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HomeMy WebLinkAbout013-03 Crosspointe Center - 574.37 RA to B2 & RP - Shawnee - BackfileCASH Date 1 . REC IPT ' Received .tom \�7�'► !;� -� �� Address + >r � 7 i. CV [4�t � t 1JQAr✓Iliv�r �+ "'`- f)ol(ars ZJ Q WT OF U J �+ Il ACCOUNT ISC) CASH 1 7l 2 AMT PAID CHECIE �` f BALANCE,-- MONEY ORDE ❑ B5/ `•�"�"J�.•�� DUE �--1 CREDIT CARD❑ r REZONING TRACKING SHEET 7 /o�g1b- Application re eiv d/file opened /(0� Reference manual updated/number assigned r7) 03 D-base updated ©/1�'`7 /V 3 Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing OZ� `7 b._ One 81/2" x 11 " black and white location map ordered from Mapping /D. D 3 rsa. File given to office manager to update Application Action Summary �fJ 3 PC public hearing date ACTION:; BOS public hearing date ACTION: S-igned-copy--of resolution -for -amendment of ordinance, with conditions proffered--- - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U:\Carol\Common\tracki ng. rez Revised05/09/02 iG� C`r7 COJ. ,tea COUNTY of FREDERICK Department of Planning and Development 540/66S-5651 FAX: 540/ 665-6395 February 13, 2004 G. W. Clifford & Associates, Inc. Attn: Charles Maddox, Jr. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING #13-03, CROSSPOINTE CENTER Dear Mr. Maddox: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 11, 2004. The above -referenced application was approved to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Perfornlance) and B2 (Business General). Specifically, the rezoning was approved as follows: 175.62 acres from RA to B2, 381.80 acres from RA to RP, and 16.95 acres from B2, without proffers, to B2 with proffers. The subject properties are located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and are identified with Property Identification Nu rnbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, and 75-A-96, in the Shawnee Magisterial District. The proffers that were approved as a part of this rezoning application are unique to these properties and are 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, =er M. Mohn, AICP Deputy Planning Director CMM/bad cc: --Glaize Developments, Inc. .--Jerry Copp, VDOT Resident Engineer -N. Harrington Smith, Shawnee District Supervisor —J'ane Anderson, Real Estate ,-Alex Gray, Planning & Development em: ,William C. Rosenberry anpobert A. Morris, Shawnee Plarming Commissioners 107 North Kent Street - Winchester, Virginia 22601-5000 REZONING APPLICATION #13-03 CROSSPOINTE CENTER Staff Report for the Board of Supervisors Public Hearing Prepared: February 2, 2004 Staff Contact: Christopher M. Mohn, AICP, Deputy Director repared by the Frederick County Planning Staff to provide information to the zission and the Board of Supervisors to assist them in making a decision on this may also be useful to others interested in this zoning matter. Unresolved issues application are noted by staff where relevant throughout this staff report. Reviewed Action aission: 11/19/03 Recommended Approval. visors: 02/11/04 �lg✓�'�r�c° a ����� �v�o(� </�PPi� u `� 1 I rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP formance) and B2 (Business General). Specifically, this application requests the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business acres from RA (Rural Areas) to RP (Residential Perfonnance), and 16.95 acres from ;neral) without proffers to B2 (Business General) with proffers. 'he subject site is located in the Kernstown area, east of the southern terminus of Route jacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). L DISTRICT: Shawnee JMBERS:75-A-89,75-A-89A,75-A-90,75-A-91,75-A-92, 75-A-94, 75-A-95, 75-A-96 ONING&PRESENT USE: .oral Areas (RA), 557.42 acres Use: UndevelopedNacant iusiness General (132), 16.95 acres ROPERTY ZONING AND PRESENT USE: ZONED: RA (Rural Areas) Use(s): Residential and Agricultural ZONED: RP (Residential Performance) Use: Residential (Lakeside Subdivision) ZONED: RA (Rural Areas) ZONED: M1 (Light Industrial) B2 (Business General) B3 (Industrial Transition) Use(s): Residential and Agricultural Use(s): Commercial, Industrial & Utility '5E: Mixed use development consisting of 1,578 dwelling units and 960,000 square feet and uses with nine acres dedicated for govermnent services. The project is proffered REZ #13-03, Crosspointe Center Page 2 February 2, 2004 to develop in three (3) phases, each of which will consist of both residential and commercial uses, with occupancy preceded by completion of phased transportation improvements. The applicant has proposed to serve the development with a multi -modal transportation system oriented on the following principal road improvements: (1) the realignment and extension of Tasker Road (Route 622), (2) the construction of Warrior Drive from the southeast project boundary to the northern project limits, and (3) the construction of Crosspointe Boulevard, which will bisect the project from west to east, extending from the southern terminus of Route 37 to the eastern project boundary. A network of pedestrian and bicycle trails and a public trail along the Opequon Creek corridor are also proffered. The gross residential density proposed for Crosspointe Center at project build out is 2.75 dwelling units per acre. REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see the attached letter dated October 24, 2003, signed by Jerry A. Copp, Transportation Resident Engineer. Fire Marshal: Please see the attached comment sheet dated September 22, 2003 from Timothy L. Welsh, Assistant Fire Marshal. Stephens City Fire Co., Inc.: Please see the attached comment sheet dated October 21, 2003 from Gregory L. Locke, Fire and Rescue Chief. Count,} Engineer: Please seethe attached letter dated October 23, 2003 from Harvey E. Strawsnyder, Jr., P.E., County Engineer. Frederick -Winchester Service Authority: Please seethe attached memorandum dated September 25, 2003 from Jesse W. Moffett, Executive Director. Sanitation Authority: No comment. Historic Resources Advisory Board: Please see attached letter dated September 29, 2003 from Rebecca A. Ragsdale, Planner I. Parks & Recreation: The proposed proffer for Parks and Recreation appears to be consistent with the proffer model and with the net impact this development will have on the demands for recreational activities created by the development. This department needs to see more information pertaining to the required recreational amenities, open space, and the pedestrian/bikeway discussed in the project summary. Frederick County Public Schools: Please see attached letter dated October 16, 2003 from Al Orndorff, Administrative Assistant to the Superintendent. County Attorney: Proffers appear to be in proper form. REZ #13-03, Crosspointe Center Page 3 February 2, 2004 Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airports. Planning & Zoning_ 1) Site History The original Frederick County zoning map (U. S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned R-2 (Residential, Limited) and R-3 (Residential, General). The subject parcels were remapped to the A-2 (Agricultural, General) District via the county -wide downzoning adopted on October 8, 1980. A portion of parcel 75-A-89 totaling approximately 17 acres was rezoned from A-2 to B2 (Business General) through approval of rezoning application # 003-88 of SHIHO, Inc. on March 9, 1988. No proffers were included with this rezoning. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Polices Land Use The parcels comprising this rezoning application are located within the boundaries of the South Frederick Land Use Plan (SFLUP) and are described as being within the SFLUP Central Area. The 574.37 acres subject to this rezoning petition are located wholly within the Urban Development Area (UDA). The SFLUP designates the project site for mixed use and residential land uses, respectively. The residential designation applies to the portion of the site adjacent and north of Lakeside Subdivision and extends northward to the planned path of Route 37 extended, as shown on the adopted SFLUP map. The residential designation is intended to complement and expand the suburban residential land use pattern already established south of the site. The mixed use designation applies to the remainder of the site located north of the planned path of Route 37 extended. The SFLUP describes the mixed use designation as consisting of both residential and commercial components, with the limitation that residential uses are not to exceed 75% of the mixed use land area. The SFLUP further identifies the mixed use concept as a means of promoting an alternative land use pattern that integrates land uses, allowing for internal service and employment uses accessible via inter -modal transportation systems, with public open space areas connecting various neighborhoods. (Comprehensive Policy Plan, p. 6- 42.3 - 6-42.4, 6-42.9) Transportation The SFLUP articulates the major transportation improvements planned within the study area as REZ #13-03, Crosspointe Center Page 4 February 2, 2004 envisioned by the Winchester Area Transportation Study (WATS) and the County's Eastern Road Plan. (Comprehensive Policy Plan, p. 6-42.5, 6-42.9) Such improvements are essential to accommodating local and regional traffic at acceptable level of service (LOS) conditions throughout the study area. Several identified improvements are planned to occur within the project site, which may be described as follows: (1) Realignment and Extension of Tasker Road (Route 642) - planned to extend across site and intersect with Warrior Drive within project; (2) Extension of Route 37 - planned to extend from southern tenninus at I-81 to eastern project boundary; (3) Extension of Warrior Drive - planned to extend through eastern portion of site following a general north - south alignment; ultimate location and design must enable connectivity with sections of road to be constructed via adjoining developments. The SFLUP further encourages the establishment of a multi -modal transportation system through the inclusion of extensive bicycle and pedestrian facilities within a mixed use development. Such facilities should connect the residential and commercial components of the community and enable pedestrian access to open space areas and other public amenities. Indeed, attainment of a truly "walkable" community is a principal objective and benefit of mixed use development. (Comprehensive Policy Plan, p. 6-42.6) The infrastructure policies of the SFLUP identify design objectives for transportation improvements within the study area. Notably, major roads should be designed with boulevard - style treatments, such as raised and landscaped medians, open space buffers adjacent to rights - of -way that include ornamental landscaping, and boulevard entrances into commercial and residential land bays. Moreover, commercial entrances are expected to be limited along the rights -of -way of major collector and arterial roadways within the study area. (Comprehensive Policy Plan, p. 6-42.6) Pursuant to the general transportation policies of the Comprehensive Policy Plan, roads located adjacent to and within new development are expected to operate at no less than a Level of Service Category "C." (Comprehensive Policy Plan, p. 7-5) Planning StaffAnalysis and Comment Comprehensive Plan Conformance: The rezoning proposal offered by the applicant is consistent with the applicable land use and transportation policies of the Comprehensive Policy Plan, and, in particular, the South Frederick Land Use Plan (SFLUP). Land Use: Although Crosspointe Center is considered to be a mixed use project that will develop in a REZ #13-03, Crosspointe Center Page 5 February 2, 2004 unified manner, the configuration of land uses proffered by the applicant corresponds with the multiple planned land use designations applicable to the site. Indeed, the applicant has proposed that the commercially zoned areas of the project be limited to the portion 'of the site designated for mixed use, which would also include adjoining areas of residential zoning. The applicant has further proposed to focus residential uses in the southern portion of the project in accord with the residential designation. (See Generalized Development Plan, dated October 2003) The development program proffered by the applicant would enable a maximum of 1,578 dwelling units and 960,000 square feet of commercial floor area. To ensure that a variety of housing types are available within Crosspointe Center, the applicant has proffered that no more than 1,042 (66%) of the total permitted dwelling units will be developed as single family detached housing types. Pursuant to the requirements of the Zoning Ordinance, multi -family housing (defined as housing for two or more families, to include duplexes and townhomes) shall comprise a maximum of 40% of a given RP zoned development. Therefore, a minimum of 947 units will be developed as single family detached housing, with a maximum of 631 units possible as some foini of multi -family housing. It is noted that the applicant has proffered to exclude rental garden apartments from Crosspointe Center. All other housing types permitted in the RP District, to include non -rental multi -family housing or garden apartments, will be allowed to develop within the project subject to applicable perforinance standards. Enforcement of the rental restriction will be the sole responsibility of the applicant and the homeowner's association(s) established for the residential components of Crosspointe Center. Indeed, the County is neither equipped nor empowered to control private real estate transactions. Crosspointe Center will develop in three phases defined by the Proposed Proffer Statement, each of which includes a minimum amount of commercial development to accompany a maximum number of residential units. This proffered phasing plan will ensure that commercial and residential land uses develop simultaneously throughout the development cycle of Crosspointe Center, which is a notable commitment by the applicant that has no precedent in Frederick County's development history. The proffered phasing program for land uses may be summarized as follows: Phase 1: Commercial: Minimum of 210,000 square feet of gross leaseable floor area. (shall be completed prior to commencement of Phase 2 residential) Residential: Maximum of 616 dwelling units, to include 100 age restricted. Phase 2: Commercial: Minimum of 390,000 square feet total gross leaseable floor area. (additional 180,000 square feet developed during this phase; shall be completed prior to commencement of Phase 3 residential) Residential: Maximum of 513 dwelling units, to include 100 age restricted. 0 0 REZ #13-03, Crosspointe Center Page 6 February 2, 2004 Phase 3: Commercial: Phase 2 minimum commercial development shall be completed, which, as noted above, will yield 390,000 square feet of total gross leaseable floor area. This minimum floor area shall be completed prior to commencement of Phase 3 residential development. Commercial development will continue until maximum proffered floor area of 960,000 square feet is reached. Residential: Remainder of residential program to be developed, consisting of a maximum of 449 dwelling units. It is noted that commercial development may proceed ahead of residential development into subsequent project phases. However, under no circumstance would residential development be permitted to proceed into subsequent phases without completion of the corresponding commercial floor area specified by proffer. The residential component of the development at build out will account for approximately 66% of the total project land area, which conforms to the SFLUP policy that calls for residential uses to comprise no more than 75% of a mixed use project. The phasing program proposed by the applicant maintains a land use balance consistent with this policy objective throughout the Crosspointe Center development cycle. Transportation: The transportation program proffered by the applicant includes improvements and design treatments that are generally consistent with the infrastructure policies of the SFLUP. The applicant has proffered to complete the transportation improvements for Crosspointe Center in three phases generally coincident with the land use phases described above. All improvements associated with a given transportation phase are proffered to be fully constructed prior to the issuance of the first certificate of occupancy for the corresponding land use phase. The proposed transportation phasing schedule therefore ensures that the infrastructure necessary to accommodate projected traffic demand will precede the commencement of planned uses in each phase of Crosspointe Center. The proffered transportation program for Crosspointe Center is oriented on three principal components involving construction of roads that are identified by the SFLUP as planned transportation improvements. In particular, the applicant has proffered to realign and extend Tasker Road (Route 642) across the project to form an intersection with Warrior Drive, which is also proffered to be constructed in a north - south direction within the eastern portion of the project. Both Tasker Road and Warrior Drive are planned to be constructed as major collector roads within the project boundaries. Commercial access will be limited on each road, with four entrances permitted from Tasker Road and only one entrance allowed from Warrior Drive. The third principal component of the proffered transportation program is the construction of a roadway extending from the current terminus of Route 37 to the eastern project boundary. The SFLUP identifies this improvement as Route 37 Extended, consistent with the regional REZ #13-03, Crosspointe Center Page 7 February 2, 2004 transportation program articulated by the WATS and Easter Road Plan. Despite the absence of the extension of Route 37 from the VDOT Six Year Improvement Plan, it is recognized that the effective management of transportation impacts within the SFLUP study area is largely dependant upon the availability of this critical east - west route. The applicant has therefore included this improvement in the form of proposed Crosspointe Boulevard, which will be the cornerstone of the transportation program for Crosspointe Center. The applicant has proffered to construct Crosspointe Boulevard in the planned path of the Route 37 extension as a four -lane urban thoroughfare. The initial section of Crosspointe Boulevard will be constructed as a Phase 1 improvement, extending approximately 1,100 feet east from the current terminus of Route 37 to form an intersection with realigned Tasker Road. Prior to the occupancy of Phase 2 land uses, Crosspointe Boulevard will be extended east across the site as a two lane collector road to form an intersection with Warrior Drive. The road will ultimately be expanded to four lanes and continued to the eastern limits of the project during the final phase of development. The applicant has further proffered to dedicate the right-of-way necessary to expand Crosspointe Boulevard from a collector to a major arterial roadway in the event the Route 37 extension is returned to the six year plan in the future. The land located within this surplus right-of-way is proffered to be maintained as open space. In addition to the three major road improvements, the applicant's transportation program includes additional facilities and design elements that implement policy objectives of the SFLUP. The applicant has proffered to develop a system of bicycle and pedestrian trails to provide multi -modal transportation opportunities throughout the project, the general location of which is depicted on the proffered Generalized Development Plan (GDP). The applicant has also proffered to design Tasker Road and Warrior Drive to achieve a boulevard style appearance. Specifically, these roadways will include raised landscaped medians as well as 35- foot wide landscaped buffer areas adjacent to each side of their respective rights -of -way. The applicant has included an illustrative with the proffered GDP, titled the "Park, Trail and Buffer Exhibit" (dated October 20, 2003), to guide corridor design along Tasker Road and Warrior Drive. 3) Site Suitability/Environmental Features No conditions exist on the subject site that would preclude or significantly limit development. The following environmental features have been identified on the project site: A. Flood Plain: The project site contains approximately 69 acres in identified areas of flood plain, all of which is coincident with the Hoge Run and Opequon Creek corridors, respectively. Both Hoge Run and Opequon Creek are perennial streams. Disturbance of flood plains is strictly limited pursuant to the provisions of Article XV of the Frederick County Zoning Ordinance, which will be administered during subsequent phases of the development review process. [Frederick County Zoning Ordinance, § I65-31.B. (1)] 9 0 REZ #13-03, Crosspointe Center Page 8 February 2, 2004 B. Wetlands/Water Impoundments: A wetland classified as a water impoundment area is located on the project site. The Zoning Ordinance prohibits the disturbance of lakes, ponds, and/or water impoundment areas. A property owner or developer may seek approval from the Zoning Administrator to disturb such water features if it is determined that the feature in question serves no useful "retention, environmental, or recreational purposes." The applicant is encouraged to incorporate any existing water features located on the site into the design plan for Crosspointe Center. [Frederick County Zoning Ordinance, § 165-31.B. (2)] C. Soils and Steep Slopes: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert- Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. Steep slopes (land areas of 50% slope or greater) are located within the northern and southern portions of the site, generally coincident with the ravines and drainage ways associated with Hoge Run and Opequon Creek, respectively. The applicant has proffered the establishment of stream preservation buffers along both of these peremlial water features, which are intended to minimize disturbance of steep slope areas located on the site and fiirther protect stream resources. The applicant has acknowledged that some disturbance of steep slopes will be necessary to accominodate sanitaiy sewer facilities, public trail systems, and the proffered transportation program. The Zoning Ordinance stipulates that no more than 25% of steep slopes shall be disturbed or regraded. The management of steep slopes pursuant to this disturbance limitation will be addressed through subsequent site engineering activities. [Frederick County Zoning Ordinance, § 165-31.B. (6)] 4) Potential Impacts A. Transportation Impact Analysis Statement: The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development assumptions: • Residential: 1,590 dwelling units • Retail: 750,000 square feet • Office: 190,000 square feet REZ #13-03, Crosspointe Center Page 9 February 2, 2004 Using traffic generation figures from the I.T.E. Trip Generation Manual, 6°i Edition, the applicant projects traffic impacts for the development in terms of three phases that correspond with years 2006, 2009, and 2012, respectively. For the purposes of the TIA, 2012 represents the year in which project build out will occur. The TIA indicates that at project build out, the planned uses will result in the generation of 27,5 02 new average daily trips (ADT). (See "A Phased Traffic Impact Analysis of Crosspointe Center, " p. 7, 15, & 23) The total new ADT generated by the development is projected by phase as follows: • Phase I (Year 2006): 13,905 ADT • Phase H (Year 2009): 19,130 ADT • Phase III (Year 2012): 27,502 ADT The external road network projected to absorb the new trips generated by Crosspointe Center consists of Tasker Road (Route 642), Interstate 81, and Route 37. The TIA indicates that these roadways currently function at desirable level of service conditions. However, the intersection of Route 37 and the northbound Interstate 81 on and off ramps are projected to function at Level of Service Category "B" and "F" conditions by year 2006 due to background traffic growth, indicating a failing intersection. Background traffic is that future traffic which is not generated by the proposed development. (See "A Phased Traffic Impact Analysis of Crosspointe Center, "A 3 & 6) The applicant has proffered a series of transportation improvements intended to enhance the existing system and ensure adequate accommodation of projected trips. The improvements proffered by the applicant are graphically depicted on the overall Generalized Development Plan (GDP) as well as on the accompanying phase specific GDP documents, with each improvement labeled to clearly correspond with the text of the Proposed Proffer Statement. The principal improvements proffered by the applicant may be summarized as follows: • Realignment and Extension of Tasker Road (Route 642) - Proffered to extend across site and intersect with Warrior Drive within project; • Extension of Route 37 in the form of Crosspointe Boulevard - Proffered to extend from southern terminus at I-81 to eastern project boundary; • Extension of Warrior Drive - Proffered to be constructed through eastern portion of site following a general north - south alignment; ultimate location and design will facilitate connections with sections of road to be constructed via adjoining developments. 0 Relocation of Northbound Ramps of Interstate 81 hiterchange REZ #13-03, Crosspointe Center Page 10 February 2, 2004 • Construction of an Additional Southbound Lane on Route 11 - Additional lane to be constructed at Route 37/Route 11 interchange between Route 11 ramps to improve access movements. The TIA identified certain improvements as necessary prior to the commencement of project development. The applicant has therefore proffered to complete the following improvements prior to the issuance of the first building permit for Crosspointe Center: • Crosspointe Boulevard will be constructed to extend east from the current terminus of Route 37 approximately 1,100 feet. • Tasker Road (Route 642) will be realigned to intersect with the terminus of the Crosspointe Boulevard extension and will be constructed beyond this intersection as depicted on the proffered Generalized Development Plan (GDP). • Hilandale Road will be realigned and extended. • Northbound Interstate 81 interchange ramps will be relocated. Prior to ramp relocation, the applicant shall secure necessary design approvals from the Federal Highway Administration (FHWA) and the Virginia Department of Transportation (VDOT) and obtain the funding necessary to complete the approved work plan. The applicant has proffered to phase implementation of the remainder of the transportation program pursuant to land use benchmarks. As noted in the preceding transportation policy analysis, each phase of transportation improvements corresponds with one of three proffered land use phases consisting of both residential and commercial components. All improvements associated with a given transportation phase will be completed prior to the issuance of the first certificate of occupancy for the corresponding land use phase. The TIA concludes that the improvements proffered by the applicant will ensure Level of Service (LOS) Category "C" conditions or better on study area roads throughout the development process. However, with the conclusion of Phase III, at project build out, several study area intersections are projected to function at LOS Category "D" during peak traffic conditions, most notably at the relocated intersection of Tasker- Road and Crosspointe Boulevard and at the Interstate 81 northbound off ramp intersection. (See "A Phased Traffic Impact Analysis of Crosspointe Center, " p. 11, 19, & 27). VDOT Comment The proposed rezoning will have a "significant measurable impact" on Interstate 81 and REZ #13-03, Crosspointe Center Page 11 February 2, 2004 Routes 37 and 642, respectively. It is noted that certain intersections will experience a decline in Level of Service (LOS) conditions at project build -out, although Level of Service Category "C" will be maintained throughout the overall road network serving the site. The applicant is encouraged to strive to improve each intersection to the desirable Level of Service "C." However, VDOT is satisfied that the proffered transportation improvements appear to address all transportation impacts attributable to the proposed development. (See attached letter dated 10124103 from Jerry A. Copp, Transportation Resident Engineer, VDOT Edinburg Residency) Planning Staff Comment The transportation policies of the Comprehensive Policy Plan stipulate that new development should only occur if impacted road systems will function at Level of Service (LOS) Category "C" or better. The transportation program proffered by the applicant achieves the functional standards established by policy until the latter stages of development, when the combined effect of background traffic growth and new vehicle trips originating from the proposed proj ect yield diminished levels of service at certain study area intersections. Despite these intersection -specific declines, the overall condition of the study area road system is projected to maintain LOS Category "C" as desired by policy. B. Historic Resources Impact Analysis Statement: The applicant accurately reports the presence of several resources on the subject site that are included in the Frederick County Rural Landmarks Survey. Of particular note is Hilandale House (#34-126), which is an architectural resource that was built in several stages beginning in the eighteenth century. It is noted that Hilandale House has been deemed eligible for listing on the National Register of Historic Places (NRHP). Also located on the site are Carysbrook (#34-319) and the Carysbrook Redoubt (#34-320). Hilandale House was occupied during the Civil War as part of Camp Russell, a union encampment constructed during the winter of 1864 as part of General Sheridan's Valley Campaign. A remnant of this encampment is a circular earthwork that is identified as the Hilandale Earthworks (#34-321) in the Frederick County Rural Landmarks Survey. This earthwork is recognized as a rare enduring example of a Civil War fortification in the Winchester area. During preparation of the Final Environmental Impact Statement (FEIS) for Route 37, a thorough archeological investigation of the Camp Russell area was conducted due to the likelihood that the road would impact the site. The results of this study yielded a recommendation to form a Camp Russell Historic District, of which both Hilandale House and the Hilandale Earthworks are deemed to be "contributing elements." REZ #13-03, Crosspointe Center Page 12 February 2, 2004 Through a Memorandum of Understanding (MOU) between the Federal Highway Administration (FHWA) and the State Historic Preservation Officer (SHPO), it was agreed that FHWA would consult with VDOT to develop landscaping plans to reduce the visual impact ofroad construction on Hilandale House. Additionally, FHWA agreed to cooperate to develop and implement mitigation plans to address the potential impacts of road construction on the Hilandale Earthworks. Although the MOU contemplates only the impacts of road improvements on the subject resources, the applicant has suggested that they will comply with the provisions of the agreement to ensure mitigation of impacts that may result due to land use. The applicant has proffered to establish three preservation parks within Crosspointe Center around Hilandale House, the Camp Russell encampment area, and the Carysbrook Redoubt, respectively. The Hilandale House itself will be preserved within the proffered five -acre preservation park, and may be adaptively reused as deemed appropriate by the applicant. The Camp Russell preservation park will consist of ten acres and the Carysbrook Redoubt park will be comprised of two acres. The three preservation parks will be accessible to the public via the proffered pedestrian trail system. (See Generalized Development Plan - Park, Trail, and Buffer Exhibit, dated October 2003) It is noted that there are no core battlefield resources located on the subject site. C. Sewer and Water Impact Analysis Statement: At full build -out, the proposed development will consume approximately 634,550 gallons per day (GPD) of water and generate an average daily sewage flow of 494,000 GPD. The applicant is indicating that water service for the project will originate from the Diehl Water Plan via the 20 inch primary distribution main that traverses the site. Moreover, the applicant reports that additional supply is available through the one-half million gallon elevated water storage tank located adjacent to the site. All water infrastructure is proffered to be designed and implemented according to Frederick County Sanitation Authority (FCSA) requirements. Sewage will be conveyed to the Parkins Mill Wastewater Treatment Plant via the existing 18 inch gravity interceptor line located in the Hoge Run watershed. This conveyance scheme will be used to accommodate the flow requirements of Phases 1 and 2 of Crosspointe Center. The applicant indicates that the Opequon trunk main planned for installation during Phase 2 will be designed to adequately manage the impacts of additional uses. All sewer infrastructure is proffered to be designed and implemented according to FCSA requirements. 7) Proffer Statement 1. Land Use: 0 REZ #13-03, Crosspointe Center Page 13 February 2, 2004 (Proposed Proffer Statement, p. 2) • The development program for Crosspointe Center is proffered to consist of no more than 960,000 square feet of commercial floor area and 1,578 dwelling units, of which 200 will be age -restricted. The applicant has further proffered that no rental garden apartments will be permitted in the project and the maximum number of single family detached units will not exceed 1,042. The rate of residential development is not specified by proffer. • Implementation Note: As noted previously in this staff report, implementation and enforcement of the restriction on rental garden apartments will be the sole responsibility of the applicant and/or the homeowner's association(s) established for the residential components of Crosspointe Center. 2. Conditions Precedent to the Issuance of Permits and Plan Approvals: (Proposed Proffer Statement, p. 2 - 3) • The development program for Crosspointe Center is proffered to occur in three phases, each of which includes a minimum amount of commercial development to accompany a maximum number of residential units. The residential program of the development will not be permitted to proceed into subsequent phases unless minimum commercial floor area thresholds have been reached. This proffered phasing plan will ensure that commercial and residential land uses develop simultaneously throughout the development cycle of Crosspointe Center. 3. Architecture, Signage, and Landscaping: (Proposed Proffer Statement, p. 3 - 4) • The applicant has proffered that standard concrete masonry block will not be permitted to be used in the front facade of any building. Moreover, the applicant has proffered that one or more architectural review boards will be established to enforce a unified development program for Crosspointe Center. As described by proffer, such a program will promote the use of compatible architectural styles and treatments for all buildings and signage within the project. • A comprehensive sign plan will be prepared for the project to accompany submission of the Master Development Plan. No minimum dimensional or design standards have been proffered by the applicant to guide future preparation of the comprehensive sign plan. • Tasker Road and Warrior Drive will include corridor buffer areas located adjacent to either side of their respective rights -of -way. The buffers are proffered to be 35 feet in width and will contain landscape and lighting features intended to create a "boulevard" style design. No such design treatments are proffered for Crosspointe Boulevard. REZ #13-03, Crosspointe Center Page 14 February 2, 2004 4. Pedestrian Trail System and Recreation Areas: (Proposed Proffer Statement, p. 4) The applicant has proffered to design and build a public bicycle and pedestrian trail that will link residential and commercial areas throughout Crosspointe Center. The general location of the trail system is to be consistent with the "Park, Trail, and Buffer Exhibit" of the Generalized Development Plan. The proffer stipulates that the trail will be 10 feet in width and constructed to meet the standards of the Frederick County Parks and Recreation Department. However, the surface treatment for the planned trail system is not specified. 5. Fire & Rescue: (Proposed Proffer Statement, p. 4) • The applicant has proffered to contribute $250.00 per dwelling unit to Frederick County for fire and rescue purposes. This contribution will be paid at issuance of the building permit for each said unit. • The applicant has proffered to contribute a total of $300,000.00 to the Stephens City Volunteer Fire Department. This contribution will be paid in three installments of $100,000.00 at issuance of the first building permit for each development phase. • Implementation Note: The direct contribution of funds to a volunteer fire company is not enforceable by Frederick County and will occur as a private transaction between the applicant and Stephens City Volunteer Fire Department. 6. Schools: (Proposed Proffer Statement, p. 4) • The applicant has proffered to contribute $3,000.00 per dwelling unit to Frederick County for public school purposes. This contribution will be paid at issuance of the building permit for each said unit. The public school contribution will not apply to age -restricted units. 7. Parks & Open Space: (Proposed Proffer Statement, p. 4) • The applicant has proffered to contribute $500.00 per dwelling unit to Frederick County for recreational purposes. This contribution will be paid at issuance of the building permit for each said unit. 8. Libraries: (Proposed Proffer Statement, p. 4) • The applicant has proffered to contribute $100.00 per dwelling unit to Frederick County for library purposes. This contribution will be paid at issuance of the r: 0 REZ #13-03, Crosspointe Center Page 15 February 2, 2004 building permit for each said unit. 9. Sheriffs Office: (Proposed Proffer Statement, p. 4) • The applicant has proffered to contribute $5,000.00 to Frederick County for the Sheriff's Office. This contribution will be paid at issuance of the first building permit for the development. 10. Administration Building: (Proposed Proffer Statement, p. S) • The applicant has proffered to contribute $5,000.00 to Frederick County to be used for construction of a general governmental administration building. This contribution will be paid at issuance of the first building permit for the development. 11. Creation of Homeowner's and Property Owner's Association: (Proposed Proffer Statement, p. S - 6) • The applicant has included language in the proffer statement outlining the responsibilities of the homeowner's and property owner's associations in Crosspointe Center. Such responsibilities include, but are not limited to, assuring compliance with design guidelines for building and signage, maintaining common open space and buffer areas, and coordinating private refuse collection. 12. Water & Sewer: (Proposed Proffer Statement, p. 6) • The applicant has proffered to connect the project to public water and sewer facilities and to construct all facilities necessary for such connection. Additionally, the applicant proffers to construct all water and sewer infrastructure in accordance with Frederick County Sanitation Authority (FCSA) requirements. 13. Environment: (Proposed Proffer Statement, p. 6) • The applicant has proffered to establish stream preservation buffers to enhance protection of Hoge Run and Opequon Creek from disturbance. The dimensions of these buffer areas are not specified by proffer, and are to be implemented according to their general depictions on the "Park, Trail, and Buffer Exhibit" of the Generalized Development Plan. 14. Transportation: (Proposed Proffer Statement, p. 6 - 9) REZ #13-03, Crosspointe Center Page 16 February 2, 2004 The applicant has proffered to complete the transportation improvements for Crosspointe Center in three phases generally coincident with the project's land use phases. All improvements associated with a given transportation phase are proffered to be fully constructed prior to the issuance of the first certificate of occupancy for the corresponding land use phase. The principal components of the proffered transportation program are three major roads that the applicant will construct through the project site. The improvements are described as follows: (1) realignment and extension of Tasker Road (Route 642), (2) construction of Crosspointe Boulevard fiom the tenninus of Route 37 to the eastern project boundary, and (3) construction of Warrior Drive through the eastern portion of the site in a generally north -south alignment. Other improvements proffered by the applicant include the relocation of the Interstate 81 interchange northbound ramps (on and off), realignment of Hilandale Road, and the addition of a southbound lane on Route 11 within the Route 37/Route 11 interchange area. 15. Cultural Resources Investigation and Preservation: (Proposed Proffer Statement, p. 9 - 10) • The applicant has proffered to preserve Hilandale House, which may be adaptively reused as deemed appropriate by the applicant. Moreover, a five acre preservation park will be established immediately surrounding the house. The general location of the preservation park is depicted on the "Park, Trail, and Buffer Exhibit" of the Generalized Development Plan. • The applicant has proffered to establish a ten acre preservation park immediately surrounding the Civil War encampment area known as Camp Russell. The general location of the preservation park is depicted on the "Park, Trail, and Buffer Exhibit" of the Generalized Development Plan. • The applicant has proffered to establish a two acre preservation park surrounding the Carysbrook Redoubt. The general location of the preservation park is depicted on the "Park, Trail, and Buffer Exhibit" of the Generalized Development Plan. • A Phase I Archaeological Study will be conducted on any portion of the project site not previously inventoried through the Route 37 Final Environmental Impact Study (FEIS). The applicant has further proffered that Virginia Department of Historic Resources guidelines will be utilized to further investigate any archaeological features identified on the site through the Phase I study. 16. Dedication of Area for Government Services: (Proposed Proffer Statement, p. 10) • The applicant has proffered to dedicate approximately nine acres to Frederick County for the construction of a government facility in a location mutually agreeable to the County and applicant. The applicant will dedicate this land within thirty (30) days of the County requesting conveyance in writing. The proffered land dedication REZ #13-03, Crosspointe Center Page 17 February 2, 2004 includes a caveat prohibiting the use of the site for a "motor pool maintenance facility or impoundment yard or similar uses." All other government service uses will be permitted to locate on the dedicated acreage The applicant has proffered to dedicate the land for government services within three (3) year of the date of rezoning approval. The County is provided the opportunity to extended the time frame for dedication by two (2) years, which, if requested, would enable the County to delay construction of a government services facility in the project for up to five (5) years from the date of rezoning approval. In the event that the County does not formally requested dedication within this time frame, the applicant reserves the option to pay to the County the sum of $200,000 in lieu of the proffered land dedication. 17. Escalator Clause: (Proposed Proffer Statement, p. 10) • Any proffered monetary contribution not paid to Frederick County within thirty (30) months of rezoning approval will be adjusted to reflect the Urban Consumer Price Index (CPI-U) published by the U.S. Department of Labor. At the time such contributions are paid, they will be adjusted by the percentage change in the CPI-U measured from the date twenty four (24) months following rezoning approval to the date the contributions are paid. PLANNING COMMISSION SUMMARY & ACTION OF THE 11/19/03 MEETING: During the public comment portion of the public hearing, two individuals spoke in favor of the proposed rezoning and one spoke in disfavor. The citizen who spoke in disfavor was concerned about increased traffic impacts to the intersection of Tasker Road and Chinkapin and impacts to the school system. The two individuals who spoke in favor included a representative from the Top of Virginia Building Association, who believed the project will not only have a significant positive impact on the local building community, but would contribute to economic growth. The Top of Virginia spokesperson said that Glaize Developments has a long history of utilizing local builders, suppliers, and others within the community who work within the building industry and the majority of tax dollars produced by Crosspointe Center will stay within the community. The other individual who spoke supported planned developments, such as the one proposed, and believed the commercial and retail development proposed would benefit the County with both tax dollars, employment, and influx of dollars from surrounding communities. Several members of the applicant's project team spoke at the public hearing and highlights of their presentation included: each phase of development is conditioned upon the construction of major road improvements to be completed at the developer's expense; right-of-way dedication is guaranteed by the applicant in order to implement the Eastern Road Plan; the proposed development will contain twice the commercial area required by the impact model to support the residential component; and the applicant has committed to protect and preserve developmentally -sensitive areas. REZ 913-03, Crosspointe Center Page 18 February 2, 2004 Commissioners asked the VDOT representative if the proposed transportation plan enhanced the capacity of the County's transportation network to accommodate fixture growth in the South Frederick area, regardless of whether Rt. 37 was ultimately constructed. It was the opinion of VDOT that the construction of Warrior Drive from Rt. 277 through the site, coupled with the proposed Crosspointe Boulevard and the realignment and extension of Tasker Road would be a positive for the County, regardless of the status of Route 37. VDOT believed that should Route 37 materialize as a limited access arterial roadway, the developer has made commitments that will effectively lay the foundation for such an upgrade to occur. Numerous Commissioners commented that this was one of the most comprehensive and well -designed plans that has been presented to the County. In particular, the proposed transportation program for Crosspointe Center was praised due to its inclusion of improvements that will implement many of the transportation goals enumerated in the South Frederick Land Use Plan (SFLUP). Moreover, it was noted that the extensiveness of the transportation program would provide the synergy necessary for land development to occur consistent with the vision for the South Frederick study area. Some Commissioners stated that they anticipated the regional commercial center envisioned with this mixed -use development would substantially benefit County residents from a tax base standpoint. Other Connnissioners expressed concern regarding the impact of the residential component of the project on schools as the proposal does not provide for a school site. It was further noted that additional consideration should be given to the project's impact on historic resources and environmentally sensitive areas, and that appropriate Federal and State agencies should be consulted regarding the protection of these resources. The Commission recommended approval of the rezoning by the following majority vote: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour (Commissioner Rosenberry was absent from the meeting.) STAFF CONCLUSIONS FOR THE 02/11/04 BOARD OF SUPERVISORS MEETING: This application is a request to rezone 574.37 acres of land to the RP and B2 Districts to facilitate development of a mixed use community consisting of 1,578 dwelling units and 960,000 square feet of commercial uses. The Comprehensive Policy Plan articulates the planned land use of the subject parcels through the policies of the South Frederick Land Use Plan (SFLUP). The SFLUP designates the subject parcels for mixed use and residential development, respectively. As described in this staff report, the development program proposed through the requested rezoning is consistent with the adopted policies of the Comprehensive Policy Plan. Following the requisite public hearing, a decision by the Board of Supervisors concealing this application would be appropriate. OUTPUT MODULE APPLICANT: Crosspointe Center - Build Out Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For I REAL EST VAL $252,355,810 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 11 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $1,673,559 $0 $0 $1,673,559 $1,061 Elementary Schools $6,470,448 Middle Schools $3,858,974 $1,053,174 $5,112,507 $6,165,681 ---- $6,165,681 $9,559,971 $6,058 High Schools $5,396,231 Parks and Recreation $2,316,586 $522,082 $522,082 $522,082 — $1,794,505 $1,137 Public Library $402,735 $112,635 $112,635 $112,635 $290,101 $184 Sheriffs Offices $238,356 $243,933 $0 $48,682 $0 $292,616 $0 $292,616 $0 $0 $0 I $305,890 $194 Administration Building $305,890 Other Miscellaneous Facilities $390,248 $488,750 $539,610 $1,028,360 $1,028,360 $0 $0 SUBTOTAL $21,053,027 $1,785,858 $5,652,117 $683,399 $8,121,374 $8,121,374 $12,931,653 $8,195 $1f 8.467) LESS: NET FISCAL IMPACT $29,141,122 $29,141,122 $29,141,122 ($29,141,122) NET CAP. FACILITIES IMPACT 0 0 I INDEX: "1.0" If Cap. Equip Included 1.0 I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 I METHODOLOGY: _ 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. -------- ------- ----- ------------------ ------ ----- ------- ------ ------- -------------- ------ ---------- --- ---------------------- ---- ----- - -------- ---------------- ----- --- NOTES: Model Run Date 10/15/03 CMM Project Description: Crosspointe Center Build -Out (completion of three phasesl,ssumes 860,000 s.f. retail/general commercial, 100,000 s.f. office, 1,242 single family dwellings (mixed lot types; includes 200 SF small lot/age-restricted), and 336 townhouse units on 574.37 acres zoned RP (381.8 acres/66% project total; overall project density: 2.75 du/acre) and B2 (192.57 acres; 62 FAR: 0.11). I I I I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date. I I I I I I I I I 2.00:. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o Chuck Maddox 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Glaize Developments, Inc. Address: P.O. Box 888 Winchester, VA 22604 3. Contact person if other than above Name: Chuck Maddox Telephone: 662-7980 Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 0 • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Fred L. Glaize, III 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant Commercial & Residential ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends 2 Information to be Submitted for Capital Facilities Impact Model In order for the Plaruling 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 plamiing staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number -75 _A ����, �i�', ��a, �� `12- j iy, qs , Districts Magisterial: Fire Service: Rescue Service: Shawnee Stephens City Stephens City High School: Middle School Elementary School Sherando James Wood & R.E. Aylor Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning ZoninR Requested 16.95 B2 No Change 175.62 RA B2 381.80 RA RP 574.37 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 1242 Townhome 336 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Square Footage of Proposed Uses Office 100,000 SF Service Station Retail 750,000 SF Manufacturing Restaurant Warehouse Other 3 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of- way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s)° GLAIZE .DEVELOPMENTS NC* Owner(s) ,Fred L. Glaize, III, Vice President Date /D Z5j—+h.3 Date Date d c y ;70 Date Crosspointe Center EM 75-A-99A 75-A-93 76-A-13 63-A-116 63-2-B 63-2-C 75-4-1 75-4-2 75-A-87A 75-1-A 75-A-87B 75-A-84 75-A-97 64-A-24 75G-7-6-194 75G-4-4B-59 75G-4-4B-60 Name Wine. Artri UP Partnership11501 Paul M. Haldeman, Jr W.F. Artri Jr. p John C & Frances L Russell, Jr Hammon Investment Co., Inc. Commonwealth of VA Brubaker Enter rises, LTD Shiho, Inc. Jose h & Judith Stossel Fred. Co. Sanitation Authority Ronald Norwood Heath Cor_enDail Steve Dubrueler Paul M Haldeman, Jr Lakeside HomeownersStephens0 Assoc. JeffreyWarren Rodnev & Suzanne Tnrn Address Huff Court, N. Bethesda, MD 20895 P.O. Box 2751, Winchester, VA 22604 1726 Front Royal Pike, Winchester, VA 22602 285 Caldwell Lane, Winchester, VA 22602 931 Pinto Circle, Nohomis, FL 34275 P.O: Box 67, Richmond, VA 23218 3407 Cedar Creek Grade, Winchester, VA 22602 P.O, Box 3276, Winchester, VA 22604 176 Pickett Lane, Stephens City, VA 22655 P.O. Box 1877, Winchester, VA 22604 216 Pickett Lane, Stephens City, VA 22655 244 Pickett Lane, Stephens City, VA 22655 346 Saddleback Lane, Winchester, VA 22601 P.O. Box, 2751, Winchester, VA 22604 P.O. Box 746, Ste hens Cit , VA 22655 105 Jade Ct., Stephens City, VA 22655 1 m r.,a r, Use Agricultural Zoning RA Agricultural Agricultural RA RA Agricultural Commercial State Government Commercial Commercial RA Ml RA B2 132 Residential RA B2 Office/Utilit Residential RA RA RA RA RP RP Residential Residential Agricultural en S ace Vacant r7S- -�q 75--,4- 0 -7 5 ? /7 �2-AOss 0- El � � 0 QU) &j L'e-) vab_Y, V A GGVJJ 01L Ere i Vq. CJL1F��� CH �P� G, tU r v acant I RP i COG o Special Limited Power of Attorney a - County of Frederick, Virginia Ill Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Fred L. Glaize III (Phone) (540) 662-2092 (Address) P.O. Box 888, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 896 on Page 1819 , and is described as 89,89A,91 92,90,94,95,96 Parcel: Lot: A )#lock: Section: 7 5 Subdivision: do hereby make, constitute and appoint: Gilbert. W. Clifford & Associates (Chuck Maddox) (Name) PHR&A, John Fopte & Alice Haase (Phone) (540 ) 667-21 39 (Address) 1 1 7 E. Piccadilly St., Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this ag day of e-oberu , 200 3 , Signature(s) State of Virginia, City/C of To -wit: I, C, E . 'Ma( �,\e_ , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this a day of Q)C�M� 2003 . ot,_t� �, In')aA_�_U My Commission Expires: r10,\O-\ Notary Public COUN ' of1 FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 15, 2003 Mr. Charles E. Maddox, Jr. P.E, VP G.W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Preliminary Comments - Crosspointe Center Rezoning Proposal Dear Chuck: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Crosspointe Center rezoning proposal, which were submitted on September 12, 2003. The preliminary application package consists of the following principal components: (1) Impact Analysis Statement, to include A Phased Traffic Impact Analysis of Crosspointe Center, dated September 10, 2003, prepared by Patton Harris Rust & Associates, PC; (2) Proposed Proffer Statement dated August 27, 2003; and (3) Generalized Development Plan (GDP) dated August 12, 2003. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: A. Impact Analysis Statement Please note that the non-residential floor area data provided on the application form does not correspond with the floor area stated in either the impact analysis statement or Proposed Proffer Statement. These figures should be reviewed for accuracy and consistently applied throughout all of the application materials. 