File #4928S 9 Greenway Engineering • • Silver Lake, LLC Rezoning The proposed build -out of the 370.02± subject property is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via 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 Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Community. This regional infrastructure will include water transmission lines and elevated water storage that will accommodate the needs of the FCSA to service the portions of the Round Hill Connnunity. The on -site water infrastructure required to convey potable water to the proposed connnercial, office, and CCRC land uses will be developed by the Applicant to standards acceptable to the FCSA for future operation and maintenance. DRAINGE The 370.021 acre subject site is naturally divided into 3 distinctive drainage areas, which direct drainage from the north, east, and west towards the central portion of the site. The site directs drainage from the central portion of the site to the southeast to a large pond that is visible from Northwestern Pike (U.S. Route 50 West). The developed portions of the site for both the CCRC and the commercial retail and office land uses are proposed to be designed as a regional stormwater management system. This system will include a series of smaller drainage structures and the large pond, which are designed to promote stormwater quality and quantity to meet State and local regulations. The general location of the structures that will be utilized for this regional system will be provided on the Master Development Plan for the subject site. The underlying limestone geology may require the design of impervious liners for the proposed regional stormwater management system to ensure that infiltration of stormwater and pollutants is avoided. The Applicant will incorporate narratives on the Master Development Plan that conunit to geotechnical analysis during the site plan process to determine the appropriate design measures for stormwater management facilities that will be submitted to the County Engineer for review and approval prior to land disturbance activities. 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 square feet of structural floor area and an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 0' edition). The following figures Pile #4928S 10 Greenway Engineering • 0 Silver Lake, LLC Rezoning show the increase in average annual volume based on the 1,077,650 square feet of commercial and office land use, and the CCRC independent living, assisted care and skilled care residential units that are projected to develop over a 14-year period: AV = 5.4 Cu. Yd. per 1,000 square feet AV = 5.4 Cu. Yd. x 1,077 (1,000 square feet) AV = 5,815 Cu. Yd. at commercial build-out/yr, or 4,070 tons/yr at build -out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,048 CCRC residential units AV = 5,659 Cu. Yd. at CCRC build -out, or 3,961 tons/yr at build -out TOTAL AV = 8,031 tons/yr / 14-yr build -out = 573 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 14-year build -out of the subject site will generate on average 573 tons of solid waste annually. This represents a 0.28% 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 commercial retail, office, and CCRC is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 4.0% annually. The conunercial retail, office, and CCRC land uses will utilize commercial waste haulers for trash pickup service; 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 proposed project. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures on the 370.02±-acre site that are deemed potentially significant. Three sites within close proximity are identified as potentially significant, which include the Hodgson House (#34-93), the Hodgson -Abner House (#34-94), and Walnut Grove (#34-98); however, none of these sites are identified as properties that are potentially eligible for the state and national register of historic places. Additionally, the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) located adjacent to the subject site. The three sites identified above are all utilized as private residences. The Hodgson House is the only structure that is visible from the project site; however, it should be noted that this structure has been modified to accommodate the residential land use. The portion of the subject site near the Hodgson House is proposed as conunercial land use; Pile #4928S 11 Greenway Engineering 0 • Silver Lake, LLC Rezoning therefore, the County Zoning Ordinance will require buffering and screening between the proposed land use and the existing residential land uses to mitigate visual impacts. The southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) is located on adjacent properties that have been incorporated into the County's Sewer and Water Service Area (SWSA); therefore, it is anticipated that these adjoining properties will develop in the future. The identified core battlefield adjoins the portion of the 370.02± acre site that is proposed as a CCRC. The development of a CCRC will require buffering and screening against the adjoining property due to the current agricultural land uses. The Master Development Plan for the CCRC will utilize the existing mature woodland areas to provide for buffering and screening; therefore, this will mitigate visual impacts to the southwestern portion of the core battlefield area on the adjoining properties. IMPACT ON COMMUNITY FACILITIES Fire and Rescue The development of commercial retail and office and a Continuing Care Retirement Community will create an impact to fire and rescue services in this area of the community. The Applicant has provided for this impact through a proffer that provides land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Commmunity. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. Therefore, the Applicant's proffer statement more than adequately addresses impacts to fire and rescue services. Parks and Recreation The Applicant proffered land to Frederick County to provide a 10-acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. The Applicant has incorporated a complete network of trail systems and sidewalks that will link all commercial and office land uses and the Continuing Care Retirement Community (CCRC) to create a walkable Pile #4928S 12 Greenway Engineering 0 0 Silver Lake, LLC Rezoning campus design for the subject properties. Additionally, the CCRC will be developed with a wellness center and other on -site services to meet the recreational needs of their conununity. Therefore, the development of this project will not have a negative impact to parks and recreation services. Educational Facilities The development of commercial retail and office and a Continuing Care Retirement Cormnunity will not impact public school facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund public schools. General Government The development of commmercial retail and office and a Continuing Care Retirement Commnunity will not impact general government facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund general government services. Pile N4928S 13 Silver Lake, LLC Property-AcManagement Regulations Exception P_ uest Approval Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew.Smith@vdot.virginia.gov] Sent: Friday, February 13, 2009 1:54 PM To: Evan Wyatt Cc: John Bishop; Smith, Matthew, P.E.; Hoffman, Gregory; Copp, Jerry; Eric Lawrence Subject: Silver Lake, LLC Property -Access Management Regulations Exception Request Approval Evan, A VDOT review has been conducted on the subject project's Access Management Regulations Exception Request. The proposed signalized intersection spacings for the Silver Lake Development along Route 50 West have been approved. The approved spacings are approximately 2,070' between Retail Boulevard and proposed Silver Lake Read and approximatel/ 2,350' between proposed Spinning Wheel Lane and proposed Silver Lake Road. Should you have any questions, please feel free to contact me. Matthew B. Smith, P.E. Residency Staff Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 2/16/2009 Legend Silver Lake, LLC Property Winchester City Limits Parcel Boundaries Silver Lake, LLC Property Aerial Overview t ' 4, L cc W LU z W g N Oy E l 3 Yp� LU W c T ? e 1 W O CL W > J W Z JO O Ld N Y W Q g � W Q W J_ U) w ' U o Paz � Z w ,. a_ J O W a> Co Q _ ' �.. Y�r4 a O w} N r I Cn NORTHWESTERN PIK ENO Z • t �� c.. 0 0 0 0 WEST _ Y �• ;E, ;1rQ. Rz-H ERN PIKE . •o --r ' .,,• N , '� Y � Q g Y w LL w � U ¢ o 00 0Ir w -3'x, w m iQr 5 O ` ����ff,, !�`t J w 0 o aU ,gatJnQA- _®�l�►is s a a -- Cn ZEr N cLi Feet Q " C7 N 800 400 0 800 1, 600 Q -- o cn data Source: Frederick County, Va. GIS Department, April 2008 Data, Aerial Photos from March 2006 Greenway Engineering 0 0 Silver Lake, LLC Rezoning General Information Location: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poor House Road (Route 654) Magisterial District: Tax Map Parcel Numbers: Current Zoning: Current Use: Gainesboro Magisterial District 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 RA, Rural Areas District Residential, Radio Station, Agricultural, and Unimproved Proposed Zoning: MS, Medical Support District — TM 52-((A))-50 B2, Business General District — TM 52-((A))-C; 52-((A))-50A; 52-((A))-52 & 52-((A))-63 Proposed Use: Continuing Care Retirement Community Retail, Commercial and Office Total Area: 370.021 acres COMPREHENSIVE POLICY PLAN The Frederick County Board of Supervisors adopted revisions to the Round Hill Conununity Land Use Plan on November 17, 2007. This Comprehensive Policy Plan amendment incorporated approximately 481 acres of land within the Sewer and Water Service Area (SWSA) and established guiding principles for land use development within the rural corm-nunity center and developing commercial areas. The 370.02± acres owned by Silver Lake, LLC were incorporated into the SWSA during the Comprehensive Policy Plan amendment process. The Applicants have submitted a rezoning application request that will allow for the development of a Continuing Care Retirement Community (CCRC) and the development of commercial retail and office land uses on the subject properties. The Applicants have proffered a Generalized Development Plan (GDP), which identifies the locations of these land use areas, as well as the comprehensive road network envisioned to facilitate traffic movement within this portion of the Round Hill Community. Additionally, the development of the subject properties will facilitate the extension of public water and sewer service further into the Round Hill Conununity and will provide an opportunity for the relocation of the Round. Hill Volwzteer Fire and File 114928S 0 0 0 N d Q C N E C cc a N c� SITE W NORTHWESTERN ptKE Legend Map WINCHESTER NORTH WESTER N_PIKE QSilver Lake, LLC Property ® Winchester City Limits Parcel Boundaries Zoning B2 (Business, General Distrist) - B3 (Business, Industrial Transition District) - EM (Extractive Manufacturing District) - MH1 (Mobile Home Community District) - MS (Medical Support District) RA (Rural Area District) RP (Residential Performance District) RR lykt 05 ANWAW Silver Lake p LLC Property Y W Location and Zoning LAI z N 'z Uj s m LL N "J E a � N LULU z it e 5 yC a a If 52 A 50A1 52 A 50 i 52 A 63 � 52 A C � 52 A 52 qC qR cc M coTAR m op 50 j cc Q ti 1 NO RTHWESTERWPIKE3==,�m r Q 6 s� KATHY Feet 1,000 500 0 19000 2,000 w U 00 0 Q z U) Z U C) w O Z Q ; o m O_ U O Lll i w U Z 0 ~ ~ a J Z Q (j a) O LLI N Z Q U LL, w 02 w J O (-Yj 0 o Q oC Ora U w m W m J J w W o Z M N v Q 7 0 CV w J o� Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Greenway Engineering 0 * Silver Lake, LLC Rezoning Rescue Company. The proposed rezoning application for the 370.02± acre subject properties has been designed to implement the land use, transportation, public utilities and public facilities needs identified in the Round Hill Cominunity Land Use Plan. Therefore, the Applicants rezoning application is in confonnance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Existing Conditions The subject properties consist primarily of open fields and woodlands with rolling and moderately sloped terrain. These properties are not in active agricultural land use and are primarily unimproved with the exception of two residential structures that are utilized as rental units, a small commercial structure that was previously utilized as a radio station, and the foundation and some side walls of a large residential structure that appears to have been constructed prior to 1937 and has been dilapidated since 1950. All of these structures will be removed over the course of development of the subject properties to accominodate the construction of internal road systems and commercial and office land bays. All existing structures will be permitted with the Frederick County Building Inspections Department to ensure that asbestos inspections and removal occurs and that all necessary measures are accomplished prior to demolition. Fioodplains The subject properties are identified on FEMA NFIP Maps 510063-0105-B and 510063- 0115-B. FEMA NFIP Map 510063-0115B indicates that floodplain areas exist on tax parcels 52-((A))-C and 52-((A))-50, totaling approximately 30.67 acres. These floodplain areas are located in the central portion of the overall site development area and are associated with a large drainage area, which goes under Northwestern Pike to Abram's Creek. The conceptual land plan directs land bay development away from the floodplain areas; however, some impacts to this environmental feature will be realized through the construction of the east -west collector road identified within the Comprehensive Policy Plan Round Hill Land Use Plan. Additionally, minor impacts will occur within the identified floodplain area necessary to implement regional stormwater management, as well as a recreational trail system proposed within the park area identified around the pond near Northwestern Pike. The projected impacted floodplain areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. File 114928S 3 - - , A�• - � / � 92s / • Z O Silver Lake, LLC Property / — Environmental Features us z os UA �-— o UN h ory Z W u e; N j 925 PIP N ' N N N't i •- O S O00 W s� �� L O N O 900 Q u r LO 0 ' o LP if AN \ tT r3` C90�0_ io a w n h G 4ti ^^^h -b1� moo All 0 ry 0 °' } U) W 900 CO, Q p� ,\Ory o0i �n oU� W Go Z LL U Z J J Z H $�6 900 900 N W O W o < Z 00 5 ssa f J ^ 0� 875 000 Cr Cr Cr J Z LO �—� o00 � W -. rn O LU CO U h� ww \�� h c> } U) F- Q z w U) Z c7 925 V3to W Er o 925 O ¢ Q > Legend 925 Cl W cr Co CL 0 lL uJ i N Silver Lake, LLC Property NO o J Z Q Z o Parcel Boundaries NO!? _ / wq�MgRT W O w Q 0U N PEKE NpRr Oq J °C z o o Lakes and Ponds NWF o Corps of Engineers Approved Wetlands 9y0 �9?S STERN P/KE w > O wCU a Floodplain Z U) W o a) P 50 -- - w w C[ N Streams �-,��' �p� Feet Q 25 ft. Index Contours 5 ft. Intermediate Contours `Q\� �OJ�� 92S 0O �yo 850 500 250 0 500 1,000 Q CI Map Data Source: Frederick County, Va. GIS Department, April 2008 Data Greenway Engineering • , Silver Lake, LLC Rezoning Wetlands The National Wetlands Inventory Map identifies wetland areas in the western, central, and southern portions of the subject properties. The Applicants have conducted a detailed Wetlands Delineation Study prepared by Greenway Engineering, dated November E, 2007 for the entire project site. The Applicants have received a Jurisdiction Determination Letter from the U.S. Army Corp of Engineers, which identifies the approved wetland areas on the subject properties. These areas are delineated on the Silver Lake, LLC Property Environmental Features Map Exhibit that is included with this analysis. Additionally, a copy of the Wetlands Delineation Study and the Jurisdiction Determination Letter has been included with this analysis. The projected impacted wetlands areas will be provided on the Master Development Plan to ensure compliance with all Federal, State, and local requirements. Steep Slopes The subject properties contain minor areas of steep slope as defined, which are located primarily along the defined floodplain areas located within the central portion of the site. It is anticipated that there will be minor impacts within the defined steep slope areas primarily due to the construction of public utilities. The projected impacted steep slope areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. The subject properties have pronounced slopes located primarily is the northern portion of the site in the area that will be developed as a Continuing Care Retirement Community (CCRC). These areas do not meet the County definition of steep slopes; however, substantial filling will need to occur within the disturbed portions of these slopes to accommodate the CCRC. All areas of compacted fill will be certified through geotechnical analysis during the site development process and all reports will be furnished to the County for verification of this work. Mature Woodlands The subject properties are predominately covered with mature woodlands located within the northern, central, and eastern portions of the 370.02± acre site. The conceptual land plan for the subject properties identifies areas in which mature woodlands can be preserved, which include buffer areas, floodplain areas, and substantial areas within the proposed Continuing Care Retirement Community (CCRC) area. The Frederick County Zoning Ordinance allows for disturbance of mature woodland areas to implement planned development areas within the Sewer and Water Service Area (SWSA) and establishes replanting requirements to mitigate this impact. Therefore, the Applicants will be able to address these requirements and will identify the location of mature tree preservation areas on the Master Development Plan. Pile 114928S 4 'Z 16C p� 35 14C _. _... LU 14C 17E 14C _ 16C 16C (r � 654 ?oa „J Z J z J 32B J 0 0 17C Y W 34 Q Ir 16C J cc 14C 16C 17C 17E F LLI J 14B 148 o U) NORTHWESTERN PIKE 14C 14C yy W W ACMART �R � / 17C H m U Feet 50 O 29 16C m rCRoCK wRCLs M►��.o, m � o Cr w U) Z 700 350 0 700 1,400 4 Q : - - J w to o c� w inchester & Western RR w X Z' p Legend— ---- o C7 W rn Z F- ►- Silver Lake, LLC Property Soils 29, MASSANETTA LOAM LLI Z J = o 0 p Q p L___ j Winchester City Limits ® 14B, FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES 326, OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES ���� Y Ir 0 Y 0 Parcel Boundaries 0 14C, FREDERICK-POPLIMENTO LOAMS, 7 TO 15 PERCENT SLOPES 33C, OPEQUON-CHILHOWIE SILTY CLAYS, VERY ROCKY, 3 TO 15 PERCENT SLOPES -1 O Cr 0 ® 16C, FREDERICK-POPLIMENTO LOAMS, VERY ROCKY, 7 TO 15 PERCENT SLOPES 34, PAGEBROOK SILT LOAM W w J_ � w Q 17C, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES 35, PAGEBROOK SILTY CLAY LOAM Q 37 cn Z_ 17E, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 15 TO 45 PERCENT SLOPES 7C, CARBO-OAKLET-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES �Q Q T p N t "i 20B, GUERNSEY SILT LOAM, 2 TO 7 PERCENT SLOPES - W, WATER 37 J Li Lii a — / a o cU) ap Data Source Frederick County, Va. GIS Department, April 2008 Data Greenway Engineering 0 0 Silver Lake, LLC Rezoning Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service and the Frederick County GIS Database was consulted to determine soil types contained in this tract. The 370.021 acre properties contain the following soil types: 7C — Carbo-Oaklet-Rock Outcrop Complex, 2-15% slopes 14B — Frederick-Poplimento Loams, 2-7% slope 14C — Frederick-Poplimento Loams, 7-15% slope 16C — Frederick-Poplimento Loams, very rocky, 7-15% slope 17C — Frederick-Poplimento-Rock Outcrop Complex, 2-15% slope 17E — Frederick-Poplimento-Rock Outcrop Complex, 15-45% slope 20B — Guernsey Silt Loams, 2-7% slope 29 — Massanetta Loams 32B — Oaklet Silt Loanis, 2-7% slope 33C — Opequon-Chilhowies Silty Clays, very rocky, 3-15% slope 34 — Pagebrook Silt Loams 35 — Pagebrook Silty Clay Loams Table 5 of the Soil Survey identifies soil types 1413, 2013, and 32B as prime farmland soils. These soil types exist primarily in the northern and western portions of the subject site. The proposed development plan identifies these areas for commercial land use and the CCRC land use. Table 10 of the Soil Survey identifies all soil types as moderate to severe for the development of roads and commercial structures due to shrink -swell potential and soil strength. Soils testing and compaction testing are standard practice for development projects and road construction; therefore, reports verifying soils suitability will be conducted throughout the development of the subject site. The soil types are associated with limestone geology, which underlies the subject properties. Limestone geology needs to be treated with care during site development to ensure that solution channels and sinkholes are identified prior to site disturbance and are designed to prevent infiltration of pollutants. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to determine the location of sink holes, solution channels and other karst features and submit reports to the County Engineer for review and approval of the proposed treatment of these features as a condition of land disturbance. Pile 114928S 5 ele0 BOOZ ludy'luawpeda0 SIJ eA 'Alunoo �ouapajj :aojnog elea dey4 e1e0 Soo? ludy'luawuedaa Sig en'Alunoo �auapajj :aainoS elep dey4 Adjoining Property Owners Listing 0 i Silver Lake, LLC Property File 4928S .7 • • Number Tax Map Number Owner Mailing Address City & State ZIP Zoning Land Use Acreage Deed Book Page Instrument Yr. Instrument No. 1 52 A 47 CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 RA 6 152.05 0 2007 17603 2 52 A 48 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 5 21.92 546 194 0 0 3 52 A 49 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 2 10.21 546 194 0 0 4 41 A 170 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 276.79 341 47 0 0 5 53 A 69 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 1 116.49 296 302 0 0 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 RA 5 30.45 0 2002 20744 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 RA 5 77.44 848 1208 0 0 .8 52 A B WINCHESTER WAREHOUSING INC. - & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 B2 2 30.00 0 2003 16328 9 52 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 B2 72 14.65 837 1538 0 0 10 52 A 71 B BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 8.45 934 538 0 0 11 52 A 71C BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 4.60 934 538 0 0 12 152 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 RA 4 1.16 0 0 0 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 RA 2 2.80 0 2005 21998 14 52 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 0.98 0 2007 10288 15 52 12 Al WEBBER CHARLES L. & BETTY C. 2539 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.35 509 695 0 0 16 52 A 229 TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 2.82 0 2001 9406 17 52 A 228A TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 6.04 0 2001 9406 18 52 A 53 TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 B2 4 2.03 0 0 0 19 52 A 227A SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.28 585 423 0 0 20 52 A 54 ROBINSON C L - C/O F&M BANK WINCHESTER 9 COURT SQ WINCHESTER VA 22601 RA 2 0.15 302 354 0 0 21 52 A 226 KERNS ROGER L & LINDA L 112 ROBIN HOOD CI WINCHESTER VA 22603 RA 2 0.64 549 626 0 0 22 52 A 194 ROBBINS TONY E - & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 1.63 977 182 0 10291 23 52 A 193 TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA. 22602 RA 2 0.54 0 2004 1439 24 52 A 166C TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA. 22602 RA 2 0.77 0 2004 1439 25 52 A 166 CATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 6.26 0 0 0 26 52 A 55 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 0.04 631 638 0 0 27 52 A 56 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 1.15 631 638 0 0 28 52 A 57 HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 RA 2 1.04 0 2004 24081 29 52 A 58 VERRET ROY A & BETTY C PO BOX 283 WINCHESTER VA 22604 RA 2 1.07 0 0 0 30 52 A 59 WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA. 22603 RA 2 1.27 0 2005 20347 31 52 A 60 REID LEO G. & LILLIE V. 2726 NORTHWESTERN PIKE WINCHESTER VA. 22603 B2 4 1.02 0 0 0 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655 K 4 2.99 0 2005 7283 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 B2 4 4.81 934 1689 0 0 34 52 A 66 ANDERSON GARLAND SCOTT 104 EXMOOR CT STEPHENS CITY VA 22655 RA 2 2.17 0 2004 20366 35 52 A 65 COCHRAN CHARLES E JR & MARIAM G 208 FOX DR WINCHESTER VA 22601 RA 4 2.50 750 450 0 0 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 RA 2 0.76 879 640 0 0 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA. 22603 RA 2 0.72 585 540 0 0 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 22601 RA 2 0.75 545 207 0 0 39 52 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603 RA 2 0.79 0 2005 13665 40 52 3 4 MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA. 22603 RA 2 1.18 750 464 0 0 41 52 A 44 ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD WINCHESTER VA 122603 RA 2 3.67 756 394 0 0 42 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA. 122603 RA 2 3.97 310 312 0 0 43 152 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 122603 1 RA 2 1.73 861 737 0 0 44 152 A 46A MOLDEN REAL ESTATE CORP 2400 VALLEY AVE WINCHESTER VA 122601 1 RA 2 2.65 0 2005 1929 2-19-2009 Source: Frederick County GIS Data, April 2008 am Greenway Engineering 0 0 Silver Lake, LLC Rezoning SURROUNDING PROPERTIES The zoning and land uses for adjoining parcels are as follows: North: Zoned RA, Rural Area District South: Zoned RA, Rural Area District Use: Orchard; Agricultural; & Unimproved Use: Residential; Church & Academy & Unimproved Zoned B2, Business General District Use: Convenience Store; Motel; & Residential East: Zoned RA, Rural Areas District Use: Orchard; Agricultural & Unimproved Zoned B2, Business General District Use: Orchard & Unimproved West: Zoned RA, Rural Area District Use: Residential & Agricultural The subject properties adjoin several properties to the north and east that are primarily utilized for orchard and other agricultural land use, while adjoining properties to the south and west are primarily utilized for residential and small commercial land use. The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Retirement Community (CCRC) will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. TRANSPORTATION The 370.02-± acre subject site has approximately 2,400 linear feet of frontage along Northwestern Pike (U.S. Route 50) and approximately 1200 linear feet of frontage along Poor House Road (Route 654). The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area; however, this has not been quantified through traffic modeling based on various land use assumptions. Therefore, the Applicants have prepared a detailed traffic impact analysis statement in order to determine the projected impacts associated with the proposed development of a CCRC and commercial retail and office land use on the subject site. File #4928S Greenway Engineering • so Silver Lake, LLC Rezoning A Traffic Impact Analysis (TIA) has been prepared for the Silver Lake, LLC properties by Patton Harris Rust & Associates, dated November 25, 2008, which is included as a component of the Impact Analysis Statement. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour weekday and Saturday traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background, and build -out conditions for each transportation phase. Additionally, the TIA provides recommended improvements to the regional transportation network that will mitigate the impacts associated with the build -out of the 370.02-± acre properties and improve the LOS at all studies intersections, which are the result of background traffic impacts. Phase 1 of the TIA accounts for background projects agreed upon during the project scoping with VDOT and Frederick County, and includes the development of 570 units within the CCRC and 180,000 square feet of commercial retail on the 370.02± subject site. The TIA modeling demonstrates that deficiencies occur at several of the intersections due primarily to existing traffic and projected background traffic conditions. The TIA provides for suggested improvements to the regional transportation network during the Phase 1 development of the subject site to create acceptable LOS at these intersections. These improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 of the TIA builds on the assumptions utilized in Phase 1 through a 2% annualized increase in traffic volumes within the study area through the year 2018. Additionally, Phase 2 increases development on the 370.02± acre subject site to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. The TIA modeling demonstrates that deficiencies occur at two of the intersections not impacted during the Phase 1 analysis. The TIA provides for suggested improvements to the regional transportation network during the Phase 2 development of the subject site to create acceptable LOS at these intersections. These improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spimiing Wheel Lane to Retail Boulevard, improvements to the Route 37 northbound off ramp to provide for a second right turn lane, and the development of a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 of the TIA builds on the assumptions utilized in Phase 2 through a 2% annualized increase in traffic volumes within the study area through the year 2020. Additionally, Phase 3 increases development on the 370.02± acre subject site to account for an File #4928S 7 Greenway Engineering 0 6 Silver Lake, LLC Rezoning additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for two suggested improvements to the regional transportation network during the Phase 3 development of the subject site. These improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Phase 4 of the TIA builds on the assumptions utilized in Phase 3 through the build -out of background projects agreed upon during the project scoping with VDOT and Frederick County, a 2% annualized increase in traffic volumes within the study area through the year 2022, and includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use on the 370.02-± subject site. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for four suggested improvements to the regional transportation network during the Phase 4 development of the subject site. These improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. SEWAGE CONVEYANCE AND TRE, ATMENT The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public sewer system including a sewer pump station and 8" sanitary sewer force main exists to the east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected needs and collection system requirements for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 700 gallons/day per acre is a reasonable guide for estimating the sewer impact for the commercial, office and CCRC land uses. Q = 700 gallons/day/acre Q = 700 GPD x 370.02± acres Q = 259,014 GPD projected at project build -out File aquas 8 Greenway Engineering 1 Silver Lake, LLC Rezoning - The proposed build -out of the 370.02± subject property is estimated to add 259,014 gallons per day to the public sewage conveyance system. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force mein system. The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months, of which approximately 6.8 MGD of capacity is currently being utilized. The Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.021 acre site and the Round Hill Community. This regional infrastructure will include on -site collection systems that transfer sewer through gravity, pump stations, and force mains routed along the Abram's Creek drainage area that provide conveyance to the Parkins Mill Wastewater Treatment Facility. The Parkins Mill Wastewater Treatment Facility is currently under expansion to create a 5-million gallons per day (MGD) facility. The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will provide adequate capacity for sewage treatment. The Applicant will direct all effluent from the 370.02± acre site to the Parkins Mill Wastewater Treatment Facility upon completion of the regional infrastructure improvements described above. WATER SUPPLY The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public water system including a 20" water transmission line and a 4 MGD water storage tank exist to the north and east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected water capacity and fire flow needs for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable consumption estimates, the Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre is a reasonable guide for estimating the water impact for the commercial, office and CCRC land uses. The figures below represent the impact that the total build -out of the proposed land uses will have on the water supply and treatment systems. Q = 1,000 gallons/day/acre Q = 1,000 GPD x 370.02-± acres Q = 370,020 GPD projected at project build -out File n4928S 9 Greenway Engineering S Silver Lake, LLC Rezoning The proposed build -out of the 370.02± subject property is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the commuuuty via 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 Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Cominuiuty. This regional infrastructure will include water transmission lines and elevated water storage that will accommodate the needs of the FCSA to service the portions of the Round Hill Coinmunity. The on -site water infrastructure required to convey potable water to the proposed commercial, office, and CCRC land uses will be developed by the Applicant to standards acceptable to the FCSA for future operation and maintenance. DRAINGE The 370.02-± acre subject site is naturally divided into 3 distinctive drainage areas, which direct drainage from the north, east, and west towards the central portion of the site. The site directs drainage from the central portion of the site to the southeast to a large pond that is visible from Northwestern Pike (U.S. Route 50 West). The developed portions of the site for both the CCRC and the commercial retail and office land uses are proposed to be designed as a regional stonnwater management system. This system will include a series of smaller drainage structures and the large pond, which are designed to promote stonnwater quality and quantity to meet State and local regulations. The general location of the structures that will be utilized for this regional system will be provided on the Master Development Plan for the subject site. The underlying limestone geology may require the design of impervious liners for the proposed regional stonnwater management system to ensure that infiltration of stonnwater and pollutants is avoided. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to detennine the appropriate design measures for stonnwater management facilities that will be submitted to the County Engineer for review and approval prior to land disturbance activities. 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 square feet of structural floor area and an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4`h edition). The following figures File 114928S 10 Greenway Engineering 10 is Silver Lake, LLC Rezoning show the increase in average annual volume based on the 1,077,650 square feet of commercial and office land use, and the CCRC independent living, assisted care and skilled care residential units that are projected to develop over a 14-year period: AV = 5.4 Cu. Yd. per 1,000 square feet AV = 5.4 Cu. Yd. x 1,077 (1,000 square feet) AV = 5,815 Cu. Yd. at commercial build-out/yr, or 4,070 tons/yr at build -out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,048 CCRC residential units AV = 5,659 Cu. Yd. at CCRC build -out, or 3,961 tons/yr at build -out TOTAL AV = 8,031 tons/yr / 14-yr build -out = 573 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 14-year build -out of the subject site will generate on average 573 tons of solid waste atuzually. This represents a 0.28% 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 commercial retail, office, and CCRC is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 4.0% annually. The commercial retail, office, and CCRC land uses will utilize commercial waste haulers for trash pickup service; 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 proposed project. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures on the 370.02±-acre site that are deemed potentially significant. Three sites within close proximity are identified as potentially significant, which include the Hodgson House (#34-93), the Hodgson -Abner House (#34-94), and Walnut Grove (#34-98); however, none of these sites are identified as properties that are potentially eligible for the state and national register of historic places. Additionally, the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the southwestern portion of the 2rid Winchester Core Battlefield area (Phase 6) located adjacent to the subject site. The three sites identified above are all utilized as private residences. The Hodgson House is the only structure that is visible from the project site; however, it should be noted that this structure has been modified to accommodate the residential land use. The portion of the subject site near the Hodgson House is proposed as commercial land use; rile 44928S 11 Greenway Engineering 10 0 Silver Lake, LLC Rezoning therefore, the County Zoning Ordinance will require buffering and screening between the proposed land use and the existing residential land uses to mitigate visual impacts. The southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) is located on adjacent properties that have been incorporated info the County's Sewer and Water Service Area (SWSA); therefore, it is anticipated that these adjoining properties will develop in the future. The identified core battlefield adjoins the portion of the 370.02± acre site that is proposed as a CCRC. The development of a CCRC will require buffering and screening against the adjoining property due to the current agricultural land uses. The Master Development Plan for the CCRC will utilize the existing mature woodland areas to provide for buffering and screening; therefore, this will mitigate visual impacts to the southwestern portion of the core battlefield area on the adjoining properties. IMPACT ON COMMUNITY FACILITIES Fire and Rescue The development of commercial retail and office and a Continuing Care Retirement Community will create an impact to fire and rescue services in this area of the cornrnunity. The Applicant has provided for this impact through a proffer that provides land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. Therefore, the Applicant's proffer statement more than adequately addresses impacts to fire and rescue services. Parks and Recreation The Applicant proffered land to Frederick County to provide a 10-acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 meeting and decided not to accept this proffered site. The Applicant has incorporated a complete network of trail systems and sidewalks that will link all commercial and office land uses and the Continuing Care Retirement Community (CCRC) to create a walkable Pile 114928E 12 Greenway Engineering 10 16 Silver Lake, LLC Rezoning campus design for the subject properties. Additionally, the CCRC will be developed with a wellness center and other on -site services to meet the recreational needs of their community. Therefore, the development of this project will not have a negative impact to parlcs and recreation services. Educational Facilities The development of commercial retail and office and a Co-lILLuing Care Retirement Cornrnunity will not impact public school facilities or operations. The County will receive revenues from the commmercial and office development, which will assist in the amlual budget necessary to fund public schools. General Goverrunent The development of commercial retail and office and a Continuing Care Retirement Conirnunity will not impact general government facilities or operations. The County will receive revenues from the conunercial and office development, which will assist in the annual budget necessary to fund general government services. Pile 114928S 13 • I Unsignalized Intersection + a 4-�tjB(A)IA]* *IA](C)A 4, 7 U 21 Unsignalized 21 Intersection Z S 3 ' C' -i� Ind 4 Signalized Intersection m LOS=B(B)IBI •����� �A(A)JAJ IBJ(B)C� Vr Intersection b LOS=B(B)IA) 4 P Z v v Signalized Intersection V1 ���1 LOS=C(D)IB] 09 o C(D)IBI [A](D)]3 Ea � r 7 Signalized Intersection r LOS=C(C)IB] o` IAJ(B)C -� Denotes Yield Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Note: See Table 1 for levels of service by "Lane Group" Figure 3 Existing Lane Geometry and Level of Service A Phased Traffic Impact Analysis of the Round Hill Center PHP Project Novemb r5233-1 8 November 25, age 6 I Page 6 Intersection * v c c,a'` 7 JN ~ �lC(A)IB] Intersection I Improvements" signanvnion LOS=A(A)IA] v o U A(A)IAI 1 "— - J ,, / r 1 - Intersections` a 4 LOS=C(B)IB] ` a� 4 Q 50 ✓�� �a(B)IBI I BI (B)C � *I B](c)AR �= % 1 IAI(A)B� Q "1 U Unsignalized Signalized Intersection 4Q ( Signalized "Suggested Intersection Improvements" ; SH Intersection - LOS=C(q� p�� E)IC] 4�� S -F— LOS=C(B)[A] G� G J �G �B LRiglst WeavinE J 1 so rr— (D)IBI� rB(B)IAl Ic](C)c� n I(B)c� IA"aaZl 7 Signalized a a� Intersection a LOS=D(D)IBI 0 H i � +�D(D)IBJ ►a IAI(C)D -� 31i» Signalized Intersection LOS=C(B)IB] Ci AIB)IA1 ✓1(( � 5 —� Vr, ICI(B)Cy 1► Denotes Yield Conditions o Denotes free flow Conditions Denotes Unsignalized Critical Movement s ` AM Peak Hour(PM Peal(Hour)[SAT Peak Hour] A _�T T� 1 / \ Note: See Table 3 for levels of service by "Lane Group" Figure 5 Phase 1: 2012 Background Lane Geometry and Level of Service A Phased Trariic Im act Analysis orthe Round Hill Center P Project Number: 15233-1-0 November 25, 2008 PHR+A Page 12 0 r1 L_J PHASE 1 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 4 is provided to summarize the total trip generation associated with the Phase 1 of Round Hill Center development. Table 4 Proposed Development. Round Hill Center Plia— 1 Trin f —pratinn Snmmary ITE Land Use Amount Code AM Peak Hour PM Peak Hour ADT Saturday Peak Hour ADT In Out Total In Out Total In Out Total 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units 820 Shopping Center " 180,000 SF 16 113 20 72 36 195 30 324 19 351 49 675 1,559 7,729 67 465 67 429 134 895 1,124 8,995 Sub -Total 142 113 254 389 392 781 9,929 548 514 1,062 10,457 25% Pass -by (Code 820) 23 23 46 84 84 169 1,931 112 111 224 2,249 Total "New" Trips 1 119 89 208 304 308 612 1 7,997 1 436 1 402 1 838 8,208 - Average rates are unuzea. PHASE 1 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Round Hill Center Phase 1 development trips (Table 4) throughout the study area roadway network. Figure 7 shows the development - generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour trips. PHASE 1 2012 BUILD -OUT CONDITIONS The Round Hill Center Phase 1 assigned trips (Figure 7) were added to the 2012 background traffic volumes (Figure 4) to obtain 2012 build -out conditions. Figure 8 shows the 2012 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 9 shows the respective 2012 build -out lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 5 to show the 95th percentile back of queue and levels of service for each lane group during Phase 12012 build -out conditions. A Phased Tra ffic Impact Analysis o(the Round Hill Center PH -� ^ Project Number: r 25, 2 1 8 1 1 November 25, 2008 Page 15 0 I utersecnon x tz — — Jh �C(B)JBJ* W Signalized N "Suggested intersection Improvements" Signalization LOS=A(C)IB] 07, tvB-1 Left A 5 ght SB - 1 Left A� ED 1 �v ZAPNAJ of rl Y� 4 Signalized .e Intersection ` a LOS=C(C)[B] L 50 J1��� �B(D)JA1 IC](B)C� Vr' � a 4 � 1 Cam^ LOS=A(A)IA] 4 j11 I r- A(A)IA1 F_ 1 AJ(A)A—* i U J Jj �A(B)JAJ r JBJ(B)B: Yr, so Signalized Intersection LOS=B(F)jF] 4� 4 � O— B(D)JA] JAJ(C)A i �c C _ J Signalized ]ntcrsec ,to n r' LOS=D(D)jC] o° Z 50 �D(D)IC] JBJ(D)D � jJr Signalized "Suggested Intersection Q\ Improvements" LOS=B(B)IA] SBRight - Free C, +� F LOg q(BJ(Bq ~B t (Ella) JA](B)A.