2. As noted through previous conversations, the northernmost portion of the proposed rezoning area is located outside of the Urban Development Area (UDA). This acreage is located adjacent and north of Hoge Run and is proposed to be rezoned to the RP (Residential Performance) zoning district, as shown on the Generalized Development Plan (GDP). Pursuant to the land use policies of the Comprehensive Policy Plan, suburban and urban residential land uses are planned to develop within the UDA wherein the public facilities necessary to accommodate more intensive land uses are either available or planned to expand. (Comprehensive Policy Plan, p. 6-1, 6-5, 6-6) 107 North Kent Street • Winchester, Virginia 22601-5000 0 • Page 2 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 The RP zoning district allows suburban and urban residential land uses by right. As such, the proposed rezoning of land to the RP district outside of the UDA is inconsistent with the land use policies of the Comprehensive Policy Plan. To resolve this inconsistency, the applicant should either (1) revise the proposed rezoning boundary to follow the limits of the UDA, coincident with Hoge Run, or (2) pursue expansion of the UDA to incorporate the portion of the site located north of Hoge Run. If the rezoning area boundary is revised, please ensure that all data impacted by this adjustment is modified throughout the various components of the application package. B. Proposed Proffer Statement Land Use 1.2 Residential It is noted that while the maximum number of dwelling units in Crosspointe Center is defined by this proffered condition, there is no limitation concerning the rate of residential development nor is the relationship between the development of residential and non- residential land uses enumerated. The impact analysis statement presents the development program for Crosspointe Center in three distinct phases comprised of both residential and commercial land uses. Implied by such phasing for the purposes of impact assessment is that commercial development will occur simultaneously with residential development, thereby ensuring an effective balance of land uses throughout the development cycle. However, the Proposed Proffer Statement does not provide assurance that the coordinated phasing of residential and commercial land uses will occur. In the absence of a defined phasing plan for the land uses in the Proposed Proffer Statement, it is possible that the residential component of Crosspointe Center could advance at a faster pace than the commercial component, potentially reaching residential build out prior to the commencement of commercial development. Should such a scenario occur, the advantages of the phasing program suggested in the Impact Analysis Statement and assumed by the Fiscal Impact Model would be negated. As described by the South Frederick Land Use Plan (SFLUP), a mixed use area is envisioned to develop with a balance of land uses consisting of both commercial and residential components. Attainment of the desired mix is promoted through control of the residential component, with policy stipulating that residential uses are planned to comprise no more than 75% of the land area of a given mixed use project. There is no policy limitation concerning the amount of commercial land uses in a mixed use project, except that such uses are clearly expected to develop with residential uses in an integrated environment. Page 3 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 (Comprehensive Policy Plan, p. 6-42.4) The majority of the proposed Crosspointe Center site is designated for mixed use development by the SFLUP. Overall, residential uses are proposed to comprise approximately 66% of the total project land area, which is consistent with the mixed use designation. To ensure that a balance of land uses is maintained throughout the development cycle, residential uses should be limited to no more than 75% of the project at any given time. If feasible, it would be appropriate to define the three phases of development delineated in the Impact Analysis Statement within the Proposed Proffer Statement, with the assurance that residential development would proceed incrementally according to the completion of specified thresholds of commercial floor area. The Proposed Proffer Statement specifies that 200 "elderly housing units" will be included in the residential development program of Crosspointe Center. It is recommended that this dwelling unit type be identified more precisely by the corresponding housing type of the RP zoning district, which is presumably single family small lot. The intent of the applicant to limit occupancy of these units to the elderly population may be conveyed by noting in the proffered condition that such housing will be designated to serve the active adult - age restricted market. Please note that Frederick County is not equipped to enforce a proffered condition precluding the development of garden apartment or condominium housing for rental purposes. If such housing is permitted in Crosspointe Center, it is assumed that some units may indeed be available for rent to address market demand. However, multi -family housing is not specified by the rezoning application as a planned housing type in Crosspointe Center and was therefore not included as an assumed land use in the Fiscal Impact Model analysis. Moreover, the proposed proffers expressly identify the residential land uses permitted in Crosspointe Center, which include single family detached dwelling units, townhouse units, and elderly housing units. Thus, multi -family units would not be permitted. It is therefore recommended that the reference to rental garden apartments be either removed from the proposed proffered condition or clarified to indicate that multi -family dwellings are prohibited in Crosspointe Center. 2. Architecture Signage, and Landscaping 3.1 and 3.2 Both of these proffered conditions stipulate that the development of Crosspointe Center will occur in "substantial conformance" with the requirements of the RP and B2 zoning districts, respectively. It is noted that conformance with ordinance requirements should not be • 0 Page 4 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 qualified to suggest that there is a particular level of compliance acceptable to Frederick County other than full and complete. 3.3 The effect of this proffered condition is to communicate that there is no limitation or minimum standard concerning exterior building materials proposed for Crosspointe Center. The proposed proffer language identifies a variety of possible exterior building materials for commercial buildings, but does not offer a commitment to the exclusive use of said materials. The value of this condition within the Proposed Proffer Statement as a means of influencing proj ect design is therefore questionable. If the applicant is interested in ensuring building design that achieves a unified and distinctive theme, it is recommended that minimum architectural standards be contemplated as a component of this application. 3.5 The applicant has proffered that a comprehensive sign plan will be prepared for the entire Crosspointe Center development, but does not include any such plan with the Proposed Proffer Statement. As a comprehensive sign plan is intended to serve as an enforceable sign program that is unique to a given development, it is generally appropriate that the plan be included with the rezoning application and adopted with the proffer statement. In so doing, the comprehensive sign plan becomes the sign ordinance applicable to the development that will be enforced by the jurisdiction in perpetuity. Moreover, as such sign plans generally impose more stringent design standards than the Zoning Ordinance, the potential for successful implementation is substantially enhanced when the alternative standards are enforceable as conditions of a rezoning approval. To be most effective, a comprehensive sign plan should identify acceptable sign styles (i.e. monument type), specify dimensional standards for freestanding and building mounted signs, and stipulate minimum design elements (i.e. materials, lighting) so that a coordinated theme can be achieved and maintained throughout the development. 3. Pedestrian Trail System and Recreation Areas 4.1 The infrastructure policies of the SFLUP encourage development of bicycle and pedestrian facilities as a component of the transportation system for mixed use areas. (Comprehensive Policy Plan, p. 6-42.6) The Proposed Proffer Statement states that a pedestrian trail system will be constructed within the development to link residential and commercial areas. The minimum design standards for this system are not specified by the applicant, thereby leaving the ultimate width and surface treatment(s) of the proffered trails undefined. Without such information, it is difficult to determine whether the trail system proposed for Crosspointe Page 5 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 Center will be adequate to accommodate both pedestrian and bicycle traffic as promoted by the SFLUP policies. Additionally, while precise trail location information will be determined during subsequent phases of development review, inclusion on the GDP of the general framework of the system that identifies its central components and linkages would be appropriate. The applicant is encouraged to consider establishing connections with pedestrian systems in adjoining developments in addition to the internal linkages proposed by proffer. 4. Monetary Contributions - CPI Adjustment Frederick County recently accepted a rezoning petition that included a provision for the periodic adjustment of monetary contributions to account for the impact of inflation on the value of said contributions. Specifically, this clause provided for the adjustment of all monetary contributions to reflect the Consumer Price Index (CPI), with such adjustments to occur every twenty four (24) months over the course of the project's development cycle. The employment of such an "escalator clause" is encouraged with all rezoning petitions as a means of ensuring that monetary contributions effectively address targeted impacts. This approach is particularly relevant to large projects that will follow a phased development schedule requiring several years for completion, such as proposed Crosspointe Center. Schools 6.1 It is recommended that the language of this proffered condition clarify that the $3,000 contribution for school purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 6. Parks & Open Space 7.1 It is recommended that the language of this proffered condition clarify that the $500 contribution for recreational purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. Page 6 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 7. Libraries 8.1 It is recommended that the language of this proffered condition clarify that the $100 contribution for library purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 8. Water & Sewer 12.1 It is recommended that this proffered condition specify that all water and sewer infrastructure provided by the applicant will be constructed pursuant to the requirements of the Frederick County Sanitation Authority (FCSA). 9. Transportation Phasing of Improvements As currently proposed, the transportation phasing program proffered by the applicant is not linked to the planned phases of residential and commercial development in quantifiable terms. During a discussion concerning this project with VDOT staff on October 3, 2003, it was generally agreed that a more distinct relationship between land use and transportation phasing would be advisable. It was noted that the most effective phasing method would involve the inclusion of specific development thresholds in the transportation proffers that represent the trigger for each phase of transportation improvements. If residential land uses are ultimately phased by the applicant so that they will not outpace commercial development, the appropriate threshold triggering commencement of a given transportation phase would arguably be commercial floor area. Regarding the completion of phased improvements, it may be appropriate to commit to the full completion of the transportation improvements for a given phase prior to the issuance of the first certificate of occupancy (CO) for said phase, as opposed to the first building permit. This arrangement would enable the applicant to commence development activities while the road system is being developed, but preclude the initiation of land uses (commercial and/or residential activities) prior to the availability of necessary infrastructure to accommodate projected trips. During the October 3`d meeting with VDOT representatives, the proposed Phase One relocation of Tasker Road was identified as necessary prior to the commencement of site Page 7 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 development activities to ensure acceptable traffic conditions in the vicinity of the I-81/Rt. 37/Rt.11 interchange. The relocated segment of Tasker Road would serve as the initial means of access to the project for construction traffic and related activities and further provide alternative access to I-81, which would be necessary to enable the required relocation of the northbound interchange ramps. It was therefore recommended that the proposed transportation program provide assurance that the Phase One relocation of Tasker Road will be completed prior to the issuance of the first building permit for the project. As currently written, the proposed transportation program does not provide any assurance that this improvement will be completed prior to the commencement of development activity. Relocation of Northbound Interchaneg Ramps Along with the relocation of Tasker Road, the relocation of the northbound I-81 interchange ramps is critical to the effective mitigation of the projected traffic impacts of Crosspointe Center. However, the proposed transportation program does not specifically reference the required relocation of the ramps and further, does not identify responsibility for this improvement. As a Phase One improvement, the relocation for the ramps is expected to be completed prior to the issuance of either the first building permit or certificate of occupancy for the project, depending upon which permitting function is proposed as the enforcement mechanism for completion of each phase. It is recommended that the proposed transportation program expressly identify the relocation or the northbound interchange ramps as a Phase One improvement. It is noted that during the October 3rd meeting, VDOT representatives clarified that improvements to the interchange ramps would not occur as a VDOT project. Therefore, the proposed transportation program should not identify VDOT as a potential funding source for this critical improvement. Crosspointe Boulevard As currently depicted on the proposed GDP, the eastern terminus of proposed Crosspointe Boulevard is planned at its intersection with Warrior Drive, approximately 800 feet west of the project boundary. It is recommended that proposed Crosspointe Boulevard be extended to the eastern limits of the project site to enable its ultimate continuation toward Route 522 via subsequent development proposals. By constructing Crosspointe Boulevard to the project boundary, the applicant would ensure that all segments of this regional transportation improvement would be in place within the project to enable its uninterrupted extension. If amenable, the applicant should delineate this extension on the proffered GDP, and also specify the planned terminus within the proposed transportation program. It is noted that the construction of Crosspointe Boulevard to the eastern limits of the project is critical to facilitating implementation ofthe regional transportation program envisioned by the SFLUP. Design of Proposed Improvements It is recommended that the proposed transportation program include greater specification 0 • Page 8 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 concerning the design of planned transportation improvements. In addition to identifying right-of-way widths, the program should include technical specifications that are deemed appropriate by VDOT to ensure that the ultimate form and function of proposed improvements are appropriate. Specifically, the number of lanes to be constructed by phase for a given road segment should be specified, and are expected to be consistent with the configuration assumptions utilized in the Traffic Impact Analysis for Crosspointe prepared by Patton, Harris, Rust & Associates. It is recognized that Crosspointe Boulevard, Tasker Road, and Warrior Drive will all serve as major transportation corridors within Frederick County, accommodating both regional and local traffic with diverse destinations. Special attention to the design of these corridor areas is essential to achieving the distinctiveness of appearance anticipated with a high visibility project such as Crosspointe Center. The applicant is therefore encouraged to consider including specific design treatments for these major improvements within the proposed transportation program. In particular, constructing each of the referenced roads as traditional boulevard sections with raised medians and enhanced landscaping would be desirable. Should such road design be used within Crosspointe Center, it is recommended that the transportation program reference VDOT minimum standards for design of typical boulevard components (i.e. raised medians). It is noted that Warrior Drive is currently being designed as a divided boulevard section with median landscaping as it proceeds north through the Wakeland Manor development. Thus, it would be appropriate to continue this design standard as Warrior Drive extends through Crosspointe Center. The proposed transportation program does not specify any access limitations concerning the principal roadways planned for Crosspointe Center. The transportation policies of the Comprehensive Policy Plan indicate that direct access to arterial and collector roads should be limited. (Comprehensive Policy Plan, p. 7-4) It is recommended that the proposed transportation program expressly enumerate access limitations for Tasker Road, Warrior Drive, and Crosspointe Boulevard. The employment of corridor buffers adjacent to the principal roads within Crosspointe Center would also serve as an effective design enhancement. Such buffers may contain enhanced landscaping, structural features such a decorative walls, monument style entrance signs, and pedestrian or "hiker/biker" trails. Coupled with the recommended boulevard design of the major roads, corridor buffers would achieve a distinctive aesthetic quality for Crosspointe Center befitting its regional importance as a commercial destination. Page 9 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 C. Generalized Development Plan 1. It is recommended that the proposed GDP include delineation of environmentally sensitive areas identified by the SFLUP that are to be conserved through the development of Crosspointe Center. The applicant is encouraged to precisely identify protected environmental areas both on the GDP and through the text of the final proffer statement. Moreover, the historic resources that are proffered to be preserved by the applicant should be identified on the GDP. 2. The proposed transportation program references that Crosspointe Boulevard will be expanded to a four lane section as a Phase Three improvement, yet the GDP depicts this proposed road only as a two lane section. Please ensure that proposed improvements are shown on the GDP as described in the Proposed Proffer Statement. 3. Please include depictions of any landscaped or buffer areas identified in the Proposed Proffer Statement on the GDP. If such areas are proposed, the depictions on the GDP should be referenced as guides for implementation via subsequent land development applications. 4. It is recommended that the GDP include a table specifying the residential and commercial development planned for Crosspointe Center by phase. Such a table should identify the specific housing types proffered to comprise the residential program for each phase and further delineate the planned use of the commercial floor area as either office or retail/general commercial. 5. The planned land use for areas proposed for RP zoning should be identified as "residential" or "residential, mixed housing types" rather than "mixed use." D. Review Agency Comments. Please ensure that review comments from the following agencies are obtained and submitted with the final application: Frederick County Attorney, VDOT, Historic Resources Advisory Board, Public Works, Fire Marshal, Fire and Rescue - First Responder, Frederick County Sanitation Authority, Frederick -Winchester Service Authority, Superintendent of Frederick County Public Schools, Winchester Regional Airport, and the Frederick County Department of Parks and Recreation. The subject rezoning petition will be scheduled for the next available Planning Commission agenda upon receipt of the following: (1) signed application form with all of the above referenced review agency comments; Page 10 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 (2) final proffer statement that is signed by the property owner and notarized; (3) final impact analysis statement; and, (4) completed Special Limited Power of Attorney form (attached). Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad Attachment cc: _,-John Foote, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC ,-Alice Haase, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC ,-Eric R. Lawrence, AICP, Planning Director ,,-Abbe S. Kennedy, Senior Planner /ferry Copp, Virginia Department of Transportation Ben Lineberry, Virginia Department of Transportation ,,, loyd Ingram, Virginia Department of Transportation bc: /lfarrington Smith, Jr., Shawnee District Supervisor em: ALynda Tyler, Stonewall District Supervisor /(fharles S. DeHaven, Jr., Chairman Planning Commission /Wpliam Rosenberry, Shawnee District Commissioner obert Morris, Shawnee District Commissioner UAChris\Common\Rezoning\Prelim Comments\Crosspointe.wpd Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) (Phone) (Address) 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. on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) (Phone) (Address) To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200_, Signature(s) State of Virginia, City/County of To -wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of 1200. _ My Commission Expires: Notary Public AMENDMENT Action: PLANNING COMMISSION: November 19, 2003 - BOARD OF SUPERVISORS: February 11, 2004 Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13-03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terininus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 19, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 11, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 427-03 r r This ordinance shall be in effect on the date of adoption. Passed this 11th day of February, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Barbara E. VanOsten Aye Nay Gary Dove Aye Nay Bill M. Ewing Aye 4 A COPY ATTEST Joh . Riley, Frederick County dministrator PDRes. 427-03 0:\ReSoinLions\2004\Crosspointe Center.wpd • PROPOSED PROFFER STATEMENT REZONING: RZ. # : RA-1 to RP and B-2 PROPERTY: 574.37 acres +/-; Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 (the "Property") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. APPLICANT: Glaize Developments, Inc. PROJECT NAME: Crosspointe Center ORIGINAL DATE OF PROFFERS: August 27, 2003 REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Crosspointe Center" dated August 12, 2003, as revised October 20, 2003 (the "GDP"), Page 1 of 12 9 • Crosspointe Center Proffer Statement and shall include the following: 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003; 2. the "GDP, Phase I," dated August 12, 2003, as revised October 20, 2003; 3. the "GDP, Phase II," dated August 12, 2003, as revised October 20, 2003; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003, and 5. the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. 1. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General ("132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be. developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a maximum of 1,578 dwelling units, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. 1.5. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted" housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Page 2 of 12 Crosspointe Center Proffer Statement 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2.2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 2.2.2 Phase II development shall not commence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase II shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase III development shall not commence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. 3. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 3.1. Materials utilized for all exterior facades of the conunercial buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall be constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a unified development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of the Master Plan submission for approval by Frederick County. Page 3 of 12 Crosspointe Center Proffer Statement 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. 4. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. 5. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100,000.00, upon issuance of the first building permit for each of the three phases as described herein. V�Z�Zl.� 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each such unit with the exception of age -restricted units. 7. PARKS & OPEN SPACE: 7.1. The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 8. LIBRARIES: 8.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 9. SHERIFF'S OFFICE: Page 4 of 12 Crosspointe Center Proffer Statement 9.1. The Applicant shall contribute to the Board the sum of $5,000.00 for the Sheriff's Office upon issuance of the first building permit for the development. 10. ADMINISTRATION BUILDING: 10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building permit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for Page 5 of 12 Crosspointe Center Proffer Statement assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such comiection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 13.1. Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of Stormwater control in existing Virginia law at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, design of the roadway system shall be consistent with the study entitled "A Phased Traffic Impact Analysis of Crosspointe Center," prepared by Patton Harris Rust & Associates, dated September 10, 2003 (the "TIA"). Page 6 of 12 E Crosspointe Center Proffer Statement 14.2. The following traffic improvements shall be designed and constructed during Phase I. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of Transportation ("VDOT") specifications, and subject to review and approval by the Frederick County and VDOT. ("E" to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "H" to "J" on the GDP). 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the I-81 NBL off ramp and the I-81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FHWA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "E" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K". 14.2.7 Full left and right turn commercial entrances to Tasker Road shall Page 7 of 12 Crosspointe Center Proffer Statement be limited to four with two allowed between "F" and "G" and one each allowed at "H" and "J". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase II and shall be completed prior to issuance of the first occupancy permit in Phase II, unless noted otherwise herein. The exact location and design of such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof. 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. ("J" to "K" on the GDP). 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "M" on the GDP). 14.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. ("G" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase III, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ("M" to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ("G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the east limits of the development. ("M" to "O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: 1. Warrior Drive is extended from the south across offsite properties to intersect with Tasker Road (S.R. 642) (at "N") or Page 8 of 12 Crosspointe Center Proffer Statement with links provided to U.S. Route 522. (At "O") 2. Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At «L» 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase III transportation impacts. 14.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of I-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a full transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("B" to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the conunencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the "FEIS"). In the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the aligmnent contemplated by and studied in the FEIS, the Applicant will coordinate that construction with the Federal Highway Administration ("FHA"), the Virginia State Historic Preservation Officer ("SHPO"), VDOT, and Page 9 of 12 0 9 Crosspointe Center Proffer Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible with the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200,000.00 in lieu of such dedication or extension within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 10 of 12 Crosspointe Center Proffer Statement SIGNATURES APPEAR ON FOLLOWING PAGES Page 11 of 12 0 Crosspointe Center L� Proffer Statement GLAIZE DEVELOPMENTS, INC. By:a� Title: c COMMONWEALTH OF VIRGINIA; CITY/� OF : to -wit The foregoing instrument was acknowledged before me this * day of 3anu 2004, by My Commission expires: Notary Public 71a\ \ Gl--\ J:\43\4346\REZONING\REZONING\PROPPERS\Proffer 0123.doc Page 12 of 12 TO PAPER MILL ROAD / (FUTURE) f,! RESIDENTIAL - RP I[ (Mixed Use) jet / MOALWSIEl l .. • +\ RESIDENTIAL -RP (Mixed Use) ^� I D r "� 'O V E \ �;, nz arFEs ESIDENP'oITIq �.� f' FORA I NA G ` .. (SF•S�II Lot) RESIDENTIAL -RP Ii ALI- (SF-Sr?tLot) (, COMMERCIAL.B-2 4 rwsEn `� / (Retail) COMMERCIAL B- / <,ozacKFs -e (Retail) Ir i W •t.RF.S COMMERCIAL B-2 (Retail) � a ease i « COMMERCIAL r V � r` COMMERCIALy� 2-2 � (InstitutionaVRetail) ! 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PHASE III j � ' / 1 RESIDENTIAL - RP PLAN KEY PHASE _j PROPOSED STREAM PRESERVATION BUFFER `I 1 E10S11N0 f-2 ZONE / '••'-•sr?EAl' COMMERCIAL l PHASE �kC -- PROPOSED POCKET PARK \ _�'\ RESIDENTIAL - RP ; p,tr',t H ne_< ... - PROPOSED PEDESTRIAN TRAIL ■CR0SSPOINTE� TYPICAL STREETSCAPE StG I IUN TASKER & WARRIOR ROADS NORTH OF CROSSPOINTE BLVD FRF.Dfz RICK COUNTY, VIRGINIA ' Merl �. ■Ilb,� �.�y • �nx1�41 la ' fiP\t:RAL17.IiU llli VIiLOP\fhNT PLAN � � ., �'Si1LS�~ 'RT ,SA VARK, TRAIL, AND BUFFER EYJ41131T 0 REZ11L 0? GLAIZE DEVELOPMENTS, INC. P.O. BOX 888 WINCHESTER, VIRGINIA 22604-0888 PHONE: 540-662-2092 FAX: 540-662-8016 May 7, 2012 Eric R. Lawrence, AICP Director of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: Please find enclosed a fully executed copy of the CrossPointe Tri-Party Agreement for your records. Sincerely, GLAIZE DEVELOPMENTS, INC. Elaine Markle Office Manager am Enclosure V1 k f 1y M AY 8 2012 FktU!KICK CUUNTY ` 1 p� rein arc n�VCint'Fnr(�__� 1] AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of the `�� of , 2012, by and between GLAIZE DEVELOPMENTS, INCORPORATED., a Virginia corporation ("Glaize"), the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia, a public body politic and corporate ("VDOT"), and the ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA (the "Zoning Administrator"). RECITALS: R-1. Glaize is the owner of certain property located in Frederick County, Virginia, known as the Crosspointe, and more specifically identified as Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96, and a portion of 75-A-90 and 75-A-94 on the Tax Maps of the County (the "Property"). R-2. VDOT is the Department of the Commonwealth of Virginia charged with construction, operation, and maintenance of the Virginia state systems of highways. R-3. The Property was rezoned for commercial and residential uses by the Frederick County Board of Supervisors by Rezoning 13-03 in 2003, to permit the development of the Property consistently with the Frederick County Zoning Ordinance Proffers accepted by the Board in connection with that Rezoning (the "Proffers"). These proffered conditions include Glaize's obligations to make certain phased road improvements during the course of development of Crosspointe. R-4. Glaize and VDOT have engaged in detailed discussions regarding the po- tential responsibilities of the Parties in connection with the construction of major improvements to the I-81 Exit No. 310 Interchange that VDOT pro- poses to undertake at that Interchange, and as those improvements relate to the development of Crosspointe by Glaize Developments, Inc. R-5. VDOT has determined that if funds are available and allocated to the project, it intends to construct extensive "Phase I" Improvements to the 310 Interchange that will encompass road improvements that were proffered to be constructed in conjunction with Phase I of Crosspointe. R-6. In recognition of VDOT's construction of the aforesaid improvements, Glaize has stated its willingness to cooperate with such improvements, to grant necessary rights -of -way, and to do other things to accommodate VDOT's project. R-7. For the purposes of this Agreement, the "VDOT Phase I Improvements" shall be those referenced in the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). Crosspointe Phase I, II, and III refer to the phases of the Crosspointe development as it is identified in the Proffers. A copy of the Report is attached hereto and incorporated herein by reference. R-8. The Parties wish to memorialize their agreement consistently with their discussions, and to set forth the mutual promises, obligations, and commitments that each has made with respect to the work described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, -the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, Glaize and VDOT (each referred to as a "Party" and collectively "the Parties"), intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals: The Recitals above are incorporated in this agreement as if fully set out here. 2. VDOT Obligations to the Construction of the Interchange Improvements. Page 2 of 14 a. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, then VDOT will assume, at its sole expense, all responsibility for the design and construction of the following road improvements. These improvements include certain improvements that have been heretofore proffered by Glaize but that VDOT intends to design and construct as set forth in the Recitals, above, and for the purposes of this Agreement collectively constitute the VDOT Phase I Improvements: i. The Interstate 81/Route 37 310 Interchange "Interim Improve- ments" in general conformance with the Report. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP accepted in connection with Rezoning 13-03. (Points "E" to "G" on the GDP); Proffer 14.2.1. ii. Relocated Tasker Road. 1. This will satisfy Glaize's proffered requirement to design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. (Points "F" to "G" to "H" to "i" on the GDP). VDOT will construct a temporary access to re- located Tasker Road and the extension of Route 37 as part of subparagraph (2)(a)(i) above, and is presently contemplated to be the western half of an urban diamond interchange, or functionally similar design. Proffer 14.2.2. iii. Relocated Hilandale Road. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential devel- opments as generally depicted on the GDP. (Points "I" to "H" on the GDP). Proffer 14.2.3. iv. Relocate an existing 20-inch water necessary to the foregoing improvements. Page 3 of 14 • 0 v. Improvements to U. S. Route 11 to the west of I-81. 1. This will satisfy Glaize's proffered requirement to design and construct an additional lane on southbound U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. (Points "A" to "B" on the GDP). b. The VDOT Phase I Improvements will accommodate the future upgrade of the I-81 Interchange to the ultimate interchange design as contemplated by the plans for the VDOT Phase III Improvements as they have been identified in the Report. c. The Parties agree that if VDOT undertakes the construction of the VDOT Phase I Improvements as defined herein, all segments of Route 37 within Crosspointe will be constructed in accordance with VDOT GS-1 standards, as a limited access rural principal arterial, and in the location identified by VDOT in final plans. The horizontal and vertical alignment will be agreed to by VDOT, Glaize, and the County as part of the alignment study currently being conducted by VDOT. d. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, Glaize will mirror VDOT's construction standards for such reclassified roadway for any extension of Route 37 within the property. e. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT shall obtain all funding, approvals, and permits as required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake) from the appropriate local, state, and federal authorities. Page 4 of 14 f. VDOT shall prepare and obtain approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the VDOT improvements within the Crosspointe property as described above under item 2.: VDOT's Obligations, and as described below under item 3.: Glaize's Obligations. This shall be done prior to the commencement of the VDOT Phase I Improvements, and the other work contemplated herein. Any environmental item(s) required for the work proposed under item 3. Glaize's Obligations, as to which VDOT lacks the authority to obtain and transfer to a third party, will be Glaize's responsibility to obtain in its name. g. VDOT agrees that for the purposes of future TIAs that may be required for Crosspointe, Glaize shall have no further responsibility for improvements to the 310 Interchange. Glaize, VDOT, and the County will enter a "scoping" agreement for future TIAs prior to construction of the Crosspointe Phase I and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts identified outside the project limits shall be the responsibility of others. 3. Glaize's Obligations. a. Glaize will amend the Crosspointe Master Development Plan ("MDP") to reflect construction of Route 37 to include two, three -lane, bridges across Tasker Road and two, two-lane bridges across Warrior Drive, as the ultimate configuration of the Improvements and the construction of Route 37 through the property. It is understood that VDOT will construct the interim improvements as described in Paragraph 2, above, but that Glaize shall construct one three lane bridge at Tasker Road and a portion of the urban interchange at Warrior Drive in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase II or when required by any amended Proffer accepted by the County. b. Should funding required for construction of the Phase I Improvements as set forth herein not be or become available, VDOT shall retain its rights to comment on any modified road plan submissions that Glaize may make to accommodate such changed circumstances. Page 5 of 14 • 0 c. Glaize will construct the second three -lane bridge over Tasker Road in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase III, to include construction of the second, two-lane segment of Route 37 from Tasker Road to Warrior Drive, and the remaining portion of the urban interchange at Warrior Drive. d. Glaize shall remove the interim off -ramps at Tasker Road and Route 37 within two months following the date when (a) a Traffic Impact Analysis ("TIA") is approved that demonstrates they are no longer necessary for the safe movement of traffic on Route 37 and within Crosspointe after completion of the western half of the interchange at Warrior Drive, or (b) when an off -site connection is made to Route 522 to the east, or to properties to the north or south by means of an extended Warrior Drive, whichever first occurs, and in either case (c) the development of Crosspointe has commenced. The two month removal window will be within the normal construction months of April through October and the work may carry over into a subsequent construction season if the entire two month time frame is not available in the construction season that the work commences. The interim ramp right-of-way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the interim Tasker ramps by Glaize and final inspection by VDOT. e. Glaize will dedicate all of the right-of-way on its property needed for the VDOT Phase I and III Improvements at no cost to VDOT, regardless whether such dedication was previously proffered. f. Glaize will further dedicate the right-of-way for Hilandale and relocated Tasker Roads, and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. g. Such dedications will include any additional water, slope, drainage, or temporary construction easements that may be required. Page 6 of 14 h. Actual conveyance of these interests will be based on a mutually - agreeable final design and shall be made within 30 days of written request therefor from VDOT with respect to any segment of the VDOT Phase I Improvements as to which VDOT is prepared to issue a Notice to Proceed. VDOT shall prepare the necessary plats and deeds, subject to Glaize's review and comment. All of the dedicated right-of-way not needed for VDOT's permanent improvements to the 310 Interchange will revert to Glaize after construction of those permanent improvements is complete and accepted, or any additional portions of Route 37 within the Property outside of those improvements are accepted, for ownership, operation, and maintenance. i. Glaize will retain the obligation to construct those transportation improvements not otherwise a part of the VDOT Phase I Improvements as set forth herein, consistent with the requirements of the Proffers for Crosspointe, as they may currently provide or as they may hereafter be amended. A copy of the Proffers as approved in connection with Rezoning 13-03 is attached hereto and incorporated herein by reference. 4. Consent to Design Plans: Where the Parties must agree as to a road design, none shall unreasonably withhold, delay, or refuse its consent. 5. Procedures for compliance with historic preservation requirements: a. VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between the Federal Highway Administration, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with the Virginia Department of Historic Resources. b. Glaize agrees that as provided in Proffer15 and the referenced 1999 MOA, it will develop and implement a treatment plan to mitigate the effects of the construction of Route 37 and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Page 7 of 14 0 • 6. Non -Ownership of Facilities by Others: This Agreement shall not create or establish any ownership in any part of the VDOT systems in any person or entity other than the Commonwealth of Virginia. 7. Governing Law; Venue: This Agreement shall be construed and performed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of law principles. Resolution of any outstanding claims, counterclaims, disputes and other matters arising out of, or in connection with, this Agreement shall be decided in a court of competent jurisdiction in the Commonwealth of Virginia. 8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous written or verbal agreements of the Parties in connection herewith. 9. Waiver Not Continuing: The waiver by either Party of any failure on the part of the other Party to perform any of its obligations under this Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 10. No Third -Party Beneficiaries: Except to the extent that obligations or responsibilities may be assigned in accordance with this Agreement, the benefits of this Agreement shall inure solely to the Parties hereto, and nothing contained herein is intended to, or shall, confer upon any person not a party hereto any rights, benefits or remedies of any nature whatsoever under, or by reason of, this Agreement. Page 8 of 14 0 11. Successors and Assigns; Covenants Running with the Land: All the terms, covenants, provisions and conditions of this Agreement shall be binding upon any successors in title to the Property and are covenants running with the land. The terms, covenants, provisions and conditions of this Agreement shall not be severable from the Property or separately assignable by either Party. Glaize may not assign any portion of this Agreement without the express written consent of VDOT, such consent not to be unreasonably withheld. This Agreement or a Memorandum thereof may be recorded in the Land Records of Frederick County. 12. Termination, Default and Remedies: a. If either Glaize or VDOT materially breaches any of the provisions set out in this Agreement, or fails to observe or perform any of their respective obligations hereunder that materially affect the non -defaulting Party's rights under this Agreement, any such breach or failure shall constitute an event of default, provided, however, that it shall not be such an event unless and until the non -defaulting Party has given the defaulting Party written notice specifying the nature of such breach or failure, and, within thirty (30) days after receipt of such notice, the defaulting Party fails to cure such breach or failure. Provided, further, however, that if such cure cannot be reasonably completed within the thirty (30) day period, then the 30-day period will be extended by up to sixty (60) additional days, so long as the defaulting Party diligently takes steps to cure the breach or failure, and keeps the non -defaulting Party promptly and fully informed about its progress in effectuating the cure. b. If an event of default by Glaize occurs, VDOT shall have the right to terminate this Agreement as of the expiration of the 30-day period (or applicable longer period) provided in subparagraph a. above. If VDOT elects to terminate this Agreement, VDOT shall have no further obligation or duty to Glaize. c. If an event of default by VDOT occurs, Glaize's sole remedy shall be to terminate this Agreement and upon any such termination by Glaize VDOT shall have no further obligation or duty to Glaize under this Agreement. d. In the event that this Agreement is terminated by either party prior to the completion of the Interchange Improvements, the Zoning Administrator's certification herein shall be deemed withdrawn, and Glaize's obligations under the Proffers shall remain in effect. Page 9 of 14 13. Modifications: No modification to this Agreement shall be binding on either Party unless it shall be in writing and signed by the duly authorized representatives of all Parties. 14. Notices: All notices to be sent in connection with this Agreement shall be in writing, shall be delivered either by hand or by mail, and shall be deemed sufficiently given when actually received by the other Parties notified or when mailed, if mailed by certified or registered mail, postage prepaid, addressed to the other Parties at their respective addresses stated below. Each Party may, by notice to the other Parties given in the manner provided for herein, change his or its address for receiving such notices. Address for notices to Glaize: Glaize Developments, Inc., a Virginia corporation. Attn: Mr. J. P. Carr P.O. Box 888 Winchester, Virginia 22604 With a copy to: Walsh, Colucci, Lubeley, Emrich & Walsh, PC Attn: Mr. John H. Foote, Esquire 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 Address for notices to VDOT: Virginia Department of Transportation Attn: Jeff Lineberry Transportation and Land Use Director 811 Commerce Road Staunton, Virginia 24401-9029 Page 10 of 14 Address for notices to the County: Board of Supervisors of Frederick County, Virginia Attn: County Administrator 107 N. Kent Street Winchester, VA 22601-5000 15. Zoning Administrator Concurrence. a. The Zoning Administrator of Frederick County is joined to this Agreement for the purpose of confirming, as a formal determination, that construction of these improvements, whether by VDOT or Glaize, will satisfy proffered road construction improvements as preconditions to the initiation of the development of Crosspointe Phase I, and that the amendments to the MDP referenced in Paragraph 3 (a) above will be consistent with the approved rezoning for Crosspointe. b. The MDP, previously approved by the County upon condition that VDOT is satisfied, will also be deemed to have received final approval upon execution hereof. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 14 GLAIZE DEVELOPMENTS, INC. a Virginia corporation By: COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK The foregoing instrument was acknowledged before me this day of CY1" , 2012, by J. P. Carr as Vice President of Glaize Devel- opments, Inc., authorized to execute this agreement on behalf of the firm. Q't' t' rn '.u, - Notary Public My Registration Number: k"S$ CA'A My Commission expires 71\3 \ \Z o \2 Page 12 of 14 THE VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia r By: COMMONWEALTH OF VIRGINIA COUNTY OF AVOkI AL The foregoing instrument was acknowledged before me this i day of i�a� 2012, by on behalf of the Virginia Department of Transportation. Notary Public Registration Number: 7(09 a(o(o `f My Commission expires q' 30-1 S Q,SH A C' �P'• No TARY * PUBLICREG. #7082664 ' ; A#YCOMMIS&0tj l) " 'Il LT W OF811118610%,.�� Page 13 of 14 THE ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA COUNTY OF C� The foregoing instrument was acknowledged bgfore me this day of 2012, by as the Zoning Adm4listrator. 11 NOTARY PUBLIC REGISTRATION N 138290 COMMONWEALTH OF VIRGINIA Registration Number: MY COMMISSION EXPIRES AUGUST 31. 2015 My Commission expi Page 14 of 14 L� 2 2012: i FhtULiiiCK COUNT' NT M ,1(O1p, WEAL' H ®f � I;( CjI IA 1D JL l� Yu LL �Y 1[Q` DEPARTMENT OF TRANSPORTATION 811 Commerce Road Staunton, Virginia 24401-9029 www.VirainiaDOT.oro GREGORY AAHIRLEY COMMISSIONER May 1, 2012 Mr. Eric Lawrence, AICP Director of Planning County of Frederick Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 Dear Mr. Lawrence: RE: Crosspointe Tri-Party Agreement Phone (540) 332-2265 Attached is a copy of the Crosspointe Tri-Party agreement that has been executed by Mr. Randy Kiser, Staunton District Administrator on behalf of VDOT. Please send a final copy of the agreement to our office once it has been executed by the County of Frederick and Glaize Development. Please advise if you have any questions. JAL:jal Sincerely, a "te/v Jeffery A. Lineberry, P.E. Transportation and Land Use Director WE KEEP VIRGINIA MOVING 11 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Eric R. Lawrence, AICP Director May 7, 2012 Mr. J.P. Carr Glaize Developments, Inc. 112 E. Piccadilly Street Winchester, Virginia 22601 RE: Crosspointe Tri-Party Agreement Dear Mr. Carr: Attached is a copy of the Crosspointe Tri-Party Agreement that has been executed by Mr. Randy Kiser, Stanton District Administrator on behalf of VDOT, as well as Mr. Mark Cheran, Frederick County Zoning Administrator. Please send a final copy of the agreement to my office as well as Mr. Lineberry's with VDOT once the agreement has been executed by Glaize Developments. Also attached is the approved Master Development Plan for Crosspointe. Please contact me with any questions. Sincerely, i Eric R. Lawrence, AICP Director of Planning and Development Enclosures: Crosspointe Tri-Party Agreement Crosspointe Master Development Plan 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of the of 2012, by and between GLAIZE DEVELOPMENTS, INCORPORATED., a Virginia corporation ("Glaize"), the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia, a public body politic and corporate ("VDOT"), and the ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA (the "Zoning Administrator"). RECITALS: R-1. Glaize is the owner of certain property located in Frederick County, Virginia, known as the Crosspointe, and more specifically identified as Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96, and a portion of 75-A-90 and 75-A-94 on the Tax Maps of the County (the "Property"). R-2. VDOT is the Department of the Commonwealth of Virginia charged with construction, operation, and maintenance of the Virginia state systems of highways. R-3. The Property was rezoned for commercial and residential uses by the Frederick County Board of Supervisors by Rezoning 13-03 in 2003, to permit the development of the Property consistently with the Frederick County Zoning Ordinance Proffers accepted by the Board in connection with that Rezoning (the "Proffers"). These proffered conditions include Glaize's obligations to make certain phased road improvements during the course of development of Crosspointe. R-4. Glaize and VDOT have engaged in detailed discussions regarding the po- tential responsibilities of the Parties in connection with the construction of major improvements to the I-81 Exit No. 310 Interchange that VDOT pro- poses to undertake at that Interchange, and as those improvements relate to the development of Crosspointe by Glaize Developments, Inc. R-5. VDOT has determined that if funds are available and allocated to the project, it intends to construct extensive "Phase I" Improvements to the 310 Interchange that will encompass road improvements that were proffered to be constructed in conjunction with Phase I of Crosspointe. 0 0 R-6. In recognition of VDOT's construction of the aforesaid improvements, Glaize has stated its willingness to cooperate with such improvements, to grant necessary rights -of -way, and to do other things to accommodate VDOT's project. R-7. For the purposes of this Agreement, the "VDOT Phase I Improvements" shall be those referenced in the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). Crosspointe Phase I, II, and III refer to the phases of the Crosspointe development as it is identified in the Proffers. A copy of the Report is attached hereto and incorporated herein by reference. R-8. The Parties wish to memorialize their agreement consistently with their discussions, and to set forth the mutual promises, obligations, and commitments that each has made with respect to the work described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, Glaize and VDOT (each referred to as a "Party" and collectively "the Parties"), intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals: The Recitals above are incorporated in this agreement as if fully set out here. 2. VDOT Obligations to the Construction of the Interchange Improvements. Page 2 of 14 • 0 a. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, then VDOT will assume, at its sole expense, all responsibility for the design and construction of the following road improvements. These improvements include certain improvements that have been heretofore proffered by Glaize but that VDOT intends to design and construct as set forth in the Recitals, above, and for the purposes of this Agreement collectively constitute the VDOT Phase I Improvements: i. The Interstate 81/Route 37 310 Interchange "Interim Improve- ments" in general conformance with the Report. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP accepted in connection with Rezoning 13-03. (Points "E" to "G" on the GDP); Proffer 14.2.1. ii. Relocated Tasker Road. 1. This will satisfy Glaize's proffered requirement to design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. (Points "F" to "G" to "H" to "J" on the GDP). VDOT will construct a temporary access to re- located Tasker Road and the extension of Route 37 as part of subparagraph (2)(a)(i) above, and is presently contemplated to be the western half of an urban diamond interchange, or functionally similar design. Proffer 14.2.2. iii. Relocated Hilandale Road. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential devel- opments as generally depicted on the GDP. (Points "I" to "H" on the GDP). Proffer 14.2.3. iv. Relocate an existing 20-inch water necessary to the foregoing improvements. Page 3 of 14 E L� v. Improvements to U. S. Route 11 to the west of I-81. 1. This will satisfy Glaize's proffered requirement to design and construct an additional lane on southbound U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. (Points "A" to "B" on the GDP). b. The VDOT Phase I Improvements will accommodate the future upgrade of the I-81 Interchange to the ultimate interchange design as contemplated by the plans for the VDOT Phase III Improvements as they have been identified in the Report. c. The Parties agree that if VDOT undertakes the construction of the VDOT Phase I Improvements as defined herein, all segments of Route 37 within Crosspointe will be constructed in accordance with VDOT GS-1 standards, as a limited access rural principal arterial, and in the location identified by VDOT in final plans. The horizontal and vertical alignment will be agreed to by VDOT, Glaize, and the County as part of the alignment study currently being conducted by VDOT. d. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, Glaize will mirror VDOT's construction standards for such reclassified roadway for any extension of Route 37 within the property. e. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT shall obtain all funding, approvals, and permits as required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake) from the appropriate local, state, and federal authorities. Page 4 of 14 0 • f. VDOT shall prepare and obtain approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the VDOT improvements within the Crosspointe property as described above under item 2.: VDOT's Obligations, and as described below under item 3.: Glaize's Obligations. This shall be done prior to the commencement of the VDOT Phase I Improvements, and the other work contemplated herein. Any environmental item(s) required for the work proposed under item 3. Glaize's Obligations, as to which VDOT lacks the authority to obtain and transfer to a third party, will be Glaize's responsibility to obtain in its name. g. VDOT agrees that for the purposes of future TIAs that may be required for Crosspointe, Glaize shall have no further responsibility for improvements to the 310 Interchange. Glaize, VDOT, and the County will enter a "scoping" agreement for future TIAs prior to construction of the Crosspointe Phase I and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts identified outside the project limits shall be the responsibility of others. 