~. c 57 e Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] rT... L1__ IV-1-,1, c r__ lo.,ol� by "I any C�rnnn' R+A H Figure 9 Phase 1: 2012 Build -out Lane Geometry and LOS A Phased Traffic Impact Analysis of the Roiald Hill Center Project Number: 15233-1-0 November 25, 2008 Page 19 0 • No Scale SITE b' p':po,+ed � N� N� Unsignalized I Signalized "Suggested Intersection Intersection LOS=B(C)JBJ Improvements" Signalizndun t : Jg rC(B)IB]* mat jNc ~A(C)IBI j r *IBI(QA--P t sr �� IBJ(A)C---+ z —% U * Pa Intersection LOS=C(B)[B� J 41�m4— a • 1 4� A(B)IAI B](B)D� IAl(D)B n`��, Signalized "Suggested Intersection lmprovemenls" LOS=C(D)IBj �y Nn-1 Right 1 ZaI � C(D)IB( _ IB1(D)B� . 1 Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peal(Hour)[SAT Peak Hour] Nntp- qpp Tnhlp F far hwplc of cprvirp by "I •-inp Grniinl' A Phased Traffic Impact Analysis of he Round Hill Censer pA Project Nombeb r 25, 20 8 H NovemUer 25, 2008 Page 24 0 0 PHASE 2 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 7 is provided to summarize the total trip generation associated with the Phase 2 of Round Hill Center development. Table 7 Proposed Development: Round Hill Center ITE AM Peak Hour PM Peak Hour ADT Saturday Peak Hour ADT In Out Total In Out Total In Oul Total Land Use Amount Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units 16 20 36 30 19 49 1,559 67 67 134 1,124 710 Office 105,000 SF 172 23 195 33 163 196 1,385 21 l8 38 243 820 Shopping Center" 350,000 SF 220 141 361 630 683 1,313 15,029 905 835 1,740 17,490 Sub -Total 420 204 625 728 887 1,615 19,614 1,008 937 1,945 19,195 25% Pass -by (Cade 820) 45 45 90 164 164 328 3,757 217 217 435 4,372 Total Pass -by 45 45 90 164 164 328 3,757 217 217 43S 4,372 Total "New" Trips 375 1 159 1 534 1 564 1 723 1 1,287 14,857 791 1 720 1 1,570 ]4,823 - Average rates are uunzeu. PHASE 2 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 12 to assign the Round Hill Center Phase 2 development trips (Table 7) throughout the study area roadway network. Figure 13 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. PHASE 2 2018 BUILD -OUT CONDITIONS The Round Hill Center Phase 2 assigned trips (Figure 13) were added to the 2018 background traffic volumes (Figure 10) to obtain 2018 build -out conditions. Figure 14 shows the 2018 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 15 shows the respective 2018 build -out lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 8 to show the 95t1i percentile back of queue and levels of service for each lane group during Phase 2 2018 build -out conditions. A Phased Traffic Impact Analysis of the Round Hill Center PHP Project Number: r 25, 21-8 November 25, e 27 Page 27 • 0 1 Unsignalized 1 Signalized "Suggested Intersection U Intersection Improvements" Slgnallzation a LOS=B(A)�BJ k t J ti e_C(B)[BI 4 .-.A(A)JA1 1- *[BI(D)A -jam �t l I t �tr `� �"► tz`I 1BJ(A)B__+ 1 A � W � U s y^ 2 algnanzea Intersection "ss=•- Improvements" LOS=A(C)[AJ Signalinti on EB - I Left (� NB -I Right W U SB - I Left (QA] 3 Signalized "Ness' Intersection intersection" LOS=B(C)JAJ -� Signalized — lntersection q� LOS=D(C)IC1 W`� �m �B(QBI Ic)(B)D� Vr Intersection xy� nr LOS=B(C)[BJ m W ~ _ t IB1B)B� Yr � 4 Signalized ( Signalized "Suggested Improvements" Intersection 4T 4� e� LOS=D(F)[Fl Intersection •� LOS C B A `T Sit Right - Free ( )l 1 wB-IThru Woo �� ✓� D(C)IAJ %W viol! b I.OS e— r .4(B)(H) D(B)IA1 C IAI(B)C� , ED e` h o % Signalized E 7 Signalized "Suggested Intersection 12 Intersection Improvements" NB I Right LOS=E(F)IC[ LOS=C(D)IC[ c NB - I Thru 4 . D(r)IDI n ) �D(D)ICJ IBI(c)B� f3� IBI(C)B� Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peale Hour(PM Peak Hour)[SAT Peale Hour] Note: See Table 8 for levels of service by "Lane Group" Figure 15 Phase 2: 2018 Build -out Lane Geometry and LOS A Phased Traffic Impact Analysis ofthe Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 31 0 i IUnsianalized r New 8 F V 5 J 11 �i %1"' —► [C1(A)C~ p "1 U_ + F? JStgnaltze0 Improvements" IntCl'S CCIiOa Signalization LOS=A(A)IA] EB-1 Lett NB - 1 Right SB - I Lett, 11U 91 Q �= �A(A)lAJ IAJ(A)ft y y Signalized .o Intersection LOS=D(C)IBI 4� •a s � *—C(C)IAJ e— ICJ(B)D= Yr Intersection LOS B(B)IBJ q` :ZA(B)IAJ Wp" IBJ(B)B 1-0 yr Signalized C 6 Signalized "Suggested Intersection `moo Intersection Improvht-Freeements" LOS=C(T�IC] k�q� LOS=C(B)IAJ SB Rig C(p)ICJ NW�e�w��t.osa(B)(Al�g4 �►t i C(B)IAJ IC](D)B� a 1 so IAJ(B)B� EO � a .m m Signalized F Signalized "Suggestemd Intersection a Intersection q4 Improveents" LOS=)r(D)IB] LOS=C(D)ICI cy NB - I Right t D(D)IBJ W �C(D)ICJ JBJ(D)E— 31 1 IBJ(D)13 1 1 Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Note: See Table 9 for levels of service by "Lane Group" Figure 17 Phase 3: 2020 Background Geometry and Level of Service A Phased TraCftc hnpact Atlalysis orthe Round Hill Center P]AProject Novemb r 25, 2 1 8 H NovemUer 25, e 36 Page 36 C� PHASE 3 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t1 Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 10 is provided to summarize the total trip generation associated with the Phase 3 of Round Hill Center development. Table 10 Proposed Development: Round Hill Center ITE Land Use Amount AM Peak Hour PM Peak Hour A_DT Saturdav Peak Hour ADT In Out Total In Out Total In Out Total Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units •16 20 36 30 19 49 1,559 67 67 134 1,124 710 Office 350,000 SF 450 61 511 80 391 471 3,500 55 47 102 767 820 Shopping Center " 490,000 SF 308 197 505 882 956 1,838 21,041 1,266 1,169 2,435 24,485 Sub -Total 786 298 1,085 1,027 1,388 2,414 26,741 1,404 1,300 2,705 26,715 25% Pass -by (Code 820) 63 63 126 230 230 459 5,260 304 304 609 6,121 Total"New" Trips 723 235 959 797 1,158 1,955 21,481 1,100 i 996 2.096 20,594 . Average rates are utmzea. PHASE 3 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 18 to assign the Round Hill Center Phase 3 development trips (Table 10) throughout the study area roadway network. Figure 19 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour- traffic volumes at key locations within the study area. PHASE 3 2020 BUILD -OUT CONDITIONS The Round Hill Center Phase 3 assigned trips (Figure 19) were added to the 2020 background traffic volumes (Figure 16) to obtain 2020 build -out conditions. Figure 20 shows the 2020 build -out weekday and Saturday ADT as well as weekday AM/PM peak_ hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 21 shows the respective 2020 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 11 to show the 95th percentile back of queue and levels of service for each lane group during Phase 3 2020 build -out conditions. A Phased Traffic Impact Anahsis of the Round Hill Center Project Number: 15233-1-0 P November 25, 2008 H Page 39 • 0 No Scale Unsignalized "New Intersection Intersection" i 9 Y d - �r&— Uns'. j Unsignalized j Signalized ^Suggested Intersection x v intersection LOS=C(B)IAI Improvements" Slgnaiizalian L. 94 A 'o m _ a.�A(B)IAI A� o t t n $ *IBI(D)A. �� y r,1111 � = IAI(A)c®, u *- U Signalized -� "suggested Inter'ection Intpmvemenis" Signalization LOS=A(C)IBI EB-1 Lett NVB-I Right _CAB IBI(D)q� 1 ()Iql 3 Signalized Nmv I nlersectlon ]nlerseclion LOS=B(C)]B] O 5D MI(C')B 1 C / 4 Signalized b Intersection q1 LOS=D(C)IC] \y` p � ED '�—B(B)IB1 t� ICI(B)D� m �I s 111 i1 Figure 21 Signalized o Intersection i� > LOS=C(C)]B] =A(B)(Bl V G— IBI(B)D� � V IIntersection ¢T _ Intersection improvements^ NB-IThru LOS=C(F)IB] 4�c{ �15S LOS=C(B)]A] S� SB Rlghl-Free g C(C)IBl Lu FLOSA(B)lBjrJp C(B)IAI Ic](c)c� I IAl(c)c t a� Signalized Signalized "Suggested d Intersection r Intersection o' (mpravuments" LOS=) (F)]C] O LOS=C(D)ICI p� WB-IThru NB- i RI ht ED D(F)IDI BI c(D)ICI IBI(D)B� �jJ e a Illl(ll)B� �� p 0 $a $0 �IDenotes )Yield Conditions CDenotes ]Free )Flow Conditions * )[Denotes Unsignalized Critical Movement AM[ Peak )Hlour(IPM[ Peak Hour)[SAT Peak Hourl Nnf— c... 91`,t'l. 1 1 f-,- f .,;— a., IT --- Phase 3: 2020 wild -out Lane Geometry and ILOS A Phased PTra.[']c Impact AnaNsis of the Round Hill Center RA Project Novemb 15233-18 �' November 25, 2008 Page 43 • 0 Unsignnlized "New Intersection Intersection" r 9 9 T No Scale 1 I Unsignalized �J Intersection a MR LJ1K t-D(B)IBl* *1131(D)A f' b � t=. Signalized I nt ersectlon "Suggested Improvements" LOS=A(A)IAI Sign' anon EB-I Left wB-7 Right SB -1 Left, 1 Rigl lAI(A)A Signalized Intersection c�` .ay' CJ 141 1f� 09 Figure 23 "Suggested JIntersection LOS=D(B) IA J �I%- J�o®•B(B)IAl d" ®P I y r JBJ(B)D--� 1 a Intersection 4 LO ICI (D)D 4 4 'Intersection Intersection T Improvements" LOS=F(F)(EJ 1 R LOS=C(B)IAI 41� SBRIght-Free WB-I Thru Wen'u:g I.ns C )I I a) IAI(c)C� 5ignalizeo g % Signalized � "Suggested Intersection 1ntcrscction p Improvements" Los=F(F)ICI a EB-I Thru o LOS=C(E)JCJ A wB-] Thru m - NB -I Right � 0)1CI IAl(E)E� n c �C(E)ICI IB)(E)B rDenotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peal(Hour)[SAT Peak Hour] Note: See 'gable 13 for levels of service by "bane Group" Phase 4: 2022 Wckground Geometry and Level of Service A Phased Traffic Impact Analvsis of the Round Hill Certter PHR+A Project Number: 15233-1-0 November 25, 2008 Page 49 PHASE 4 7I'IRIP GENERATION pHR+A detern-iined the number of trips entering and exiting the site using equations and rates provided in the 71h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. 'gable 14 is provided to summarize the total trip generation associated with the Phase 4 of Round Hill Center development. Table 14 Proposed Development: Round Hill Center Please 4 Trin Generation Summary ITE Land Use Amount AA'I Peak Hour PM Peak Hour ADT Saturday Peak Hour ADT In Out Total In Out Total In Out To[al Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 528 units 19 23 42 35 23 58 1837 79 79 158 1,325 710 Office 494,600 SF 593 81 674 108 525 633 4,568 73 62 135 1,077 820 Shopping Center* 578,300 SF 363 232 596 1,041 1,128 2,169 24,832 1,495 1,380 2,874 28,898 853 Conven. Mart w\pumps 4,750 SF 108 108 217 144 144 288 4,017 137 127 264 6,881 Sub -Total 1,096 465 1,561 1,363 1,842 3,204 35,896 1,800 1,665 3,464 38,518 25% Pass -by (Code 820) 74 74 149 271 271 542 6,208 359 359 719 7,224 40% Pass-b}'(Code 853) 43 43 87 58 58 115 1,607 53 53 106 2,752 Total Pass -by 118 118 236 319 329 657 7,815 412 412 824 9,977 Total "New" Tripsl 978 347 1,326 1 1,034 1,513 2,547 28,081 1 1,388 1,253 2,640 28,542 ' Average rates are utwzeu. P H[ASIE 4 TRIP DISTRIBUTION U' ION AND 'II'I 11P ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 24 to assign the Round Hill Center Phase 4 development trips (Table 14) throughout the study area roadway network. Figure 25 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. PHASE 4 2022 BUILD -OUT CONDITIONS The Round Hill Center Phase 4 assigned trips (Figure 25) were added to the 2022 background traffic volumes (Figure 22) to obtain 2022 build -out conditions. Figure 26 shows the 2022 build -out weekday and Saturday ADT as well as weekday AM/PM peak. hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figure 27 shows the respective 2022 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 15 to show the 95'h percentile back of queue and levels of service for each lane group during Phase 4 2022 build -out conditions. A Phased Traffic Impact Analysis of the Round Dill Center R+A Project Number: 15233-1-0 November 25, 2008 PHPage 52 Unsignalized r New Unsignalized "Nerr �9i Intersection Intersection" Intersection Intersection" New Q 9 d Intersection" " � Unsignalized F Intersection{ All Way Stop "New Unsignalized IBJ(C)q No Scale V Intersection" v v�gCB)1B Intersection Way Stop q(q) IqJ°F (/ All P ° °sedArrW "New = b Unsignalized Intersection" a c� cA Road r� ''ten. qCB)/BJ+ Intersection All Way Stop o � o SITE -4 (B)IBI 37 z +� h • ate, q�F �// Unsi nalized 1 g Intersection * W p Ln 1 SignalizedF Intersection LOS=C(B)IA] U v U a vI d "Suggested Improvements" Signnlizalion WB-]Thru ii �A(B)IAI 10c l� �E(B)ICl' 1 c C 1 (c c *iCI(E)Bb ¶r o o e ll u Vila IBI(B)D n •7 i Signalized improvements" �J Intersection SignaliznBon L05=A(B)IBI EB - I Left U WB - I Thru, I Righ SB - I Left, I Right U_ lc1(c)q� � Signalized "Nery Intersection Intersection" LOS=B(C)ICI = .�' Intersection - m Improvements" Intersection EB - I Thru LOS=C(D)IBgC LOS=C(F)lE)ff In B(F)IBI �Rgso-Ram c 4,%,� �C(D)JAI err IFI(F)c� �S � ICI(C)D= g' V Si nalized Intersection 2� \ e4 6 Signalized "Suggested Intersection ` improvements" •EB, WB- I Thru LOS=F(F)IFI�Sq0 LOS BD)IAl SBRlght - Free c E(F)IF 1 Q,,yy 1 q` e1 vmg Los BtC)IBJ JB(E r IF)(F)F��Ea 1 a C ED IB)(D)B �s c ..;i Si nalized Signalized ^suggcsteu A % g = Improvements" �- Lriersection p q l{� Intersection C EB,11-1 Thru WIC ,�AJw aa� q(B)IC LOS=r(F)IDJ LOS=D(F)IDJ a NB -I Right �41 c� F(F)IEJ 50 D(F)IDl I Signalized 4 Signalized "Suggested ICl(F)F �' 1 c t Intersection 5 Intersection improvements" IBI(F)B—.A LOS=D(F)IDI q` LOS D(C)IDI WB-I Thru k7Q c� 4Q�'� c c �np�r =—C(F)IC) c Jjq : (A)ICl r Denotes field Conditions w as ° CDenotes ]Free ]Flow Conditions * Denotes 1(Jnsignalized Critical Movement AM[ ]Peale Hour(PMI Peak Hour)[SAI' Peak Hourl Note: See Table 15 for levels of service by "bane Croup" -7 Figure 27 Lhasa 4: 2022 Build -out Lane Geometry and ILOS A Phased Tra-(rc Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 56 I- L-1 0 CONCLUSION Based upon the Synchro analysis results, assuming the suggested improvements, the intersections of Route 50/Poorhouse Road, Route 50/Spinning Wheel Lane, Route 50/Silver Lake Boulevard as well as all intersections along the New Proposed Road will maintain overall levels of service "C" or better during 2012 Phasel, 2018 Phase 2 and 2020 Phase 3 build -out conditions. All other study area intersections during Phase 1 through Phase 3 will maintain levels of service "D" or better. During 2022 Phase 4 build -out conditions, all the study area intersections, except the intersection of Route 50/Route 37 northbound ramps, will operate with overall levels of service "D" or better. The aforementioned intersection of Route 50/Route 37 northbound ramps will operate with levels of service "F" in PM peak hour conditions assuming the improvements. Based upon the Highway Capacity analysis results, assuming the suggested improvements, Route 50 will maintain link level of service "D" or better during all four (4) phases. The link levels of service shown in all lane geometry and levels of service figures represent the worst -case levels of service of two directions. The following describes the improvements suggested at each study area intersection during all four (4) phases: Phase 1 (2012): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining YVheel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane and a southbound left -turn lane will be required. - Route 50/Route 37 southbound ramps: A free -flow right -turn in southbound direction will be required. �> Phase 2 (2018): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining Mieel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane and a southbound left -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Route 37 southbound rmnps: A westbound through lane and a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new coruiector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Spinning Wheel Lane. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road and Spinning Wheel Lane. A Phased Tra(tc hnpact Analysis of the Round Hill Center Project Number: 15233-1-0 PHP +November 25, 2008 Page 60 Phase 3 (2020): =Route 50/Po07-house Road: Signalization will be required. Route 50/Spi7li77g lVieel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane as well as a southbound left - turn and right -turn lane will be required. Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. Route 50/Route 37 southbound ramps: A westbound through lane and a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spinning Wheel Lane and Poorhouse Road. Phase 4 (2022): - Route 50/Poorhouse Road: Signalization and a westbound through lane will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -tun lane, a westbound through and right -turn lane as well as a southbound left -turn and right -turn lane will be required. - Route 50/Silve7- Lake Road: This is a new intersection. Signalization will be required. - Route 50/Rou7zd Hill Road/Retail Boulevard: A westbound through lane will be required. - Route 50/Bota7ical Boulevard: An eastbound through lane and pavement re - striping in northbound and southbound directions will be required. - Route 50/Route 37 southbound ramps: An eastbound and a westbound through lane as well as a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: An eastbound, westbound through lane, a northbound right -turn lane as well as other regional improvements will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spinning Wheel Lane and Poorhouse Road. NOTE: Funding source for the aforementioned improvements has yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. A Phased Traffic Impact Analysis of the Round Hill Center PHR+A Project Number: vemb r 25, 2 1 8 November 25, 2008 Page 61 _. Round Hill Community Land Use Plan 2007 (Adopted by the Board of Supervisors on November 14, 2007) Guiding Principles The Round Hill Conununity has two distinct areas, the long established Round Hill Rural Conununity Center focused around Round Hill Road (Route 803) and the developing cornrnercial area along Route 50 (Northwestern Pike). This plan encompasses both of these areas. The plan has two primary goals - first, to protect and enhance the character of the established rural community center and second, to create a vibrant, functional and well -designed connnercial center. While the two areas are distinct, this plan seeks to link them by efficient roads and multi -purpose trails and sidewalks and to locate a park and other public facilities in the Round Hill Conununity for the benefit of both the residents and the workers. As with previous versions of the Round Hill Conununity Land Use Plan, a key goal of this plan is to provide public sewer and water access for the existing residents of the Round Hill conununity. Land Use Round Hill Rural C07727711171ity Center The core of the long established Round Hill Rural Conununity Center consists primarily of residences. In the past, a number of small businesses have been located in the core area, but few of these remain today. The development pattern established in the Round Hill Rural Conununity Center consists of both small lots along Round Hill Road, Poorhouse Road, Woodchuck Lane and other roads, and the larger lots and small farms on the periphery. Both residential patterns should continue. The farms and large lots on the periphery of the Round Hill Rural Conununity Center should be maintained to preserve the rural character. In order to further preserve the existing character of the area, no part of the Round Hill Rural Cornnunity Center should have high density housing. Most residential lots in the Round Hill Rural Conununity Center are less than one-half acre. These residential lots contain single family detached housing on wells and septic with reduced front yard setbacks. This historic development pattern cannot be accorm-nodated within the existing RA (Rural Areas) Zoning District, which allows one residence for every five acres and requires primary and reserve drainfield areas. A new zoning district should be created to accommodate infill development that is in character with the area. Such a district should address housing types, lot sizes and setbacks. The new zoning district should also address design standards for street trees, curb -side parking, signage, lighting and underground utilities. The new -0 zoning district could allow for modest conunercial/retail uses (with discreet signage) to serve surrounding residents. In recent years, new residential development in Round Hill has been limited due to private health system requirements. Expansion of the Sewer and Water Service Area (SWSA) in 2006 has given the opportunity for some existing residents to connect to public water and sewer, at the property owner's expense. Once a new zoning district is adopted to acconunodate in -fill development, the County will need to re-examine the SWSA boundary to determine whether any other areas in the Round Hill Rural Conmlunity Center should be enabled to connect to public water and sewer services. Rezonings to the new district should not be allowed prior to the availability of public water and sewer. Developing Conunercial Areas Conunercial, medical support, medical offices, educational, and public use development are important components of the Round Hill Conununity Land Use Plan. Historically, highway commercial uses have located along Route 50 (Northwestern Pike). These uses include gas stations, car dealers, restaurants and small retail establislunents. Some of these uses still exist. In more recent years, Round Hill Crossing (including the large Wal-Mart center) has begun to develop on the north side of Route 50. This 70 acre site will ultimately accommodate retail, restaurant and business development. The Winchester Medical Center — West Campus, with 102 acres to the east of Round Hill Crossing, has both a retail component along Route 50 and a medical component. The northern portion of the Medical Center's West Campus is zoned MS (Medical Support) District. Together these two large developments have changed the nature of land development along Route 50. Large-scale commmercial development is now a dominating presence in the Round Hill Community. Growth and development should be carefully planned to take advantage of the close proximity of the Winchester Medical Center. Two distinct types of conunercial development are evolving in the Round Hill Conununity— a general conunercial area along both sides of Route 50 and a medical support and education area located on the north side of Route 50. The general conunercial areas already under development on both sides of Route 50 function as a gateway to and from the City of Winchester. Therefore, an objective of this plan is to create an attractive, functional conunercial area and to prevent the creation of a typical conunercial strip. Consolidated entrances are strongly encouraged to avoid multiple -entrances along Route 50. Inter -parcel confections will be necessary for the small lots to develop. Standards have already been developed that will minimize the visual disruption to the Route 50 corridor (see Figure 13A). These include standards for shared entrances, inter -parcel connectors, green spaces along Route 50, screening of parking areas, screening between commercial properties and existing residences, size, number and location of signs, underground utilities, and landscaping. These standards strongly discourage individual business entrances both for aesthetic reasons as well as for transportation safety and efficiency. Major conunercial establislunents should connect to Route 50 at signalized intersections. -2- A continuation of the general commercial area is planned in the vicinity of Ward Avenue and Stonewall Drive. As this area redevelops, new developments will be expected to follow the Route 50 standards (Figure 13A) that apply to small parcels on the south side of Route 50. Consolidation of these small parcels is the key to redeveloping this area. A minor collector road, to join Round hill Road (Route 803) and Ward Avenue, is planned to funnel traffic to two key intersections on Route 50. 13A IDesi�n Principles Encouraged for the Round Hill Route 50 Corridor Street trees in the median, along both sides of the ditch; Freestanding business signs — one monument style sign per development (Maximum size - 50 feet, maximum height — 12 feet); Crosswalks at signalized intersections, with signals for pedestrians; Interparcel comiectors required between all properties planned for connrnercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Corninercial entrance spacing — Conunercial entrances are strongly discouraged on Route 50. If no other alternative exists, entrance spacing - 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph; A row of evergreens in addition to the ordinance -required buffer and screening adjacent to areas planned to remain residential; Underground utilities; Placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a ten foot asphalt bike and pedestrian trail, orrnamental shrubs and street trees along Route 50; South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a five foot concrete pedestrian sidewalk, ornamental shrubs and street trees along Route 50; Due to its close proximity to the Winchester Medical Center, the north side of Route 50 offers a unique opportunity to accommodate medical support, medical offices, educational, public use, and commercial uses. Therefore, the Round Hill Community Land Use Plan should provide for large campus style development of the north side of Route 50 for medical support, medical office, educational, public use, and commercial uses. A number of large open tracts of land exist in this location. The campus style development should provide for boulevard street designs, street trees, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. In order to minimize areas of impervious surface, decked or structured parking or increased building heights may be warranted. High quality building designs and materials are expected. Small plazas at the building entrances or in the center of a group of buildings are suggested. Site -3- design standards are expected to exceed those established for the Route 50 corridor (Figure 13A). Coordinated signage, lighting and street furniture are sought. All of the conunercial areas in Round Hill should provide connrnercial services and employment opportunities that are accessible to the residents within the Round IIill Rural Community Center via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the connection of such areas to the existing residential areas by a network of multi -purpose trails, sidewalks and intersections with pedestrian actualized signals. Transportation The County's Eastern Road Plan and the Win -Fred Metropolitan Planning Organization (MPO) 2030 Transportation Plan call for Route 50 to be improved to a six -lane nninor arterial road between Route 37 and Poorhouse Road (Route 654). West of Poorhouse Road, Route 50 is planned as a four -lane minor arterial. Sidewalks are planned on the south side of Route 50 and multi -purpose trails on the north side. Developments along Route 50 will be expected to incorporate these road improvements. A north/south collector road, parallel to Route 37, is included in the Route 37 West Land Use Plan. This road is also incorporated into the County's Eastern Road Plan. A section of this road, Botanical Boulevard, is being built with the Winchester Medical Center — West Campus development on the north side of Route 50. Should properties further to the north develop, this road should eventually connect to Route 522 (North Frederick Pike). An east/west collector road, parallel to Route 50 is also included in the Eastern Road Plan. A section of this road, Petticoat Gap Lane, has been proffered with the Round IIill Crossing development. This road is envisioned as an urban divided four -lane cross-section that includes landscaped medians, controlled left turns, street trees, and pedestrian and bicycle facilities, to ernhance transportation on the north side of Route 50. Development proposals will need to acconnrnodate the continuation of this collector road. The location shown on the plan is general, with the precise location of the east -west collector road remaining flexible. A new north/south major collector road is planned through the Winchester Medical Center -West Campus that will serve the West Campus and provide access to the future Route 37 interchange located north of Round Hill. While this road is envisioned as an urban divided four -lane road that includes landscaped medians as well as pedestrian and bicycle facilities, it may initially be built as a two-lane road because development to the north may not occur for many years, if at all. The location shown on the plan is general, with the precise location of the north -south collector road remaining flexible. Vehicular management access is reconunended throughout the Round Hill Rural Community Center, particularly along Route 50. A six lane arterial road should not include multiple access points. Ideally, primary vehicular access should be limited to four signalized intersections along Route 50 with additional conunercial entrances plarmed at appropriate intervals to facilitate safe and efficient traffic movement. -4- Noted throughout this plan is the requirement for alternative modes of transportation, such as pedestrian and bicycle facilities. The plan calls for an interconnected system of multi -purpose trails and sidewalks. It is critical that these alternative modes of transportation link the entire Round Hill Rural Corrnnunity Center A fixture Winchester Medical Center internal road over Route 37 should provide a sidewalk and trail for bicycle and pedestrian access. The County should also encourage the extension of existing bus routes to serve the area. Ideally, bus stops should be located at all of the conunercial centers. The development of new road systems, new signalization and improvements to existing road systems are all elements of this plan. It will be the responsibility of private property owners and developers to ensure that these improvements are made. No rezorungs should be approved until the County is certain that the transportation impacts of development will be mitigated and the improvements facilitate the goals of the Comprehensive Policy Plan. As with all areas of the County, Level of Service "C" should be maintained on roads adjacent to and within new developments. Environment A number of enviromlental features are found in the Round Hill Conununity. The area is dominated by two major natural features — Round Hill itself, which is west of Poorhouse Road and a nortlu/south ridgeline. The ridgeline, west of Round Hill Crossing, is highly visible and should be sensitively developed. Ponds, streams and floodplains are present and will need to be taken into consideration so as to minimize and/or mitigate negative impacts with any future development. These natural areas provide an obvious location for a trail system. Historical Resources Round Hill is one of the older settlements in Frederick County. The original village was located at the base of Round Hill. The conununity today includes a small number of eighteenth and nineteenth century dwellings. Approximately 30 late -nineteenth century and early -to -mid twentieth century houses, primarily American Foursquares and I -houses are located in the area. The mid -nineteenth century Round hill Presbyterian Church and the early -twentieth century Round Hill School (now used as a residence) are also located in this conununity. Protection of these historic structures is encouraged. Public Utilities A fundamental issue for the development of Round Hill has been the provision of public water and sewer. Development of the area is dependent on the availability of appropriate infrastructure. The Sewer and Water Service Area (SWSA) has been expanded to portions of the Round Hill Rural Conununity Center several times in recent years. This plan does not reconunend rezoning land within the Round Hill Rural Conununity Center for conunercial development prior to the availability of central sewer and water. It is also reconunended that as land is developed over time and infrastructure extended, that new developments further the goal of providing sewer and water to the core residential area of the Round Hill Rural Conununity. -s- Future development should facilitate the availability of sewer and water in two ways — the sizing of utility pipes to insure capacity for all of the Round IIill Rural Conununity Center, and providing utility easements so that adjacent property owners have the ability to extend and connect to public water and sewer. The Round Hill area will ultimately be served by two wastewater treatment plants. The area inunediately west of Route 37, including Winchester Medical Center — West Campus and Round Hill Crossing are currently served by the Opequon Water Reclamation Facility. The transmission lines serving this facility have limited capacity. Therefore, future development south of Route 50 and also west of Round Hill Crossing are planned to be served by the Parkins Mill Wastewater Treatment Plant. An expansion of the Parkins Mill Plant has been designed and the expanded plant should be operational in 2009. Adequate wastewater capacity to serve the Round Hill Rural Conununity Center should be available by 2010. Future development proposals will need to demonstrate that sufficient sewer capacity exists. Water lines exist on Route 50 in the area of Round IIill Crossing and the Winchester Medical Center — West Campus. These water lines have sufficient capacity to provide the volume of water identified in the Round Hill Conununity Land Use Plan; however, they do not have sufficient pressure. To provide adequate pressure, existing line pressure will have to be boosted and water storage provided. Public Facilities Public facilities to serve new development in the Round Hill Conununity may be required in the future. It will be necessary for future development to provide a site for such public facilities. The Round Hill Volunteer Fire & Rescue Company, in particular, is in need of a site for a new facility. Parks The Round IIill Conununity has one neighborhood park, at the Round Hill Volunteer Fire & Rescue Station. A children's play area is maintained by the Frederick County Department of Parks and Recreation and the fire company maintains a ball field. The scope of this park could be expanded, possibly with the relocation of the fire station. The commercial, medical support, and institutional land uses north of Route 50 should include a new park, ideally in the area of the large pond. This park would be visible from Route 50 and could serve as the visual focal point of the entire Round Hill Community. The park should be a passive recreational facility with trails, benches and outdoor eating areas. The park should be designed to serve both onsite workers and residents of the Round Hill Rural Community Center. A linear trail could also link this park to the smaller pond to the north. The Park's trail/sidewalk network should be the interconnected trail system as described in the transportation section. Consideration should be given to establishing a trail along the ridgeline between Route 50 and Route 522 and a trail at the southern edge of the Round IIill Comununity to link to the Green Circle in the City of Winchester. Development Impact Model. On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 25, 2008. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after June 25, 2008 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,818 Town Home Dwelling Unit = $16,965 Apartment Dwelling Unit = $ 8,975 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $742 $547 $557 General Government $0 $0 $0 Public Safety $0 $0 $0 Library $481 $368 $368 Parks and Recreation $2,331 $1,782 $1,782 School Construction $20,265 $14,268 $6,268 Total $23,818 $16,965 $8,975 A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/25108 13 ^ _ wOMMNQLOW e° o 41 A 6 r 0 41 A 168 . _ r 126.5 41 A 169 Y ��"0 Q O P _ 608 41 A 55 ' n Q 141.45�� rn 654 N a 52 h1 41 A 170 a o 42 A 180 0 52 A l 0 29 P 274.16 • j1.25 hti ryh� 52 A 47 156 67 53 A 1 96.69 ' 7 ti h'L hh 0 • • 53 A 69 -low ��� I� r owe + • ° '� `'w` _�_� �� ..52 A 261 135.87 1 52 A 0 Round Hill Community Land Use Plan N�1 I (Feet 0 750 1,500 • Proposed Traffic Signal ♦V** Proposed Collector Roads Streets O-N—i Primary Rds Secondary Rds Tertiary Rds Winchester Rds railroads Lakes -ti — Streams Parcels Park *Illo Urban Development Area O swsa • Business Community Center Frederick County Dept of Planning & Development 107 N Kent St Winchester, VA 22601 www.CO.FREDERICK.VA.US Adopted November 14, 2007 IMPACT ANA.LYSIS STATEMENT SILVER LAKE9 ELC REZONING Tax Map Parcels# 52-((A))-C, 52-((A))-50, 52-((A))-50A9 52-((A))-52, and 52-((A))-63 Aggregate Area of 370.02± acres Gainesboro Magisterial District Frederick County, Virginia November 25, 2008 Revised February 19, 2009 Current Owners: Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 IMPACT ANALYSIS STATEMENT SILVER LAKE, LLC REZONING Tax Map Parcels# 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 Aggregate Area of 370.02± acres Gainesboro Magisterial District Frederick County, Virginia November 25, 2008 Revised February 19, 2009 Current Owners: Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 0 Greenway Engineering Silver Lake, LLC Rezoning General Information Location: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poor House Road (Route 654) Magisterial District: Tax Map Parcel Numbers: Current Zoning: Current Use: Gainesboro Magisterial District 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 RA, Rural Areas District Residential, Radio Station, Agricultural, and Unimproved Proposed Zoning: MS, Medical Support District — TM 52-((A))-50 B2, Business General District — TM 52-((A))-C; 52-((A))-50A; 52-((A))-52 & 52-((A))-63 Proposed Use: Continuing Care Retirement Community Retail, Commercial and Office Total Area: 370.02± acres C01\1PREHENSIVE POLICY PLAN The Frederick County Board of Supervisors adopted revisions to the Round Hill Community Land Use Plan on November 17, 2007. This Comprehensive Policy Plan amendment incorporated approximately 481 acres of land within the Sewer and Water Service Area (SWSA) and established guiding principles for land use development within the rural community center and developing commercial areas. The 370.02± acres owned by Silver Lake, LLC were incorporated into the SWSA during the Comprehensive Policy Plan amendment process. The Applicants have submitted a rezoning application request that will allow for the development of a Continuing Care Retirement Community (CCRC) and the development of commercial retail and office land uses on the subject properties. The Applicants have proffered a Generalized Development Plan (GDP), which identifies the locations of these land use areas, as well as the comprehensive road network envisioned to facilitate traffic movement within this portion of the Round Hill Community. Additionally, the development of the subject properties will facilitate the extension of public water and sewer service further into the Round Hill Community and will provide an opportunity for the relocation of the Round Hill Volunteer Fire and File 04928S 2 Greenway Engineering Silver Lake, LLC Rezoning Rescue Company. The proposed rezoning application for the 370.02± acre subject properties has been designed to implement the land use, transportation, public utilities and public facilities needs identified in the Round Hill Community Land Use Plan. Therefore, the Applicants rezoning application is in conformance with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Existing Conditions The subject properties consist primarily of open fields and woodlands with rolling and moderately sloped terrain. These properties are not in active agricultural land use and are primarily unimproved with the exception of two residential structures that are utilized as rental units, a sniall commercial structure that was previously utilized as a radio station, and the foundation and some side walls of a large residential structure that appears to have been constructed prior to 1937 and has been dilapidated since 1950. All of these structures will be removed over the course of development of the subject properties to accommodate the construction of internal road systems and commercial and office land bays. All existing structures will be permitted with the Frederick County Building Inspections Department to ensure that asbestos inspections and removal occurs and that all necessary measures are accomplished prior to demolition. Floodplains The subject properties are identified on FEMA NFIP Maps 510063-0105-B and 510063- 0115-B. FEMA NFIP Map 510063-0115B indicates that floodplain areas exist on tax parcels 52-((A))-C and 52-((A))-50, totaling approximately 30.67 acres. These floodplain areas are located in the central portion of the overall site development area and are associated with a large drainage area, which goes under Northwestern Pike to Abram's Creek. The conceptual land plan directs land bay development away from the floodplain areas; however, some impacts to this environmental feature will be realized through the construction of the east -west collector road identified within the Comprehensive Policy Plan Round Hill Land Use Plan. Additionally, minor impacts will occur within the identified floodplain area necessary to implement regional stormwater management, as well as a recreational trail system proposed within the park area identified around the pond near Northwestern Pike. The projected impacted floodplain areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. File #49285 3 0 Greenway Engineering Silver Lake, LLC Rezoning Wetlands The National Wetlands Inventory Map identifies wetland areas in the western, central, and southern portions of the subject properties. The Applicants have conducted a detailed Wetlands Delineation Study prepared by Greenway Engineering, dated November 6, 2007 for the entire project site. The Applicants have received a Jurisdiction Determination Letter from the U.S. Army Corp of Engineers, which identifies the approved wetland areas on the subject properties. These areas are delineated on the Silver Lake, LLC Property Environmental Features Map Exhibit that is included with this analysis. Additionally, a copy of the Wetlands Delineation Study and the Jurisdiction Determination Letter has been included with this analysis. The projected impacted wetlands areas will be provided on the Master Development Plan to ensure compliance with all Federal, State, and local requirements. Steep Slopes The subject properties contain minor areas of steep slope as defined, which are located primarily along the defined floodplain areas located within the central portion of the site. It is anticipated that there will be minor impacts within the defined steep slope areas primarily due to the construction of public utilities. The projected impacted steep slope areas will be provided on the Master Development Plan to ensure compliance with County ordinance requirements. The subject properties have pronounced slopes located primarily is the northern portion of the site in the area that will be developed as a Continuing Care Retirement Community (CCRC). These areas do not meet the County definition of steep slopes; however, substantial filling will need to occur within the disturbed portions of these slopes to accommodate the CCRC. All areas of compacted fill will be certified through geotechnical analysis during the site development process and all reports will be furnished to the Countyfor verification of this work. Mature Woodlands The subject properties are predominately covered with mature woodlands located within the northern, central, and eastern portions of the 370.02± acre site. The conceptual land plan for the subject properties identifies areas in which mature woodlands can be preserved, which include buffer areas, floodplain areas, and substantial areas within the proposed Continuing Care Retirement Community (CCRC) area. The Frederick County Zoning Ordinance allows for disturbance of mature woodland areas to implement planned development areas within the Sewer and Water Service Area (SWSA) and establishes replanting requirements to mitigate this impact. Therefore, the Applicants will be able to address these requirements and will identify the location of mature tree preservation areas on the Master Development Plan. File #4928S 4 10 Greenway Engineering i Silver Lake, LLC Rezoning Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service and the Frederick County GIS Database was consulted to determine soil types contained in this tract. The 370.02± acre properties contain the following soil types: 7C — Carbo-Oaklet-Rock Outcrop Complex, 2-15% slopes 14B — Frederick-Poplimento Loams, 2-7% slope 14C — Frederick-Poplimento Loams, 7-15% slope 16C — Frederick-Poplimento Loams, very rocky, 7-15% slope 17C — Frederick-Poplimento-Rock Outcrop Complex, 2-15% slope 17E — Frederick-Poplimento-Rock Outcrop Complex, 15-45% slope 20B — Guernsey Silt Loams, 2-7% slope 29 — Massanetta Loams 32B — Oaklet Silt Loams, 2-7% slope 33C — Opequon-Chilhowies Silty Clays, very rocky, 3-15% slope 34 — Pagebrook Silt Loams 35 — Pagebrook Silty Clay Loams Table 5 of the Soil Survey identifies soil types 14B, 20B, and 32B as prime farmland soils. These soil types exist primarily in the northern and western portions of the subject site. The proposed development plan identifies these areas for commercial land use and the CCRC land use. Table 10 of the Soil Survey identifies all soil types as moderate to severe for the development of roads and commercial structures due to shrink -swell potential and soil strength. Soils testing and compaction testing are standard practice for development projects and road construction; therefore, reports verifying soils suitability will be conducted throughout the development of the subject site. The soil types are associated with limestone geology, which underlies the subject properties. Limestone geology needs to be treated with care during site development to ensure that solution channels and sinkholes are identified prior to site disturbance and are designed to prevent infiltration of pollutants. The Applicant will incorporate narratives on the Master Development Plan that commit to geotechnical analysis during the site plan process to determine the location of sink holes, solution channels and other karst features and submit reports to the County Engineer for review and approval of the proposed treatment of these features as a condition of land disturbance. SURROUNDING PROPERTIES The zoning and land uses for adjoining parcels are as follows: File #4928S 5 Greenway Engineering Silver Lake, LLC Rezoning North: Zoned RA, Rural Area District Use: Orchard; Agricultural; & Unimproved South: Zoned RA, Rural Area District Use: Residential; Church & Academy & Unimproved Zoned B2, Business General District Use: Convenience Store; Motel; & Residential East: Zoned RA, Rural Areas District Use: Orchard; Agricultural & Unimproved Zoned B2, Business General District Use: Orchard & Unimproved West: Zoned RA, Rural Area District Use: Residential & Agricultural The subject properties adjoin several properties to the north and east that are primarily utilized for orchard and other agricultural land use, while adjoining properties to the south and west are primarily utilized for residential and small commercial land use. The majority of the active orchards in proximity to this site are owned and operated by Fruit Hill Orchard who operates an existing wastewater pond immediately north of the subject properties. The development of the proposed Continuing Care Retirement Community (CCR0 will occur near this wastewater facility; therefore, development plans will include the preservation of perimeter mature woodlands and established grading limits to ensure that there is no impact to this facility as a result of the development of this site. TRANSPORTATION The 370.02± acre subject site has approximately 2,400 linear feet of frontage along Northwestern Pike (U.S. Route 50) and approximately 1200 linear feet of frontage along Poor House Road (Route 654). The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area; however, this has not been quantified through traffic modeling based on various land use assumptions. Therefore, the Applicants have prepared a detailed traffic impact analysis statement in order to determine the projected impacts associated with the proposed development of a CCRC and commercial retail and office land use on the subject site. File #4928S 6 0 0 Greenway Engineering Silver Lake, LLC Rezoning A Traffic Impact Analysis (TIA) has been prepared for the Silver Lake, LLC properties by Patton Harris Rust & Associates, dated November 25, 2008, which is included as a component of the Impact Analysis Statement. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The TIA provides for a Level of Service (LOS) analysis for AM and PM peak hour weekday and Saturday traffic volumes, as well as Average Daily Trip (ADT) volumes for existing, background, and build -out conditions for each transportation phase. Additionally, the TIA provides recommended improvements to the regional transportation network that will mitigate the impacts associated with the build -out of the 370.02± acre properties and improve the LOS at all studies intersections, which are the result of background traffic impacts. Phase 1 of the TIA accounts for background projects agreed upon during the project scoping with VDOT and Frederick County, and includes the development of 570 units within the CCRC and 180,000 square feet of commercial retail on the 370.02± subject site. The TIA modeling demonstrates that deficiencies occur at several of the intersections due primarily to existing traffic and projected background traffic conditions. The TIA provides for suggested improvements to the regional transportation network during the Phase 1 development of the subject site to create acceptable LOS at these intersections. These improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 of the TIA builds on the assumptions utilized in Phase 1 through a 2% annualized increase in traffic volumes within the study area through the year 2018. Additionally, Phase 2 increases development on the 370.02± acre subject site to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. The TIA modeling demonstrates that deficiencies occur at two of the intersections not impacted during the Phase 1 analysis. The TIA provides for suggested improvements to the regional transportation network during the Phase 2 development of the subject site to create acceptable LOS at these intersections. These improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two-lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 northbound off ramp to provide for a second right turn lane, and the development of'a third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 of the TIA builds on the assumptions utilized in Phase 2 through a 2% annualized increase in traffic volumes within the study area through the year 2020. Additionally, Phase 3 increases development on the 370.02± acre subject site to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land File #49285 7 0 0 Greenway Engineering Silver Lake, LLC Rezoning use. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA. provides for two suggested improvements to the regional transportation network during the Phase 3 development of the subject site. These improvements include the provision of a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Phase 4 of the TIA builds on the assumptions utilized in Phase 3 through the build -out of background projects agreed upon during the project scoping with VDOT and Frederick County, a 2% annualized increase in traffic volumes within the study area through the year 2022, and includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use on the 370.02± subject site. The TIA does not demonstrate additional deficiencies at any of the intersections within the study area. The TIA provides for four suggested improvements to the regional transportation network during the Phase 4 development of the subject site. These improvements include the provision of a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development of a third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development of a third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. SEWAGE CONVEYANCE AND TREATMENT The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public sewer system including a sewer pump station and 8" sanitary sewer force main exists to the east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected needs and collection system requirements for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 700 gallons/day per acre is a reasonable guide for estimating the sewer impact for the commercial, office and CCRC land uses. Q = 700 gallons/day/acre Q = 700 GPD x 370.02± acres Q = 259,014 GPD projected at project build -out File 414928S 8 Greenway Engineering Silver Lake, LLC Rezoning The proposed build -out of the 370.02± subject property is estimated to add 259,014 gallons per day to the public sewage conveyance system. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system. The design capacity of the treatment plant is 8.4 million gallons per day (MGD) during summer months and 16.0 MGD during winter months, of which approximately 6.8 MGD of capacity is currently being utilized. The Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Community. This regional infrastructure will include on -site collection systems that transfer sewer through gravity, pump stations, and force mains routed along the Abram's Creek drainage area that provide conveyance to the Parkins Mill Wastewater Treatment Facility. The Parkins Mill Wastewater Treatment Facility is currently under expansion to create a 5-million gallons per day (MGD) facility. The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to be complete in 2009, which will provide adequate capacity for sewage treatment. The Applicant will direct all effluent from the 370.02± acre site to the Parkins Mill Wastewater Treatment Facility upon completion of the regional infrastructure improvements described above. WATER SUPPLY The 370.02± acre subject property is located within the Round Hill Community Sewer and Water Service Area (SWSA). A public water system including a 20" water transmission line and a 4 MGD water storage tank exist to the north and east of the subject property, which serves the existing commercial development on the north side of Northwestern Pike (U.S. Route 50 West). Analysis of this system indicates that there is sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis statement. The Applicant has worked with the Director of the Frederick County Sanitation Authority (FCSA) to determine the projected water capacity and fire flow needs for the remaining phases of development identified in the traffic study for the subject property, as well as the needs for the Round Hill Community. Based on comparable consumption estimates, the Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre is a reasonable guide for estimating the water impact for the commercial, office and CCRC land uses. The figures below represent the impact that the total build -out of the proposed land uses will have on the water supply and treatment systems. Q = 1,000 gallons/day/acre Q = 1,000 GPD x 370.02± acres Q = 370,020 GPD projected at project build -out File #4928S 9 Greenway Engineering Silver Lake, LLC Rezoning The proposed build -out of the 370.02± subject property is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via 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 Applicant will work with the FCSA on all agreements necessary to implement the regional infrastructure sufficient in size and capacity to serve the 370.02± acre site and the Round Hill Community. This regional infrastructure will include water transmission lines and elevated water storage that will accommodate the needs of the FCSA to service the portions of the Round Hill Community. The on -site water infrastructure required to convey potable water to the proposed commercial, office, and CCRC land uses will be developed by the Applicant to standards acceptable to the FCSA for future operation and maintenance. DRAINGE The 370.02± acre subject site is naturally divided into 3 distinctive drainage areas, which direct drainage from the north, east, and west towards the central portion of the site. The site directs drainage from the central portion of the site to the southeast to a large pond that is visible from Northwestern Pike (U.S. Route 50 West). The developed portions of the site for both the CCRC and the commercial retail and office land uses are proposed to be designed as a regional stormwater management system. This system will include a series of smaller drainage structures and the large pond, which are designed to promote stormwater quality and quantity to meet State and local regulations. The general location of the structures that will be utilized for this regional system will be provided on the Master Development Plan for the subject site. The underlying limestone geology may require the design of impervious liners for the proposed regional stormwater management system to ensure that infiltration of stormwater and pollutants is avoided. The Applicant will incorporate narratives on the Master Development Plan that. commit to geotechnical analysis during the site plan process to determine the appropriate design measures for stormwater management facilities that will be submitted to the County Engineer for review and approval prior to land disturbance activities. 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 square feet of structural floor area and an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4`' edition). The following figures File 114928S 10 Greenway Engineering Silver Lake, LLC Rezoning show the increase in average annual volume based on the 1,077,650 square feet of commercial and office land use, and the CCRC independent living, assisted care and skilled care residential units that are projected to develop over a 14-year period: AV = 5.4 Cu. Yd. per 1,000 square feet AV = 5.4 Cu. Yd. x 1,077 (1,000 square feet) AV = 5,815 Cu. Yd. at commercial build-out/yr, or 4,070 tons/yr at build -out AV = 5.4 Cu. Yd. per household AV = 5.4 Cu. Yd. x 1,048 CCRC residential units AV = 5,659 Cu. Yd. at CCRC build -out, or 3,961 tons/yr at build -out TOTAL AV = 8,031 tons/yr / 14-yr build -out = 573 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 14-year build -out of the subject site will generate on average 573 tons of solid waste annually. This represents a 0.28% 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 commercial retail, office, and CCRC is projected to increase the solid waste received by the Municipal Solid Waste area of the Regional Landfill by 4.0% annually. The commercial retail, office, and CCRC land uses will utilize commercial waste haulers for trash pickup service; 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 proposed project. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify structures on the 370.02±-acre site that are deemed potentially significant. Three sites within close proximity are identified as potentially significant, which include the Hodgson House (#34-93), the Hodgson -Abner House (#34-94), and Walnut Grove (#34-98); however, none of these sites are identified as properties that are potentially eligible for the state and national register of historic places. Additionally, the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) located adjacent to the subject site. The three sites identified above are all utilized as private residences. The Hodgson House is the only structure that is visible from the project site; however, it should be noted that this structure has been modified to accommodate the residential land use. The portion of the subject site near the Hodgson House is proposed as commercial land use; File W4928S 11 0 0 Greenway Engineering Silver Lake, LLC Rezoning therefore, the County Zoning Ordinance will require buffering and screening between the proposed land use and the existing residential land uses to mitigate visual impacts. The southwestern portion of the 2nd Winchester Core Battlefield area (Phase 6) is located on adjacent properties that have been incorporated into the County's Sewer and Water Service Area (SWSA); therefore, it is anticipated that these adjoining properties will develop in the future. The identified core battlefield adjoins the portion of the 370.02± acre site that is proposed as a CCRC. The development of a CCRC will require buffering and screening against the adjoining property due to the current agricultural land uses. The Master Development Plan for the CCRC will utilize the existing mature woodland areas to provide for buffering and screening; therefore, this will mitigate visual impacts to the southwestern portion of the core battlefield area on the adjoining properties. IMPACT ON COMMUNITY FACILITIES Fire and Rescue The development of commercial retail and office and a Continuing Care Retirement Community will create an impact to fire and rescue services in this area of the community. The Applicant has provided for this impact through a proffer that provides land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fare and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. Therefore, the Applicant's proffer statement more than adequately addresses impacts to fare and rescue services. Parks and Recreation The Applicant proffered land to Frederick County to provide a 10-acre site located along Northwestern Pike around an including the existing pond feature to provide for public recreational opportunities consistent with the Comprehensive Policy Plan. The Frederick County Parks and Recreation Board considered this request during their January 2009 aneeting and decided not to accept this proffered site. The Applicant has incorporated a complete network of trail systems and sidewalks that will link all commercial and office land uses and the Continuing Care Retirement Community File 114928E 12 Greenway Engineering Silver Lake, LLC Rezoning (CCRC) to create a walkable campus design for the subject properties. Additionally, the CCRC will be developed with a wellness center and other on -site services to meet the recreational needs of their community. Therefore, the development of this project will not have a negative impact to parks and recreation services. Educational Facilities The development of commercial retail and office and a Continuing Care Retirement Community will not impact public school facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund public schools. General Government The development of commercial retail and office and a Continuing Care Retirement Community will not impact general government facilities or operations. The County will receive revenues from the commercial and office development, which will assist in the annual budget necessary to fund general government services. Pile 114928S 13 AREA CALCULATIONS TYPE SQ FT OFFICE SPACE 494,600 RETAIL SPACE 583,050 TOTAL 1,077,650 LEGEND _ NATIONAL LUTHERAN HOME FACILITY ® NATIONAL LUTHERAN HOME HOUSING _ OPEN SPACE WATER FEATURES RETAIL SPACE OFFICE SPACE PARKING AND SITE LIMITS a / pli,qv 50000 SF 200 0 200 400 SCALE: 1" = 200' iii 63000 SF 1 1600 SF -6 11600 Sr \\ POUt� 6� APPROX. 2,350 LF BETWEEN INTERSECTIONS SITE ACCESS ROAO (110' ROW) If13500 SF 11500 SF 11000 SF y ' 11000 SF 11500 SF 9000 SF A SITE ACCESS / ROAD (11W ROW) 11500 SF - t 12000 SF '2000 SF 12000 SF 12000 SF / L 19800 SF SF S\ PRG �S KE P BETWEEN GTIONS a Z oc W W W N m N m N d E � C z Sy vdN� W n WQo°W F L .00 � 0~0 tC 0. vS C e0 7 4l fA z W� a1E O c W a a> W3 JWyo �.% a� a� zW�� Qcccc0 J cc J m cc IL H W z WQ >� J DATE 05/06 SCALE: I' - 200' DESIGNED BY: FILE NO. 4926E SHEET I OF I XX-XXX INTERSECTION 01 OVERALL LAYOUT L-�-F— PL�VW LBAK! �cV Z W Z PHASE 3 --- — �d� CONNECTION TO i� ` W $ POORHOUSE ROAD (OPTION •1) F ° Q3. e $m E ROUTE 60 - CONNECTION TO �`� v \`�J� NATgNALLUTIEAAN i. �� Z 95 n E -� - - - - — - POORHOUSE HOME BIM ROAD 0 `�\ LU og r - M]jr 91 E I \ I EABEGTION \ O � `�\ TEMP. 100' �` ��� LL / L NNECTION TO DIAMETER ROW AND e�0 \ j Q r POORHOUSE �( Y / ROAD CUL-D-SAC E`M ISOLATED - z o 5 4 NONJURISDIC ONAL WETL DS ND WATERS OFT „ .mil Waati_ \ \ PHASES w$$$$ CONNECTION TO OFor / POORHOUSE ROAD / 10 (OPTION •2)J' 2 2 LANE CURB AND GUTTER 8 ROAD J� ?� CONTINUATION 2 LANE CURB wY OTHEW AND GUTTER I..F OF 2 �70 ROAD NE CURB AND — // ��► GUTTER OAD C---_ D v = — ® \ 3RD TBOUND JURISDICTIONAL / �KER I `\\ rJ _ (� `� TFiiOUG SANE WETLANDS AND __ / PARCELS / wA�i+ANr w W WATERS OF THE a/ CC U.S. CL INTERSECTION 1 O F eMonALIgD rrTER8ECT10N A `rn G INTERSECTION 4 E, w eNTBsE z CnCN �; w `.A J Ar x TION %���� _ T o APPROX.LF l l 1 TEASECTION 3 L ALIZED WERBECnor+ z w / �.. INTERSEGTION �1 ROAD PHASING LEGEND - PRELIMINARY COSTS m (2008 ESTIMATES) W C7 UN AM N/ TAM 03 PHASE 1 $4,341,250 N J LA" NO (NIT AM _ Rmff(yew COfOli1f1181\ \ l8T MaGIR Tlli1M1 W/ TAPER � �� \ Ate wA n. ua F VJ wN TAPS( �PHASE 2 $4,072,813 IFTWE FOR MERGE _ 1 Miff Am LAIC IYlD OON111 w LANE TAPER w/ TAM _ TAP�1 "- -- Imp p ,E LAM.__ROUTE 6 — PHASES $3,842,375 DATE: 01/28/00 --_--------- \ —J IaT TIMI-7/1Plfl- BCAIE: KM----- tgT Ttw+ LArE wN r PHASE 4 $1,858,375 DESIGNED BY: RIX/CLR MILD CONDMOM AM w/ � TO AOaWT TUNA — ROUTE 60 — w/ TAM \ /� -- \ BY OTHERS �o I OEB5 YOYMRB CIM M6MEcTm / \ am" TOTAL PROJECT COST = $14,114,813 I - 5101i�TURN L E �ANIT TAeER - 1 - 1 3rd WEST BOUND LANE JURISDICTIONA WETLANDS WATERS THE U.S. — ._ __ -- ROSE 60 ROUTE b0 H _ t s- --- ---- — --- 0 MERSECTION 83 w 0 Z CC W W z W " m N W Q Z ��_ •N i W W � m / F / � W 2 --- �� —�-- RELOCATED RIGHT —�� TURN LANE 3rd WEST�OU W ♦ %LANE ---- - ~ 4— W cnco ------� r ------------------------------- ROUTE 60 Q i-------- _ ---- ---- F _ � a ------- ----- F J zo o > =----- --=— j—r----------- ---- — W _ \ NiTERSECTION I/ — I a W c o z -- ---I - J _I-� 1 1 ,� I I I I �. W o o q 1 I I W Y�14 i III I Q>O a mW �I >� w ROAD PHASING LEGEND - PRELIMINARY COSTS a (2008 ESTIMATES) W PHASE 1 $4,341,250 �J_//�� E- VJ PHASE 2 $4,072,813 PHASE 3 ® $3,842,375 DATE: 01/28/08 SCAL,e NTS PHASE 4 $1,858,375 DESIGNED BY'. RLX/CLIP E N0. 49289 ME OTHERS SHEET 4 OF s TOTAL PROJECT COST = $14,114,813 ERSECTION 01 T Jill -_ --> 50 NrwaecTm OVERALL LAYOUT CONNECTION TO POORHOUSE ROAD aLVER L"m PARCELS PHASE 3 , .',OORHOUSE ROAD . t CONNECTION TO (OPTION al) d TEMP. 100', CONNECTION TO DIAMETER POORHOUSE ROW AND ✓ ROAD CUL-D-SAC /^` \� PHASE 9 CONNECTION TO POORHOUSE ROAD (OPTION •2) 1� s I - ^ I - rJ rJ ` \!�INTERSECTION 1 8MALIM NTERMCTION % Y zzzz ISOLATED NONJURI8DIC AL WETLANDS WATERS OF /- 2 LARE, CURB AND GUT7 ROAD 1 -- - d 001; �--; v . 0 z W W z z W 91 8 3 z LLI A ~ Lu 5 CONTINUA 2 LANE CURB NY AND OF 2 �'!0 `t ROAD TIER /\` `• \ \�ANWE C ANDTTER i�,OAD SRD TBOUPD ` \ � ® JURISDICTIONAL �BLVER �il •\ '" Z THROU WETLANDS AND— LAIR wK�wrt WATERS OFE PARCELS W ` U.S. NNT��c CF,,•. 2 ECTION /~1. i� INTERSECTION 02 � \ l LEFT AM wr�ir iu�nw w/ TAPM STRIPE FOR LBfSE RlrfT TUN LAW MELD CONDITM= LAN[ TAPER wi TAPIR .PROVE EX38TNQ T— __.��-_-__— - —�— Lam I"w/ TA samm!® Sf1�T10N f --_—----___ 1T 1 TO A00TUNq �` .�nm � � OMLYI INTERSECTION 03 INTERSECTION 4 WEX OKWAUZED W H o —� o' .. U _ .. W 0 �� � -.ate- Y F- O W n'71_ _ � S x a ,(�� `llr , --- Q , W INTERSECTION s w Ste® rrrEReecn�_ oHj (�✓ , WW ROAD PHASING LEGEND - PRELIMINARY COSTS W (2008 ESTIMATES) W PHASE 1 E4,341,250 ul J RowT TuFm LAa. LET RO•fT TUN w/ TAM � W TAPER/���\\ LA+•T ROUTE 4 LWT TUN W. TAPM — tMff TL LNs wf T — -- ---IpfT'TfA1lr01�- A1�e� CfELD / W1 TAPM a1o11AL� � v! PHASE 2 $4,072,813 PHASE 3 $3,842,375 DAM 0I/28/08 SCAM NI8 PHASE 4 $1,858,375 D®IONID BY: RLR/CLII rDl NO. 4928s BY OTHERS slDur I or 6 TOTAL PROJECT COST = $14,114,813 BOUNDARY LINE ADJUSTMENT PLAT OF THE LAND OF u n 1 5 a 6 S/L VER LAKE, LL C GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINM FEBRUARY 15, 2008 G45 �0 I 0��0� 600 0 .... SITE Q No ' CITY OF jlhly�STERN' P ..... WINCHESTER co —7—TL7 ' VICINITY MAP 1 " = 3000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LAND OF SILVER LAKE, LLC, AS APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. SILVER LAKE, LLC, BY.• 7— rhRnc►q.�,f' •`11 JAR''• RFj . COMMONWEALTH OF VIRGINIATARY CITY / COUNTY OF U b/1 e 4 TO WIT. ��' P� C , BL THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED - * REG. #184098 E THIS_ DAY OF C1A�.�� 200� MY COMMISSION BEFORE : Q p(PIR S BY III oy�'EA MY COMMISSION EXPIRES 4a •3 i 200-9 REGISTRATION No. I P4049 NOt4RY PUBLIC NOTE.' PARENT TAX PARCEL IDENTIFICATION (i) SILVER LAKE, LLC T.M. 52-A-50 206.613 ACRES ZONE: RA USE: VACANT (ii) SILVER LAKE, LLC TM, 52-A-C 89.0971 ACRES ZONE: RA USE- VACANT SURVEYOR'S CERTIFICATE l HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO SILVER LAKE, LLC (i) BY DEED DATED JANUARY 1, 1999 OF RECORD /N THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE /N DEED BOOK 927 AT PAGE 1591 AND (ii) BY DEED DATED DECEMBER 31, 1996 OF RECORD /N SAID CLERKS OFFICE IN DEED BOOK 872 AT PAGE 318. J ON G. BL Y, L. S. APPROVALS: REVISED MARCH 2, 2008 TH op REDER/CK ColNTY SUBDIVISION ADMINISTRATOR D�� N G. BLY' a Lic. No. 2619 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane �� Engineers Winchester, TTrginia 22602 Surveyors Telephone: (540) 662-4185 4928N SHEET 1 OF 7 FAX.- (540) 722-9528 BND 08-02 Founded in 1971 www.greenwayeng.com I ❑A TM 52—A-51 ROY J. BLACK, ET UX DB. 559 PG. 688 ZONE: RA USE: RES. (1 AC) ❑D TM 52—A-53 BERNARD L. & CAROL YN R. TURNER DB. PG. ZONE: B2 USE: RES. (2 AC) ❑G TM 52—A-50A SILVER LAKE, LLC DB. 927 PG. 1591 ZONE: RA USE: RES. (11 AC) ❑J TM 53—A-70 FRUIT HILL ORCHARD INC. INST NO. 020020744 ZONE: RA USE: AGR. (O AC) ADJOINING OWNERS ©TM 52—A-51A TM 52—A-52 STEPHEN M. SPAID, ET UX © SILVER LAKE, LLC INST. NO. 070010288 DB 872 PG J 18 ZONE: RA ZONE: RA USE RES. (1 AC) USE: RES. (8 AC) ❑E TM 52—A-6J SILVER LAKE, LLC DB 872 PG J18 ZONE RA USE: RES. (55 AC) ❑F TM 52—A-56 JAMES A. BAYLISS DB 6J I PG 638 ZONE: RA USE: RES. (1 AC) ❑TM 52—A-49 TM 53—A-69 FRUIT HILL ORCHARD, INC. ❑ FRUIT HILL ORCHARD INC. DB 546 PG 194 DB 296 PG J02 ZONE: RA ZONE. RA USE: AGR. (9 AC) USE AGR. (121 AC) ❑K TM 5J—A—A FRUIT HILL ORCHARD, INC DB 848 PG 1208 ZONE: RA USE: AGR. (73 AC) ❑L TM 52—A—B WINCHESTER WAREHOUSING, INC. AND SILVER LAKE, LLC INST. NO. 030016J328 ZONE: B2 USE RES. (28 AC) NOTE 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. LEGEND 0 = PROPERTY MONUMENT = CENTERLINE OF ROADWAY EJ = INGRESS —EGRESS EASEMENT AREA TABULATION TM 52—A-50 (ORIGINAL) = 206.6130 ACRES TO TM 52—A—C =—87.5J79 ACRES FROM TM 52—A—C = 11.9841 ACRES ADJUSTED TM 52—A-50 = 1J1.0592 ACRES TM 52—A—C (ORIGINAL) = 89.0971 ACRES TO TM 52—A-50 =—11.9841 ACRES FROM TM 52—A-50 = 87.5J79 ACRES ADJUSTED TM 52—A—C = 164.6509 ACRES BOUNDARY LINE ADJUSTMENT PLAT OF THE LAND OF SIL VER LAKE, LLC GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGINIA SCALE: N/A I DATE FEB. 15, 2008 /ts� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1*414� Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com REVISED MARCH 2, 2008 TH OF � t AS N G. BLY 9 Lic. No. 2619 2- sURq 4928N SHEET 2 OF 7 BND 08-02 0 0 rn TM 41-A-170 FRUIT HILL ORCHARD INC. a DB. J41 PG. 47 D ZONE.- RA TM 52-A-47 z � USE. AGR. (274 AC) ROBERT N. CARPENTER, a ET UX i z \�G DB. 551 PG. 600 o - P ZONE. RA Z `T' O USE.- AGR. (157 AC) h� 0� QG'�P PGl 0 13 F� 0 P ❑H goo �` ❑ J`'�• �Op e\- 14 y00 It R --100- 0 ADJUSTED 36 l TM 52—A-50 34 35 37 38 SILVER LAKE, LLC 131.0592 ACRES , 39 DB. 927 PG. 1591 0 100' ZONE. RA USE. VACANT 0 BRL 11 0_ 10 0 042 17 60" 0 �0 40 � / `10� 0 O o 0�--r--o.:::::::::. ... B l :::.:: `:: •... ��0 0. ...43 60 BRL 00 �\' .: 44 0 19 DOT SHADED AREA DENOTES A 0 `� K �O\ / © / \ 45 6 : 11 'WI INR R g 1 0 DE G ESS/EG ESS O O 0 / Oo�.. EASEMENT HEREBY CREATED / (SEE SHEET 4). 0 46 \ 0 ° ADJUSTED moo. �, �/ TM 52 A—C 4�i' SILVER LAKE, LLC 164.6509 ACRES , 31 Q�pQ / DB. 872 PG. 318 N / ZONE. RA USE. VACANT L 30 ❑ 3 32 280 �z 50, 25 24 O ` BRL © — 50' BRL 33 ❑D 27 60' BRL �o 1 _0 20 NORTHWESTERN P/KE 21 2 26 23 US ROUTE 50 22 600 0 600 F VARIABLE WIDTH R/W GRAPHIC SCALE (IN FEET) BOUNDARY LINE ADJUSTMENT PLAT REVISED MARCH 2, 2008 OF THE LAND OF �TH OF SILVER LAKE, LLC GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGINIA SAS N G. BLY 9 Lic. No. 2619 SCALE• 1 " = 600' DATE.• FEB. 15, 2008 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 S U R" Surveyors Telephone: (540) 662-4185 [_IL28N SHEET 3 OF 7 Ff4X.• (540) 722-9528 Founded in 1971 www.greenwayeng. com BND 08-02 C C LFE7t� / 0�., 0 ,�O 200' BRL `tea ADJUSTED TM 52 A-50 SILVER LAKE, LLC 131.0592 ACRES DB. 927 PG. 1591 ZONE: RA USE.- VACANT 500 0 500 GR4PH/C SCALE EJ (IN FEET) ECJ 60' BRL E4 o 0 Rl DOT SHADED AREA / EC4 DENOTES A 110' WIDE / INGRESS/EGRESS / EASEMENT HEREBY / ESTABLISHED / (SEE SHEE 4). / Ec2 ADJUSTED TM 52 A-C SILVER LAKE, LLC 164.6509 ACRES DB. 872 PG. J 18 ZONE: RA USE: VACANT L-2001 6o BRA 1 ❑E E1 100 BRL u� 5O, 30 2 8 BRL 0....................................... O2a ,o -o/ 22 7 © �26 23 LINE DATA PEKE N u LINE BEARING DISTANCE L 1 S 7552'10" E 98. 16' L2 S 66' 17'J7" E 122.4 1' N�ERo��ETH o/W EASEMENT LINE DATA OR1 05 E wio N qoR OL L! 1 (55.4J ) EASEMENT CURVE DATA LINE BEARING DISTANCE E 1 N 16'3342 "° E J56.87' E2 N 41'2J'03" E 917.67' E3 S 76'5555 " E JO 1.90' E4 S J2'4641 " E 292.01 ' E5 S 71 'J6' 18 " E 292. 17' CURVE RADIUS DELTA ANGLE ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC1- 800.00' 24'49 22" J46.59' 176.06' N 28'58 22" E 343.89' EC2 1400.00' 61 '41 '02 " 1507.22' 8J5.96' N 72' 1 J'J4 " E 14J5.48' EC3 880.00' 44'09' 1 J" 678.15' J56.92' S 54'51 ' 18 " E 661.50' EC4 880.00' J8'49'J7" 596. J4' 310. 1 J' I S 52' 11 'JO" E 584.99' BOUNDARY LINE ADJUSTMENT PLAT OF THE LAND OF SILVER LAKE, LL C GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, ORGINIA SCALE.- 1 " = 500' DATE.- FEB. 15, 2008 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com REVISED MARCH 2, 2008 O, TH OF t ON G. BLY v 'c. No. 2619 �9 3 ZcH�p�1 �d SURv� 4928N SHEET 4 OF 7 BND 08-02 O CD METES AND BOUNDS DESCRIPTIONS The accompanying plats represent a Boundary Line Adjustment Survey between two parcels of land, being a portion of the land conveyed to Silver Lake, LLC (i) by deed dated January 1, 1999 of record in the Frederick County Circuit Court Clerk's Office in Deed Book 927 at Page 1591 and (ii) by deed dated December 31, 1996 of record in said Clerk's Office in Deed Book 872 at Page 318. The said land is situated on the north side of Northwestern Pike (U.S. Route 50), 0.3 miles east of the intersection of Poorhouse Road (Va. Secondary Route 654) and 1.5 miles west of Va. Route 37 in Gainesboro Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: ADJUSTED TAX PARCEL 52-A-50 Beginning at (1) a 5/8" iron rebar set in the northern right of way of Northwestern Pike (U.S. Route 50), about 0.3 mile east of the intersection with Poorhouse Road (Va. Secondary Route 654), corner to another tract of Silver Lake, LLC; thence with the northern right of way of Northwestern Pike 133.96' along arc of a curve to the left, having a radius of 3948.71', and a chord bearing of N 77°33'12" W for a distance of 133.95' to (2) a 1/2" iron rebar & cap set, corner to James A. Bayliss; thence with Bayliss N 33054'19" E - 41.94' to (3) a 1/2" iron pipe found, corner to Silver Lake, LLC; thence with Silver Lake for the following two courses: N 41040'16" E - 1089.54' to (4) a 5/8" iron rebar found; thence N 41035'45" W - 407.01' to (5) a 5/8" iron rebar found, corner to a second tract of Silver Lake, LLC; thence with the second tract of Silver Lake for the following four courses: N 52059'08" E - 566.98' to (6) a 3/4" iron pipe found; thence N 36036'20" E - 323.07' to (7) a 3/4" iron pipe found; thence N 01032'49" E - 256.53' to (8) a 3/4" iron pipe found; thence N 70003'00" W - 428.38' to (9) a 3/4" iron pipe found, in the line of Robert Carpenter; thence with Carpenter for the following three courses: N 35054'53" E - 450.06' to (10) a post; thence N 47038'06" W - 431.52' to (11) a post; thence N 40057'55" E - 112.00' to (34) a 1/2" iron rebar & cap set; thence along a new division line through the land of Silver Lake, LLC for the following twelve courses: N 86059'41" E - 196.00' to (35) a 1/2" iron rebar & cap set; thence S 83050'44" E - 229.00' to (36) a 1/2" iron rebar & cap set; thence S 56037'01" E - 204.00' to (37) a 1/2" iron rebar & cap set; thence S 67033'58" E - 242.00' to (38) a 1/2" iron rebar & cap set; thence S 29028'31" E - 179.00' to (39) a 1/2" iron rebar & cap set; thence S 16031'42" E - 805.00' to (40) a 1/2" iron rebar& cap set, a point on a curve to the right; thence 656.37' along the arc of said curve, having a radius of 1455.00' and a chord bearing of S 89°51'19" E for a distance of 650.82', to (41) a 1/2" iron rebar & cap set, the point of tangency; thence 5of7 L w a a S 76055'55" E - 301.90' to (42) a 1/2" iron rebar & cap set, the point of curvature of a curve to the right; thence 720.54' along the are of said curve, having a radius of 935.00' and a chord bearing of S 54°51'18" E for a distance of 702.84', to (43) a 1/2" iron rebar & cap set, the point of tangency; thence S 32046'41" E — 292.01' to (44) a 1/2" iron rebar & cap set, the point of curvature of a curve to the left; thence 559.07' along arc of said curve having a radius of 825.00', and a chord bearing of S 52°11'30" E for a distance of 548.43', to (45) a 1/2" iron rebar & cap set, the point of tangency; thence S 71036'18" E - 302.55' to (46) a 1/2" iron rebar & cap set in the line of Fruit Hill Orchard; thence with Fruit Hill, then Winchester Warehousing, Inc. & Silver Lake, LLC S 29005'14" W - 1705.15' to (20) a 1/2" iron rebar & cap set in the northern right of way of Northwestern Pike (U.S. Route 50); thence with the right of way for the following three courses: N 88049'57" W - 208.57' to (21) a concrete highway monument found, the point of curvature of a non - tangential curve to the right; thence 930.56' along the arc of said curve, having a radius of 5617.58' and a chord bearing of N 78°07'18" W for a distance of 929.50', to (22) a concrete highway monument found, the point of tangency; thence N 73023'40" W - 81.08' to (23) a 1/4" iron rebar found, corner to Roy Black et ux; thence with Black for the following three courses: N 36036'20" E - 300.00' to (24) a 1/2" iron rebar found; thence N 73023'40" W - 200.00' to (25) a 1" iron pipe found; thence S 36036'20" W - 300.00' to (26) an iron rebar found in the northern right of way of Northwestern Pike, corner to Stephen M. Spaid et ux; thence with Spaid N 41041'58" W - 359.46' to (27) a stone, corner to a third tract of Silver Lake, LLC; thence with Silver Lake for the following three courses: N 42021'09" W - 435.65' to (28) an iron rebar found N 41049'22" W - 265.40' to (29) a 5/8" iron rebar found; thence N 42021'32" W - 218.99' to (30) a 30" walnut tree, corner to the first tract of Silver Lake, LLC; thence with Silver Lake for the following four courses: N 41035'45" W - 626.57' to (31) a 5/8" iron rebar found; thence S 41040'16" W - 952.46' to (32) a 5/8" iron rebar set, the point of curvature of a curve to the left; thence 83.04' along the arc of said curve, having a radius of 168.50' and a chord bearing of S 27°33'10" W for a distance of 82.20' to (33) a 5/8" iron rebar set, the point of compound curvature of a curve to the left; thence 50.88' along the arc of said curve, having a radius of 50.00' and a chord bearing of S 15'43'11" E for a distance of 48.72' to (1) the point of beginning. Containing ................................................. 