3. Glaize's Obligations. a. Glaize will amend the Crosspointe Master Development Plan ("MDP") to reflect construction of Route 37 to include two, three -lane, bridges across Tasker Road and two, two-lane bridges across Warrior Drive, as the ultimate configuration of the Improvements and the construction of Route 37 through the property. It is understood that VDOT will construct the interim improvements as described in Paragraph 2, above, but that Glaize shall construct one three lane bridge at Tasker Road and a portion of the urban interchange at Warrior Drive in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase II or when required by any amended Proffer accepted by the County. b. Should funding required for construction of the Phase I Improvements as set forth herein not be or become available, VDOT shall retain its rights to comment on any modified road plan submissions that Glaize may make to accommodate such changed circumstances. Page 5 of 14 c. Glaize will construct the second three -lane bridge over Tasker Road in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase III, to include construction of the second, two-lane segment of Route 37 from Tasker Road to Warrior Drive, and the remaining portion of the urban interchange at Warrior Drive. d. Glaize shall remove the interim off -ramps at Tasker Road and Route 37 within two months following the date when (a) a Traffic Impact Analysis ("TIA") is approved that demonstrates they are no longer necessary for the safe movement of traffic on Route 37 and within Crosspointe after completion of the western half of the interchange at Warrior Drive, or (b) when an off -site connection is made to Route 522 to the east, or to properties to the north or south by means of an extended Warrior Drive, whichever first occurs, and in either case (c) the development of Crosspointe has commenced. The two month removal window will be within the normal construction months of April through October and the work may carry over into a subsequent construction season if the entire two month time frame is not available in the construction season that the work commences. The interim ramp right-of-way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the interim Tasker ramps by Glaize and final inspection by VDOT. e. Glaize will dedicate all of the right-of-way on its property needed for the VDOT Phase I and III Improvements at no cost to VDOT, regardless whether such dedication was previously proffered. f. Glaize will further dedicate the right-of-way for Hilandale and relocated Tasker Roads, and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. g. Such dedications will include any additional water, slope, drainage, or temporary construction easements that may be required. Page 6 of 14 • 0 h. Actual conveyance of these interests will be based on a mutually - agreeable final design and shall be made within 30 days of written request therefor from VDOT with respect to any segment of the VDOT Phase I Improvements as to which VDOT is prepared to issue a Notice to Proceed. VDOT shall prepare the necessary plats and deeds, subject to Glaize's review and comment. All of the dedicated right-of-way not needed for VDOT's permanent improvements to the 310 Interchange will revert to Glaize after construction of those permanent improvements is complete and accepted, or any additional portions of Route 37 within the Property outside of those improvements are accepted, for ownership, operation, and maintenance. i. Glaize will retain the obligation to construct those transportation improvements not otherwise a part of the VDOT Phase I Improvements as set forth herein, consistent with the requirements of the Proffers for Crosspointe, as they may currently provide or as they may hereafter be amended. A copy of the Proffers as approved in connection with Rezoning 13-03 is attached hereto and incorporated herein by reference. 4. Consent to Design Plans: Where the Parties must agree as to a road design, none shall unreasonably witl-llold, delay, or refuse its consent. 5. Procedures for compliance with historic preservation requirements: a. VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between the Federal Highway Administration, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with the Virginia Department of Historic Resources. b. Glaize agrees that as provided in Proffer15 and the referenced 1999 MCA, it will develop and implement a treatment plan to mitigate the effects of the construction of Route 37 and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Page 7 of 14 • 0 6. Non -Ownership of Facilities by Others: This Agreement shall not create or establish any ownership in any part of the VDOT systems in any person or entity other than the Commonwealth of Virginia. 7. Governing Law; Venue: This Agreement shall be construed and performed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of law principles. Resolution of any outstanding claims, counterclaims, disputes and other matters arising out of, or in connection with, this Agreement shall be decided in a court of competent jurisdiction in the Commonwealth of Virginia. 8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous written or verbal agreements of the Parties in connection herewith. 9. Waiver Not Continuing: The waiver by either Party of any failure on the part of the other Party to perform any of its obligations under this Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 10. No Third -Party Beneficiaries: Except to the extent that obligations or responsibilities may be assigned in accordance with this Agreement, the benefits of this Agreement shall inure solely to the Parties hereto, and nothing contained herein is intended to, or shall, confer upon any person not a party hereto any rights, benefits or remedies of any nature whatsoever under, or by reason of, this Agreement. Page 8 of 14 • • 11. Successors and Assigns; Covenants Running with the Land: All the terms, covenants, provisions and conditions of this Agreement shall be binding upon any successors in title to the Property and are covenants running with the land. The terms, covenants, provisions and conditions of this Agreement shall not be severable from the Property or separately assignable by either Party. Glaize may not assign any portion of this Agreement without the express written consent of VDOT, such consent not to be unreasonably withheld. This Agreement or a Memorandum thereof may be recorded in the Land Records of Frederick County. 12. Termination, Default and Remedies: a. If either Glaize or VDOT materially breaches any of the provisions set out in this Agreement, or fails to observe or perform any of their respective obligations hereunder that materially affect the non -defaulting Party's rights under this Agreement, any such breach or failure shall constitute an event of default, provided, however, that it shall not be such an event unless and until the non -defaulting Party has given the defaulting Party written notice specifying the nature of such breach or failure, and, within thirty (30) days after receipt of such notice, the defaulting Party fails to cure such breach or failure. Provided, further, however, that if such cure carmot be reasonably completed within the thirty (30) day period, then the 30-day period will be extended by up to sixty (60) additional days, so long as the defaulting Party diligently takes steps to cure the breach or failure, and keeps the non -defaulting Party promptly and fully informed about its progress in effectuating the cure. b. If an event of default by Glaize occurs, VDOT shall have the right to terminate this Agreement as of the expiration of the 30-day period (or applicable longer period) provided in subparagraph a. above. If VDOT elects to terminate this Agreement, VDOT shall have no further obligation or duty to Glaize. c. If an event of default by VDOT occurs, Glaize's sole remedy shall be to terminate this Agreement and upon any such termination by Glaize VDOT shall have no further obligation or duty to Glaize under this Agreement. d. In the event that this Agreement is terminated by either party prior to the completion of the Interchange Improvements, the Zoning Administrator's certification herein shall be deemed withdrawn, and Glaize's obligations under the Proffers shall remain in effect. Page 9 of 14 Modifications: No modification to this Agreement shall be binding on either Party unless it shall be in writing and signed by the duly authorized representatives of all Parties. All notices to be sent in connection with this Agreement shall be in writing, shall be delivered either by hand or by mail, and shall be deemed sufficiently given when actually received by the other Parties notified or when mailed, if mailed by certified or registered mail, postage prepaid, addressed to the other Parties at their respective addresses stated below. Each Party may, by notice to the other Parties given in the manner provided for herein, change his or its address for receiving such notices. Address for notices to Glaize: Glaize Developments, Inc., a Virginia corporation. Mr. J. P. Carr P.O. Box 888 Winchester, Virginia 22604 With a copy to: Walsh, Colucci, Lubeley, Emrich & Walsh, PC Attn: Mr. John H. Foote, Esquire 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 Address for notices to VDOT: Virginia Department of Transportation Attn: Jeff Lineberry Transportation and Land Use Director 811 Commerce Road Staunton, Virginia 24401-9029 Page 10 of 14 • 0 Address for notices to the County: Board of Supervisors of Frederick County, Virginia Attn: County Administrator 107 N. Kent Street Winchester, VA 22601-5000 15. Zoning Administrator Concurrence. a. The Zoning Administrator of Frederick County is joined to this Agreement for the purpose of confirming, as a formal determination, that construction of these improvements, whether by VDOT or Glaize, will satisfy proffered road construction improvements as preconditions to the initiation of the development of Crosspointe Phase I, and that the amendments to the MDP referenced in Paragraph 3 (a) above will be consistent with the approved rezoning for Crosspointe. b. The MDP, previously approved by the County upon condition that VDOT is satisfied, will also be deemed to have received final approval upon execution hereof. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 14 • GLAIZE DEVELOPMENTS, INC. a Virginia corporation COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK The foregoing instrument was acknowledged before me this day of , 2012, by J. P. Carr as Vice President of Glaize Devel- opments, Inc., authorized to execute this agreement on behalf of the firm. My Registration Number: My Commission e Notary Public Page 12 of 14 THE VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia By: COMMONWEALTH OF VIRGINIA COUNTY OF A'LL The foregoing instrument was acknowledged before me this I day of (14q , 2012, by ha, 12&SQ- on behalf of the Virginia Department of Transportation. E kP'-- C P�' Notary Public Registration Number: 70S'Q(oc4`f My Commission expires T 30--1 S 5" A C A '. �`,• • No7ARY ' - 0 * PUBLIC •. 1�1 _ REG. 1070826 64 o : MYCOMMISSION IRES 'footfall%,' Page 13 of 14 THE ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA By: ,i6" X-c COMMONWEALTH OF VIRGINIA COUNTY OF The foregoing instrument was acknowled ed before me this 1 day of 2012, by , , as the Zoning Adm istrator. NOTARY PUBLIC REGISTRATION M 138290 COMMONWEALTH OF VIRGINIA Registration Number: MY COMMISSION EXPIRES AUGUST 31, 2015 My Commission expires Page 14 of 14 � I � I � I � I I I Rezoning Comments Crosspointe Virginia Department oTransportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Twsportation Attn: Resident Engineer S Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please fill ow the information. as accurately as possible in order to assist the Virginia Department of Transpcirtation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 3 7 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Virginia Department of Transportation Comments: See attached VDOT comments dated October 24, 2003, P� D APT 1� VDOT Signature & Date: 0-- 2LI 3 Notice to Ad iso B rd — Please Return This Form to the Applicant 9 i VDOT Consents to Crosspointe CentAezoning 11 H r October 24, 2003 The documentation within the application to rezone this property appears to have significant measurable impact on Routes I-81, 37 and 642. These routes are the VDOT roadways which have been considered as access to the property referenced. 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, Sixth 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. VDOT's review of the application and proffer indicates the following: • Existing Level of Service of the I-81 North Bound Off Ramp at Route 37 is Level of Service "D" in the PM Peak Hour. All other interjecting routes, including Tasker Road at Route 37, have a Level of Service "C" or better. • With the Phase I build -out, the proffers offered would provide a Level of Service "C" or better at all intersections, including the I-81 North Bound Off Ramp at Route 37. • With the Phase II build -out, the proffers offered would provide a Level of Service "C" or better at all I-81 ramp intersections and the intersection of Hillandale and Tasker Road. However, the relocated intersection of Tasker Road and Crosspointe Boulevard illustrates Level of Service "D" at three legs of intersection in either AM or PM Peak Hour. • With the Phase III build -out, the proffers offered would provide a Level of Service "C" at all I-81/Route 37 ramp intersections with the exception of the North Bound Lane Off Ramp which would have a Level of Service "D" in the AM and PM Peak Hour. Again, the relocated intersection of Tasker Road and Crosspointe Boulevard illustrates Level of Service "D" at three legs of intersection in either AM or PM Peak Hour. All other intersections provide for a Level of Service "C" or better. Furthermore, at Level of Service "D" locations identified in the TIA, the developer should strive to improve each intersection to the desirable Level of Service "C". • Traffic lights are mentioned at the following intersections and as identified on the Generalized Development Plan, but are not specifically included in the proffers: ' o Phase I at Intersection "E" which constitutes revamping the existing signal and at Intersection "G", Crosspointe Boulevard and Route 642, Tasker Road. ' o Phase II at Intersection "M" of Crosspointe Boulevard and proposed Warrior Road and at Intersection "K" of Route 642, Tasker Road and proposed Warrior Road. In general, signalization should be provided at the appropriate locations established by warrants ' determined by VDOT. VDOT is satisfied that the transportation proffers offered in the Crosspointe Center Rezoning Application dated ' August, 2003, revised October 22, 2003 addresses transportation concerns associated with this request. Our review indicates a decline to a Level. of Service "D", at intersections only during AM and PM Peak Hours. An overall Level of Service "C" can be maintained throughout the roadway network. ' Any work performed on the State' s ri ht-of-way must be covered under a land use permit. This permit is issued by this e and requires inspec ' n e and surety bond coverage. 3 r A. Cop , Transportation Resident Engineer ' 3AC/rf Rezoning Comments Crosspointe Frederick County Fire Marshal Mail to: Hand deliver to: Frederick Co. Fire Marshal Frederick Co. Fire & Rescue Dept. 107 N. Kent St. Attn: Fire Marshal Winchester, VA 22601 Co. Administration Bldg., 1't Floor (540) 665-6350 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Fire Marshal's Comments: -J t x- Fire Marshal's Signature & Date Notice to Marshal — Please Return This Form to the Applicant 13 1 - cg Frederick County Fire and Rescue R Department Office ®f the Fire Marshal Plan Review and Comments Control number Date received Date reviewed Date Revised RZ03-0011 9/8/2003 9/22/2003 Project Name Applicant Crosspointe Center G.W.Clifford & Associates Address City State Zip Applicant Phone 117 E.Piccadilly Street Winchester VA 22601 540-667-2139 Type Application Tax ID Number Fire District Rescue District Rezoning 75-A-89, 89A, 90, 9 11 11 Current Zoning Election District RA Recommendations Shawnee Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System Yes Yes Yes Other recommendation Requ r d:m-en s Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards ' Not Identified Not Identified No Emergency Vehicle Access Comments Project should itnocirporate NF-PA 11411 Fire Protection in P12nned 3uilding Crcuns as a minimum guide t0 providing needed fire Protection and accass. Water supplies shall meet the requirement- O. F:8derick Count`: Code Sec Cn 90-K or the CUfrent edition Oi Inicrilaii0i:ct �Ir2 Cods, whichever i5 Ii'c ti3OSi stringent. Access Comments Fire lade markings and s}gnage required at all --tire hydrants and all normal and eiiTe;Gei}0�! acc9Ss hclnts to the Structure-. Additional Comments y I f �Vlsic :s ici -i`e CryiSpcsaI Ji !c CiG clea rllii' If C ui i d it •i e Ieve e .. J itC itG uC,..l ti5'tC`� `t'/.lrt l.. °.., � :.,'. C��C i, IJ C if tl Cil''c��rr that ^'t l Sir`-.Jbl burning, �l Al not be i : heed• ,�'t1 the P. ori:t H t 1 ,�• . i� � .31 =- �^._I1�1 I f ..� /iiiJ JIEri�.„iCLIO(i. Plan Approval Recommended'��� Reviewed By Signature Yes Timothy L. Welsh Title 1:.._ "W, I t P•2 Rezoning Comments Crosspointe Fire and Rescue Company Name of Fire .fir Rescue Co- Address & Phone Stephens Ciiy Fire Co., Inc. Stephens Ciiy Fire Co., Inc. P_0, Lox 253 P.O. i3ox 253 Stephens City. VA 22655 Stephens City, VA 22655 869-4576 8694576, Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone- (540)667-2139 Mailing Address. c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 Location of Property: Kernstown Area— East and adjacent to Tasker Road where VA Route .i7 ends. Current 7.nning- RA 7.oning Requested: RP & R? Acreage- 6?fh.37 i hire arse Rescue Company's Cor men is The Stephens City Fire and Rescue Company would support the Crosspointe proposed rezoning, provided the following: 1. All reconunendations be die Frederick County Fire Marshal be satisfied_ as required by applicable code �. There will be three (3) donations of `B 1(10,000. each, provided to the Stephens Cttx Fire and Rescue Company' of which- will be made at. specific time periods, to be determined by the issuance ofCounty building permits i (These donations will not have an erect on the proposed prober monies. designated fir Fire and Rescue) It is further recomtneded that three (3) acres of land_ suitable and zoned appropriately, be donated to the i Stephens Cin• Fire and Rescue Company for liuure gro\. t -ire and Rescue Scrvices (Fire/Rescue station) hire & Rescue Company's Signature & Date:�.� t>ctober 21, 2003 4oct:c Hira :in R•f Notice -to Fire & Rescue C ompnoy — Please return This Form. to the Applicant 2? 11 11 11 11 11 u N October 23, 2003 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Crosspointe Rezoning Frederick County, Virginia Dear Chuck: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed Crosspointe rezoning and offer the following comments: 1) Refer to Site Suitability: Add a wetlands category to the site characteristics table unless the flood plain reference is inclusive of this feature. 2) Refer to Traffic: The discussion of the traffic improvements refers to a full traffic analysis included in Appendix B of the application. However, Appendix B was omitted from our application package. Therefore, we are requesting a copy of the traffic analysis for our records. We applaud the proposed phasing of the project which includes future improvements to the Tasker Road/Route 37 (Crosspointe Boulevard) interchange and the extension and development of Warrior Road within the project limits. We also commend the planning foresight highlighted in the proffer statement paragraph 14.4. which defers the development of Phase III until the Warrior Road connection is completed to the south or links completed to U.S. Route 522. 3) Refer to Solid Waste Disposal Facilities: We concur with your conclusion that the project will have a measurable effect on county solid waste management resources - and that the size of the Crosspointe development would prohibit waste collection at a central disposal site. We also applaud the applicant's willingness to proffer a 107 North Kent Street • Winchester, Virginia 22601-5000 Crosspointe Rezoning Comments Letter Page 2 October 23, 2003 curbside pick-up program utilizing a private refuse contract. However, the proffer statement indicates that this program will be accomplished through the creation of a Homeowners' Association. Please indicate how the applicant can guarantee that this curbside program will be implemented without the future involvement of Frederick County. I am available to answer any questions regarding the above comments. Sincerely, Harvey K Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Development file C:\Corel\WordPerfect\Rhonda\crosspointerezconi.wpd 0 Memo I To: C.E. Maddox, Jr. P.E. —Gilbert W. Cliff(r)& Associates, Inc. From: Jesse W. Moffett — Executive Director Date: September 25, 2003 Re: Crosspointe Rezoning In my review of the rezoning application I contacted the applicant regarding the omission of wastewater and water demands for the single family home units with the project area. A revised Table 2 was provided by FAX on 9/12/03. With the revised numbers build out of this project is projected to generate an average daily flow of 494,000 gal/day. The item raised in the application regarding the Parkins Mills facility and the initial evaluation of the capacity issues is worthy of note. Attached is a table showing the future cumulative flows from active development and approved master plans (479,180 gal/day) Active Development (Developable lots & Master Plans) 479,000 gaUday Crosspointe Development 494,000 gal/day Parkins Mills Flow 1,850,000 gaUday Total 2,823,000 gal/day 0 Page 1 6 0 Active Development - Frederick County Developments -'+, - ;dotal Developed Available Lots - JDevebped . FadlityNew'a` ...News ';F-utura -. Futuie�'1'.:. Ma-03'['.>Ju1-02 , :OWRF.- ; PMWWTP ',+-OWRF %'• .. Lots -:.Lots Lots 02-03'=. Albin Village 219 143 76 77 1 PM 1 .FMWWTP 76 Apple Ridge 119 118 1 1 0 OWRF 0 1 Asbury Terrace 63 77 6 6 0 OWRF 0 6 Brentwood Terrace 109 106 3 3 0 OWRF 0 3 Bdarwood Estates 204 195 9 62 53 OWRF 53 9 BuOlickHeights 54 45 9 10 1 OWRF 1 9 Burning Knolls 126 105 21 21 0 OWRF 0 21 Gar�er[stafes Y a _ 5l1 y. ,_sx,?2843 y 158 xf65 PM 65 343 Carlisle Heights 267 239 28 29 1 OWRF 1 28 6hannmgbme 846 > M 68? 778 ,: 4z « 368 OWRF 68 778 Chapel Hill 35 34 1 1 0 OWRF 0 1 College Park 57 54 3 3 0 OWRF 0 3 Country Club Estates 37 34 3 3 0 OWRF 0 3 Country Park 100 100 0 0 0 OWRF 0 0 Cross Creek 91 79 12 51 39 PM 39 12 Darlington 42 32 10 10 0 OWRF 0 10 Darville 65 59 6 6 0 OWRF 0 6 Dav-Mar 31 27 4 4 0 Deer Run at Sherando 25 25 0 0 0 PM 0 0 Dominion Knolls 76 76 0 1 1 OWRF 1 0 Echo Village 26 21 5 5 0 PM 0 5 6jeldStoneFTighlS 63 s0—r63a6'_�g 0 OWRF 0 63 EoxHiB ` 21 2i 0 4� 4 OWRF 4 0 FIe 1e ck Heghts 148 148 r 0 3 3 OWRF 3 p FtadenckWoods t. 89 PM p 0 Frede cktowne , 403 403 0 3 3 PM 3 fredxckiEs±s k �.287 .. �.3ev.. .287 0 tRr% :Q PM 0 0 0 Funkhouser 4M4 27 17 17 0 OWRF 0 p GlenmontVillage 124 123 1 1 0 OWRF 0 1 Green Acres 214 209 5 5 0 OWRF 0 5 Greenwood Heights 140i 130 10 10 0 OWRF 0 10 Hampton Chase 651 65 0 0 0 OWRF 0 0 jiartvaod �_..:. ' 19 x �, 19 ,. 0 ; :,?�' 0 PM 0 19 Hill Valley 54 50 4 4 0 OWRF 0 4 Lakeside Estates 158 151 7 7 0 PM 0 7 Lakewood Manor 97 95 2 2 0 PM 0 2 Lexington Court 2 1 1 1 0 PM 0 1 Lockhart 49 47 2 2 0 OWRF 0 2 Merriman'sChase 48 21 27 32 5 OWRF 5 27 Meniman's Estate 30 26 4 4 0 OWRF 0 4 Mll Race 105 105 0 1 1 OWRF 1 0 Miler Heights 28 19 9 9 0 OWRF 0 9 Mosby Station 1 80 79 1 2 1 PM 1 1 Oakdale Crossing 68 61 7 9 2 OWRF 2 7 Oakdale Crossing III 24 19 5 19 14 OWRF 14 5 PembridgeHeights 211 204 7 7 0 OWRF 0 7 Plainfield Heights 24 22 2 2 0 Plymn Owen Estates 56 54 2 2 0 PM 0 2 Raven Pointe 193 0 193 193 0 OWRF 0 193 Raven Wing 282 150 132 187 55 OWRF 55 132 RedFaxRun: ,•_-,__'162 84 t'."• 68' 2 --;30 ,. OWRF 0 68 Ridgefield 102 100 2 2 0 Rolling Fields 69 56 13 13 0 OWRF 0 13 SensenyGlen 165 159 6 11 5 OWRF 5 6 Shannon Hills 43 29 14 14 0 OWRF 0 14 ShawneeVtfae,- G4 0 64 ,;�?U_ 0 PM 0 64 Shenandoah Hills 203 192 � 11 11 0 OWRF 0 11 ....._....6 2,2 ._ '...� ... ... ..... _4 _ .. 4 OWRF 4 0 Sovereign Village 72 7 4 50 46 OWRF 46 4 Star Fort 144 45 99 111 12 OWRF 12 99 The Camp 600 116 484 498 14 PM 14 464 Underwood 47 40 7 7 0 OWRF 0 7 Valley Acres 17 16 1 1 0 PM 0 1 Valley MII Estates 21 191 2 2 0 OWRF 0 2 Village at Sherando 52 50 2 2 0 PM 0 2 Wakeland Manor 135 119 16 18 2 PM 2 18 Weslridge 19 0 19 19 0 OWRF 0 19 Windsor Hills Estates 26 17 9 10 1 OWRF 1 9 Woodside Estates 1 66 66 0 0 0 PM 0 0 Woodside Estates II 78 74 4 91 51 PM 5 4 — I'll cuvu rrUr 14UD G/b 13U 1616 1039 902 406 70 70 Q 260 gal/day 71,760 33,800 420,160 270.140 peakrng__,___�`.. 179 400 84_500 ,_�1 050 400 ..,� 675,350_� Master Development Plans Developments Total Lots Developed Lots Available Lots Developed Lots 02-03 Facility New New Future Future May-03 JuW2 OWRF PMWWTP OWRF PMWWTP Abrams Point 230 0 230 230 0 OWRF 230 Coventry Courts 34 0 34 34 0 OWRF 34 Fieldstone Heights 90 0 90 90 0 OWRF 90 Red Bud Run 300 0 300 300 0 OWRF 300 Southern Hills 225 0 225 225 0 PM 225 Wakeland Manor 579 0 579 579 0 PM 579 654 804 2270 1843 Q 260 gal/day 170,040 209,040 2 5 pealung , _ _._._... � . _—•, -_—,' 425 100r _ _ 522;860j Average Daily Demand J 590,200 479,180 Peak Flow nr,,.>-,-�r�l---- „�..-,�„1 8To 50 .,,_...t _�,4Z5,5001ciF°._- '_ t, l..�rr9....� i 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 29, 2003 1 Mr. C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. ' 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Crosspointe Rezoning Proposal Dear Chuck: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during then meeting of September 16, 2003. The HRA.B reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the • Frederick County=Winchester BattleEeldNetwoik'Plan, Frederick County Riiral•Landmarks Survey Report, and information provided by'the'applisant from ihe,Final Ennirdtimbntal:-Impact Analysis statement FEIS for Route 37. Historic Resources Advisory Board (HRAB) Comment ' The 626 acres proposed for rezoning from the RA (Rural Areas) District to the RP ( Residential Performance) District and to the B2 (Business General) District are not located within core ' battlefield areas as identifiedin the Study of Civil War Sites in the Shenandoah Valley. Located on the property are several historic resources: Hill andale house, Hillandale earthworks, Carriebrooke, Carriebrooke redoubt. These resources have collectively been deemed the Camp Russell Historic District by the Rt. 37 FEIS. It was noted by the HRAB that the earthworks located on the subject property are very well preserved. The HRAB felt, given the historic resources, that the property is ' an asset that provides a unique educational opportunity to relay the story of Frederick County. In addition, the Battlefield Network Plan also identifies Camp Russell, referred to as the 1864 Winterline, as a contributing battlefield feature. ' The I1RAB suggests that the applicant consider the following recomendations when finalizing the rezoning application: • Preservation of additional land more than one acre in size around Hillandalehouse to allow for preservation of outbuildings -and the historiccontext of the structure. 107 North Kent Street • Winchester, Virginia 22601-5000 C Page 2 C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. Re: Crosspointe Rezoning Proposal September 29, 2003 • Identify the minimum boundaries for the Hillandale house that would be included, if the property is listed on the State and National Registers • Acknowledge all four significant historic sites with listings on the State and National Registers • Consider preserving the entire Camp Russell historic district, as identified by the Route 37 FEIS. • Consider allowing the IIRAB to review this project again, as treatment plans for the historic resources on the property are developed and more details regarding site development are available. Please contact me if you have questions regarding this comment from the HRAB. Sincerely, Rebecca A. Ragsdale Planner I RARJbah cc: Bessie Solenberger, HRAB Chairperson John H. Foote, Walsh, Colucci, Lubely, Emtich, & Terpak, PC Fred Glaize, Glaize Developments, Inc. Christopher Mohn, Deputy Director, Frederick County Department of Planning U:\COMNETTRES\BRA13\Cornrnents\2003\CrosspointeRZ.wpd 7 V o � ,,. Frederick County Public chool$ Qre e: ;S ire all studet its an excellent education Administrative Assistant to the Superintendent October 16, 2003 C. E. Maddox, Jr. P.E., VP Gilbert W. Clifford & Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Crosspointe Center Rezoning Dear Mr. Maddox: Al Orndorff orndorfa@frederick.kl 2.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Crosspointe Center project. Based on the information provided, it is anticipated that the proposed 1310 single family homes, and 280 townhouses, will yield 254 high school students, 217 middle school students, and 598 elementary school students for a total of 1,069 new students upon build -out. The application is not clear on the scheduling, of the three phases relative to a calendar timeline. It would be helpful for..facility and, staff planning to be able to project the number of possible students generated on an annual basis from this proposed project. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully Yours, AlJVZ21L41L_11 - Orndorff Administrative Assistant to the Superintendent Copy: William C. Dean, Ph. D., Superintendent of Schools 10 Robert W. Cleaver, Assistant Superintendent for Administration ' 1415 Amherst Street www.frederick.kl2.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax Rezoning Comments Crosspointe Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Dept. of Parks & Recreation Comments: The proposed proffer for Parks and Recreation appears to be consistent with the proffer model and with the net impact this development will have on the demands for recreational activities created by this development. This department needs.tb see more information pertaining to the required recreation It amenities, open space,, and the Red st ' n/bikeway discussed in the project sun Signature & Date: (1, //%%'rJ. / 7/03 Notice to Dept/.:' f Parks & Recreation — Please Return This Form to the Applicant LEI L nary. 14 '�� AEGIpNq< =-9�o WINCHESTER REGIONAL AIRPORT y SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 �Iq il_ (540) 662-2422 October 16, 2003 Charles E. Maddox, Jr. Vice -President Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment Crosspointe Shawnee Magisterial District Dear Mr. Maddox: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request Sincerely, �5R IYWYU4 S. R. Manuel Executive Director i 0 U Rezoning Comments Crosspointe Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540)1662-2422 Winchester Regional Airport Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Winchester Regional Airport Signature & Date:�� RMQ to � 1 O I U 3 Notice to Winchester Regional Airport — Please Return This Form to the Applicant 21 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 October 15, 2003 ' Mr. Charles E. Maddox, Jr. RE, VP G.W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 ' Winchester. VA 22601 RE: Preliminary Comments - Crosspointe Center Rezoning Proposal Dear Chuck: ' This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Crosspointe Center rezoning proposal, which were submitted on September 12, 2003. The preliminary application package consists of the following principal components: (1) Impact Analysis Statement, to include A Phased Traffic Impact Analysis of Crosspointe Center, dated September 10, 2003, prepared by Patton Harris Rust & Associates, PC; (2) Proposed Proffer ' Statement dated August 27, 2003; and (3) Generalized Development Plan (GDP) dated August 12, 2003. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following ' comments are offered for your records: A. Impact Analysis Statement 1. Please note that the non-residential floor area data provided on the application form does not correspond with the floor.area stated in either the impact analysis statement or Proposed ' Proffer Statement. These figures should be reviewed for accuracy and consistently applied throughout all of the application materials. ' 2. As noted through previous conversations, the northernmost portion of the proposed rezoning area is located outside of the Urban Development Area (UDA). This acreage is located adjacent and north of Hoge Run and is proposed to be rezoned to the RP (Residential Performance) zoning district, as shown on the Generalized Development Plan (GDP). Pursuant to the land use policies of the Comprehensive Policy Plan, suburban and urban ' residential land uses are planned to develop within the UDA wherein the public facilities necessary to accommodate more intensive land uses are either available or planned to expand. (Comprehensive Policy Plan, p. 6-1, 6-5, 6-6) 107 North Kent Street • Winchester, Virginia 22601-5000 i 0 0 • Page 2 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 The RP zoning district allows suburban and urban residential land uses by right. As such, the proposed rezoning of land to the RP district outside of the UDA is inconsistent with the ' land use policies of the Comprehensive Policy Plan. To resolve this inconsistency, the applicant should either (1) revise the proposed rezoning boundary to follow the limits of the UDA, coincident with Hoge Run, or (2) pursue expansion of the UDA to incorporate the portion of the site located north of Hoge Run. If the rezoning area boundary is revised, please ensure that all data impacted by this adjustment is modified throughout the various components of the application package. ' B. Proposed Proffer Statement 1. Land Use 1.2 Residential It is noted that while the maximum number of dwelling units in Crosspointe Center is defined by this proffered condition, there is no limitation concerning the rate of residential development nor is the relationship between the development of residential and non- residential land uses enumerated. The impact analysis statement presents the development program for Crosspointe Center in three distinct phases comprised of both residential and ' commercial land uses. Implied by such phasing for the purposes of impact assessment is that commercial development will occur simultaneously with residential development, thereby ensuring an effective balance of land uses throughout the development cycle. However, the Proposed Proffer Statement does not provide assurance that the coordinated phasing of residential and commercial land uses will occur. In the absence of a defined phasing plan for the land uses in the Proposed Proffer Statement, it is possible that the residential component of Crosspointe Center could advance at a faster pace than the commercial component, potentially reaching residential build out prior to the commencement ' of commercial development. Should such a scenario occur, the advantages of the phasing program suggested in ' the Impact Analysis Statement and assumed by the Fiscal Impact Model would be negated. As described by the South Frederick Land Use Plan (SFLUP), a mixed use area is envisioned to develop with a balance of land uses consisting of both commercial and residential components. Attainment of the desired mix is promoted through control of the residential component, with policy stipulating that residential uses are planned to comprise no more than 75% of the land area of a given mixed use project. There is no policy limitation concerning the amount of commercial land uses in a mixed use project, except that such uses are clearly expected to develop with residential uses in an integrated environment. Page 3 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 (Comprehensive Policy Plan, p. 6-42.4) The majority of the proposed Crosspointe Center site is designated for mixed use development by the SFLUP. Overall, residential uses are proposed to comprise approximately 66% of the total project land area, which is consistent with the mixed use designation. To ensure that a balance of land uses is maintained throughout the development cycle, residential uses should be limited to no more than 75% of the project at any given time. If feasible, it would be appropriate to define the three phases of development delineated in the Impact Analysis Statement within the Proposed Proffer Statement, with the assurance that residential development would proceed incrementally according to the completion of specified thresholds of commercial floor area. The Proposed Proffer Statement specifies that 200 "elderly housing units" will be included in the residential development program of Crosspointe Center. It is recommended that this dwelling unit type be identified more precisely by the corresponding housing type of the RP zoning district, which is presumably single family small lot. The intent of the applicant to limit occupancy of these units to the elderly population may be conveyed by noting in the proffered condition that such housing will be designated to serve the active adult - age restricted market. Please note that Frederick County is not equipped to enforce a proffered condition precluding the development of garden apartment or condominium housing for rental purposes. If such housing is permitted in Crosspointe Center, it is assumed that some units may indeed be available for rent to address market demand. However, multi -family housing is not specified by the rezoning application as a planned housing type in Crosspointe Center and was therefore not included as an assumed land use in the Fiscal Impact Model analysis. Moreover, the proposed proffers expressly identify the residential land uses permitted in Crosspointe Center, which include single family detached dwelling units, townhouse units, and elderly housing units. Thus, multi -family units would not be permitted. It is therefore recommended that the reference to rental garden apartments be either removed from the proposed proffered condition or clarified to indicate that multi -family dwellings are prohibited in Crosspointe Center. 2. Architecture, Signage, and Landscaping 3.1 and 3.2 Both of these proffered conditions stipulate that the development of Crosspointe Center will occur in "substantial conformance" with the requirements of the RP and B2 zoning districts, respectively. It is noted that conformance with ordinance requirements should not be Page 4 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 qualified to suggest that there is a particular level of compliance acceptable to Frederick County other than full and complete. 3.3 The effect of this proffered condition is to communicate that there is no limitation or ' s minimum standard concerning exterior building materials proposed for Crosspointe Center. The proposed proffer language identifies a variety of possible exterior building materials for commercial buildings, but does not offer a commitment to the exclusive use of said ' materials. The value of this condition within the Proposed Proffer Statement as a means of influencing proj ect design is therefore questionable. If the applicant is interested in ensuring building design that achieves a unified and distinctive theme, it is recommended that minimum architectural standards be contemplated as a component of this application. ' 3.5 The applicant has proffered that a comprehensive sign plan will be prepared for the entire Crosspointe Center development, but does not include any such plan with the Proposed Proffer Statement. As a comprehensive sign plan is intended to serve as an enforceable sign program that is unique to a given development, it is generally appropriate that the plan be included with the rezoning application and adopted with the proffer statement. In so doing, ' the comprehensive sign plan becomes the sign ordinance applicable to the development that will be enforced by the jurisdiction in perpetuity. Moreover, as such sign plans generally impose more stringent design standards than the Zoning Ordinance, the potential for successful implementation is substantially enhanced when the alternative standards are enforceable as conditions of a rezoning approval. To be most effective, a comprehensive sign plan should identify acceptable sign styles (i.e. monument type), specify dimensional standards for freestanding and building mounted signs, and stipulate minimum design elements (i.e. materials, lighting) so that a coordinated theme ' can be achieved and maintained throughout the development. 3. Pedestrian Trail System and Recreation Areas ' 4.1 The infrastructure policies of the SFLUP encourage development of bicycle and pedestrian ' facilities as a component of the transportation system for mixed use areas. (Comprehensive Policy Plan, p. 6-42.6) The Proposed Proffer Statement states that a pedestrian trail system will be constructed within the development to link residential and commercial areas. The minimum design standards for this system are not specified by the applicant, thereby leaving the ultimate width and surface treatments) of the proffered trails undefined. Without such information, it is difficult to determine whether the trail system proposed for Crosspointe I - O Page 5 Mr. Charles E. Maddox, Jr., P.E., V.P. Re; Crosspointe Center Rezoning Proposal October 15, 2003 Center will be adequate to accommodate both pedestrian and bicycle traffic as promoted by the SFLUP policies. Additionally, while precise trail location information will be determined during subsequent phases of development review, inclusion on the GDP of the general framework of the system that identifies its central components and linkages would be appropriate. The applicant is encouraged to consider establishing connections with pedestrian systems in adjoining developments in addition to the internal linkages proposed by proffer. 4. Monetary Contributions - CPI Adjustment Frederick County recently accepted a rezoning petition that included a provision for the periodic adjustment of monetary contributions to account for the impact of inflation on the value of said contributions. Specifically, this clause provided for the adjustment of all monetary contributions to reflect the Consumer Price Index (CPI), with such adjustments to occur every twenty four (24) months over the course of the project's development cycle. The employment of such an "escalator clause" is encouraged with all rezoning petitions as a means of ensuring that monetary contributions effectively address targeted impacts. This approach is particularly relevant to large projects that will follow a phased development schedule requiring several years for completion, such as proposed Crosspointe Center. Schools 6.1 It is recommended that the language of this proffered condition clarify that the $3,000 contribution for school purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 6. Parks & Open Space 7.1 It is recommended that the language of this proffered condition clarify that the $500 contribution for recreational purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. F1 I � 1, 1 -, 0 0 • Page 6 ' Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 ' 7. Libraries ' 8.1 It is recommended that the language of this proffered condition clarify that the $100 contribution for library purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 8. Water & Sewer 12.1 It is recommended that this proffered condition specify that all water and sewer infrastructure provided by the applicant will be constructed pursuant to the requirements of the Frederick tCounty Sanitation Authority (FCSA). 9. Transportation Phasing of Improvements As currently proposed, the transportation phasing program proffered by the applicant is not linked to the planned phases of residential and commercial development in quantifiable terms. During a discussion concerning this project with VDOT staff on October 3, 2003, it was generally agreed that a more distinct relationship between land use and transportation phasing would be advisable. It was noted that the most effective phasing method would involve the inclusion of specific development thresholds in the transportation proffers that represent the trigger for each phase of transportation improvements. If residential land uses are ultimately phased by the applicant so that they will not outpace commercial development, the appropriate threshold triggering commencement of a given transportation phase would arguably be commercial floor area. Regarding the completion of phased improvements, it may be appropriate to commit to the full completion of the transportation improvements for a given phase prior to the issuance of the first certificate of occupancy (CO) for said phase, as opposed to the first building permit. This arrangement would enable the applicant to commence development activities while the road system is being developed, but preclude the initiation of land uses (commercial and/or residential activities) prior to the availability of necessary infrastructure to accommodate projected trips. During the October 3`d meeting with VDOT representatives, the proposed Phase One relocation of Tasker Road was identified as necessary prior to the commencement of site I - . -.-1 9 0 • Page 7 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 a 10 development activities to ensure acceptable traffic conditions in the vicinity of the I-81/Rt. 37/Rt.11 interchange. The relocated segment of Tasker Road would serve as the initial means of access to the project for construction traffic and related activities and further provide alternative access to I-81, which would be necessary to enable the required relocation of the northbound interchange ramps. It was therefore recommended that the proposed transportation program provide assurance that the Phase One relocation of Tasker Road will be completed prior to the issuance of the first building permit for the project. As currently written, the proposed transportation program does not provide any assurance that this improvement will be completed prior to the commencement of development activity. Relocation of Northbound Interchange_Ramps Along with the relocation of Tasker Road, the relocation of the northbound I-81 interchange ramps is critical to the effective mitigation of the projected traffic impacts of Crosspointe Center. However, the proposed transportation program does not specifically reference the required relocation of the ramps and further, does not identify responsibility for this improvement. As a Phase One improvement, the relocation for the ramps is expected to be completed prior to the issuance of either the first building permit or certificate of occupancy for the project, depending upon which permitting function is proposed as the enforcement mechanism for completion of each phase. It is recommended that the proposed transportation program expressly identify the relocation or the northbound interchange ramps as a Phase One improvement. It is noted that during the October 3rd meeting, VDOT representatives clarified that improvements to the interchange ramps would not occur as a VDOT project. Therefore, the proposed transportation program should not identify VDOT as a potential funding source for this critical improvement. Crosspointe Boulevard As currently depicted on the proposed GDP, the eastern terminus of proposed Crosspointe Boulevard is planned at its intersection with Warrior Drive, approximately 800 feet west of the project boundary. It is recommended that proposed Crosspointe Boulevard be extended to the eastern limits of the project site to enable its ultimate continuation toward Route 522 via subsequent development proposals. By constructing Crosspointe Boulevard to the project boundary, the applicant would ensure that all segments of this regional transportation improvement would be in place within the project to enable its uninterrupted extension. If amenable, the applicant should delineate this extension on the proffered GDP, and also specify the planned terminus within the proposed transportation program. It is noted that the construction of Crosspointe Boulevard to the eastern limits of the project is critical to facilitating implementation ofthe regional transportation program envisioned by the SFLUP. Design of Proposed Improvements It is recommended that the proposed transportation program include greater specification I� �.- '', 0 0 J 11 1P Page 8 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 concerning the design of planned transportation improvements. In addition to identifying right-of-way widths, the program should include technical specifications that are deemed appropriate by VDOT to ensure that the ultimate form and function of proposed improvements are appropriate. Specifically, the number of lanes to be constructed by phase for a given road segment should be specified, and are expected to be consistent with the configuration assumptions utilized in the Traffic Impact Analysis for Crosspointe prepared by Patton, Harris, Rust & Associates. It is recognized that Crosspointe Boulevard, Tasker Road, and Warrior Drive will all serve as maj or transportation corridors within Frederick County, accommodating both regional and local traffic with diverse destinations. Special attention to the design of these corridor areas is essential to achieving the distinctiveness of appearance anticipated with a high visibility project such as Crosspointe Center. The applicant is therefore encouraged to consider including specific design treatments for these major improvements within the proposed transportation program. In particular, constructing each ofthe referenced roads as traditional boulevard sections with raised medians and enhanced landscaping would be desirable. Should such road design be used within Crosspointe Center, it is recommended that the transportation program reference VDOT minimum standards for design of typical boulevard components (i.e. raised medians). It is noted that Warrior Drive is currently being designed as a divided boulevard section with median landscaping as it proceeds north through the Wakeland Manor development. Thus, it would be appropriate to continue this design standard as Warrior Drive extends through Crosspointe Center. The proposed transportation program does not specify any access limitations concerning the principal roadways planned for Crosspointe Center. The transportation policies of the Comprehensive Policy Plan indicate that direct access to arterial and collector roads should be limited. (Comprehensive Policy Plan, p. 7-4) It is recommended that the proposed transportation program expressly enumerate access limitations for Tasker Road, Warrior Drive, and Crosspointe Boulevard. The employment of corridor buffers adjacent to the principal roads within Crosspointe Center would also serve as an effective design enhancement. Such buffers may contain enhanced landscaping, structural features such a decorative walls, monument style entrance signs, and pedestrian or "hikeribiker" trails. Coupled with the recommended boulevard design of the major roads, corridor buffers would achieve a distinctive aesthetic quality for Crosspointe Center befitting its regional importance as a commercial destination. • E ' • Page 9 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 IC. Generalized Development Plan 1. It is recommended that the proposed GDP include delineation of environmentally sensitive areas identified by the SFLUP that are to be conserved through the development of Crosspointe Center. The applicant is encouraged to precisely identify protected environmental areas both on the GDP and through the text of the final proffer statement. Moreover, the historic resources that are proffered to be preserved by the applicant should be identified on the GDP. t2. The proposed transportation program references that Crosspointe Boulevard will be expanded to a four lane section as a Phase Three improvement, yet the GDP depicts this proposed road only as a two lane section. Please ensure that proposed improvements are shown on the GDP as described in the Proposed Proffer Statement. 3. Please include depictions of any landscaped or buffer areas identified in the Proposed Proffer Statement on the GDP. If such areas are proposed, the depictions on the GDP should be referenced as guides for implementation via subsequent land development applications. 4. It is recommended that the GDP include a tablespecifying the residentia l and commercial development planned for Crosspointe Center by phase. Such a table should identify the ' specific housing types proffered to comprise the residential program for each phase and further delineate the planned use of the commercial floor area as either office or retail/general commercial. 5. The planned land use for areas " P proposed for RP zoning should be identified as residential ' or "residential, mixed housing types" rather than "mixed use." D. Review Agency Comments ' Please ensure that review comments from the following agencies are obtained and submitted with the final application: Frederick County Attorney, VDOT, Historic Resources Advisory Board, Public Works, Fire Marshal, Fire and Rescue - First Responder, Frederick County Sanitation Authority, Frederick -Winchester Service Authority, Superintendent of Frederick County Public Schools, Winchester Regional Airport, and the Frederick County Department of Parks and Recreation. The subject rezoning petition will be scheduled for the next available Planning Commission agenda upon receipt of the following: (1) signed application form with all of the above referenced review agency comments; i Page 10 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 (2) final proffer statement that is signed by the property owner and notarized; (3) final impact analysis statement; and, (4) completed Special Limited Power of Attorney form (attached). Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Y e" Christopher M. Mohn, AICP Deputy Planning Director CMWbad Attachment cc: John Foote, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC Alice Haase, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC Eric R. Lawrence, AICP, Planning Director Abbe S. Kennedy, Senior Planner Jerry Copp, Virginia Department of Transportation Ben Lineberry, Virginia Department of Transportation Lloyd Ingram, Virginia Department of Transportation UAChris\Common\Rezoning\Prelim Comments\Crosspointempd • Rezonin2 enCommts Crossnointe IFrederick County Department of Inspections Mail to: ' Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5643 4 r I* Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4th Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 FDepartment of Inspections Comments: /rY L� C U M 1114 1FAI 2 C� 1 I i l I l S i A/i�cniv1� 4121VEAAA/ 6R�L���IVICIr�N Elie rks Signature & Date:otice to Dept. of Insp ons — Please Return This Form the Ap licant 1 t A 1 10 Rezoning Comments Crosspointe Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr.. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Fred-MQ ice Authority's Comments: Set mm . Fred -Wine Service A h rity's Signature & Date: UAAA, 9 25 03 Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant r 9 LI 11 11 11 11 11 4 11 11 11 11 11 Rezoning Comments Crossnointe Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 County Attorney's Comments: i , NngfAl' 7� � Assistant County Attorney's Signature & Date: �/1-4111�s 7 Rezoning Comments Crosspointe Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Sanitation Authority Comments: Sanitation Authority Signature & Date:C2 v' Notice to Sanitation Aut� — Please Return This Form to the Applicant 16 0 0 § 90-3 FREDERICK COUNTY CODE § 90-4 PRIVATE DWELLING — The same as a "dwelling." PRIVATE ROAD — The same as a private street. PRIVATE STREET — Any accessway normally intended for vehicular use in the movement between points within a building site area or between a building site and a street. ROADWAY — Any street, private street or fire lane. STANDPIPE — A pipe and attendant hose valves and hose, (if provided) used for conveying water to various parts of a building for fire -fighting purposes. STORY — That portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. STREET — A public thoroughfare (street, avenue or' boulevard) which has been dedicated for vehicular use by the public and can be used for access by Fire Department vehicles. STRUCTURE — Any building, monument or other object that is constructed with the ground as its foundation or normal resting place. ' SUPERVISED AUTOMATIC FIRE -EXTINGUISHING SYSTEM — Any automatic fire -extinguishing system which is constantly monitored so as to determine its operating condition at all times. § 90-4. General requirements. The following requirements shall apply to all construction or land ' development activities in areas of the county served by public or private water distribution systems consisting of water mains and hydrants: rA. Means of access for Fire Department apparatus. (1) The means of access for Fire Department apparatus shall consist of fire lanes, private streets, streets, parking lot lanes or a • combination thereof. 9004 § 90-4 FREDERIC K COUNTY CODE § 90-4 (1) At least three (3) perimeter walls of all industrial, commercial, rpublic or semipublic or residential structures with three (3) or more dwelling units per structure shall be within two hundred ' (200) feet of an approved fire lane or street. (2) Structures exceeding30 feet in height shall not be set back more than fifty (50) feet from a street, fire lane or private street. (3) When any combination of private fire protection facilities, including but not limited to fire -resistive roofs, fire separation walls, space separation and automatic fire -extinguishing systems, is provided and approved by the Chief Building Official as an acceptable alternative, Subsection D(2) shall not apply. (4) The Director of Planning and Development, in concert with the local volunteer fire company, may require at least two (2) means of access for fire apparatus to all commercial and industrial ' structures. Those accessways shall meet the requirements of Subsection B(3). (5) Landscaping or other obstructions, shall not be placed around impair impede structures or hydrants in a manner so as to or accessibility for fire -fighting and rescue operations. E. Water supply. (1) Water supply systleastems o as tbe capable onestholusande(1g,000)sgallons supplying at minute at twenty (20) pounds per square inch. r(2) In areas developed with single-family detached or duplex dwelling units, there shall be a fire hydrant within four hundred (400) feet of all units. In areas developed with three (3) to five (5) dwelling units per structure, there shall be a hydrant within three hundred (300) feet of all units. In areas developed with six (6) or more ' dwelling units per structure, there shall be at least two (2) hydrants within three hundred (300) feet of all units. In areas developed with industrial or commercial development(s), there ishall be a hydrant within three hundred (300) feet of all portions of any structure. Where one (1) hydrant is dedicated to the operation of a standpipe system, there shall be at least one (1) other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the standpipe system • 9006 . MEANS OF ACCESS :' ' • 1141-5 r u 1 L� V I's Height. As applied to a building, the vertical distance from the adjacent ground elevation to the average elevation of the roof of the highest story. Jurisdiction. Any governmental unit or political division or subdivision including but not limited to township, village, bor- ough, parish, city, county, state, commonwealth, province, freehold, district, or territory over which the governmental unit exercises power and authority. Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an orga- nization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains peri- odic inspection of production of labeled equipment or mate- rials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. Lasted.* Equipment, materials, or services included in a list published by an organization that is acceptable to the author- ity having jurisdiction and concerned with evaluation of prod- ucts or services, that maintains periodic inspection of production of listed equipment or materials or periodic eval- uation of services, and whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose. Means of Access. The method.by which entry or approach is made by emergency apparatus to, for example, roadways, fire lanes, and parking lots. Municipal -Type Water Systems. A system having water pipes servicing hydrants and designed to furryish, over and above dotile501C consumption, a minimum of 250 gpm (950 L/min) at 20 psi (137.9 kPa) residual pressure for a 2-hour duration. Planned Building Groups. Multiple structures constructed on a parcel of land, excluding farmland, under the ownership, control, or development by an individual, a corporation, a partnership, or a firm. Private Street. Anv accessway normally intended for vehic- ular use not dedicated as a public street. Public Street. A thoroughfare that has been dedicated for vehicular use by the public. Roadway. Any public or private street, including bridges. Shall. Indicates a mandator requirement. Should. Indicates a recommendation or that which is advised but not required. Standpipe.* A pipe and attendant hose valves and hose (if provide(!) used for conveying water to various parts of a build- ing for lire -fighting purposes. Storv. That portion of it building between the tipper sur- face of the floor and the upper surface of the next floor or roof above. Structure. That which is built or constructed, an edifice or building of any kind. or any piece of work artificially built up or composed of parts joined together in some definite man- nel'. Chapter 3 Plans 3-1* Plans. As a minimum, the authority having jurisdiction shall require anyone proposing to develop a planned building group to submit preliminary, working, and as -built plans. 3-1.1 * Preliminary Plans. All preliminary plans, when sub- mitted, shall contain a site plan showing proposed water sup- ply, roadway access, fire department access, and other items pertinent to the specific project The authority having jurisdic- tion shall make recommendations to the submitter based on the preliminary plans to assist in developing the working plans, which shall then be submitted to the authority having jurisdiction for approval. 3-1.2 Working Plans. Working plans, drawn to scale and signed by a licensed architect or engineer, shall be accurate and shall illustrate the final design of items required by this standard. 3-1.3 As -Built Plans. Drawings showing items listed in 3-1.1, building floor plans, and fire protection systems, as built, shall be submitted to the fire department having jurisdiction upon completion of the project. Chapter 4 Means of Access 4-1 * General. 4-1.1 Means of access for fire department apparatus shall con- sist of roadways, fire lanes, parking lot lanes, or a combination thereof, and shall be provided to all structures. 4-1.2 Access to the property of the planned building group shall be provided by a minimum of two distinctly separate routes of ingress and egress, each located as remotely from the other as possible. 4-2 Roadways. 4-2.1 Roadways shall be constructed of a hard, all-weather sur- face designed to support adequately the heaviest piece of fire apparatus likely to be operated on the roadway. 4-2.2 Every dead-end roadway more than 300 ft (92 m) in length shall be provided at the closed end with a turnaround having not less than a 120-ft (37-m) outside diameter of trav- eled way. 4-2.3* Roadways shall have a minimum clearance of 12 ft (3.7 m) for each lane of travel, excluding shoulders and parking. Provisions shall be made for factors that could impinge on the minimum width, for example, drainage, snow removal, parking, and utilities. 4-2.4 Grades shall be not more than 10 percent. Exception: Steeper grades shall be permitted by the authority having jurisdiction where mitigation measures can be agreed upon jointly by the f re and road engineering departments. 4-2.5 Grades shall be not less than 0.5 percent in order to pre- vent pooling of water in a traveled way. 4-2.6* Landscaping or other obstructions placed around structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 1998 Edition 1141-6 FOROTECTION IN PLANNED BUILDING GROUPS 4-2.7 Any secondary road intersecting with another road shall 4-4.6 The clear opening provided through gates shall be 2 ft be sloped 1 to 3 percent down and away from the intersection (0.61 m) wider than the traveled way. for a distance of 100 ft (30 m) from the intersection. 4-2.8* At least 13 ft 6 in. (4.4 m) nominal vertical clearance shall be provided and maintained over the full width of all means of access. 4-2.9 Turns in roadways shall maintain the minimum road width. 4-2.10* Turns in publicly owned or privately owned major feed roadways shall be constructed with a minimum radius of 100 ft (30 m) to the centerline. 4-3 Parking Lots. 4-3.1 The minimum lengths of parking lot stalls as measured from the end of the stall and the minimum aisle widths shall be as shown in Table 4-3.1. Table 4-3.1 Parking Lot Stall Dimensions Minimum Stall Lengths Minimum Aisle Width (one-way traffic flow) Minimum Aisle Width (two-way traffic flow) 27.5 ft (8.2 m) for 45 degree parking 16 ft (4.9 m) 24 ft (7.4 m) 23.7 ft (6.6 m) for 60 degree parking 16 ft (4.9 m) 24 ft (7.4 m) 20.9 ft (6.2 m) for 75 degree parking 23 ft (7.0 m) 24 ft (7.4 m) 18.5 ft (5.6 m) for 90 degree parking 26 ft (8.0 m) 26 ft (8.0 m) 4-3.2 Parking lot lanes adjacent to any building shall provide a travel lane with 16 ft (4.9 m) clear width if traffic flow is one- way and 24 ft (7.4 m) clear width if traffic flow is two-way. 4-3.3 The minimum turning radius for parking lot lanes nec- essary for fire department apparatus access shall be deter- mined by the authority having jurisdiction. 4-4* Fire Lanes. 4-4.1 Fire lanes shall be provided as required by the fire department having jurisdiction and in keeping with the requirements of this section. 4-4.2 Fire lanes providing one-way travel shall be a minimum of 16 ft (4.9 m) in width. Fire lanes with two-way travel shall be a minimum of 24 ft (7.4 m) in width. 4-4.3 Turns in fire lanes shall be constructed with a minimum radius of 25 ft (7.6 m) at the inside curb line and a minimum radius of 50 ft (15.2 m) at the outside curb line. 4-4.4 Fire lanes connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 4-4.5 The designation, design, and maintenance of fire lanes on private propern• shall be approved by the authority having jurisdiction. 4-4.7 All gates shall be located a minimum of 30 ft (9.2 m) from the public right-of-way and shall not open outward. 4-4.8 Fire department personnel shall have ready access to locking mechanisms on any gate restricting access to a fire lane. 4-4.9* Appropriate no parking signs shall be posted in accor- dance with the instructions of the fire department having jurisdiction, and a method of enforcing such provisions shall be provided. 4-4.10 At least 13 ft 6 in. (4.1 m) nominal vertical clearance shall be provided and maintained over the full width of a fire lane. Chapter 5 Location of Structures 5-1 Means of Access. 5-1.1 At least one approved means of access shall be provided to each structure or other nonstructural fire hazard within the planned building group. For structures or other nonstructural fire hazards exceeding two stories or 30 ft (9.2 m) in height above average adjacent ground level, not less than two approved separate means of access shall be provided. 5-1.2 Structures exceeding 1000 ft2 (102.5 m2) gross floor area shall be required to be within 50 ft (15.4 m) of an approved means of access. Exception No. 1: Structures shall be within 200 ft (60 m) of an ap- proved means of access where the structure is less than 30 ft (9.2 m) in height and protected by an automatic sprinkler system installed in ac- cordance with NFPA 13 Standard for the Installation of Sprinkler Systems; 1VFPA 13D, Standard for the Installation of Sprinkler Sys- tems in One- and Two Family Dwellings and Manufactured Homes; or N PA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. Exception No. 2: Where any combination of private fire protection sys- tems, including but not limited to fire -resistive roofs, fire separation walls, space separation, and automatic fire -extinguishing systems, is provided and approved by the authority having jurisdiction as an ac- ceptable alternative, waivers to the provisions of 5-1.2 shall be permit- ted. 5-1.3* Structures exceeding two stories or 30 ft (9.2 m) in height above average adjacent ground level shall have at least 25 percent of one side not more than 30 ft (9.2 m) from an approved means of access. At least 25 percent of one other side shall be not more than 50 ft (15.4 m) from an approved means of access. Both of these sides shall have a means of entry into the structure adjacent to the means of access. 5-2 Structure Separation. If two structures are part of the same planned building group and either of them exceeds two stories or 30 ft (9.2 m) in height above average adjacent ground level, they shall be separated from each other by at least 50 ft (15.4 m) and shall be at least 25 ft (7.6 m) from a property line. All other structures shall be separated by at least 20 ft (6.1 m) from another structure and shall be at least 10 ft (3.0 m) from a propern• line. 1998 Edition 0, WATER SUPPLY 1141-7 Chapter 6 Fire Protection 6-1 Automatic Fire Protection. 6-1.1 Automatic fire extinguishing systems shall be required as set forth in the applicable NFPA code or standard for the intended occupancy of the structures or as otherwise required by the authority having jurisdiction. All such systems shall be installed in accordance with the applicable NFPA standard or code for the type of fire extinguishing system installed. (See Appendix B.) 6-1.2 Any residential building containing more than two resi- dential living units shall have an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installa- tion of Sprinkler Systems, or NFPA 13R, Standard for the Installa- tion of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, whichever is appropriate. 6-1.3* If mounted on the building they serve, fire depart- ment connections for sprinkler systems shall be located not less than 100 ft (30.8 m) nor more than 200 ft (61.6 m) from a fire hydrant. If such connections are located at least 100 ft (30.8 m) from the building they serve, they shall be located not more than 50 ft (15.4 m) from a fire hydrant. The location of the fire department connection shall be determined by the authority having jurisdiction. 6-2 Manual Fire Protection. 6-2.1* All structures four or more stories or over 50 ft (15.4 m) in height above adjacent ground elevation with intermeftiate stories or balconies shall be equipped with a standpipe system in accordance with the provisions of NFPA 14, Standard for the Installation of Standpipe and Hose Systems. If mourired on the side of the building the), serve, fire department connections for standpipe systems shall be located not less than 100 ft (30.8 m) nor more than 200 ft (61.6 m) from a fire hydrant. If such con- nections are located at least 100 ft (30.8 m) from the building they sere, they shall be located not more than 50 ft (15.4 in) from it fire hydrant. The location of the fire department stand- pipe connection shall be determined by the authority having jurisdiction. Exception: This section shall not apphy to industrial process structures where the life or property of others is not imperiled by fire or explosion. 6-2.2* Portable fire extinguishers shall be installed in accor- dance with NFPA 10, Standard for Portable Fire Extinguishers. In addition, in buildings containing more than two dwelling units, a portable fire extinguisher, accessible from an exit and having it minimum rating of 2 A:10-B:C, shall be provided in each dwelling unit. 6-3 Automatic Fire Warning Systems. 6-3.1 For residential structures containing fewer than six liv- ing units, an approved single -station smoke detectors) or an approved automatic detection system shall be installed in each dwelling unit in accordance with the applicable provisions of NFPA 72, National Fire Alarm Code'. 6-3.2 For all other structures exceeding 1000 ftz (102.5 m1) gross floor area, an approved fire warning or alarm system shall be installed in accordance with the applicable NFPA code or standard for the intended occupancy of the structure. Such systems shall retransmit an alarm. Alarms or warning sys- tens shall be tested and maintained in accordance with the applicable NFPA code or standard or as required by the authority having jurisdiction. Chapter 7 Water Supply 7-1 General. 7-1.1 Water supply systems not publicly owned and installed shall meet the minimum requirements of NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurte- nances, where no recognized water supply distribution exists. 7-1.2 Private fire service mains and hydrants shall be installed to meet the requirements of NFPA 24, Standard for the Installa- tion of Private Fire Service Mains and Their Appurtenances. 7-1.3 Where other fire -fighting water supply systems are estab- lished by the authority having jurisdiction, they shall not be less than the requirements of NFPA 1231, Standard on Water Supplies for Suburban and Rural Fire Fighting 7-1.4 Fire hydrants shall be marked in a uniform manner, as designated by the authority having jurisdiction. 7-1.5 Fire hydrants located in parking areas shall be protected by barriers that will prevent physical damage from vehicles without obstructing hydrant operation. 7-1.6 Fire hydrants shall be located within 3 ft (0.9 m) of the curb line of the means of access unless the authority having jurisdiction determines another location is more acceptable for fire department use. 7-1.7* Threads on fire hydrant outlets shall be American National Fire Hose Connection Screw Threads and shall be equipped with thread adapters where local fire department thread is different.. . 7-1.8* Water sources shall be located such that the high- est required fire flow, but in no case less than 250 gpm (950 L/min), can be established and maintained within a time period approved by the authority having jurisdiction. 7-2 During Construction Phase. 7-2.1 When the infrastructure is being installed, and prior to the location and construction of buildings or portions thereof, the water supply for fire protection, either temporary or per- manent and acceptable to the authority having jurisdiction, shall be made available prior to delivery of combustible mate- rials. 7-2.2 When the infrastructure is being installed, and prior to the location and construction of buildings or portions thereof, fire hydrants shall be installed at a spacing not to exceed 660 ft (200 m) of vehicle travel distance. Where build- ings are proposed, the authority having jurisdiction shall require additional hydrants and closer spacing where build- ing size, use, construction, and lack of built-in fire protection mandate. 7-2.3 Prior to the construction of buildings or portions thereof, all site plans shall be reviewed. At this time the author- ity having jurisdiction shall review the fire flow required and designate spacing of hydrants according to the following schedule: (a) There shall be at least one hydrant within 300 I't (92 in) of any building at a location acceptable to the authority hav- ing jurisdiction. 1998 Edition 1141-8 16 PROTECTION IN PLANNED BUILDING GROUO 1 (b) No portion of the exterior walls of the building shall be more than 200 ft (61.6 m) from a hydrant, where vehicu- lar access is provided. (c) Additional hydrants shall be provided to meet the remaining fire flow, if necessary. (d) In areas of one- and two-family dwellings, hydrants shall be located a maximum of 660 ft (200 m) vehicle travel dis- tance apart. Exception: Where conditions are such that items (a) through (d) are impractical to achieve, the authority having jurisdiction shall consider reasonable substitutions meeting the intent of this section, provided ad- equate fire protection is maintained. 7-3 Areas with Municipal -Type Water Systems. 7-3.1 For a required fire flow exceeding 1500 gpm (5700 L/min), the water supply system shall be capable of deliver- ing that fire flow for at least 2 hours at 20 psi (137.9 kPa). For all other required fire flows, the water supply system shall be capable of delivering the required fire flow for at least 1 hour at 20 psi (137.9 kPa). 7-3.2 Fire hydrants shall be supplied by not less than a 6-in. (15-cm) diameter main installed on a looped system or by not less than an 8-in. (20-cm) diameter main if the system is not looped or the fire hydrant is installed on a dead-end main exceeding 300 ft (92 m) in length. 7-3.3 Dead-end mains shall not exceed 600 ft (184 m) in length for main sizes under 10 in. (25 cm) in diameter. 7-4 Acceptance. The contractor or installer of water supply systems in planned building groups shall demonstrate by actual test that the capacity of the water supply system will meet fire protection design requirements. Such tests shall be certified by the fire department and other authorities having jurisdiction. Chapter 8 Structural Requirements 8-1* Building Code. Construction of each structure shall comply with the building code requirements of the jurisdic- tion. 8-2 Planned Building Groups Adjacent to Wildland Fuels. 8-2.1 Vents. Vents shall be screened with a corrosion-resis- tam, noncombustible wire mesh not more than 1/4 in. (0.64 cin) nominal in size. 8-2.2 Overhanging Projections. Porches, decks, patios, balco- nies, and similar undersides of overhangs shall be constructed of heavy timber, as defined by local building codes, 1-hour fire -resistive material, or noncombustible construction. 8-2.3 Overhanging Buildings. The underside of overhanging buildings shall be constructed with material of heavy timber, as defined by local building codes, 1-hour fire -resistive mate- rial, or noncombustible construction. 8-2.4 Exterior Vertical Walls. Exterior vertical wall coverings shall be constructed of at least 1/2-in. (1.3-cm) nominal sheathing or equivalent material. 8-3 Common Walls. Common walls between dwelling or commercial units shall be constructed to provide a fire resis- tance rating of not less than 1 hour. 8-4 Vehicle Storage. Vehicle storage areas shall be separated from living areas by walls and ceilings constructed to provide a fire resistance rating of not less than 1 hour. 8-5 Roof Coverings. 8-5.1 * Only listed fire -retardant roof covering assemblies shall be used. 8-5.2 Roof coverings shall be a Class C listed or better fire - retardant roofing assembly. Chapter 9 Fire Protection During Construction 9-1 * General Requirements 9-1.1 Protection shall not be less than that required by the fire department having jurisdiction. 9-1.2 Fire department vehicular access to all structures under construction shall be provided at all times. In areas where ground surfaces are soft or likely to become soft, hard all- weather surface access roads shall be provided. 9-1.3 Trash and debris shall be removed from the construc- tion site as often as necessary to maintain the site in a fire -safe manner. 9-1.4 Flammable or combustible liquids shall be stored, han- dled, or used on the construction site in accordance with the applicable provisions of NFPA 30, Flammable and Combustible -,-Liquids Code; NFPA 58, Liquefied PetroLeum Gases Code; and NFPA 395, Standard for the Storage of Flammable and Combustible Liquids at Farms and Isolated Sites. 9-1.5 At least one portable fire extinguisher having a rating of at least 4-A:30-B:C shall be within a travel distance of 75 ft (23 m) or less to any point'of a structure under construc- tion. Personnel normally on the construction site shall be instructed in the use of the fire extinguishers provided. Chapter 10 Referenced Publications 10-1 The following documents or portions thereof are refer- enced within this standard as mandatory requirements and shall be considered part of the requirements of this standard. The edition indicated for each referenced mandatory docu- ment is the current edition as of the date of the NFPA issuance of this standard. Some of these mandatory documents might also be referenced in this standard for specific informational purposes and, therefore, are also listed in Appendices B and C. 10-1.1 NFPA Publications. National Fire Protection Associa- tion, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269- 9101. NFPA 10, Standard for Portable Fin Extinguishers, 1998 edi- tion. NFPA 13, Standard for the Installation of Sprinkler Systems, 1996 edition. NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes, 1996 edition. NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 1996 edition. NFPA 14, Standard for the Installation of Standpipe and Hose Systems, 1996 edition. .1 � r I 1998 Edition I • Rezoning Comments Crosspointe Frederick — Winchester Health Department Mail to Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Frederick— Winchester Health Department's Comments: , CC C .. is a f e % !�j q 5 ce- h C ct GevJo joit- �I5 -4IC2 LaA,-+tC .tL/ L✓q.-iv/�eL_CL Signature & Date: �ffSS G `j l�. o Notice to Health Department — Please Return This Form to the Applicant 17 Crosspbinte Center Impact Analysis Statement Section II Executive Summary Crosspointe Center A. Project Background and History Impact Analysis Statement Crosspointe is an assemblage of eight different tracts acquired by the Applicant over the past thirty-five years. It includes the 303-acre "Stiles" tract, the 250-acre `Burleson" tract, and the 87-acre "Carriebrooke" tract. The Property is located in central Frederick County, within the Urban Development Area. Historically the Property was utilized for agricultural purposes, however, no agricultural uses exist today except grazing lands. As is true throughout the Shenandoah region, the Property contains some features associated with the Civil War, and in particular, Camp Russell and the Hilandale House. "Camp Russell" is known as an encampment constructed in 1864 as part of the Union's Valley Campaign, led by General Sheridan. Hilandale House, initially constructed in the late 1700's, was occupied during that campaign by the Union forces. Although Hilandale is not listed on the State or National Register of Historic Places, it has been preliminarily reviewed by the Department of Historic Resources as a property possibly eligible for such listing. In a large measure, the Property was attractive for agricultural use due to the presence of two major streams that flow through the property - the Opequon Creek to the south and Hoge Run to the north. Today, however, the Property is extremely desirable for commercial and ' residential development because of its central location within the UDA and Frederick County, as well as its proximity to Stephens City and existing subdivisions such as Lakeside Estates, Mosby ' Station, The Camp, The Guards, Wakeland Manor, Frederick Woods and Cantor Estates, the ' availability of nearby water and sewer facilities, and major thoroughfares, including Interstate 81 and Va. State Route 37 (See "Figures 1 and 2"). I I 1 L Crosspointe Center Impact Analysis Statement The Comprehensive Plan for Frederick County envisions intensive development within the Urban Development Area. In keeping with that vision, the Applicant proposes a mixed -use rezoning to Residential Performance ("RP") and Business General Districts ("B-2") for the Property. The 25-acre commercial area containing the historic Hilandale House is proposed for rezoning to the B-2 designation, but Hilandale House itself will be preserved. Because of the project's scale, the Applicant anticipates three phases of development over a period of 10 or so years. At full build -out, the proposed Crosspointe Center development will contain an approximate total of 960,000 square feet of commercial area, consisting of 110,000 square feet of existing B-2, 750,000 square feet of retail area and 100,000 square feet of office and other commercial use. The 1,578 proposed residential units will include a variety of those mixed housing dwelling units allowed under the RP zoning regulations. Truly a mixed -use development, during the first phase the Applicant anticipates construction of a 220,000 square foot community shopping center complex to be anchored by a grocery store, and approximately 260,000 square feet of general commercial use. During that initial phase the Applicant also proposes a mix of 616 dwellings, of which 100 shall be age -restricted units. Those portions of the intended residential development are to be located in two land bays to the north of the shopping center, bounded to the south by both Tasker Road and Hilandale Lane. Timing of the phases will depend upon many factors, and particularly, transportation improvements. Therefore, pending certain transportation improvements as described herein, the Applicant's proposal for Phase II consists of no less than another 70,000 square feet of retail area, and 513 mixed housing types, including another 100 age -restricted units. Once Phase II is completed, there would be 550,000 square feet of commercial area, with a minimum of 290,000 square feet dedicated to retail usage, and 90,000 dedicated to office uses. The remainder of the Crosspointe Center Impact Analysis Statement project would be constructed in Phase III and would include 310,000 square feet of retail and 100,000 square feet of office area. Residential development in that phase will include another 449 dwelling units. The project phasing and density is summarized on Table 1 and Table 2. Access to utilities is integral to Urban Development Area growth, and major utility access to the proposed project is plentiful. Water is available from the 20" FCSA water transmission main, sewer service from the 18" FCSA sewer line to the HP Hood and the Kernstown areas, and gas from the Shenandoah Gas primary main that serves Frederick County. Numerous electric and telephone service locations within and surrounding the site are likewise available. Proposed realignments and extensions of existing roads will connect at Crosspointe to provide alternate travel routes in the area, and consequently mitigate traffic congestion. Interstate 81 and Route 37 from an interchange immediately west of the site; in fact, the existing Interstate 81 alignment bisected the former Burleson tract, resulting in residual parcels at all four quadrants of the interchange. Tasker Road (Va. State Route 642) traverses the western boundary of the Property and also provides access to the Shenandoah Gas and Verizon facilities to the north. (See Figure 3). When the County adopted the Eastern Road Plan, it selected the Stiles tract as the primary location for an interchange between Warrior Drive and the formerly proposed Route 37 extension. That selection laid the road network foundation necessary for the future development of a significant economic development hub in the County, similar to the commercial areas already established in the City of Winchester. However, to date, Frederick County has continued to lag far behind the City of Winchester in the development of retail commercial facilities, thereby losing a generous and substantial source of tax base and revenue that typically • E7 A Crosspointe Center Impact Analysis Statement accompanies such development. Moreover, even though residential development has proliferated from the south of the Property to Stephens City in the past few years, little, if any, commercial development has occurred within that same area. Because of its locational attributes, it is not surprising that County planners envision this site as a major shopping district to serve not only the planned urban and rural areas of Frederick County, but also the region. The potential widespread demographics of a regional customer base allows Crosspointe developers the opportunity to attract major anchors now lacking in the City and County, and to generate new and significant sources of desirable tax revenue. The rezoning petition contained within this document proposes a development composed of substantial retail and commercial segments, consistent with the County's Comprehensive Plan. The project, by virtue of its size alone, is necessarily a mixed -use development that is master planned for "Smart Growth" in Frederick County. In fact, the controlled and planned manner of the various land uses is an integral component of "Smart Growth." Other Smart Growth strategies implemented in this proposal include, but are not limited to, provision of various housing types, coordination and connectivity of existing transportation infrastructure, and perhaps most importantly, the concentration of jobs and homes within one cohesive community. Overall, upon completion the proposed Crosspointe development would meet many Comprehensive Plan goals: • Protect the historic resources in Frederick County. • Provide for a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population. J Crosspointe Center Impact Analysis Statement • Support a business climate conducive to economic activity and orderly economic growth. • Provide support to travel and tourist related activities. • Provide for development according to the capacity of the natural environment to carry that development. • Develop land according to the characteristics of the land and the facilities available. • Develop land in accordance with standards that provide for appropriate quality of development. • Confine urban forms of land development to the Urban Development Area. • Provide efficient and environmentally sensitive use of land in the Urban Development Area. • Provide sufficient land and a diversity of locations for a wide range of suburban housing types. • Provide for livable, high quality suburban residential neighborhoods. • Provide sufficient land and a diversity of locations for business and industrial uses. • Carefully locate and limit business and industrial areas to avoid conflicts with other uses and to avoid traffic impacts. • Provide for quality business and industrial areas. • Ensure that business corridors develop in a manner which is attractive, functional, and reflects positively on the community. • Ensure that corridors develop in a fashion that is sensitive to environmental, visual, and transportation impacts. • Crosspointe Center Impact Analysis Statement • Ensure that a satisfactory level of service for turning movements is provided along business corridors. • Provide key economic development sites. • Allow large-scale new communities that are creatively and appropriately designed to provide the highest possible quality of development. • Provide a safe and efficient road system throughout the County. • Coordinate land use planning and decisions with transportation planning. • Provide for adequate and safe pedestrian and bicycle travel. • Provide appropriate services and facilities to serve planned land uses and development. • Ensure that appropriate open space and recreational facilities are provided in urban and rural areas. In summary, the Applicant has assembled the Property, and with the current increased population base within the area, now proposes a regional commercial center as well as new and varied housing opportunities for young and old citizens currently within and outside of Frederick County. Confronted with limited retail resources, County citizens are now forced to shop in the City of Winchester or other places outside of the County to fulfill their shopping needs. Those shopping patterns, combined with the normal and expected growth in the region, create excellent demographic and economic conditions for the development of Crosspointe, and thus, generation of tax revenue for the County. Approval of Crosspointe, with its commercial services and • Crosspointe Center Impact Analysis Statement attendant residential uses, will enable the County to implement many Comprehensive Plan goals by planning for and locating anticipated growth within the Urban Development Area. CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Area and Development Summary 8/12/2003 rev 10-22-03 Proposed PHASE 1 Zone Acres Phase Area Total Retail Commercial -SF B-2 Office Commercial -SF B-2 Ex. Commercial Zone(retail)-SF B-2 Mixed Housing Dwelling Units-Ac RP Age restricted Dwelling Units-Ac RP FAR Commercial DPA Residential Overall Residential Density (Note:Density include Road Dedication) PHASE 2 PHASE 3 TOTALS FAR/DPA Cuantity Acres Quantity Acres Quantitv Acres Quantity 225.16 131.35 217.86 574.37 76.14 370000 14.62 70000 62.91 310000 153.67 750000 0.00 0 0.00 0 21.95 100000 21.95 100000 16.95 110000 0.00 0 0.00 0 16.95 110000 112.07 516 97.23 413 133.00 449 342.30 1378 20.00 100 19.50 100 0.00 0 39.50 200 225.16 131.35 217.86 574.37 0.11 0.11 0.11 0.11 4.66 4.39 3.38 4.13 2.74 3.91 2.06 2.75 Total Residential DU 616 513 449 1578 Total Commercial Floor Space 480000 70000 410000 960000 Table 1 0.11 0.10 0.15 4.03 5.06 v.5.0 0 • Crosspointe Center Accumulated Data by Phase 18-Aug rev 10-22-03 Phase Area Total Retail Commercial -SF B-2 Office Commercial -SF B-2 Ex. Commercial Zone(retail)-SF B-2 Mixed Single Family Res.lots-Ac RP SF Small Lot -age restricted-Ac RP FAR Commercial DPA Residential Overall Residential Density (Note:Density include Road Dedication) Percent Residential to Total Land Total Residential DU Total Commercial Floor Space PHASE 1 PHASES 1&2 PHASES 1,2&3 225.16 356.51 574.37 76.14 370000 90.76 440000 153.67 750000 0.00 0 0.00 0 21.95 100000 16.95 110000 16.95 110000 16.95 110000 112.07 516 209.30 929 342.30 1378 20.00 100 39.50 200 39.50 200 225.16 356.51 574.37 0.11 0.11 0.11 4.66 4.54 4.13 2.74 3.17 2.75 59% 70% 66% 616 1129 1578 480000 550000 960000 Table 2 v,5.0 • 1 0 0 1 I I* U_ I I n I I I I I I I I I I I I I I I I I I lie Crosspointe Center B. Location and Access Impact Analysis Statement As Figures 1, 2, and 3 depict, the Property is located in the central section of Frederick County, bounded to the west by I-81 and Tasker Road. Initially, access to the project will be from the Route 37/I-81 interchange by way of a relocation of Tasker Road, as well as an extension of a collector roadway east of the interchange ("Crosspointe Boulevard"). The Applicant proposes to develop the project over three phases, and during each phase certain road improvements will occur. However, during the first two phases access will be provided from Tasker Road and Crosspointe Boulevard, site of the improved interchange connection. These improvements, shown on Figure 3, will be described in greater detail below and in the Traffic Impact Analysis ("TIN'), prepared by PHRA and contained in Appendix `B." In order to alleviate the current deteriorating traffic conditions at the I-81 interchange, Route 37, and Tasker Road, the Applicant proposes a plan to enable the Virginia Department Of Transportation ("VDOT") and Frederick County to improve the access ramps from the existing Interstate 81 northbound -off and northbound -on ramps. This improvement would occur during Phase I development. During Phase I, the Applicant will extend Crosspointe Boulevard and Hilandale Lane, as well as realign Tasker Road in an easterly direction. In Phase II, the Applicant will extend Tasker Road further to the east, construct a two-lane extension of Crosspointe Boulevard, and construct a section of Warrior Drive in the northern portion of the development. At the third and final phase, Warrior Drive will be extended to provide access to and from the south limits of the development, through the "Urban Development Area." Additionally, Crosspointe Boulevard will be expanded to four lanes. 11 • 0 Crosspointe Center C. Site Suitability Impact Analysis Statement As previously stated, adequate water and sewer utilities are available to serve the site, and Interstate 81, Tasker Road, and Route 37 are easily accessed to and from the proposed development. The site primarily lies within the Martinsburg shale region of Frederick County. Additionally, the western portion of the site lies on the traditional boundary between shale and limestone, which is common to many sites in Frederick County. (See Figure 6). The high elevation on the project is 758; the low is 642. The site is best characterized as a flat, level plain that extends to steeply eroded slopes near the stream channels. Typical of Frederick County, the stream channels in the Opequon and Hoge Run locations run in a west to east direction, and provide defined corridors or greenways that include floodways and steep slopes. Vegetation is composed primarily of a mixture of mature hardwood trees and open pasture, replete with characteristic cedar and other varieties of native species, woodlands compose 51% of the total Property. A summary of the important physical characteristics of this site is included in the following table: Crosspointe Site Characteristics Total Project Area 5 74.3 7 f Acres Area in Flood Plain 69 12% Area in Woodlands 294 51% Area in Steep Slopes 12 2% Area in UDA 574.37 100% Area in SWSA 574.37 100% • • Crosspointe Center Impact Analysis Statement Figure 4 delineates the areas listed above and Figure 5 depicts the current Frederick County Comprehensive Plan designation for this area, which is Planned Use Development and Mixed Use Development. The site has adequate water and sewer utilities, as well as adequate vehicular access. Moreover, the proposed rezoning is consistent with the Comprehensive Plan, and in fact, essentially tracks the Southern Frederick Land Use Plan. For these reasons, this Property is ideally suited for the proposed rezoning and development. m m m m m m m m m m m m m m m m m m � - �-� ice'. ♦tR-1`••a N,� Fneimnmental Impacts Key: ' 5uep Slupcc (awr. - gw%) � 5rtep 5h,(,re (51Y1i� IINV4�) � I �r�daad rl-eh ��� I'xlualrinr 1'ncnn,u,lid.ul 1p.cial ?kx6rur - llikcl �r In p.xu &d l I-3plan - .fir, ■C R O S S P O I N T E ■;;_ fi/'. 1:R HI)1'RICK COUNTY, PIRG IN I P.N \'IRUV \1FNT.\I. IMPACTS FIGURE 4 • AM E"l; --i'liffU Ow �� xg ire .41P �m` ks" m rr �e Admaiddim �; el .� .• �' SAN t= CROSSPOINTE gilbert w. Clifford ac associates, inc. II o Geology Map Bghww �a err,.. wdw �r ' ( 117 E Pb@W % VAdlmtm **ia 22601 f1PE'QIOPM CO MY kMMM VOM - (540) 667-2139 FAX ") 66 -M aiM 9KW4w1kC= FIGURE 6 Crosspointe Center D. Traffic Impact Analysis Statement The site is ideally situated to provide implementation of the County's UDA by using existing road networks but also by creating an improved traffic system. The plan proposed here implements the County's Eastern Road Plan, and initiates a portion of VDOT's primary road plan. There are two critical traffic issues in the general area of the proposed development that serve as starting points for the traffic analysis. The first is the interchange at I-81 and Va. Route 37, where there is an existing substandard level of service on the northbound off ramp, primarily during the a.m. peak hour. The second critical point is Tasker Road, which carries significantly more traffic each year due to the anticipated growth within the UDA as well as cut -through traffic from U.S. Route 522 to the south. A full traffic analysis of these conditions, including future background and build out conditions, is included in Appendix B of this application. Consultation with VDOT over the past two years has led to the conclusion that a solution to the existing substandard level of service can be realized by a realignment of Tasker Road to a point further east of the existing interchange, thus providing right of way for VDOT to pursue safety improvements to the I-81 ramp system. Phase One Improvements Phase One Road Improvements are shown on Figure 7 and described below: A to B: An additional 12' travel lane will be constructed on the south bound lane of U.S. Route 11 between the two interchange intersections with US Route 11 which will allow a continuous travel lane for west -bound Route 37 traffic to re-enter east -bound Route 37. This improved traffic movement will allow the scheduled elimination of the west -bound Route 37 left Crosspointe Center Impact Analysis Statement turn movement at Point C, thereby improving free flow of traffic west -bound across the Route 37 bridge over I-81. D: The existing ramps at the intersection of Route 37 and I-81 Northbound is scheduled for ultimate closure and relocation. The Applicant will prepare a design study for ramp improvements and assist VDOT in applying for design approvals from the Federal Highway Administration (FHWA). The Applicant will assist Frederick County and VDOT in an earnest search for highway financing for the approved improvements including any cost sharing arrangements required to implement the work. The ramp improvements decided by the design approval including signalization are to be scheduled for implementation prior to the issuance of the first commercial or residential building permit on the Crosspointe project. An alternative to be studied include interim ramp improvements at the existing ramp intersection location ("D") which is possible once Tasker Road and Hilandale Lane are relocated from their present intersection with Route 37 as the result of Crosspointe Proffer. Any ultimate plan will include the relocation of the ramps to coincide with the existing Tasker Road intersection with Route 37 at point "E." E to G: Crosspointe Boulevard will be extended from the terminus of Route 37 at Tasker Road approximately 1,100 feet, to a new intersection location with relocated Tasker Road. This intersection will be signalized and will allow the future extension of Crosspointe Boulevard to the east of this intersection. Crosspointe Boulevard will be constructed as a four -lane divided roadway with right and left turn lanes at Point "G". F to G: Tasker Road will be relocated at point "F" to point "G" in the location shown. This roadway location was planned years ago, and existing right-of-way reserved at point "F" to allows the horizontal curve enabling construction to this relocation. The existing Tasker Road Crosspointe Center Impact Analysis Statement right-of-way and improvements will be taken out of use during this phase, but will be used in the future to provide ramp improvements at "E" to occur. Tasker Road will transition at "F" into a four -lane undivided section between point "F" and "G" and with turn lanes as required added at planned intersections. G to H to J: Tasker Road from "G" to "J" will transition into a four -lane divided urban roadway with raised median. Turn lanes will be provided at intersections and planned commercial entrances. "H" will be an unsignalized intersection subject to final site planning traffic analysis. I to H: Hilandale Lane will be upgraded and relocated in order to eliminate its intersection with Route 37 and Tasker. The roadway will be two-lane from "I" to the curve, then transition into a three -lane urban section from the curve to "H". Right turn lanes shall be provided at commercial entrances. Phase One improvements will be scheduled in order to prevent inconvenience to the traveling public and to provide orderly traffic conditions. "F" to "G" to "H" to "I", and "E" to "G" will be designed and constructed off existing rights -of -way and completed prior to relocation of traffic. The roadway items required for the stoplight at "E" will be installed in order to facilitate finished installation when ramp relocation occurs. A complete stoplight facility will be installed at "G". Upon completion of these improvements traffic is to be relocated, and existing Tasker/Hilandale barricaded. When the new road system described above is in place and operational, approved ramp improvements will be implemented. Improvements from "A" to `B" and closing the left turn movement at "C" will occur in accord with VDOT directions during phase one. 1 0 0 Crosspointe Center Impact Analysis Statement The developer has agreed by proffer to wait until construction is complete from "F" to "G" to "H" to "I" and from "E" to "G" to apply for the first building permit at Crosspointe. A schedule for improvement of the I-81 ramp systems will be determined by design study and approved by the FHWA. The possible phased improvements recommended will allow a LOS "C" to occur prior to the first building permit at Crosspointe being issued. Phase Two Improvements Phase Two road improvements are shown on Figure 8 and described below: "J" to "K": This segment of road construction shall be identical to the "G-H-J" geometries described in Phase One with turn lanes provided in accordance with Master Plan approval. "L" to "K" to "M": Warrior Drive will be constructed as a six -lane divided urban section with turn lanes at road and commercial entrance locations. "K" and "M" will be signalized intersections. "G" to "M": Crosspointe Boulevard will be extended from "G" to "M". It is anticipated that this roadway will be a two-lane road section during Phase Two with transitions at intersections "G" and "M". However, right-of-way dedication is to be provided for an ultimate four -lane divided urban section roadway. Phase Three Improvements Phase Three road improvements are shown on Figure 9 and described below: Crosspointe Center Impact Analysis Statement "G" to "M": Two additional lanes on Crosspointe Blvd, including turn lanes at intersections, are to be constructed during Phase Three. Subject to VDOT approval an urban thoroughfare design section will be installed. "M" to "O": A complete four -lane divided urban thoroughfare sectional design roadway is to be installed to the Crosspointe property line (east). "M" to "N": Warrior Drive is to be extended as shown as an urban four -lane design. Collector road section with raised median, turn lanes right and left, will be constructed at all road and major commercial entrances. Additionally, a bridge structure shall be provided to cross Opequon Creek. Transportation Summary The previous road phasing and design narrative adequately described the major transportation improvements planned and proffered for Crosspointe. Design decisions will be in accord with VDOT requirements and regulations on a phase -by -phase basis. In addition, the Applicant proposes the following additional considerations: A. Because Crosspointe Boulevard may be extended to US Route 522, the function of this roadway may change from an urban thoroughfare to a major arterial road classification. It is believed that this classification can be supported by the alignment and structure of the roadway proposed in Phases One through Three of Crosspointe. Changes in function that are possible with this change of use include the following: 1. The signalized intersections at "G" and "M" may not be functionally adequate. In this event, pursuant to available funding, intersections 0 Crosspointe Center Impact Analysis Statement "G" and "M' are to be designed by Crosspointe now to allow for the efficient and traffic -friendly implementation of grade separation. 2. Intersection "M" may become a limited access interchange in the event of grade separation of this intersection. 3. Tasker Road may pass under Crosspointe Boulevard and the intersection "G" will be eliminated. 4. In the event that grade separation of both Warrior Drive and Tasker Road at Crosspointe Boulevard are required, additional rights -of - way for Crosspointe Boulevard will be necessary, including for the interchange at "M". The developer will set aside open space for possible dedication of rights -of -way if required for implementation of the classification change. This right of way is anticipated to be 220' wide, with additional width at interchanges. 5. Right of way dedication without cost to VDOT will be made for the full 220' of right-of-way in the event State and Federal funding is made available for this upgraded classification. The developer will provide this right of way only in the event that the Warrior Drive intersection becomes a full service interchange, if the upgrade is a limited access type design. B. The Applicant believes that the ultimate design of the Route 37 and I-81 interchange cannot be adequately predicted at this time. Likewise, it is the developers strong position that this project is needed by Frederick County to proceed in an orderly way at this time. Good planning for Crosspointe has been prepared with this directive. Crosspointe Center Impact Analysis Statement The consumer needs for commercial services is vital to the urban development area concept. To that end, the proffers and impact analysis plan have been prepared to benefit Frederick County and implement VDOT's long-range plan for moving traffic through the Crosspointe project. The project transportation system implements the County Comprehensive Policy Plan. oe RESIDENTIAL - RP • 7mm-FN1NAG o RLSIdENTWL-RP COMMERCIAL 8-2 - —' / COMMERCIAL co �� (L 11 It /w:ltc:• 1 / \ / q SANE EXTENSION / r V RTE • {COMMERCIAL - -� B�+1CIIl� 1 1 I III ��I1 �S}'. I ----- J • C R 0 S S P O I N T F. FRLDLRICK COUNTY. VIRGINI.1 /- y�,w..aw�\-.L....n..rnl.. NP- A FIGURE. 1 Tr u pn+:r u�r G li�li R.11.1'l.IiD 1)I: \'Ii Im I'M I. NT p1.1� FIG KK 0 \� S TO PAPER MILL ROAD i } / (FUTURE) i RESIDENTIAL - RP J. E• � � � RESIDENTIAL -RP U �e1 -- ♦` �+��J 9 I D � ON am'moft ` .eV.cars a as= wl aft am 00 E_SIOENITI �_I� loom ORA 1 NAG fis is RESIaENTCl/AL-RP RAU I (9 6ENTIxM s cam 0-2 r P „s(, '. SG12ACRES MMERCIALB �Ei^IL V "* COMMERCIAL 8-2 A _ r Y••ASC : ION . COMMERCIAL E N5 COMMERCIAL 8-2 n u nears V" • 4 n+A:xEs ' \ ; 4 LANE EXTENSION y r J Y,•4;E i• I RESIDENTIAL • RP V RTE t •x cis • COMMERCIAL 8.2 L) V ~ V U TO WARRIOR ROAD rZ (r sE it RESIDENTIAL HNSLI CA�STI`G h) Zc"f Px (OOMMERCIAL RESIDENTIAL �i a,ClfE\yam^/l ;, t \I 1 PHASE ■CROSS POINTi:■ PHRA ■� � � � .��� _� . 1 DE\'ll 1. 1I'\I I -.\I' I'1.\\ �� I Il•1t (�F:9= pII1�I. 111RII- VIOL scot fro LetClCe't _ ` •..... ..\I �.__..__-_.�.__ .'1C RJ.tpYd+ 2D blC.AM�HRt4W lY�- _ .toera 4C?•ME10CW. lD.'//_'L\T RC:CE4nl I RESIDENTIAL -RP TYPICAL STREETSCAPE SECTION I -r� TASKER R WARRIOR ROADS { 119 eu• = NORTH OF CROSSPOINTE BLVD moull i-- 4 y��,rRROPa RESIDENTIAL -RP , RESIDENTIAL•RP PHAN{ lot RESIDENTIAL -RP f Cuff n , j COMMERCIAL El ER E / � MMERCIAL & ' MRNEI H11LE LANECOMMERCIAL B-2 �... . (. COMMERCIAL8.2 ` r PNAEEI MERCIAL ��� Go t ca 1�,i 4 j��r..r pBSPOI0 RESIDENTIAL • RP �' J ca r. 41:AME VAR40 TE 32 --= I I COMMERCIAL 8.2ch V r ,/ r W rill • m PWN1E n RP — I RESIDENTIAL ' J• PLAN KEY PROPOSED STREAM PRESERVATION BUFFER 1' Exurtw&2 w ' ,LoEdv COMMERCIAL J °E PROPOSED POCKET Pie RESIDENTIAL - RP _. PEDESTRIAN PEDESTRTRAIL . I - � ■ (. R O S S P01NTL•■ - ` � .��------ FRI,DI{Rj(:K COUNTY, VIRCINIA jj_jlj`(T] j7 /� j GISNI;RALI71iU DEVE.LOPHIENT PI.AN MR rra•oiT�.L "•^• -•• PARK, TRAII., AND BUFFER GXI11131T 0 • Crosspointe Center Impact Analysis Statement E. Water Supply and Sewage Conveyance The existing water distribution, storage, and supply is adequate for service to this project. The 20" primary water distribution main from the Diehl Water Plant passes through this site en route to distribution service in both the Abrams Creek and Fort Collier/Stonewall Industrial Park rareas of Frederick County. Additionally, a one-half million gallon elevated water storage tank is ' located immediately adjacent to the site on the south. Water mains within the development will be looped and extended by phase to meet Frederick County Sanitation Authority ("FCSA") design requirements. This combination of water supply service will provide adequate fire protection and domestic service for all phases of the proposed commercial and residential uses. Gravity sewer service for Phases 1 and 2 will be provided via an 18" gravity interceptor ' line in the Hoge Run watershed. This sewer line follows Hoge Run, continues to the Opequon • Creek, and then onto the Parkins Mill Wastewater Treatment Facility located at the corner of Route 522 and Parkins Mill Road. Design criteria for the facilities will be based on the flow ' generation provided in Table 3. The Opequon trunk main installed during Phase 2 would be ' sized to handle future upstream uses in accordance with directions of the FCSA. Should other uses develop further east prior to phase 2, and if desired by the FCSA, the cost of the Phase 2 pump station could be applied to allow for gravity extension to the Parkins Mill interceptor. Figure 10 provides a schematic plan and improvements. Sewer generation from this site will be treated at the Parkins Mill Wastewater Treatment Plant (the "Parkins Mill plant"). Attached Tables 3.1 and 3.2 demonstrate that over the past year Ithe Parkins Mill plant adequately met its discharge permit requirements despite historic rainfall 10 levels that resulted in high flows at the plant. The FCSA, through reserve funding of the 11 Table 3 CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Water Demand&Sewer Generation 8/12/2003 Proposed PHASE 1 PHASE 2 PHASE 3 TOTALS Zone Quantity GPD Quantity GPD Quantity GPD Quantity GPD 10 Retail Commercial -SF B-2 370000 74000 440000 88000 310000 62000 1120000 224000 Office Commercial -SF B-2 0 0 0 0 100000 20000 100000 20000 Ex. Commercial Zone (retail) -SF B-2 110000 22000 110000 22000 0 0 220000 44000 Mixed Single Family Res.lots-Ac RP 384 76800 707 141400 0 0 1091 218200 Townhouse Residential-Ac RP 132 19800 222 33300 235 35250 589.00 88350 SF Small Lot -age restricted-Ac RP 100 10000 200 20000 100 10000 400.00 40000 Total Demand per Phase 202,600 304,700 127,250 634,550 Accumulated Demand 202,600 507,300 634,550 LEGEND Commercial Demand/Flow 200 gal/1000sf Single Family Demand/Flow 200 g/d/du Townhouse Demand/Flow 150 g/d/du Age Restricted Demand/Flow 100 g/d/du • v.5.0 Q FD�YF'Qp q j�r3iOF 1 R F�MA� 1 o C CROSSPOINTE WATER AND SEWER PLAN d EX HOGE RUN ��''•; _..SAN. SEWAGE LINE 1 p.. 0� Ot o �t Q 0 G VP77 gilbert w. clifford *& associates, inc. Bobo.. Lane Pbunw, wd 4h1ffift 117 E Rcacl� SL ►mhaAff, *giro 22601 WICE (540) 667-2139 FAX (510) 66-W DAL gKW*m e6l-w FIGURE 10 M MM M M M M-M M M M M MGM M 'ARKINS MILLS WASTEWATER PLANT OPERATIONAL DATA FY-03 Permit Limit Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Average low (MGD) 2.000 1.3 1.3 1.4 1.7 2 2 1.7 1.9 2.5 2.1 2.1 2.2 1.850 :oncentration (MG/L) MOD Summer 7.50 4.3 4.3 4.4 4.3 4.3 5.3 4.4 4.471 Winter 23.00 7.2 5 5 10 4.1 6.260 Suspended 30.00 3 2 14 3 2 2 3 3 6 3 5 6 3.500 tmmonia Summer 1.60 0.9 0.3 0.4 0.3 1.1 0.23 0.5 0.533 Winter 2.40 1.4 0.2 1.8 1.8 0.6 1.160 002 PH 6.50 7.3 7.5 N/A 4.933 007 DO 7.10 8.3 7.5 N/A 5.267 12 Phosph N/L 5.2 N/A N/A 1.733 Nitrogen N/L 8.8 N//A N/A 2.933 luantity (KG/D) CBOD Summer 57.00 21 21 22 29 36 41 33 29.000 Winter 174.00 55 32 36 89 33 49.000 Suspended 227.00 15 11 22 18 12 19 17 20 54 25 41 53 25.583 kmmonia Summer 12.10 4 1.3 1.8 1.4 7.9 N/A N/A 2.343 Winter 18.20 7 1.2 18.2 17.9 11.075 ;oliform 200.00 114.00 31.00 32.00 89.00 137.00 76.00 125.00 62.00 148.00 50.00 63.00 126.00 87.750 tainfall (Inches -PM) 4.24 3.25 4.64 4.9 3.641 3.961 1.96 6.22 3.3 3.73 5.79 6.89 4.377 tainfall (Inches-JHD) 4.68 3 4.2 4.42 3.32 3.39 2 DOWN DOWN DOWN DOWN 7.14 2.679 • 0 17/08 A. Permit No. VA0075191� • i Part I Page 1 of 9 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001. This discharge shall be limited and monitored as specified below: EFFLUENT CHARACTERISTICS Flow (MGD) a pH (standard units) CBOD5 ` (May — November) CBOD5 ` (December —April) Suspended Solids Fecal Coliform (N/100 mL) b Dissolved Oxygen (mg/L) Ammonia-N (mg/L) ` (May —November) Ammonia-N (mg/L) '(December —April) Total Residual Chlorine (TRC)(mg/L) b.