164.6509 acres ..ti 6of7 i CD ADJUSTED TAX PARCEL 52-A-C Beginning at (46) a 1/2" iron rebar & cap set in the line of the first tract of Fruit Hill Orchard, Inc. and corner of a new division line of Silver Lake, LLC; thence along the new division line through the land of Silver Lake, LLC for the following twelve courses: N 71036'18" W - 302.55' to (45) a 1/2" iron rebar & cap set, the point of curvature of a curve to the right; thence 559.07' along arc of said curve having a radius of 825.00', and a chord bearing of N 52°11'30" W for a distance of 548.43' to (44) a 1/2" iron rebar & cap set, the point of tangency; thence N 32046'41" W - 292.01' to (43) a 1/2" iron rebar & cap set, the point of curvature of a curve to the left; thence 720.54' along arc of said curve having a radius of 935.00', and a chord bearing of N 54°51'18" W for a distance of 702.84' to (42) a 1/2" iron rebar & cap set, the point of tangency; thence N 76055'55" W - 301.90' to (41) a 1/2" iron rebar & cap set, the point of curvature of a curve to the left; thence 656.37' along arc of said curve having a radius of 1455.00', and a chord bearing of N 89°51'19" W for a distance of 650.82' to (40) a 1/2" iron rebar & cap set; thence N 16031'42" W - 805.00' to (39) a 1/2" iron rebar & cap set; thence N 29028'31" W - 179.00' to (38) a 1/2" iron rebar & cap set; thence N 67033'58" W - 242.00' to (37) a 1/2" iron rebar & cap set; thence N 56037'01" W - 204.00' to (36) a 1/2" iron rebar & cap set; thence N 83050'44" W - 229.00' to (35) a 1/2" iron rebar & cap set; thence S 86059'41" W - 196.00' to (34) a 1/2" iron rebar & cap set in the eastern line of the land of Robert Carpenter, thence with the line of Carpenter for the following two courses: N 40°57'55" E - 1119.11' to (12) a post; thence S 53038'54" E - 520.54' to (13) a post, corner to Fruit Hill Orchard, Inc.; thence with a second and third tract of Fruit Hill Orchard for the following two courses: S 54011'37" E - 857.84' to (14) a 1" iron pipe found; thence N 66051'56" E - 1452.00' to (15) a nail in rock, corner to a fourth tract of Fruit Hill Orchard, Inc.; thence with the fourth tract S 48003'49" E - 1135.00' to (16) a 1/2" iron rebar found by 30" white oak, common corner to three tracts of Fruit Hill Orchard, Inc.; thence with the sixth tract of Fruit Hill Orchard for the following two courses: S 27021'02" W - 1439.50' to (17) a 1" iron pipe found; thence S 56033'58" E - 459.50' to (18).a 1" iron pipe found, common corner to the first and sixth tracts of Fruit Hill Orchard, Inc.; thence with the first tract for the following two courses: S 19023'41" W - 640.05' to (19) a 1/2" iron rebar found; thence S 29005'14" W - 10.55' to (46) the point of beginning. Containing ................................................. 131.0592 acres 7 of 7 3-2—� ";7_r-,_._- 0 O CD N VIRGINIA: FRFDERICK COUNTy.SCT. This instrument of writing aas produced to me oil a• I a •U�j , � at - J� and With certilitati aciznoudzdyr � x ereto annexed was admitted to record_ Tax unposmed hY Sec. 58.1-802 of and 58_ I -MI have been paid, if assessable. 4e�--t A, , Clerk 1�4 SHARK. RCCARDLISH R ROCKWOOD ._. VX Al LAW WI.CN[SI[A. CIAG M Bi(B4WN 1202 THIS DEED, made this Sky-� day of NOVtmBER, 1995, by and between THE C. L. ROBINSON CORPORATION, a Virginia Corporation, (formerly known as THE C. L. ROBINSON ICE AND COLD STORAGE CORPORATION, a Virginia Corporation), hereinafter called the Grantor, and SILVER LAKE PROPERTIES, INC., a Virginia Corporation, hereinafter called the Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00), and other valuable considerations paid the Grantor by the Grantee on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantor hereby grants, sells and conveys, with general warranty and with English covenants of title, unto the Grantee, in fee simple, the following real estate, together with all improvements and appurtenances thereto belonging but subject to all easements and legally enforceable restrictions and reservations of record affecting such realty: All that certain parcel of land containing 89.0881 acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as Parcel C on a plat prepared by S. W. Marsh, L.S., dated August 28, 1995, and being a part of the same land conveyed to The C. L. Robinson Corporation by Deeds dated October 27, 1983 and July 12, 1990, recorded inithe Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 570, at Page 209 and in Deed Book 748, at Page 1581, consecutively, and being part of the same land conveyed to The C. L. Robinson Ice and Cold Storage Corporation by Deed dated May 1, 1930, recorded in said Clerk's Office in Deed Book 160, at Page 460. WITNESS the following signature and seal: THE C. L. ROBINSON CORPORATION a Virginia Corporation By�BRoboo�i��nson, ao (SEAL) Edwardresident if SMAWII. MCCANDLHH • ROCKWOOD _..MM A, MW WINCIMM". YIACIMIA OK8t,gPOP] 203 STATE OF VIRGINIA, CITY/ G" OF W"-41- , to -wit: The foregoing instrument was acknowledged before Ti. me this 1p:_day of , 1995, by Edward B. Robinson , who is President of The C. L. Robinson Corporation, a Virginia Corporation, on behalf of the corporation. My commission expires - 2 - 1043 'G 1204 •'QtD ,j •, 1 it , 1. -f' \ OJECT•A EA` c .� Fund Hill r• i l�7' /r T J `� (�r�; "-;r; •:�`� NQNIIY MAP :. ..•• fie, SCALE: I'-20a0' APPROVED BY � �!.���-� •-•►--�^y ID 1 9•S Subdivision Administrator "— - "y Datea r OWNER'S CONSENT The above and foregoing Minor Rural Subdivision between the lands of C. L. ROBSINSON CORPORATION, a Virginia Corporation, as appears in the accompanying plot, is with the free consent and in accordance with the undersigned��wners, proprietors, and trustees, if any. R01y�S() ATION BY: .---III-``��_ J/ �., P— /1 NOTARY PUBLIC o Notary Public in and (or the slate of Virginia, of large, do certify that uc O rl Qe Ft c. _o ) , Presidgnl�hose name is signed to the foregoing Owner's Consent, has acknowledged the some before me in my state. 1 Given underk my hand this s- day of J, e,..,• Ikn� 1995. My(�commi--sion expires 53, �g4 SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this Minor Rural Subdivision is the some land conveyed to C. L. Robinson Corporation by deeds doled 1 May 1930, 11 May 1983, 27 October 1983 and 12 July 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Bock 160 of Page 460, Deed Book 560 at Page 33, DFed Fook 570 at Page 209, and Deed Book 748 at Page 1581, respectively. 7M 52 ((A)) Pcl 508 S. W. Marsh, L. S. Zoned: RA Use: Agricultural 7M 53 ((A)) Id 71A Zoned- RA Use: Orchard Final Plot for 7114 53 ((A)) Pcls 71,72 Zoned: RA M/NOR RURAL SUBDIVISION Use: Agricultural, Orchard Between The Lands Of T H of C. L. ROBINSON CORPORATION 0 1 �yJ c Gainesboro Magisterial District F (J//(« Plot: MRS-MLK.dwg Frederick County, Vir inio = S. V. MARSH o CERTIFICATE NO, DATE: 28 August 1995 cover Sheet Sheet 1 of 4 U 1843 a MARSH & L.EGGE UrKl Surveyota. P.LC <qNo SLas 1+0.1h cu; Strom Wbxte ter, vrgru. 22601 (340) as7-046e re, (540) W-0460 i IROBINSON ZONED. RA SPA/D /USE VACANT u 8K 8 4 8 i RA G 1 205 IONED: ` USE: REWDENTIA6 BLACK / /© sit \ ZONED: RA / 6 12 \ USE: RCWDENTIA(. W I L K I N S ZONED: RA 4 \ i \ USE- VACANT (Wooded) / 21 N R 5617.58' y LL T5 OF �i \ / a \ v PonoD $ 1 z o o '\\ Par,el C \ m\\ 89,0881 A cres t\1\ \\\ \ \ 7 \\�~ \\\\\ 50' In9ress/E9ress casement �j> \N \ / Parcel B \�� } / 15 167.0960 Acres I ) , a1 M A T C H L I N E (Sec Sheet 3 of 4 0 250 500 1000 Graphic Scole in Feet I = 500' r See Sheet 4 of 4 for Line Table and Area Summary. Final Plat for MINOR RURAL SUBDIVISION Between The Lands Of C. L. ROBINSON CORPORATION ?� 4ATE1 Goinesboro Magisterial District Plot: MRS-WtK.dwg Frederick County, Vir inia S.SHCERTIFINO. DATE: 28 August 1995 SCALE: 1-=500' Sheet 2 of 4 u 1843 D HARSH & LEGGE (qN0 st>1z� Land Surveyors, PJLC. 139 North Camerm Siicat M'Md�fef. Vtrgb L. 22601 No (sw) 667-aee r„ (310) 667-0169 REND / ZONCD: RA USE., RESIDCNAAL1 SEE SHEE 4 OF 4 iiFF////// 111111 i. RENNER ZONED: RA USE. REt l` , X"NSpN / ZONED: RA� / USE: 1 . 111( 8 6 G 1 �7A /2 0 61 N E (See Sheet 2 of 4 PY3 l 1 1\ \� O ^ / C 60 R/W Z 1 / I /{ereby VOCOted �0 b (� 12 // o Parcel A �78.3254 Acres V / � JONNSON ?��c0� ZONED: y0 I(/SE: VACANT !l 1URNER ��d'� � � 'yj• j ZONED: RA H AN yQ I ' USE. RESIpENTAL ZOIJED. RA USE: RESDENTIAL fir' 1 of 1 P`ca- ' "oO• �OG� � � �c� 'per 0 250 500 1000 Graphic Scale 61 Feet 1._,5,X. i \ap. /�' /O�bf• �P�p, \may i 559 M p 0 Pv O��ORG� t. `�J\t Jam,•. See Sheet 4 of 4 for Line Table and Area Summary. Final Plat for MINOR RURAL SUBDIVISION Between The Lands Of C. L. ROBINSON CORPORATION Goinesboro Magisterial District Plot: MRS-WLK.dwg Frederick County, Vrginta L — 3CEkTIFICATE DATE: I September 1995 SCALE: 1'=500'Sheet3 of 4 aMARSH & -LECQE Lend Surveyors. P.LC. 139 wKh Cvneon street WkwheMa. 11"Wo 22601 t<40) ee7-046Z re, (e40) aer-aes SEE SKEET J OF 4 C,E R A uBi ARL'f( A'�OV B s NIT / Prucel 80 / J Reid O U.3465 Acre + CL. RORNSON PARCEL B 1 a SCALE: I '=100' TAX MAP 5J ((A)) PARCEL 80 DB 715-P 819 ZONED- RA USE. RESIDENTIAL Area Summary PARCEL A 78.3254 ACRES PARCEL B 67.0960 ACRES PARCEL C 89.0881 ACRES TOTAL AREA SUBDIVIDED 234.5095 ACRES PARCEL 80 0.3465 ACRES TOTAL AREA 234.8560 ACRES Notes I. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set of all property corners. Line Ta bl e L E DIF£CTION D15TANC£ 1 N70 J4 04 W 77.46 1 N70J4'04 IV 65.06 J N09 51 51 E 26. J8 4 5897J 06 E 17.00 5 N79'5J 54 E I2.00 6 N28'4,! 06J6 W 26.00 7 NJI'0454 E 146.70 B N66'40 06 W 90.60 9 SIBJI5I W 210.72 10 N66400J 11i ITO. 00 11 N85'07 57 W 126.42 11 N7J5525 W 215.00 tJ N80'1J Jl W J00.00 r4 SIBJI56 W 77 15 N740048W 550.48 16 N6909 .W 200.68 I7 N788 00 200.7 _ 18 N73584J IV4444 19 N65'4554 W 1 20 N79504 W ?18085... 11 N64'J0Ib W 91.08 21 N457944 E J00.00 23 N64 ;30 16 W 200.00 24 545 29 44 W J00.00 25 NJ2'45J4 W J59.46 26 NJ37745 W 435. 55 27 N325559 W 265.40 TM 51 ((A)) Pc/ 50B 08 570 - P 209 Zoned: RA Use: Agricultural TM 53 ((A)) PN 71A DB 560 - P JJ Zoned: RA Use: Orchard TM 53 ((A)) Pc/-9 71,72 DB 160 - P 460 ZonedRA Use: Agricultural, Orchard VIRGINW FREDErUCK COUNTY, OCT. ThlsIrumant of writs, feWrs prod ,me n h* eyof t8 at end w corlL•ics i1 n:^knowludSm9nl thereto annexed weo admltMQ w :,-c,rd. Tax I:,pc:;d 4 Sec. 50 1.t02 of S..YL'1.7,.e and S4!.1-E01 have wan p:.1d, n assassebie. ��o✓, _ � ��,% Final Plot for Cldrk MINOR RURAL SUBDIWSION Between The Lands Of VA, 1 H °F t C. L. ROBINSON CORPORATION 1 Coinesboro Magisterial District Plot: MRS-WILK.dwg Frederick County, Virginia 2 S�ARSH t7 CERTIFICATE No. DATE: 1 September 1995 LINE TABLE Sheet 4 of 4 U 1843 D MARSH a IL.EGGE H 1� Land Surve om P.LG q 0 SllR 139 North hmerai Sheet Wtrrchmter, Vlrylnlr. 79601 (540) e67•0448 ro. (540) ee7-04e0 0 52 __4 r. ��_OA • BMB.: fmC 1 6798 04-15-91 o rA 6K750i,IC)"8 AFFIDAVIT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, ►rthur Holt, President of The Holt Corporation of Virginia, Inc., after having first been duly sworn, makes oath that the tract of land leased by The Holt Corporation of Virginia, Inc. to Carlton H. Holt and Donna L. Holt by Lease dated July 31, 1989, which Lease is of record in the Clerk's office Dead Book he at Circuit Court of Frederick County,Virginia Page 190, is included within the 11.3984 acre tract as surveyed by Louis J. Matacia, dated April 5, 1991, Zttuched hereto and by this reference made a part hereof as if set oilt in full; and that further, the said Holt Corporation of Virginia, Inc. and Arthur Holt individually, will indemnify and save harmless James R. Wilkins, Jr., purchaser of an adjacent 205,3876 acre tract from any loss or damage, including reasonable attorney's fees, by reason of said Lease. That further, The Holt Corporation of Virginia, Inc. and Holt, individually, agree to execute such further documents required by Lawyers Title Insurance Corporation n connection with a title policy to issue on the 205.3876 acre tract; that the said 2 acre tract of land is not within the bounds of the 205.3876 acre tract. WITNESS Lhe following signatures and seals: THE HOLT CORPORATION OF VIRGINIA, INC. B (SEAL) pgTHUR HOLT, President (SEAL) THUR HOLT STATE OF VIRGINIA, CITY _ OF WINCHESTER _ , TO -WIT: Subscribed and sworn to before me this 6th day of April, 1991, by ARTHUR HoLT, Individually and as President of The Holt Corporation of Virginia, Inc. My commission expires September 30, 1993 4. _ /l ii . This i truFRED0 �hi�P as pr uoed to me on the --(by 191 i-a withCCrt of ach�n�wia ig reto annexed w.as admittOd t 000rd. CLERK FINAL PLAT FOR MINOR RURAL SUBDIVISION OF THE LAND 6 4 OF ARTHUR HOLT CORP. OF VIRGINIA, INC. Gainesboro Magisterial Distrtct i :rederick County, Virginia ,,,LCUtS d. MATACIA Coale: 1" = 200 Feet April 5, 1991 CERTIFICATE 78 No. a Louie J. Matacia, C.L.S. �o p. 0. Box 176 t Bluemont, Virginia 22012-0176 �LAND� The property is located 2.8 miles west of Winchester on the north side of U.S. Rt. 50. SURVEYOR'S CERTIFICATE: 1, Louis J. Matacia, a duly certified Land Surveyor in the State of Virginia, do hereby certify that the land shown hereon as 11.3984 Acres, a portion of Tax Map Parcel 52-A-50, is now in the name of Arthur Holt Corp. rded December 24, 1981 in Deed of Virginia, P43ndnwas theaLandred and RecordsrofoFrederick County, Virginia. Page Book 596 at _ _ginia. I further certify that the property is properly and accurately described and is within the boundaries of the original tracts and that monuments found or set are in place as shown on the survey plat. pYH4%`n� a�tc:t April 5, 1991 SEAL Louis J. Matacia, C.L.S. OWNER'S CERTIFICATE: I, Arthur H. Holt, President of the Arthur Holt Corp. of Virginia, Inc. of the land shown hereon and described in the "Surveyor's Certificate" so hereby adopt this plan of the FINAL PLAT FOR MINOR RURAL SUBDIVISION OF THE LAND OF ARTHUR HOLT CORP. OF VIRGINIA, INC. in accordance with the Frederick County Ordinance with the free consent and in accordance with the desires o undersigned, as President. APRIL 15, 1991 - DATE: AWrhur H. Holt, Presidnia, Inc. Arthur Holt Corp. o Rt. 9, Box 34 Winchester, Virginia 22601 WINCHESTER COMMONWEALTH OF VIRGINIA , IOF ' TO WIT: ACKNOWLEDGE BEFORE ME IN MY OOUNTy AND STATE AFORESAID THIS 45t�DAY OF _ APRIL , , 1991. SEPTEMBER 15, 1992 i My Commission Expires APPROVED BY: V ural vision with The PARS, 11.3984 Acres is approved for a minor i t b stheisurveyor. an approved sew ge disposal site as shown on the p Y I Approved BY hd %�D} _ i-q u '.^g_ Y f Winchester -Frederick County Health Department gDate APF�I(�--�i SUBHdiL SIO ADMINISTRATOR: Date: W. Wayne Mille , Zoning Administrator of Frederick, Dept. of Plan. &(A copy of th 1 Clerk of the Court oshallpbetreturned ee with tothe Subd n by the Administrator.signatioof recordation PAGE 1 OF 3 • • BK758�L'i 650 �/� i LoTJIS :. MA ;XJA, INC. BK758P1„sr vw P.O. Box 176. Bluernonl. Virginia 22012 1 APRIL 5, 1991 Lout J. matocia Cettllled Land Surveyor DESCRIPTION OF A PORTION OF TAX MAP PARCEL 52-A-50• Tax Map Parcel 52-A-50, Gainesboro Magisterial District, Frederick County, Virginia, Located west of Winchester, Virginia and North of U.S. Route 50 and Fast of 54, knoas "Poor ouse d Book 86, Page i199nin the rgiia tLand uRecords te No. 6of Frederick CountyHCourtRHouse, Virginia. "Beginning at a metal rqd found in the gravel road, said point being the common corner of Carpenter's southeasterly corner, the northerly line of Kenray, the westerly corner of Holt Limited partnership, p Y Y A. Ebert, D. B. 296, Page 198, a 85.12 Acre tract, the southwesterly corner of a 60 foot right-of-way, said rod being 13.4 feet southwest of an existing fence post corner on the land of Carpenter, rod being on the southerly side of a one lane gravel road leading west to Virginia State Route No. 654; 75.39 feet townironh CE withpipe setthe t1.5yfeeteof eastNofson theLexistingtfence3line0in2theEgrass, about 6 inches above ground; ;r CZ t _cabh the _"perty of Holt Limited Partnership S 69` 54' 30" E 428.22 feet to an iron pipe set about 8 inches above the ground; T'1I7rCE S 1" 41' 17" W 256.53 feet to an iron pipe beside a 12" tree; THENCE S 360 44' 48" W 323.07 feet crossing an electric power line, a buried water line leading to the Radio Station and a gravel roadto an Iron pipe, 8" above ground in a grass area; THENCE S 530 07' 36" W 566.84 feet through a wooded area to an iron pipe set in a fallen stone fence line with a wire fence, the Northerly line of Kenray; THENCE with the northerly line of Kenray NJ41* 46' 02 dat396-90ed t.fee' to the the beginning as per boundary survey by Louis Survey plat to be recorded with the written description, containing 11.3984 Acres." j LouisJ. Ratacia, C.L.S. QLAUtS JApril 5, 1991 Cil2TIF1.. Sig JIRGINIA: FREDERICK C VI,^`.'. SCT. Thm mstrumenl 01 wrirl% 1„ to hzj+ � Y'Mat , kr)ao/ etLde..{/J rt tckn0nledgment thereto ennoAad watt admittoo to record. CLERK Mobile Phones: o Louis 703.&%.IG83 Sherry 703.850-1082 4- OF 3 :RK 6; k nal Toll Free, Phone or Fax: 800-92.2.1104 Cont. Virginia: 703-955-4444. 955-I ICO. 654.8638 Bulke. Vtrglmu. ',US-425-7333 Falls Church, Vhgmla: 703-573-0136 BKK2 PG 159 1 DEED THIS DEED, made and dated this 1st day of January, 1999, by and between JAMES R. WILEINS, JR., party of the first part, hereafter called the Grantor, and SILVER LAKE. LLC, a Virginia Limited Liability Company, party of the second part, hereafter called the Grantee. WAEREAS James R. Wilkins, Jr. is an owner of fifty percent (50%) interest in the Virginia Limited Liability Company known as Silver Lake, LLC, and desires to make a contribution of property to said entity: WITNESSETH: Nowtherefore in consideration of the mutual benefits to be derived therefrom and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant and convey unto the Grantee in fee simple, absolute, with general warranty of title, all of his right title and interest in and to the certain land set forth on Schedule A, attached hereto, and by this reference made a part hereof as if set out in full. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantor hereby convenants that he has a right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and that he will grant such further assurances of title as may be requisite. U130 •11111• .. BK927PG 1592 WITNESS the following signatures and seals: Gum'1J, (SEAL) J S R. WILKINS, JR. STATE OF VIkGIN1A, CITY OF WINCHESTER, to -wit: I. 0 a Notary Public in and for the State and jurisdiction aforesEUd, do hereby certify that JAN ES R. WILKINS, JR. whose name is signed to the foregoing Deed dated January 1, 1999, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this a day of �> 1999. J Notary Pu lic My Commission Expires ..3o ao0� ] 0720C.'NOMCElWPWINICUENT\SLV•LKEIWllJRDFFCHN2 01�927PG 1 593 Schedule A PARCEL ONE: All that certain tract of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 238.11 acres, more particularly described by that certain plat and survey prepared by Walker McC. Bond, dated February 8, 1941, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 182 at Page 189, less and excepting certain out conveyances mentioned in the hereinafter mentioned deed, PLUS HOWEVER, that certain parcel of land containing 1.653 acres conveyed to the Holt Corporation of Virginia, Inc. by Deed dated July 10, 1990 of record in the aforesaid Clerk's Office in Deed Book 748 at Page 1577 and that certain right-of-way extending West from the aforesaid property to the Poor House Road along the lands of Edward Carpenter, more particularly described in Deed Book 184 at Page 495 in the aforesaid Clerk's Office, and that certain right-of-way 60 feet in width, extending along the Northwest boundary and contiguous to the said boundary from the corner intersecting the rigbt-of-way to Route 654, more particularly described in Deed Book 573, at Page 770 in the aforesaid Clerk's Office and being the same land conveyed to James R_ Wilkins, Jr. by deed dated April 15, 1991, from The Holt Corporation of Virginia, Inc.of record in the Clerk's Office Circuit Court of Frederick County, Virginia in Deed Book 758 at Page 1653. The property herein conveyed contains 205.3876 acres, more or less. This conveyance is made subject to all restrictions, easements and rights -of -way, if any, affecting the herein conveyed property. PARCEL TWO: All that certain tract or parcel of land containing 11.3984 acres, more or less, together with the improvements thereon and the appurtenances therunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and being more particularly described in that plat and survey of Louis J. Matacia, C.L.S., dated April5, 1991, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 758, at Page 1649; and being the same property conveyed James R. Wilkins, Jr. E1(927PG 1594 By Deed dated September 5, 1991, from Carlton H. Holt et ux of record in the aforesaid Clerk's Office in Deed Book 765 at Page 843. PARCEL THREE: All that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, containing 174.014 acres, more or less, and more particularly described by plat and survey drawn by Lee A. Ebert, C.L.S. dated November, 1979, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 612 at Page 598-599, Less and Excepting that certain out conveyances set forth in the hereinaftermentioned deed, and being the same land conveyed to James R. Wilkins, Jr. by deed dated January 20, 1995 by Pat E. Dent, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 833 at Page 725. This conveyance is made subject to all rights -of -way and restrictions of record affecting the subject property, and particlarly those certain rights -of -way set forth in the deed dated October 1, 1991, of record in the aforesaid Clerk's Office in Deed Book 766 at Page 833. The conveyance herein includes the grant of a 30 foot easement from Roger P. Beswick to Pat E. Dent and Joyce L. Dent by the aforesaid date dated October 1, 1991, of record in the aforesaid Clerk's Office in Deed Book 766 at Page 833. I o72OC:\OFFICE\WPWINICLIENT SLV-LKE\WIUR.nEEWm2 VIRGINIA FiiEDOWX COUNTY WE �Th Instrumon f wrl"g was produced to me on the da of 10 Y}'at �=p and with ce cote of acknowledgment thereto ennexeb was ed to record. Tax Imposed by Sec. 68.1•602 of $ A// , and 58.1.801 have been paid, If assessable. 44e�4. Clerk - a 0 BK812PG0318 THIS DEED, made and dated this ;IV day of December, 1996, by and between a Virginia Corporation, party of the first part, hereinafter called Grantor, and SILYM i A LLC. a Virginia Limited Liability Company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of title unto the Grantee, in fee simple absolute, all of those certain lots or parcels of land, lying and being situate in the County of Frederick, Virginia, more particularly described in Schedule A attached hereto and by this reference made a part hereof as if set out in full. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. Except as noted above, the Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and that it will grant such further assurances of title as my be requisite. WITNESS the following signature and seal: U yY. IvAAICE PROPERTIES, INC. BY: i � ���ti) AJviES R WII.KINS, III President SILVER LAKE, LLC BY �d� /DAMES R Member/Manager BY' - Ij^ (SEAL) J S R. WILKINS, JR. ember/Manager STATE OF VIRGINIA, AT -LARGE: OF �Jh o t , TO -WIT: 1, e - J a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R Wilkins, M. who is President of Silver Lake Properties, Inc., whose name is signed to the foregoing Deed, dated December _&L, 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 9(6� day of December, 1996. My Commission expires 1131 9 S �. ".' NO RY PUBLIC STATE OF VIRGINIA, AT -LARGE: OFbo��o�,_ TO -WIT: �� .. ��� �•"� I, e, VLL, a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R. Wilkins, 111, who is a Member/Manager of Silver Lake, LLC, whose name is signed to the i+f W �v. 8K872PG0320 foregoing Deed, dated December 3 1 , 1996, has personally appearedt before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this le day of December, 1996. My Commission expires 13,1 qq ........... NOTAkY PUBLIC , STATE OF VIRGIN�I,A,,AT-LARGE: � �r—OF l tJ�m fro toy , TO -WIT: ''JJ .. ,•' U ,to I, (t C_ Qy. a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R. Wilkins, Jr., who is a Member/Manager of Silver Lake, LLC, whose name is signed to the foregoing Deed, dated December 31 , 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this i day of December, 1996. My Commission expires i �31 1 qq NOT Y PUBLIC • •;rVi li•' ''S J11; c' u i I 81(872PG032I SCHEDULE A Parcel One: All of those three certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 20.908 acres in the aggregate, together with a certain appurtenant right of way 20 ft. in width for the purpose of ingress and egress from the property herein described to Virginia Secondary Highway No. 746; and more particularly described on the survey drawn by I.R. Nicely, C.L.S., dated March 10, 1979, of record in the Office of the clerk of the Circuit Court of Frederick County, Virginia in Deed Book 506 at Page 580; and being the same property conveyed to Silver Lake Properties, Inc. by Deed dated July 5, 1994, from Allen W. Fox, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, in Deed Book 822 at Page 1413. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property; and particularly those restrictive covenants set forth in the Deed of Dedication dated March 30, 1979, of record in the aforesaid Clerk's Office in Deed Book 506 at Page 576 and which are by this reference made apart hereof ns if set out in full. This conveyance is further made subject to and includes that certain 20 ft. Deed of Easement, dated December 24, 1965, by and between Blaine Wilson, et al, of record in the aforesaid Clerk's Office in Deed book 401 at Page 370, and by this reference made a part hereof as if set out in full. r pl Two: All that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, containing 65 acres, more or less, lying and being situate about five miles north of Winchester in Gainesboro Magisterial District, Frederick County, Virginia; and being the same property conveyed to Silver Lake Properties, Inc. by Deed dated July 11, 1994, from Lois F. Chisholm, et al, of record in the aforesaid Clerk's Office in Deed Book 823 at Page 64. Parcet Threes All those two certain tracts or parcels of land together with the improvements thereon and appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 42.136 acres and 12.529 acres according to survey drawn by H. Bruce Edens, L.S., dated October 26, 1990, and by this reference made a part hereof as if set out in full; and being the same property conveyed to Silver Lake Properties, Inc., by Deed dated January 16, 1995 from C.L. Robinson Corporation, et al, of record in the aforesaid Clerk's Office in Deed Book 833 at Page 422. Parcel Eam All of that tract or parcel of land, situate, lying and being in Gainesboro Magisterial District, Frederick County, Virginia, about three miles 89872FIG 0322 northwestward from Winchester, on the north side of Northwestern Turnpike, now designated as U.S. Route 50, containing 8-1/2 acres, more or less; and being the same property conveyed to Silver Lake Properties, Inc., by Deed dated February 14, 1995 from Joseph Potter Robinson of record in the aforesaid Clerk's Office in Deed Book 835 ate Page 1816. Parcel Fives All of that certain parcel of land containing 89.0881 acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and shown as Parcel C on a plat prepared by S.W. Marsh, L.S., dated August 28, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 848 at Page 1204, et seq, and by this reference made a part hereof as if set out in full; and being the same property conveyed to Silver Lake Properties, Inc., a Virginia Company by Deed dated November 8, 1995 from the C.L. Robinson Corporation, a Virginia Corporation of record in the aforesaid Clerk's Office in Deed book 848 at Page 1202. Parcel Six. All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate about one and one-half (1 1/2) miles West of Cedar Grove in Gamesboro Magisterial District, Frederick County, Virginia, and being more particularly described as the land lying inside the present lake road as shown on the plat of Lake St. Clair, Incorporated, dated January 21, 1959, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 256 at Page 127, and fronting 22o feet North of Lot No. 41, containing 3 acres, more or less; and being the same property conveyed to Silver Lake -Properties, Inc., a Virginia Company by Deed dated October 31, 1995 from Wilkins; Shoecenter,4nb.---ofTecnrd•in'tbe aforesaid Clerk's Office in Deed Book 848 at Page 1775. VIRGINIA: FREDERICK COUNTY, SOT. T Is Instrumon I-avrlting wao produced to me on 1116 day a1 �' i1;!N at ak o25 Pm. and with cerilfl,:a o of arknosvlodgmont t,rorolo attnoxed was admitted to rovard. Tax Imputed by Sec. 58.1-802 of and 58.1-001 have boon paid. If agsossabla r Clark 0 N N a 0.4 0 U) Una 0 5Z-A-C- r BK8l2.PG0318 TH]S DEED, made and dated this 10' day of December, 1996, by and between a Virginia Corporation, party of the first part, hereinafter called Grantor, and SIUMIK 1.AM_I.U. a Virginia Limited Liability Company, party of the second part, hereinafter called the Grantee. WI'INESSETD: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of title unto the Grantee, in fee simple absolute, all of those certain lots or parcels of land, lying and being situate in the County of Frederick, Virginia, more particularly described in Schedule A attached hereto and by this reference made a part hereof as if set out in full. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. Except as noted above, the Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and that it will grant such further assurances of title as my be requisite. WITNESS the following signature and seal: • PAU PROPERTIES, INC. AMES R WILKINS, III President SEINER LAKE, LLC DAMES R WILKINS, III Member/Manager BY' Cam- W ^ (SEAL) J S R WILKINS, JR ember/Manager STATE OF VIRGINIA, AT -LARGE: OF Umo TO -WIT: I, &d4 e _'np�L , a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R. Wilkins, Ill. who is President of Silver Lake Properties, Inc., whose name is signed to the foregoing Deed, dated December :� I , 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this IQ16L day of December, 1996. My Commission expires 1 3�95 �. NO Y PUBLIC ; �! STATE OF VIRGIMA, AT -LARGE: ° ,; `4 to OFTO-WIT: S I, a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R Wilkins,111, who is a Member/Manager of Silver Lake, LLC, whose name is signed to the :iJ.. BK812PGO320 foregoing Deed, dated December 3 1 , 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ieday of December, 1996. My Commission expires 1131 I4g r 0. NOT Y PUBLIC r - STATE OF VIRGINIA,AT-LARGE: t,, Al OF LU1m hood . TO -WIT: �••. j� ...`.•�'. a Notary Public in and for the State and Jurisdiction afor aid, do hereby certify that James R Wilkins, Jr.. who is a Member/Manager of Silver lake, LLC, whose name is signed to the foregoing Deed, dated December 31 , 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this i day of December, 1996. My Commission expires _ � 131148 NOTARY PUBLIC •';r4i 1 t• � •. J •'' e 81l872PC0321 SCHEIDULE A Parcel Ones_ All of those three certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 20.908 acres in the aggregate, together with a certain appurtenant right of way 20 ft. in width for the purpose of ingress and egress from the property herein described to Virginia Secondary Highway No. 746; and more particularly described on the survey drawn by J.R. Nicely, C.L.S., dated March 10, 1979, of record in the Office of the clerk of the Circuit Court of Frederick County, Virginia in Deed Book 506 at Page 580; and being the same property conveyed to Silver Lake Properties, Inc. by Deed dated July 5, 1994, from Allen W. Fox, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, in Deed Book 822 at Page 1413. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property; and particularly those restrictive covenants set forth in the Deed of Dedication dated March 30, 1979, of record in the aforesaid Clerk's Office in Deed Book 506 at Page 576 and which are by this reference made apart hereof as if set out in full. This conveyance is further made subject to and includes that certain 20 ft. Deed of Easement, dated December 24, 1965, by and between Blaine Wilson, et al, of record in the aforesaid Clerk's Office in Deed book 401 at Page 370, and by this reference made a part hereof as if set out in full. Parcel Two: All that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, containing 65 acres, more or less, lying and being situate about five miles north of Winchester in Gainesboro Magisterial District, Frederick County, Virginia; and being the same property conveyed to Silver Lake Properties, Inc. by Deed dated July 11, 1994, from Lois F. Chisholm, et al, of record in the aforesaid Clerk's Office in Deed Book 823 at Page 64. Parcel Three All those two certain tracts or parcels of land together with the improvements thereon and appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 42.136 acres and 12.529 acres according to survey drawn by H. Bruce Edens, L.S., dated October 26, 1990, and by this reference made a part hereof as if set out in full; and being the same property conveyed to Silver Lake Properties, Inc., by Deed dated January 16, 1995 from C.L. Robinson Corporation, et at, of record in the aforesaid Clerk's Office in Deed Book 833 at Page 422. Parcel Four All of that tract or parcel of land, situate, lying and being in Gainesboro Magisterial District, Frederick County, Virginia, about three miles ........ ...• I BK872PG0322 northwestward from Winchester, on the north side of Northwestern Turnpike, 503 8-1/2 acres, more or less; and now designated as U.S. Route containing conveyed to Silver Lake Properties, Inc., by Deed being the same property dated February 14, 1995 from Joseph Potter Robinson of record in the aforesaid Clerk's Office in Deed Book 835 ate page 1816. Parcel Fives All of that certain parcel of land containing 89.0881 acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Parcel C on a by S.W. Marsh, L.S., Virginia, and shown as plat prepared dated August 28, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 848 at Page 1204, et seq, and by this reference made a part hereof as if set out in full; and being the same property Inc., Virginia Company by Deed dated conveyed to Silver Lake Properties, a November 8, 1995 from the C.L. Robinson Corporation, a Virginia Corporation of record in the aforesaid Clerk's Office in Deed book 848 at Page 1202. Parcel Six. All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate about one and one-half (1 1/2) miles West of Cedar Grove in Frederick County, Virginia, and being more Gautesboro Magisterial District, particularly described as the land lying inside the present lake road as shown on the plat of Lake St. Clair, Incorporated, dated January 21, 1959, recorded I in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 256 at Page 127, and fronting 22o feet North of Lot No. 41, containing 3 acres, more or less; and being the same property conveyed to Silver Lake -Properties, Inc., a Virginia Company by Deed dated October 31, 1995 ftom Wilkins; Shoecenter,4nb,--&Tecnrd-in-the aforesaid Clerk's Office in Deed Book 848 at Page 1775. VIRGINIA: FREDERICK COUNTY. SOT. T Is Instrumon 1-•wrlling w2c producad to mo on IbA day o1. 1at.� a�m. and with cnriMaato of acYnowlarl wont tlrarulo onnoxed was admllled to ravwrd, Tax Imputed by Soc. 58.1-802 0l and Sa.I.001 hoVa boon paid. It ascossablo �r c Clark �.�•`.. $) �- Z -A - 0 7677 EBYArnI %05PG1816 THIS DEED, made and dated this _i! _ day of February, 1995, by and between 'OSEPH POTTER ROBINSON, party of the first part, hereinafter called the Grantor; and 51LVER LAKE PROPERTIES, INC., a Virginia corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in cc simple, together ,Mth all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that tract or parcel of land, situate, lying and being in Gainesboro Magisterial District, Frederick County, Virginia, about three miles northwestward from Winchester, on the north side of Northwestem Turnpike, now designated as U.S. Route 50, containing 8-1/2 acres, more or less. Said parcel of land is the remainder of a 16-1/2 acre, more or less, parcel of land conveyed to the Harry Delmer Robinson by deed dated March 30, 1946, from Eleanor Daugherty Pingley and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 195, at Page 396. From the aforesaid original 16-1/2 acre parcel, there were three off conveyances, the first being to the Commonwealth of Virginia by deed dated September 9, 1957 and of record in the aforesaid Clerk's Office in Deed Book 249, at page 40, containing 4 acres, more or less, and the second being a deed dated May 21, 1961, to Ernest E. McIntyre, containing 2.47 acres, and of record in the aforesaid Clerk's Office in Deed Book 271, at Page 152 and the third being by deed dated February 11, 1966, to George M. Kelchner, containing 1.427 acres and of record in the aforesaid Clerk's Office in Deed Book 319, at page 85. And being the same property conveyed to Joseph Potter Robinson from Harry Delmer Robinson and Mary Potter Robinson, his wife, by deed dated December 15, 1989 of record in thv aforesaid Clerk's Office in Deed Book 746, at Page 1771. Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed hereut. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signature and seal: I bK Z3S?� � 811 ,TATE OF VIRGMA -Ae�Ii ICITY OF 1, 1., t44 M. A -A Y a Notary Public in and for the State and iurisdiction aforesaid, do hereby certify that JOSEPH POTTER ROBINSON, whose name is signed to the foregoing Deed, bearing date of the .14*� day of February, 1995, has this day personally appeared before me and acknowledged the same in my State and jurisdiction -'Q aforesaid. z<; Given under my hand this T" day ofFebl-Y, 1995- l 4T NotarublicP y Public Mycommission expires: .r. pdUC VIRGO" FRE01 V0WjK10dn011jNV"' Tbil ItAkfUlmon' ad dry oT0 X ;on% 1110WO sm""d IN, nowlicig and -,4.5 ofy.�-11 'd " see. bb.1-402 40 jW dm"sd 10 Mod. T%x "Po* he" boon raw - OINK 0 52 A-63 0 Bu63gf 04?_2 G THIS DEED made and dated this 16th day of January, 1995, by and between C. L. ROBINSON CORPORATION, a Virginia Corporation, party of the first part, hereinafter called the Grantor; SILVER LAKE PROPERTIES_, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee, and JAMES R. WILKINS, JR._, party of the third part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all those two certain tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, more particularly described by survey drawn by H. Bruce Edens, L.S., dated October 26, 1990, as follows: Parcel one: Beginning at a point corner to M. G. Anderson and in the center of Virginia Route 654; thence with the center of Virginia Route 654 for the 4 following courses N82024110"E - 33.14' to the P.C. of a curve to the left; thence with the arc of said curve 284.171 (Radius = 359.05, - Chord = N59043145"E - 276.811) to the P.T.; thence N37003120"E - 745.821 to the P.C. of s curve to the right; thence with the arc of said curve 92.03' (Radius = 1675.64, - Chord = N38037144"E - 92.02' to a point on said curve and corner to Barnes; thence with Barnes and then Carpenter and Holt Limited Partnership S32042121"E - 1810.371 to an iron pin found; thence with Holt Corp. S50033139"W - 1089.549 to an iron pin found corner to Holt Corp. and Bayliss; thence with Bayliss and then Miller, Verret, Haines, Mayhugh, and Rawlings 0 BK833PG0423 N32056'56"W - 1131,55' to an iron pin found corner to Rawlings and R. Anderson; thence with R. Anderson H33046150"W - 293.18' to an iron pin set; thence still with R. Anderson and then M.G. Andersen N32-58144"W - 251.82' to the beginning, containing 42.136 Acres; Parcel Two: Beginning at an iron pin set corner to Turner and in the north boundary line of U.S. Route 50; thence with the north boundary line of U.S. Route 50 for the 3 following courses N64°30'16"W - 307.83' to a VDH monument; thence N57024'13"W - 122.41' to an iron pin set at the P.C. of a curve to the left; thence with the arc of said curve 98.16' (Radius = 3948.71' - Chord = N66"58'46"W - 98.161) to an iron pin set in the north boundary line of U.S. Route 50 and corner to Holt Corp; thence with Holt Corp. for the 3 following courses with the arc of a curve to the right 50.88' (Radius = 5G.00' - Chord = N06049147"W - 48.721) to an iron pin found at the P.C.C. of a curve to the right; thence with the arc of said curve 83.34' (Radius = 168.50' - Chord = N36026134"E - 82.20') to an iron pin found at the P.T.; thence 14 50033139"E - 952.46' to an iron pin found; thence with Holt Limited Partnership S32042121"E - 626.57' to a 28" walnut tree in a line of Holt Limited Partnership and corner to J.P. Robinson; thence with J.P. Robinson S53"03147"W - 420.75' to an iron pin set; thence with another line of J.P. Robinson and then Turner S60020105"W - 356.24' to the beginning, containing 12.529 acres; Parcels One and Two above being the major portion of the same property conveyed to C. L. Robinson Corporation (formerly C. L. Robinson Ice and Cold Storage Corporation) by deed dated December 30, 1949, from Mary E. Robinson, et ai, of record in the Clerk's office of the Circuit Court of BK833PG0424 Frederick County, Virginia in Deed Book 212 at Page 584, and by deed dated December 11, 1950, from the Old National Bank of Martinsburg, et al, Executors of the Estate of Frank B. Robinson, Deceased, of record in the aforesaid Clerk's office in Deed Book 217 at Page 174. Reference is made to the aforesaid deeds and survey description for a more particular description of the property herein conveyed. The Grantor does expressly release and convey unto the Grantee herein the perpetual easement reserved in that certain deed dated July 10, 1990, from C. L. Robinson Corporation, as Grantor, to the Holt Corporation of Virginia as Grantee, of record in the aforesaid Clerk's Office in Deed Book 748 at page 1577. The party of the third part and the Grantor join in the execution of this deed for the express purpose of terminating that certain Agreement dated July 30, 1991, by and between C.L. Robinson Corporation and James R. Wilkins, Jr., which is of record in Deed Book 764 at Page 352, which Agreement is hereby agreed terminated and of no further force and effect by either party. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. 3 BI(O33N0L)25 The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or Bylaws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signatures and seals: C. L. R BINSON CO ORATION B EDWARD B. ROBINSON, PRESIDENT C� \ (SEAL) AIdES R. WILKINS, JR. STATE OF VIRGINIA, OF Ff'4IC K- , TO -WIT: O �ty�5 , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Edward B. Robinson who is President of C. L. ROBINSON CORPORATION, whose name is signed toQ he foregoing Deed, date the 16th day of January, 1995, has personally appeared fore me and acknowledged the same in my State and jurisdiction aforesaid. 