` Total Nitrogen (mg/L) Total Phosphorus (mg/L) DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Minimum Maximum Frequency Sample Type NL NA NA NL Continuous T/I/R NA NA 6.5 9.5 1/Day Grab 7.5 mg/L 57 kg/d 11.3 mg/L 86 kg/d NA NA 5 Days/Week 24HC 23 mg/L 174 kg/d 34.5 mg/L 261 kg/d NA NA 5 Days/Week 24HC 30 mg/L 227 kg/d 45 mg/L 341 kg/d NA NA 5 Days/Week 24HC 200 3 Days/Week @ Geometric Mean NA NA NA 48 hour intervals Grab from 10 a.m. to 4 p.m. NA NA 7.1 NA 1/Day Grab 1.6 1.8 NA NA 1/Month 24HC 2.4 2.9 NA NA 1/Month 24HC 0.010 0.012 NA NA 1/Day Grab NL NA NA NA 1/Quarter Grab NL NA NA NA 1/Quarter Grab NL = No Limitation, monitoring required NA = Not Applicable T/I/R = Totalizing, Indicating, and Recording equipment 24HC = 24 Hour composite sample a. The design flow of this treatment facility is 2.0 MGD. b. See Part I.B. for alternative disinfection requirements. C. See Part I.C. for additional monitoring instructions. d. At least 85% removal for TSS must be attained for this discharge. e. There shall be no discharge of floating solids or visible foam in other than trace amounts. M • 0 E it � I if 11 11 11 11 11 II 11 110 Crosspointe Center Impact Analysis Statement Frederick -Winchester Service Authority ("FWSA"), has begun to study future expansion of hydraulic capacity at Parkins Mill, which will require expansion to meet the increasing flow requirements within the Opequon/Wrights Run Watersheds. i • • Crosspointe Center F. Site Drainage Impact Analysis Statement Site drainage is provided by the Hoge Run and Opequon Creek stream channels and their tributaries. A conceptual plan for site drainage is shown on Figure 11. There are no built-up residential or commercial areas downstream of this project that will be affected by the direct runoff from the site. Storm water will be conveyed by way of surface drainage and underground storm sewers, as shown in Figure 11, which also shows preliminary locations for storm water management facilities, subject to engineering adjustments at the time of the project design and master plan. Low Intensity Development CUD") concepts are to be utilized in the site design wherever practical in order to protect water quality in the receiving streams of Hoge Run and Opequon Creek. Appropriate use of streamside buffers, grass channels, rain gardens, water quality swales and good erosion and sediment controls during construction are proposed. In summary, selective use of conventional and alternative stormwater management controls, both during and after construction will provide acceptable and manageable impacts on streams, and no identifiable impacts on existing community facilities J L� I I L� I I ri Crosspointe Center Impact Analysis Statement G. Solid Waste Disposal Facilities There are ample private waste disposal companies available to assure safe and timely disposal of solid waste that will be produced over time. This project will have a measurable effect on County solid waste management resources, but will focus and direct normal and expected waste generation to the UDA in accordance with the Comprehensive Plan. As such, the solid waste generation would align with that projected year to year increase at the landfill facility. Pursuant to the excellent Enterprise Plan set forth by landfill management, payment of tipping fees is expected to fund landfill improvements. The sheer size of Crosspointe would prohibit waste collection at a central disposal site, therefore, the Applicant has proffered to utilize curbside pick-up from a private refuse contract carrier. Funding for refuse collection will be provided through the homeowners' and property owners' associations. (See Table 4 for estimated solid waste generation.) Table 4 CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Solid Waste Generation 8/12/2003 rev10-22 Proposed PHASE 1 PHASE 2 PHASE 3 TOTALS Zone Quantity Ibs/day Quantity lbs/day I Quantity Ibs/day Quantity lbs/day Retail Commercial -SF B-2 370000 37000 70000 7000 310000 31000 750000 75000 Office Commercial -SF B-2 0 0 0 0 100000 10000 100000 10000 Ex. Commercial Zone(retail)-SF B-2 110000 11000 0 0 0 0 110000 11000 Mixed Single Family Res.lots-Ac Townhouse Residential-Ac RP RP 384 132 4608 1188 323 90 3876 810 335 114 4020 1026 1042 336.00 12504 3024 SF Small Lot -age restricted-Ac RP 100 600 100 600 0 0 200.00 1200 Total Waste per Phase-Ibs/day 54,396 12,286 46,046 112,728 Accumulated Waste-Ibs/day 54,396 66,682 112,728 Total Waste per Phase-Tons/day 27 6 23 56 Accumulated Waste-Tons/day 27 33 56 LEGEND Commercial /Solid Waste 100 Ibs/1000sf/day Single Family/Solid Waste 12 lbs/du/day Townhouse/Solid Waste 9 Ibs/du/day Age Restricted/Solid Waste 6 Ibs/du/day v.5.0 • Crosspointe Center I. Impact on Community Facilities Impact Analysis Statement The Frederick County impact model was run by County staff to reflect individual and collective fiscal impacts on community facilities on a phase -by -phase basis. Proffers have been offered which will mitigate the effects of these impacts on the County. However, the substantial commercial components of Crosspointe derive a net positive income flow in excess of revenue requirements, consistent with those goals for planned communities within the Urban Development Area. Nonetheless, the impact analysis identified some special needs for government services, particularly for satellite offices for the Sheriff's department, Treasurer's office, and possibly other emergency services. In consideration of the desirable central location of the proposed development, the Applicant has proffered nine acres of land to be used for placement of such emergency services. Additionally, monetary contributions for the Sheriff's Office, an Administration Building, and fire and rescue services at both the County and Stephens City Volunteer Fire Department are included within the Proffer Statement. The County models are attached and are followed by the proffer statement, which provides for monetary contributions and values in the amount of $7,585,300.00 for County resources over and above the net positive value created by the proposed rezoning. Table 5 provides a summary of the proffer values, positive and negative, by phase accumulated. Without consideration of transportation improvements and infrastructure additions Crosspointe will produce a net positive value of $23,784,769.00 to Frederick County at build out of the project. Additionally, staff was requested to run a "break point" analysis using the Frederick County proffer model which sought to determine the Phase 1 and Phase 2 commercial floor area necessary to produce a zero impact against residential impacts. The value of cash proffers made L] Crosspointe Center Impact Analysis Statement during this period were not considered in the analysis and can be considered to be additional to the case where the project income to Frederick County covers the net capital facilities impacts. The floor areas determined by this method have been used in the proffer statement as "phase triggers" indicating commitment by the Applicant to balanced approach to phased development, which is a goal of the Comprehensive Policy Plan. CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Community Facilities- Fiscal Support 811212003 rev 10-22 Proposed PHASE 1 Zone Qtv Model Impact Credit Net Cap Fac Impact Land Value -Central County Fac. 8-2 Fire & Rescue -St City Mixed Single Family Res.lots-Ac RP Townhouse Residential-Ac RP SF Small Lot -age restricted-Ac RP Sheriff & Admin PHASE TOTALS Accumulated Phase Totals LEGEND Notes Mixed Single Family Res. lots Townhouse Residential SF Small Lot -age restricted Central Facility -land value ($200,00/Ac) " Lump Sum PHASE 18.2 PHASE 1,2&3 Value-9 Qtv Value-$ Qtv Value-$ $17,256,736 $16,512,577 $29,141,122 ($5,085,651) ($9,258,015) ($12,931,653) $1, 800, 000 $1, 800, 000 $1, 800, 000 $100,000 $200,000 $300,000 384 $1,478,400 707 $2,721,950 1042 $4,011,700 132 $508,200 222 $854,700 336 $1,293,600 100 $85,000 200 $170,000 200 $170,000 $10,000 $10,000 $10,000 $16,152,685 $13,011,212 $23,794,769 Fire Schools Parks Library 250 3000 500 100 250 3000 500 100 250 0 500 100 Sheriffs` 5000 5000 1,800,000 v.4.0 • 0 1 0 0 Crosspointe Center ImpactAnalysis Statement Glaize Developments, Inc., a Virginia corporation, is the owner of property encompassing approximately 626.37 acres, located immediately east of the intersection at Tasker Road and Va. Route 37. The total area is composed of eight parcels, and is more particularly identified among the tax rolls of Frederick County as 75-A-89, 89A, 90, 91, 92, 94, 95 and 96 (the "Property"). With the exception of approximately 17 acres, zoned to the B-2 designation, the parcels in their entirety are currently zoned "RA." The Property lies mostly within the Urban Development Area ("UDA"), and is easily accessible from Interstate 81, Route 37, and Tasker Road. Fifty-two acres lie outside the UDA and this area is not a part of the petition for rezoning. The area which is subject to rezoning totals 557.42 acres. When the County's Eastern Road Plan is implemented, an extension from I-81 and Route 37, Tasker Road, and Warrior Drive will connect within the Property. Because of these locational attributes, the Property is uniquely poised for development as a significant retail and commercial center for the County and greater Shenandoah Valley region. Accordingly, Glaize Developments (the "Applicant") proposes to rezone the Property to Residential Performance ("RP") and Business General District ("B-2"). Upon full build -out, the mixed -use project, to be known as "Crosspointe Center," will consist of 960,000 square feet of commercial area, consisting of 110,000 SF, of general commercial that is available in the existing B-2 area, 750,000 SF of retail, and 100,000 SF of office uses as well as 1,578 residential dwelling units of which 200 will be age restricted dwellings and no more than 1,042 shall be single family detached dwelling units. The Historic Hilandale House will be preserved, and the surrounding property will be rezoned to the B-2 zoning designation. •,A PROJECT SITE / FREDERICK COUNTY SEWER -WATER SERVICE AREA FREDERICK COUNTY ' URBAN DEVELOPMENT ( BOUNDARY •84884 CROSSPOINTEgilbert w. clifford & associates, inc. o SITE AREA DESCRIPTION Eno-m Land Plar»era Water OLuft 117 E. Picadily St. 4Ynchestei, Yrluio 22601 FREDERICK COUNTY, ORGINIA VOICE: (540) 667-2139 FAX (540) 665-0493 EMAJL grc6lf0mnsinc.com FIGURE 2 Crosspointe Center Impact Analysis Statement Section III Impact Analysis OUTPUT MODULE APPLICANT: Crosspointe Center- Build Out Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For I REAL EST VAL $252,355,810 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Capital Faciltiies sum only) Oper Cap Equip Expend/Debt S. Taxes. Other Tax Credits (Unadjusted) Revenue- Cost Balance Net Capital Net Cost Per I Facilities Impact Dwelling Unit FIRE & RESCUE = 11 col I Fire and Rescue Department $1,673,559 $0 $0 $1,673,559 $1,061 I Elementary Schools $6,470,448 Middle Schools $3,858,974 $1,053,174 $5,112,507 $6,165,681 — $6,165,681 — $9,559,971 $6,058 I High Schools $5,396,231 Parks and Recreation $2,316,586 $522,082 $522,082 --- $522,082 - $1,794,505 $1,137 I Public Library $402,735 $112,635 $112,635 $112,635 $290,101 $184 i Sheriff's Offices $238,356 $243,933 $0 $48,682 $292,616 $292,616 $0 $0 I $194 Administration Building $305,890 $0 $0 $0 $305,890 $0 $0 I Other Miscellaneous Facilities $390,248 $488,750 $539,610 $1,028,360 $1,028,360 i SUBTOTAL $21,053,027 $1,785,858 $5,652,117 $683,399 $8,121,374 $8,121,374 $12,931,653 $8,195 LESS: NET FISCAL IMPACT $29,141,122 $29,141,122 $29,141,122 ($29,141,122) $1( 8,467) NET CAP. FACILITIES IMPACT 0 0 i I INDEX: "1.0" If Cap. Equip Included 1.0 I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Cc Avg: 0.0 Rev -Cost Bal = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 - ---------------------------- Ratio to Co Avg = --- ---- --- - 1.342 - - - -- - --- I - -- -- --- ---- --- - I METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. I ---- ------------------- ------------- ----------- ---- ----------- ---- NOTES: Model Run Date 10/15/03 CMM Project Description: Crosspointe Center Build -Out (completion of three phasesJpssumes 860,000 s.f. retail/general commercial, 100,000 s.f. office, 1,242 single family dwellings (mixed lot types; includes 200 SF I small lot/age-restricted), and 336 townhouse units on 574.37 acres zoned RP (381.8 acres/66% project total; RP density: 4.13 du/acre; Overall project density: 2.75 du/acre) and B2 (192.57 acres; B2 FAR: 0.11)4 I I I Due to changing conditions associated with development in the County, the results of this I Output Module may not be valid beyond a period of 90 days from the model run date. I I I I I I I I OUTPUT MODULE APPLICANT: Crosspointe Center Ph. 1 Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $103,948,024 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 11 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $711,803 $0 $0 $711,803 $1,156 Elementary Schools $2,525,117 Middle Schools $1,506,117 $410,991 $1,995,106 $2,406,097 - $2,406,097 - $3,730,559 $6,056 High Schools $2,105,422 Parks and Recreation $904,057 $203,744 $203,744 ---- $203,744 - $700,313 $1,137 Public Library $157,169 $43,956 $43,956 $43,956 $113,213 $184 Sheriffs Offices $93,019 $98,411 $0 $18,999 $117,409 $117,409 $0 $0 I $194 Administration Building $119,375 $0 $0 $0 $119,375 $0 $0 I Other Miscellaneous Facilities $152,296 $198,434 $219,083 $417,517 $417,517 I SUBTOTAL $8,274,374 $707,835 $2,214,189 $266,699 $3,188,723 $3,188,723 $5,085,651 $8,256 LESS: NET FISCAL IMPACT $17,256,736 $17,256,736 $17,256,736 17 256 736 (28,014 NET CAP. FACILITIES IMPACT 0 0 I INDEX: "1.0" If Cap. Equip Included 1.0 I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg -------- 1.342 --------- -- -- --- -- --- - -- - -_ -_ -- - -- - --- - METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. - Model Run Date 10/15/03 CMM - - - NOTES: Project Description: Phase 1 of Crosspointe Center (first of three phases). Assumes 480,000 s.f. retail/general commercial, 484 single family dwelling units (includes 100 age -restricted I units), and 132 townhou$e units on 225.16 acres zoned RP and B2 District (93.09 acres 132; 132.07 acres RP)NOTE: The fiscal impact model is intended to measure the cummulative impacts of a given project; the model run dated 10/15/Q3 using proiect build -out assumptionstherefore represents the official model output for this project. This phase specific projection should be used for informational purposes only. I I I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I I I I I I I I I i i M i M % i M OUTPUT MODULE APPLICANT: LAND USE TYPE REAL EST VAL I FIRE & RESCUE _ Crosspointe Center Ph. 1 & 2 Net Fiscal Impact RP/B2 Costs of Impact Credit: $170,268,511 Required (entered in 11 Capital Faciltiies col sum only) Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT $1,123,982 $4,645,543 $2,767,580 $3,884,808 $1,663,215 $289,148 $171,130 $219,617 $280,182 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) $0 $756,457 $3,672,127 $167,523 $0 $332,893 $15,045,203 $1,256,873 $16,512,577 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: PLANNING DEPT PREFERENCES 1.0 $367,535 $4,039,662 0.0 1.0 $4,428,584 $374,833 $374,833 $80,867 $80,867 $34,952 $202,475 $0 $0 $700,428 $490,653 $5,787,188 $16,512,577 Rev -Cost Bal = Ratio to Co Avg ---------------------------- ------------------------------------------------------------------ ------------------------------ ------ METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). Adjustment For I I Revenue- Net Capital Net Cost Per Cost Balance Facilities Impact Dwelling Unit I $0 $1,123,982 $996 $4,428,584 $6,869,346 $6,084 I - $374,833 - $1,288,381 $1,141 $80,867 $208,280 $184 I $202,475 $0 $0 I $0 $219,617 $195 $700,428 $0 $0 I $5,787,188 $9,258,015 $8,200 $16,512,577 ($16.512,577) 14 626 0 0 I I I 1.000 I I 1.342 -------- --------- I I I I I I I I I I I I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10/15/03 CMM I Project Description: Phases 1 & 2 of Crosspointe Center (two of three phases). Assumes 550,000 s.f. retail/general commercial, 907 single family dwelling units (includes 200 age -restricted units), and 222 townhouse units on 356.51 acres zoned RP and B2 District (107.71 acres 62; 248.8 acres RP)NOTE: The fiscal impact model is intended to measure the cummulative impacts of a given project; the model run dated 10/15/03 usingproiect build -out assumptions therefore represents the official model output for this project. This phase specific projection should be used for informational purposes only. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. OUTPUT MODUL-E APPLICANT_ LA,YD USE TYPE REAL EST VAL FFRE & R-ESCUE _ !: M � Crasspointe Center Ph. 1 Net Fiscal Impact RP1B2 Costs or Impact Credit: $86,510,326 Required (entered in 11 Capital Facilties cal sum only) Fire and Rescue Department Elementary Schools Middle Schoors High Schoats Parks and Recreation Public Library Sheritrs Offices Administration Bullding Other Miscellaneous Facilifies SUBTOTAL LESS_ NET FISCAL IMPACT NET CAP. FACILITIES IMPACT M M mmm M M M ism M 0 I { Credits to be Taken for Future Taxes Paid (NFV{ Total Potendal Adjustment For Cur. Sudoet Our L;udge! Cap. Future CIPI Tax Credits Revenue- NetCapital Net Gast Per I Oner Cain Eoutp Expend/Debt S. Taxes, Other (Unadiusted} Cost Balance Facilities Impact Dwelling Unit I $562, 562 $2,525.117 $t,506,117 5410,991 $2,105,422 $904,057 $157,169 $93,019 $87,976 $119,375 $152,296 $173.414 $8,125,134 $672.381 $4,999,498 INDEX: "1 A" If Cap. Equip Included 1.0 INDEX: '1.0' if Rev -Cost Sal, '0.0" if Rath to Co Avg: PLANNING DEPT PREFERENCES 1.0 $0 $0 5562,562 $913 1 31,995,1o6 $2,406,097 $2.406.097 $3.730.559 $6.056 $203,741 $203,744 $203.744 $700,313 $1,137 $43,956 $43.956 S43.11M $113,213 $184 $0 $18,999 -5106,974 $105,974 $0 $0 1 $0 s0 $0 $119,375 $194 j 3191,460 $364,873 $354,873 $0 $D I $2,186.555 $266.699 $3,125,645 $3.125,645 $4,999.489 I $8,116 1 $4,999,496 $4,999,498 99 49B 58.116 I I I 0.0 Rev Cast Baf = 1.0001 { I I 1.0 Ratio to Co Avg 1.342 1 METHODOLOGY: 1_ Capital facilities requirements are input to the first eorumn as calculated In the model. 2_ Net Fiscal Impact NPV from operations calculations Is input in row Loral of second catumn J (zero it negative); included are The one-time taxes/fees farone year only at full value. 3. NPV of future oiler Cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capilaJ expenditure tuxes paid In fourth col as calculated In fiscal impacts. I 5. NPV of future taxes paid to bring current county up to standard for now facWties, as calculated for each new facility. 1 6. Columns three through five are added as potential credits against the calculated capital 1 facilities requirements. These are adjusted for percent of costs covered by the revenues { from the project (ach►al, or as ratio to avg_ for air residential development). I NOTE: Proffer calculations do not inctude include interest because they are cash payments up front. Credits do include interW if the projects are debt ffn2rrced. I _ I NOTES: Model Run Date 19/17M3 CMM I 1 I Project Description: 'Break Even" Analysis - Phase 1 of Crasspointe Center (first of three phases). Assumes 212,092 s.f. retafllgeneral commercial ; 484 single family dwelling units (incrudes 100 age- I restricted units); and 132 townhouse units on 225.16 acres zoned RP and 62 District (93.09 acres 82; 132,07 acres RP). NOTE: This output report is not the offxial rlscal Impact analysis for CrosspaInle Center.1 I I Due to changing conditions associated with development in the County, the results of this 1 Output Modufe may not be valid beyond a period of 90 days from the model run date. J I —I I Post -it' Fax Note 7671 Date .00es0, Z To c - K Fro t .tMow Co.+Dept C Phone 4 Ph o Face O —0 q2 F NC) — f m rJ m m w A 0 N Ln a m m 4001 Ln m w w Ln rrJ m C7 n O r D Z Z H Z G) CJ m 0 D 0 m I OUTPUT MODULE ! APPLICANT: Crosspointe Center Ph. 1 8 2 net Fiscal Impact [ m ! LAND USE TYPE RP152 REAL EST VAL $159.875.523 Casts of Impact Credit Credits to be Taken for Future Taxes Paid fNPlj Total PotenVaf Required (entered in Cur_ Adjustment For ! � FIRE & RESCUE = Budget Cur. Budget Cap. Future C1P1 11 Caoiai FaciKes col sum only) Over Can EguiD Expend/Debt S. Taxes. Other Tax Credits tUnadiustedj Revenue- Cost Balance ;.ill Capita Facilities Impact Idet Cost Pei Dwelling Unit I tJ JCD iCD ( Fire and Rescue Department $1,035,034 $0 $1.035,034 $9t7 f W$0 ! Elementary Schools $4.645,543 I ! Middle Schools ! High Schaofs 52,767.580 $755,457 $3.672.127 $3.884,808 $4.429.584 $4,428.584 $6.&69,346 $6,084 I a J J Parks and Recreation ( Public Library $1,663,215 .$374,&33 $289,148 $374,833 -- $374,1533 _ $1,288.381 .$1,141 ( N I Sheriff's Offices $80,867 317;,130 $161.304 s0 $34,952 $80,857 $196,256 $80,867 $196256 $208,280 $0 $184 $0 I 1 ! Administration Building ! Other Miscellaneous Facilities $219,617 .$0 $28D,182 5317.981 $351.071 $0 SO $219,617 $195 Ln ( A I 5669,052 $669.052 So .$0 I p©i SUBTOTAL $14,956,255 $1,235,742 $4.023,198 $490,653 ( LESS: NET FISCAL IMPACT $9.207.179 $5,749.592 $5.749,592 $9,206,662 $8,155 I m Ln (� m ! NET CAP. FACILITIES IMPACT $9,207,179 $9,207,179 9207179 SS155 I W 0 0 I cn I I J INDEX: "1-Or If Cap_ Equip Included 1.0 ( INDEX: '1.0' if Rev -Cost Bat, "0_0' It Ratio to Co Avg; 0.0 Rev -Cost Bat = 1.000 ! — PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg 1.342 ! METHODOLOGY: 1 Capital facilities requirements are input W the first column as cabcufaled in the model. — + J 2. Nel Fiscal Impact NPV rrom operations carcutafions is input in raw total of second column I (zero it negative); included are the one-time taxeslfees for one year only at full value. ! ! 3. NPV or future oper cap eqtdp taxes paid in third column as calculated in fiscal impacts. ! 4. NPV of future capital expenditure taxes paid in fourth col as calcutated in fiscal impacts. ! I 5. NPV of future taxes paid to bring current county up to standard for new facilities, as i calculated for each new facifity. ITT S. Columns three through fire are added as potential credits against the calculated cap'rtat I C7 I facilities requfrements. These are adjusted for Percent of costs covered by the revenues 0 I from the project (actual, or as ratio to avg. for all residential development). ( NOTE: Proffer calculations do not include include interest because they are cash payments up front Credits do include interest if the proyecis are debt financed. I D Z NOTES: Model Run Date 10/17/03 CRAM - T T r I H I I r�rl I Project Description: "Break Even" Analysis -Phases 1 & 2 of Croaspante Center {hvo of Three phases). Assumes 390,325 s.f, retaittgereeral cornrnercial ; 907 single famity dwelling units (includes 200 age ! restricted units); and 222 townhouse units on 356.51 acres zoned RP and 52 District (107.71 acres 132; 248.8 acres RP). NOTE This output report Is not the official fiscal impact analysis far Crosspointe Center] Due to changing conditions associated Ydth development in the County, the results of this Output Module may not be valid beyond a period of 90 days frarn the model run date. m N r9 rJ i t A Phased Traffic Impact Analysis of Crosspointe Center Located in: Frederick County, Virginia Prepared for: Glaize Developments, Inc. 112 E. Piccadilly Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc . Engineers. Surveyors. Planners. Landscape Architects. P 208 Church Street, S.E. Leesburg, Virginia 20175 �" T 703.777.3616 H F 703.777.3725 September 10, 2003 • 0 OVERVIEW Report Summary This study considers the traffic impacts associated with the build -out of the Crosspointe Center to be located along Tasker Road, east of the Route 37/Tasker Road intersection, in Frederick County, Virginia. The proposed project is to include 1,590 units of residential, 750,000 square feet of retail and 190,000 square feet of office. Future site - access is to be provided along Tasker Road (to be realigned), Route 37 (to be extended) and Warrior Drive (to be constructed), respectively. The proposed development will be built -out in three (3) phases by the year 2012. Methodology The traffic impacts accompanying the Crosspointe_ Center development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip.generation for Crosspointe Center, • Distribution and assignment of Crosspointe Center generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) conducted AM and PM peak hour manual turning movement counts at the intersections of Route 37/I-81 southbound ramps, Route 37/I-81 northbound ramps, Route 37/Tasker Road as well as at the northern Route 11 southbound on -ramp and the southern Route 11 southbound off -ramp. Additionally, 24-hour automatic "tube" counts were conducted along the I-81 northbound and southbound ramps. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9%. Figure 1 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Phased Traffic Impact Analysis of Crosspointe Center R+A September 10, 2003 Page 1 PH AM Peak Hour(PM Peak Hour) Figure 1 Existing Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center PSeptember 10, 2003 HPage 2 • • � Denotes Free -Flow Lane A AM Peak Hour (PM Peak Hour) Figure 2 Existing Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center PhR+A September 10, 2 3 Page 3 �r I a r] 2006 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2006. Figure 3 shows the 2006 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2006 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 1 TRAFFIC ANALYSES The following describes the infrastructure improvements necessary to accommodate the proposed project: • The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 southbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Rouie 11 interchange; • In order to facilitate u-turns, a southbound lane is to be constructed at the Route 37/Route 11 interchange between the northern and southern Route 11 ramps; • The intersection of Route 37/I-81 northbound ramps is to be realigned to the east at the approximate location of the existing Tasker Road; • Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe Boulevard is to be constructed as a four -lane facility between the I-81 northbound ramps and the realigned Tasker Road. TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were established using the 6' Edition of ITE's Trip Generation' Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 1 summarizes the trip generation results, along with internal/pass-by trip reductions, for the proposed Crosspointe Center development. A detailed description of internal trip interaction is provided in the Appendix section of this report. PN TiA A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 4 • Average Daily. Trips Figure 3 2006 Background Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center PJL� September 10, 2003 N Page 5 • Denotes Free -Flow Lane AM Peak Hour (PM Peak Hour) Figure 4 2006 Background Lane Geometry and Levels of Service PHR1� A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 6 A • t r 11 11 11 11 11 V 11 11 11 11 II II 119 Table 1 Phase 1: Crosspointe Center Development Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total PM Peak Hour In Out Total ADT Percentage of Total 210 Single -Family Detached 415 units 75 225 300 248 139 387 4,150 230 Townhouse/Condo 100 units 9 43 51 41 20 61 870 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 820 Retail 370,000 SF 213 136 348 715 774 1,489 15,810 i Total Trips 301 406 707 1,009 938 1,948 21,178 100% Total Internal 54 54 108 231 231 462 4,901 I 20% Total Pass -by 26 26 52 112 112 223 2,371 10% Total "New Trips" 221 326 546 667 596 1,263 13,905 1 70% TRIP DISTRIBUTION AND TRIP ASSIGNMENT (PHASE 1) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 5 to assign the Phase 1 Crosspointe Center trips (Table 1) throughout the study area roadway network. Figure 6 shows the development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. 2006 BUILD -OUT CONDITIONS (PHASE 1) The 2006 background traffic conditions shown in Figure 3 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps. The Phase 1 Crosspointe Center assigned trips (Figure 6) were then added to the revised background volumes to obtain 2006 Phase 1 build -out conditions. Figure 7 shows 2006 Phase 1 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2006 Phase 1 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 1) The traffic impacts associated with the Phase 1 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2006 Phase 1 build -out conditions. u PHR1\ A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 7 Figure 5 Phase 1 Trip Distribution Percentages PHRn A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 8 • AM teak liour(rlvi reax !lour) Average Dafly Trips `J TJ A** Volume includes pass -by trips Figlurle 6 Phase 1 Development -Generated Trip Assignments PT4R+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 9 Q W, S13o ro r No Scale (33 228 01, a Off -Ramp 11 37 SITE *63� IJ J3 7'ask,,R Oad !C1. Qt Sg jLpaa SITE 0 37 0 M AM Peak Hour(PM Peak Hour) Average Dafiv. Trips -P,,P+A Figure 7 2006 Phase I Build -out Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center 0, 2003 + September 1 HJ A Page 10 P R,, Denotes Free -Flow Lane T T * Denotes Unsignalized Critical Movement IJT JQ+/ A \ AM Peak Hour (PM Peak Hour) Figure 8 2006 Phase 1 Build -out Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center P R+A September 10, 2003 HPage 11 2009 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2009. Figure 9 shows ' the 2009 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 10 shows the respective 2009 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets 1 are provided in the Appendix section of this report. PHASE 2 TRAFFIC ANALYSES 1 The following describes the infrastructure improvements necessary to ' accommodate the proposed project: • The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 southbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Route 11 interchange; • In order to facilitate u-turns, a southbound lane is to be constructed at the Route i37/Route 11 interchange between the northern and southern Route 11 ramps; • The intersection of Route 37/I-81 northbound ramps is to be realigned to the east at the approximate location of the existing Tasker Road; • Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe Boulevard is to be constructed as a four -lane facility between the I-81 ' northbound ramps and the realigned Tasker Road; a Crosspointe Boulevard is to be constructed as a two-lane half -section between Tasker Road and the partially constructed Warrior Drive; • Warrior Drive is to be constructed north of Crosspointe Boulevard. ' TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were ' established using the 6`h Edition of ITE's Trip Generation Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 2 summarizes the trip generation results, along with internal/pass-by trip reductions, ' for the proposed Crosspointe Center development. A detailed description of internal trip interaction is provided in the Appendix section of this report. PHR+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 12 0 AM Peak Hour(PM Peak Hour) Figure 9 2009 Background Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center P R+A September 10, 2003 HPage 13 i 0 � Denotes Free -Flow Lane AM Peak Hour (PM Peak Hour) Figure 10 2009 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 14 0 Table 2 Phase 2: Crosspointe Center Development Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Percentage of Total 210 Single -Family Detached 775 units 138 414 552 435 245 679 7,750 230 Townhouse/Condo 200 units 15 74 89 73 36 109 1,740 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 710 Office 90,000 SF 151 21 171 31 150 180 1,224 820 Retail 440,000 SF 236 151 386 801 868 1,669 17,673 i Total Trips 544 661 1,205 1,346 1,302 2,648 28,735 100% Total Internal 80 80 159 330 330 660 6,954 I 20% Total Pass -by 29 29 58 125 125 250 2,651 7% Total "New Trips" 435 553 988 890 847 1,737 19,130 I 73% TRIP DISTRIBUTION AND TRIP ASSIGNMENT (PHASE 2) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 11 to assign the Phase 2 Crosspointe Center trips (Table 2) throughout the study area roadway network. Figure 12 shows the development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. 2009 BUILD -OUT CONDITIONS (PHASE 2) The 2009 background traffic conditions shown in Figure 9 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps. The Phase 2 Crosspointe Center assigned trips (Figure 12) were then added to the revised background volumes to obtain 2009 Phase 2 build -out conditions. Figure 13 shows 2009 Phase 2 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 14 shows the respective 2009 Phase 2 build - out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 2) The traffic impacts associated with the Phase 2 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2009 Phase 2 build -out conditions. A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 15 �I Figure 11 Phase 2 Trip Distribution Percentages A Phased Traffic Impact Analysis of Crosspointe Center Plr� September 10, 2003 u Page 16 • Am reaK nourkrlvi reaK nuur) DailyAverage I_P_ J 1 I A ** Volume includes pass -by trips Figure 12 Phase 2 Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Crosspointe Center PH1� September 10, 2003 Page 17 0 Ir 11 11 11 11 11 11 11 11 II AM Peak Hour(PM Peak Hour) Figure 13 2009 Phase 2 Build -out Traffic Conditions 11 A Phased Traffic Impact Analysis of Crosspointe Center P September 10, 200 Page 18 0 R� Denotes Free -Flow Lane T T A * Denotes Unsignalized Critical Movement IJT TI+/ \ AM Peak Hour (PM Peak Hour) Figure 14 2009 Phase 2 Build -out Lane Geometry and Levels of Service PHR+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 19 r I,] 2012 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2012. Figure 15 .shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 16 shows the respective 2012 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 3 TRAFFIC ANALYSES The following describes the infrastructure improvements necessary to accommodate the proposed project: • The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 southbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Route 11 interchange; • In order to facilitate u-turns, a southbound lane is to be constructed at the Route 37/Route 11 interchange between the northern and southern Route 11 ramps; • The intersection of Route 37/I-81 northbound. ramps is to be realigned to the east at the approximate location of the existing Tasker Road; • Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe Boulevard is to be constructed as a four -lane facility between the I-81 northbound ramps and Warrior Drive; • Warrior Drive is to be constructed to provide site -access to/from the south. ' TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were A established using the 6' Edition of ITE's Trip Generation Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 3 summarizes the trip generation results, along with internal/pass-by trip reductions, for the proposed Crosspointe Center development. A detailed description of internal trip interaction is provided in the Appendix section of this report. PT4R+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 20 AM Peak Hour(PM Peak Hour) Average Daily Trips Figure 15 2012 Background Traffic Conditions PHR+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page21 I 0' 0 P � Denotes Free -Flow Lane AM Peak Hour (PM Peak Hour) ::PH Figure 16 2012 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center P0, TTR/``September 12003 1---11- `1 1 Page 22 • • Table 3 Phase 3: Crosspointe Center Development Trip Generation Summary Code Land Use Amount AM Peak In Out Hour Total PM Peak Hour In Out Total ADT Percentage of Total 210 Single -Family Detached 1,110 units 197 590 786 661 338 939 11,100 230 Townhouse/Condo 280 units 20 96 116 96 47 144 2,436 253 Elderly Housing - Attach 200 units 9 5 14 12 , 8 20 696 710 Office 190,000 SF 274 37 311 50 243 292 2,173 820 Retail 750,000 SF 324 207 531 1,139 1,234 2,374 24,902 Total Trips 823 935 1,758 1,898 1,871 3,769 41,307 1 100% Total Internal 114 114 228 482 482 964 10,069 I 20% Total Pass -by 40 40 80 178 178 356 3,735 7% Total "New Trips" 669 782 1,450 1,238 1,211 2,449 27,502 I 73% TRIP DISTRIBUTION AND TRIP ASSIGNMENT (PHASE 3) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 17 to assign the Phase 3 Crosspointe Center trips (Table 3) throughout the study area roadway network. Figure 18 shows the development -generated ANT/PM peak hour trips and ADT assignments at key locations throughout the study area. 2012 BUILD -OUT CONDITIONS (PHASE 3) The 2012 background conditions shown in Figure 15 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps and the completion of Warrior Drive to the south. It was assumed that the completion of Warrior Drive will result in a diversion of 20% of the background traffic from Tasker Road (south of Crosspointe Boulevard) as well as attract an additional 1000 daily trips from Route 277. The 2012 Phase 3 build -out conditions were obtained by adding the Phase 3 Crosspointe Center assigned trips (Figure 18) to the revised 2012 background traffic volumes. Figure 19 shows 2012 Phase 3 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 20 shows the respective 2012 Phase 3 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 3) The traffic impacts associated with the Phase 3 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2012 Phase 3 build -out conditions. A Phased Traffic Impact Analysis of Crosspointe Center PHR+A September 10, 2003 Page 23 A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 24 0 0 No Scale �p15�`69l (Sy�3 dale f �l S8 o^ %Qz NN �,Oovl fr6� SITE tr Q o V SITE 4 f R OS 37 ' �19)jsj h �(I rySSJ ry r619 lb 11 ( 0(1 8) CrossPoint. �t 9S�z9 150, `gyp^1 ) _� d` (199)60 j it OS)66`"* } 1 o 1 L oa AM Peak Hour(PM Peak Hour) DailyAverage ** Volume includespass-by trips Figure 18 Phase 3 Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Crosspointe Center PT1� September 10, 2003 I4 Page 25 AM Peak Hour(PM Peak Hour) Average 1 nT Try--�-n Figure 19 2012 Phase 3 Build -out Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center PT-403 R September 10, 26 1 � Pagee 26 R\\ Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 20 2012 Phase 3 Build -out Lane Geometry and Levels of Service P,_TR+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 27 r APPENDIX 4 1 1 140 M 1 I Tnhle A- Phnce 1 Tnternal/Pass-bv Trio Interaction AM Peak Hour PM Peak Hour Percentage Trips Going to/from Reduced Land Usi In Out Total In Out Total ADT Residential Retail 33 21 54 ill 120 231 2,451 15.5% Total Percentages 16% 16% 16% 16% 16916 16% 16% 15.5% Pass -by Retail 26 26 52 112 112 223 2,371 15.0% Total Percentages 12% 19% 15% 16% 14% 15% 15% 15.2% Office/Retail Residential 21 33 54 120 Ill 231 2,451 Reciprocal Total Percentages 25% 12% 15% 42% 69% 51% 49% 37.7% Total Retail Internal Trips 33 21 54 ill 120 231 2,451 16% Total Retail Pass -by Trips 26 26 52 112 112 223 2,371 15% Total Retail "New" Trips 153 89 242 492 543 1,035 10,988 70% Total Office Internal Trips 0 0 0 0 0 0 0 0% Total Office "New" Trips 0 0 0 0 0 0 0 100% Total Residential Internal Trips 21 33 54 120 ill 231 2,451 38% Total Residential "New" Trips 67 237 304 175 53 228 2,917 62% Total Internal 54 54 108 231 231 462 4,901 Total Percentages 18% 13% 15% 23% 25% 24% 23% 20% Total Pass -by 26 26 52 112 112 223 2,371 Total Percentages 9% 6% 7% 11 % 12% 11 % 11 % 10% Total "New Trips" 221 326 546 667 596 1,263 13,905 Total Percentages 73% 80% 77% 66% 63% 65% 66% 70% Total Trips 301 406 707 1,009 938 1,948 21,178 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% i Table B- Phacn 2 1ntP.rnal/PaSc-hv Trin Interaction ✓ AM Peak Hour PM Peak Hour Percentage Trips Going to/from Reduced Land Us( In Out Total In Out Total ADT Residential Retail 41 26 68 140 152 292 3,093 17.5% Office Retail 5 3 8 16 17 33 353 2.0% Total Percentages 20% 20% 20% 20% 20% 20% 20% 19.5% Pass -by Retail 29 29 58 125 125 250 2,651 15.0% Total Percentages 12% 19% 15% 1691. 14% 15% 15% 15.2% Residential Office 4 1 4 1 4 5 31 2.5% Retail Office 3 5 8 17 16 33 353 Reciprocal Total Percentages 4% 25% 7% 59% 13% 21 % 31 % 23.1 % Office/Retail Residential 27 45 72 156 141 297 3,123 Reciprocal Total Percentages 18% 9% 11 % 31 % 50•16 38% 33% 27.1 % Total Retail Internal Trips 46 29 75 156 169 326 3,446 20% Total Retail Pass -by Trips 29 29 58 125 125 250 2,651 15% Total Retail "New" Trips 161 92 253 520 574 1,094 11,576 66% Total Office Internal Trips 7 5 12 18 20 38 384 23% Total Office "New" Trips 144 15 159 13 130 142 840 77% Total Residential Internal Trips 27 45 72 156 141 297 3,123 27% Total Residential 'New" Trips 131 445 576 358 144 502 6,715 73% Total Internal 80 80 I59 330 330 660 6,954 Total Percentages 15% 12% 13% 25% 25% 25% 24% 20% Total Pass -by 29 29 58 125 125 250 2,651 Total Percentages 5% 4% 5% 9% 10% 9% 9% 7% Total "New Trips" 435 553 988 890 847 1,737 192130 Total Percentages 80% 84% 82% 66% 65% 66% 67% 73% Total Trips 544 661 1,205 1,346 1,302 2,648 28,735 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% H 0 • Table C: Phase 3 Internal/Pass-by Trip Interaction h AM Peak Hour PM Peak Hour Percentage Trips Going to/from Reduced Land Usi In Out Total In Out Total ADT Residential Retail 58 37 96 205 222 427 4,482 18.0% Office Retail 6 4 11 23 25 47 498 2.0% Total Percentages 20% 20% 20% 20% 20% 20% 20% 20.0% Pass -by Retail 40 40 80 178 178 356 3,735 15.0% Total Percentages 12% 19% 15% 16°/a 14% 15% 15% 15.2% Residential Office 7 1 8 1 6 7 54 2.5% Retail Office 4 6 11 25 23 47 498 Reciprocal Total Percentages 4% 20% 6% 52% 12% 19% 25% 19.7% Office/Retail Residential 38 65 103 228 206 435 4,537 Reciprocal Total Percentages 18% 9% 11% 33% 54% 40% 34% 28.4% Total Retail Internal Trips 65 41 106 228 247 475 4,980 20% Total Retail Pass -by Trips 40 40 80 178 178 356 3,735 15% Total Retail "New" Trips 219 126 345 734 809 1,543 16,186 65% Total Office Internal Trips 11 7 18 26 29 55 552 20% Total Office "New" Trips 263 30 293 24 214 238 1,620 80% Total Residential Internal Trips 38 65 103 228 206 435 4,537 28% Total Residential "New" Trips 187 626 813 481 187 668 9,695 72% Total Internal 114 114 228 482 482 964 10,069 Total Percentages 14% 12% 13% 25% 26% 26% 24% 20% Total Pass -by 40 40 80 178 178 356 3,735 Total Percentages 5% 4% 5% 9% 10% 9% 9% 7% Total "New Trips" 669 782 1,450 1,238 1,211 2,449 27,502 Total Percentages 81% 84% 83% 65% 65% 65% 67% 73% Total Trips 823 935 1,758 1,898 1,871 3,769 41,307 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% REZONING A PPL ICA TION CROSSPOINTE CENTER August, 2003 Prepared By. gilbert w. clifford & associates, inc. En*om Laid Planner water WdRy 117 E. Pico* SL Vmdmter, WO* 22601 VW- (540) 667-2139 FAk- (540) U5-04s3 aW- qwd%rw6w-COm 0 • �.� n IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS REZONING REVIEW AND APPROVAL OF CROSSPOINTE CENTER Shawnee Magisterial District August 20, 2003 Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-09493 E-mail: gwcaram@earthlink.net and Walsh, Colucci, Lubeley, Emrich & Terpak, PC 9324 West Street Suite 300 Manassas, VA 20110 Phone 703-330-7400 Fax: 703-330-7430 E-mail: jfoote@=.thelandlawyers.com ahaase@mn.thelandlawyers.com Table of Contents I. ; Application II. Executive Summary III. Impact Analysis A. Project Background and History B. Location and Access C. Site Suitability D. Traffic E. Water Supply and Sewage Conveyance F. Site Drainage G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Impact Model V. Proffer Statement VI. Agency Comments VH. Survey Plat and Deed VIU. Tax Ticket IX. Appendix Crosspointe Center Impact Analysis Statement Section V Proffer Statement REZONINGAPPLICA TION August, 200 Prepared By. gilhert w. Clifford & associates, inc. Enows Lard Pkvdwrr uA-ta QjdRy 117 E, Pioa* St *the", %W* 22601 41IM (W) 667-2139 F (540) W-M EVIL: 99M&WWR .com IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL D1 CROSSPOINTE CENTER Shawnee Magisterial District August 20, 2003 Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-09493 E-mail: gwcaram@earthlink.net and Walsh, Colucci, Lubeley, Emrich & Terpak, PC 9324 West Street Suite 300 Manassas, VA 20110 Phone 703-330-7400 Fax: 703-330-7430 E-mail: ifoote@=.thelandlawyers.com ahaase@,mn.thelandlawyers.com Table of Contents I. Application II. Executive Summary M. Impact Analysis A. Project Background and History B. Location and Access C. Site Suitability D. Traffic E. Water Supply and Sewage Conveyance F. Site Drainage G. Solid Waste Disposal Facilities H. Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Impact Model V. Proffer Statement VI. ' Agency Comments VII. Survey Plat and Deed VIII. Tax Ticket IX. Appendix Crosspointe Center Impact Analysis Statement ' Section I Application 1 1 i 1 1 1 1 r REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o Chuck Maddox 117 E. Piccadilly Street Suite 200 Winchester. Virginia 22601 2. Property Owner (if different than above) Name: Glaize Developments, Inc Telephone: 662-7980 Address: P.O. Box 888 Winchester, VA 22604 3. Contact person if other than above Name: Chuck Maddox Telephone: 667-2139 ' 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X ' Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Fred L. Glaize, III b. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant - Commercial & Residential ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Kemstown Area — East and adjacent to Tasker Road where VA Route 37 ends 0) Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Shawnee Stephens City Districts High School: Middle School: Rescue Service: Stephens City Elementary School: Sherando James Wood & R.E. Aylor Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 16.95 B2 No Change 175.62 RA B2 381.80 RA RP 574.37 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 1242 Townhome 336 Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Souare Footaize of Proposed Uses Office 100,000 SF Service Station Retail 750,000 SF Manufacturing Restaurant Warehouse Other 91 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand, that the sign issued when this. application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of- way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) GLAIZE .DEVELOPMENTS NC. Owners) Fred L. Glaize, III, Vice President I I Date Date Date c3 d 70. Date Crosspa. ,e Center 75-A-99A Winc. Artri UP Partnership """` "J 11501 Huff Court, N. Bethesda, MD 20895 75-A-93 76-A-13 Paul M. Haldeman Jr W.F. Arttin Jr. P.O. Box 2751, Winchester VA 22604 63-2 116 John C & Frances L Russell Jr 1726 Front Ro al Pike, Winchester, VA 22602 285 Caldwell Lane 63 -2-B Hammon Investment Co.. Inc. Winchester VA 22602 9.31 Pinto Circle, Nohomis, FL 34275 63-2-C 75-4-1 Commonwealth of VA P.O.:Box 67, Richmond, VA23218 75-4-2 Brubaker Enter rises, LTD Shiho; Inc. 3407 Cedar Creek Grade, Winchester VA 22602 75-A-8.7A. Jose h & Judith Stossel P.O, Box 3276Winchester VA.22604 176 Pickett Lane, Stephens City, 75-1-A 75-A-87B Fred. Co. Sanitation Authorit VA 22655 P.O. Box 1877, Winchester, VA 22604 75-A-84 Ronald Norwood Heath Coreen Dail 216 Pickett Lane, Stephens Cit ; VA 22655 75-A-97 Steve Dubrueler 244 Pickett Lane, Stephens Cit , VA 22b55 64-A-24 Paul M Haldeman Jr 346 Saddleback Lane, Winchester VA 22601 P.O. Box, 2751, 75G-7-6-194 Lakeside Homeowners Assoc. Winchester VA 22604 P.O. Box 746, Stephens City,VA 75G 4-4B-59 75G 4-4B-60 Jeffre Warren R. odne &Suzanne To 22655 . 105 Jade Ct. Ste hens City, VA 22655 102 Jade Ct., Stephens City, VA 22655 agricultural RA Agricultural RA Agricultural. RA A ricultural RA Commercial M1 State Government RA Commercial B2 Commercial 132 Residential . RA Office/Utilit B2 Residential RA Residential RA Residential RA A ricultural RA Open Space RP Vacant RP Vacant RP I I 1 I D I 1 1 �L� Crosspointe Center Section II Executive Summary Impact Analysis Statement � I � I � I I I L 1 iJ I Crosspointe Center Impact Analysis Statement Glaize Developments, Inc., a Virginia corporation, is the owner of property encompassing approximately 626.37 acres, located immediately east of the intersection at Tasker Road and Va. Route 37. The total area is composed of eight parcels, and is more particularly identified among the tax rolls of Frederick County as 75-A-89, 89A, 90, 91, 92, 94, 95 and 96 (the "Property"). With the exception of approximately 17 acres, zoned to the B-2 designation, the parcels in their entirety are currently zoned "RA." The Property lies mostly within the Urban Development Area ("UDA'), and is easily accessible from Interstate 81, Route 37, and Tasker Road. Fifty-two acres lie outside the UDA and this area is not a part of the petition for rezoning. The area which is subject to rezoning totals 557.42 acres. When the County's Eastern Road Plan is implemented, an extension from I-81 and Route 37, Tasker Road, and Warrior Drive will connect within the Property. Because of these locational attributes, the Property is uniquely poised for development as a significant retail and commercial center for the County and greater Shenandoah Valley region. Accordingly, Glaize Developments (the "Applicant") proposes to rezone the Property to Residential Performance ("RP") and Business General District ("B-2"). Upon full build -out, the mixed -use project, to be known as "Crosspointe Center," will consist of 960,000 square feet of commercial area, consisting of 110,000 SF, of general commercial that is available in the existing B-2 area, 750,000 SF of retail, and 100,000 SF of office uses as well as 1,578 residential dwelling units of which 200 will be age restricted dwellings and no more than 1,042 shall be single family detached dwelling units. The Historic Hilandale House will be preserved, and the surrounding property will be rezoned to the B-2 zoning designation. CROSSPOINTE L OCA TION MAP FREDERICK COUNTY. VIRGINIA gilbert w. clifford c & associates, inc. Enghem Land Plamera Water ouelty 117 E. P�ily SL Ifmchester, Vrgina 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 E1MIL• arclittOmnsinc.com FIGURE 1 ffi PROJECT SITE FREDERICK COUNTY SEWER -WATER SERVICE AREA FREDERICK COUNTY--' URBAN DEVELOPMENT BOUNDARY 486*06 CROSSPOINTEgilbert w. clifford & associates, inc. oSITE AREA DESCRIPTION '� L""d P'e""°r' Water °i' 117 E. Picodill St. Winchester, Vir inio 22601 FREDERICK COUNTY, VIRGINIA VOICE: (540) 667-2139 rAX: (540) 565-0493 EMWL• gwcrrff@mnsinc.com FIGURE z Crosspointe Center Impact Analysis Statement a Section III Impact Analysis 1 I 1 I Crosspointe Center Impact Analysis Statement �1 1 1 1 1 I I A. Project Backgyound and History Crosspointe is an assemblage of eight different tracts acquired by the Applicant over the past thirty-five years. It includes the 303-acre "Stiles" tract, the 250-acre `Burleson" tract, and the 87-acre "Carriebrooke" tract. The Property is located in central Frederick County, within the Urban Development Area. Historically the Property was utilized for agricultural purposes, however, no agricultural uses exist today except grazing lands. As is true throughout the Shenandoah region, the Property contains some features associated with the Civil War, and in particular, Camp Russell and the Hilandale House. "Camp Russell" is known as an encampment constructed in 1864 as part of the Union's Valley Campaign, led by General Sheridan. Hilandale House, initially constructed in the late 1700's, was occupied during that campaign by the Union forces. Although Hilandale is not listed on the State or National Register of Historic Places, it has been preliminarily reviewed by the Department of Historic Resources as a property possibly eligible for such listing. In a large measure, the Property was attractive for agricultural use due to the presence of two major streams that flow through the property - the Opequon Creek to the south and Hoge Run to the north. Today, however, the Property is extremely desirable for commercial and residential development because of its central location within the UDA and Frederick County, as well as its proximity to Stephens City and existing subdivisions such as Lakeside Estates, Mosby Station, The Camp, The Guards, Wakeland Manor, Frederick Woods and Cantor Estates, the availability of nearby water and sewer facilities, and major thoroughfares, including Interstate 81 and Va. State Route 37 (See "Figures 1 and 2") 1 n L_. Crosspointe Center Impact Analysis Statement The Comprehensive Plan for Frederick County envisions intensive development within the Urban Development Area. In keeping with that vision, the Applicant proposes a mixed -use rezoning to Residential Performance ("RP") and Business General Districts ("B-2") for the Property. The 25-acre commercial area containing the historic Hilandale House is proposed for rezoningto the B-2 designation, but Hilandale House itself will be reserved. � P Because of the project's scale, the Applicant anticipates three phases of development over a period of 10 or so years. At full build -out, the proposed Crosspointe Center development will contain an approximate total of 960,000 square feet of commercial area,consisting of 110,000 square feet of existing B-2, 75 0, 000 square feet of retail area and 100,000 square feet of office and other commercial use. The 1,578 proposed residential units will include a variety of those mixed housing dwelling units allowed under the RP zoning regulations. Truly a mixed -use development, during the first phase the Applicant anticipates construction of a 220,000 square foot community shopping center complex to be anchored by a grocery store, and approximately 260,000 square feet of general commercial use. During that initial phase the Applicant also proposes a mix of 616 dwellings, of which 100 shall be age -restricted units. Those portions of the intended residential development are to be located in two land bays to the north of the shopping center, bounded to the south by both Tasker Road and Hilandale Lane. Timing of the phases will depend upon many factors, and particularly, transportation improvements. Therefore, pending certain transportation improvements as described herein, the Applicant's proposal for Phase H consists of no less than another 70,000 square feet of retail area, and 513 mixed housing types, including another 100 age -restricted units. Once Phase II is completed, there would be 550,000 square feet of commercial area, with a minimum of 290,000 square feet dedicated to retail usage, and 90,000 dedicated to office uses. The remainder of the 1 I CJ I Crosspointe Center Impact Analysis Statement project would be constructed in Phase III and would include 310,000 square feet of retail and 100,000 square feet of office area. Residential development in that phase will include another 449 dwelling units. The project phasing and density is summarized on Table 1 and Table 2. Access to utilities is integral to Urban Development Area growth, and major utility access to the proposed project is plentiful. Water is available from the 20" FCSA water transmission main, sewer service from the 18" FCSA sewer line to the HP Hood and the Kernstown areas, and gas from the Shenandoah Gas primary main that serves Frederick County. Numerous electric and telephone service locations within and surrounding the site are likewise available. Proposed realignments and extensions of existing roads will connect at Crosspointe to provide alternate travel routes in the area, and consequently mitigate traffic congestion. Interstate 81 and Route 37 from an interchange immediately west of the site; in fact, the existing Interstate 81 alignment bisected the former Burleson tract, resulting in residual parcels at all four quadrants of the interchange. Tasker Road (Va. State Route 642) traverses the western boundary of the Property and also provides access to the Shenandoah Gas and Verizon facilities to the north. (See Figure 3). When the County adopted the Eastern Road Plan, it selected the Stiles tract as the primary location for an interchange between Warrior Drive and the formerly proposed Route 37 extension. That selection laid the road network foundation necessary for the future development of a significant economic development hub in the County, similar to the commercial areas already established in the City of Winchester. However, to date, Frederick County has continued to lag far behind the City of Winchester in the development of retail commercial facilities, thereby losing a generous and substantial source of tax base and revenue that typically 11 Crosspointe Center Impact Analysis Statement accompanies such development. Moreover, even though residential development has proliferated from the south of the Property to Stephens City in the past few years, little, if any, commercial development has occurred within that same area. Because of its locational attributes, it is not surprising that County planners envision this site as a major shopping district to serve not only the planned urban and rural areas of Frederick J PP g Y ' County, but also the region. The potential widespread demographics of a regional customer base allows Crosspointe developers the opportunity to attract major anchors now lacking in the City and County, and to generate new and significant sources of desirable tax revenue. The rezoning petition contained within this document proposes a development composed of substantial retail and commercial segments, consistent with the County's Comprehensive Plan. The project, by virtue of its size alone, is necessarily a mixed -use development that is master planned for "Smart Growth" in Frederick County. In fact, the controlled and planned manner of the various land uses is an integral component of "Smart Growth." Other Smart Growth strategies implemented in this proposal include, but are not limited to, provision of ' various housing types, coordination and connectivity of existing transportation infrastructure, and perhaps most importantly, the concentration of jobs and homes within one cohesive community. Overall, upon completion the proposed Crosspointe development would meet many Comprehensive Plan goals: • Protect the historic resources in Frederick County. • Provide for a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population. Crosspointe Center Impact Analysis Statement • Support a business climate conducive to economic activity and orderly economic growth. • Provide support to travel and tourist related activities. • Provide for development according to the capacity of the natural environment to carry that development. • Develop land according to the characteristics of the land and the facilities available. • Develop land in accordance with standards that provide for appropriate quality of development. • Confine urban forms of land development to the Urban Development Area. • Provide efficient and environmentally sensitive use of land in the Urban Development Area. • Provide sufficient land and a diversity of locations for a wide range of suburban housing types. • Provide for livable, high quality suburban residential neighborhoods. • Provide sufficient land and a diversity of locations for business and industrial uses. • Carefully locate and limit business and industrial areas to avoid conflicts with other uses and to avoid traffic impacts. • Provide for quality business and industrial areas. • Ensure that business corridors develop in a manner which is attractive, functional, and reflects positively on the community. • Ensure that corridors develop in a fashion that is sensitive to environmental, visual, and transportation impacts. Crosspointe Center Impact Analysis Statement • Ensure that a satisfactory level of service for turning movements is provided along business corridors. • Provide key economic development sites. • Allow large-scale new communities that are creatively and appropriately designed to provide the highest possible quality of development. • Provide a safe and efficient road system throughout the County. • Coordinate land use planning and decisions with transportation planning. • Provide for adequate and safe pedestrian and bicycle travel. • Provide appropriate services and facilities to serve planned land uses and development. • Ensure that appropriate open space and recreational facilities are provided in urban rand rural areas. In summary, the Applicant has assembled the Property, and with the current increased rpopulation base within the area, now proposes a regional commercial center as well as new and rvaried housing opportunities for young and old citizens currently within and outside of Frederick County. Confronted with limited retail resources, County citizens are now forced to shop in the City of Winchester or other places outside of the County to fulfill their shopping needs. Those rshopping patterns, combined with the normal and expected growth in the region, create excellent demographic and economic conditions for the development of Crosspointe, and thus, generation of tax revenue for the County. Approval of Crosspointe, with its commercial services and pp P r Crosspointe Center Impact Analysis Statement attendant residential uses, will enable the County to implement many Comprehensive Plan goals ' by planning for and locating anticipated growth within the Urban Development Area. n 17 1� 1 Ll iJ J J 11 J 11 Crosspointe Center Impact Analysis Statement B. Location and Access r As Figures 1, 2, and 3 depict, the Property is located in the central section of Frederick 1 bounded to the west b I-81 and Tasker Road. Initially, access to the project will be County, Y from the Route 37/I-81 interchange by way of a relocation of Tasker Road, as well as an extension of a collector roadway east of the interchange ("Crosspointe Boulevard"). The Applicant proposes to develop the project over three phases, and during each phase certain road improvements will occur. However, during the first two phases access will be provided from Tasker Road and Crosspointe Boulevard, site of the improved interchange connection. These improvements, shown on Figure 3, will be described in greater detail below and in the Traffic ' Impact Analysis ("TIN'), prepared by PHRA and contained in Appendix `B." ' In order to alleviate the current deteriorating traffic conditions at the I-81 interchange, Route 37, and Tasker Road, the Applicant proposes a plan to enable the Virginia Department Of Transportation ("VDOT") and Frederick County to improve the access ramps from the existing Interstate 81 northbound -off and northbound -on ramps. This improvement would occur during Phase I development. ' During Phase I, the Applicant will extend Crosspointe Boulevard and Hilandale Lane, as ' well as realign Tasker Road in an easterly direction. In Phase II, the Applicant will extend Tasker Road further to the east, construct a two-lane extension of Crosspointe Boulevard, and 1 construct a section of Warrior Drive in the northern portion of the development. At the third and ' final phase, Warrior Drive will be extended to provide access to and from the south limits of the development, through the "Urban Development Area." Additionally, Crosspointe Boulevard ' will be expanded to four lanes. 