1995. Given under my hand this \ _ day of v _ _� My Commission expires 31311�i1 , Y�C TARY PUBLIC o 4 • DK833PG0426 STATE OF VIRGINIA, �Clly� OF To -WIT: I, � ,�e,j�,�� , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that James R. Wilkins, Jr., whose name is signed to the foregoing Deed, dated the 16th day of January, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 1995. Given under my hand this ke day of My Commission expires ARY PUBLIC :� `• C;\WP51\0EEDS\R0BINSON.SIL EN732900BINSON)APh7 5 0 0 BMB:dhc 01/05/95 7379(FDEZM C/S) am Sam,YME A BU33JIG 0421 'Ib be rQcorded with Deed o£ e V of 54.665 acres in FredP�rick �mt�' TM AGREDO7P made and dated thiAvirginil day of 1995, by and between C. L. ROBINSON C Coxpoiati party of the first part, herein called Seller, and SILVER L E pRpPOMFS, INC., a Vixgiriia C=poraticn, party of the seed part. WfflnmS, the party of the first part has this day sold certain property looted in Sack Creek Mgi.sterial Dish tracts cti derick 1 contain county, ;Virginia, to the party of the second pal' 54.665 Acres in the aggregate; and, WEMpXAS, the parties hereto acknowledge that in the development of the party of the se�'d Pa is adjoining tract of land will ,,,;re easements for public water and sewer including tenporary s in connection therewith, utility easements for gas, c�9truction easement electric, and telephone, e, and drainage easements along the Abrams Creek Drainagaway y1r mn1SFIH; That for and consideration o£ the mutual benefits to be derived therefrom, the parties agree as follows: 1. Each of the parties he -to agree to grant such easements) over and across their respective lands at a location(ei l;ereafterto ay shall be determned, for public water and sewer and which rights) fon either side 20 ft. in width with ft. �d t shal1 be instruction n easement form as shall of the permanent sanitaticn Authority and/Or the City be acceptable to the Frederick County of WincIv,,ter Departmmsnt of. Utilities, their successors in interest. The location of any such public water and sewer easements shall be based upon sane engineering principles and be so located that either of the parties he shall have the right to utilize the same for the develaunent of each of their lands. The easements will he tied the land by either s will cause the mi.nia n disruption to the business being for All pipes and equipment shall be subterranean except for any anys, and required metering devices and/or preps as required by the Pub I-icwater authority. 2. Fach of the parties hereto agrees to grant such easements for utilities across their respective lands as shall he ne�esssary for the development of the lands of each of the respective part however, that all such utilities, including, but not limited to, gas, Q{(033PC) 0428 electric and telephone, shall be unds- unless specifically agreed otherwise in writing by the party granting the easement. All easE:llent locations shall be based upon sound ergineerin3 principles and be so located that either of the parties hereto shall have the right to utilize the same for the develoFcr._.rrt of each of their lands. 3. The party of the first part agrees that the party of the second part shall have the right to ut�1ethe drainwaYs located on the lands of the party of the first part, without limitation, the areas, provided, ve, that the right utilize any off site draipondnage basins) located on the lands of surface areas he the offsiteshall not be enlarged without the consent of the p the party of the first part arty of the first part and in the event that consent is given, then the party of the second part agrees to be liable for the costs incident to the increasing size of any such surface drainage basins caused by the development of the lands of the party of the second part. 7be drainage ,:x:ation utilized shall be at such location as is compatible with good engineering principles and shall be of sufficient width and location as shall be acceptable to any grn.,errrnental authority whose approval tand of each acceptance of such dravnNay shall be required for the devalopmen of the respective lands; it Leing specifically understood that the parties ont cemplate the Abran's Creek k as the drainway for surface drainage of their respective tracts. The party of the first pw:r agrees to grant such drainage right of way to the party of the sec+and part under the conditions of this paragraph. 4. Each of the parties agree, from tires to titre, to execute release(s) of the easements agreed upon to be granted herein for such parcels of land owned by each of the respective parties that are not affected by such easements. S. Each of the parties represents that it is either the owner or in control of the adjacent lands which are or may be affected by the easements to be granted herein and any conveyance will expressly be made subject to this Agreement. 6. Nothing herein shall be construed to require either party to bear the cost of ccxhstruction of improvements within the easements to be established as provided in this Agreement. 7. This Agreement embodies the entire agreement between the parties and may not be varied except by written agreement of the parties, 0 0 and shall be binding upon successors and assigns of each of the resp-Live parties hereto. wrnms the follaAng signatures and seals; SILVER LME PROPER=S, MCC !�- tj " By. (SEAL) R. WILUKUM'S, u sident ggaE OF virMNIA CLjn�`f-` OF r- M-WIT* Subscribed and admowledged before Tre, a Notary Public in and for the State and Jurisdiction aforesaid this 11� day of 1995, by,_.��nsxJ who is f,dQJLT of C. L. F,Mj2M4 CURPMATIM. My 0am-Lission expires th 66 WLARY PUBLIC -4 ST= OF VIIRGINM OFM-WIT: Subscribed and acknowledged before me, a Notary Public in and for the State and jurisdiction aforesaid, this ],mil day Of -Se011A1—' 3.995' r'L Vue by jgM R. WILKINS, TO, who iBAPreaident of SILVER LME PROPERTIES, INC. My c=nissicn expires PUBLIC VIRG*"* FWDEFWOK OOUNTY, SOT. 3 . 10, Thl Instrument of wanng *11 PjV-od to me an the U day and with cerilf1cole of scAnowl-idgmant thstoto annexed W" admMtod to record. YNx knPOSDd by SIC. 58.1-802 of WW f58.1-801 have been paid, H aseaseable, ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 344760002 FRQ: 2 Sup#: 0 Name: SILVER LAKE LLC Account#: 14307 Name 2: C/O JAMES R WILKINS III Map#: 52 A C Address: 13 S LOLIDOLIN ST Description: 89.09 ACRES WINCHESTER VA 22601 Bill Date: 20081205 Due Date: 12/05/2008 Land: $890,900 Improve: $2,000 Use: $55,823 Original Bill: $151.79 Payments: $151.79- Acres: 89.09 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 12/05/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/5/2008 Charge 0 $151.79 $151.79 12/5/2008 Payment 87044 ($151.79) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/Applications/REPubliclnquiry/V iewDetail.aspx 2/16/2009 ViewDetail • • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 344770002 FRQ: 2 Sup#: 0 Name: SILVER LAKE LLC Account#: 13519 Name 2: Map#: 52 A 50 Address• 13 S LOUDOUN ST Description• 206.61 ACRES WINCHESTER VA 22601 Bill Date: 20081205 Due Date: 12/05/2008 Land: Original Bill: Penalty Paid: $873,400 Improve: $1,803.87 Payments: Int Paid: $117,500 Use: $1,803.87- Acres: $569,690 206.61 Amount Owed: Other: Last Date: 12/05/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/5/2008 Charge 0 $1,803.87 $1,803.87 12/5/2008 Payment 87044 ($1,803.87) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous Page 1 of 1 https://taxes.co.frederick.va.us/ApplicationsIREPublicInquirylViewDetail.aspx 2/16/2009 ViewDetail • . Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 344780002 FRQ: 2 Sup#: 0 Name• SILVER LAKE LLC Account#: 13518 Name 2: Map#: 52 A 50A Address: 13 S LOUDOUN ST Description: 11.40 ACRES WINCHESTER VA 22601 Bill Date: 20081205 Due Date: 12/05/2008 Land: $92,600 Improve: $98,800 Use: Original Bill: $502.42 Payments: $502.42- Acres: Penalty Paid: Int Paid: 11.40 Amount Owed: Other: Last Date: 12/05/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business clays, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/5/2008 Charge 0 $502.42 $502.42 12/5/2008 Payment 87044 ($502.42) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous Page 1 of 1 https://taxes.co.frederick.va.uslApplicationsIREPublicInquiry/V iewDetail.aspx 2/16/2009 ViewDetail 0 • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 344790002 FRQ: 2 Sup#: 0 Name: SILVER LAKE LLC Account#: 13522 Name 2: C/O JAMES R WILKINS III Map#: 52 A 52 Address: 13 S LOUDOUN ST Description: 8.27 ACRES WINCHESTER VA 22601 Bill Date: 20081205 Due Date: 12/05/2008 Land: $147,600 Improve: Use: Original Bill: $387.45 Payments: $387.45- Acres: 8.27 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 12/05/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website acain. Date Type Transaction # amount Balance 12/5/2008 Charge 0 $387.45 $387.45 12/5/2008 Payment 87044 ($387.45) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous Page 1 of 1 https:Htaxes. co.frederick. va.us/Applications/REPubliclnquiry/V iewDetail. aspx 2/16/2009 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 344800002 FRQ: 2 Sup#: 0 Name: SILVER LAKE LLC Account#: 13534 Name 2: C/O JAMES R WILKINS III Map#: 52 A 63 Address: 13 S LOUDOUN ST Description: 54.65 ACRES WINCHESTER VA 22601 Bill Date: 20081205 Due Date: 12/05/2008 Land: $381,600 Improve: Use: $23,500 Original Bill: $61.68 Payments: $61.68- Acres: 54.65 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 12/05/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/5/2008 Charge 0 $61.68 $61.68 12/5/2008 Payment 87044 ($61.68) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/Applications/REPublicInquiry/ViewDetaii.aspx 2/16/2009 John Bishop From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Thursday, February 05, 2009 1:07 PM To: Matthew. Smith@VDOT.Virginia.gov; GREGORY.HOFFMAN@VDOT.VIRGINIA.GOV Cc: mruddy@co.frederick.va.us; jbishop@co.frederick.va.us Subject: Silver Lake Rezoning Attachments: header.gif; emailback7.jpg; 4928S - GDP 012709.pdf; Silver Lake LLC Proffer Statement 1-27-09 Bold and Italic Revisions.doc Hi Matt and Greg, Please find attached the revised Proffer Statement and GDP Exhibit that reflect the matters we discussed during the January 27th meeting. Please note that I met with Mike Ruddy today to go through this new information and he felt that we provided what was suggested. John Bishop has a sick child; however, we are tentively scheduled to meet on Monday to go through everything. The primary changes involve the development of Spinning Wheel Lane with a roundabout at the main intersection with Silver Lake Road and relocated Poorhouse Road. Spinning Wheel Lane is proffered to be constructed as a four -lane divided median urban section from Route 50 to the Roundabout as a Phase 1 improvement. Spinning Wheel Lane then becomes a four lane urban section once transitioned out of the roundabout with two lanes constructed initially with ultimate r/w dedication and four lane construction based on the agreed upon 8,000 ADT count. Additionally, a 10-foot hiker/biker trail is provided on the south side of Spinning Wheel Lane to a point where we can make a north -south connection to the planned 10-foot trail on Route 50 to provide the connectivity that is desired. We also provided for a $ guarantee for the proposed Rt 37 improvements shown in Phase 2 in the event the regional improvements that are being promoted by Jim Davis are accomplished in advance of our improvements, as well as the minor language revisions that you suggested. Please review this information which will hopefully allow for your final review comments on this project. I will be in the office this afternoon and most of the day tomorrow (except from 12:30 - 2:30) if you need to talk to me about anything. Please also advise me where VDOT stands on the processing of the Signalized Intersection Spacing Exception request as soon as you know something. Thanks again for your assistance! Evan Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 Visit us on the web at www.greenwaveng.com u Greenway Engineering 11 - Biome Cornpany history Services Porffollo Company directory u Vouirded hr 1971 Please call to learn more about these exciting new services at Greenway Engineering: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-639-5 January 13, 2009 Jerry Copp Residency Administrator VDOT Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 RE: Silver Lake Property Proposed Intersection Spacing Dear Mr. Copp: This letter is regarding the proposed intersection spacing for the Silver Lake property in western Frederick County along Route 50. 1 have reviewed the current version of the rezoning application and do not take issue with the proposed spacing. I find the spacing to be in substantial conformance with the County's Comprehensive Plan in this area. - - I will note that this is a staff level determination and not a Board of ,Supervisors' action. Please let me know if there is anything additional that you require for this spacing Nvaiver consideration. Sincerely, y'f John A. Bisho Deputy Director - Transportation JAB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ' J� 0 0 324 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING - REZONING 401-09 OF SILVER LAKE LLC SUBMITTED BY GREENWAY ENGINEERING TO REZONE 238.96 ACRES FROM RA (RURAL ARE, DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 131.06 ACRES FROM RA DISTRICT TO MS (MEDICAL SUPPORT) DISTRICT, WITH PROFFERS FOR COMMERCIAL AND CONTINUING CARE RETIREMENT COMMUNITY (CCRC) USES. THE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF NORTHWESTERN PIKE (ROUTE 50 WEST), WEST OF RETAIL BOULEVARD AND EAST OF POORHOUSE ROAD (ROUTE 654 AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 52-A-C 52-A-50 52-A-50A 52-A-52 AND 52-A-63 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone a total of 370 acres, 239 from RA (Rural Areas) District to B2 (General Business) District and 131 acres from RA (Rural Areas) District to MS (Medical Support) District. The property is located in the Gainesboro District. Deputy Director Ruddy went on to say this is a large, complicated project, and is good for the county. He noted the most current proffer statement dated March 20, 2009 was included in the Board' s agenda packet and addressed the comments provided by the Planning Commission, County Attorney, and others. He went on to say this project was generally consistent with the Comprehensive Policy Plan as well as the Round Hill Land Use Plan. The applicant has proffered a generalized development plan, a monetary contribution of $1 million to construct a new fire and rescue facility or renovate the existing facility. Deputy Director Ruddy concluded by saying the Planning Commission reviewed the application, believed the issues had been adequately addressed, and recommended approval of this rezoning request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He reviewed the proffered Generalized Development Plan and the transportation proffers, which included: - Phased improvement Plan; - Commercial Development Caps until all phased improvements are complete; - New traffic signalization in three locations; - Route 50 median crossing; - Route 50 mainline improvements; - Route 37 ramp improvements; - - Additional Route 50 westbound through lane under Route 37 bridge; - Monetary value of Route 37 regional improvements; - Relocation of Poorhouse Road. The total value of transportation improvements will be $14.11 million. Of that amount, $6.85 million will be for regional transportation improvements. Minute Book Number 34 Board of Supervisors Regular Meeting of U4l22/09 • 325 With regard to public water and sewer, Mr. Wyatt advised the applicant worked with Frederick County Sanitation Authority and would provide the following: - 12-inch water lines to accommodate future growth; - Water storage tank; - Easements along Route 50 frontage; - Easements along commercial property. In addition, the applicant has proffered the following design principles to conform to the Comprehensive Plan: - Street trees; - Monument business signs; - Pedestrian signals; - Inter -parcel connectors; - No commercial entrances on Route 50; - Additional evergreen plantings in buffer areas; - 50-foot landscape strip along Route 50; - I0-foot asphalt trail along Route 50. Mr. Wyatt noted at build out this project could result in $32 million per year in revenue to the county. He went on to say the National Lutheran Home would break ground in March 2010 with occupancy by 2012. He concluded by saying the timeline for the commercial component was unknown, as this portion was market driven. Chairman Shickle asked if the water tank had been proffered or just discussed with the Sanitation Authority. Mr. Wyatt responded the tank was not proffered. It would be handled through an agreement between the applicant and FCSA because the Sanitation Authority wanted additional storage and capacity. He concluded by saying the applicant would install the infrastructure and the Authority would reimburse them. Chairman Shickle convened the public hearing. Ehvood Patterson, President of Round Hill Community Fire Company, asked if the 3 to 4 acre parcel of land proffered by the development would be deeded to the company or the county. In addition, he wanted to know if the $1,000,000 contribution would go to the company and could they expect a check in three to five years? Don Jackson, Clrief of Gainesboro Fire Company, stated he did not understand how the proffers changed and he thought the land and money would be proffered to the company in the area. I-Ie went on to say the association had a good relationship with Mr. Riley and Chief Welsh, but they companies were at a loss as to which way to go on this proffer issue. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 326 Chester Lauck, Chief of Round Hill Community Fire Company, stated this was a very generous offer for fire and rescue, but he had some questions. He stated the companies needed direction regarding what to expect. He went on to say if we remodel the existing building then the money needs to be available. Be concluded by asking at what point does it revert back to the county. Mike Cline, Gainesboro District and President of the Fire and Rescue Association, stated this all sounded nice and this was a great application; however, he was concerned how the proffer distribution would come down. He concluded by saying the companies need clarification. There being no further continents, Chairman Shickle closed the public hearing. In response to the questions about proffers, Chairman Shickle stated they would be handled in a cooperative manner. Supervisor Dove stated this was a great project and he was grateful to have a local developer willing to go beyond to make this a great project. He cited the amount of tax revenue that would be recognized at project build out. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved Rezoning #01-09. WHEREAS, Rezoning #01-09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22"d day of April, 2009 by the following recorded vote; Minute Book Number 34 Bonrd of Supervisors Regular Meeting of 04/22/09 327 Richard C. Shickle Aye Bill M. Ewing Aye Charles S_ DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - RURAL AREAS REPORT AND RECOMMENDATION. CONSIDERATION TO ADOPT THE REPORT AND RECOMMENDATION OF THE RURAL AREAS SUBCOMMITTEE AS A POLICY COMPONENT OF THE COUNTY'S COMPREHENSIVE POLICY PLAN. THIS POLICY WOULD APPLY TO THE RURAL AREAS OF THE COUNTY, AND OTHER ADDITIONAL POLICY DIRECTIVES TO: ENHANCE THE AGRICULTURAL ECONOMY; PRESERVE THE VTEWSHED AND RURAL LANDSCAPE; PRESERVE THE COMMUNITY'S RURAL CHARACTER; AND LESSEN THE DEMANDS FOR COUNTY SERVICES, SOME OF THE POLICY DIRECTIVES INCLUDE THE FURTHER ENHANCEMENT OF HEALTH SYSTEM REQUIREMENTS AND THE ESTABLISHMENT OF A TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. THE RECOMMENDED POLICY DOES NOT AFFECT THE EXISTING RESIDENTIAL DENSITY RIGHTS OF PROPERTY OWNERS — (RESOLUTION 059-09) - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He explained that for the past nine months the Rural Areas Subcommittee reviewed the rural areas of the county. The Subcommittee was charged with: - Identifying growth and development trends and related issues in the rural areas of the county; - Gathering ideas to address those issues; and - Forwarding a recommendation for resolution to the Board of Supervisors. The Subcommittee identified five issues to be considered in evaluating the rural areas: - Relationship between the Rural Areas and UDA; - Agricultural Economy; - Land Development and Design; - Community Services and Facilities; - Transportation. Director Lawrence noted there currently exist 14 State -enabled tools for managing growth in the rural areas and the County is using some of them already. He then presented the subcommittee's recommendations: - Maintain current minimum lot size of two acres of Rural Preservation Subdivisions; - Increase Rural Preservation Tract size from 40% to 60%; - Clarify that the Preservation Tract counts towards overall density; - Implement a Transfer of Development Rights (TDR) Program; - Continue to pursue state and federal grants to fund a Purchase of Development Rights Program. - Enhance health system requirements o Increase reserve drainfield area requirements from 50% to 100%; o Cease to allow Provisional or Experimental System Approvals; o Cease to allow private, on -site residential discharge systems; o Require Board approval for Pump -and -Haul systems. o Support continued study of: ■ Operation and maintenance requirements; Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 -6 BE IT RESOLVED, 'that the Frederick County Planning Commission does hereby table Conditional Use Permit 401-09 for AT&T and Wesley Hensley, submitted by Dewberry, for a 120-foot conunercial telecommunicadons facility at 2042 Martinsburg Pike (Route 11) for 28 days to allow the applicant the opportunity to revise the application. The vote was as follows: YES (TABLE 28 DAYS): Ambrogi, Manuel, Ruckman, Oates, Thomas, Ours, Wilmot NO: Unger, Triplett, Kerr, Mohn ABSTAIN: Watt cNote: Coimnissioner Kriz was absent from the meeting.) Rezoning Application H01-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 23896 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RADistrict to MS (Medical Support) District, with proffers, for commercial use and a Continuing Care Retirement Community (CCRC) use. The properties are located on the north side of Northwestern Pike (Route 50 Wr West), west of Retail Boulevard and east of Poor House Road (Route 654). The properties ae further identified with P.I.N.s 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 in the Gainesboro Magisterial District. Action — Reconunended Approval With Proffers Deputy Planning Director, Michael T_ Ruddy, reported that this application is to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) and B2 (Business General) Districts with proffers for a Continuing Care Retirement Conununity and conunercial land uses. Mr. Ruddy said this particular property was included in the 2006 update to the Round Hill Land Use Plan, which was approved by the Board of Supervisors in 2007. He said the land use plan expanded the water and sewer boundaries surrounding this property and it also provided for an improved land use plan for the Round Hill cormnunity. The property is located within the Sewer and Water Service Area (SWSA). He said the proposed land uses are generally consistent with the Comprehensive Policy Plan and the Rotund Hill Land Use Plan. Mr. Ruddy said the Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, consideration should be given as to how development might contribute towards achieving the long-range goal of providing sewer to the core area of the Round Hill connnnunity. Furthennore, the Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor and this application's proffer statement generally addresses the identified design standards. The Round Hill Plan also calls for a campus -style development and Mr. Ruddy believed a greater amount of consideration could be provided to coordinate the commercial portion of this project in the design layout; in particular, the building location, the site layout, and the design elements. He commented that the application should clearly demonstrate how it will achieve a campus -style development. In addition, the Round Hill Land Use Plan reconunends that a new park be included with the development of this area. He said it was the staff's recommendation that an area larger than that currently shown on tlne Generalized Development Plan (GDP) be provided in order to be consistent with the area shown in the Round Hill Land Use Plan. Frederick County Planning Commission ]:,age L4.50 Minutes of March 18, 2009 Regarding the transportation aspects of the proposal, Mr. Ruddy said the Round Hill Land Use Plan reconunends regional transportation improvements along the Route 50 Corridor, as well as on the norl_1is i ide of the corridor which traverses through this project. He said this application addresses these transportaton improvements in a positive manner. Regarding the site access and design, Mr. Ruddy referred to the GDP and said it depicts the location of the internal road system serving this project. He said Spinning Wheel Lane, the project's major collector road, connects Route 50 throughthe site and connects with the existing road system to the rear of the Walmart Shopping Center. Silver Lake Drive provides an additional comlection to Route 50, intersects v�rith Spinning Wheel Lane, and it ultimately provides a potential coimection to Poor House Road. Mr. Ruddy noted that the application provides for bicycle and pedestrian connectivity throughout the project and along the project's frontage with Route 50, along with pedestrian connections at the major intersections. He added that inter -parcel connectivity has been provided throughout the B2 portions, as development occurs. Mr. Ruddy next focused on potential impacts. He said the applicant's TIA has projected the build -out of this project within four phases. Beyond the four phases, there is no linutation upon the amount of commercial development that could happen. Ultimately, the TIA assumes the total build -out of the continuing care retirement corn nunity on the MS District property; 583,050 square feet of commercial retail; and 494,600 square feet of office land use developed over a four -phase study. He said the applicant's transportation program is based upon a four -phased approach and is described in detail ' the application and proffer statements as to Nvhich particular improvements go with each phase. Mr. Ruddy continued, stating this application provides for the urban four -lane divided section (U4D), but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. Mr. Ruddy stated that the U4D typical section should be extended along the entire length of Spinning Wheel lane with the use of a landscaped median. He said the Round Hill Land Use Plan is specific about this ultimate road section. Mr. Ruddy said this development tivill have an impact on conununity facilities and services; however, the commercial component of the project will generate tax revenue for the County. In addition, he recogiuzed the applicant's significant effort to address the fire and rescue conununity's facility impacts. He said the application provides for land dedicated to Frederick Comity for the development of a new fire and rescue station and support facilities serving the Round Hill Coniin minty; and, the CTDP identifies three -to -four acres as a potential location for such a new fire and rescue facility. Additionally, he said the applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue facility providing service to the Round Hill Community. It was noted that the applicant had not proffered any monetary contributions aimed at mitigating the potential impact of the. residential mots on such community facilities as Parks and Recreation, Public Safety, Library, and General Government. Continissioner Thomas noted that staff had suggested a greater amount of area be dedicated for the park; he asked what percentage greater would be more appropriate. Mr. Ruddy replied that the Round Hill Land Use Plan identifies a lake visible from Route 50 and a faun pond internal to the property; he said between the two is a large area of enviromnental features, including floodplains and wetlands. These features were identified during the crafting of the Round Hill Land Use Plan. Mr. Ruddy suggested increasing the area greater than 10% and less than 100%, but certainly consistent Nvith the enviromnental features and floodplain that are located in this area. Conmiissioner Oates referred to the staff's continent that the applicant should demonstrate how he will achieve a campus -style development; he asked the staff if they intended for design criteria to be included, additional landscaping, or some other criteria. Commissioner Oates said he would like to steer away from the typical box store within a sea of pavement and strive to create a nicer development. ivir. Ruddy said the Land Use Plan calls for additional thought and layout in the design and he believed this was needed within the area of commercial buildings. Frederick County Planning Commission rage 243 1 Minutes of March 18, 2009 • _8 Deputy Director -Transportation, Jolun A. Bishop, noted that the applicant had offered a substantial transportation package. Mr. Bishop said there is an extensive asphalt trail and pedestrian improvements network throughout the development and in most cases, it develops along with the associated roadways. Mr. Bishop described the transpoi ation improvements associated with each please of development m detail for the Commission. Mr. Evan W. Wyatt, with Greenway Engineering, was representing the Silver Lake rezoning request which included the Silver Lake coininercial rezoning and the National Lutheran Home Medical Support District rezoning. Mr. Wyatt said the land uses, the transportation network, the provision of an opportunity for a new fire and rescue site, and the conversion of a public park into a passive open space area are all in conformance with the Land Use Plan and the Comprehensive Policy Plan. Mr. Wyatt proceeded to address the staff s outstanding issues, as follows: Regarding efforts to achieve a campus -style developriner•.t, Mr. Wyatt said the applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved along Spimiing Wheel Lane; and the bases on monument signs will b , consistently designed providing a subtle but visually -recognizable structure throughout the project. He said major intersections on Route 50 will have crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered inter -parcel coivnectivity for the commercial uses. In addition, the 50-foot landscaped strip along Route 50 and Spinning Wheel Lane will contain ornamental shrubs, street trees, and a hikeribiker trail along the entire frontage of the properly. Regarding the recommendation to provide a greater area for the park and protect environmental features, Mr. Wyatt said the green area was originally envisioned to be a county-o xntd public park; however, the Parks & Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this passive open space area is not a public park, although it has been equipped with amenities such as trails that link to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland preservation will be provided with the MDP. Regarding efforts to extend the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then continues as an urban section with four lanes, but does rot have a raised grass median. He said the road improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he believed this design was consistent with what is perceived to be a campus -style development. It's recognized that this design is not consistent with what is called for in the Round Hill Land Use Plan_ Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt explained the use of color coding for the various road segments and how it related to the project's phases of development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in sequential order, and tuntil every improvement associated with each phase is provided, the applicant is capped at a certain square footage of commercial along the way. For example, if the applicant has an opportunity to develop more than 190,000 square feet of retail use designated for Phase 1, the applicant would have to install all the improvements not only in the areas of very light green, but the next shade of green as well. Regarding the staff s connnent that additional monetary contributions were not offered by the applicant for community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the Sanitation Authority and this project addresses the goals of the Comprehensive policy Plan by contributing to the expansion of services further up the corridor towards the community center, as follows: 12-inch water and sewer lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight - inch water and sewer lines, the applicant will install a one -million gallon tank as opposed to a 600,000-gallon water tank projected to be sufficient solely for the project's needs; and easements will be provided at no cost Frederick County Planning Commission Page 2438 Minutes of March 18, 2009 along the applicant's conunercial properties within the SWSA for connectivity by adjacentproperties. Thewater and sev,\,er improvements will not be done right away, but willoccur as development proceeds. Mr. Wyatt stated that a fire and rescue station site has been proffered, along with a conunitment to provide road access and utilities, if it is used. In addition, he said there is a one -million -dollar monetary proffer payable within five years of the final rezoning approval. Mr. Wyatt commented that the County's Fiscal Impact Model indicated a 32.29 nnillion-dollar positive impact to the County with the projected commercial uses and the independent living units associated With the CCRC «Till pay real estate taxes, providing another revenue source to the County. Conmlissioner Oates said that with regard to the campus -style setting, he was not looking for building placement, but more so for the applicant to go beyond the minimum requirements of the zoning ordinance for the parking areas, such as additional green area, open space, and more environmentally -friendly materials. Mr. Wyatt said that without a kunmvn layout detailing where office buildings and retail will be located and the scale and size of the structures, it was difficult to connrnit to a certain percentage of green parking NNTithin a landbay. Mr. Wyatt said there will be broken up areas, green areas for parking, and small plaza areas, included on the MDP. Cominissioner Thomas said lie would like to see an intent or commitment to a non -impervious parking area to the maximunn extent possible with more enviromnental collection areas for run-off. Mr. Wyatt said they would also like to see that because when projects are designed, they not only have to meet quantity measures, but quality measures and the county's ordinance requirement for all asphalt or concrete, curb and gutter, and hard -pipe, makes it difficult for engineers to reach an environmentally -friendly goal. Mr. Wyatt said he hoped the upcoming ordinance changes would ease restrictions and allow for that type of design. Chairman Wilmot nett opened the public conument portion of the public hearing. The following persons came forward to speak: Mr. Rodney Snapp, Back Creek District, came forward to speak on behalf of the Round Hill Community Fire and Rescue Company_ Chairman Wilmot recognized approximately six to ten fire and rescue personnel in attendance with Mr. Snapp. Mr. Snapp said the Round Hill Community Fire and Rescue Company greatly appreciates the intent of the applicant for the proffer to fire and rescue. He expressed concerns, however, about the lack of specificity in the language of the applicant's proffer designating the Round Hill Community Fire and Rescue Company as the recipient of the monetary contribution and the acreage proffered for a new facility. He said the proffers are intended for the impacts to the first due company in the area, which is the Round Hill Connnurnity Fire and Rescue Company. Unfortunately, the proffer language simply refers to "the Comity of Frederick for the Round Hill Community" as the recipient of the monetary contribution and acreage. He said theoretically, the money being proffered by the applicant intended for fire and rescue impacts could be used elsewhere. Mr. Snapp quoted language from the County's Amended Cash Proffer Policy, as follows: "...proffer funds received by Frederick County would be held for the use specified ui the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked for the first -due company in the area of the subject rezoning at the time the proffer funds are received." Chainnan Wilmot asked for comment from the County Attorney, Mr. Roderick Williams. Mr. Williams made two points: First, that State Law does not clearly allow for anything other than proffers to the local governent, itself. Second, the County's policy with respect to the cash proffer policy and the cannarking m for first due companies is a guideline the County can follow in terms of how it proceeds on using proffered funds. He. did not see any reason why this applicant's proffer statement, in its current form, would be contrary to that policy. Frederick County Planning Commission Page 2439 Minutes of March 18, 2009 • -10- Mr. Chester Lauck, the Round Hill Community Fire and Rescue Company Chief, voiced a concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along Route 50. He suggested pre-emption devices on all the traffic signals installed along Route 50. Ms. Laura Campbell, a resident on Poor House Road, was concerned about increased traffic on Poor House Road. She asked if there was an estimate on the amount of traffic that would be generated by this proposal. Mr. Mike Mullen, a resident along Poor House Road, Gainesboro District, expressed his concern that not all residents along Poor House Road were notified of this public hearing. He said the public hearing sign was only up for a few days; he said he never received notification by mail and was only made aware of the meeting after he called about the posted sign. Mr. Mullen asked the Commission to table the rezoning in order to give those residents who just found out about the proposal time to respond. Mr. Robert (Bob) Carpenter, a resident of Gainesboro District, said he and lhis «life own property directly adjacent to this property and they are the parties -Nvho are in discussion with regard to the northern extension of Poor House Road. Mr. Carpenter said at this time, they have not yet reached a final agreement on the road, but are actively talking. He said there is greater potential for direct impact to his and his wife's property than anyone else along Poor House Road, simply because they have approximately'/z mile of adjoining common boundaries. Mr. Carpenter said they are concerned about this project and they have been in discussions with the applicant; he said the applicant has been very forthcoming with their plans. He also has had an opportunity to meet with the representatives from the National Lutheran Home and has seen the scope of the project they plan. He thought it would be a tremendous anchor and an encouragement for other good development on the remainder of the prof ect. Mr. Carpenter believed the National Lutheran Home would bring an enhancement to the Route 50 corridor and to the Round Hill community. He said at this moment and based what he knows, both he and his wife supports this plan. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Wyatt returned to the podium to address comments from the citizens. Mr. Wyatt said the purpose for the relocation of Poor House Road is to take traffic primarily off this area, where there are existing houses, and the road geometry is much less than desirable. He said the current traffic volume is about 1,200 trips and based on complete build out of the project, traffic is anticipated to increase by another 5,800-7,000 trips; however, those trips would be directed away from the existing houses along Poor House Road. Regarding Mr. Lauck's conunent on the traffic signal pre-emption devices, Mr. Wyatt said if for some reason, the three -to -four acre site is not taken and the pre-emption at the Silver Lake signal is no longer a benefit, he would be willing to allow the pre-emption to transfer to the fully -funded traffic signal at the intersection of Poor House and Route 50. Commission members had positive comments about the proposal and commended the applicant and Greenway Engineering for a well-plamned and well thought-out project. Cornnussioners believed this was a good project for Frederick County and they believed the National Lutheran Home component was a much needed asset to the community. A Conunission member stated that for the short term, this project could strengthen the economy in thus area as far as the work that would be needed. Conunission members said they would like to see a commitment made by the Board of Supervisors that the proffered fiords will stay within the Round Hill Community and that the fire and rescue station will benefit from those fluids. Frederick County Planning Commission rage /44u Minutes of March 18, 2009 0 —11— 0 Conunlssloner Triplet made a motion to recommend approval of the rezoning «rith proffers. This motion was seconded by Commissioner Thomas and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 401-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for connrnercial use and a Continuing Care Retirement Community (CCRC) use. (Note: Conunissioner Kriz was absent from the meeting.) COMMISSION DISCUSSION DISCUSSION OF AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE CHAPTER 165 ZONING, SPECIFICALLY THE Ml ZONING DISTRICT CHANGES TO ADDRESS ACCESSORY USES. Senior Planner, Candice E. Perkins, reported that in December 2008, the Board of Supervisors approved revisions to Section 165-26 which addressed secondary and accessory use requirements in the zoning ordinance. Ms. Perkins said these new standards prohibited accessory retail in the M 1 and M2 Zoning Districts; however, as this revision went through the public process, the actual M1 regulations were not updated to reflect the accessory use standards. Therefore, this ordinance revision has been prepared to strike accessory retailing from the M 1 permitted uses and will also cover the M2 District. She said additionally, this ordinance revision will modify the text to show SIC uses 37-39 as permitted uses. Ms. Perkins stated this item was presented to the Development Review and Regulations Connnnittee (DRRC) at their meeting on February 27, 2009. She said the DRRC understands the proposed ordinance revision is to update the M1 District in order to be consistent with previously -approved updates. She said the DRRC recomunended approval of the changes and reconunended it be sent to the Planning Commission for discussion. Conunissioner Oates was concerned about how this amendment would affect existing retail uses and any plans for those uses to expand in the future; he asked if this amendment would prohibit them from doing additions. Ms. Perkins said that anything in affect prior to the adoption of the secondary use standards would be grandfathered; any type of retail expansions or new uses that would come in after that would be governed by Section 165-26. No other issues were raised. Ms. Perkins said this item will be for,,varded to the Board of Supervisors with the Conunission's continents for discussion. No action was needed at this time. Frederick County Planning Commission rage z441 Minutes of March 18, 2009 GREENWAY ENGINEERING 151 Windy Hill Lane F,„ "«i<<l I,: 19,-; Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Silver Lake Rezonin File No: 4928S Date April 27, 2009 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy 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 Mike, Please find attached the correct Generalized Development Plan that was approved by the Board of Supervisors for distribution to the County representatives and staff indicated on your approval letter. Please note that I have provided the Wilkins' and National Lutheran Home with this information as well. Please contact me if you have any questions or if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: 3.3 z Time: APR 2 7 2009 CO�� Q<v COUNTY of FREDERICK w _ - L Department of Planning and Development 540/665-5651 FAX: 540/665-6395 .138 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 24, 2009 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 #01-09 for Silver Lake. The company has returned the signs 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: Silver Lake LLC 13 S. Loudoun St Winchester, VA 22601 RSA/pd 41A I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 yatch Jai an(' So '. T A X R E C E I P T _FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Ticket #:00006210001 Date 2/24/2009 Register: BCC/BCCS2 Trans. #: 89162 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by PLANNING Check 36501-00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 2/2009 r E • Frederick County Depart Planning & Development 107 N. Kent Street Ste 202 Winchester, VA 22601 540-665-5651 00 0 0 0 O CDO O O O U] W W •u w _r. O ro�C�N to CD O N CD CD H 00 6 Applicant: Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office OUTPUT MODULE , silver lake 0 Units 100 0 0 1,077,650 Sq. Ft. 583,050 Sq. Ft. 494,600 Sq. Ft. Total capital facilities impacts to mitigate _ $ 2,209,739 Total revenue from commercial component $ 31,788,328 10 Year average of expenditures toward capital items 18% Revenue to assign as credit from commercial component $5,721,899 Total capital facilities impacts left to be mitigated $(3,512_._ 160) Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue --..__._......._..._.___...__._.__._.__....__....._...__.____.---.__._._.._....__._.._....._.._._._.__._.._...._____.$78,977__ _.__.._._._._._.._._____.....$125..52.6 #DIV/0! General Government _......_._......__...._.._._...._.__....._......_...__.......__..._.._.._..._,...._....._..._......_....._................._._....................._..__ $31 978 ............._.......__....._......_..._..... - - ..._...--..._.__..._................_.._..__.._..... ($50 826) #DIV/0! Public Safet.,,,...................,....._,....._........_........._._....-......-.................. $67,094 ...................................................................__....__.._........_...._........._...._....._............................................................I—....................... — .�..._....__.._....._.. _....._.-__-..__-- $106 639) .._.._............_....__..._. #DIV/0! Libra................................_...._._..__.__.._....._........_......._..,-_......_ _.....__.....r1!_...__.._.._....._._..._........._.._.._............................................................................_......._$37,237................................,....................................................($59,.1..8.4)......... #DIV/0! Parks and Recreation _......_....._._-............_..._.._.._._.__.._......_...._._............_.........._-.._......_......_.__............-_.._..__......._.__.._...- $223 868 ..__......._...._....__.......__.........._...._._......._....._........_ ($355 816) #DIV/0! School Construction $1,770,585 _-._..._......... _...._...._.. ($2,814,168) _........_._._...._._..__............._...._.. _ #DIV/0! Total $2,209,739 ($3,512,160) #DIV/0! t L Mike Ruddy From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Thursday, April 02, 2009 8:41 AM To: John Bishop Cc: mruddy@co.frederick.va.us; jrw3@ntelos.net Subject: RE: Silver Lake Proffer Statement Thanks John! -----Original Message ----- From: John Bishop[mailto:Jbishop@co.frederick.va.us] Sent: Thursday, April 02, 2009 5:18 AM To: Evan Wyatt Subject: Re: Silver Lake Proffer Statement Evan, It looks like the issue we discussed has been addressed. Thanks John -----Original Message ----- From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: <mruddy@co.frederick.va.us>, <jbishop@co.frederick.va.us> Date: Wed, 1 Apr 2009 09:32:11 -0400 Subject: Silver Lake Proffer Statement Hi Mike and John, I have attached what is hopefully the final proffer statement for the Silver Lake Rezoning. The proposed revisions are identified in bold/italic text and language to be eliminated is identified in strike out text. These revisions address John's question regarding the Rt 37 northbound on -ramp design, the option for pre-emption at either the Silver Lake Road intersection or Poor House Road intersection, and comments from Rod Williams in his 3-16-09 email. Please look this over and advise me if you have any questions at this time. I will get Richie to sign this revised proffer statement as soon as I hear back from you and will provide you with the GDP that has the March 30th date at that time. Thank you, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 i Visit us on the web at www. reenwa en .com <http://www.Rreen�!'yeng.com/> to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. P Please consider the environment before printing this CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. z • • It\ GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Silver Lake, LLC Rezoning File No: 4928S Date April 8, 2009 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Lir-Lcnt ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the March 30, 2009 Proffer Statement that has been signed and notarized, as well as a new copy of the GDP that has been modified to reflect the new proffer statement date. Please advise me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: Time: s GREENWAY ENGINEERING, INC. 151 Windy I lill Lane Winchester, Virginia 22602 t Founded in 1971 MEMORANDUM TO: Frederick County Planning Commissioners FROM: Evan Wyatt, AICP Greenway Engineering RE: Silver Lake, LLC Proffer Statement Addendum DATE: March 13, 2009 Please find attached a copy of the addendum to the Silver Lake, LLC Proffer Statement dated March 13, 2009. This addendum provides a technical modification to clarify the fire and rescue section of the proffer that is consistent with County policy. The specifics of this addendum are identified in the two -page attachment that provides bold and italic text for new language and strike out text for language that has been eliminated. This addendum meets with the approval of the County Planning Department and the County Attorney. Greenway Engineering has provided a copy of the complete Silver Lake, LLC Proffer Statement dated March 13, 2009 that has been signed by the owner and notarized. For your convenience, this document has been three -hole punched to allow for the replacement of the March 2, 2009 proffer statement that you received in your agenda package. Please contact me if you have any questions regarding this information, or if you need anything else at this time. Cc: Silver Lake, LLC Mike Ruddy, Frederick County Planning Rod Williams, Frederick County Attorney Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 File #4928/EAW www.greenwayeng.com Greenway Engineering November 25, 2008; Revised January 6, 2009.0 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 E. fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round 1441 eommunity within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station sire Round Hill at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. site Round 144 eommunity. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the NIS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non -appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station serving the Round Hill ,,,.m,,,, p4y has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. seFving the Round 1441 File #4928S/Silver Lake LLC Rezoning 0 Greenway Engineering • November 25, 2008; Revised January 6, 2009 2 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning !� �CiF 1 .. / •� LS yes �M, v► •i - 1 �t f � �' o j ON � ��♦ 1� ��'y►� ,fit +t.�^-'ff�.. r�A /r+� •„ I �f, = ( � �+ - :, l .i;f t' - ; i•. ~'./' ,�','!. - _.� ♦ , �/: 'fir r"?r, .. y � s s` • �� > y ` yr• F ��i�i f+� / , I f ��� ' !' F�+� R It, ,�; t '✓ '' •', -♦•4'•i �.r / f � r;., � J� 7Al,jrq^�,i�. (,, �`•~ ♦ ' \ L r � �Z ".��i.: /� ` , 1 � '. �� � Qt�;- `: . 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'�k ,+�_ � / ,•�t )� e . � '� i,�.;'� .,i,' .� a. • �'"j t -� �'iiy'1�, Y.�'yRM ; y '•' "�►•- :+C `f-'.7 '. ,�. s ��.�' : �, ' �I��F� iii'i � »+ � -R 4- "'�"•� vat IIN 04 Iko gel In w N J e�_ ►y pp`'J W4 ;qv R� �1, %l 1�� • , ' ' � t 1 1 �� � - ill �� � � � �• l � v � I • � �1 r I �' Ak IN- , ,�,.. wr _ � w ,�'� "�� Y' r .ii.�j�'• ;�_ t't{ �•�.s r�L"�.�i��Y� i dam' _ .c �„ .r Y ;, '. is'V�.�•• ` '�iV y'y' r __cc"..SaaS'« 1• •,'""may - i � - \sue i �•. . �; `�/-'"'"/�►' .I Ord � � Y r 0 4 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Silver Lake Rezoning Application File No: 4928S Date February 20, 2009 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy 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 Mike, Please find attached all required information for the Silver Lake Rezoning Application, as well as 70 color copies of each map set and 70 color copies of the proffered GDP. Please schedule this project for the march 18" Planning Commission agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: I 0 6 GREENWAY ENGINEERING F-,grlL'E Cn''Y 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMIT T AL Project Name: Silver Lake Rezoning Application File No: 4928S Date February 20, 2009 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy 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 Mike, Please find attached all required information for the Silver Lake Rezoning Application, as well as 70 color copies of each ma set and 70 color copies of the proffered GDP. Please schedule this project for the march 18` Planning Commission agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By• !(�u,u-�'i.�... ' `"�E�ate: -� `2� Uq Time• 3 Please Print Name: L. -i %<��y Virginia I_%E'(7c r'tfnrr 1 4 LANDTRACK INFORMATION SHEET All Yellow fields Must be filled in. Blue fields require at least one field contain an entry. Green fields' ' are supplemental, to be used as necessary. Submission Details Project Name Round Hill Center Locality's Project ID TBD Construction District Winchester Jurisdiction Frederick County, Locality Contact Greg Hoffman TIA Preparer PHR+A Winchester Residency 10212 Governor Lane Blvd. Route 50 Suite 1007 Winchester, VA Williamsport, MD 21795 Location Route Number Street Name 50 Northwestern Pike Site Details Chapter 527 Submission YES Acreage 481 Acres (Appx) Residential Units 650 VPH (net) AM - 1554 PM - 3199 SAT - 3464 Principal Parcel ID 52-A-63 (Tax Map or GPIN) 52-A-50 52-A-C 52-A-B 53-A-70 53-A-A 53-A-68 Payment Fee Waived NO Payment Received YES Check # Payment Amount $1,000.00 Tracking Date Received by Locality Locality's Requested Due Date Principal Rte (type "x" in box) ❑® ❑■ ADT Weekday- 26,280 SAT- 17,540 Submission Type Zoning TIA Review Facility Type Mixed Use - Commercial / Residential Commercial SgFt 1,077,650 SF VPD (net) Weekday — 35,896 SAT — 35,518 2x VPD (low vol. threshold) Reason for Waiver == Select -= Payment Type -- Select -- Check Holder Received From Comments A Phased Traffic I>npact Analysis of the Round Hill Center Located in: Frederick County, Virginia Prepared for: Silver Lake, PLC 13 S. Loudoun Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. ]�p/ 10212 Governor Lane Blvd, Suite 1007 _ Williamsport, Maryland 21795 301.223.4010 F 301.223.68316831 November 25, 2008 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Round Hill Center development located along the east side of Poorhouse Road, north of Route 50 (Northwestern Pike), in Frederick County, Virginia. The proposed development is to include 122 elderly detached units, 448 elderly attached units, 494,600 square feet of office, 578,300 square feet of shopping center and 4,750 square feet of convenience mart with gas station. Build -out is anticipated to occur over four (4) transportation phases by the Year 2022. Phase 1 will be built -out by Year 2012 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units and 180,000 square feet of shopping center. Access to the site will be provided via Spinning Wheel Lane located along the north side of Route 50. Phase 2 will be built -out by Year 2018 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units, 105,000 square feet of office and 350,000 square feet of shopping center. Access will be provided via Spiming Wheel Lane, Proposed Silver Lake Road, Retail Boulevard, and Botanical Boulevard located along the north side of Route 50. Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard will be connected via the Proposed Connector Road. Phase 3 will be built -out by Year 2020 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units, 350,000 square feet of office and 490,000 square feet of shopping center. Phase 4 will be build -out by Year 2022 and it assumes the full build -out of the proposed Round Hill Center development. For Phase 3 and Phase 4, access will be provided via Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard located along the north side of Route 50. Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard will be comnected via the Proposed Connector Road. Additionally, access will provided via Poorhouse Road, which will be connected to the Relocated Spinning Wheel Lane. As a result of this confection, it is assumed that 20% of the traffic coming from the north on Route 37 and going to west on Route 50, during Phase 3 and Phase 4 background conditions, will be re-routed to be coming from the north on Poorhouse Road and going to the west on Route 50. Figure 1 is provided to illustrate the location of the proposed Round Hill Center development with respect to the surrounding roadway network. P�IIZn A Phased Tra f c Impact Analysis o(the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page I Methodology The traffic impacts accompanying the Round Hill Center development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other plamled projects in the area of impact, • Calculation of trip generation for the proposed Round Hill Center development, • Distribution and assigiunent of the Round Hill Center development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of Synchro for existing and future conditions. PH A Phased Traf is Impact Amalysis of the Round Hill Center Project Number: 15233-1-0 J November 25, 2008 Page 2 522 •a. - Ind`an i�off e 0 OJy �A Q6 0 37 n ro A a s u:'w. j _ d'C 522 Winchester 11 �'�°k` R6 Medical Center SITE F%cund dill Yprt?„."Vern 171,9 F OryC^ Reund,4ff!f?d C,Oar crscK 614".e ca z �O,yy,ne A,e Winchester Rock ^IarGOf m b'1 Hebron Golf Co.rse cerr,etery — 522 5a .hm Dame?. � Fars. u•d ,gin,.;.,.. 2 S Jubw Qew. Apple GsJdr y Blossom Mall 11 a S t] A rT Figure 1 Vicinity Map: Round Hill Center, in Frederick County, VA PH A Phased Traffic hnpact Analysis oect Round Hil/ Center Project Number: 15233-1-0 November 25, 2008 Page 3 1 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 50/Poorhouse Road, Route 50/Round Hill Road/Retail Boulevard, Route 50/Botanical Boulevard/Ward Avenue, Route 50/Route 37 southbound ramps and Route 50/Route 37 northbound ramps. In order to determine the ADT (Average Daily Trips) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10% was assumed. Figure 2 shows the existing weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective existing lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All traffic count data, Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 1 to show the 95th percentile back of queue and levels of service for each lane group during existing conditions. PHR1� A Phased Traffic Impact Anah sis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 4 1 No I 170] s7o _ 2 S C c F SO +--- 435(1740)18371 17411(625)1493M-� .754 3 '1 vl �1 1 vl rn 1 5 1 4�435(1740)18371 17411(625)1493—.+ 4 c 6260 =n w C � a 397(15141)16941 44(59)1381 1861(48)30�,1 1650J(574)14G0 C 151(3)3� S �1 1260 � q LT--)— ,.P + Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] I I ~ G19p7sl �" 32(43)1361111261 1 ��379(1275)(715 (7441(749)1206 0_119(39E)f11211 13221(344)459.- 7f c «�332(791)175J �537�� (1170)15731 015 �� 1453 l� ti �\NO �5�1J 1y Figure 2 Existing ADT and AM/PM Peak Hour Traffic Volumes A Phased Traffic Impact Analysis oftlle Round Hill Center PAProject Number: 15233-1-0 H November 25, 2008 Page 5 I Unsignalized Intersection L%a � V � /— tB(A)[Aj* *[AI(C)Ay �r v 2 Unsignalized Intersection S 50 ti 3 C, JL' v� 4 Signalized Intersection LOS=B(B)[BI s � �A(A)IAJ JBI(B)C�►y V% sr4 Intersection � a LOS=B(B)[AJ 4 nq m , 4 � tZA(B)IA] �-4 IAJ(B)B y t� 1 Signalized Intersection LOS=C(D)[B] r`w- e c(D)IBI IAI(D)B 71 Signalized g4 -11ntcrscction LOS=C(C)[B]ISO o �ic(c)IBJ IAI(B)C y jjr t 4ac� �14 Denotes Yield Conditions * Denotes Unsignalized Critical Movement AM Peak Hom•(PM Peak I-Iour)[SAT Peak Hour] Note: See Table 1 for levels of service by "Lane Group" Figure 3 Existing Lane Geometry and Level of Service A Phased Traffic Impact Anahisis of the Round Hil( Center PAProject Number: r 25, 2 1 8 H November 25, 2008 Page 6 Table 1 Round Hill Center Levels of Service and Back of Queue (95'Yo) Results Existing Conditions Intersection Traffic Control Lane Group/ Approach AM Peak IIour PM Peak Hour SaturdaY Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Poorhouse Road Unsignalized EB/L A 25.0 C 25.0 A 25.0 EB/T EB/T EB/R WB/L B 25.0 A 25.0 1 A 25.0 WB/T WB/T W B/R NB/LT E 26.0 E 26.0 C 25.0 NB/R - - - - - SB/LI' P 43.0 E 224.0 E 32.0 SB/R Route 50 & Spinning Wheel Lane Unsignalized EB/T EBfl' WB/1- WB/TR SB/R Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L B 25.0 B 31.0 B 65.0 EB/T C 529.0 B 140.0 B 211.0 EB/T EB/R A 25.0 A 25.0 A 25.0 C B B A 25.0 A 25.0 A 25.0 A 25.0 A 671.0 A 71.0 EEBLOS A 25.0 A 25.0 A 25.0 A A A NB/LT D 36.0 D 33.0 D 31.0 NB/R B 1 54.0 A 31.0 A 25.0 NB LOS B B B SB/L D 25.0 D 79.0 D 137.0 SB/L SB/T D 25.0 D 25.0 C 25.0 SB/R B 25.0 B 82.0 A 52.0 SB LOS C C C Overall LOS B B B Route 50 &Ward Avenue/Botanical Drive Signalized EB/L C 25.0 C 25.0 C 25.0 EB/T B 209.0 B 201.0 B 205.0 EB/T EBR A 25.0 A 25.0 A 25.0 EB LOS B B A WB/L E 55.0 D 31.0 D 49.0 WB/f A 50.0 B 306.0 A 104.0 WB/T WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A B A NB/LT D 38.0 D 59.0 D 47.0 NB/R B 1 36.0 B 27.0 B 26.0 NB LOS C C C SB/L D 31.0 D 25.0 D 25.0 SB/LT D 31.0 D 25.0 D 25.0 SB/R C 25.0 B 25.0 A 25.0 SB LOS D C D F777Overall LOS B B A * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Ti-a fc Impact Anal s� is of the Round Hill Center- �� ,rA- PHProject Number: r 25,2 1 8l - November 25, 2008 Page 7 Table 1 (continued) Round IIill Center Levels of Service and Back of Queue (951/6) Results Existing Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PNI Peak hlour 3aturday Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Route 37 SB Ramp Signalized EB/f C 327.0 E 412.0 B 209.0 EB/T EB/R A 25.0 A 25.0 A 25.0 B D A E 68.0 E 226.0 E 71.0 A 55.0 C 581.0 A 105.0 ISBLOS C D B D 311.0 B 100.0 C 55.0 A 59.0 D 632.0 D 342.0 C D D Overall LOS C D B Route 50 & Route 37 NB SignalizedRamp EB/L D 260.0 D 134.0 B 126.0 EB/L C 287.0 A 25.0 A 25.0 C B A D 191.0 C 533.0 B 193.0 REBLOS A 25.0 A 25.0 A 25.0 C C B B 49.0 D 202.0 D 106.0 NB/L NB/R D 577.0 D 1 197.0 D 1 150.0 NB LOS D D D Overall LOS C C B * Assumed 25 feet Vehicle Length EB = Eastbound, WI3 =Westbound, NB = Northbound, SB = Soulhbound L: LeR, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round Hill Center PHP Project Number: r 25,2 1 8 November 25, 2 e 8 Page 8 PHASE 1 TRAFFIC ANALYSES (2012) Phase 1 will be built -out by Year 2012 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units and 180,000 square feet of shopping center. Access to the site will be provided via Spinning Wheel Lane located along the north side of Route 50. PHASE 1 2012 BACKGROUND CONDITIONS In order to determine the 2012 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 2.0% per year through Year 2012. Additionally, all trips relating to specific fixture "other developments" located within the vicinity of the site were incorporated. Using the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Tables 2a through 2d to sununarize the 2012 "other developments" trip generation. Figure 4 shows the 2012 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 5 shows the corresponding 2012 background lane geometry and weekday AM/PM and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 3 to show the 95th percentile back of queue and levels of service for each lane group during Phase 12012 background conditions. Table 2a Valley Health Systems Trin Generation Summary ITE AM Peak IIour PM Peak Hour ADT Code Land Use Amount In Out Total In Out Total 312 Business Hotel 100 rooms 34 24 58 37 25 62 727 832 H-T Restaurant 7,600 SF 37 34 70 50 33 83 991 Pass -by Trips (25%)* 9 9 18 10 11 21 248 Total "New" Tripsl 62 49 111 1 76 47 124 1 1,470 * 25% pass -by trips are assumed for H-T restaurant PHR/� A Phased Traffic Impact Anal>>sis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 9 Table 2b Willow Run Phase 1 TriD Generation Summary ITG Land Use Amount Code AM Peak IIour PNI 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 Table 2c Stonewall Plaza THD Generation Summary Code Land Use Amount AM Peak IIour PM Peak Hour ADT In Out Total In Out Total 710 Office 238,600 331 45 376 59 287 346 2,606 820 Retail 47,325 SF 61 39 100 183 199 382 4,176 912 Drive-in Bank 4,500 SF 31 24 56 103 103 206 1,077 934 Fast Food w/ DT 4,000 SF 108 104 212 72 67 139 1,984 934 Fast Food w/ DT 3,000 SF 81 78 159 54 50 104 1,488 Total 1 613 291 1 903 471 1 705 1,176 11,332 Table 2d Glaize 1Ttp Ueneration 6ummary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 Total 135 130 266 90 83 173 2,481 A Phased Traffic Impact A17al}siS of1he Rowrd Hill Center PHP Project Number: r 25,2 1 8 November 25, 2010 Page 10 F'IW532(1936)[9661 18711(729)1693..-� Ix y1 1 4 6260 _ n C 2 1 N 6(21)128f `= 454(1711)17791 � e-143(128)17481 1861(48)30�� S I734)(65I)1619 � • Weekday Saturday ADT AM Peak Hour(PM Peak Hour)jSAT Peak Hour] 103l N b I «_ 71(94)11271 r� 1r1 �aj 779(2030)11344 iii 11�►132(43)1361 I 115)(11)]2�� • 19610040)1770�� 148](42)37 J nc 'y J `mW 132 49M913 19321(902)1416 ��laz(428)11241 I4231(42I)563� 71 g 651 165 ]65 Figure 4 Phase 1: 2012 Background Traffic Conditions A Phased Traffic Impacl Analysis of the Round hill Center PR+ /� Project Novemb r 25, 2 1 8 H � � November 25, 2008 Page I I Intersection Intersection Improvements" Si nalization g Intersection ` b �z LOS=A(A)]A) 3 LOS=C(B)]B] 4�mL 0. 4—q Q� �� ��y u ~A(A)]A] it t �r IBI(B)C *JB](C)A�► �d�—C(A)(B]* L`I� y \1 Z r Signalized Intersection 4- 1OQSIl[iighl- ( Signalized Intersection 1 "Suggest F' mprovemc LOS=C(E)[C] ` LOS=C(B)[A] p%Vcavin6 4Unsignalized sn�B(D)[BJ LOS A(B) tA) �B(B)IAl IcJ(C)C� Fa IAI(1I)Cm-- CYe a, 2 Signalized En a IntersectionED _ D(D)IBI J 1A J(c)D --a Tie Y,� Signalized ` Intersection IJ <?� LOS=C(B)[B] V .d �A(B)JAJ IcJ(B)�y Vr f Denotes Yield Conditions Denotes Free Flow Conditions �s * Denotes Unsignalized Critical Movement s AM Peak Hour(PM Peak Hom-)[SAT Peak Hourj Note: See Table 3 for levels of service by "Lane Group" _Pr JQ+ A \ MWV Figure 5 Phase 1: 2012 Background Lane Geometry and Level of Service A Phased Traffic InRact Analysis of the Round Hill Center PHPProject Number: r 25,2 18 November 25, 2012 Page 12 11 11 11 u 11 Table 3 Round Hill Center Levels of Service and Back of Queue (95'%;) Results Phase-1 2012 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour I'M Peak Hour Saturdav Peak Hour LOS 13ack of Queue LOS Back of Queue LOS Back of Queue Route 50 S Poorhouse Road Signalized EB/L A 25.0 A 25.0 A 25.0 LB/T B 489.0 A 109.0 A 173.0 EB/T EB/R A 25.0 A 25.0 A 25.0 B A A A 25.0 A 25.0 A 25.0 A 86.0 A 562.0 A 188.0 FEBLOS A 25.0 A 25.0 A 25.0 A A A D 25.0 D 25.0 C 25.0 NBR B 34.0 B 1 30.0 B 25.0 NB LOS B C B SB/LT D 43.0 D 58.0 C 32.0 SB/R C 25.0 B 35.0 B 25.0 SB LOS C C B Overall LOS A A A Route 50 & Spinning Wheel Lane Unsigttalized EB/T EB/T WB/T WB/TR SB/R Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L B 25.0 B 33.0 C 69.0 EB/T C 708.0 B 171.0 C 256.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS C B C WB/L D 155.0 A 25.0 A 28.0 WBrr A 25.0 C 824.0 A 51.0 WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A B A NB/LT E 97.0 E 64.0 D 77.0 NB/R D 187.0 A 41.0 B 70.0 NB LOS D C C SB/L D 25.0 D 77.0 D 135.0 SB/L SB/T D 25.0 D 25.0 C 25.0 SB/R B 25.0 C 112.0 A 53.0 SB LOS C C C Overall LOS C B B Route 50 &Ward Avenue/Botanical Drive Signalized C 25.0 C 25.0 C 25.0 C737.0 B 223.0 B 334.0 KEB/L A 25.0A 25.0 A 25.0 C B B E 48.0 D 27.0 D 30.0 A 75.0 B 365.0 B 176.0 WB/T WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A B B NB/LT D 38.0 D 63.0 D 47.0 NB/R B 37.0 B 29.0 B 26.0 NB LOS C C C SB/L D 63.0ffD50.0 D 61.0 SB/LT D 63.050.0 D 61.0 SB/R B 25.025.0 B 1 25.0 SB LOS D I D D Overall LOS C IB B PR+AH - Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Th;u, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round I--Iill Center Project Number: 15233-1-0 November 25, 2008 Page 13 17 [J Table 3 (continued) Round Hill Center Levels of Service and Back of Queue (95'%,) Results Phase-1 2012 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ANI Peak Hour 1'M Peak Hour Saturday Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Route 37 SB Ramp SignalizedPW,VB EB/r D 565.0 C 401.0 A 37.0 EB/r EB/R A 25.0 A 25.0 A 25.0 EB LOS C B A V 6 61.0 D 147.0 D 59.0 B/T VB/T207.0 A 74.0 A A 25.0 WB/T LOS B B A SB/L E 439.0 D 212.0 D 129.0 SB/R A 25.0 A 25.0 A 1 25.0 SB LOS C B A Overall LOS C B A Route 50 & Route 37 NB Ramp Signalized EB/L E 260.0 D 194.0 C 146.0 EB/L LB/r C 253.0 A 33.0 A 25.0 EB/T EB LOS D C A WB/T E 253.0 1 E 714.0 C 240.0 1 WB/T WB/R A 25.0 A 1 25.0 A 25.0 WB LOS D D B NB/L B 69.0 D 234.0 D 146.0 1 NB/L NB/R D 674.0 D 1 204.0 D 160.0 NB LOS D D D Overall LOS D D B PHR+A * Assumed 25 feel Vehicle Length EB = Eastbound, WB=Wcslbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round ]-Till Center Project Number: 15233-1-0 November 25, 2008 Page 14 PHASE 1 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Ge7leratio7l Report. Table 4 is provided to summarize the total trip generation associated with the Phase 1 of Round Hill Center development. Table 4 Proposed Development: Round Hill Center Ph— 1 T,An (:nnPr�tim, .Cnnnnn,'v 17 E AM Peak hour. I'M Peak Ilour ADT Saturdav Peak hour ADT In Out Total In Out Total In Out Total Land Use Amount Code 251 Elderly I lousing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448 units 16 20 36 30 19 49 1,559 67 67 134 1,124 820 Shopping Center * 180,000 SF 113 72 185 324 351 675 7,729 465 429 895 8,995 Sub -Total 142 113 254 389 392 781 9,929 548 514 1,062 10,457 25% Pass -by (Code 820) 23 23 46 84 84 169 1,932 112 112 224 2,249 Total "Nero" Trips 119 1 89 1 208 1 304 1 308 612 1 7,997 1 436 1 402 1 838 8,208 - Average races are u nizea. PHASE 1 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Round Hill Center Phase 1 development trips (Table 4) throughout the study area roadway network. Figure 7 shows the development - generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour trips. PHASE 1 2012 BUILD -OUT CONDITIONS The Round Hill Center Phase 1 assigned trips (Figure 7) were added to the 2012 background traffic volumes (Figure 4) to obtain 2012 build -out conditions. Figure 8 shows the 2012 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 9 shows the respective 2012 build -out lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 5 to show the 95t" percentile back of queue and levels of service for each lane group during Phase 1 2012 build -out conditions. PNRn A Phased Traffic Impact Analysis oithe Rotord Hill Center Project Number: 15233-1-0 November 25, 2008 Page 15 No Scale 10% 10% c 25% 35% Ra .c 3r a SITE - 37 a . $ C/ 10% 20% 37 25% 30% Commercial Residential ■—T T�� / Figure 6 Phase 1: Trip Distribution Percentages A Phased Traffic Impact Analysis ofthe Round Hill Center PH"ProjectNovemb r 25, 20 8 November 25, 2016 Page 16 I NI 1 (-I 2 %5291 ly,12101(1g8)52=1 561( 72)_12N. 3 , LI re 1 �1 � 1 1 4 z 0 ZY L �C }'f'— 78(199)I2831 1262](195), � ( • i 0 q C 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 1 /1 m, 78(199)11831 12621(195)6q`_riii y n gS e �� 46016)n 6-1) 11581(11G)39_i �_ IIOSJ(79)2q� e 1109I(35f�IS(37)15�1 1(81)16)13�wo J 1g91 967 .A Figure 7 Phase 1: Development -Generated Trip Assignments A Phased Traffic Impact Analysis of the Round Hill Center PR/� Project Novemb r 25, 20 8H1 � No25, 2008 Page 17 I No no 1 I9C n 5 n � D 12101(148)52 18151(687)1681 C' -il �1 v� 4 h T 1 6260 n > t�5(21)[281 II O( 50 ��143028 ,n48J 1861(48)30�%1 10961(846)I682 � 1511(30)44� N N C Weekday 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] a m 2037 �w fla858(2228)71 m f"32(43)J361 '123 11627J 1481 18J4�� I/ 148I(42)31a� 1540 ` n V N o O S0 (-565(1609)(1089 Oc)1456 132(428)1124J 1 8�] *A"1418(ll 60)1731 1(521)678�%1 729)1178 �/ 189i 5q n� Figure 8 Phase 1: 2012 Build -out Traffic Conditions A Phased Traffic Impact Analysis or the Round Hill Center PHP Project Number: r 25,20 8 November 25, 2008 Page 18 * = LOS=A(A)IAl Gi c jK L c ` ffm 4—C(B)IBl* t 1 ~A(A)IAI t *IBI(C)A_/� G JAI(A)A'.`u * U LUJ=B(l3)it31 �` M o/( ,--A(B)[Al IBI(B)B� yr 57 Ci Signalized Intersection LOS=B(F)IFl z � s° _ a►D(D)ICI IBI(D)D Signalized "Suggested Intersection T1 improvements" LOS=13(B)IAl `V� SBRghI -Frm 'Davin • y A G V �� � B(B)IAI IAI(B)A n � a s(u)IAI � Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak IIour(PM Peak Hour)[SAT Peak Hourl Note: See Table 5 for levels of service by "Lane Group" A PhasedTraffic Impact Analysis oithe Round Hill Center PHP-*.--+—A Project Number: I5233-1-0 November 25, 2008 Page 19 ' Table 5 Round hIill Center Levels of Service and Back of Queue (95%) Results Phase -I 2012 Build -out Conditions (with Assumed Improvements) Intersection Traffic ControlLOS AIVI Peal: Motu' PN1 Peal: (lour aturdav Peak I1on 1' Back of Queue LOS (lack of Qucuc LOS Back of Queue Route 50 & Poorhouse Road Signalized hBf A 29.0 A 25.0 A 25.0 A 455.0 A 128.0 A 244.0 A 25.0 A 25.0 A 25.0 Ell LOS A A A WB/L A 25.0 A 25.0 A 25.0 WBrr A 50.0 A 34.0 A 45.0 WBrr 1VB/R A 25.0 A 25.0 A 5.0 WB LOS A A A NB/LT D 1 25.0 D 1 24.0 D 25.0 NB/R B 35.0 B---F 29.0 B 25.0 NB LOS C C C SB/LT D 56.0 E 121.0 D 90.0 SB/R C 25.0 B 35.0 B 1 25.0 SB LOS D D D Overall LOS A A A Route 50 & Spinning Wheel Lane Signalized EB/L A 25.0 E 169.0 C 67.0 EBn' A I 25.0 A i 110.0 A 107.0 EBrr EB LOS A B B %VB/T A 1 96.0 C 54.0 B 1 325.0 WB/T WB/R A 25.0 A 25.0 A 25.0 R43 LOS A B A SB/L D 91.0 E 303.0 D 282.0 SB/R B 30.0 B 95.0 A 50.0 SB LOS D D C Overall LOS A C B Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L B 25.0 B 26.0 C 75.0 EBrr C 796.0 B 153.0 C 37G.0 EB/T EB/R A 25.0 A 25.0 A 29.0 Ell LOS C B C WB/L D 140.0 A 25.0 B 71.0 WB/T A 42.0 D 958.0 A 62.0 1VB(f WB/R A 25.0 A 25.0 A 25.0 VB LOS B D A NB/LT E 95.0 E 64.0 D 80.0 NB/R D 272.0 B 1 61.0 B 86.0 NB LOS D C C SB/L E 25.0 D 79.0 D 142.0 SB/L SB/T D 25.0 D 25.0 C 25.0 SB/R C 29.0 C 128.0 A 54.0 SB LOS D D C Overall LOS C C B Route 50 & Ward Avenue/Botanical Drive Signalized EB/L D 25.0 D 25.0 C 25.0 EB/T B 930.0 B 280.0 B 339.0 EB/T EBR A 25.0 A 25.0 A 25.0 EB LOS B B B WB/L E 56.0 D 25.0 D 37.0 W B/T A 59.0 B 289.0 A 133.0 WB/T WB/f WB/R A 25.0 A 25.0 A 25.0 VVIB LOS A B A NB/LT E 45.0 D 64.0 D 48.0 NB/R B 40.0 B 29.0 B 26.0 NB LOS C D C SB/L E 73.0 D 51.0 D 65.0 SB/LT E 73.0 1 D 51.0 D 65.0 SB/R B 25.0 B 25.0 B 25.0 SB LOS D D D Overall LOS B B B * Assumed 25 feet Vehicle Length EB = Eastbound, W13 =Westbound, NB = Northbound, SB = SOalhbomld L Left, T:Thtu, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Inivact Analysis of the Round Hill Center PHP Project Novemb r 25, 2 1 8 November 25, c 20 Page 20 Table 5 (continued) Rowel Hill Center Levels of Service and Back of Queue (95'Yo) Results Phase-1 2012 Build -out Conditions (with Assumed Improvements) Traffic Traffic Control Lane Group/ oup/ Approach AM Peak Hour PNI Peak Hour aturday Peak Motu• LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Route 37 SB Ramp Signalized EB/T B 421.0 C 495.0 A 36.0 EB/T EB/R A 26.0 A 75.0 A 25.0 EB LOS I B A E 77.0 D 128.0 D 60.0 A 57.0 A 279.0 A 60.0 KVBLOS B B A E 506.0 D 212.0 D 134.0 A 25.0 A 25.0 A 25.0 C B A Overall LOS B B A Route 50 &Route 37 NB SignalizedRamp LB/L D 373.0 F 296.0 C 197.0 EB/L EB/T C 485.0 A 34.0 A 34.0 EB/T EB LOS D D B E 284.0 E 648.0 C 277.0 B 75.0 A 101.0 A 40.0 I D D C B 96.0 E 341.0 D 204.0 NB/R E 816.0 D 231.0 D 1 168.0 NB LOS D D D Overall LOS D D C PI�lZl� ' Assumed 25 feet Vehicle Length EB = Eastbound, W13 =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased TraCrc Impact Anah sis of the Rowel Hill Center Project Number: 15233-1-0 November 25, 2008 Page 21 PHASE 2 TRAFFIC ANALYSIS (2018) Phase 2 will be built -out by Year 2018 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units, 105,000 square feet of office and 350,000 square feet of shopping center. Access will be provided via Spimling Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard located along the north side of Route 50. Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard will be connected via the Proposed Connector Road. PHASE 2 2018 BACKGROUND CONDITIONS In order to determine the 2018 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 2.0% per year through Year 2018. Additionally, all trips relating to specific future "other developments" located within the vicinity of the site were incorporated. Using the 7t" Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Tables 2a through 2d in Phase 1 analysis on pages 9-10 to summarize the 2018 "other developments" trip generation. Figure 10 shows the 2018 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 11 shows the corresponding 2018 build -out lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 6 to show the 95°i percentile back of queue and levels of service for each lane group during Phase 2 2018 background conditions. A Phased Traffic Impact Anal sis of the Round Hill Center PHPProject Numberovemb r 25, 20 8 November 25, e 22 Page 22 No Scale 50 _ C v 1560 o 4-519(2081)19951 2204 je�41(76)Ia61 50 1191(7)80�.� 1151 19341(750)1825y 110](5)7� i 1080 2 3 a) 1�•590(2152)110631 19621(810)1896—.y 2574 3 1 CI �1 r196�21(81 v71 1 4� 59o(2152)n 0631 0)1896 �� 2574 4 a 6260 m^q 6(21)1281 n C� f509(1926)1875, 50 ��� 150(136)11531 1861(48)30�� 1825)(731)1822 a 152J(31)44 _+ C a _c 5j40 R C Lv— T-DT P'�No..d - 0ad SITE r% _ Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 50 c o� zo37: J *--" (. )136] 11333 hs1(11)7z►i%' R 1(111 0 %1 1481(41(42)3)31� I 7s 70 3 H H 6 S b\ b ,e hy, 0�N r/ «WN572(1671)11013 ie'- 148(483)1139J 1 11035)(1006)1584�4 a 14681(469)627` 1D i a Figure 10 Phase 2: 2018 Background Traffic Conditions A Phased Traf 7c Impact Analysis of the Round Hill Center Pf—�+ProjectNumber:15233-1-0 HNovember 25, 2008 Page 23 No Scale SITE ;v t't( Unsignalized 1 Signalized "Suggested Intersection Intersection Improvements" Signalizalion 37 LOS=B(C[BI pj Signalized 5 Intersection o ° �" LOS=C(B)[BI o` �11 11V ~A(C)lBl q t : ,.C(B)[Bl +.— J�a t AjQ =A(B)JAJ �� iBl(A)C� U IBUB)D� Yr 9d Unsignalizcd N Intersection 6 Signalized 6 Signalized "Suggested i 50 Intersection {4' Intersection Improvements" LOS=C(F)[D] �1�-Q� LOS=C(B)lA] q,�� SBRight - Free I 5D t �C(B)IBJ W,avfp9LOSA(B)tq ( GCBO fAJ ICJ(B)c�' F IAJ(B)C►: j f 50 d v� m N n� Signalized g4 Signalized "Su ,sled 't ve Intersection a Intersection hn B- I Rights" LOS=G(D)[B] °` LOS=C(D)[B] c NB -I Right D r sn � � D(D) C(D)IBJ IAJ(D)B� jJ� IBI(D)B� Jj ��� w1 �'► �c� Qr� Signalized ,o Intersection LOS=D(C)[B] �B(C)IAJ 5D 1 IBl(c)D�► V!* Denotes Yield Conditions w Denotes Free Flow Conditions q * Denotes Unsignalized Critical Movement r s AM Peak Hour(PM Peak Hour)[SAT Peak Hourl Note: See Table 6 for levels of service by "Lane Group" -JQ A + / \ Figure 11 Phase 2: 2018 Background Lane Geometry and Level of Service A Phased Trade Aipact Analysis of the Round Hill Center PHP ProjectNumber: r 25,2 1 8 November 25, e 24 Page 24 11 I 1 11 Table 6 Round Hill Center Levels of Service and Back of Queue (95'%,) Results Phase-2 2018 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak (lour I'M Peak Hour aturdav Peak Hour LOS Back of Queue LOS I Back of Queue LOS Back of Queue Route 50 -, Poorhouse Road Signalized EB/L A 41.0 A 25.0 B 25.0 EB/1 C 704.0 A 126.0 B 181.0 EB/T EB/R A 25.0 A 25.0 A 25.0 E13 LOS C A B WB/L D 72.0 A 37.0 B 33.0 WB/T A 94.0 C 857.0 B 198.0 WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A C B NB/LT D 25.0 D 25.0 C 25.0 NB/R B 1 36.0 B 30.0 B 25.0 NB LOS C C I3 SB/LT D 43.0 D 59.0 C 37.0 SB/R B 25.0 13 36.0 B 1 25.0 SB LOS C C B Overall LOS B C B Route 50 & Spinning Wheel Lane Unsigualized EB/T EB/T WB/T WB/TR SB/R Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L I B E 95.0 C 86.0 EB/I D ]25.0 C 242.0 B 248.0 EB/T EB/R A A 25.0 A 25.0 EB LOS D C B 11B/L F 216.0 A 33.0 A 33.0 WB/T A 25.0 C 812.0 A 38.0 WB/T WI3/R A 25.0 A 25.0 A 25.0W13 LOS B C A NB/LT E 92.0 E 65.0 E 96.0 NB/R F 1 336.0 A 49.0 C 1 88.0 NB LOS E B C SB/L D 25.0 D 73.0 E 163.0 SB/L SB/T D 25.0 D 25.0 D 25.0 SB/R C 27.0 E 219.0 B 55.0 SB LOS D D D Overall LOS D C B Route 50 &Ward Avenue/Botanical Drive Signalized EB/L D 25.0 D 25.0 D 25.0 865.0 B 182.0 B 297.0 A 25.0 A 25.0 A 25.0 VEB/TD D B B E 49.0 D 28.0 D 30.0 A 135.0 B 343.0 A 165.0 WB/T A 25.0 A 25.0 A 25.0 A B A D 42.0 D 64.0 D 47.0 B 38.0 B 29.0 B 26.0 ENB/LT C C C E 70.0 D 51.0 D 64.0 E 70.0 D 50.0 D 64.0 B 25.0 B 25.0 C 25.0 D D D Overall LOS C B B PHR A * Assumed 25 feel Vehicle Length EB = Eastbound, W B =Westbound, NB = Northbound, SB = Soulhbound L: Left, T:Thm, R: Right Minimum queue length is assumed to be 25 feet A Phased Ti aTic Impact Anah sis of the Round Hill Centei- Project Number: 15233-1-0 November 25, 2008 Page 25 �I Table 6 (continued) Round Hill Center Levels of Service and Back of Queue (95'%h) Results Phase-2 2018 Backlzround Conditions (with Assumed Lmprovements) Intersection Traffic Control Lane Group/ Approach AM Peal: Hour I'M Peak Hour 3aturday Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 S Route 37 SB Ramp Signalized EB/T D 435.0 C 283.0 A 60.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS C B A WB/L F 115.0 D 151.0 D 66.0 WB/L WB/T A 104.0 A 135.0 A 25.0 W B/T WB LOS C B A SB/L E 563.0 D 269.0 D 139.