11 I I 1 11 Crosspointe Center Impact Analysis Statement C. Site Suitability As previously stated, adequate water and sewer utilities are available to serve the site, and Interstate 81, Tasker Road, and Route 37 are easily accessed to and from the proposed development. The site primarily lies within the Martinsburg shale region of Frederick County. Additionally, the western portion of the site lies on the traditional boundary between shale and limestone, which is common to many sites in Frederick County. (See Figure 6). The high elevation on the project is 758; the low is 642. The site is best characterized as a flat, level plain that extends to steeply eroded slopes near the stream channels. Typical of Frederick County, the stream channels in the Opequon and Hoge Run locations run in a west to east direction, and provide defined corridors or greenways that include floodways and steep slopes. Vegetation is composed primarily of a mixture of mature hardwood trees and open pasture, replete with characteristic cedar and other varieties of native species, woodlands compose 51% of the total Property. A summary of the important physical characteristics of this site is included in the following table: Crosspointe Site Characteristics Total Project Area 574.37 f Acres Area in Flood Plain 69 12% Area in Woodlands 294 51% Area in Steep Slopes 12 2% Area in UDA 574.37 100% Area in SWSA 574.37 100% Crosspointe Center Impact Analysis Statement Figure 4 delineates the areas listed above and Figure 5 depicts the current Frederick County Comprehensive Plan designation for this area, which is Planned Use Development and Mixed Use Development. The site has adequate water and sewer utilities, as well as adequate vehicular access. Moreover, the proposed rezoning is consistent with the Comprehensive Plan, and in fact, essentially tracks the Southern Frederick Land Use Plan. For these reasons, this Property is ideally suited for the proposed rezoning and development. li6�.Ad I x fit! t. PHRA FIGURE 4 • _ _ �• .-ice -,' ..... � . ���; !ray���,. , _ `° ` ."� . � ; . , � , .:, • 9K IC / (l t T jo- .i7!i. Tf r ; r7. 1 t IIS �s ®R ®���®� gilbert w. difford & associates, inc. J O O Geology Map�'� L.r+d Plrtws ilolai.r Cui�► Q Cy 197 E Roadiy & 9ides4er, Yrginio 22609 fRJ' 7D?/ ( CQMY, Kfi'8;✓NM WM- (540) 667-2131 FAX (SO) 615-M BWU g.dftrmw%, a ^ FIGURE 6 t t t 1 1 1 1 1 1 1 1 1 1 1 1 Crosspointe Center D. Traffic Impact Analysis Statement The site is ideally situated to provide implementation of the County's UDA by using existing road networks but also by creating an improved traffic system. The plan proposed here implements the County's Eastern Road Plan, and initiates a portion of VDOT's primary road plan. There are two critical traffic issues in the general area of the proposed development that serve as starting points for the traffic analysis. The first is the interchange at I-81 and Va. Route 37, where there is an existing substandard level of service on the northbound off ramp, primarily during the a.m. peak hour. The second critical point is Tasker Road, which carries significantly more traffic each year due to the anticipated growth within the UDA as well as cut -through traffic from U.S. Route 522 to the south. A full traffic analysis of these conditions, including future background and build out conditions, is included in Appendix B of this application. Consultation with VDOT over the past two years has led to the conclusion that a solution to the existing substandard level of service can be realized by a realignment of Tasker Road to a point further east of the existing interchange, thus providing right of way for VDOT to pursue safety improvements to the I-81 ramp system. Phase One Improvements Phase One Road Improvements are shown on Figure 7 and described below: A to B: An additional 12' travel lane will be constructed on the south bound lane of U.S. Route 11 between the two interchange intersections with US Route 11 which will allow a continuous travel lane for west -bound Route 37 traffic to re-enter east -bound Route 37. This improved traffic movement will allow the scheduled elimination of the west -bound Route 37 left 1 1 r A I 1 Denotes Free -Flow Lane A AM Peak Hour (PM Peak Hour) Figure 4 2006 Background Lane Geometry and Levels of Service PH Rn A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 6 Table 1 Phase 1: Crosspointe Center Development Trip Generation Summary AM Peak Hour PM Peak Hour Percentage Code Land Use Amount In Out Total In Out Total ADT of Total 210 Single -Family Detached 415 units 75 225 300 248 139 387 4,150 230 Townhouse/Condo 100 units 9 43 51 41 20 61 870 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 820 Retail 370,000 SF 213 136 348 715 774 1,489 15,810 Total Trips 301 406 707 1,009 938 1,948 21,178 1 100% Total Internal 54 54 108 231 231 462 4,901 I 20% Total Pass -by 26 26 52 112 112 223 2,371 10% Total "New Trips" 221 326 546 667 596 1,263 13,905 I 70% TRIP DISTRIBUTION AND TRIP ASSIGNMENT (PHASE 1) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 5 to assign the Phase 1 Crosspointe Center trips (Table 1) throughout the study area roadway network. Figure 6 shows the development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. 2006 BUILD -OUT CONDITIONS (PHASE 1) The 2006 background traffic conditions shown in Figure 3 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps. The Phase 1 Crosspointe Center assigned trips (Figure 6) were then added to the revised background volumes to obtain 2006 Phase 1 build -out conditions. Figure 7 shows 2006 Phase 1 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2006 Phase 1 build -out lane geometry and AM/PM peak hour ' levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 1) The traffic impacts associated with the Phase 1 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2006 Phase 1 build -out conditions. PHRl� A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 7 � I IF I I I I 1 1 I Figure 5 Phase 1 Trip Distribution Percentages A Phased Traffic Impact Analysis of Crosspointe Center PHR+A September 10, 2 Pagee 8 8 3B O ��F y No Scale 6s � 0 „ ` L� 41�0 �S d' 01, A Bo O, r 37 Q �{ o, r2 SITE n�m:0 r1�96s8� i � c t e�'o TaS1COf ROad ti c C 'C�°SS•Ooht .. �FQ Se O / /• Oaa ��ip T�ec R SITE L rsZpoo re 37 c 6, s6�'13`�1►`d 0 f3Z�~ ~�9Srr�9J OS L AM Peak Hour(PM Peak Hour) DailyAverage 'TJ A ** Volume includes pass -by trips ■—T T��/ Figure 6 Phase 1 Development -Generated Trip Assignments PH�, A Phased Traffic Impact Analysis of Crosspointe Center L September 10, 2003 Page 9 AM Peak Hour(PM Peak Hour) TJT/ 1 A 1 ■-T _ T J \ Average Figure 7 2006 Phase 1 Build -out Traffic Conditions PHRn A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 10 Denotes Free -Flow Lane Ln,]Q+A * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 8 2006 Phase 1 Build -out Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center R+ASeptember 10, 2003 Page 11 PH -1 L 2009 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2009. Figure 9 shows the 2009 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 10 shows the respective 2009 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 2 TRAFFIC ANALYSES The following describes the infrastructure improvements necessary to accommodate the proposed project: a The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 nouhbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Route 11 interchange; In order to facilitate u-turns, a souhbound lane is to be constructed at the Route 37/Route 11 interchange between the northern and southern Route I I ramps; M• The intersection of Route 37/I-81 northbound ramps is to be realigned to the east at the approximate location of the existing Tasker Road; ' 0 Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe Boulevard is to be constructed as a four -lane facility between the I-81 northbound ramps and the realigned Tasker Road; • Crosspointe Boulevard is to be constructed as a two-lane half -section between Tasker Road and the partially constructed Warrior Drive; • Warrior Drive is to be constructed north of Crosspointe Boulevard. TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were established using the 6t' Edition of ITE's Trip Generation Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 2 summarizes the trip generation results, along with internal/pass-by trip reductions, for the proposed Crosspointe Center development. A detailed description of internal trip interaction is provided in the Appendix section of this report. A Phased Traffic Impact Analysis of Crosspointe Center September 1R+A 12 0, 20H Page 122 AM Peak Hour(PM Peak Hour) Figure 9 2009 Background Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center R+A September 10, 203 Page 13 PH � Denotes Free -Flow Lane A AM Peak Hour (PM Peak Hour) Figure 10 2009 Background Lane Geometry and Levels of Service PHR1� A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 14 Table 2 Phase 2: Crosspointe Center Development Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total In PM Peak Hour Out Total ADT Percentage of Total 210 Single -Family Detached 775 units 138 414 552 435 245 679 7,750 230 Townhouse/Condo 200 units 15 74 89 73 36 109 1,740 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 710 Office 90,000 SF 151 21 171 31 150 180 1,224 820 Retail 440,000 SF 236 151 386 801 868 1,669 17,673 Total Trips 544 661 1,205 1,346 1,302 2,648 28,735 1 100% Total Internal 80 80 159 330 330 660 6,954 I 20% Total Pass -by 29 29 58 125 125 250 2,651 7% Total "New Trips" 435 553 988 890 847 1,737 19,130 I 73% TRIP DISTRIBUTION AND TRIP ASSIGNIVIENT (PHASE 2) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 11 to assign the Phase 2 Crosspointe Center trips (Table 2) throughout the study area roadway network. Figure 12 shows the development -generated A WM peak hour trips and ADT assignments at key locations throughout the study area. 2009 BUILD -OUT CONDITIONS (PHASE 2) The 2009 background traffic conditions shown in Figure 9 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps. The Phase 2 Crosspointe Center assigned trips (Figure 12) were then added to the revised background volumes to obtain 2009 Phase 2 build -out conditions. Figure 13 shows 2009 Phase 2 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 14 shows the respective 2009 Phase 2 build - out lane geometry and AMIPM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 2) The traffic impacts associated with the Phase 2 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2009 Phase 2 build -out conditions. A Phased Traffic Impact Analysis of Crosspointe Center R+A 15 September 10, 20H Page 15 Figure 11 Phase 2 Trip Distribution Percentages A Phased Traffic Impact Analysis of Crosspointe Center P R+A 16 September 10, 20H Page 16 (l69)III 1 No Scale zs a91 bti r O� l� as Bo i o A o,a � l 37 Q & Os, � o SITE 09 z i lrj/ a e b a 7'askl p,d s o ��dmp 'C35k�Road CrOSSPoiryre 81vd SITE o� I 4+ti c / ✓�rz 37 `(, JAq %* Z9( 11J toss 86 (S .� l6JZ `l� J� 89j Po�°+e M� (9) JyJ26l`� �LS1Ifl� 3�`,Aryl�,� (I62)SI-% 0 n� Q AM Peak Hour(PM Peak Hour) Average T T 1Trips IJT ,_D-,- / /� \ ** Volume includes pass -by trips —_ F Figure 12 Phase 2 Development -Generated Trip Assignments R+A 17 A Phased Traffic Impact Analysis of Crosspointe Center September 10, 20 Page 17H7 AM Peak Hour(PM Peak Hour) 4- Figure 13 2009 Phase 2 Build -out Traffic Conditions P ][-, A Phased Traffic Impact Analysis of Crosspointe Center H___A 1 September 10, 2003 Page 18 � Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement J D -4 ! \ AM Peak Hour (PM Peak Hour) Figure 14 .2009 Phase 2 Build -out Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center P ][� September 10, 2003 HPage 19 I 2012 BACKGROUND CONDITIONS Existing traffic volumes were increased along study area roadways using an historic growth rate of 5% per year (compounded annually) through Year 2012. Figure 15 shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 16 shows the respective 2012 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. I PHASE 3 TRAFFIC ANALYSES The following describes the infrastructure improvements necessary to accommodate the proposed project: The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 southbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Route 11 interchange; • In order to facilitate u-turns, a southbound lane is to be constructed at the Route 37/Route 11 interchange between the northern and southern Route 11 ramps; • The intersection of Route 37/I-81 northbound ramps is to be realigned to the east at the i approximate location of the existing Tasker Road; • Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe Boulevard is to be constructed as a four -lane facility between the I-81 northbound ramps and Warrior Drive; • Warrior Drive is to be constructed to provide site -access to/from the south. TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were established using the 6`h Edition of ITE's Trip Generation Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 3 summarizes the trip generation results, along with internal/pass-by trip reductions, for the proposed Crosspointe Center development. A detailed description of internal trip ' interaction is provided in the Appendix section of this report. R+A A Phased Traffic Impact Analysis of Csspointe Center HSeptember 10, e 03 20 Page 20 Figure 15 AM Peak Hour(PM Peak Hour) 2012 Background Traffic Conditions PHRt� A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 21 Rv Denotes Free -Flow Lane AM Peak Hour (PM Peak Hour) Figure 16 2012 Background Lane Geometry and Levels of Service A Phased Traffic Impact Analysis of Crosspointe Center PSeptember 10, 2003 HJL Page 22 Table 3 Phase 3: Crosspointe Center Development 'ode Land Use Amount 110 Single -Family Detached 1,110 units 230 Townhouse/Condo 280 units 253 Elderly Housing - Attach 200 units 710 Office 190,000 SF 820 Retail 750,000 SF In Out Total In Out Total ADT of Total 197 590 786 601 338 939 11,100 20 96 116 96 47 144 2,436 9 5 14 12 8 20 696 274 37 311 50 243 292 2,173 324 207 531 1,139 1,234 2,374 24,902 1,758 1,898 1,871 3,769 41,307 Total Internal 114 Total Pass -by 40 Total "New Trios" 669 782 1,450 1,238 1,211 2,449 27,502 TRIP DISTRIBUTION AND TRIP ASSIGNIVIENT (PHASE 3) The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 17 to assign the Phase 3 Crosspointe Center trips (Table 3) throughout the study area roadway network. Figure 18 shows the development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. 2012 BUILD -OUT CONDITIONS (PHASE 3) The 2012 background conditions shown in Figure 15 were modified to reflect the removal of the westbound left -turn lane at the intersection of Route 37/I-81 southbound ramps and the completion of Warrior Drive to the south. It was assumed that the completion of Warrior Drive will result in a diversion of 20% of the background traffic from Tasker Road (south of Crosspointe Boulevard) as well as attract an additional 1000 daily trips from Route 277. The 2012 Phase 3 build -out conditions were obtained by adding the Phase 3 Crosspointe Center assigned trips (Figure 18) to the revised 2012 background traffic volumes. Figure 19 shows 2012 Phase 3 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 20 shows the respective 2012 Phase 3 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION (PHASE 3) The traffic impacts associated with the Phase 3 Crosspointe Center development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2012 Phase 3 build -out conditions. A Phased Traffic Impact Analysis of Crosspointe Center PH September 10, 2003 Page 23 I I I 1 -4- IFigure 17 Phase 3 Trip Distribution Percentages A Phased Traffic Impact Analysis of Crosspointe Center Pl� September 10, 2003 I-� Page 24 apl5pl91 (syo aa�e f��l 813 On'RamP 3, (lj3o,33�`�.► "Clio (�l)1S6` No Scale �S Tyk�RO,d ~qq)�I (42)16 (9�5g` I fOF� N ', A Bo P 37 4 N S°0 17, r3; .!f ' SITE i 91(6� r �e N �a Task�R S! Jj F o ��A i .�g$ketR�a CrOSSPo>nte 8/o j d 11 Cf SITE 37JIS6 q n f «ij C39 '00rpre t o �Ay N r6,9 )33q�`► L i18(9S 2:9)98 ` oe (,l9) 6 n �11 ro3jr, C Jj! �8008 91 �1"lJ ��`�"��yh rO�PointeB Idi 1^18(38)� (199)60 p (IOS) 66 `► �. b a AM Peak Hour(PM Peak Hour) Average Daily /� �T T]Q+/ \ Volume includespass-by trips Figure 18 Phase 3 Development -Generated Trip Assignments A Phased Traffic Impact Analysis of Crosspointe Center PHR+A September 10, 2003 Page 25 I I AM Peak Hour(PM Peak Hour) I I Figure 19 2012 Phase 3 Build -out Traffic Conditions 1 PHR+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 26 F R� Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement L,r T 1:T ? + / A \ AM Peak Hour (PM Peak Hour) Figure 20 2012 Phase 3 Build -out Lane Geometry and Levels of Service PT4R+A A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 27 1 I 1 APPENDIX 71 I 1 i 1 ITable A: Phase 1 Internal/Pass-by Trip Interaction 1 F1 AM Peak Hour PM Peak Hour Percentage Trips Going to/from Reduced Land Usi In Out Total In Out Total ADT Residential Retail 33 21 54 ill 120 231 2,451 15.5% Total Percentages 16% 16% 16% 16916 16% 16% 16% 15.5% Pass -by Retail 26 26 52 112 112 223 2,371 15.0% Total Percentages 12% 19% 15% 16% 14% 15% 15% 15.2% Office/Retail Residential 21 33 54 120 ill 231 2,451 Reciprocal Total Percentages 25% 12% 15% 42% 69% 51% 49% 37.7% Total Retail Internal Trips 33 21 54 ill 120 231 2,451 16% Total Retail Pass -by Trips 26 26 52 112 112 223 2,371 15% Total Retail "New" Trips 153 89 242 492 543 1,035 10,988 70% Total Office Internal Trips 0 0 0 0 0 0 0 0% Total Office "New" Trips 0 0 0 0 0 0 0 100% Total Residential Internal Trips 21 33 54 120 ill 231 2,451 38% Total Residential "New" Trips 67 237 304 175 53 228 2,917 62% Total Internal 54 54 108 231 231 462 4,901 Total Percentages 18% 13% 15% 23% 25% 24% 23% 20% Total Pass -by 26 26 52 112 112 223 2,371 Total Percentages 9% 6% 7% 11% 12% 11% 11% 10% Total "New Trips" 221 326 546 667 596 1,263 13,905 Total Percentages 73% 80% 77% 66% 63% 65% 66% 70% Total Trips 301 406 707 1,009 938 1,948 21,178 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% I u 1 Table B: Phase 2 Internal/Pass-by Trip Interaction AM Peak Hour PM Peak Hour Trips Going to/from Reduced Land Us( In Out Total In Out Total ADT Percentage Residential Retail 41 26 68 140 152 292 3,093 17.5% Office Retail 5 3 8 16 17 33 353 2.0% Total Percentages 20% 20% 20'16 20% 20% 20% 20% 19.5% Pass -by Retail 29 29 58 125 125 250 2,651 15.0% Total Percentages 12% 19•0 15% 16% 14% 15% 15% 15.2% Residential Office 4 1 4 1 4 5 31 2.5% Retail Office 3 5 8 17 16 33 353 Reciprocal Total Percentages 4% 25% 7% 59% 13% 21 % 31 % 23.1 % Office/Retail Residential 27 45 72 156 141 297 3,123 Reciprocal Total Percentages 18% 9% 11 % 31 % 50'0 38% 33% 27.1 % Total Retail Internal Trips 46 29 75 156 169 326 3,446 20% Total Retail Pass -by Trips 29 29 58 125 125 250 2,651 15% Total Retail "New" Trips 161 92 253 520 574 1,094 11,576 66% Total Office Internal Trips 7 5 12 18 20 38 384 23% Total Office "New" Trips 144 15 159 13 130 142 840 77% Total Residential Internal Trips 27 45 72 156 141 297 3,123 27% Total Residential "New" Trips 131 445 576 358 144 502 6,715 73% Total Internal 80 80 159 330 330 660 6,954 Total Percentages 15% 12% 13% 25% 25% 25% 24% 20% Total Pass -by 29 29 58 125 125 250 2,651 Total Percentages 5% 4% 5% 9% 10% 9% 9% 7% Total "New Trips" 435 553 988 890 847 1,737 19,130 Total Percentages 80% 84% 82% 66% 65% 66% 67% 73% Total Trips 544 661 1,205 1,346 1,302 27648 28,735 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% 11 1 1 1 1 11 [l 1 I u 1 1 Table C: Phase 3 Internal/Pass-bv Trip Interaction AM Peak Hour PM Peak Hour Trips Going to/from Reduced Land Ust In Out Total In Out Total ADT Percentage Residential Retail 58 37 96 205 222 427 4,482 18.0% Office Retail 6 4 11 23 25 47 498 2.0% Total Percentages 20% 20% 20% 20% 20% 20% 20% 20.0% Pass -by Retail 40 40 80 178 178 356 3,735 15.0% Total Percentages 12% 19% 15% 1601. 14% 15% 15% 15.2% Residential Office 7 1 8 1 6 7 54 2.5% Retail Office 4 6 11 25 23 47 498 Reciprocal Total Percentages 4% 20% 6% 52% 12% 19•0 25% 19.7% Office/Retail Residential 38 65 103 228 206 435 4,537 Reciprocal Total Percentages 18% 9% 11 % 33% 54% 40% 34% 28.4% Total Retail Internal Trips 65 41 106 228 247 475 4,980 20% Total Retail Pass -by Trips 40 40 80 178 178 356 3,735 15% Total Retail "New" Trips 219 126 345 734 809 1,543 16,186 65% Total Office Internal Trips 11 7 18 26 29 55 552 20% Total Office "New" Trips 263 30 293 24 214 238 1,620 80% Total Residential Internal Trips 38 65 103 228 206 435 4,537 28% Total Residential "New" Trips 187 626 813 481 187 668 9,695 72% Total Internal 114 114 228 482 482 964 10,069 Total Percentages 14% 12% 13% 25% 26% 26% 24% 20% Total Pass -by 40 40 80 178 178 356 3,735 Total Percentages 5% 4% 5% 9% 10% 9% 9% 7% Total "New Trips" 669 782 1,450 1,238 1,211 2,449 27,502 Total Percentages 81% 84% 83% 65% 65% 65% 67% 73% Total Trips 823 935 1,758 1,898 1,871 3,769 41,307 Total Percentages 100% 100% 100% 100% 100% 100% 100% 100% i r� Crosspointe Center Impact Analysis Statement turn movement at Point C, thereby improving free flow of traffic west -bound across the Route 37 bridge over I-81. D: The existing ramps at the intersection of Route 37 and 1-81 Northbound is scheduled for ultimate closure and relocation. The Applicant will prepare a design study for ramp improvements and assist VDOT in applying for design approvals from the Federal Highway Administration (FHWA). The Applicant will assist Frederick County and VDOT in an earnest search for highway financing for the approved improvements including any cost sharing r arrangements required to implement the work. The ramp improvements decided by the design approval including signalization are to be scheduled for implementation prior to the issuance of the first commercial or residential building permit on the Crosspointe project. An alternative to be studied include interim ramp improvements at the existing ramp intersection location ("D") which is possible once Tasker Road and Hilandale Lane are relocated from their present intersection with Route 37 as the result of Crosspointe Proffer. Any ultimate plan will include the relocation of the ramps to coincide with the existing Tasker Road intersection with Route 37 at point "E." E to G: Crosspointe Boulevard will be extended from the terminus of Route 37 at Tasker Road approximately 1,100 feet, to a new intersection location with relocated Tasker Road. This intersection will be signalized and will allow the future extension of Crosspointe Boulevard to the east of this intersection. Crosspointe Boulevard will be constructed as a four -lane divided roadway with right and left turn lanes at Point "G". F to G: Tasker Road will be relocated at point "F" to point "G" in the location shown. This roadway location was planned years ago, and existing right-of-way reserved at point "F" to allows the horizontal curve enabling construction to this relocation. The existing Tasker Road I I Crosspointe Center Impact Analysis Statement right-of-way and improvements will be taken out of use during this phase, but will be used in the future to provide ramp improvements at "E" to occur. Tasker Road will transition at "F" into a p p four -lane undivided section between point "F" and "G" and with turn lanes as required added at planned intersections. G to H to J: Tasker Road from "G" to "J" will transition into a four -lane divided urban roadway with raised median. Turn lanes will be provided at intersections and planned commercial entrances. "H" will be an unsignalized intersection subject to final site planning traffic analysis. I to H: Hilandale Lane will be upgraded and relocated in order to eliminate its intersection with Route 37 and Tasker. The roadway will be two-lane from "I" to the curve, then transition into a three -lane urban section from the curve to "H". Right turn lanes shall be provided at commercial entrances. Phase One improvements will be scheduled in order to prevent inconvenience to the traveling public and to provide orderly traffic conditions. "F" to "G" to "H" to "I", and "E" to "G" will be designed and constructed off existing rights -of -way and completed prior to relocation of traffic. The roadway items required for the stoplight at "E" will be installed in order to facilitate finished installation when ramp relocation occurs. A complete stoplight facility will be installed at "G". Upon completion of these improvements traffic is to be relocated, and existing Tasker/Hilandale barricaded. When the new road system described above is in place and operational, approved ramp improvements will be implemented. IImprovements from "A" to `B" and closing the left turn movement at "C" will occur in 1 accord with VDOT directions during phase one. 1 Crosspointe Center Impact Analysis Statement The developer has agreed by proffer to wait until construction is complete from "F" to "G" to "H" to "I" and from "E" to "G" to apply for the first building permit at Crosspointe. A schedule for improvement of the I-81 ramp systems will be determined by design study and approved by the FHWA. The possible phased improvements recommended will allow a LOS "C" to occur prior to the first building permit at Crosspointe being issued. Phase Two Improvements Phase Two road improvements are shown on Figure 8 and described below: "J" to "K": This segment of road construction shall be identical to the "G-H-J" geometrics described in Phase One with turn lanes provided in accordance with Master Plan approval. "L" to "K" to "M": Warrior Drive will be constructed as a six -lane divided urban section with turn lanes at road and commercial entrance locations. "K" and "M" will be signalized intersections. "G" to "M": Crosspointe Boulevard will be extended from "G" to "M". It is anticipated that this roadway will be a two-lane road section during Phase Two with transitions at intersections "G" and "M". However, right-of-way dedication is to be provided for an ultimate four -lane divided urban section roadway. Phase Three Improvements Phase Three road improvements are shown on Figure 9 and described below: u I � I I I 1 F i� 1 Crosspointe Center Impact Analysis Statement "G" to "M": Two additional lanes on Crosspointe Blvd, including turn lanes at intersections, are to be constructed during Phase Three. Subject to VDOT approval an urban thoroughfare design section will be installed. "M' to "O": A complete four -lane divided urban thoroughfare sectional design roadway is to be installed to the Crosspointe property line (east). "M" to " Y': Warrior Drive is to be extended as shown as an urban four -lane design. Collector road section with raised median, turn lanes right and left, will be constructed at all road and major commercial entrances. Additionally, a bridge structure shall be provided to cross Opequon Creek. Transportation Summary The previous road phasing and design narrative adequately described the major transportation improvements planned and proffered for Crosspointe. Design decisions will be in accord with VDOT requirements and regulations on a phase -by -phase basis. In addition, the Applicant proposes the following additional considerations: A. Because Crosspointe Boulevard may be extended to US Route 522, the function of this roadway may change from an urban thoroughfare to a major arterial road classification. It is believed that this classification can be supported by the alignment and structure of the roadway proposed in Phases One through Three of Crosspointe. Changes in function that are possible with this change of use include the following: 1. The signalized intersections at "G" and "M" may not be functionally adequate. In this event, pursuant to available funding, intersections F] I I 1 t 1 Crosspointe Center Impact Analysis Statement "G" and "Nf' are to be designed by Crosspointe now to allow for the efficient and traffic -friendly implementation of grade separation. 2. Intersection "Nf' may become a limited access interchange in the event of grade separation of this intersection. 3. Tasker Road may pass under Crosspointe Boulevard and the intersection "G" will be eliminated. 4. In the event that grade separation of both Warrior Drive and Tasker Road at Crosspointe Boulevard are required, additional rights -of - way for Crosspointe Boulevard will be necessary, including for the interchange at " Nf'. The developer will set aside open space for possible dedication of rights -of -way if required for implementation of the classification change. This right of way is anticipated to be 220' wide, with additional width at interchanges. 5. Right of way dedication without cost to VDOT will be made for the full 220' of right-of-way in the event State and Federal funding is made available for this upgraded classification. The developer will provide this right of way only in the event that the Warrior Drive intersection becomes a full service interchange, if the upgrade is a limited access type design. B. The Applicant believes that the ultimate design of the Route 37 and I-81 interchange cannot be adequately predicted at this time. Likewise, it is the developers strong position that this project is needed by Frederick County to proceed in an orderly way at this time. Good planning for Crosspointe has been prepared with this directive. Crosspointe Center Impact Analysis Statement The consumer needs for commercial services is vital to the urban development area concept. To that end, the proffers and impact analysis plan have been prepared to benefit Frederick County and implement VDOT's long-range plan for moving traffic through the Crosspointe project. The project transportation system implements the County Comprehensive Policy Plan. TO PAPER MILL ROAD / (FUTURE) i a a �HA�F E RFSIDFNTiAI - RP 1.>,. ' 12 07 ACHES PHASE iI \ i 0+ RESIDENTIAL -RP /l V I D E ftftft 4682 ACRES PHASE I RESJDENT1 h1 '0 O R A I N A O ` _ 950 ors PHASEi RESIDENTIAL -RP ' 7000 A AC RF.S MMERCIAL B \ ` tc 62 nCHES t-COMMERCIALB-2' VVV PHASE ! COMMERCIAL�"NSV0�® 3011ACRES p co 2 �PNO J ul 4 LANE EXTENSION ~ — V RTE �--�� —``�"I l �' cn Uj I \ a PHASE - EXISTING B-Z ZONE PHASE II \ - `COMMERCIAL - RESIDENTIAL — 11 16 95 ACRES 50 41 ACRES PHASE 2 -' ■CR0SSPOINTE■ FR F.DF.RICK COUNTY. \'IRGINI=\dWd 7� GENERALIZED DEVELOPMENT PLAN � ••�••.1.A r..• PHASE TWO ', FIGURE 8 1 1 PHASE 1 ■CR0SSPOINTE■ FREDERICK COUNTY, VIRGINIA GENERALIZED DEVELOPMENT PLAN � PHASE ONE t { R\ \ 11j[l`��DENTIALRESI- RP -_ i m ACRF5 3 , 77 \ r RHAwm' I N A C ` .. 104 RESIDENTIAL -RP ; n•'Rt5 oft COMMERCIAL 13:2. COMMERCIAL 4 LA NE,EXTENSiONPH RA �+ I'IGURE 7=�+s'� El 7 LOD L H V RTE 7� f— U.I In rz PHASE 1 ■CR0SSPOINTE■ FREDERICK COUNTY, VIRGINIA van E' ��RESIDENTIAL - RP / 12 01 A -RE s / .. was= RES.DE,NTIAL-RP ova ' , T 1A PHA�E COMMERCIAL . I, _ r p� i I CRANAG j�00 i J i COMM( RGIAL B:2' / A I . — ti' � �,---�`• fir_•, - �k �7 I GENERALIZED DEVELOPMENT PLAN w— PHASE ONE v '" �.r.,. , ........ PH FIGURE 7 ■ TO PAPER MILL ROAD (FUTURE) �J`J► � 11 i PHASEI RESIDENTIAL - RP 11203 ACRES I rl^ ! PHASE II %1 U _` RESIDENTIAL -RP E `4882 ACRES 17 PHASE 1I on me RLSIDENTIAlrORP �r r� Q R A I N A G PHA EI 1 19 w�'e�REs RESIDENTIAL -RP =••.cE V N DOA RCS COMMERCIAL B-2 V '1 PHASE 11 C MMERCIALACRES B- �ta.63 \ L PHASEI `1\I 1 COMMERCIAL B-2 46 00 ACRES PHASE I ! r _ COMMERCIAL 33 14 ACRES N �p - N E COA114ERCIAL B-2 4 LANE EXTENSION -PhASE® Q I m RESIDENTIAL - RP VA TEQ�1ss•e1ACRES I\ U) c COMMERCIAL B-2 w � rr i r TO WARRIOR ROAD ' r RESIDENTIAL PHA SEI _ ?1. 16 ACRES EXISTING 8 2 ZONE PHASE �� COMMERCIAL RESIDENTIAL 16.95 ACRESS50"1 ACRES V c� 1 PHASE 3 ■CR0SSPOINTE■ T-" FREDERICK COUNTY, VIRGINIA GGNL•RAL1LLD DL'•VELPHASL THRIIE FIGURE "Z PHASE 1 ■CR0SSPOINTE■ PREDFRICK COUNTY, VIRGINIA GF\BR:\LILFD DEVELOPMENT PLAN � PHASE ONE ow 77op am no 00 PwuE�� r� O R A I NAG RESIDENTIAL -RP �i Ash COMM � —�� MME,F 6AL �J o;<ACRES NE EX?ENSION 01 I I �,...lg.. PURA FIGURE 7 s / TO PAPER MILL ROAD / (FUTURE) i A,E RFSIDFNT;AI - RP 2 r,] PHASF ',I _ " 71A RESIDENTIAL -RP �W r 'r I DD E `, 46.82AGRES PHASE ll on — oo �O RESIDENTIA6OrP PHnsE-� A I NA O +aw,�Es RESIDENTIAL -RP 1 `' 20IXI ACHES MMERCIAL B-2 r� 'PHASEI COMMERCIAL 8.2 46MACC6 ' ! PHASE COMMERCIAL . 7a 14 ACRES ) co 2 LPN 4 LANE EXTENSION �7 VARTE'7 cn cr U-1 \ 1" PHPSEI .'PHASE II \ E.IsTING 6 2 ZONE RESIDENTIAL \ `COMMERCIAL 4� l5 q5 ACRES 50AGHEs \ — I PHASE 2 "'- . ■CROSSPOINTE■ PRFDF.RICK COUNTY, VIRGINIA GENERALIZED DEVELOPMENT PLAN 77— Ft :� <<•-• ••• PHASE TWO I'IGURE 8 i - r TO PAPER MILL ROAD (FUTURE) .f I RESIDENTIAL - RP LIS-- r RESIDENTIAL -RP JV+J � I V. I C E.. •�• �• .easAcaes PHASE II am E � /O ` RESIDE �r �R p, I NAGS P ASEI j� 1 ,9es- RESIaEcNTIAL-RP ` n DOA RES COMMERCIAL B-2 v .2 .- __ -ASE 11 CQMMERCIAL B- �1462 ACRES ` PHASE COMMERCIALB.-2} 16 W ACHES 11r PHASEI- ��� COMMERCIAL NS Phnsg ul 30 aAcaEs \AN�� �Er COMMEoo RCIAL62 S_ ACRES 4 LANE EXTENSION ® ¢ 1 .!�.. •�� PRASE III A ` 1 + RESIDENTIAL - RP VARTE 7Q H n 1 _�yfiseaACREs I A7, �� y COMMERCIAL B 2 - - Z TO WARRIOR ROAD J J PHASE III RESIDENTIAL PHASE 1 {rHASE II 72.16 ACRES E MST ING 8 2 ZONC COMMERCIAL RESIDENTIAL <- I , 18 95 ACRES 'C 91 ACRES I PHASE 3 ■CR0SSPOINTE■ _ FREDERICK COUNTY, VIRGINIAC t GENERALIZED DEVELOP1tENT PLAN — �� + ��- �..r�•r., +.•r PHASE THREE I'lCi[`RT� _ I I 1 1 I 1 1 1 1 Crosspointe Center E. Water Supply and Sewage Conveyance Impact Analysis Statement The existing water distribution, storage, and supply is adequate for service to this project. The 20" primary water distribution main from the Diehl Water Plant passes through this site en route to distribution service in both the Abrams Creek and Fort Collier/Stonewall Industrial Park areas of Frederick County. Additionally, a one-half million gallon elevated water storage tank is located immediately adjacent to the site on the south. Water mains within the development will be looped and extended by phase to meet Frederick County Sanitation Authority ("FCSA") design requirements. This combination of water supply service will provide adequate fire protection and domestic service for all phases of the proposed commercial and residential uses. Gravity sewer service for Phases 1 and 2 will be provided via an 18" gravity interceptor line in the Hoge Run watershed. This sewer line follows Hoge Run, continues to the Opequon Creek, and then onto the Parkins Mill Wastewater Treatment Facility located at the corner of Route 522 and Parkins Mill Road. Design criteria for the facilities will be based on the flow generation provided in Table 3. The Opequon trunk main installed during Phase 2 would be sized to handle future upstream uses in accordance with directions of the FCSA. Should other uses develop further east prior to phase 2, and if desired by the FCSA, the cost of the Phase 2 pump station could be applied to allow for gravity extension to the Parkins Mill interceptor. Figure 10 provides a schematic plan and improvements. Sewer generation from this site will be treated at the Parkins Mill Wastewater Treatment Plant (the "Parkins Mill plant"). Attached Tables 3.1 and 3.2 demonstrate that over the past year the Parkins Mill plant adequately met its discharge permit requirements despite historic rainfall levels that resulted in high flows at the plant. The FCSA, through reserve funding of the Table 3 CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Water Demand&Sewer Generation 8/12/2003 Proposed PHASE 1 PHASE 2 PHASE 3 TOTALS Zone Quantity GPD Quantity GPD Quantity GPD Quantity GPD Retail Commercial -SF B-2 370000 74000 440000 88000 310000 62000 1120000 224000 Office Commercial -SF B-2 0 0 0 0 100000 20000 100000 20000 Ex. Commercial Zone(retail)-SF B-2 110000 22000 110000 22000 0 0 220000 44000 Mixed Single Family Res.lots-Ac RP 384 76800 707 141400 0 0 1091 218200 Townhouse Residential-Ac RP 132 19800 222 33300 235 35250 589.00 88350 SF Small Lot -age restricted-Ac RP 100 10000 200 20000 100 10000 400.00 40000 Total Demand per Phase 202,600 304,700 127,250 634,550 Accumuinted Demand 202,600 507,300 634,550 LEGEND Commercial Demand/Flow 200 gal/1000sf Single Family Demand/Flow 200 g/d/du Townhouse Demand/Flow 150 g/d/du Age Restricted Demand/Flow 100 g/d/du v.5.0 i 103*040 10 PARKINS MILLS WASTEWATER PLANT OPERATIONAL DATA FY-03 Permit Limit Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Average Flow (MGD) 2.000 1.3 1.3 1.4 1.7 2 2 1.7 1.9 . 2.5 2.1 2.1 2.2 1.850 Concentration (MG/L) CBOD Summer 7.50 4.3 4.3 4.4 4.3 4.3 5.3 4.4 4.471 Winter 23.00 7.2 5 5 10 4.1 6.260 Suspended 30.00 3 2 14 3 2 2 3 3 6 3 5 6 3.500 Ammonia Summer 1.60 0.9 0.3 0.4 0.3 1.1 0.23 0.5 0.533 Winter 2.40 1.4 0.2 1.8 1.8 0.6 1.160 002 PH 6.50 7.3 7.5 N/A 4.933 007 DO 7.10 8.3 7.5 N/A 5.267 )12 Phosph NIL 5.2 N/A N/A 1.733 Nitrogen NIL 8.8 N//A N/A 2.933 Quantity (KG/D) CBOD Summer 57.00 21 21 22 29 36 41 33 29.000 Winter 174.00 55 32 36 89 33 49.000 Suspended 227.00 15 11 22 18 12 19 17 20 54 25 41 53 25.583 Ammonia Summer 12.10 4 1.3 1.8 1.4 7.9 N/A N/A 2.343 Winter 18.20 7 1.2 18.2 17.9 11.075 Coliform 200.00 114.00 31.00 32.00 89.00 137.00 76.00 125.00 62.00 148.00 50.00 63.00 126.00 87.750 Rainfall (Inches -PM) 4.24 3.25 4.64 4.9 3.641 3.961 1.96 6.22 3.3 3.73 5.79 6.89 4.377 Rainfall (Inches- JHD) 4.68 3 4.2 4.42 3.32 3.39 2 DOWN DOWN DOWN DOWN 7.14 2.679 )7/08 ` ', ,1 Part Page 1 of 9 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. During the period beginning with the permit's effective date and lasting until the permit's expiration date, the permittee is authorized to discharge from outfall number 001. This discharge shall be limited and monitored as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Flow (MGD) a pH (standard units) CBOD5 ` (May —November) CBOD5 ` (December —April) Suspended Solids Monthly Average NL NA 7.5 mg/L 57 kg/d 23 mg/L 174 kg/d 30 mg/L 227 kg/d Weekly Average Minimum NA NA NA 6.5 11.3 mg/L 86 kg/d NA 34.5 mg/L 261 kg/d NA 45 mg/L 341 kg/d NA 200 NA Fecal Coliform (N/100 mL) b Geometric Mean Dissolved Oxygen (mg/L) NA NA Ammonia-N (mg/L) ` (May — November) 1.6 1.8 Ammonia-N (mg/L) ` (December — April) 2.4 2.9 Total Residual Chlorine (TRC)(mg/L) b.` 0.010 0.012 Total Nitrogen (mg/L) NL NA Total Phosphorus (mg/L) NL NA NL = No Limitation, monitoring required NA = Not Applicable T/I/R = Totalizing, Indicating, and Recording equipment 24HC = 24 Hour composite sample a. The design flow of this treatment facility is 2.0 MGD. b. See Part I.B. for alternative disinfection requirements. C. See Part I.C. for additional monitoring instructions. d. At least 85% removal for TSS must be attained for this discharge. e. There shall be no discharge of floating solids or visible foam in other than trace amounts. NA 7.1 NA NA NA NA NA Maximum Frequency Sample Type NL Continuous T/I/R 9.5 1/Day Grab NA 5 Days/Week 24HC NA 5 Days/Week 24HC NA 5 Days/Week 24HC 3 Days/Week @ NA 48 hour intervals Grab from 10 a.m. to 4 p.m. NA 1/Day Grab NA 1/Month 24HC NA 1/Month 24HC NA 1/Day Grab NA 1/Qu2rter Grab NA 1/Quarter Grab Crosspointe Center Impact Analysis Statement Frederick -Winchester Service Authority ("FWSA"), has begun to study future expansion of hydraulic capacity at Parkins Mill, which will require expansion to meet the increasing flow Irequirements within the Opequon/Wrights Run Watersheds. Crosspointe Center Impact Analysis Statement F. Site Drainage Site drainage is provided by the Hoge Run and Opequon Creek stream channels and their tributaries. A conceptual plan for site drainage is shown on Figure 11. There are no built-up residential or commercial areas downstream of this project that will be affected by the direct runoff from the site. Storm water will be conveyed by way of surface drainage and underground storm sewers, as shown in Figure 11, which also shows preliminary locations for storm water management facilities, subject to engineering adjustments at the time of the project design and master plan. Low Intensity Development CUD") concepts are to be utilized in the site design wherever practical in order to protect water quality in the receiving streams of Hoge Run and Opequon Creek. Appropriate use of streamside buffers, grass channels, rain gardens, water quality swales and good erosion and sediment controls during construction are proposed. In summary, selective use of conventional and alternative stormwater management controls, both during and after construction will provide acceptable and manageable impacts on streams, and no identifiable impacts on existing community facilities 1 L�I 11 0 FW Crosspointe Center G. Solid Waste Disposal Facilities Impact Analysis Statement There are ample private waste disposal companies available to assure safe and timely disposal of solid waste that will be produced over time. This project will have a measurable effect on County solid waste management resources, but will focus and direct normal and expected waste generation to the UDA in accordance with the Comprehensive Plan. As such, the solid waste generation would align with that projected year to year increase at the landfill facility. Pursuant to the excellent Enterprise Plan set forth by landfill management, payment of tipping fees is expected to fund landfill improvements. The sheer size of Crosspointe would prohibit waste collection at a central disposal site, therefore, the Applicant has proffered to utilize curbside pick-up from a private refuse contract carrier. Funding for refuse collection will be provided through the homeowners' and property owners' associations. (See Table 4 for estimated solid waste generation.) iJ 1 ILI Table 4 CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Solid Waste Generation 8/12/2003 rev10-22 Proposed PHASE 1 PHASE 2 PHASE 3 TOTALS Zone Quantity Ibs/tlay Quantity Ibs/day Quantity /bs/day Quantity lbs/day Retail Commercial -SF B-2 370000 37000 70000 7000 310000 31000 750000 75000 Office Commercial -SF B-2 0 0 0 0 100000 10000 100000 10000 Ex. Commercial Zone(retail)-SF B-2 110000 11000 0 0 0 0 110000 11000 Mixed Single Family Res.lots-Ac RP 384 4608 323 3876 335 4020 1042 12504 Townhouse Residential-Ac RP 132 1188 90 810 114 1026 336.00 3024 SF Small Lot -age restricted-Ac RP 100 600 100 600 0 0 200.00 1200 Total Waste per Phase-Ibs/day 541396 12,286 46,046 112,728 Accumulated Waste-Ibs/day 54,396 66,682 112,728 Total Waste per Phase-Tons/day 27 6 23 56 Accumulated Waste-Tons/dav 27 33 56 LEGEND Commercial /Solid Waste 100 lbs/1000sf/day Single Family/Solid Waste 12 ibs/du/day Townhouse/Solid Waste 9 lbs/tlu/day Age Restricted/Solid Waste 6 lbs/du/day v.5.0 �i 1 11 I 11 Crosspointe Center H. Historic Sites and Structures Impact Analysis Statement As previously mentioned, the County's Eastern Transportation Plan features an extension of the proposed Crosspointe Boulevard through the proposed Crosspointe development. Because of that nomination, the County engaged Michael Baker, Jr. to prepare a Final Environmental Impact Statement and Section 4(f) Evaluation for Route 37 ("FEIS"). By necessity, it included a large portion of the property within the proposed Crosspointe development. However, prior to the Baker study, in 1993, Gray & Pape, Inc. identified several archaeological resources based on work done earlier by James Madison University, which Baker incorporated into the FEIS. Accordingly, the area has already benefited from an extensive study to determine the extent of historic resources. Baker's study, completed in April of 2001, initially identified several features of note that were, with one exception even at that stage, deemed worthy of Phase II investigation.' The first of these features was an architectural resource identified by Maral Kalbian and known as Hilandale House, a stone farmhouse built in three stages beginning in the late 1700s. In 1864, this house and the surrounding property were occupied as part of Camp Russell. This feature of the Property has been given the standard identification number 34-126, and is depicted on the map of Route 37 Archaeological and Architectural Resources attached hereto for ease of reference. It has been deemed eligible for listing on the National Register of Historic Place ("NHRP"). As previously stated, the Applicant intends to proffer the retention and preservation ' A Phase II evaluation is essentially a determination of whether a feature preliminarily identified is eligible for listing on the National Register of Historic Places. If such a determination is in the affirmative, then a Phase III data collection and recovery process may be undertaken. This process is detailed in standards promulgated by the Department of the Interior. See Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, 48 Fed. Reg. 44716, et se . (1983). r Crosspointe Center Impact Analysis Statement r of the Hilandale House, as well as create a preservation park, consisting of five acres, surrounding the house. Several other features were identified in association with "Camp Russell," an encampment constructed in the winter of 1864 as a part of General Sheridan's Valley Campaign. r Among these is a large circular earthwork constructed during 1864 as part of the larger Union occupation of Frederick County, feature 34-321 (also identified as feature 44FK63), which is one of the few remaining Civil War fortifications associated with an area known as Camp Russell. That earthwork was determined eligible for listing on the NHRP as part of the Camp Russell Historic District. Following the previous studies detailed above, study determined the following results: 1. Initially Feature 44FK62 was identified as a site of possible rums of a late 181h or early 19th century "domestic occupation" (generally a house or a structure associated with a ' house). However, a Phase H investigation failed to locate any indication of the site and, therefore, it was not deemed eligible for the NHRP. r2. Similarly, Feature 44FK72 was a supposed fortified picket associated with Camp Russell, but detailed investigation demonstrated that it was not, and it too was not determined eligible for the NHRP. r3. Although Features 44FK81 and 44FK82 were identified as possible encampment areas, detailed investigation determined that neither was eligible for listing on the NIIRP. 4. Feature 44FK539 was also identified as an area in which there was an encampment associated with Camp Russell and in which there were found stone hearths and Itrenches, remnants of huts or tents typical of a military encampment. Crosspointe Center Impact Analysis Statement Although detailed investigation has concluded that only the Hilandale House and those features identified as numbers 34-321 and 44FK63 are eligible for listing on the National g g rRegister, Gray and Pape recommended creation of a "Camp Russell Historic District." Therefore, the Applicant has proffered the creation of two additional preservation parks, one 10- acre park at the Camp Russell encampment site, and a two -acre park at the Carysbrook Redoubt area. Each of the parks will be connected by an internal pedestrian/bike trail system throughout the development. In conducting its § 4(f) evaluation,' the Federal Highway Administration concluded that because Congress created the unique Shenandoah Valley Battlefields National Historic District encompassing eight Virginia counties (including Frederick and its three Battlefield sites crucial to the creation of the District: Second Kernstown, Second Winchester and Third Winchester)', it is impossible to avoid construction that traverses the District. Therefore, it pledged to work closely with the State Historic Preservation Officer (the "SHPO") to insure that planning for any road construction is done "to minimize any harm to the battlefields in the project area." Moreover, because of the extensive planning already undertaken by Frederick County, it was recognized that any other route for a proposed major roadway would more adversely impact valuable cultural resources. Significantly, the FEIS has already identified and evaluated "Avoidance Alternatives" to the use of land within the Camp Russell Historic District. Also, the Virginia Department of ' This is reference to § 4(f) of the National Historic Preservation Act, which requires that federal agencies "take into account" the impact of federal undertakings on cultural resources. 3 The District is subject to management by the Shenandoah Valley Battlefields Foundation. There are actually six battlefield sites in Winchester and Frederick County. Crosspointe Center Impact Analysis Statement Historic Resources and the Department of the Interior have independently concluded that there are no prudent and feasible alternatives to the construction of a roadway through the Camp Russell area. Based on these conclusions, the Federal Highway Administration and the SHPO entered into a Memorandum of Agreement in 1999 (required under the National Historic Preservation �' ( q Act), which was duly submitted to the Advisory Council on Historic Preservation (which coordinates federal review of projects that affect resources deemed eligible for listing on the National Register). That MOA recognizes that Hilandale House and the related Hilandale Earthworks, and feature 44FK539 where an encampment may have been located, are "contributing elements" to the Camp Russell Historic District. It is also recognized that the direct impact on the District will be occasioned by the development of the road that was the cause of the FEIS, and the FHWA agreed to develop landscaping plans, in consultation with VDOT, to reduce the visual impact of any construction on the Hilandale House, between the House and the roadway. The Virginia SHPO will be afforded an opportunity to comment on final landscaping plans. (See Appendix B, p. 2.) Moreover, with respect to the Hilandale Earthworks and the archaeological site of Camp Russell, the FHWA agreed to cooperate with VDOT in the development and implementation of a treatment plan to mitigate the effects of any road construction on those features, in consultation with the SHPO. Such a treatment plan will specify, among other things, the property or portions where data recovery is to be carried out, the research questions to be addressed, the methods to be used, the proposed disposition of recovered materials and records, methods by which the County and interested groups will be kept informed, and a proposed schedule for the submission of progress reports. 