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS D B A Overall LOS C B A Route 50 S Route 37 NB Ramp Sig talized EB/L C 225.0 P 310.0 C 177.0 EB/L EB/T B 221.0 A 45.0 A 40.0 EB/T EB LOS B D B WB/T D 296.0 E 707.0 C 266.0 WBrf WB/R A 25.0 A 25.0 A 25.0 WB LOS C D B NB/L C 102.0 E 351.0 D 176.0 NB/L NB/R D 352.0 A 35.0 A 25.0 NB/R NB LOS D D C Overall LOS C D B PHTZ/� * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minbnum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round I -Jill Center Project Number: 15233-1-0 November 25, 2008 Page 26 PHASE 2 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7t1i Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 7 is provided to summarize the total trip generation associated with the Phase 2 of Round Hill Center development. Table 7 Proposed Development: Round Hill Center PI-1 T,-in CPn P,-nflnn .Cinmmnt-v ITE AM Peak Hour P119 Peak (lour ADT Saturday Peak Flour ADT ❑t Out Total In Out I Total I In Out I Total Land Use Amount Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly (lousing - Attach 449units 16 20 36 30 19 49 1,559 67 67 134 1,124 710 Office 105,000SF 172 23 195 33 163 196 1,385 21 18 38 243 820 Shopping Center * 350,000 SF 220 141 361 630 683 1,313 15,029 905 835 1,740 17,490 Sub -Total 420 204 625 728 887 1,615 18,614 1,008 937 1,945 19,195 25% Pass -by (Code 820) 45 45 90 164 164 328 3,757 217 217 435 4,372 Total Pass -by 45 45 90 164 164 328 3,757 217 217 435 4,372 Total "New" Trips 375 1 159 1 534 1 564 i 723 1 1,287 i 14,857 1 791 1 720 1 1,510 1 14,823 - Average rates are uuuzea. PHASE 2 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 12 to assign the Round Hill Center Phase 2 development trips (Table 7) throughout the study area roadway network. Figure 13 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. PHASE 2 2018 BUILD -OUT CONDITIONS The Round Hill Center Phase 2 assigned trips (Figure 13) were added to the 2018 background traffic volumes (Figure 10) to obtain 2018 build -out conditions. Figure 14 shows the 2018 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 15 shows the respective 2018 build -out lane geometry and AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 8 to show the 95t11 percentile back of queue and levels of service for each lane group during Phase 2 2018 build -out conditions. A Phased Traffic Impact Anah sis of the Rowed 1-INt Center P Project Number: r 25, 20 8 T T November 25, e 27 l�"'ll Page 27 No Scale Commercial Residential Figure 12 Phase 2: Trip Distribution Percentages A Phased Ti-affc Impact Analysis of the Round Hill Center - A Project Number: r 25, 20 8 November 25, 2008 Page 28 Noc J 7677 nw c Jq h �46(91)11251 �._3(29)1131 12751(197)118— 27 1211(12)25.—j 1 7 �� «�23(9)116J12771 1129J(94)47-.WA 191117p� saso a 2017 C !L �38(56)1791 137(210)12931 1�- 1W�tr Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] 1391f(J88).J89t �=� I5785((8286)1123J 7)137310 e_ d ob C 1269(261)W 14)(3)42% C� m Figure 13 Phase 2: 2018 Development -Generated Trip Assignment A Phased Traffic Phased Impact Analtlsis of the Round Hill Center PH]ProjectNovemb r 25,20 8 November 25, e 29 Page 29 No 1 p1sU( loso _ 2 a 7677 1� �46(91)(125( 4- 592(2181)[10761 12751(197)118-. 1983](822)1921 3 7740 53 114 2011 277 Gi,(2161 )110791 11291(94)47�� 19711(837)18971"-r ROSq 4 a 8277 w C� f""646(2136)111691 7��III *_�'51036)[1531 11093 1861(48)30�� 1(992)1886 'o /} 152](31)441_� C q • Y y N a for 5140zz � c r Lp -D-1- Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] ��rl G 129(182)1250 10a0(25g4)I 187 "iLL t�32(43)(36)aI 1172s 11510012�%1 IO551)2071 148I(42)31= o I540 _ 47 «�708(187E f la9(483)I)'19 121 113aI(I268)16J8 a 1 1652)(652)669, C Figure 14 Phase 2: 2018 Build -out Traffic Conditions P H R+A /u1(274)11371 I �49�)18471 A Phased Trq['1c Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 30 No Scale Intersection LOS=B(CJBI o t I JK r—C(B)[Bj* j� ~A(A)(Al U� —► Sr ��r 1 �'A(C)IAJ *lBl(D)A� f `II _ t 1 w [Bl(A)B� A JBI(B)B 4 Vl' Intersection Improvements" $ignalizalton LOS=A(C)[A] Ell -I Left Sf nallzed "Suggested 6 Signalized 6 g Improvements" (,) W11-I Rig"' �, Sit I Left II1tCrsCCIl011 \ 4'� InfCrsCctio.t ',� Q•\ Sn Right -Free LOS(Fl LOS=C(B)JAj �-1\ XVR- 1 Thai Q G 5 U 4..I k-14 ♦�D Wcavin I.OS. (C)JAJ 7 A(B)llil (B)IA) IAl lAJ(C)gy IAJ(13)C� 1 IAJ(B)Cy sE o° Signalized "Noe Intersection Intersection" m w LOS=B(C)IAI , 7 Signalized to Signalized "Suggested 4 4 Intersection C} IlitersCCt1on Improvements" Los=E(F)JCl p LOS=C(D)JCJ �a \0-11 Right ~A(C)IAJ I(B)B ~D(F)InJ �JcD D OICI �► � 4/� IBI(C)B� J� Signalized Intersection q1 LOS=D(C)(Cl B(C)IBI ICI(B)ny Denotes Yield Conditions Denotes Free Flow Conditions w �s'r' IJ o` * Denotes Unsignalized Critical Movement cs 4� AM Peale Hour(PM Peale I-Iour)[SAT Peak Hourl Note: See Table 8 for levels of service by "Lane Group" _ IJ7� T TP+/ A \ Figure 15 Phase 2: 2018 Build -out Lane Geometry and LOS A Phased Traffic Impact Ai7ahsis of the Rounrl Hill Center PHP Project Number. 15233-1 8 November 25, e 31 Page 31 Table 8 Rowel Hill Center Levels of Service and Back of Queue (95'%,) Results Phase-2 2018 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peak Hour I'M Peak (lour 3aturday Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Poorhouse SignalizedRoad EB/L A 38.0 B 25.0 B 25.0 EB/T B 785.0 A 245.0 B 384.0 EB/T EB/R A 1 25.0 A 25.0 A 25.0 B A B C 30.0 A 25.0 A 25.0 A 126.0 A 1292.0 A 311.0 :LOS A 25.0 A 25.0 A 25.0 A A A NB/LT E 27.0 E 30.0 D 25.0 NB/R D 72.0 B 31.0 B 25.0 NB LOS D C B SB/L7' P 119.0 P 161.0 E 141.0 SB/R C 1 25.0 C 48.0 B 28.0 SB LOS E E D Overall LOS B A B Route 50 & Spinning Wheel Lane Signalized EB/L A 25.0 P 365.0 B 106.0 EB/T A 39.0 A 120.0 A 323.0 EB/T EB LOS A C A A 25.0 C ]08.0 A 89.0 MWB/R A 25.0 A 25.0 A 25.0 WB LOS A C A SB/L E 56.0 E 178.0 D 144.0 SB/R C 47.0 E 308.0 B 67.0 SB LOS D E C Overall LOS A C A Route 50 & Silver Lake Road Signalized EB/L A 25.0 E 155.0 B 37.0 EB/T B 807.0 A 225.0 A 107.0 EB/T EB LOS B B A NVB/T A 145.0 C 1256.0 A 65.0 WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A C A SB/L E 115.0 P 390.0 D 275.0 SB/R C 33.0 C 1 106.0 A 48.0 SB LOS ll E C Overall LOS I B C A Route 50 & Round Hill Road/Retail Boulevard Signalized A 25.0 D 41.0 C 71.0 D 1173.0 B 294.0 C 519.0 2LOS A 25.0 A 25.0 A 25.0 D B C E 249.0 A 25.0 C 102.0 WB/T A 72.0 C 1396.0 B 124.0 WB/T WB/R A 25.0 A 25.0 A 25.0 W B LOS B C B NB/LT E 1 109.0 P 1 116.0 E 111.0 NB/R E 387.0 C 1 110.0 C 1 115.0 NB LOS E D D SB/L E 47.0 P 222.0 D 225.0 S B/L SB/T E 25.0 E 27.0 D 25.0 SB/R B 25.0 E 266.0 A 57.0 SB LOS D E D Overall LOS D C C * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased TraTic Impact Analysis oithe Round Hill Center PProject Number:15233-1-0 H'��+-A November 25, 2008 Page 32 Table 8 (Continued) Round Hill Center Levels of Service and Back of Queue (95'%,) Results Phase-2 2018 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach AM Peal: Flour I'M Peak Hour aturdav Peal: Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Ward Avenue/Botanical Drive Sig talized EB/L F 25.0 E 25.0 E 25.0 EB/T B 154.0 B 430.0 B 357.0 EB/T EBR A 25.0 A 25.0 A 25.0 EB LOS B B B WB/L F 59.0 E 41.0 D 1 30.0 WB/T A 115.0 C 509.0 A 201.0 WB/T WB/r WB/R A 25.0 A 25.0 A 26.0 WB LOS A C A NB/LT E 51.0 E 109.0 E 56.0 NB/R C 43.0 B 32.0 C 32.0 NB LOS D D D SB/L F 97.0 E 115.0 E 136.0 SB/LT F 97.0 E 113.0 E 1 136.0 SB/R B 25.0 B 25.0 B 25.0 SB LOS E E E Overall LOS B C B Route 50 &Route 37 SB Ramp Signalized EB/r D 829.0 C 562.0 A 128.0 EB/r EB/R A 1 37.0 A 1 53.0 A 25.0 EB LOS C B A F 159.0 E 272.0 E 81.0 B 132.0 A 25.0 A 25.0 USBLOS D B A F 691.0 E 369.0 D 167.0 A 25.0 A 25.0 A 25.0 D B A Overall LOS C B A Route 50 & Route 37 NB Ramp Signalized EB/L C 320.0 E 505.0 C 288.0 EB/L EB/r A 273.0 A 57.0 A 45.0 EB/r EB LOS B C B VM/I• D 212.0 D 664.0 D 269.0 WB/T WB/T WB/R A 81.0 C 212.0 A 57.0 WB LOS D D C NB/L D 181.0 E 551.0 D 291.0 NB/L NB/R D 456.0 A 46.0 A 31.0 NB/R NB LOS D D D Overall LOS C D C Botanical Drive & Proposed New Road Unsignalized EB/LTR A 25.0 A 25.0 A 25.0 WB/LTR A 25.0 A 25.0 A 25.0 NB/LTR A 25.0 A 25.0 A 25.0 SB/LTR A 25.0 A 25.0 A 25.0 Retail Boulevard & Pro osed New Road F Unsignalized EB/rR WB/LT A 25.0 A 25.0 A 25.0 NB/LR A 25.0 B 25.0 B 25.0 Silver Lake Road & Proposed New Road Unsignalized EB/TR - - - - - WB/LT A 25.0 A 25.0 A 25.0 NB/LR A 25.0 A 25.0 A 25.0 * Assumed 25 feel Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic himact Analisis of Me Round Hill Center PHPN A Project Novemb r 25, 2 1 8November 25, e 33 Page 33 PHASE 3 TRAFFIC ANALYSES (2020) Phase 3 will be built -out by Year 2020 and it assumes partial build -out of the development to include: 122 elderly detached units, 448 elderly attached units, 350,000 square feet of office and 490,000 square feet of shopping center. Access will be provided via Spinning Wheel Lane, Silver Lance Road, Retail Boulevard, and Botanical Boulevard located along the north side of Route 50. Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard will be connected via the Proposed Coniector Road. Additionally, access will provided via Poorhouse Road, which will be connected to the Relocated Spinning Wheel Lane. As a result of this connection, it is assumed that 20% of the traffic coming from the north on Route 37 and going to west on Route 50 will be re- routed to be coming from north on Poorhouse Road and going to west on Route 50. PHASE 3 2020 BACKGROUND CONDITIONS In order to determine the 2020 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 2.0% per year through Year 2020. Additionally, all trips relating to specific fitture "other developments" located within the vicinity of the site were incorporated. Using the 7"' Edition of the hnstitute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Tables 2a through 2d in Phase 1 analysis of this report (pages 9-10) to surmnarize the 2020 "other developments" trip generation. Figure 16 shows the 2020 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 17 shows the corresponding 2020 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 9 to show the 95"' percentile back of queue and levels of service for each lane group during Phase 3 2020 background conditions. A Phased Tra c Impact Analysis 1 the Round flill Center Project Number: 15233-1-0 November 25, 2008 Page 34 No S m 33 14YU a _ 2260 o ^ c h �0(0)101 4-M539(2070)19751 1801(93)139—.0 19151(746)1831 wit 1074 1 rYal YI mil �I =1 vl 1 4"=539(20701197s) ^ a 6260 *""4570843)1787) 1111�11i f— 152(139)11551 2o3 �o N n C *-Wm824(2207 71 � ]r32(43)13 )114341 81 11303 115J(11)12�.A 1(1114)1919_, o 1481(42)31 ` H 154p ip,\ 1p .yep OC �q hn`"l� hbp Off\ 591(1735)110591 9931 (95,Ir' "154(502)l1451 114841(487)65o )1506- C E; Y A Weekday �0 \6^,� vpry\L Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Figure 16 Phase 3: 2020 Background Traffic Conditions «�966 �uy111911 I (1595117891 A Phased Traffic Impact Anahlsis of the Round Hill Center PHP ProjectNumber: r 25,2 1 8 November 25, e 35 Page 35 Unsignalized "New i Intersection Intersection" J Y � � .q1J No Scale �a (Unsignalized Intersection EEL n �,o x F— I J� �dt—C(B)[Bl* � v W p Signalized "suggested Intersection ❑nprovea,a s" Slgnulizat:on LOS=A(A)lr\] ER-t Left S6 - I Le WR-1ft, 1 R Q ighRIl 9) 1��h /A/(A),4 1`A(rl)iA/ t a, "i 4 Signalized b Intersection ` 4 LOS=D(C)lB] Q� QQAJ ICI(B)D y� 0 o ■ — a a� SITE 1 Signalize11 "Suggested Intersection Improvements" LOS=C(A)[B] w Signalization U o o�— A(A)lA] 44 r —� �1 U IntersectionILOS=B(B)]BIc ` �L .� �A(B)IA] IBuB)B� y� 1 Signalized 6 Signalized "Suggested Intersection°° Intersection Improvements" SD Right - Free LOS=C(F)lC] 4�qS �{ LOS=C(B)lA] �� c r lVratingLOSAlit IIAI ICI(D)B` so IAI(B)B sn ISignalized 9 7 Signalized 'Suggested ntersection Intersection y3` Improvements" NB-1Right LOS=E(D)[B] LOS=C(D)[C] o� 59 D(D)IBI sn := c(D)ICI ►r' C2S Q,L 42a �q1 Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak Hour)[SAT Peak Hour] Note: See Table 9 for levels of service by "Lane Group" Figure 17 Phase 3: 2020 Background Geometry and Level of Service A Phased Traffic hnpact Anahsis of1he Round Hill Center PH �� Project Number: 15233-1-0 November 25, 2008 Page 36 Table 9 Round hill Center Levels of Service and Back of Queue (95 %) Results Phase-3 2020 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Grout)/ Approach ANI Peak hoar P51 Peal: hour 'aturdav Peal: (lour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Poorhouse Road Signalized L•B/L A 25.0 B 25.0 B 25.0 EB/T C 765.0 A 148.0 C 323.0 EBrr EB/R A 25.0 A 25.0 B 25.0 Ell LOS C A C WB/L B 25.0 A 25.0 A 25.0 WBrr A 67.0 A 25.0 A 32.0 \VBrr WB/R A 25.0 A 25.0 A 25.0 \VB LOS A A A NB/LT D 25.0 D 28.0 C 25.0 NB/R B 36.0 B 29.0 A 25.0 Nil LOS B C B SB/LT D 48.0 E 1 71.0 C 49.0 SB/R C 25.0 D 66.0 B 25.0 Sit LOS C D C Overall LOS C A B Route Wheel Wheel Lane Signalized EB/L A 25.0 C 92.0 A 33.0 EBrr A 296.0 A 59.0 A 175.0 EBrr Ell LOS A A A WBrr A 90.0 A 72.0 A 38.0 \VB/T WB/R A 25.0 A 25.0 A 25.0 \VB LOS A A A SB/L A 25.0 A 25.0 A 25.0 SBIR A 25.0 B 46.0 A 25.0 MR SB LOS A B A Overall LOS A A A Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L B 25.0 B 42.0 C 68.0 EBr D 944.0 B 147.0 C 217.0 EBrr EB/R A 25.0 A 25.0 A 25.0 Ell LOS D B C WB/L D 134.0 A 42.0 B 46.0 WB/Ir B 87.0 C 901.0 A 94.0 WBrr WB/R A 25.0 A 25.0 A 25.0 WB LOS B C A NB/LT E 109.0 E 82.0 E 93.0 NB/R D 243.0 A 47.0 C 87.0 NB LOS D C C SB/L D 25.0 E 87.0 D 157.0 SB/L SBrr D 25.0 D 25.0 D 25.0 SB/R B 25.0 D 182.0 A 56.0 SB LOS D D C Overall LOS D C B Route 50 & Ward Avenue/Botanical Drive Signalized EB/L D 25.0 E 25.0 D 25.0 B 148.0 B 356.0 B 292.0 A 25.0 A 25.0 A 25.0 I B B B E 58.0 E 30.0 D 36.0 A 46.0 B 395.0 A 160.0 WBfr WB/R A 25.0 A 25.0 A 25.0 \VB LOS A B A NB/LT E 44.0 D G9.0 D 55.0 NB/R B 36.0 B 27.0 B 25.0 NB LOS C C C SB/L E 72.0 D 55.0 E 72.0 SB/LT E 72.0 D 55.0 E 72.0 SB/R B 25.0 B 25.0 B 25.0 SB LOS D D D Overall LOS B B B ` Assumed 25 feel Vehicle Length EB = Eastbound, W B =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thm, R: Right Minimum queue length is assumed to be 25 feet A Phased Tr•aTic Impact Analysis of the Round Hill Center PH'�+-A Project Number: 15233-1-0 November 25, 2008 Page 37 �11 Table 9 (Continual) Round Ilill Center Levels of Service and Back of Queue (95'%,) Results Phase-3 2020 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Croup/ Approach ANI Peak Hour 1'M Peak [lour Saturday Peak (lour LOS Bacl: of Queue LOS Back of Queue LOS Back of Queue Route 50 & Route 37 SB Ramp Signalized EB/r C 535.0 C 216.0 A 144.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS B B A WB/L F 144.0 D 196.0 E 88.0 WB/L WB/r B 120.0 A 240.0 A 175.0 WB/T \VB LOS C B B SB/L E 593.0 D 284.0 D I70.0 SB/R A 25.0 A 1 25.0 A 25.0 SB LOS D B A Overall LOS C B A Route 50 & Route 37 NB Ramp Signalized EB/L C 241.0 F 297.0 C 186.0 EB/L EB/r B 301.0 A 105.0 A 60.0 EB/T EB LOS B D B WB/r D 249.0 E 802.0 C 318.0 WB/T WB/R A 25.0 A 25.0 A 25.0 R'B LOS C D C NB/L C 109.0 E 410.0 D 202.0 NB/L NB/R D 389.0 A 38.0 A 33.0 NB/R NB LOS D D C Overall LOS C D C Poorhouse Road & Proposed New Road P Unsignalized \VB/LR A 25.0 A 25.0 5.0 NB/TR f[]2 SB/LT A 25.0 A 25.0 5.0 PH[Z1� r Assumed 25 feet Vehicle Length EB = Eastbound, \VB=Wcslbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 38 PHASE 3 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 10 is provided to summarize the total trip generation associated with the Phase 3 of Round Hill Center development. Table 10 Proposed Development: Round Hill Center Plinen'i Ti-in C i-ntinn Cimimgry ITE AN1 Peak flour PM Peak (lour ADT Saturday Peak Ilour ADT In Out Total In Out 'total In I Out I Total Land Use Amount Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly Housing - Attach 448units 16 20 36 30 19 49 1,559 67 67 134 1,124 710 Office 350,000 SF 450 61 511 80 391 471 3,500 55 47 102 767 820 Shopping Center* 490,000SP 309 197 505 882 956 1,838 21,041 1266 1,169 2,435 24,485 Sub -Total 786 298 1,085 1,027 1,388 2,414 26,741 1,404 1,300 2,705 26,715 25% Pass-kP (Code 820) 63 63 126 230 230 459 5,260 304 304 609 6,121 Total"New" Trips 723 1 235 1 959 1 797 1 1,158 1 1,955 21,481 1,100 1 996 1 2,096 20,594 - Average rates are uuuzeu. PHASE 3 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 18 to assign the Round Hill Center Phase 3 development trips (Table 10) throughout the study area roadway network. Figure 19 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. ' PHASE 3 2020 BUILD -OUT CONDITIONS The Round Hill Center Phase 3 assigned trips (Figure 19) were added to the 2020 ' background traffic volumes (Figure 16) to obtain 2020 build -out conditions. Figure 20 shows the 2020 build -out weekday and Saturday ADT as well as weekday AM/PM peak ' hour and Saturday mid -day peak hour traffic volumes at key locations within the study area. Figure 21 shows the respective 2020 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synch o and HCS+ levels ' of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 11 to show the 95t1i percentile back of queue and levels of service for each lane group during Phase 3 2020 build -out conditions. 1 PHR+A A Phased Traffic Impact Anallsis of the Round I -]ill Center Project Number: 15233-1-0 November 25, 2008 Page 39 No Scale 20% 30% J 4 ga 3 15% 15% a Pro��^e Ro SITE, r° " a 37 30% 5% yl 50 2 U a o ?, 0 50 5 6 7 10% 20% � a r 0 5 m 37 25% 30% Commercial Residential nT T-P+n Figure 18 Phase 3: Trip Distribution Percentages A Phased Traffic Impact Analysis of fhe Round 1-fill Center PHP ProjectNomber:vemb r 25, 20 8 November 25, e 40 Page 40 No S Al 13091 1 ya �50(9J)11271 Il F..4(sa)ps) 12841(207)156--4' 1261,(16)5 --+ 28 v = 166(2.1 13111 19(2])1-2'1 781(137)85�� 1-311(-2}6�� 5368 f .18580111101 J1 �a e_ (209)12871 165�j C �1 • 1 Saturday ADT A AM Peak Hour(PM Peak Hour)(SAT Peak Hour] �71 4twm, Z o�z 9)1391434)(501)104�� h� 1V rye\ ,oro �C '2571(294)63 12-131(292)61=% 5 C 33♦�75(86)1118J 220E 3~ �e o^' �n Figure 19 Phase 3: 2020 Development -Generated Trip Assignment A Phased TraTic Impact Analysis of the Round Hill Center PRProject Novemb r 25, 20 8 H 1 � November 25, 2008 Page 41 No 1 4�0, [12791(l -- 1130 nL - 2 J I '- - 1017 y=� F 50(94)11271 4'-543(2124)19901 13641(300)295--+" ' 19411(762)1885# 3943 3 n IN n Il V 166 .558�z3 )13131 11781(131)85 18841(74J)1815 �r 26gg1 4 — 9085 � 78(101)11381 642(2052)110741 152(139)11551 186J(48)30...%1 m 03911817 �' H 112 511(3(Jl)45� Z n C ,a Lp- P 1 Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] fry 7082((249 'n11831 1 �-32(43)1361 1 11510012.-0 1173710 615)202J b 1481(41)31 'rL nh b,�11ti �� pb 112501(1245)1569 C 17381(778)711� z **"248(284)11411 `�541(1631190, 15401(589)650 �� )1907J 18491(916)]385 2942 Figure 20 Phase 3: 2020 Build -out Traffic Conditions A Phased Traffic Impact Analysis of the Round Hill Center PHP ProjectNovemb r 25,20 8 November 25, e 42 Page 42 No Scale Unsignalized "Ne,v * Intersection" � Intersection i J Y iQ Unsignalized Intersection c: 4, a�rt�-D(B)[Bl* *(B](D)Ay Syr I 1 � v w .21 Signalized "suggested Intersection Improvements" signnliz.. LOS=A(C)IBI EB-I Lcrt IN - _".a Q SR - I Lef4 I RI h W r - 5D IB/(D)A HIL Signalized NetyIntersectionOS=B(C)IBJ Q a) ✓(���Ac IAl(c)B� OIB/ 4 Signalized Intersection q� ' LOS=D(C)ICJ W� 3 v L sU ��� B(B)IBI ICI(B)D �r g� 4 o o TAT TP+n JIntersection L0S=Q13)JAJ x QQIntersection 111 ~A(B)[Al LOS=C(C)IBJ lAl(A)C� IBI(B)D►`► Vr s II % Signalized 6 Signalized "Suggested Intersection ¢� Intersection Improvements" LOS=C(F)JEJ ���LOS=C(B)IAI C1 \VII-IThru ,, So Right - Free lt'eavin ppq` •� � C(c)JBJ F LOSA(R)lR)G/ r— C(B)fAl ICJ(C)Cft_l� 1 5u JAI(C)Ca) 1 Signalized I? ] Signalized suggested Intersection Intersection ,I lmprmT" LOS=G(F)ICI o° LOS=C(D)ICJ o° W6-1 hru hru NB-IRi A z � ~ D(r)IDI ED C(D)fcl JBI(D)B� jl I IBI(D)B—.* qp Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak I-Iour)[SAT Peak Hour] Note: See Table 11 for levels of service by "Lane Group" Figure 21 Phase 3: 2020 Build -out Lane Geometry and LOS A Phased Traffic Iinpact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 43 Table 11 Round Hill Center Levels of Service and Back of Queue (95%,) Results Phase-3 2020 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ANI Peak Hour I'M Peak IIour 3aturday Peak Hour LOS Back of Quelle LOS Back of Queue LOS Back of Queue Route 50 S Poorhouse Road Signalized EB/L A 25.0 A 25.0 A 25.0 EB/ f C 874.0 A 211.0 A 268.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS C A A WB/L B 25.0 A 25.0 A 25.0 WB/T A 77.0 B 1539.0 A 203.0 WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A B A NB/LT D 1 25.0 E F360 D 25.0 NB/R C 58.0 B F 36.0 II 25.0 NB LOS C C C SB/LT D 50.0 F 92.0 D 53.0 SB/R C Z5.0 C 1 46.0 B 1 29.0 SB LOS D D D Overall LOS C B A Route 50 &Spinning Wheel Lane Signalized EB/L A 1 58.0 F 541.0 E 183.0 EB/T A 308.0 A 25.0 A 87.0 EB/T EB LOS A D B WB/T A 97.0 B 85.0 B 212.0 \V B/TWB/R A 25.0 A 25.0 A 25.0 WB LOS A B A SB/L D 44.0 F 259.0 F 195.0 SB/R A 25.0 E 317.0 B 117.0 SB/R SB LOS B E D Overall LOS A C B Route 50 & Silver Lake Road Signalized EB/L A 37.0 F 256.0 B 74.0 EB/T B 624.0 A 184.0 A 185.0 EB/T EB LOS B C A WB/T B 146.0 C 1282.0 B 286.0 1 WB/T I WB/R A 25.0 A 1 25.0 A 25.0 NVB LOs A C B SB/L D 96.0 F 515.0 E 403.0 SB/R B 30.0 D 176.0 A 63.0 SB LOS D E D Overall LOS B C B Route 50 &Round Bill Road/RetailIIoulevard Signalized EB/L A 25.0 D 30.0 C 76.0 EB /T D 99 50 . B 266.0 C 458.0 EB/T EB/R A 1 25.0 A 25.0 A 25.0 EB LOS D B C WB/L C 155.0 A 25.0 C 89.0 WB/T I B 166.0 C 1360.0 B 110.0 WB/T WB/R A 25.0 A 25.0 A 25.0 NB LOS B B B NB/LT E 99.0 F 124.0 E 111.0 NB/R F 292.0 C 117.0 C 110.0 NB LOS E D D SB/L E 51.0 F 309.0 D 245.0 SB/L SB/T D 25.0 E 27.0 D 25.0 SB/R B 25.0 E 266.0 B 75.0 SB LOS D E D Overall LOS D C C 1 PHA Assumed 25 feet vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feel A Phased Trq(Lic Impact Analysis of the Round hill Center Project Number: 15233-1-0 November 25, 2008 Page 44 ' Table 11 (Continued) Round Hill Center Levels of Service and Back of Queue (951%,) Results Phase-3 2020 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control e p/ ach AM Peak (lour 1'M Peak Ilour aturdav Peak Hour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 &Ward Avenue/Botanical Drive Signalized L 6EB E 25.0 F 25.0 D 25.0 /T D 935.0 B 485.0 B 484.0 T R A 25.0 A 25.0 A 25.0 EB LOS D B B W B/L E 53.0 E 44.0 D 31.0 W Brr A 113.0 B 523.0 B 304.0 WBrr W Brr WB/R A 25.0 A 25.0 A 25.0 R'B LOS A B B NB/LT D 1 44.0 E 90.0 E 56.0 NB/R B 33.0 B 1 32.0 B 1 26.0 NB LOS C D D SB/L E 86.0 F 145.0 E 142.0 SB/LT E 1 84.0 F 144.0 E 142.0 SB/R B 25.0 B 25.0 B 25.0 SB LOS D E E Overall LOS C C B Route 50 & Route 37 SB Ramp Signalized EB/T C 411.0 C 557.0 A 68.0 EBrr EB/R A 36.0 B 102.0 A 1 25.0 EB LOS C C A WB/ F 144.0 E 301.0 E 82.0 --I-B/L WB/r B 146.0 A 25.0 A 32.0 WB/T WB/T WB LOS C B A I E 605.0 G 408.0 D 174.0 SB/R A 25.0 A 25.0 A 25.0 SB LOS D B A Overall LOS C B A Route 50 & Route 37 NB Ramp Signalized EB/L C 211.0 F 491.0 C 250.0 EB/L EBfr A 167.0 A 78.0 A 66.0 EBrr EB LOS B D B W BIT D 193.0 E 748.0 D 288.0 WBfr Warr WB/R A 72.0 C 233.0 A 63.0 W13 LOS C D C NB/L C 195.0 E 607.0 D 328.0 NB/L NB/R D 415.0 B 80.0 A 30.0 NB/R NB LOS D D D Overall LOS C D C Botanical Drive & Proposed New Road Unsignalized EB/LTR A 25.0 A 25.0 A 25.0 WB/LTR A 25.0 A 25.0 A 25.0 NB/LTR A 25.0 A 25.0 A 25.0 SB/LTR A 25.0 A 25.0 A 25.0 Retail Boulevard & Proposed New Road Unsignalized EB/TR WB/LT A 25.0 A 25.0 NB/LR A 25.0 B B 25.0 Silver Lake Road & Proposed New Road Unsignalized EB/TR WB/LT A 25.0 A 25.0 A 25.0 NB/LR B 25.0 C 81.0 C 80.0 Spinning Wheel Lane & } g Proposed New Road Unsignalized EB/TR WB/LT A 25.0 A 25.0 A 25.0 NB/LR B 34.0 C 115.0 C 101.0 Poorhouse Road & Proposed New Road Unsignalized WB/LR B 25.0 B 42.0 B 37.0 NB/TR SB/LT A 1 25.0 A 25.0 A 26.0 Assumed 25 feet Vehicle Length EB = Eastbound, W B =Westbound, NB = Northbound, SB = Soulhbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feel A Phased Traffic Impact Anahtsis of the Round Hill Center PH"A+ ProjectNumber: r 25,2 1 8 November 25, e 45 Page 45 PHASE 4 TRAFFIC ANALYSES (2022) Phase 4 will be build -out by Year 2022 and it assumes the full build -out of the proposed Round Hill Center development, which will include: 122 elderly detached units, 448 elderly attached units, 494,600 square feet of office, 578,300 square feet of shopping center and 4,750 square feet of convenience mart with gas station. Access will be provided via Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard located along the north side of Route 50. Spinning Wheel Lane, Silver Lake Road, Retail Boulevard, and Botanical Boulevard will be connected via the Proposed Connector Road. Additionally, access will provided via Poorhouse Road, which will be connected to the Relocated Spinning Wheel Lane. As a result of this connection, it is assumed that 20% of the traffic coming from the north on Route 37 and going to west on Route 50, during Phase 3 and Phase 4 background conditions, will be re-routed to be coming from the north on Poorhouse Road and going to the west on Route 50. PHASE 4 2022 BACKGROUND CONDITIONS In order to determine the 2022 background traffic conditions, PHR+A grew the existing traffic volumes (shown in Figure 2) using a rate of 2.0% per year through Year 2022. Additionally, all trips relating to specific future "other developments" located within the vicinity of the site were incorporated. Using the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Repor, , PHR+A has provided Tables 12a through 12d to summarize the 2022 "other developments" trip generation. Table 12a No Build Scenario: Valley Health Systems Trin C;Pneritinn Rnmmnry ITE Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total Code 150 Warehousing (Distribution Center) 10 acres 90 35 125 43 80 122 645 710 Office (Administration Building) 70,100 SF 124 17 140 27 131 158 1,010 750 Office Park 9 acres 397 35 432 52 294 346 2,783 620 Nursing Home 24,000 SF 7 4 10 4 6 10 164 253 Elderly Housing - Attached 80 units 4 2 6 5 3 8 278 312 Business Hotel 100 rooms 34 24 58 37 25 62 727 760 Research & Development Park 20 acres 282 54 335 37 272 309 1,592 820 Shopping Center 78,000 SF 84 54 138 256 277 533 5,810 832 H-T Restaurant 7,600 SF 37 34 70 50 33 83 991 Total Pass -by 18 13 31 46 47 92 1,020 Total Percentages 2% 5% 2% 9% 4% 6% 7% Total "New Trips" 1,040 244 1,284 464 1,074 1,538 12,980 J 1 PHA A Phased Tr��c Impact Analvsis of the Round Flill Center Project Number: 15233-1-0 November 25, 2008 Page 46 Table 12b Willow Run Phase 2 Trin Generation Sumnlary 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 ]-lousing - 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 1 556 1 1069 11504 Total 537 684 1,221 1,119 1,071 2,190 24,712 Table 12c Stonewall Plaza Trin Generation Summary Code Land Use Amount AM Peak How• PM Peak Hour ADT In Out Total In I Out Total 710 Office 238,600 331 45 376 59 287 346 2,606 820 Retail 47,325 SF 61 39 100 183 199 382 4,176 912 Drive-in Bank 4,500 SF 31 24 56 103 103 206 1,077 934 Fast Food w/ DT 4,000 SF 108 104 212 72 67 139 1,984 934 Fast Food w/ DT 3,000 SF 81 78 159 54 50 104 1,488 Total 613 1 291 1 903 1 471 705 1 1,176 1 11,332 Table 12d Glaize i rip veneration Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 Total 135 130 266 90 83 173 2,481 Figure 22 shows the 2022 background weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figure 23 shows the corresponding 2022 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peak hour levels of service. All Synchro and HCS+ levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 13 to show the 95t1' percentile back of queue and levels of service for each lane group during Phase 4 2022 background conditions. A Phased Traffic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 Pt# November 25, 2008 Page 47 No S IRE _ 3 e_ o 'd y �p(p)lal wit1 589ED 1+—(2z4z)10711 5113(97)�n8 11017(834)1974 0 e� � �sa9(zz4zp1o711 110171(834) 1914 F�506(20281 15)18831 11!! K/��154(142)11571 1811148)30�p • 18791(755)1899 a 1521(31)45 C 1 b y D � o Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] �/ram 3707(487)15561 ,• �� (2315)115011 je�32 (43)(361 11497 1501(41)63,_il 1(1457)z075 /* 1481(42)31.. / je 1 � r2t i e`o a 15gp 6 n ybro,` ryon� O�f�- K 4-� 1172(2060)113721 11240)(1589)1676t_160(522)11571 1692)(920)768. 50 C Z ��66676)1�019115�1(841)714 �*17801(949)1427`a Figure 22 Phase 4: 2022 Background Traffic Conditions PHR1� A Phased Traffic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 48 IUnsignalized "New U o 241 Signalization LOS=C(D)[C] `� m e L _ q 4—B(B)lA1 ,^ �rn(B)[B]* IC1(n)n �► Vj' so [BJ(D)A� [`I 1 t P [B](B)D qo IIIfCI'SCCfIOn Improvements" Signal[zat]on LOS=A(A)[A] eB-1LCrt 14 Right U So - I Left, I Rig] ('WA, IAl(A)A � y Cr ur .Yr r >r r 4 Signalized b Intersection LOS=D(D)[C] W r a) oJIQ =D(D)1B1 1CI(B)Dy V� - Intersection¢, Intersection T1 Improvements" LOS=F(F)[l ] ��-� LOS=C(B)[A] q�` SBRight - Free k WIJ-I Thru S q t• 1Vwrll„ C(�1C] s I.0S13(13)iB) S *--►C(B)fA] IDI(F)1 r r 5U (A](C)C� ^c su JSignalized E 7 Signalized "Suggested Intersection r' Intm'secHon O Improvements" mEB-1 ThrOS=F(F)[ ] LOS=C(G)yL 7d R'B-1 Thru NB-1 Right � a 5D 1 � 4 F(F)1CJ IAI(E)E� 3 r �► 1�,� � 1B1(E)B� jjr o c � Denotes Yield Conditions Denotes Free Flow Conditions * Denotes Unsignalized Critical Movement AM Peak Hour(PM Peak I-iour)[SAT Peak Hour] Note: See Table 13 for levels of service by "Lane Group" Figure 23 Phase 4: 2022 Background Geometry and Level of Service PH Phased Traffic Impact �1flnlysis oeet Rofmd Hill Center Project Number: 15233-I-0 November 25, 2008 Page 49 Table 13 Round Hill Center Levels of Service and Back of Queue (95%) Results Phase-4 2022 Background Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ADI Peak (lour PNI Peal: (lour 3alurda. Peak (lour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Poorhouse Road Signalized EB/L A 31.0 B 25.0 B 25.0 EBrr D 1057.0 B 224.0 B 320.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS D B B WB/L B 28.0 A 25.0 A 25.0 WWI` B 191.0 B 99.0 A 25.0 WBlT WB/R A 29.0 A 25.0 A 25.0 \\'B LOS B B A NB/LT D 29.0 E 36.0 D 25.0 NB 1 43.0 C 40.0 C 28.0 NB LOS C D C SB/LT E 59.0 F 89.0 D 55.0 SB/R C 25.0 C 1 50.0 B 1 29.0 SB LOS D D C Overall LOS D B A Route 50 & Spinning Wheel Lane Signalized EB/L A 25.0 D 138.0 A 25.0 EBrF A 782.0 A 66.0 A 37.0 EBrr EB LOS A A A WB/T A 101.0 1 1 A 77.0 A 220.0 WB/T WB/R A 25.0 A 25.0 A 25.0 NAT LOS A A A SB/L A 1 25.0 A 25.0 A 25.0 SB/R A 25.0 C 59.0 A 25.0 SB/R SB LOS A C A Overall LOS A A A Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L A 25.0 C 33.0 C 75.0 EBrF D 1100.0 B 245.0 C 352.0 EBrr EB/R A 25.0 A 25.0 A 27.0 Ell LOS D B C WB/L F 260.0 A 25.0 B 62.0 WBrF A 46.0 D 1023.0 B 90.0 WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS C D B NB/LT E 102.0 F 98.0 --F-T 97.0 NB/R F 456.0 B 75.0 C 93.0 NB LOS F C C SB/L E 67.0 F 300.0 D 194.0 SB/L SB/T E 25.0 D 25.0 C 25.0 SB/R B 26.0 C 155.0 A 53.0 SB LOS E E C Overall LOS D D C r Route 50 & Wad Avenue/Botanical Drive Signalized EB/L D 50.0 E 69.0 D 56.0 EB/T D 1021.0 D 828.0 C 696.0 EBrF EBR A 25.0 A 25.0 A 25.0 EB LOS D D C WB/L E 34.0 E 1 30.0 D 25.0 WB/T A 120.0 D 376.0 B 246.0 WB/T WBl1 \V B/R B 94.0 A 25.0 A 25.0 \\'B LOS B D B NB/LT E 47.0 E 79.0 D 1 51.0 NB/R C 42.0 C 34.0 C 28.0 NB LOS D D D SB/L F 187.0 F 621.0 E 227.0 SB/LT F 191.0 F 622.0 E 227.0 SB/R B 26.0 B 41.0 B 41.0 SB LOS E F D Overall LOS C D C ' Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L Left, T:Thty, R: Right Minimum queue length is assumed to be 25 feet A Phased TraT is Impact Analysis of the Round Hill Center Pt4RA ProjectNun3ber:15233-1-0 November 25, 2008 Page 50 H Table 13 (Continued) Round Hill Center Levels of Service and Back of Queue (95'%) Results Phase-4 2022 Background Conditions (with Assumed Improvements) Control Traffic Lane Oros p/ Approadn ANI Peak flour I'M Peal: (lour nturdav Peak Flow LOS Back of Queue LOS Back of Qnene LOS Back of Queue Route 50 & Route 37 SB Ramp Signalized EBfr D 409.0 C 721.0 B 194.0 EB/T EB/R A 25.0 A 25.0 A 25.0 EB LOS C C A WB/L F 135.0 E 259.0 D 87.0 WB/L WB/T B 202.0 A 25.0 A 84.0 WBn' WB/T WB LOS C B A SB/L F 604.0 F 355.0 D 111.0 SB/R A 25.0 A 25.0 A 1 25.0 SB LOS D B A Overall LOS C B A Route 50 & Route 37 NB Ramp Signalized EB/L C 235.0 F 636.0 C 223.0 GB/L EBn' A 120.0 A 30.0 A 25.0 EBn' EBn EB LOS B E B WBfr D 225.0 E 749.0 C 246.0 WBn' WBn WB/R A 25.0 A 25.0 A 25.0 NIT LOS C E C NB/L C 258.0 F 654.0 D 259.0 NB/L NB/R D 395.0 B 81.0 A 29.0 NB/R NB LOS C E C Overall LOS C E C Botanical Drive & Proposed New Road Unsignalized EB/LTR A 25.0 A 25.0 1 A 25.0 WB/LTR A 25.0 A 25.0 A 25.0 NB/L A 25.0 A 25.0 A 25.0 NB/TR SB/LTR A 25.0 A 25.0 A 25.0 H� . Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Ti-aff c Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 51 PHASE 4 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7"' Edition of the Institute of Transportation Engineers' (ITE) Trip Ge71eration Report. Table 14 is provided to summarize the total trip generation associated with the Phase 4 of Round Hill Center development. Table 14 Proposed Development: Round Hill Center Phncp 4 Ti-in C.Pr1Pr'9tion Smmiianry ITE Land Use Amount AM Peak (lour PM Peak 110111' ADT Saturday Peak Hour ADT In Out Total In Out Total In Out Total Code 251 Elderly Housing - Detach 122 units 13 21 33 35 22 57 641 16 17 33 338 252 Elderly }lousing - Attach 528 units 19 23 42 35 23 58 1837 79 79 158 1,325 710 Office 494,600 SF 593 81 674 108 525 633 4,568 73 62 135 1,077 820 Shopping Center* 578,300 SF 363 232 596 1,041 1,128 2,169 24,832 1,495 1,380 2,974 28,898 853 Conven. Mart w\pumps 4,750 SF 108 108 217 144 144 288 4,017 137 127 264 6,881 Sub -Total 1,096 465 1,561 1,363 1,842 3,204 35,996 1,800 1,665 3,464 38,518 25% Pass-b3, (Code 820) 74 74 149 271 271 542 6,208 359 359 719 7,224 40% Pass -bp (Code 853) 43 43 87 58 58 115 1,607 53 53 106 2,752 Total Pass -by 118 118 236 329 329 657 7,815 411 412 824 9,977 Total "New" Tripsl 978 347 1,326 i 1,034 1,513 2,547 1 28,081 1 1,388 1,253 2,640 28,542 " Average rates are utilized. PHASE 4 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 24 to assign the Round Hill Center Phase 4 development trips (Table 14) throughout the study area roadway network. Figure 25 shows the development -generated weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. PHASE 4 2022 BUILD -OUT CONDITIONS The Round Hill Center Phase 4 assigned trips (Figure 25) were added to the 2022 background traffic volumes (Figure 22) to obtain 2022 build -out conditions. Figure 26 shows the 2022 build -out weekday and Saturday ADT as well as weekday AM/PM peak hour and Saturday mid -day peak hour traffic volumes at key locations throughout the study area. Figure 27 shows the respective 2022 build -out lane geometry and weekday AM/PM peak hour and Saturday mid -day peals hour levels of service. All Synchro and HCS+ levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 15 to show the 95`i' percentile back of queue and levels of service for each lane group during Phase 4 2022 build -out conditions. � PH1Zn A Phased Traffic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 52 No Scale 20% 30% �a J 15% 15% 4 3 0 G c SITE � PrOPus�J ^'eyRoad 37 30% 5% 1 50 2 �L 4 c fib 50 O z 4 5 6 7 10% 200/0 ;,• � Q O m 37 25% 30% Commercial Residential T ■—T T-P+/ Figure 24 Phase 4: Trip Distribution Percentages A Phased Traffic Impact AnalAnoNsis of the Round Hill Center P'+ Project Number: r 25, 20 8 H �L 1 November 25, 2008 Page 53 No S J _ I1119i V s —3 n z C �a �77(130)11681 kop�'M1(65)1131 13021(230)173- 1911(62)113-4 4M C 1438 n aie 1 v, = 231( 303)14001 777fff 18(-34)1-381 97)(227)171 115J(-9)_14_� 7385 3 i` p 4467 m �98(103)11391 �� 'o""249(269)(3611 o Kam/ /} r Weekday Saturday ADT AM Peak Hour(PM Peak Hour)[SAT Peak Hour] �1��U t�3J 7(372)pSOOJ r 15921(712)165� o� Z74j c� r� 4wAw347(372)15001 13231(383)91 C 1318)(380)89� E 71 C 1188)(227)52E� 101(110)1148) 11351(156)39 1 3020 a 4zoQ ��,ry Figure 25 Phase 4: 2022 Development -Generated Trip Assignment A Phased Traffic Impact Analysis otthe Round Hill Center PHP ProjectNumber: r 25, 2 1 8 November 25, e 54 Page 54 No 1f F _ u 13479 6o a 1 �4 `77(130)11681 1� 4-590(2307)1108.11 1ME J n n I C 14389 v 50 231(303)14001 607(2208)110331 12971(227)171 .%� 19721(825)1960..' 0600 I � ll941 ro �nm �V 1n tr �124)11671 755(2284)p2441 Il '► �� �� 154(142)11571 Weekday ADT Saturday ADT A AM Peak Hou►•(PM Peak Hour)[SAT Peak Hour] 1 - /264,(642)1764) 9g 50 1 � lIz(.13) 687)120011 11089)(2169)169) 1)63�%1 K 2239 0 �1 1481(42)31� I 1s40 3 i 1519(2433)11871 160(521)11511 1 1; 5631(1972)1767 n 10101(1300)857 � G 5) N ((_17)" 11 U68)766 �i1 )110111 74)1467�� i ti � 4875 1 TC , `e Figure 26 Phase 4: 2022 Build -out Traffic Conditions A Phased Traffic Impact Anah7sis of the Round Hill Center PH R+A Project Number: r 25, 20 8 November 25, 2008 Page 55 Unsignalized "New Intersection III ICrscc( Ioil" �9 -� "Ncn' Unsignalized 1� Intersection" t Intersection Y All Way Stop "New /* Unsignalized Intersection" No Scale r►f Intersection Al\vay stop r0'O•suJ Unsignalized "New P �'nv Intersection" yq Intersection o y (B)113/� All Nay Stop �r 50 al * SITE � 1 2 � � ] Unsignalized I Signalized "Sugges,,J Intersection Intersection ❑nprorenlents" Slgnalization v LOS=C(B)[AI \V13-1 Thru i:,n C �E(B)[cl* aC70 H U S L I �,) j {� 1 diy� �t�A(B)IAI q 2 JlgllailT.CU venn'n IIIfCISCCt10I1 Improroizati n Slgnalizalio LOS=A(B)IBI En-1Left U WB- I Thru, I Righ _ SB - I Left, I Right U � - U c ICI(C)gy1 / 3 Signalized "Neu Intersect ton Intersection" LOS=B(C)[C] L q(B)Ic/ Signalized Intersection Los=D(F)ID] 4 ¢ �C(F)Icl ED ►DI(C)D� yr -4- 1 Signalized e Intersection t� c LOS=C(F)[GI B(F)IBI � W Intersection I, Intersection" U ,Inlersecti0n Improvements" LOS=C(D)IBI Q� EB - I Thru �1C.31 �l[I 'CRIAI ICI(C)D 6 Signalized 6 Signalized °suggesteJ Intersection 4� Intersection Improvements" Q EB, \1'B-1 Thru J��4' LOS=F(F)[F]441�s� LOS=B(D)IA] SBRight-Free k'eavinBLOSn(c)[BI t13(F)lA 1 � 1Fl(F)F� e° I 5U IBI(D)B s¢ ED a d h i Signalized 7 Signalized "Suggested imprm Intersection = Intersection cntenis" LOS=F D r LOS=D F D E wR -1 Thru (n] I ( )I I R � N13-1 Rigia Signalized "Suggested Intersection Improrcmenls" LOS=D(C)IDI 4 WB-I Thru Icl(F)F� 1 � �� /IBIMBAZ (A)IC] � ` IDI(D)D`� V�' Denotes Yield Conditions s 41 CDenotes Free Flow Conditions Denotes Unsignalized Critical Movement AM Peale I-Iour(PM Peak Hour)[SAT Peak Hour] Note: See Table 15 for levels of service by "Lane Group" Figure 27 Phase 4: 2022 Build -out Lane Geometry and LOS A Phased Traffic Impact Analysis of the Round Hill Center PHP Project Number: I52 ,008 2 November 25 Pagee 56 56 I Table IS Rowed Hill Center Levels of Service and Back of Queue (9S%%) Results Phase-4 2022 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Group/ Approach ANI Peak hour PNl Peal: (lour 'nturdav Peak Ilour LOS Back of Queue LOS Back of QMaC LOS Back of Queue Route 50 & Poorhouse Road Signalized EB/L E 143.0 D 25.0 D 36.0 EBrr D 1464.0 B 277.0 B 415.0 EBIT EB/R A 25.0 A 25.0 A 25.0 EB LOS D 11 B W B/L D 91.0 D 93.0 D 89.0 WB/T A 25.0 B 789.0 A 149.0 WBrr WB/T WB/R A 25.0 A 25.0 A 25.0 WB LOS A B A NB/LT E 33.0 D 25.0 D 25.0 NB/R D 93.0 A 25.0 B 25.0 NB LOS D B B SB/LT F 70.0 E 69.0 D 54.0 SB/R C 25.0 B 36.0 B 29.0 SB LOS E C C Overall LOS C B A Route 50 & Spinning Wheel Lane Signalized EB/L C 290.0 E 525.0 E 668.0 EB/T A 25.0 A 45.0 A 45.0 EB/T EB LOS A C C WBrr C 153.0 B 1278.0 A 78.0 WBrr WBfr WB/R A 29.0 A 25.0 A 25.0 WB LOS B B A SB/L E 88.0 F 290.0 298.0 SB/R B 42.0 A 62.060.0 ffA S B!R SB LOS C C C Overall LOS A B B Route 50 & Silver Lake Road Signalized EB/L E 247.0 F 394.0 F 536.0 EBrr A 419.0 A 208.0 A 228.0 EB/T EB LOS B C C WBrr A 60.0 B 1196.0 C 370.0 WBrr WBrr WB/R A 25.0 A 26.0 A 61.0 WB LOS A B C SB/L E 90.0 j E 317.0 1 E 299.0 1 SB/L SB/R B 49.0 A 85.0 A 84.0 SB LOS D D D Overall LOS B C C Route 50 & Round Hill Road/Retail Boulevard Signalized EB/L E 1 43.0 F 137.0 E 126.0 EB/T D 1304.0 D 814.0 D 654.0 EBrr EB/R A 25.0 A 25.0 A 27.0 EB LOS D D D WB/L F 334.0 E 185.0 F 214.0 WB/T A 91.0 A 39.0 B 179.0 WBrr WB/T W B/R A 25.0 A 25.0 A 25.0 WB LOS C A C NB/LT E I17.0 F 112.0 E 116.0 NB/R F 390.0 E 217.0 D 140.0 NB LOS F E D SB/L F 169.0 F 637.0 E 388.0 SB/L SBrr E 25.0 D 26.0 C 25.0 SB/R C 32.0 C 195.0 A 52.0 SB LOS F E D Overall LOS D C D PH R/� ' Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: LeR, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Anal)Ws of'the Round hill Center Project Number: 15233-1-0 November 25, 2008 Page 57 Li Table 15 (Continual) Round Hill Center Levels of Service and Back of Queue (95'%6) Results Phase-4 2022 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Croup/ Approach ANI Peal: Flour I'M Peal, hour Siturdav Peale Ilour LOS Back of Queue LOS Back of Queue LOS Back of Queue Route 50 & Ward Avenue/Botanical Drive Signalized EB/L E 57.0 F 67.0 E 46.0 EBrF D 676.0 C 749.0 C 427.0 EBrr EBlr E13R A 25.0 A 25.0 A 1 25.0 EIS LOS D C C WB/L F 59.0 F 90.0 D 53.0 W B/T B 176.0 E 1491.0 B 266.0 WBfr WB/T WB/R C 1449.0 A 55.0 A 25.0 WB LOS C D A NB/L D 40.0 D 85.0 D 50.0 NB/TR A 25.0 B 25.0 A 25.0 NB LOS B D C SB/L D 129.0 F 759.0 D 214.0 S B/L SB/TR C 38.0 C 59.0 A 25.0 SB LOS D F D Overall LOS C D B Route 50 & Route 37 SB Ramp Signalized EBrr B 156.0 B 303.0 B 94.0 EBfr EBrr EB/R C 109.0 F 886.0 A 198.0 EB LOS B D B WB/L E 105.0 F 368.0 D 60.0 WB/L \VB/T B 362.0 A 82.0 A 195.0 WBrr WB/T WB LOS B E A SB/L E 655.0 1 119.0 SB/R A 25.0 A 1 25.0 A 1 25.0 SB LOS C C A Overall LOS B D A Route 50 & Route 37 NB Ramp Signalized EB/L D 481.0 F 1028.0 D 424.0 EB/L EBrr B 135.0 A 105.0 A 50.0 EBrr EBrr EB LOS B F B WB/T E 332.0 F 1126.0 E 394.0 WB/T W B/T WB/R B 127.0 D 295.0 A 25.0 WB LOS D F D NB/L D 527.0 F 1130.0 E 547.0 NB/L NB/R D 532.0 C 135.0 A 48.0 NB/R NB LOS D F D Overall LOS D F D PHP/� * Assumed 25 feet Vehicle Length EB = Eastbound, W B =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Phased TraTic Impact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 58 ' Table 15 (Continued) Round Hill Center Levels of Service and Back of Queue (95%) Results Phase-4 2022 Build -out Conditions (with Assumed Improvements) Intersection Traffic Control Lane Croup/ Approach ANI Peak Hour PM Peak Hour 3aturdav Peak Hour LOS Back of Queue LOS Bach of Queue LOS Back of Queue Botanical Drive & Proposed New Road Unsignalized EB/LTR A 25.0 C 25.0 B 25.0 WB/LTR A 25.0 A 25.0 A 25.0 NB/L A 25.0 B 33.0 A 25.0 NB/TR SB/LTR A 25.0 A 25.0 A 25.0 Retail Boulevard C Proposed New Road Unsignalized EB/T EB/R WB/L A 25.0 B 25.0 A 25.0 W Brr NB/LR A 25.0 B 25.0 B 25.0 Silver Lake Road F Proposed New Road Unsignalized EB/T EB/R WB/LRA 25.0 B 25.0 B 25.0 WB/T- - NB/L25.0 B B 25.0 NB/R Spinning Wheel Lane S Proposed New Road Unsignalized EB/T EB/R N25.0 WB/L 25.0 B B 25.0 WB/T - - - NB/L B 25.0 C B 25.0 NB/R - - - - - - Poorhousc Road R Proposed New Road Unsignalized WB/LR B 27.0 B 59.0 B 48.0 NBrrR - - - -I - - SB/LT A 25.0 A 28.0 1 A 33.0 * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Tbm, R: Right Minimum queue length is assumed to be 25 feet A Phased Traffic Impact Analysis of the Round Hill Center PH R+A Project Number: 15233-1-0 November 25, 2008 Page 59 CONCLUSION Based upon the Synnchro analysis results, assuming the suggested improvements, the intersections of Route 50/Poorhouse Road, Route 50/Spiraling Wheel Lane, Route 50/Silver Lake Boulevard as well as all intersections along the New Proposed Road will maintain overall levels of service "C" or better during 2012 Phasel, 2018 Phase 2 and 2020 Phase 3 build -out conditions. All other study area intersections during Phase 1 through Phase 3 will maintain levels of service "D" or better. During 2022 Phase 4 build -out conditions, all the study area intersections, except the intersection of Route 50/Route 37 northbound ramps, will operate with overall levels of service "D" or better. The aforementioned intersection of Route 50/Route 37 northbound ramps will operate with levels of service "F" in PM peak hour conditions assuming the improvements. Based upon the Highway Capacity analysis results, assuming the suggested improvements, Route 50 will maintain link level of service "D" or better during all four (4) phases. The link levels of service shown in all lane geometry and levels of service figures represent the worst -case levels of service of two directions. The following describes the improvements suggested at each study area intersection during all four (4) phases: ➢ Phase 1 (2012): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -tuns lane, a westbound right -turn lane and a southbound left -turn lane will be required. - Route 50/Route 37 southbound ramps: A free -flow right -turn in southbound direction will be required. ➢ Phase 2 (2018): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spining Wheel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound right -turn lane and a southbound left -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Route 37 southbound ramps: A westbound through lane and a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Spinning Wheel Lane. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road and Spinning Wheel Lane. PHP A+ A Phased Ti arc Impact Anal>>sis of the Round Dill Center Project Number: 15233-1-0 November 25, 2008 Page 60 fl I ➢ Phase 3 (2020): - Route 50/Poorhouse Road: Signalization will be required. - Route 50/Spi77i77g Wheel Lane: This is a new intersection. Signalization, an eastbound left-tum lane, a westbound right -turn lane as well as a southbound left - turn and right -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Route 37 southbound ramps: A westbound through lane and a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound ramps: A westbound through lane and a northbound right -turn lane will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spimiing Wheel Lane and Poorhouse Road. ➢ Phase 4 (2022): - Route 50/Poorhouse Road: Signalization and a westbound through lane will be required. - Route 50/Spinin- Heel Lane: This is a new intersection. Signalization, an eastbound left -turn lane, a westbound through and right -turn lane as well as a southbound left -turn and right -turn lane will be required. - Route 50/Silver Lake Road: This is a new intersection. Signalization will be required. - Route 50/Round Hill Road/Retail Boulevard: A westbound through lane will be required. - Route 50/Botanical Boulevard: An eastbound through lane and pavement re - striping in northbound and southbound directions will be required. - Route 50/Route 37 southbound ranips: An eastbound and a westbound through lane as well as a free -flow right -turn in southbound direction will be required. - Route 50/Route 37 northbound rainps: An eastbound, westbound through lane, a northbound right -turn lane as well as other regional improvements will be required. Additionally, a new connector road will be built to the north side of the site. The connector road will traverse parallel to Route 50 from Botanical Boulevard to Poorhouse Road. There will be unsignalized intersections with Botanical Boulevard, Retail Boulevard, Silver Lake Road, Spinning Wheel Lane and Poorhouse Road. NOTE: Funding source for the aforementioned improvements has yet to be identified. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. P H R+A A Phased Traffic Inpact Analysis of the Round Hill Center Project Number: 15233-1-0 November 25, 2008 Page 61 OUTPUT MODULE Applicant: Isilver lake Residential Units (number) SFD SFA MFD Non -Residential (sq. ft.) Retail Office 0 Units 100 0 0 1,077,650 Sq. Ft. 583,050 Sq. Ft. 494,600 Sq. Ft. Total capital facilities impacts to mitigate Total revenue from commercial component 10 Year average of expenditures toward capital items $ 2,209,739 $ 31,788,328 18% Revenue to assign as credit from commercial component $5,721,899 Total capital facilities impacts left to be mitigated $ (3,512,160) Total Cost of Total Net Cost of Capital Facilities Capital Facilities Per Unit Fire And Rescue ................................................................................................................................................................................................................. $78,977 $125,526 #DIV/0! General Government .................................................................................................................................................................................................................................................................................................................................................................................................................�. ............................................................................................�........... $31,978 .............................I........... $50,826 #DIV/0! Public Safet .......................................................................�......................................................................................................................................................................................................................... $67,094 ...................................................................................................................................................... $106,639 #DIV/0! Librar Y $37,237 $59,184 #DIV/0! ............................................................................................................................................................................................................................................................................................ Parks and Recreation ..........................................................................(.............................................)......................................................................................................... $223,868 $355,816 .......... #DIV/0! School Construction $1,770,585 ........................).........................................,..,....,..,.,..,.,........,.................................... ($2,814,168) #DIV/0! Total $2,209,739 ($3,512,160) #DIV/0! COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 8, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-09 FOR SILVER LAKE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 22, 2009, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the 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, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 40 This is to certifytat t s e attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 52 - A- - C- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER VA 22601.4777 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 City of Winchester Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 52 - A- - 47- CARPENTER ROBERT N TRUSTEE CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603.3839 52 - A- - 48- FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604.1568 52 - A- - B- WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604-1568 STATE OF VIRGINIA COUNTY OF FREDERICK 52 - A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402.2249 52 -A- - 71-B BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602.2276 52 -A- - 51. BLACK BOY J N C BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602-1400 52 -12- - B. MP LLC CIO MP LLC 1205 CAROLINE ST WINCHESTER VA 22601.2903 52 -A- - 51-A SPAID STEPHEN M SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603.3951 u 6-7 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, (% , a Notary Public in and for the State and County aforesaid, do Wreby certify that M' c ael T. Ruddy, Deputy Planning Director for the Department of Planni g d Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my Stat and ounly aforesaid. Given under my hand this day of 4do fl 0 My commission expires on 2 INGER 1878 C OMMONWEALTHF NOTARY (VIRGINIA JULY31,2p11 ANOTARaY*PILIC OVLF/'. 52 -12- - A1- WEBBER CHARLES L. & BETTY 2539 NORTHWESTERN PIKE WINCHESTER VA 22603-3820 52 - A- - 229- TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 53- TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603.3811 52 - A- - 227-A SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 54- ROBINSON C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER VA 22601.4736 52 - A- - 226- KERNS LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 52 60- HEI*F LILLIE V REID CIO CAHOLYN R TURNER EXECUTOR 424 W CECIL ST WINCHESTER VA 22601.3706 52 - A- - 60-B TRUONG DAWN HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655.4529 52 - A- - 61- GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603.3813 52 - A- - 66- ANDERSON GARLAND SCOTT 104 EXMOOR CT STEPHENS CITY VA 22655-4800 52 - A- - 65- COCHRAN CHARLES E JR & MARIAM G 208 FOX DR WINCHESTER VA 22601.3037 52 - A- - 64. NICHOLS CASSANDRA L 22603.3803 373 POORHOUSE RD WINCHESTER VA 22603.3845 52 - A- - 194- ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 2.2603.3821 52 - A- - 193- TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA 22602.4623 52 - A- - 166- CATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603-3821 52 - A- - 55- BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 52 -3- - I. BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603-3845 52 -3. - 3. LABROZZIJOSEPH A LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603-3846 52.3--4. MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603.3846 52 - A. - 44. ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD 22604-8316 WINCHESTER VA 22603.3846 52 - A- - 57- HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603.3848 52 - A- - 58- VERRET ROY A & BETTY C PO BOX 283 WINCHESTER VA 22604.0283 52 - A- - 59- WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA 22603.3848 52 - A- . 45. DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA 2.2603.3846 52 • A. - 46. BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603.3846 52 - A- - 46-A MOLDEN REAL ESTATE CORP 2400 VALLEY AVE WINCHESTER VA 22601.2765 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 6, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-09 FOR SILVER LAKE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 18, 2009, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the 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, MMichael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 (V This is to c-er-tify that the attached correspondence was mailed to the following on //r,01 from the Department of Planning and Development, Frederick County, Virguua: r' 52 - A- - C- SILVER LAKE LLC CIO JAMES R WILKINS III 13 S LOUDOUN ST WINCHESTER VA 22601.4777 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 City of Winchester Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 52 - A- - 47- CARPENTER ROBERT N TRUSTEE CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603.3839 52 - A- - 48- FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 52 - A- - B- WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604.1568 52 -A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402.2249 52 -A- - 71-B BISHOP GREGORY A & STACIE L 108 STONEWALL OR WINCHESTER VA 22602.2276 52 -A- - 51. BLACK BOY J N C BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602.1400 52 -12- - B. MP LLC C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601.2903 22604.1568 Michael T. Ruddy, Deputy Planning Dire for Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK - 1, , a Notary Public in and for the State and County aforesaid, do ereby certify that Wchael T. Ruddy, Deputy Planning Director for the Department of Planng- and Development, whose name is signed to the foregoing, dated 7Q , has personally appeared before me and acknowledged the same in my State�and County aforesaid. Given under my hand this �� day of������ My commission expires on / �b BEVERLY H, DELLINGER NOTATtY ID # 331878 COMMONw5[LTPUBLIC IH©INIA MYCOMMISSIONEXPIkt5 JULY31,2pi1 52 -A- - 51-A SPAID STEPHEN M SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603-3951 52 -12- - A1- WEBBER CHARLES L. & BETTY C. 2539 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 229- TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 53- TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603.3811 52 - A- - 227-A SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 54- ROBINSON C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER VA 22601.4736 52 - A- - 226- KERNS LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 52 A VERRE . )Y A & BETTY C PO BOX 283 WINCHESTER VA 22604.0283 52 - A- - 59- WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA 22603-3848 52 - A- - 60- HEIRS OF LILLIE V REID CIO CAROLYN R TURNER EXECUTOR 424 W CECIL ST WINCHESTER VA 22601-3706 52 - A- - 60-B TRUONG DAWN HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655-4529 52 - A- - 61. GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603.3813 52 - A. - 66. ANDERSON GARLAND SCOTT 104 EXMOOR CT STEPHENS CITY VA 22655.4800 52 - A. - 65. COCHRAN CHARLES E JR & MARIAM G 208 FOX DR 22603.3803 WINCHESTER VA 22601.3037 52 - A- - 194- ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603.3821 52 - A- - 193- TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA 22602.4623 52 - A- - 166- CATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603-3821 52 - A- - 55- BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604-8316 52 - A- - 57- HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603.3848 52 - A. - 64. NICHOLS CASSANDRAL 373 POORHOUSE RD WINCHESTER VA 22603.3845 52 -3. - 1- BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603.3845 52 -3. - 3. LABROZZI JOSEPH A LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603.3846 52 -3. - 4. MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603-3846 52 - A. - 44. ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD WINCHESTER VA 22603.3846 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia. 52 - A- - 45- DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA 22603.3846 52 - A- - 46- BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603-3846 52 - A- - 46-A MOLDEN REAL ESTATE CORP 2400 VALLEY AVE WINCHESTER VA 22601.2765 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGTNIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC fF2 !S 1LVCj' Adjoining Property Owners Listing Silver Lake, LLC Property 0 10 File 4928S Number ITax Map Number Owner Mailing Address City& State ZIP Zonin Land Use Acreage Deed Book Page Instrument Yr. Instrument No. 1 52 A 47 ✓ CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 RA 6 152.05 0 2007 17603 2 52 A 48 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 5 21.92 546 194 0 03 52 A 49 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 2 10.21 546 194 0 0 4 41 A 170 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 276.79 341 47 0 0 5 53 A 69 FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604 RA 6 116.49 296 302 0 0 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 RA 5 30.45 0 2002 20744 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 RA 5 77.44 848 1208 0 0 8 52 A B WINCHESTER WAREHOUSING INC. - & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 132 2 30.00 0 2003 16328 9 52 A 71A V COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 1 62 72 14.65 837 1538 0 0 10 52 A 71 B BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 8.45 934 538 0 0 11 52 A 71C BISHOP GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER VA 22602 RA 2 4.60 934 538 0 0 12 52 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 RA 4 1.161 0 0 0 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 RA 2 2.80 0 2005 21998 14 52 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 0.98 0 2007 10288 15 52 12 Al WEBBER CHARLES L. & BETTY C. 2539 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.35 509 695 0 0 16 52 A 229 TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 2.82 0 2001 9406 17 52 A 228A TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 74 6.04 0 2001 9406 18 52 A 53 TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 132 4 2.03 0 1 0 0 19 52 A 227A V SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA. 22603 RA 2 1.28 585 423 1 0 0 20 52 A 54 ROBINSON C L - C/O F&M BANK WINCHESTER 9 COURT SO WINCHESTER VA 22601 RA 2 0.15 302 354 0 0 21 52 A 226 KERNS ROGER L & LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 22603 RA 2 0.64 549 626 0 0 22 52 A 194 ROBBINS TONY E - & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 1.63 977 182 0 10291 23 52 A 193 TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA. 22602 RA 2 0.54 0 2004 1439 24 52 A 166C TRIPLETT JERRY W 245 MCCARTY LN VINCHESTER VA. 22602 RA 2 0.77 0 2004 1439 25 52 A 166 CATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603 RA 2 6.26 0 0 0 26 52 A 55 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 0.04 631 638 0 0 27 52 A 56 BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604 RA 2 1.15 631 638 0 0 28 52 A 57 HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 RA 2 1.04 0 2004 24081 29 52 A 58 VERRET ROY A & BETTY C PO BOX 283 WINCHESTER VA 22604 RA 2 1.07 0 0 0 30 52 A 59 WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA. 22603 RA 2 1.27 0 2005 20347 31 52 A 60 REID LEO G. & LILLIE V. 2726 NORTHWESTERN PIKE WINCHESTER VA. 22603 132 4 1.02 0 0 0 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655 62 4 2.99 0 1 2005 7283 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 132 4 4.81 934 1689 0 0 34 52 A 66 ✓ ANDERSON GARLAND SCOTT 104 EXMOOR CT STEPHENS CITY VA 22655 RA 2 2.17 0 2004 20366 35 52 A 65 / COCHRAN CHARLES E JR & MARIAM G 208 FOX DR WINCHESTER VA 22601 RA 4 2.50 750 450 0 0 36 52 A 64 / NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 RA 2 0.761 879 640 0 0 37 52 3 1 ✓ BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD VVINCHESTER VA. 22603 RA 2 0.72 585 540 0 0 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR 'WINCHESTER VA RA 2 0.75 545 207 0 0 39 52 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA RA 2 0.79 0 2005 13665 40 52 3 4 MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA. RA 2 1.18 750 464 0 0 41 52 A 44 ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD WINCHESTER VA V22603 RA 2 3.67 756 394 0 0 42 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA. RA 2 3.97 310 312 0 0 43 52 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA RA 2 1.73 861 737 0 0 44 52 A 46A MOLDEN REAL ESTATE CORP 2400 VALLEY AVE WINCHESTER VA RA 2 2.65 0 2005 1929 TO:BARBARA-DATA PROCESSING FROM-.BEV - Punning Dept. Pleaserint a sets of labels by p 5 n o� c THANKS! 2-19-2009 Source: Frederick County GIS Data, April 2008 1 of 1 ;ok -r + s PU6LIC HEARING couml 7�, •,77aF$�- ` r f �• � 'fir ,k. � � i,� Lr Pce .d': •q ,4 :'.� °� ,��+'( iv k� w. 'S ,yM I '' T .)/I � ✓� •P r ` �f � d �'� ', firs ( 1n % « v� rt • ' 7vr„ . Yi" x.,, G-a � � "�ii�� +. '4 }"� g �•v , `�• jt r 4 �}i�" Y `..^'7'It, '+f t ... T. �# M € s •'a `�¢. a° .�„"�§ �, .r. . � ti a f� .-�i�ti` . ::y t..}G ••� � y� ,.yy : «�° 'P'➢„�+�*°b y,�dAd e .� i.�. si. i t7A '� •i.'I r..� 1;`> t rl. * x ."! �.'y.. 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IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice Mark Dana Eric Mike John Amber DATE & TIME 3,•�0 COMMENTS:_ �d-z t tl>� (-e�G e- i� i� c c✓�� ��n. Gc,(Jj Received by Clerical Staff (Date & Time): V 9 2- I XO `09 U:\Pam\Common\Document Approval Form.wpd 13 aoD 9 FREDERICK COUNTY SANITATION AUTHORITY SEWERLINE DEED OF EASEMENT and WATER LINE DEED OF EASEMENT THIS DEED OF DEDICATION OF SANITARY SEWER PUMP STATION LOT, DEED OF EASEMENT OF SANITARY SEWER, and DEED OF EASEMENT OF WATERLINE, is made this `1 yfi— day of August 2013, by and between SILVER LAKE, LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and FREDERICK COUNTY SANITATION AUTHORITY, ("F.C.S.A.") a Virginia corporation organized and existing under the provisions of the Virginia Water and Waste Authorities Act (§§ 15.2-5100, et seq., Code of Virginia, 1950 as amended), party of the second part, hereinafter called the Grantee. RECITALS: R-1, Silver Lake, LLC is the owner of a certain tract of land containing 164.6509 acres more or less, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia and identified in the tax records of Frederick County, Virginia as Tax Parcel Number 52-A-C and Silver Lake, LLC desires to dedicate in fee simple a certain Sanitary Sewer Pump Station Lot, hereafter described together with a 20 feet ingress/egress easement for access to the Sanitary Sewer Pump Station Lot dedicated hereby; and, R-2, Silver Lake, LLC desires to deed a Salutary Sewer Easement and Water line Easement in connection with the development of the Tax Parcel Number 52-A-C. WITNESSETH: 'That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, with General Warranty of Title, in fee simple absolute, but subject to the reversion hereafter set forth, all of that certain tract or parcel of land containing 4,940 square feet (0.1134 acre) together with a certain 20 feet wide ingress/egress non-exclusive easement in order for the Grantee to access the Sanitary Sewer Pump Station Lot dedicated hereby and the Sanitary Sewer Pump Station Lot and the 20 feet wide ingress/egress easement is shown on the plat of survey drawn by Richard A. Edens, Land Surveyor dated August 18, 2011, attached hereto and by this reference made a part hereof as if set out in full and being over a certain tract of land identified as Tax Parcel 52-A-C as established by Boundary Line Adjustment plat dated February 15, 2008 and revised March 2, 2008 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument Number 090001536, as corrected by Affidavit of Correction dated September 30, 2009 of record in the aforesaid Clerk's Office as Instrument Number 090010887 and being a portion of "Parcel Five" conveyed to Silver Lake, LLC by Deed dated December 31, 1996 of record in the aforesaid Clerk's Office in Deed Book 872 at Page 318. The conveyance in fee simple of the Sanitary Sewer Pump Station Lot is made with a right of reversion retained in the Grantor, which right of reversion shall automatically take place upon the abandomnent of the Sanitary Sewer Pump Station Lot by F.C.S.A. and which abandonment shall be documented by an Affidavit placed of record by F.C.S.A. indicating its intention to abandon the Sanitary Sewer Pump Station Lot. Page 1 of 5 G: 2013 Real Estate\13202 Silver Lake\Sewer & Water Easement v3 Q O ._D FURTHER WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, with General Warranty of Title: (i) an exclusive, permanent and perpetual sanitary sewer right-of-way and easement 20 feet in width. Said permanent/perpetual sanitary sewer right-of-way and easement being more particularly shown as "20' Sanitary Sewer Easement I-Tereby Dedicated to F.C.S.A." on the certain plat entitled "Final Plat for Pump Station Lot and Easement Dedication of a Portion of the Land of Silver Lake, LLC" prepared by Richard A. Edens, Land Surveyor, dated August 18, 2011, which plat is attached hereto and incorporated herein fully by this reference, said easement being over and upon a portion of the land acquired by the Grantor herein by Deed dated December 31, 1996 of record in the aforesaid Clerk's Office in Deed Book 872 at Page 318; and (ii) an exclusive, permanent and perpetual water line right-of-way and easement 20 feet in width, located in the northeast corner of the Grantor's property. Said permanent/perpetual water line right-of-way and easement being more particularly shown as "20' Water Line Easement Hereby Dedicated to F.C.S.A." on the aforesaid plat drawn by Richard A. Edens, Land Surveyor, dated August 18, 2011, which plat is attached hereto and incorporated herein fully by this reference, said easement being over and upon a portion of the land acquired by the Grantor as aforesaid in Deed Book 872 at Page 318. The permanent/perpetual sanitary sewer easement herein conveyed grants to the Grantee the perpetual right to construct, install, lay, maintain, repair, add to, alter, replace, extend and operate present or future underground sanitary sewer lines, including building connection lines, sanitary lateral lines, manholes and all other appurtenant facilities necessary for the collection of sanitary sewage and its transmission through, upon and across the Grantor's property as shown on the above -referenced Plat, and includes the right to go on, over and upon said permanent/perpetual easement for the purpose of installing, laying, maintaining, repairing and replacing the same as needed. The permanent/perpetual easement herein conveyed grants to the Grantee the perpetual right to construct, install, lay, maintain, repair, add to, alter, replace, extend and operate present or future underground water lines and water mains, including manholes, fire hydrants, valves, meters, building service connections and lines, and all other appurtenant facilities necessary for the transmission and distribution of water through, upon and across die Grantor's property as shown on the above -referenced Plat, and includes the right to go on, over and upon said permanent/perpetual easement for the purpose of installing laying, maintaining, repairing and replacing the same as needed. The foregoing easements granted to the Grantee are subject to the following rights and conditions: 1. All sanitary sewer lines and appurtenant facilities and all water lines, water mahis and appurtenant facilities which are installed in the permanent/perpetual easements shall be and remain the property of the Grantee, its successors and assigns. 2. The Grantee and its agents shall have full and free use of said easements for the purposes named herein, and shall have all rights and privileges reasonably necessary to the exercise of the easements. In the event Page 2 of 5 G: 2013 Real Estate\13202 Silver Lake\Sewer & Water Easement v3 0 G —O O the Grantee is unable reasonably to exercise the right of ingress and egress over the permanent/perpetual easement, the Grantee shall have the right of ingress and egress over the land of the Grantor adjacent to such easements in order to access the easements; provided, however, that this right to use such adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the Grantee to erect any building, structure or facilities on such adjoining land, 3. The Grantee shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions of facilities in or near the easements being conveyed deemed by Grantee to interfere with the proper and efficient construction, operation and maintenance of said sanitary sewer Line and appurtenant facilities and to interfere with the proper and efficient construction, operation and maintenance of said water lines, water mains and appurtenant facilities; provided, however, that the Grantee, at its own expense, shall restore, as nearly as possible, to their original condition all land or premises included within or adjoining said easements which are disturbed in any manner by the construction, operation and maintenance of said sewer line, and appurtenant facilities and said water lines, water mains and appurtenant facilities. Such restoration shall include the backfilling of trenches and the re -seeding of lawns or pasture areas, but shall not include the replacement of structures, fences, trees, shrubbery and other facilities located within the area of the easements. Grantor shall retain the right to use its land which is subject to the easements conveyed herein in any manner which shall not interfere with the use and enjoyment of said easements rights by Grantee. Grantor shall at all times have the right to cross over and upon said easements and to use the surface over the said easements in such a manner as will neither injure nor interfere with the construction, operation or maintenance of the sanitary sewer lines, and the construction, operation or maintenance of the water lines and water mains except that no building or other permanent or temporary structure shall be erected over said permanent easement. (This space was intentionally left blank, signature page to follow) Page 3 of 5 G: 2013 Real Estate\13202 Silver Lake\Sewer & Water Easement v3 WITNESS the following signatures and seals: SILVER LAKE, LL a Virginia limited lit By: James R, it COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 2013, by James R. Wilkins, III, Member/Manager of Silver Lake, LLC My commission expires / teG 36, c?o f'l Registration No. /g qDS�f Notary Public CINDY QROVE NOTARY PUBLIC Commonwealth of Virginia Reg. C84054 Page 4 of 5 G: 2013 Real Estate\13202 Silver Lake\Sewer & Water Easement v3 0 0 WITNESS the following signature and seal: FREDERICK COUNTY SANTTATION AUTHORITY Uwe ein(fel, Engineer -Direct COMMONWEALTH OF VIRGINIA, AT LARGE, COUNTY OF FREDERICK, to wit: The foregoing instrument was acknowledged before me this 94pday of 2013, by Uwe E. Weindel, as Engineer -Director of the Frederick County Sanitation Aut ority, a Virginia Corporation, on behalf of the corporation I My commission expires the )% !_ �n/�� 15 TASHEMALONG NOTARY PUBLIC REGISTRATION # 7285287 COMMONWEALTH OF vIAGINIA MY COMMISLIST ION EX EXPIRES Notary Public AUr (Vote: the Plat shall also be signed by the Authority Page 5 of 5 G: 2013 Real Estate\13202 Sliver Lake\Sewer & Water Easement v3 FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE, LLC GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGIN/A AUGUST 18, 2011 Round Hill S� 4o�eew o J � �D. rOh ° e w� 5 1 TE �oJc 0 u ���a moo• city or U.S. Rt. 50 ` 'D wnchester �„ U Ga�esp�o Nor Wester, P ika • obers ? t St. ro Am Dhtrict Q3 l3 reek District Round Hill Road t 80.3 W&W Railroad 30` Q VICINITY w 1 ' = 21 000' OIYNER S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION AND DEDICA77ON OF A PORTION OF THE LAND OF SILVER LAKE, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRI ORS, AND TRUS IF ANY. �} COMMONWEALTH OF WRGIN44 CITY / OUN OF Ey-f-dP..v1GL TO WIT. n ; THE FOREGOING OWNER'S C£R77RG47E WAS ACKNOWLEDGED BEFORE ME THIS DAY OF J oy-V- 20j By �% o Si Iv l.0 ;;�• MY COMMISSION EXPIRES 20�(¢_. a REGISTRATION No. 7A Co 10 6 NOTARY PUBLIC SURVEYORS CERTIFICATE I HEREBY CER77FY THAT THE PUMP STATION LOT DESCRIBED BY THIS DEDIt:A77ON PLAT 15 A PORTION OF 'ADJUSTED T.M. 52-A-C' AS ESTABLISHED BY BOUNDARY LINE ADJUSTMENT PLAT DATED FEBRUARY 15, 2008 AND REVISED MARCH 2, 2008 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 090001536, AS CORRECTED BY AFFIDAVIT OF CORRECTION DATED SEPTEMBER 30, 2009 OF RECORD IN SAND CLERK'S OFFICE AS INSTRUMENT No. 090010867, AND BEING A POR77ON OF `PARCEL FIVE" CONVEYED TO SILVER LAKE, LLC BY DEED DATED DECEMBER 31, 1996 OF RECORD IN SAID CLERK'S OFFICE IN DEED 'VJQ 1i A, - BOOK 872 AT PAGE 318. RICHARD A EDENS, L.S. NOTE: PARENT TAX PARCFLQFNl7FQT/ON T.M. 52-A-C 164. 6509 ACRESi ZONE.- B2 USE: VACANT APPROVAL.- �ALTH 0�, �� SE�.z p UNTY SAN/ ��K TION AUTHORITY DATF IFREDERICKCOUNTY N 1� U RICW A. EDENS � SUBDIVISION ADMINISTRATOR DATE lAc. No. 2550 GREENWAY ENGINEERING, INC. 151 Windy Hill LaneEngieerN Winchester, Kirginia 22602 D Sj7Rv�' Surveyors e1 Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 4928N SHEET 1 OF 6 ESMT 11-09 www.greenwayeng.com C7 O �D w 521PGE �5'55" E o C2 E ti 76. s j � 0 R1a9 p1 J PGPat � 1 0 3p 1.90 �` G SEESHEET 6 FOR LINE DA7A, CURVE b o DATA, EASEMENT I 20 SANITARY SEWER EASEMENT CENTERLINE DATA LEGEND, NOTES AND / / HEREBY DED/GITED KEY TO ADJOINING ��°a9i� ^ TO F.C. SA PROPERTY OWNERS. / o4- � \ \ S7 10, / 110' INGRESS/EGRES'S EASEMENT ` / ��bp Ip��j� 10, / INST. No. 0900015J6 \ ,yo I'V,S�,pFq yj ` /06 ' TAX PARCEL � 00o Z 52-A-C `�� o�"F 164.6509 ACRES-* (TOTAL) ' SILVER LAKE, LLC DB 927 PG 1591 (PARCEL ONE) do OB 872 PG 318 (PARCEL ENE) SEE PLAT INST. No. 0900015J6 & 090010887 ' 164.5375 ACRES-* REMAINING (BY SUBTRACTION) ' ZONE: B2 USE: VACANT ¢,VS 5. N 4221'32" W 218.99' N 41 '49 22" W A,6 c 265.40' joN K- Jo 9 9? US ,pfE�T o °e 8ja sq�cR s? q�sz 42�� og. 250 0 250 fPB2 zB PE <<C U,SF�gFG4/VTC�`QJ GRAPHIC SCALE (IN FEET) FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE, LL C GAINESBORO MACISTERW DISTRICT, FREDERICK COUNTY, ORGIM4 SCALE.- 1 " = 250' 1 DATE: AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyor.-*' Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 2971 www.greenwayeng.coni O Zs 44 NLTH I RICMD A. EDENS Lic. No. 2550 14928N SHEET 2 OF 6 1 CD CD T.M. 52—A-50 THE VKLAGE AT ORCHARD RIDGE, INC. o C? INST. No. 09001102J 2 N ti `ti o `r?, ZONE: MS USE: VACANT \ \ �Cj—oS 7� 255' 110'INGRESS/EGRESS� EASEMENT INST. No. 090001536 20' WATERLINE EASEMENT o o SEE DETAIL - SHEET 5 c OT TAX PARCEL 52-A -C 164.6509 ACRESf (TOTAL) SILVER LAKE, LLC OB 927 PG 1591 (PARCEL ONE) & 08 872 PG J 18 (PARCEL FIVE) SEE PLAT INST. No. 0900015J6 & 090010887 164.5J75 ACRES1 REMAINING (BY SUBTRACTION) ZONE: 82 USE- VACANT 2 N '-10- S6 � V � ggggw 20' SANITARY Q O 4i� SEWER EASEMENT HEREBY DEDICATED TO F. C. SA S4 S3 -f- \ �o ?0c, V,,� $yo r, O o \ZF• \ E3-+ 0 PUMP STATION LOT 4,940 SQ. FEET OR 0,1134 ACRE HEREBY DEDICATED IN FEE SIMPLE. (SEE SHEET 4 FOR DETAIL) SEE SHEET 6 FOR LINE DATA, CURVE S 25'52'36, E DATA, EASEMENT 484.69' CENTERLINE DATA, S2 (TIE UNE) LEGEND, NOTES AND KEY TO ADJOINING PROPERTY OWNERS. \ -C3 \\\rSI / o` 20' INGRESS/EGRESS � El f EASEMENT HEREBY EC 1 16.66' f DEDICATED TO F.C.SA 79 44 IRF _ N 88'49'57' W 208.57' = 1 " 0 C4 S1EA O Plr 250 0 250 _0 Lj°_/ NDAINWEFOWpEH R/" GRAPHIC SCALE VAROL (IN FEET) FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE, LL C "NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE: I' = 250' 1 DATE: AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 1 owided in 1971 www,greenwayeng.com 'p J,TH o, j� o RICHARD A. EDENS a Lic. No. 2550 0 14928N SHEET 3 OF 6 1 0 O U1 20' SANITARY SEWER EASEMENT HEREBY DEDICATED TO F.C.S.A In 10' 10' I ti b� I I �o I I NQM SEE SHEET 6 FOR LINE DATA, CURVE EATA, EASEMENT CENTERLINE DATA, LEGEND AND NOTES. RESIDUE OF T.M. 52—A—C SILVER LAKE, LLC DB 927 PG 1591 (PARCEL ONE) & OB 872 PG 318 (PARCEL FIVE) SEE PLAT INST. No. 090001536 & 090010887 164.5375 ACRES1 REMAINING (BY SUBTRACTION) ZONE B2 USE. VACANT IRS 0 _ o IRS (19.31) (56.69) N 70'53'01 ' E 76.00' S � SANITARY SEWER 3 PUMP STATION LOT 4,940 SQ. FEET 4, i OR 0.1134 ACRE Ilk HEREBY DEDICATED TO F.C.S.A. O IN FEE SIMPLE. cp o� O 20' INGRESS EGRESS S 70'S3'01 " W °i EASEMEW HEREBY 1 76.00' DEDICATED TO F.C.SA j — L r�(7.38) (35.97) (32.65 E4 I IRS I / IRS — --- --� i r r r r � r I I I 1 � r 1 1 20' SANITARY SEWER EASEMENT HEREBY j DEDICATED TO F.C.SA r 10' 1p RESIDUE OF T.M. 52-A-C I SILVER LAKE, LLC 1I r DS 927 PG 1591 (PARCEL ONE) & 1 I DB 872 PG 318 (PARCEL FIVE) SEE PUT INST No. 090001536 & 090010887 I 164.5375 ACRESt REMAINING (BY SUBTRACTION) 'I ZONE: 62 USE. VACANT DETAIL OF PWP STATION LOT SCALE- I" = 25' S 25'5236' E 484.69' TO IRE (TIE LINE) 25 0 25 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SIL VER LAKE, LLC GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN/A SCALE: 1 " = 25' 1 DATE: AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com LTH O�y� t RICHAD A. EDENS a Lic. No. 2550 20' WATERLINE EASEMENT CENTERLINE CURIE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING WC1 09'11'05" 888.50' 142.43' 71.37' 1 N 61-00'46" W TM. 52—A-50 THE VILLAGE AT ORCHARD RIDGE, INC. INST. No. 09001102J ZONE- MS USE: VACANT C3 t(ARC = 188.43') \ W7 (39.69) 1 302.55 S 7.1�(262.66) W5 � i W3 IN. w! 10' Ws r W4! wc1 1110' INGRESS/EGRESS EASEMENT INST. No. 090001536 20' WATERLINE EASEMENT HEREBY DEDICATED TO F.C.SA RESIDUE OF T.M. 52—A—C SILVER LAKE, LLC D8 927 PG 1591 (PARCEL ONE) & D8 872 PG 318 (PARCEL FIVE) SEE PLAT INST No. 090001536 & 090010887 164.5375 ACRES± REMAINING (BY SUBTRACTION) ZONE- 82 USE: VACANT DETAIL OF WATERLINE EA.SEAAFNTS SCALE 1" = 100' 20' WATERLINE EASEMENT ('FNTFR/INF nATA LINE BEARING DISTANCE W 1 N 5718 59 " W 169.50' W2 N 12'18 59" W 40.69' W3 N 71'36'18' W 51.11, W4 S 18'23'42" W 75.00' W5 N 187342' E 63.50' W6 N 71'36'18" W 39.89' W7 N 13'03'30" W 86.20' 1 10' h O �V 100 0 100 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 6 FOR LINE DATA, CURVE DATA, EASEMENT CENTERLINE DATA, LEGEND AND NOTES. FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORTION OF THE LAND OF SILVER LAKE, LL C GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINM SCALE I" = 100' 1 DATE: AUGUST 18, 2011 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Foutuled in 1971 www.greenwayeng.conz t RICHARD A. EDENS �P- Lic. No. 2550 4928N SHEET 5 OF 5 ESMT 11-09 0 0 wlz s r• RnIJNnARY rLIRVF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 25'50'49" 1,455.00' 656.37' 333.87' S 89'51'19' E 650.82' C2 44'09' 13' 935.00' 720.54' 379.22' S 54'51 ' 18' E 702.84' C3 38'49 37' 825.00' 559.07' 290.75' S 52' 11 '30' E 548.43' C4 09'29 28" 5, 617.58, 930.56' 466.35' N 78'07'18 W 929.50' 20' SANITARY SEWER EASEMENT CENTERLINE CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH SC1 05'40'36" 500.00' 49.54' 24.79' N 09'57'17" W 1 49.52' 20' INGRF.SS/FGRFSS FASFA,IFNT rFAITFRIINF rI/RVF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC 1 35'4547" 80.00 49.93' 25.8 1' N 1717' 17" W 49, 13' EC2 56'36 20' 160. 00, 158.07' 86.16' N 06'52'01 " W 151.72' EC3 49'2652' 100.00' 86.30' 46. 05' N 46'09'35' E 83, 65' EC4 45'34 23' 25.00' 19.83, 10.50' N 48'05'49" E 19.36, RotmnARY / INF nAT,4 LINE BEARING DISTANCE Ll N 73'23'40" W 81,08, L2 N 36'36'20" E 300.00 L3 N 7323'40" W 200.00' L4 S 36*3620' W 300.00' L5 N 41.41 '58' W 359.46' 20' S4N/TARY SEWER EASEMENT rFNTFRIINF nATA LINE BEARING DISTANCE S1 N 12'47'36' W 309.75' 52 N 07-06 59" W 59.34' Si N 18'05'00" W 24,83' S4 N 24-2536" W 376.86' S5 N 24'34'30' W 400.00' S6 S 75'19'05' W 266.74' 20'INGRESS/EGRESS EASEMENT CFNTTFFRLINF DATA LINE BEARING DISTANCE El N 003536' E 12.56' E2 N 35' 1O'11 ' W 25.23' E3 N 21'26'09' E 67.34' E4 N 70'53'01 " E 96.95' KEY TO ADJOINING PROPERTY OWNERS T.M. 52-A-51 O ROY J. BLACK, ET UX DB 559 PG 688 ZONE.- R4 USE.- COMMERCIAL T.M. 52-A-51A © STEPHEN M. SPAID, ET UX INST No. 070010288 ZONE RA USE. RESIDENTIAL 57 N 24'34 30 W 800.00' LEGEND S8 N 2723'S7" W 400.00' CMF = CONCRETE HIGHWAY MONUMENT FOUND S9 S 76'04'35" W 293.30' IRF = 1/2" IRON REBAR FOUND T-1Z IRS = 1/2" IRON REBAR & CAP SET THE BOUNDARY INFORMATION SHOWN HEREON WITH RESPECT TO THE SUBDIVISION OF THE PUMP STATION LOT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM, THE BOUNDARY INFORMATION SHOWN FOR THE REMAINDER OF THE PARENT TRACT IS INTENDED FOR EASEMENT DESCRIPTION PURPOSES ONLY, HAS BEEN PREPARED FROM AVAILABLE RECORDS, AND IS NOT PURPORTED TO BE A CURRENT BOUNDARY SURVEY OF THE TRACT OR ANY PORTION OF THE BOUNDARY LINES. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. THE PROPERTY SHOWN HEREON LIES WITHIN FLOOD ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2Z ANNUAL CHANCE FLOODPLAIN, AND FLOOD ZONE A, SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE IX ANNUAL CHANCE FLOOD; NO BASE FLOOD ELEVATIONS DETERMINED, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO2040, DATED SEPTEMBER 2, 2009. THE APPROXIMATE LIMITS OF FLOOD ZONE A ARE DEPICTED HEREON AS DETERMINED BY GRAPHIC PLOTANG UPON THE REFERENCED MAP. FINAL PLAT FOR PUMP STATION LOT AND EASEMENT DEDICATION OF A PORT70N OF THE LAND OF �AUTH OF SILVER LAKE. LL C o� GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORG/NA RICHARD A. EDENS y Lic. No. 2550 0 SCALE NIA I DATE- AUGUST 18, 2011 GREENWAY ENGINEERING$ INC. 151WindyHill Lane `--vEngineers Winchester, trrginia 22602 Surveyors Telephone: (540) 662-4185 4928N SHEET 6 OF 6 RAX: (540) 722-9528 Founded in 2971 I ESMT 1 1-09 www.greenwayeng.com c c vIROM F1iOMMCOUNfY—Wr �a�cmaat �writiog was pnodceaed tome on �-a6-20k3 at aed with certificate acknowledgement thereto annexed wu§ adtnittvd to record, Tax imposed by Sec. 58.1-802 of I , and 583.801 have been paid, if assessable.