11 Crosspointe Center Impact Analysis Statement Each of the foregoing assumes, of course, that the impact on the Camp Russell Historic District and its contributing features will be caused by the construction of a roadway along the selected alternative. The study did not contemplate the potential disturbance of these resources by other land uses. In consequence, the Applicant would provide assurance of compliance with the requirements for mitigation of impact on those resources. q g P This rezoning application has been expressly structured to accommodate the considerations already identified. First, the Applicant will not disturb any portion of Hilandale House itself. Second the Applicant will create three reservation arks, one at Hilandale House, pp p P another at the Camp Russell encampment area, and a third at the Carysbrook Redoubt area. Third, to the extent that the Applicant will construct any roadway in the alignment contemplated by and studied in the FEIS, it has proffered that it will coordinate that construction with the Federal Highway Administration, the SHPO, VDOT, and officials of Frederick County. The Applicant will also assure implementation of the MOA to the extent that any disturbance of those identified resources is required during the course of development. A portion of the site was not evaluated during the course of preparation of the FEIS, and the Applicant would conduct a Phase I investigation of those areas prior to any development thereof, and would undertake such preservation activities as that study might demonstrate to be ' required. fl l 'a Crosspointe Center Impact on Community Facilities Impact Analysis Statement The Frederick County impact model was run by County staff to reflect individual and collective fiscal impacts on community facilities on a phase -by -phase basis. Proffers have been offered which will mitigate the effects of these impacts on the County. However, the substantial commercial components of Crosspointe derive a net positive income flow in excess of revenue requirements, consistent with those goals for planned communities within the Urban Development Area. Nonetheless, the impact analysis identified some special needs for government services, particularly for satellite offices for the Sheriff's department, Treasurer's office, and possibly other emergency services. In consideration of the desirable central location of the proposed development, the Applicant has proffered nine acres of land to be used for placement of such emergency services. Additionally, monetary contributions for the Sheriff's Office, an Administration Building, and fire and rescue services at both the County and Stephens City Volunteer Fire Department are included within the Proffer Statement. The County models are attached and are followed by the proffer statement, which provides for monetary contributions and values in the amount of $7,585,300.00 for County resources over and above the net positive value created by the proposed rezoning. Table 5 provides a summary of the proffer values, positive and negative, by phase accumulated. Without consideration of transportation improvements and infrastructure additions Crosspointe will produce a net positive value of $23,784,769.00 to Frederick County at build out of the project. Additionally, staff was requested to run a "break point" analysis using the Frederick County proffer model which sought to determine the Phase 1 and Phase 2 commercial floor area necessary to produce a zero impact against residential impacts. The value of cash proffers made I Crosspointe Center Impact Analysis Statement during this period were not considered in the analysis and can be considered to be additional to the case where the project income to Frederick County covers the net capital facilities impacts. The floor areas determined by this method have been used in the proffer statement as "phase triggers" indicating commitment by the Applicant to balanced approach to phased development, which is a goal of the Comprehensive Policy Plan. 7 I I 1 i i em CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Community Facilities- Fiscal Support 8/12/2003 rev 10-22 Proposed PHASE 1 Zone Qty Model Impact Credit Net Cap Fac Impact Land Value -Central County Fac. B-2 Fire & Rescue -St City Mixed Single Family Res.lots-Ac RP Townhouse Residential-Ac RP SF Small Lot -age restricted-Ac RP Sheriff & Admin PHASE TOTALS Accumulated Phase Totals LEGEND Notes Mixed Single Family Res. lots Townhouse Residential SF Small Lot -age restricted Central Facility -land value ($200,00/Ac) * Lump Sum PHASE 1&2 PHASE 1,2&3 Valua_.R ntv Value-S Otv Value-$ $17,256,736 $16,512, 577 $29,141,122 ($5,085,651) ($9,258,015) ($12,931,653) $1, 800, 000 $1, 800, 000 $1, 800, 000 $100,000 $200,000 $300,000 384 $1, 478, 400 707 $2, 721, 950 1042 $4, 011, 700 132 $508,200 222 $854,700 336 $1,293,600 100 $85,000 200 $170,000 200 $170,000 $10,000 $10,000 $10,000 $16,152,685 $13,011,212 $23,794,769 Fire Schools Parks Library 250 3000 500 100 250 3000 500 100 250 0 500 100 Sheriff 5000 5000 1,800,000 v.4.0 CROSSPOINTE CENTER Glaize 181-Tasker Rezoning Area and Development Summary 8/12/2003 rev 10-22-03 Proposed PHASE 1 Zone Acres Phase Area Total Retail Commercial -SF B-2 Office Commercial -SF B-2 Ex. Commercial Zone(retail)-SF B-2 Mixed Housing Dwelling Units-Ac RP Age restricted Dwelling Units-Ac RP FAR Commercial DPA Residential Overall Residential Density (Note:Density include Road Dedication) Commercial Floor S Table 1 PHASE 2 PHASE 3 TOTALS FARIDPA +;+„ A^Pno rLianfifv ArraG Oijantity Acres Quantitv 225.16 131.35 217.86 574.37 76.14 370000 14.62 70000 62.91 310000 153.67 750000 0.00 0 0.00 0 21.95 100000 21.95 100000 16.95 110000 0.00 0 0.00 0 16.95 110000 112.07 516 97.23 413 133.00 449 342.30 1378 20.00 100 19.50 100 0.00 0 39.50 200 225.16 131.35 217.86 574.37 0.11 0.11 0.11 0.11 4.66 4.39 3.38 4.13 2.74 616 480000 3.91 70000 2.06 2.75 449 1578 410000 960000 0.11 0.10 0.15 4.03 5.06 v.5.0 M= M = = = = M i M s M M M M= i= Crosspointe Center Accumulated Data by Phase 18-Aug rev 10-22-03 Phase Area Total Retail Commercial -SF B-2 Office Commercial -SF B-2 Ex. Commercial Zone(retail)-SF B-2 Mixed Single Family Res.lots-Ac RP SF Small Lot -age restricted-Ac RP FAR Commercial DPA Residential Overall Residential Density (Note:Density include Road Dedication) Percent Residential to Total Land Total Residential DU Total Commercial Floor Space PHASE 1 PHASES 1&2 PHASES 1,2&3 225.16 356.51 574.37 76.14 370000 90.76 440000 153.67 750000 0.00 0 0.00 0 21.95 100000 16.95 110000 16.95 110000 16.95 110000 112.07 516 209.30 929 342.30 1378 20.00 100 39.50 200 39.50 200 225.16 356.51 574.37 0.11 0.11 0.11 4.66 4.54 4.13 2.74 3.17 2.75 59% 70% 66% 616 1129 1578 480000 550000 960000 v.5.0 Table 2 I Crosspointe Center Impact Analysis Statement 11 1 11 I Section IV Frederick County Impact Model 1 11 I I an M MW M OUTPUT MODULE APPLICANT: Crosspointe Center Ph. 1 Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: REAL EST VAL $103,948,024 Required (entered in FIRE & RESCUE = 11 Capital Faciltes col sum only) Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT $711,803 $2,525,117 $1,506,117 $2,105,422 $904,057 $157,169 $93,019 $119,375 $152,296 $8,274,374 $17,256,736 INDEX: "1.0" If Cap. Equip Included _ ! I Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For I I Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit I $0 $0 $711,803 $1,156 I $410,991 $1,995,106 $2,406,097 - $2,406,097 - $3,730,559 - $6,056 I $203,744 $203,744 - $203,744 $700,313 $1,137 $43,956 $43,956 $43,956 $113,213 $184 $98,411 $0 $18,999 $117,409 $117,409 $0 $0 $0 $0 $0 $119,375 $194 I $198,434 $219,083 $417,517 $417,517 $0 $0 I I $707,835 $2,214,189 $266,699 $3,188,723 $3,188,723 $5,085,651 $8,256 $17,256,736 $17,256,736 (§17 256 736 28 014 _ 0 0 I 1.0 I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 1.342 I METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (zero if negative); included are the one-time taxes/fees for one year only at full value. I 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. I 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. I 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital I facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. I NOTES: Model Run Date 10/15/03 CMM - -I I I Project Description: Phase 1 of Crosspointe Center (first of three phases). Assumes 480,000 s.f. retail/general commercial, 484 single family dwelling units (includes 100 age -restricted units), and 132 townhou4e units on 225.16 acres zoned RP and B2 District (93.09 acres 62; 132.07 acres RP)NOTE: The fiscal impact model is intended to measure the cummulative impacts of a given project; the model run dated 10/15/Q3 using project build -out assumptionstherefore represents the official model output for this project. This phase specific projection should be used for informational purposes only. I I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I OUTPUT MODULE APPLICANT: Crosspointe Center Ph. 1 & 2 Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $170,268,511 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 11 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $1,123,982 $0 $0 $1,123,982 $996 Elementary Schools $4,645,543 Middle Schools $2,767,580 $756,457 $3,672,127 $4,428,594 --_ $4,428,584 - $6,869,346 $6,084 High Schools $3,884,808 Parks and Recreation $1,663,215 $374,833 $374,833 — $374,833 — $1,288,381 $1,141 Public Library $289,148 $80,867 $80,867 $80,867 $208,280 $184 Sheriff's Offices $171,130 $167,523 $0 $34,952 $202,475 $202,475 $0 $0 I Administration Building $219,617 $0 $0 $0 $219,617 $195 Other Miscellaneous Facilities $280,182 $332,893 $367,535 $700,428 $700,428 $0 $0 I SUBTOTAL $15,045,203 $1,256,873 $4,039,662 $490,653 $5,787,188 $5,787,188 $9,258,015 $8,200 LESS: NET FISCAL IMPACT $16,512,577 $16,512,577 $16,512,577 16 512 577 14 626 NET CAP. FACILITIES IMPACT 0 0 I INDEX: "1.0" If Cap. Equip Included 1.0 I I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg — — -- - — — 1.342 -------- — I ---------- —---------- ---- -------------------------------------------------- ---------- -- - -- — -- - - - — ---- ----- - - - METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (zero if negative); included are the one-time taxes/fees for one year only at full value. I 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. I 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. I 5. NPV of future taxes paid to bring current county up to standard for new facilities, as I calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital I facilities requirements. These are adjusted for percent of costs covered by the revenues I from the project (actual, or as ratio to avg. for all residential development). I I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. — I NOTES:-Y Model Run Date 10/15/03 CMM I I Project Description: Phases 1 & 2 of Crosspointe Center (two of three phases). Assumes 550,000 s.f. retail/general commercial, 907 single family dwelling units (includes I 200 age -restricted units), and 222 townhouse units on 356.51 acres zoned RP and B2 District (107.71 acres 62; 248.8 acres RP)NOTE: The fiscal impact model is intended to measure the cummulative impacts of a given project; the model run dated 10/15/03 usingproiect build -out assumpt gg%herefore represents the official model output for this project. This phase specific projection should be used I for informational purposes only. I I Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. I I I I I I I I r Im U --am W M M OUTPUT MODULE APPLICANT: Crosspointe Center - Build Out Net Fiscal Impact LAND USE TYPE RP/B2 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $252,355,810 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per I FIRE & RESCUE = 11 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes. Other (Unadiusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $1,673,559 $0 $0 $1,673,559 $1,061 Elementary Schools $6,470,448 Middle Schools $3,858,974 $1,053,174 $5,112,507 $6,165,681 — -- $6,165,681 $9,559,971 $6,058 I High Schools $5,396,231 Parks and Recreation $2,316,586 $522,082 $522,082 — — $522,082 $1,794,505 $1,137 i Public Library $402,735 $112,635 $112,635 $112,635 $290,101 $184 Sheriff's Offices $238,356 $243,933 $0 $48,682 $292,616 $292,616 $0 $0 I Administration Building $305,890 $0 $0 $0 $305,890 $194 $0 Other Miscellaneous Facilities $390,248 $488,750 $539,610 $1,028,360 $1,028,360 $0 I I I SUBTOTAL $21,053,027 $1,785,858 $5,652,117 $683,399 $8,121,374 $8,121,374 $12,931,653 $8,195 LESS: NET FISCAL IMPACT $29,141,122 $29,141,122 $29,141,122 29 141 122 18 467 NET CAP. FACILITIES IMPACT I 0 0 I I INDEX: "1.0" If Cap. Equip Included 1.0 I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 ------- ---------------------- Ratio to Co Avg = — — - 1.342 ----� I - - -- --- -- — — I I--- ------------------------ ------------------------------------------ ----- -------------------- ------- —--------- ----------- ----- —---- METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. I 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. I -I NOTES: Model Run Date 10/15/03 CMM I Project Description: Crosspointe Center Build -Out (completion of three phases�ssumes 860,000 s.f. retail/general commercial, 100,000 s.f. office, 1,242 single family dwellings (mixed lot types; includes 200 SF lot/age-restricted), and 336 townhouse units on 574.37 acres zoned RP (381.8 acres/66% project total; RP density: 4.13 du/acre; Overall project density: 2.75 du/acre) and B2 (192.57 acres; B2 FAR: 0.11)j small I I I I I Due to changing conditions associated with development in the County, the results of this I I Output Module may not be valid beyond a period of 90 days from the model run date. I I - I -I I I I I I I I I M M � &a � no 1W No 9" M � *M� no M M A = = = 4W OUTPUT MODULE APPLICANT: Crosspointe Center Ph. 1 Net Fiscal impact LAND USE TYPE RPJ52 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid tNf'V) Total Potential Adjustment For REAL EST VAL $86.510.326 Required {entered in Cur, Budget Cur_ Budget Cap. Future CIP! Tax Credit; Revenue- Net Capital Net Cost Per FIRE 3 RESCUE = 11 Capital Faciftiies col sum only) Oper Cao EouiD ExpandiDebt S. Taxes, Other tUnadfustedt Cost Balance Facilllies Impact Dwelling Urlit Fire and Rescue Department 3562,562 s0 $0 s562,562 $913 Elementary Schools $2.525.117 Middle Schools $1,506,117 3410,991 $1,995.106 $2.406,097 $2,406.097 $3.730.559 $6,056 High Schools $2.105,422 Parks and Recreation $904,057 $203,744 $203,744 $203,744 $700,313 $1.137 Public Library SheritPs Offices $157,169 $93.019 $87,976 $0 $43,956 $43.956 S43,955 $113,213 $184 Administration Building $119.375 $18,999 $0 $106,974 $106,974 $0 $0 Other Miscellaneous Facilities $152,296 $173,414 $191.460 $0 $364,873 $0 $354,873 $119.375 $0 $194 $0 SUBTOTAL $8,125,134 $672.391 $2,185.565 $266,699 $3,125,645 $3,125,645 $4,999,489 58.116 LESS: W-7 FISCAL IMPACT $4,999,498 34,999,498 $4,99%498 99 .4 116 NET CAP. FACILITIES IMPACT $0 JNDEX: "1 A" if Cap. Equip Intruded 1.0 INDEX: '1.0" if Rev -Cost Hal, '0.0" if Ratio to, Co Avg: 0.0 Rev -Cost Bel = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 1.342 j METHODOLOGY: 1_ Capital Facilities requirements are Input to the first column as calculated in the model. 2_ Net Fiscal Impact NPV from operations calculations is input in row total of second column j (zero if negative); included are the one-time taxewYees forone year only at cull value. I 3. NPV of future open Cap equip taxes paid in third column as calculated fn fiscal impacts. I 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for newfacJlflks, as caleurated for each new facgity. 6. Columns three through five are added as potential credits against the cakulated capital facilities requirements. These are adjusted for percent of costs covered by the revenues I from the project (actmi, or as ratio to avg. for air residential development). i i NOTE: Proffer carwlations do not include include interest because they are cash payments up (rant. Credits do include Interest if the projects are debt financed. I — I NOTES: Model Run Date 10117103 CMM j I 1 Project Description: 'Break Even" Analysis - Phase 1 of Cross I J P Y pdnh Center (first of three phases}. Assumes 212,03Z e.f. retallfgeneral commercial ; 484 single family dwelling units (fncNdes 100 nge- I restricted units); and 132 townhouse units on 225.16 acres zoned RP and B2 District (93.09 acres 82; 132.07 aces RP). NODE: This output report Is not the oft6clal fiscal Impactanalyllk far Crosspefnle Center.l I Due to changing condl6ons asspciated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. J I — I PostAir Fax Note 7671 Date paw► Z Ta Fro Mow Co.+Dept C Vaee Phone d PhgqC) U�DS_ 1 Fax e O — D iq G F 'it) — m N m m w A Ln N Ln a m m m Ln m w Lo Ln M rri 0 n 0 r D Z Z Z 0 m 0 m r m N MN M `WA L ! OUTPUT MODULE ! APPLICANT: Crosspointe Center Ph. 1 & 2 Net Fiscal Impact ! LAND USE TYPE RP182 Casts of Impact Credit REAL EST VAL $159.875,523 Required {entered in FIRE &RESCUE = 11 Capital Faciltiies col sum only) m i� M -MW N ( I Credits to be Taken for Future Taxes Paid tNP/) Total Potential Adjustment For Cur_ Budget Cur. Budget Cap. Future C1P1 Tax Credits Revenue. 14al Capital Net Cost Per ! Over Cap Equip Exoend/Cebt S. Taxes, Other tUnadiusted) Cost Balance Facilities Impact owellina Unit J Fire and Rescue Department $1.035.D34 Elementary Schools $4.645,543 Muddle Schools S2,767,580 $756,457 High Schools $3.884,808 Parks and Recreation $1.663,215 Public Ubrary $289,143 Sherilrs Offices $172,130 $161.304 Administration Building $219,617 Other Miscellaneous Facilities 4280,182 5317.981 SUBTOTAL $14,956.255 $1,235 742 LESS: NET FISCAL IMPACT U.207.179 NET CAP. FACILITIES IMPACT INDEX: 1A" If Cap. Equip Induded 1.0 INDEX: '1.0- ff Rev -Cost B21. "0.0' 1 Ratio to Co Avg: PLANNING DEPT PREFERENCES 1.0 $0 $0 $1.035,034 I 5917 ! $3.672,127 $4.428,584 $4.428.584 $6,869,346 I $6,084 J $374,833 $374,833 $374,833 $1,288.381 I $1,141 ! 480,867 $80,857 $80,867 $208,280 $184 ! so $34,952 $196,256 $196,256 $0 $0 J $351.071 so $0 $669,052 $0 $569.052 $219,817 So $195 I $0 ! $4.023,198 $490,653 $5.749,592 $5,749,592 $8,206,662 $8,155 ! $9,207,179 $9,207,179 9 207179 155 J I I 0.0 Rev -Cost Sal = 1.00.0 I I J 1.0 Ratio to Cc Avg 1.342 I METHODOLOGY: --~--- 1— Capital facilitbes �_� ---- +--- --. .�"— '-"-- ---- I p requirements are input to the first column as calculated in the model. 2. J Nei Fiscal Impact NPV from operations carculatfons is input in row total of second column I (zero it negative); intruded are the one-time taxestfess farone year only at full value. 3. NPV of future oper cap egtdp taxes paid in third catumn as calculated In 6acal impacts. 4. i NPV of future capital expenditure taxes paid in fourth col as calculated in flscal impacts. S. J NPV of future taxes paid to bring current oaunty up to standard for new facilities, as calculated for each new faciltty. l S. Columns three through fire are added as potential credits against the calculated capital facilities requirements. Theses are adjusted for percent of casts covered by the revenues from the project {actual, or as ratio to avg. for at] residential development). j NOTE: Proffer carculattons do not include Include Interest because they are cash payments up front. Credits do Include interest it the projects are debt financed. NOTES: Model Run Date 10/17103 CRAM I 'rolect Description: "Bleak Evert- Analysts -Phases 1 & 2 of Crosspour nte Center {two of Three phases). Assumes 39D,325 s.f. retaiUpeneral commercial ; 907 singe family dtwellinp units (includes 200 a9E` ! estrictad units); and 222 townhouse units on 356.51 acres zoned RP and S2 District (107.71 acres B2; 248.8 acres RP). NOTE This output report Is not the aRlciei Sscel imnaet anaivsie Mr Cr=%rininfn Canted )ue to changing conditions associated vdth development in the County, the results of this )utput Module may not be valid beyond a period of 90 days from the model run date. t7 m a Crosspointe Center Impact Analysis Statement Section V Proffer Statement J 11 I REZONING: PROPERTY: RECORD OWNER APPLICANT PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATA: PROPOSED PROFFER STATEMENT RZ. # 574.37 acres +/-, RA-1 to RP and B-2 Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 (the "Property") Glaize Developments, Inc., a Virginia corporation. Glaize Developments, Inc. Crosspointe Center August 27, 2003 October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Crosspointe Center" dated August 12, 2003, as revised October 20, 2003 (the "GDP"), Page 1 of 12 1 Crosspointe Center Proffer Statement I and shall include the following: 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003; 2. the "GDP, Phase I," dated August 12, 2003, as revised October 20, 2003; 3. the "GDP, Phase Il," dated August 12, 2003, as revised October 20, 2003; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003, and ' 5. the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. 1. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General ("132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. ' 1.4. Residential development on the Property shall not exceed a maximum of 1,578 dwelling units, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. ' 1.5. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted" housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, ' and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. 1 Page 2 of 12 i� Crosspointe Center Proffer Statement r 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable oidinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2.2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 2.2.2 Phase II development shall not commence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase II shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. r2.2.3 Phase III development shall not commence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. 3. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 3.1. Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall be constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a unified development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. ' 3.3. A comprehensive sign plan shall be presented as part of the Master Plan submission for approval by Frederick County. IPage 3 of 12 L 1 1 Crosspoirte Center Proffer Statement 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. 4. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. 5. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100,000.00, upon issuance of the first building permit for each of the three phases as described herein. 6. SCHOOLS: 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building ' permit for each such unit with the exception of age -restricted units. 7. PARKS & OPEN SPACE: 7.1. The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. 8. LIBRARIES: 8.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 9. SHERIFF'S OFFICE: ' Page 4 of 12 1 17 I Crosspointe Center Proffer Statement 9.1. The Applicant shall contribute to the Board the sum of $5,000.00 for the Sheriff's Office upon issuance of the first building permit for the development. 10. ADMINISTRATION BUILDING: 10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building permit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area ' subject to their jurisdiction., and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse ' collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations ' or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for Page 5 of 12 I 1 I Crosspointe Center Proffer Statement assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall water and sewer, connection. All w� accordance with th Authority. 13. ENVIRONMENT: be responsible for connecting the Property to public -id for constructing all facilities required for such ter and sewer infrastructure shall be constructed in requirements of the Frederick County Sanitation 13.1. Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, design of the roadway system shall be consistent with the study entitled "A Phased Traffic Impact Analysis of Crosspointe Center," prepared by Patton Harris Rust & Associates, dated September 10, 2003 (the "TIA"). Page 6 of 12 Crosspointe Center Proffer Stafemeril ' 14.2. The following traffic improvements shall be designed and constructed during Phase I. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of Transportation ("VDOT") specifications, and subject to review ' and approval by the Frederick County and VDOT. ("E" to "G" on the GDP). ' 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as 1 generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "H" to ' "J" on the GDP). 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Hilandale Road from ' Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted ' on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the I-81 NBL off ramp and the 1-81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FHWA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "E" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K". 14.2.7 Full left and right turn commercial entrances to Tasker Road shall IPage 7 of 12 Crosspointe Center Proffer Statement be limited to four with two allowed between "F" and "G" and one each allowed at "H" and "J". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase II and shall be completed prior to issuance of the first occupancy permit in Phase II, unless noted otherwise herein. The exact location and design of such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof. 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. ("J" to "K" on the GDP). 14.3.2 The Applicant shall .design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "TA" o,i tl:e GDP). 14.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. ("G" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase III, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ("M" to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard fiom the intersection with Tasker Road to Warrior Drive. ("G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the east limits of the development. ("M" to "O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: 1. Warrior Drive is extended from the south across offsite properties to intersect with Tasker Road (S.R. 642) (at "N") or IPage 8 of 12 Crosspoiwe Center Proffer Statement ' with links provided to U.S. Route 522. (At "O"). 2. Warrior Drive is extended from the north across offsite ' properties to intersection with Paper Mill Road (S.R. 644). (At «L, 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase III transportation impacts. ' 14.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant ' shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of 1-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master ' Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a full transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("E" to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. ' 15.2. The Applicant shall creo to a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as ' generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the cornnencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environnental Impact Statement/Section 4(f) Evaluation (the "FEIS"). In the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. ' 15.5. If the Applicant constructs the extension of Warrior Road in the aligrmlent contemplated by and studied in the FEIS, the Applicant will coordinate that construction with the Federal Highway Administration ("FHA"), the Virginia State Historic Preservation Officer ("SHPO"), VDOT, and IPage 9 of 12 Crosspointe Center Proffer Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). ' 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided ' herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur- within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible with the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within tlu•ee years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the ' County the sum of $200,000.00 in lieu of such dedication or extension within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 10 of 12 Crosspointe Center rl L E 1 I Proffer Stalement SIGNATURES APPEAR ON FOLLOWING PAGES Page 1 I of 12 Crosspointe Center Proffer Statement GLAIZE DEVELOPMENTS, INC. By: ate 4 cL--W . Title: -*'<4--c -- d i COMMONWEALTH OF VIRGINIA; CITY/E6tjt� OF : to -wit The foregoing instrument was acknowledged before me this a }, day of 2004, by Notary Public Mly Commission expires: "IV-6-\ `cjl-� J:\43\4346\REZONING\REZONING\PROFFERS\Proffer 0123.doc Page 12 of 12 Crosspointe Center 1 it 1 Section VI Agency Comments Impact Analysis Statement Rezoning Comments Crossnointe Virginia Department of Transportation Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other" pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Sy treet, Suite 200 Winchester, VA 22601 Location of Property: Kemstown Area - East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Virginia Department of Transportation Comments: See attached VDOT comments dated October 24, 2003. EAYE r J VDOT Signature & Date: o- 2LI -t9 3 Notice to Ad iso B rd - Please Return This Form to the Applicant 1 I. VDOT Comments to Crosspointe Center Rezoning October 24, 2003 The documentation within the application to rezone this property appears to have significant measurable impact on Routes I-81, 37 and 642. These routes are the VDOT roadways which have been considered as access to the property referenced. 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. Try Generation Manual, Sixth 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. VDOT's review of the application and proffer indicates the following: 1 Existing Level of Service of the I-81 North Bound Off Ramp at Route 37 is Level of Service "D" in the PM Peak Hour. All other intersecting routes, including Tasker Road at Route 37, have a Level of Service "C" or better. • With the Phase I build -out, the proffers offered would provide a Level of Service "C" or better at all intersections, including the I-81 North Bound Off Ramp at Route 37. • With the Phase II build -out, the proffers offered would provide a Level of Service "C" or better at all I-81 ramp intersections and the intersection of Hillandale and Tasker Road. However, the relocated intersection of Tasker Road and Crosspointe Boulevard illustrates Level of Service "D" at three legs of intersection in either AM or PM Peak Hour. • With the Phase III build -out, the proffers offered would provide a Level of Service "C" at all I-81/Route 37 ramp intersections with the exception of the North Bound Lane Off Ramp which would have a Level of Service "D" in the AM and PM Peak Hour. Again, the relocated intersection of Tasker Road and Crosspointe Boulevard illustrates Level of Service "D" at three legs of intersection in either AM or PM Peak Hour. All other intersections provide for a Level of Service "C" or better. Furthermore, at Level of Service "D" locations identified in the TIA, the developer should strive to improve each intersection to the desirable Level of Service "C". • Traffic lights are mentioned at the following intersections and as identified on the Generalized Development Plan, but are not specifically included in the proffers: o Phase I at Intersection "E" which constitutes revamping the existing signal and at Intersection "G", Crosspointe Boulevard and Route 642, Tasker Road. o Phase II at Intersection "M" of Crosspointe Boulevard and proposed Warrior Road and at Intersection "K" of Route 642, Tasker Road and proposed Warrior Road. In general, signalization should be provided at the appropriate locations established by warrants determined by VDOT. VDOT is satisfied that the transportation proffers offered in the Crosspointe Center Rezoning Application dated August, 2003, revised October 22, 2003 addresses transportation concerns associated with this request. Our review indicates a decline to a Level. of Service "D", at intersections only during AM and PM Peak Hours. An overall Level of Service "C" can be maintained throughout the roadway network. 'Any work performed on the State's ri ht-of-way must be covered under a land use permit. This permit is issued by this e and requires inspe . n e and surety bond coverage. ' J r A. CoP�Transportation Resident Engineer JAC/rf P•2 � I � I I I Rezoning Comments Crosspointe Name of Fire & Rescue Co_ Stephens City Fire Co., Inc. P.O. Box 253 Stephens City. VA 22655 869-4576 Fire and Rescue Company Address & Phone Stephens City Fire Co., Inc. P.O' Box 253 Stephens City, VA 22655 869-4{76 Applicant's Name: Gilbert W. Clifford & Assoc_. Inc. Phone- (540)667-2139 Mailing Address_ u/o C_ E. 14taddIL. Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester_ VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA' Route 37 ends, ' Current Zoning- _IZA Zoning Requested: RP & R2 Acreage 676.17 — k Fire and Rescue Company's Comments The Stephens City Fire and Rescue Company would t support the Crosspointe proposed rezoning_ provided the following: 1. All recommendations be the Frederick Count• Fire Marshal be satisfied. as required bi. applicable code g 2. There gill be three {;) donations of $100,000. each. provided to the Stephens fit?- Fire and Rescue: Company of which_ will be made at specific time periods, to be determined by the issuance of Count- building permits (These donations will not have an etlect on the proposed profter monies. designated for Fire and Rescue) 3. It is further recommeded that three (3) acres of land_ suitable and zoned appropriatel-'. be donated to the Stephens City Fire and Rescue Company for fiuure grox t -irc and Rescue Sen-ices (Fire/Rescue station) 1 Fire & Rescue Company's Signature &; Date: October 21.2003 Grecory L. Lockc Firenn Ric e C rn—a Notice to Fire & Rescue Company — please Return This Form to the Applicant 1 23 � J L Rezoning Comments Crosspointe Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage:. 626.37 Dept. of Parks & Recreation Comments: The proposed proffer for Parks and Recreation appears to be consistent with the proffer model and with the net impact this development will have on the demands for recreational activities created by this development. This department needs .ti see more information pertaining tothe required recreation amenities, open s,,ac a d t�� e Signature & Date. ( / %'� s n/bikeway discussed in the project su 7 / 03 ;. r Notice to Dept. -'f Parks & Recreation — Please Return This Form to the Applicant IJ 1 nary. 14 I ,P"'�'9F'rederick County Public Schools ... to ensure all students an excellent education Administrative Assistant to the Superintendent October 16, 2003 C. E. Maddox, Jr. P.E., VP Gilbert W. Clifford & Assoc., Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Al Omdorff orndorfa@kederick.k12.va.us RE: Crosspointe Center Rezoning Dear Mr. Maddox: This letter is in response to your request for comments concerning the rezoning application for the proposed Crosspointe Center project. Based on the information provided, it is anticipated that the proposed 1310 single family homes, and 280 townhouses, will yield 254 high school students, 217 middle school students, and 598 elementary school students for a total of 1,069 new students upon build -out. The application is not clear on the scheduling. of the three phases relative to a calendar timeline: _ It Would be helpful for -facility and' staff planning to be able to project the number of possible students generated on an annual basis from this proposed project. Significant residential growth in Frederick County has resulted in the schools serving this . area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully Yours, Al Omdorff Administrative Assistant to the Superintendent Copy: William C'. Dean,' Ph. D., Supedhtendent-of'Schools Robert W. Cleaver, Assistant Superintendent for Administration 1415 Amherst Street www1rederick.k12.va.us 540-662-3889 ext. 112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax SERVING THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 - October 16, 2003 Charles E. Maddox, Jr. Vice -President Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment Crosspointe Shawnee Magisterial District Dear Mr. Maddox: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request Sincerely, S. R. Manuel Executive Director Rezoning Comments Crosspointe Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, VA 22602 Winchester, VA (540) 662-2422 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr P E VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:—::��� to I (° 1 3 . Notice to Winchester Regional Airport — Please Return This Form to the Applicant 21 41G� 7 O� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 173E FAX: 540/ 665-6395 IOctober 15, 2003 Mr. Charles E. Maddox, Jr. P.E, VP G.W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 ' Winchester, VA 22601 RE: Preliminary Comments - Crosspointe Center Rezoning Proposal Dear Chuck: This correspondence is intended to identify issues of concern regarding the preliminary application materials for the Crosspointe Center rezoning proposal, which were submitted on September 12, 2003. The preliminary application package consists of the following principal components: (1) Impact Analysis Statement, to include A Phased Traffic Impact Analysis of Crosspointe Center, dated September 10, 2003, prepared by Patton Harris Rust & Associates, PC; (2) Proposed Proffer Statement dated August 27, 2003; and (3) Generalized Development Plan (GDP) dated August 12, 2003. It is anticipated that these issues will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. The following comments are offered for your records: A. Impact Analysis Statement 1. Please note that the non-residential floor area data provided on the application form does not correspond with the floor.area stated in either the impact analysis statement or Proposed Proffer Statement. These figures should be reviewed for accuracy and consistently applied throughout all of the application materials. 2. As noted through previous conversations, the northernmost portion of the proposed rezoning area is located outside of the Urban Development Area (UDA). This acreage is located adjacent and north of Hoge Run and is proposed to be rezoned to the RP (Residential Performance) zoning district, as shown on the Generalized Development Plan (GDP). Pursuant to the land use policies of the Comprehensive Policy Plan, suburban and urban residential land uses are planned to develop within the UDA wherein the public facilities necessary to accommodate more intensive land uses are either available or planned to expand. (Comprehensive Policy Plan, p. 6-1, 6-5, 6-6) r 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 The RP zoning district allows suburban and urban residential land uses by right. As such, the proposed rezoning of land to the RP district outside of the UDA is inconsistent with the land use policies of the Comprehensive Policy Plan. To resolve this inconsistency, the applicant should either (1) revise the proposed rezoning boundary to follow the limits of the UDA, coincident with Hoge Run, or (2) pursue expansion of the UDA to incorporate the portion of the site located north of Hoge Run. If the rezoning area boundary is revised, please ensure that all data impacted by this adjustment is modified throughout the various components of the application package. B. Proposed Proffer Statement 1. Land Use 1.2 Residential It is noted that while the maximum number of dwelling units in Crosspointe Center is S defined by this proffered condition, there is no limitation concerning the rate of residential development nor is the relationship between the development of residential and non- residential land uses enumerated. The impact analysis statement presents the development program for Crosspointe Center in three distinct phases comprised of both residential and commercial land uses. Implied by such phasing for the purposes of impact assessment is that commercial development will occur simultaneously with residential development, thereby ensuring an effective balance of land uses throughout the development cycle. However, the Proposed Proffer Statement does not provide assurance that the coordinated phasing of residential and commercial land uses will occur. In the absence of a defined phasing plan for the land uses in the Proposed Proffer Statement, it is possible that the residential component of Crosspointe Center could advance at a faster pace than the commercial component, potentially reaching residential build out prior to the commencement of commercial development. Should such a scenario occur, the advantages of the phasing program suggested in'the Impact Analysis Statement and assumed by the Fiscal Impact Model would be negated. IAs described by the South Frederick Land Use Plan (SFLUP), a mixed use area is envisioned to develop with a balance of land uses consisting of both commercial and residential components..Attainment of the desired mix is promoted through control of the residential component, with policy stipulating that residential uses are planned to comprise no more than 75% of the land area of a given mixed use project. There is no policy limitation concerning the amount of commercial land uses in a mixed use project, except that such uses are clearly expected to develop with residential uses in an integrated environment. 1 t Page 3 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 I(Comprehensive Policy Plan, p. 6-42.4) 1 1 F1 The majority of the proposed. Crosspointe Center site is designated for mixed use development by 'the SFLUP. Overall, residential uses are proposed to comprise approximately 66% of the total project land area, which is consistent with the mixed use designation. To ensure that a balance of land uses is maintained throughout the development cycle, residential uses should be limited to no more than 75% of the project at any given time. If feasible, it would be appropriate to define the three phases of development delineated in the Impact Analysis Statement within the Proposed Proffer Statement, with the assurance that residential development would proceed incrementally according to the completion of specified thresholds of commercial floor area. The Proposed Proffer Statement specifies that 200 "elderly housing units" will be included in the residential development program of Crosspointe Center. It is recommended that this dwelling unit type be identified more precisely by the corresponding housing type of the RP zoning district, which is presumably single family small lot. The intent of the applicant to limit occupancy of these units to the elderly population may be conveyed by noting in the proffered condition that such housing will be designated to serve the active adult - age restricted market. Please note that Frederick County is not equipped to enforce a proffered condition precluding the development of garden apartment or condominium housing for rental purposes. If such housing is permitted in Crosspointe Center, it is assumed that some units may indeed be available for rent to address market demand. However, multi -family housing is not specified by the rezoning application as a planned housing type in Crosspointe Center and was therefore not included as an assumed land use in the Fiscal Impact Model analysis. Moreover, the proposed proffers expressly identify the residential land uses permitted in Crosspointe Center, which include single family detached dwelling units, townhouse units, and elderly housing units. Thus, multi -family units would not be permitted. It is therefore recommended that the reference to rental garden apartments be either removed from the proposed proffered condition or clarified to indicate that multi -family dwellings are prohibited in Crosspointe Center. Architecture, Signage, and Landscaping 3.1 and 3.2 Both of these proffered conditions stipulate that the development of Crosspointe Center will occur in "substantial conformance" with the requirements of the RP and B2 zoning districts, respectively. It is noted that conformance with ordinance requirements should not be 1 Page 4 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 qualified to suggest that there is a particular level of compliance acceptable to Frederick County other than full and complete. 1 tie ettect of this protered condition is to communicate that there is no limitation or minimum standard concerning exterior building materials proposed for Crosspointe Center. The proposed proffer language identifies a variety of possible exterior building materials for commercial buildings, but does not offer a commitment to the exclusive use of said materials. The value of this condition within the Proposed Proffer Statement as a means of influencing project design is therefore questionable. If the applicant is interested in ensuring building design that achieves a unified and distinctive theme, it is recommended that minimum architectural standards be contemplated as a component of this application. The applicant has proffered that a comprehensive sign plan will be prepared for the entire Crosspointe Center development, but does not include any such plan with the Proposed Proffer Statement. As a comprehensive sign plan is intended to serve as an enforceable sign program that is unique to a given development, it is generally appropriate that the plan be included with the rezoning application and adopted with the proffer statement. In so doing, the comprehensive sign plan becomes the sign ordinance applicable to the development that will be enforced by the jurisdiction in perpetuity. Moreover, as such sign plans generally impose more stringent design standards than the Zoning Ordinance, the potential for successful implementation is substantially enhanced when the alternative standards are enforceable as conditions of a rezoning approval. To be most effective, a comprehensive sign plan should identify acceptable sign styles (i.e. monument type), specify dimensional standards for freestanding and building mounted signs, and stipulate minimum design elements (i.e. materials, lighting) so that a coordinated theme can be achieved and maintained throughout the development. Pedestrian Trail System and Recreation Areas The infrastructure policies of the SFLUP encourage development of bicycle and pedestrian facilities as a component of the transportation system for mixed use areas. (Comprehensive Policy Plan, p. 6-42.6) The Proposed Proffer Statement states that a pedestrian trail system will be constructed within the development to link residential and commercial areas. The minimum design standards for this system are not specified by the applicant, thereby leaving the ultimate width and surface treatment(s) of the proffered trails undefined. Without such information, it is difficult to determine whether the trail system proposed for Crosspointe Page 5 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 Center will be adequate to accommodate both pedestrian and bicycle traffic as promoted by the SFLUP policies. Additionally, while precise trail location information will be determined during subsequent phases of development review, inclusion on the GDP of the ' general framework of the system that identifies its central components and linkages would be appropriate. The applicant is encouraged to consider establishing connections with pedestrian systems in adjoining developments in addition to the internal linkages proposed 1 by proffer. 4. Monetary Contributions - CPI Adjustment Frederick County recently accepted a rezoning petit ion that included a provision for the periodic adjustment of monetary contributions to account for the impact of inflation on the value of said contributions. Specifically, this clause provided for the adjustment of all monetary contributions to reflect the Consumer Price Index (CPI), with such adjustments to occur every twenty four (24) months over the course of the proj ect's development cycle. The employment of such an "escalator clause" is encouraged with all rezoning petitions as a means of ensuring that monetary contributions effectively address targeted impacts. This ' approach is particularly relevant to large projects that will follow a phased development schedule requiring several years for completion, such as proposed Crosspointe Center. 5. Schools 6.1 It is recommended that the language of this proffered condition clarify that the $3,000 contribution for school purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 6. Parks & Open Space 7.1 It is recommended that the language of this proffered condition clarify that the $500 contribution for recreational purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 1 1 I Page 6 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 7. Libraries 8.1 It is recommended that the language of this proffered condition clarify that the $100 contribution for library purposes is on a "per dwelling unit" basis. The current language implies that this monetary amount is intended as a per unit contribution, but would be more clear if written with the specificity of Proffered Condition 5.1 concerning Fire & Rescue contributions. 8. Water & Sewer 12.1 It is recommended that this proffered condition specify that all water and sewer infrastructure provided by the applicant will be constructed pursuant to the requirements of the Frederick County Sanitation Authority (FCSA). 9. Transportation IPhasingof f Improvements As currently proposed, the transportation phasing program proffered by the applicant is not linked to the planned phases of residential and commercial development in quantifiable terms. During a discussion concerning this project with VDOT staff on October 3, 2003, it was generally agreed that a more distinct relationship between land use and transportation phasing would be advisable. It was noted that the most effective phasing method would involve the inclusion of specific development thresholds in the transportation proffers that represent the trigger for each phase of transportation improvements. If residential land uses are ultimately phased by the applicant so that they will not outpace commercial development, the appropriate threshold triggering commencement of a given transportation phase would arguably be commercial floor area. . Regarding the completion of phased improvements, it may be appropriate to com mit to the full completion of the transportation improvements for a given phase prior to the issuance of the first certificate of occupancy (CO) for said phase, as opposed to the first building permit. This arrangement would enable the applicant to commence development activities while the road system is being developed, but preclude the initiation of land uses ' (commercial and/or residential activities) prior to the availability of necessary infrastructure to accommodate projected trips. During the October 3' meeting with VDOT representatives, the proposed Phase One relocation of Tasker Road was identified as necessary prior to the commencement of site I�-,I u 1 1 Page 7 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 development activities to ensure acceptable traffic conditions in the vicinity of the I-81/Rt. 37/Rt.11 interchange. The relocated segment of Tasker Road would serve as the initial means of access to the project for construction traffic and related activities and further provide alternative access to I-81, which would be necessary to enable the required relocation of the northbound interchange ramps. It was therefore recommended that the proposed transportation program provide assurance that the Phase One relocation of Tasker Road will be completed prior to the issuance of the first building permit for the project. As currently written, the proposed transportation program does not provide any assurance that this improvement will be completed prior to the commencement of development activity. Relocation of Northbound Interchanae Ramos Along with the relocation of Tasker Road, the relocation of the northbound I-81 interchange ramps is critical to the effective mitigation of the projected traffic impacts of Crosspointe Center. However, the proposed transportation program does not specifically reference the required relocation of the ramps and further, does not identify responsibility for this improvement. As a Phase One improvement, the relocation for the ramps is expected to be completed prior to the issuance of either the first building permit or certificate of occupancy ' for the project, depending upon which permitting function is proposed as the enforcement mechanism for completion of each phase. It is recommended that the proposed transportation program expressly identify the relocation or the northbound interchange ramps as a Phase One improvement. It is noted that during the October 3td meeting, VDOT representatives clarified that improvements to the interchange ramps would not occur as a VDOT project. Therefore, the proposed transportation program should not identify VDOT as a potential funding source for this critical improvement. Crosspointe Boulevard As currently depicted on the proposed GDP, the eastern terminus of proposed Crosspointe Boulevard is planned at its intersection with Warrior Drive, approximately 800 feet west of the project boundary. It is recommended that proposed Crosspointe Boulevard be extended to the eastern limits of the project site to -enable its ultimate continuation toward Route 522 via subsequent development proposals. By constructing Crosspointe Boulevard to the project boundary, the applicant would ensure that all segments of this regional transportation improvement would be in place within the project to enable its uninterrupted extension. If amenable, the applicant should delineate this extension on the proffered GDP, and also specify the planned terminus within the proposed transportation program. It is noted that the construction of Crosspointe Boulevard to the eastern limits of the project is critical to facilitating implementation of the regional transportation program envisioned by the SFLUP. Design of Proposed Improvements It is recommended that the proposed transportation program include greater specification r I Page 8 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 concerning the design of planned transportation improvements. In addition to identifying right-of-way widths, the program should include technical specifications that are deemed appropriate by VDOT to ensure that the ultimate form and function of proposed improvements are appropriate. Specifically, the number of lanes to be constructed by phase for a given road segment should be specified, and are expected to be consistent with the configuration assumptions utilized in the Traffic Impact Analysis for Crosspointe prepared by Patton, Harris, Rust & Associates. It is recognized that Crosspointe Boulevard, Tasker Road, and Warrior Drive will all serve 1 as maj or transportation corridors within Frederick County, accommodating both regional and local traffic with diverse destinations. Special attention to the design of these corridor areas is essential to achieving the distinctiveness of appearance anticipated with a high visibility project such as Crosspointe Center. The applicant is therefore encouraged to consider including specific design treatments for these major improvements within the proposed transportation program. In particular, constructing each of the referenced roads as traditional boulevard sections with raised medians and enhanced landscaping would be desirable. Should such road design be used within Crosspointe Center, it is recommended that the transportation program reference VDOT minimum standards for design of typical boulevard components (i.e. raised medians). It is noted that Warrior Drive is currently being designed as a divided boulevard section with median landscaping as it proceeds north through'the Wakeland Manor development. Thus, it would be appropriate to .continue this design standard as Warrior Drive extends through Crosspointe Center. The proposed transportation program does not specify any access limitations concerning the principal roadways planned for Crosspointe Center. The transportation policies of the Comprehensive Policy Plan indicate that direct access to arterial and collector roads should be limited. (Comprehensive Policy Plan, p. 7-4) It is recommended that the proposed transportation program expressly enumerate access limitations for Tasker Road, Warrior Drive, and Crosspointe Boulevard. The employment of corridor buffers adjacent to the principal roads within Crosspointe Center would also serve as an effective design enhancement. Such buffers may contain enhanced landscaping, structural features such a decorative walls, monument style entrance signs, and pedestrian or "hikeribiker" trails. Coupled with the recommended boulevard design of the major roads, corridor buffers would achieve a distinctive aesthetic quality for ICrosspointe Center befitting its regional importance as a commercial destination Page 9 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 C. Generalized Development Plan l . It is recommended that the proposed GDP include delineation of environmentally sensitive areas identified by the SFLUP that are to be conserved through the development of Crosspointe Center. The applicant is encouraged to precisely identify protected environmental areas both on the GDP and through the text of the final proffer statement. Moreover, the historic resources that are proffered to be preserved by the applicant should be identified on the GDP. 2. The proposed transportation program references that Crosspointe Boulevard will be expanded to a four lane section as a Phase Three improvement, yet the GDP depicts this proposed road only as a two lane section. Please ensure that proposed improvements are shown on the GDP as described in the Proposed Proffer Statement. 3. Please include depictions of any landscaped or buffer areas identified in the Proposed Proffer Statement on the GDP. If such areas are proposed, the depictions on the GDP should be referenced as guides for implementation via subsequent land development applications. 4. It is recommended that the GDP include a table specifying the residential and commercial development planned for Crosspointe Center by phase. Such a table should identify the specific housing types proffered to comprise the residential program for each phase and further delineate the planned use of the commercial floor area as either office or retail/general commercial. 5. The land planned use for areas proposed for RP zoning should be identified as "residential" or "residential, mixed housing types" rather than "mixed use." D. Review Agency Comments. Please ensure that review comments from the following agencies are obtained and submitted with the final application: Frederick County Attorney, VDOT, Historic Resources Advisory Board, Public Works, Fire Marshal, Fire and Rescue - First Responder, Frederick County Sanitation Authority, Frederick -Winchester Service Authority, Superintendent of Frederick County Public Schools, Winchester Regional Airport, and the Frederick County Department of Parks and Recreation. The subject rezoning petition will be scheduled for the next available Planning Commission agenda upon receipt of the following: (1) signed application form with all of the above referenced review agency comments; Page 10 Mr. Charles E. Maddox, Jr., P.E., V.P. Re: Crosspointe Center Rezoning Proposal October 15, 2003 (2) final proffer statement that is signed by the property owner and notarized; (3) final impact analysis statement; and, (4) completed Special Limited Power of Attorney form (attached). Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Y e� Christopher M. Mohn, AICP Deputy Planning Director CMM/bad Attachment cc: John Foote, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC Alice Haase, Attorney at Law, Walsh Colucci Lubeley Emrich & Terpak PC Eric R. Lawrence, AICP, Planning Director �I Abbe S. Kennedy, Senior Planner Jerry Copp, Virginia Department of Transportation Ben Lineberry, Virginia Department of Transportation Lloyd Ingram, Virginia Department of Transportation IUAChris\Common\R=ning\Prelim Comments\Crosspointempd L, J I i I 1 I Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) (Phone) (Address) 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 IInstrument No. r� IJ 11 1 1 on Page Parcel: Lot: Block: Section do hereby make, constitute and appoint: (Name) and is described as Subdivision: (Phone) (Address) To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200_, Signature(s) State of Virginia, City/County of , To -wit: I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 200_ My Commission Expires: Notary Public I Q 1 r 1 I 1 Rezoning Comments Crossnointe Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Applicant's Name: Mailing Address: Location of Property: Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4a' Floor 107 North Kent Street Winchester, VA 22601 Gilbert W. Clifford & Assoc. Inc. c/o C. E. Maddox, Jr P E VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage. 626.37 Department of Inspections Comme nts: ents: .1yn C o M id rI/ i — E �2 4 Public Works Signature & Date: Notice to Dept. of — Please Return This Form Jo�'the 1 �1O'k G -0-3P-an .1A 10 Rezoning Comments Crosspointe Frederick -Winchester Service Authority Mail to Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr.. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends I; Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 I 1 1 1 1 Fred-Winc $erylee Authority's Comments: ' _Set am t�Y1�G1Np . Fred-Winc Service A h rity's Signature & Date: U ,4 , 9 03 Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant 24 EA 1 I 1 1 Memo To: C.E. Maddox, Jr. P.E. —Gilbert W. Cli r & Associates, Inc. From: Jesse W. Moffett — Executive Director Date: September 25, 2003 Re: Crosspointe Rezoning In my review of the rezoning application I contacted the applicant regarding the omission of wastewater and water demands for the single family home units with the project area. A revised Table 2 was provided by FAX on 9/12/03. With the revised numbers build out of this project is projected to generate an average daily flow of 494,000 gal/day. The item raised in the application regarding the Parkins Mills facility and the initial evaluation of the capacity issues is worthy of note. Attached is a table showing the future cumulative flows from active development and approved master plans (479,180 gal/day) 0 Page 1 Active Development (Developable lots & Master Plans) 479,000 gaUday Crosspointe Development 494,000 gaUday Parkins Mills Flow 1,850,000 gal/day Total 2,823,000 gaUday ^- . 8vnveoevemomen 'pma"ri"ko"jinm PM 65 343 Carlisle Heights 7 Oakdale Crossing 111 OWRF sovereign Village 2 —7 ^° ^m mm may nu wu m m Master Develonment Plans 13—lopments Total Lots ---- 6a�101)ed Available Lots Ne� New Future Future -- '— ` LZ Peak Flow MMOM-fifflaz2WE-59M i i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 29, 2003 Mr. C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Crosspointe Rezoning Proposal Dear Chuck: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of September 16, 2003. The HRAB reviewed information associated with the 1992 National Park Service. Study of Civil War Sites in the Shenandoah VallpL the Frederick County-Winchester;BattlefieldNetwork:Plan,`Fiederiek-County-Riital-Landmarks Survey Report, and information provided by'the- applicant ,from the • Final--Erivironniental: Impact Analysis statement FEIS for Route 37. Historic Resources Advisory Board (IRAB) Comment The 626 acres proposed for rezoning from the RA (Rural Areas) District to the RP (Residential Performance) District and to the B2 (Business General) District are not located within core battlefield areas as identifiedin the Study of Civil War Sites in the Shenandoah ValleX. Located on the property are several historic resources: Hillandalehouse, Hillandale earthworks, Carriebrooke, Carriebrooke redoubt. These resources have collectively been deemed the Camp Russell Historic District by the Rt. 37 FEIS. It was noted by the HRAB that the earthworks located on the subject property are very well preserved. The HRAB felt, given the historic resources, that the property is an asset that provides a unique educational opportunity to relay the story of Frederick County. In addition, the Battlefield Network Plan also identifies Camp Russell, referred to as the 1864 Winterline, as a contributing battlefield feature. The HRAB suggests that the applicant consider the -following recomendations when finalizing the rezoning application: Preservation of additional'land more than one acre in size around Hillandale house 'to 'allow . for preservatibn of outbuildings:and the historic.context: of the structure`. 1 107 North Kent Street - Winchester, Virginia 22601-5000 1 1 1 1 1 1 1 1 1 Page 2 C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. Re: Crosspointe Rezoning Proposal September 29, 2003 • Identify the minimum boundaries for the Hillandale house that would be included, if the property is listed on the State and National Registers • Acknowledge all four significant historic sites with listings on the State and National Registers • Consider preserving the entire Camp Russell historic district, as identified by the Route 37 FEIS. • Consider allowing the HRAB to review this project again, as treatment plans for the historic resources on the property are developed and more details regarding site development are available. Please contact me if you have questions regarding this comment from the HRAB. Sincerely, 4Q�O—K4JA Rebecca A. Ragsdale Planner I RAR/bah cc: Bessie Solenberger, HRAB Chairperson John H. Foote, Walsh, Colucci, Lubely, Emtich, & Terpak, PC Fred Glaize, Glaize Developments, Inc. Christopher Mohn, Deputy Director, Frederick County Department of Planning U:\COIvMTTBBSqULAD\Carnrnents\2003\CrosspointeRZ.wpd AB\Comments\2003\CrosspointeRZ.wpd a I 11 Rezoning Comments Crosspointe Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-63 83 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 County Attorney's Comments: — / rz`��. Assistant ( Signature Y- -7� k le-J I 7 1 1 1 1 1 t t Rezoning Comments Crossaointe Frederick County Sanitation Authority Mail to Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Sanitation Authority Comments: Sanitation Authority Signature & Date: Notice to Sanitation Au� ' — Please Return This Form to the Applicant 16 1 N 1 1 1 Rezoning Comments Crosspointe Frederick County Fire Marshal Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1'` Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox. Jr P E VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Fire Marshal's Comments: Fire Marshal's Signature & Date _ Notice to Marshal — Please Return This Form to the Applicant 13 Frederick County Fire and Rescue Department office of the Fire Mars thal PlanFReview"anMih4ms Control number RZ03-0011 Project Name Crosspointe Center Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Date received 9/8/2003 City Winchester Tax ID Number 75-A-89,89A,90,9 Date reviewed 9/22/2003 Applicant G.W.Clifford & Associates State Zip VA 22601 Fire District 11 Recommendations Automatic Fire Alarm System Yes Requirements Date Revised Applicant Phone 540-667-2139 Rescue District 11 Election District Shawnee Residential Sprinkler System Yes Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Not Identified No Emergency Vehicle Access Comments Project should incorporate NFPA 1141 Fire Protection in Planned Building Groups as a minimum guide to providing needed fire protection and access. Water supplies shall meet the requirements of Frederick County Code Section 90-4 or the Current Edition of International Fire Code, whichever is the most stringent. Access Comments Fire lane markings and signage required at all fire hydrants and all normal and emergency access points to the structure. Additional Comments Provisions for the disposal of land clearing debris should be addressed with the developer. it is anticipated that on site burning will not be granted by the Authority Having jurisdiction. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title 9� PROVE rr 9 I ., § 90-3 FREDERICK COUNTY CODE § 90-4 ' PRIVATE DWELLING — The same as a "dwelling." PRIVATE ROAD — The same as a private street. PRIVATE STREET — Any accessway normally intended for vehicular use ' in the movement between points within a building site area or between a building site and a street. ' ROADWAY — Any street, private street or fire lane. STANDPIPE — A pipe and attendant hose valves and hose, (if provided) used for conveying water to various parts of a building for fire -fighting purposes. STORY — That portion of a building included between the upper surface of the floor and the upper surface of the floor or roof next above. ' STREET — A public thoroughfare (street, avenue or' boulevard) which has been dedicated for vehicular use by the public and can be used for ' access by Fire Department vehicles. STRUCTURE — Any building, monument or other object that is ' constructed with the ground as its foundation or normal resting place. SUPERVISED AUTOMATIC FIRE -EXTINGUISHING SYSTEM — Any ' automatic fire -extinguishing system which is constantly monitored so as to determine its operating condition at all times. ' § 90-4. General requirements. The following requirements shall apply to all construction or land development activities in areas of the county served by public or private water distribution systems consisting of water mains and hydrants: ' A. Means of access for Fire Department apparatus. (1) The means of access for Fire Department apparatus shall consist of fire lanes, private streets, streets, parking lot lanes or a rcombination thereof. 9004 § 90-4 FREDERICK COUNTY CODE § 90-4 (1) At least three (3) perimeter walls of all industrial, commercial, public or semipublic or residential structures with three (3) or more dwelling units per structure shall be within two hundred (200) feet of an approved fire lane or street. (2) Structures exceeding 30 feet in height shall not be set back more than fifty (50) feet from a street, fire lane or private street. (3) When any combination of private fire protection facilities, including but not limited to fire -resistive roofs, fire separation walls, space separation and automatic fire -extinguishing systems, is provided and approved by the Chief Building Official as an acceptable alternative, Subsection D(2) shall not apply. (4) The Director of Planning and Development, in concert with the local volunteer fire company, may require at least two (2) means of access for fire apparatus to all commercial and industrial structures. Those accessways shall meet the requirements of Subsection B(3). (5) Landscaping or other obstructions. shall not be placed around ' structures or hydrants in a manner so as to impair or impede accessibility for fire -fighting and rescue operations. E. Water supply. (1) Water supply systems shall be designed so as to be capable of supplying at least one thousand (1,000) gallons per minute at twenty (20) pounds per square inch. (2) In areas developed with single-family detached or duplex dwelling ' units, there shall be a fire hydrant within four hundred (400) feet of all units. In areas developed with three (3) to five (5) dwelling units per structure, there shall be a hydrant within three hundred (300) feet of all units. In areas developed with six (6) or more dwelling units per structure, there shall be at least two (2) hydrants within three hundred (300) feet of all units. In areas developed with industrial or commercial development(s), there shall be a hydrant within three hundred (300) feet of all portions ' of any structure. Where one (1) hydrant is dedicated to the operation of a standpipe system, there shall be at least one (1) other hydrant meeting the distance requirements set forth above. The hydrant dedicated to the operation of the standpipe system 9006 11 MEANS OF ACCESS i + ; S ' 1141-5 Height. As applied to a building, the vertical distance from the adjacent ground elevation to the average elevation of the roof of the highest story. Jurisdiction. Any governmental unit or political division or subdivision including but not limited to township, village, bor- ough, parish, city, county, state, commonwealth, province, freehold, district, or territory over which the governmental unit exercises power and authority. Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an orga- nization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains peri- odic inspection of production of labeled equipment or mate- rials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. Listed.* Equipment, materials, or services included in a list published by an organization that is acceptable to the author- ity having jurisdiction and concerned with evaluation of prod- ucts or services, that maintains periodic inspection of production of listed equipment or materials or periodic eval- uation of services, and whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose. Means of Access. The method.by which entry or approach is made by emergency apparatus to, for example, roadways, fire lanes, and parking lots. Municipal -Type Water Systems. A system having water pipes servicing hydrants and designed to furryish, over and above domestic consumption, a minimum of 250 gpm (950 L/inin) at 20 psi (137.9 kPa) residual pressure for a 2-hour duration. Planned Building Groups. Multiple structures constructed on it parcel of land, excluding farmland, under the ownership, control, or development by an individual, a corporation, a partnership, or a firm. Private Street. Any accessway normally intended for vehic- ular use not dedicated as a public street. Public Street. ,k thoroughfare that has been dedicated for vehicular use by the public. Roadway. Any public or private street, including bridges. Shall. indicates a mandaton- requirement. Should. indicates a recommendation or that which is advised but not required. Standpipe.* A pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a build- ing for (ire -fighting purposes. Story. That portion of a building between the upper sur- face of flue floor and the upper surface of the next floor or roof above. Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite man - net'. Chapter 3 Plans 3-1* Plans. As a minimum, the authority having jurisdiction shall require anyone proposing to develop a planned building group to submit preliminary, working, and as -built plans. 3-1.1* Preliminary Plans. All preliminary plans, when sub- mitted, shall contain a site plan showing proposed water sup- ply, roadway access, fire department access, and other items pertinent to the specific project. The authority having jurisdic- tion shall make recommendations to the submitter based on the preliminary plans to assist in developing the working plans, which shall then be submitted to the authority having jurisdiction for approval. 3-1.2 Working Plans. Working plans, drawn to scale and signed by a licensed architect or engineer, shall be accurate and shall illustrate the final design of items required by this standard. 3-1.3 As -Built Plans. Drawings showing items listed in 3-1.1, building floor plans, and fire protection systems, as built, shall be submitted to the fire department having jurisdiction upon completion of the project. Chapter 4 Means of Access 4-1* General. 4-1.1 Means of access for fire department apparatus shall con- sist of roadways, fire lanes, parking lot lanes, or a combination thereof, and shall be provided to all structures. 4-1.2 Access to the property of the planned building group shall be provided by a minimum of two distinctly separate routes of ingress and egress, each located as remotely from the other as possible. 4-2 Roadways. 4-2.1 Roadways shall be constructed of a hard, all-weather sur- face designed to support adequately the heaviest piece of fire apparatus likely to be operated on the roadway. 4-2.2 Every dead-end roadway more than 300 ft (92 m) in length shall be provided at the closed end with a turnaround having not less than a 120-ft (37-m) outside diameter of trav- eled way. 4-2.3* Roadways shall have a minimum clearance of 12 ft (3.7 tut) for each lane of travel, excluding shoulders and parking. Provisions shall be made for factors that could impinge on the minimum width, for example, drainage, snow removal, parking, and utilities. 4-2.4 Grades shall be not more than 10 percent. Exception: Steeper grades shall be permitted by the authority having jurisdiction where mitigation measures can be agreed upon jointly by the fire and road engineering departments. 4-2.5 Grades shall be not less than 0.5 percent in order to pre- vent pooling of water in a traveled way. 4-2.6* Landscaping or other obstructions placed around structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 1998 Edition 1141-6 FIRE PROTECTION IN PLANNED BUILDING GROUPS 4-2.7 Any secondary road intersecting with another road shall be sloped 1 to 3 percent down and away from the intersection for a distance of 100 ft (30 m) from the intersection. 4-2.8* At least 13 ft 6 in. (4.4 m) nominal vertical clearance shall be provided and maintained over the full width of all means of access. 4-2.9 Turns in roadways shall maintain the minimum road width. 4-2.10* Turns in publicly owned or privately owned major feed roadways shall be constructed with a minimum radius of 100 ft (30 m) to the centerline. 4-3 Parking Lots. 4-3.1 The minimum lengths of parking lot stalls as measured from the end of the stall and the minimum aisle widths shall be as shown in Table 4-3.1. Table 4-3.1 Parking Lot Stall Dimensions Minimum Stall Lengths Minimum Aisle Width (one-way traffic flow) Minimum Aisle Width (two-way traffic flow) 27.5 ft (8.2 m) for 45 degree parking 16 ft (4.9 m) 24 ft (7.4 m) 23.7 ft (6.6 m) for 60 degree parking 16 ft (4.9 m) 24 ft (7.4 m) 20.9 ft (6.2 m) for 75 degree parking 23 ft (7.0 m) 24 ft (7.4 m) 18.5 ft (5.6 m) for 90 degree parking 26 ft (8.0 m) 26 ft (8.0 m) 4-3.2 Parking lot lanes adjacent to any building shall provide a travel lane with 16 ft (4.9 m) clear width if traffic flow is one- way and 24 ft (7.4 m) clear width if traffic flow is two-way. 4-3.3 The minimum turning radius for parking lot lanes nec- essary for fire department apparatus access shall be deter- mined by the authority having jurisdiction. 4-4* Fire Lanes. 4-4.1 Fire lanes shall be provided as required by the fire department having jurisdiction and in keeping with the requirements of this section. 4-4.2 Fire lanes prodding one-way travel shall be a minimum of 16 ft (4.9 m) in width. Fire lanes with two-way travel shall be a minimum of 24 ft (7.4 m) in «•idth. 4-4.3 Turns in fire lanes shall be constructed with a minimum radius of 25 ft (7.6 m) at the inside curb line and a minimum radius of 50 ft (15.2 m) at the outside curb line. 4-4.4 Fire lanes connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 4-4.5 The designation, design, and maintenance of fire lanes on private propern shall be approved by the authorin• haying jurisdiction. 4-4.6 The clear opening provided through gates shall be 2 ft (0.61 m) wider than the traveled way. 4-4.7 All gates shall be located a minimum of 30 ft (9.2 m) from the public right-of-way and shall not open outward. 4-4.8 Fire department personnel shall have ready access to locking mechanisms on any gate restricting access to a fire lane. 44.9* Appropriate no parking signs shall be posted in accor- dance with the instructions of the fire department having jurisdiction, and a method of enforcing such provisions shall be provided. 4-4.10 At least 13 ft 6 in. (4.1 m) nominal vertical clearance shall be provided and maintained over the full width of a fire lane. Chapter 5 Location of Structures 5-1 Means of Access. 5-1.1 At least one approved means of access shall be provided to each structure or other nonstructural fire hazard within the planned building group. For structures or other nonstructural fire hazards exceeding two stories or 30 ft (9.2 m) in height above average adjacent ground level, not less than two approved separate means of access shall be provided. 5-1.2 Structures exceeding 1000 ft2 (102.5 m2) gross floor area shall be required to be within 50 ft (15.4 m) of an approved means of access. Exception No. 1: Structures shall be within 200 ft (60 m) of an ap- proved means of access where the structure is less than 30 ft (9.2 m) in height and protected by an automatic sprinkler system installed in ac- cordance with NFPA 13, Standard for the Installation of Sprinkler Systems; NFPA 13D, Standard for the Installation of Sprinkler Sys- tems in One- and Two -Family Dwellings and Manufactured Homes; or NTRA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. Exception No. 2: Where any combination of private fire protection sys- tems, including but not limited to fire -resistive roofs, fire separation walls, space separation, and automatic fire -extinguishing systems, is provided and approved by the authority having jurisdiction as an ac- ceptable alternative, waivers to the provisions of 5-1.2 shall be permit- ted. 5-1.3* Structures exceeding two stories or 30 ft (9.2 m) in height above average adjacent ground level shall have at least 25 percent of one side not more than 30 ft (9.2 m) from an approved means of access. At least 25 percent of one other side shall be not more than 50 ft (15.4 m) from an approved means of access. Both of these sides shall have a means of entry into the structure adjacent to the means of access. 5-2 Structure Separation. If two structures are part of the same planned building group and either of them exceeds two stories or 30 ft (9.2 in) in height above average adjacent ground level, they shall be separated from each other by at least 50 ft (15.4 m) and shall be at least 25 ft (7.6 m) from a propernline. All other structures shall be separated by at least 20 ft (6.1 m) from another structure and shall be at least 10 ft (3.0 m) from a propern• line. 1 1 1996 Edition , WATER SUPPLY 1141-7 n Chapter 6 Fire Protection 6-1 Automatic Fire Protection. 6-1.1 Automatic fire extinguishing systems shall be required as set forth in the applicable NFPA code or standard for the intended occupancy of the structures or as otherwise required by the authority having jurisdiction. All such systems shall be installed in accordance with the applicable NFPA standard or code for the type of fire extinguishing system installed. (See Appendix B.) 6-1.2 Any residential building containing more than two resi- dential living units shall have an automatic sprinkler system installed in accordance with NFPA 13, Standard for the Installa- tion of Sprinkler Systems, or NFPA MR, Standard for the Installa- tion of Sprinkler Systems in Residential Occupancies UP to and Including Four Stories in Height, whichever is appropriate. 6-1.3* If mounted on the building they serve, fire depart- ment connections for sprinkler systems shall be located not less than 100 ft (30.8 m) nor more than 200 ft (61.6 m) from a fire hydrant. If such connections are located at least 100 ft (30.8 m) from the building they serve, they shall be located not more than 50 ft (15.4 m) from a fire hydrant. The location of the fire department connection shall be determined by the authority having jurisdiction. 6-2 Manual Fire Protection. 6-2.1 * All structures four or more stories or over 50 ft (15.4 m) in height above adjacent ground elevation with intermediate stories or balconies shall be equipped with a standpipe system in accordance with the provisions of NFPA 14, Standard for the Installation of Standpipe and Hose Systems. If moulited on the side of the building they serve, fire department connections for standpipe systems shall be located not less than 100 ft (30.8 m) nor more than 200 ft (61.6 m) from a fire hydrant. If such con- nections are located at least 100 ft (30.8 m) from the building thev serve, thev shall be located not more than 50 ft (15.4 m) from a fire hydrant. The location of the fire department stand- pipe connection shall be determined by the authority having jurisdiction. Exception: This section shall not apple to industrial process structures where the life or property of others is not imperiled !n f:re or explosion. 6-2.2* Portable fire extinguishers shall be installed in accor- dance with NFPA 10, Standard for Portable Fire Extinguishers. In addition, in buildings containing more than two dwelling units, a portable fire extinguisher, accessible from an exit and haying a minimum rating of 2 :A:10-B:C, shall be provided in each dwelling unit. 6-3 Automatic Fire Warning Systems. 6-3.1 For residential structures containing fewer than six liv- ing units, an approved single -station smoke detector(s) or an approved automatic detection system shall be installed in each dwelling unit in accordance with the applicable provisions of NFPA 72, .National Fire Alarm Code. 6-3.2 For all other structures exceeding 1000 fO (102.5 m1) gross floor area, an approved fire warning or alarm system shall be installed in accordance with the applicable NFPA code or standard for the intended occupancy of the structure. Such systems shall retransmit an alarm. alarms or warning sys- tems shall be tested and maintained in accordance with the applicable NFPA code or standard or as required by the authority having jurisdiction. Chapter 7 Water Supply 7-1 General. 7-1.1 Water supply systems not publicly owned and installed shall meet the minimum requirements of NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurte- nances, where no recognized water supply distribution exists. 7-1.2 Private fire service mains and hydrants shall be installed to meet the requirements of NFPA 24, Standard for the Installa- tion of Private Fire Service Mains and Their Appurtenances. 7-1.3 Where other fire -fighting water supply systems are estab- lished by the authority having jurisdiction, they shall not be less than the requirements of NFPA 1231, Standard on Water Supplies for Suburban and Rural Fire Fighting. 7-1.4 Fire hydrants shall be marked in a uniform manner, as designated by the authority having jurisdiction. 7-1.5 Fire hydrants located in parking areas shall be protected by barriers that will prevent physical damage from vehicles without obstructing hydrant operation. 7-1.6 Fire hydrants shall be located within 3 ft (0.9 m) of the curb line of the means of access unless the authority having jurisdiction determines another location is more acceptable for fire department use. 7-1.7* Threads on fire hydrant outlets shall be .American National Fire Hose Connection Screw Threads and shall be equipped with thread adapters where local fire department thread is different.. . 7-1.8* Water sources shall be located such that the high- est required fire flow, but in no case less than 250 gpm (950 L/min), can be established and maintained within a time period approved by the authority having jurisdiction. 7-2 During Construction Phase. 7-2.1 When the infrastructure is being installed, and prior to the location and construction of buildings or portions thereof, the water supply for fire protection, either temporary or per- manent and acceptable to the authority having jurisdiction, shall be made available prior to delivery of combustible mate- rials. 7-2.2 When the infrastructure is being installed, and prior to the location and construction of buildings or portions thereof, fire hydrants shall be installed at a spacing not to exceed 660 ft (200 m) of vehicle travel distance. Where build- ings are proposed, the authority having jurisdiction shall require additional hydrants and closer spacing where build- ing size, use, construction, and lack of built-in fire protection mandate. 7-2.3 Prior to the construction of buildings or portions thereof, all site plans shall be reviewed. At this time the author- ity having jurisdiction shall review the fire flow required and designate spacing of hydrants according to the following schedule: (a) There shall be at least one hydrant within 300 ft (92 in) of any building at a location acceptable to the authority hav- ing jurisdiction. 1998 Edition 1141-8 FIRE PROTECTION IN PLANNED BUILDING GROUPS (b) No portion of the exterior walls of the building shall be more than 200 ft (61.6 m) from a hydrant, where vehicu- lar access is provided. (c) Additional hydrants shall be provided to meet the remaining fire flow, if necessary. (d) In areas of one- and two-family dwellings, hydrants shall be located a maximum of 660 ft (200 m) vehicle travel dis- tance apart. Exception: Where conditions are such that items (a) through (d) are impractical to achieve, the authority having jurisdiction shall consider reasonable substitutions meeting the intent of this section, provided ad- equate fire protection is maintained. 7-3 Areas with Municipal -Type Water Systems. 7-3.1 For a required fire flow exceeding 1500 gpm (5700 L/min), the water supply system shall be capable of deliver- ing that fire flow for at least 2 hours at 20 psi (137.9 kPa) . For all other required fire flows, the water supply system shall be capable of delivering the required fire flow for at least 1 hour at 20 psi (137.9 kPa) . 7-3.2 Fire hydrants shall be supplied by not less than a 6-in. (15-cm) diameter main installed on a looped system or by not less than an 8-in. (20-cm) diameter main if the system is not looped or the Fire hydrant is installed on a dead-end main exceeding 300 ft (92 m) in length. 7-3.3 Dead-end mains shall not exceed 600 ft (184 m) in length for main sizes under 10 in. (25 cm) in diameter. 7-4 Acceptance. The contractor or installer of water supply systems in planned building groups shall demonstrate by actual test that the capacity of the water supply system will meet fire protection design requirements. Such tests shall be certified by the Fire department and other authorities having jurisdiction. Chapter 8 Structural Requirements 8-1* Building Code. Construction of each structure shall comply with the building code requirements of the jurisdic- tion. 8-2 Planned Building Groups Adjacent to Wildland Fuels: 8-2.1 Vents. Vents shall be screened with a corrosion -resis- tant, noncombustible wire mesh not more than 1/4 in. (0.64 cm) nominal in size. 8-2.2 Overhanging Projections. Porches, decks, patios, balco- nies, and similar undersides of overhangs shall be constructed of heavy timber, as defined by local building codes, 1-hour fire -resistive material, or noncombustible construction. 8-2.3 Overhanging Buildings. The underside of overhanging buildings shall be constructed with iaterial of heavy timber, as defined by local building codes, 1-hour fire -resistive mate- rial, or noncombustible construction. 8-2.4 Exterior Vertical Walls. Exterior vertical wall coverings shall be constructed of at least 1/2-in. (1.3-cm) nominal sheathing or equivalent material. 8-3 Common Walls. Common walls between dwelling or commercial units shall be constructed to provide a fire resis- tance rating of' not less than 1 hour. 8-4 Vehicle Storage. Vehicle storage areas shall be separated from living areas by walls and ceilings constructed to provide a fire resistance rating of not less than 1 hour. 8-5 Roof Coverings. 8-5.1 * Only listed fire -retardant roof covering assemblies shall be used. 8-5.2 Roof coverings shall be a Class C listed or better fire - retardant roofing assembly. Chapter 9 Fire Protection During Construction 9-1* General Requirements 9-1.1 Protection shall not be less than that required by the fire department having jurisdiction. 9-1.2 Fire department vehicular access to all structures under construction shall be provided at all times. In areas where ground surfaces are soft or likely to become soft, hard all- weather surface access roads shall be provided. 9-1.3 Trash and debris shall be removed from the construc- tion site as often as necessary to maintain the site in a fire -safe manner. 9-1.4 Flammable or combustible liquids shall be stored, han- dled, or used on the construction site in accordance with the applicable provisions of NFPA 30, Flammable and Combustible Liquids Code; NFPA 58, Liquefied Petroleum Gases Code; and NFPA 395, Standard for the Storage of Flammable and Combustible Liquids at Farms and Isolated Sites. 9-1.5 At least one portable fire extinguisher having a rating of at least 4A:30-B:C shall be within a travel distance of 75 ft (23 m) or less to any point of a structure under construc- tion. Personnel normally on the construction site shall be instructed in the use of the fire extinguishers provided. Chapter 10 Referenced Publications 10-1 The following documents or portions thereof are refer- enced within this standard as mandatory requirements and shall be considered part of the requirements of this standard. The edition indicated for each referenced mandatory docu- ment is the current edition as of the date of the NFPA issuance of this standard. Some of these mandatory documents might also be referenced in this standard for specific informational purposes and, therefore, are also listed in Appendices B and C. 10-1.1 NFPA Publications. National Fire Protection Associa- tion, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269- 9101. NFPA 10, Standard for Portable Fire Extinguishers, 1998 edi- tion. NFPA 13, Standard for the Installation of Sprinkler Systems, 1996 edition. NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes, 1996 edition. NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 1996 edition. NFPA 14, Standard for the Installation of Standpipe and Hose Systems, 1996 edition. k 11 11 1998 Edition I Rezoning Comments Crossnointe Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr P E VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: Kernstown Area — East and adjacent to Tasker Road where VA Route 37 ends Current Zoning: RA Zoning Requested: RP & B2 Acreage: 626.37 Frederick — Winchester Health Department's Comments: i �^t 1�ta��� o2P#' �Gis Inc �Cwwc f5 GS �e%� q5 �iZ hC �C'_(O,o 'is -o Ssn-i4 t c,o 1"1�L ho tl� WGti, Lev/JZ+�.cV Signature & Date: 5S Notice to Health Department — Please Return This Form to the Applicant 17 October 23, 2003 II Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street, Suite 200 ' Winchester, Virginia 22601 COUNTY of FREDERICK Department of Public Works 540/ 665-5643 FAX: 540/678-0682 RE: Crosspointe Rezoning Frederick County, Virginia Dear Chuck: We have completed our review of the proposed Crosspointe rezoning and offer the P P p p g following comments: 1 Ref er er to Site Suitability: Add a wetlands category to the site characteristics table unless the flood plain reference is inclusive of this feature. 2) Refer to Traffic: The discussion of the traffic improvements refers to a full traffic analysis included in Appendix B of the application. However, Appendix B was omitted from our application package. Therefore, we are requesting a copy of the traffic analysis for our records. We applaud the proposed phasing of the project which includes future improvements to the Tasker Road/Route 37 (Crosspointe Boulevard) interchange and the extension and development of Warrior Road within the project limits. We also commend the planning foresight highlighted in the proffer statement paragraph 14.4. which defers the development of Phase III until the Warrior Road connection is completed to the south or links completed to U.S. Route 522. 3 Refer to Solid Waste Disposal Facilities: We concur with our p y conclusion that the project will have a measurable effect on county solid waste management resources and that the size of the Crosspointe development would prohibit waste collection at a central disposal site. We also applaud the applicant's willingness to proffer a 1 107 North Kent Street • Winchester, Virginia 22601-5000 Crosspointe Rezoning Comments Letter Page 2 October 23, 2003 curbside pick-up program utilizing a private refuse contract. However, the proffer statement indicates that this program will be accomplished through the creation of a Homeowners' Association. Please indicate how the applicant can guarantee that this curbside program will be implemented without the future involvement of Frederick County. I am available to answer any questions regarding the above comments. Sincerely, CI Harvey Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Development file C:\Corel\WordPerfect\Rhonda\crosspointerezcom.wpd Crosspointe Center Impact Analysis Statement Section VII Survey Plat and Deed I [I L� 11 DETAIL A_ ' .�, r f \� ri.M WYYlrlMae..`�ee^ ea«..M as MMh111 P fi .�}� � l 1 �. `` � wx f • DETAIL ! r //p�\e 1 YiMr w1� / a'r. 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ASP.I.EMS OTHER THAN S/IUYN MAY EXIST. vD01 wQl A5 '2D09'e 97 5 PAR�CE�1,..3�2p k a � "MADS0 NIOJn' iRS zO~ G7.5' N62'2909'N mialwommanwAle 2si IHE7IEBY C6RTFY IHAT TIE 9ClMOMVINFRYMTR7N 5t10wN NETiON 15 AREA T_ ABLATION 9r 9ED UPON AN ACT WL FIELD SURVEY NADE LfAER NY bWkiMSION PARCEL 92�0.9250ACRE9 ANO TNERE ARE NO GNCfgACINEtlB OR VISIBLE EA6ENEMSUNLE98 p; PARCEL DI-803.081E ACRES sow TOTAL AREA.3D1.9075 ACRES DOUGlA9 C.L ,CL6. YA CERTIFICATE NO. 1107 SCRIP ate REYISIO�'S R pL .e bm 9101 __ CL5) OB NORR 19 N • ej r eilbert w. curror @ R030CIAt.8s. Inc. ONDART EUR OY or Or tilt LAMD DP I'.700' sheel _ d ots �Nbe e a Ism OLA]ZB DEVELOPMENTS. INC. are RMa nT DCL __ DIiTRICI 1 anwub: JIIE hRMae.l-I.mO beule 3IfAB'N911 NAOISTORIAL 0� _. aommrCa Dr. INt u.. o....Al, wln nlw,eo..�Aw, PRRDERICC COUNTY. V1RO1N1A "V.1152R rl. I)0) 1 m m m m m m m m m m m m� rr m w� r� Lama IRF . VCHIYY,1m— InO .RONnOOEET L01-LVR7EtENrAAYAY V(Nl li11 NOISE r FwY'r MwNM m nrr OM Y M. w IwW rwwF 1•r YrOrIW4bwLlwl.eYM.n.fIWM- wrwrlwrYr•L I 1Mc'"•"_...-_. sRwErturs rFntnceTfr I rr..l wnr. arI w rw•..r .tlw..r.. w.w .«... wr rr wf W rtl.nn �b+mr M raM•1M W u f• tmr N A Lwrwrrp W dtl rnw w• ra Lwwra♦fwws Mfw wn wmr M wF.ralmLc.L/. v e«r<ur w. nn REVISIONS lrb number. 7101 Bliberl w. cliffur & Rll OCIR1Ol, inc. OOUNDAIT SURVIT AND COMM ITT PLAT OrI'll L—Dr scale 1•.JIO' -n- r61 DICRMDRR Ifof ------ - .. ..-.-_..----_----- br. r}� E "°^r`" C.O. CRAWPORD ESTATE k BLBANOA J. BURLESON xhlrl. ML rMnrrr L•ra Fprrh'• 111AWNW MAOIITIIIIAL DISTRICT /IIIDIII[[ COVNfT, VIIGINIA 1 Oj j' r. w.•ww, ..wr`>r~rt -nn TMCRMRIll A. llll 1 I Crosspointe Center Impact Analysis Statement FJ Section VIII Tax Ticket I 1 1 I �7 I I 1 1 n n. �_ %_ r- s r' I - T t A K d- U U 3 FREDERICK COUNTY .` C. WILLIAM ORNDOFF; JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 74..73 ACRES 75 A -Acres: Ticket #:001153600.01 @@ Date - 5/30/2003 Register:. LBX/CK Trans. #: 22379 Dept # RE200301 ACCT# - 24151 Previous . 89 Balance $ 2046.19 74.73 Principal Being Paid $ 20III Land: 560600 Imp: 0 Penalty $ _nn GLAIZE DEVELOPMENTS, INC Interest $ .00 Amount.Paid $ 2046.19 *Balance Due PO BOX 888 as of 5/30/2003$ .00 WINCHESTER, VA 22604 0888 Check 2046.19- # WACH- 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. r (DUPLICATE) T A X R E C.E:I P T - Y E A R FREDERICK COUNTY C. WILLIAM•ORNDOFF, JR P-0. BOX 225 WINCHESTER VA 22604-0225 2003'REAL ESTATE TAXES 13.25 ACRES 75 A Acres: Land: 33100 Imp: 0 Penalty $ GLAIZE DEVELOPMENTS, Interest INC Amount `Paid $ *Balance Due PO BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 120.82 # WACH Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• 2 0 0 3 Ticket #:0011537001)1 Wt Date - 5/30/2003 Register: LBX/CK Trans. #: 22379 Dept # .RE200301 ACCT# - 32D12 Previous 89A Balance -$ 13.25. Principal Bein P 'd $ T A X R E C E-I P. T - Y E A R '2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P-0. BOX 225 WINCHESTER VA 22604-0225 200'3. REAL ESTATE TAXES 135.16.ACRES 75 A Acres: 120•.82 120.82 -00 .00 120.82 .00 11673 (DUPLICATE) Ticket #:00115380001 @@ Date - 5/30/20113 Register:.. LBX/CK Trans. #: 22379 Dept # RE200301 ACCT# - 24152 Pr.evious 90 Balance $ 135.16 Principal Being Paid d. .Land: 65898 Imp: 193500 Penalty $ Interest $ GLAIZE DEVELOPMENTS, INC Amount Paid $ . *Balance Due i PO- BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 946.81 # WACH 946.81- 946.81 .00 •0❑ 946.81 .0❑ 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) I H R .R L C. t t H l - Y E A R 2.0 0 3 Ticket #:00115390d:01 WB FREDERICK COUNTY C. WILLIAM ORNDOFF, JR Date Register: 5/30/.2003 LBX/CK P-O- BOX 225 Tr.6n,s. #: 22379. WINCHESTER VA 22604-0225 Dept # ACCT# RE200301 24154, ` 2003 REAL ESTATE TAXES. Previous 3.95 ACRES 75. ' A 91 Balance $ 144.18 Acres : 3.95 Principal Being Paid $ 144.18 Lands 39500 Imp: 0 Penalty $ .00 Interest $ .00 GLAIZE DEVELOPMENTS, INC Amount Paid $ 144.18 *Balance Due PO BOX 8.88 as of 5/30/2003$ .00 WINCHESTER, VA 22604 0888 Check 144.18 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) -- TA X '.' -R;'E C ' E I P T - Y E A R 2 0 0 3 Ticket #:0011517.0001 @@ FREDERICK COUNTY Date _ : '5/30/2003 C. WILLIAM ORNDOFF, JR - Register- -LBX/CK P.O. BOX 225 Trans. #: 22379 - WINCHESTER VA 22604 0225 Dept # ACCT# ' RE200301 24155 2003 REAL ESTATE TAXES. Previous •92 ACRE 75 A 92 Balance $ 33.58 Atr_es.: .92 Principal Being Paid $_ 33.58 Land: 9200" Imp: 0 Penalty $ .00 Interest.$ .00 GLAIZE DEVELOPMENT CORP Amount Paid $ 33.58 rBalance Due PO-BOX.888 as of 5/30/2003$ -.00 WINCHESTER, VA 22604 0888 Check 33.56 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) T, A X R E C' E I P T - Y E A R 2 0 0 3 Ticket # :0011534D001 .,filfil FREDERICK COUNTY Date : 5/30/2g03 C. WILLIAM ORNDOFF, JR Register: "LBX/CK P.O. BOX 225 Trans. #: 22379: Dept # RE200301. WINCHESTER VA 22604-0225 ACCT# 24157 2003 REAL ESTATE TAXES Previous 318.00 ACRES 75 A 94 Balance $ 3118.93 Acres: 318.00 Principal Being`Paid $ 3.118.93 Land: 854500 Imp: 0 Penalty $ -OD Interest $ .00 GLAIZE DEVELOPMENT, INC Amount Paid $ 3118.93 *Balance Due PO BOX 888 as of 5/30/2003$ •00' WINCHESTER, VA 22604 0888 Check 3118.93 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) i a x n L L ,L 1 P T - Y E A R FREDERICK'COUNTY C. WILLIAM ORNDOFF, dR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 3-00 ACRES 75 A Acres: 2 0 0 3 Ticket #:00115400001 =W51 Date 5/30/20,03 Register:- LBX/CK Trans. #. 22379 Dept # RE200501' ACCT# - 24158 Previous 95 Balance 87.60 3.00 Principal Being Paid $ 8-.)'.60. Land: 24000: Imp: 0 Penalty -$ .00 ;. 6LAIZE-DEVELOPMENTS; Interest * 00 INC Amount Paid $ 87.60 *Balance Due PO BOX.888 as of 5/30/2003,$ .00 WINCHESTER, VA 22604 0888 Check- 87.60 # WA.(H 11673 Pd by _ ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X :'R .E C, E: I P T - Y E A R 2--. 0❑ 3 Ticket #:00115410001 a9@ FREDERICK COUNTY Date : 5/30/2003 C- WILLIAM ORNDOFF, dR Register: LBX/CK . P-0• BOX 225 Trans. #: 22379 Dept # RE200301CHESTER WINVA 22604-0225 ACCT# 24159 2003 REAL ESTATE TAXES Previous 104.- 00-- ACRES 75 -A :. -96 Balance $ 94 •90 Acres: 104.00 Principal Being Paid $ 94.90 Land.-:26000 Imp: 0 Penalty $ .00 Interest $ .00 6LAIZE DEVELOPMENTS, INC Amount Paid:$ 94.90 *Balance Due PO BOX 888 as of- 5/30/2003$ .00 WINCHESTER, VA 22604 088'8 Check 94.90 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) r Crosspointe Center Ij I t 1 1 1 I Appendix Impact Analysis Statement 1 A Phased Traffic Impact Analysis of Crosspointe Center Located in: Frederick County, Virginia Prepared for: Glaize Developments, Inc. 112 E. Piccadilly Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc . Engineers. Surveyors. Planners. Landscape Architects. p 208 Church Street S.E. Leesburg, Virginia 20175 H_,A T 703.777.3616 F 703.777.372.3725 September 10, 2003 J I OVERVIEW Report Summary This study considers the traffic impacts associated with the build -out of the Crosspointe Center to be located along Tasker Road, east of the Route 37/Tasker Road intersection, in Frederick County, Virginia. The proposed project is to include 1,590 units of residential, 750,000 square feet of retail and 190,000 square feet of office. Future site - access is to be provided along Tasker Road (to be realigned), Route 37 (to be extended) and Warrior Drive (to be constructed), respectively. The proposed development will be built -out in three (3) phases by the year 2012. Methodology The traffic impacts accompanying the Crosspointe_ Center development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip.generation for Crosspointe Center, • Distribution and assignment of Crosspointe Center generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. t EXISTING CONDITIONS Patton Harris Rust & Associates, pc (PHR+A) conducted AM and PM peak hour manual turning movement counts at the intersections of Route 37/I-81 southbound ramps, Route 37/1-81 northbound ramps, Route 37/Tasker Road as well as at the northern Route 11 southbound on -ramp and the southern Route 11 southbound off -ramp. Additionally, 24-hour automatic "tube" counts were. conducted along the I-81 northbound and southbound ramps. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9%. Figure 1 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 -levels of service worksheets are included in the Appendix section of this report. R+A A Phased Traffic Impact Analysis of Crosspointe Center PH September 10, 2003 Page 1 Figure 1 PHTZ1� AM Peak ;, Hour) Average Daily Trips Existing Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 2 I 1 1 I � Denotes Free -Flow Lane A AM Peak Hour (PM Peak Hour) Figure 2 Existing Lane Geometry and Levels of Service A A Phased Traffic Impact Analysis of Crosspointe Center P-R+ \111 September 10, 2003 H Page 3 7 2006 BACKGROUND CONDITIONS I Existingtraffic volumes were increased along stud area roadways using an historic g Y Y g growth rate of 5% per year (compounded annually) through Year 2006. Figure 3 shows the 2006 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2006 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PHASE 1 TRAFFIC ANALYSES The following describes the infrastructure improvements necessary to accommodate the proposed project: • The westbound left -turn lane is to be removed at the intersection of Route 37/I-81 southbound ramps. All vehicles traveling westbound along Route 37 are to be rerouted to the eastbound I-81 southbound ramp via the Route 37/Route 11 interchange; • In order to facilitate u-turns, a southbound lane is to be constructed at the Route 37/Route 11 interchange between the northernand southern Route 11 ramps; 9 The intersection of Route 37/1-81 northbound ramps is to be realigned to the east at the approximate location of the existing Tasker Road; • Hillandale Lane and Tasker Road are to be realigned through the proposed site; • Crosspointe .Boulevard is to be constructed as a four -lane facility between the 1-81 northbound ramps and the realigned Tasker Road. TRIP GENERATION The total trips produced by and attracted to the Crosspointe Center site were established using the 6' Edition of ITE's Trip Generation' Report. These trips were reduced to account for internal trip interaction (20%) and retail pass -by trips (15%). Table 1 summarizes the trip generation results, along with intemal/pass-by trip reductions, for the proposed Crosspointe Center development. A 'detailed description of internal trip interaction is provided in the Appendix section of this report. A Phased Traffic Impact Analysis of Crosspointe Center R+A September 10, 2003 H Page 4 1 1 s -I-- Figure 3 :o:o Average Daily Trips 2006 Background Traffic Conditions A Phased Traffic Impact Analysis of Crosspointe Center September 10, 2003 Page 5 Crosspointe Center H. Historic Sites and Structures Impact Analysis Statement As previously mentioned, the County's Eastern Transportation Plan features an extension of the proposed Crosspointe Boulevard through the proposed Crosspointe development. Because of that nomination, the County engaged Michael Baker, Jr. to prepare a Final Environmental Impact Statement and Section 4(f) Evaluation for Route 37 ("FEIS"). By necessity, it included a large portion of the property within the proposed Crosspointe development. However, prior to the Baker study, in 1993, Gray & Pape, Inc. identified several archaeological resources based on work done earlier by James Madison University, which Baker incorporated into the FEIS. Accordingly, the area has already benefited from an extensive study to determine the extent of historic resources. Baker's study, completed in April of 2001, initially identified several features of note that were, with one exception even at that stage, deemed worthy of Phase II investigation.' The first of these features was an architectural resource identified by Maral Kalbian and known as Hilandale House, a stone farmhouse built in three stages beginning in the late 1700s. In 1864, this house and the surrounding property were occupied as part of Camp Russell. This feature of the Property has been given the standard identification number 34-126, and is depicted on the map of Route 37 Archaeological and Architectural Resources attached hereto for ease of reference. It has been deemed eligible for listing on the National Register of Historic Place ("NIW"). As previously stated, the Applicant intends to proffer the retention and preservation ' A Phase II evaluation is essentially a determination of whether a feature preliminarily identified is eligible for listing on the National Register of Historic Places. If such a determination is in the affirmative, then a Phase III data collection and recovery process may be undertaken. This process is detailed in standards promulgated by the Department of the Interior. See Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, 48 Fed. Reg. 44716, et se .(1983). Crosspointe Center Impact Analysis Statement of the Hilandale House, as well as create a preservation park, consisting of five acres, surrounding the house. Several other features were identified in association with "Camp Russell," an encampment constructed in the winter of 1864 as a part of General Sheridan's Valley Campaign. Among these is a large circular earthwork constructed during 1964 as part of the larger Union occupation of Frederick County, feature 34-321 (also identified as feature 44FK63), which is one of the few remaining Civil War fortifications associated with an area known as Camp Russell. That earthwork was determined eligible for listing on the NERP as part of the Camp Russell Historic District. Following the previous studies detailed above, study determined the following results: 1. Initially Feature 44FK62 was identified as a site of possible ruins of a late 18th or early 19"' century "domestic occupation" (generally a house or a structure associated with a house). However, a Phase II investigation failed to locate any indication of the site and, therefore, it was not deemed eligible for the NHRP. 2. Similarly, Feature 44FK72 was a supposed fortified picket associated with Camp Russell, but detailed investigation demonstrated that it was not, and it too was not determined eligible for the NHRP. 3. Although Features 44FK81 and 44FK82 were identified as possible encampment areas, detailed investigation determined that neither was eligible for listing on the NHRP. 4. Feature 44FK539 was also identified as an area in which there was an encampment associated with Camp Russell and in which there were found stone hearths and trenches, remnants of huts or tents typical of a military encampment. Is Ile Crosspointe Center Impact Analysis Statement Although detailed investigation has concluded that only the Hilandale House and those features identified as numbers 34-321 and 44FK63 are eligible for listing on the National Register, Gray and Pape recommended creation of a "Camp Russell Historic District." Therefore, the Applicant has proffered the creation of two additional preservation parks, one 10- acre park at the Camp Russell encampment site, and a two -acre park at the Carysbrook Redoubt area. Each of the parks will be connected by an internal pedestrian/bike trail system throughout the development. In conducting its § 4(f) evaluation,' the Federal Highway Administration concluded that because Congress created the unique Shenandoah Valley Battlefields National Historic District encompassing eight Virginia counties (including Frederick and its three Battlefield sites crucial to the creation of the District: Second Kernstown, Second Winchester and Third Winchester)', it is impossible to avoid construction that traverses the District. Therefore, it pledged to work closely with the State Historic Preservation Officer (the "SHPO") to insure that planning for any road construction is done "to minimize any harm to the battlefields in the project area." Moreover, because of the extensive planning already undertaken by Frederick County, it was recognized that any other route for a proposed major roadway would more adversely impact valuable cultural resources. Significantly, the FEIS has already identified and evaluated "Avoidance Alternatives" to the use of land within the Camp Russell Historic District. Also, the Virginia Department of ' This is reference to § 4(f) of the National Historic Preservation Act, which requires that federal agencies "take into account" the impact of federal undertakings on cultural resources. 3 The District is subject to management by the Shenandoah Valley Battlefields Foundation. There are actually six battlefield sites in Winchester and Frederick County. 0 L' Crosspointe Center Impact Analysis Statement Historic Resources and the Department of the Interior have independently concluded that there are no prudent and feasible alternatives to the construction of a roadway through the Camp Russell area. Based on these conclusions, the Federal Highway Administration and the SHPO entered into a, Memorandum of Agreement in 1999 (required under the National Historic Preservation Act), which was duly submitted to the Advisory Council on Historic Preservation (which coordinates federal review of projects that affect resources deemed eligible for listing on the National Register). That MOA recognizes that Hilandale House and the related Hilandale Earthworks, and feature 44FK539 where an encampment may have been located, are "contributing elements" to the Camp Russell Historic District. It is also recognized that the direct impact on the District will be occasioned by the development of the road that was the cause of the FEIS, and the FHWA agreed to develop landscaping plans, in consultation with VDOT, to reduce the visual impact of any construction on the Hilandale House, between the House and the roadway. The Virginia SHPO will be afforded an opportunity to comment on final landscaping plans. (See Appendix B, p. 2.) Moreover, with respect to the Hilandale Earthworks and the archaeological site of Camp Russell, the FHWA agreed to cooperate with VDOT in the development and implementation of a treatment plan to mitigate the effects of any road construction on those features, in consultation with the SHPO. Such a treatment plan will specify, among other things, the property or portions where data recovery is to be carried out, the research questions to be addressed, the methods to be used, the proposed disposition of recovered materials and records, methods by which the County and interested groups will be kept informed, and a proposed schedule for the submission of progress reports. Crosspointe Center Impact Analysis Statement Each of the foregoing assumes, of course, that the impact on the Camp Russell Historic District and its contributing features will be caused by the construction of a roadway along the selected alternative. The study did not contemplate the potential disturbance of these resources by other land uses. In consequence, the Applicant would provide assurance of compliance with the requirements for mitigation of impact on those resources. This rezoning application has been expressly structured to accommodate the considerations already identified. First, the Applicant will not disturb any portion of Hilandale House itself. Second, the Applicant will create three preservation parks, one at Hilandale House, another at the Camp Russell encampment area, and a third at the Carysbrook Redoubt area. Third, to the extent that the Applicant will construct any roadway in the alignment contemplated by and studied in the FEIS, it has proffered that it will coordinate that construction with the Federal Highway Administration, the SHPO, VDOT, and officials of Frederick County. The Applicant will also assure implementation of the MOA to the extent that any disturbance of those identified resources is required during the course of development. A portion of the site was not evaluated during the course of preparation of the FEIS, and the Applicant would conduct a Phase I investigation of those areas prior to any development thereof, and would undertake such preservation activities as that study might demonstrate to be m COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Richard Shickle, Jr., Chairman, Frederick County Board of Supervisors Chuck DeHaven, Jr., Stonewall District Supervisor John R. Riley, Jr., County Administrator CC: Roderick Williams, County Attorney John Bishop, Deputy Director - Transportation FROM: Eric R. Lawrence, AICP, Planning Directorv�� SUBJECT: Glaize Developments, Inc. and Interstate 81/Route 37 Improvements Crosspointe Center Proffers DATE: July 19, 2011 Efforts are underway to implement extensive improvements to Interstate 81 Exit 310, the interstate exit which provides access to Route 37 and Glaize Development's planned Crosspointe Center. Glaize Developments and the Virginia Department of Transportation (VDOT) have held numerous discussions in an effort to coordinate some of the key transportation improvements of the interstate and future Route 37 East, as well as those proffered improvements associated with the approved Crosspointe Center proffer package. Most recently, JP Carr, on behalf of Glaize Developments, has drafted a Letter of Intent dated June 1, 2011 which addresses the coordinated effort and associated responsibilities. It has been requested that staff offer a brief analysis of this draft Letter of Intent and identify any areas that warrant further clarification. This memorandum shall serve as the analysis of the draft Letter of Intent. It is also requested that a meeting be scheduled at which the County and representatives of Glaize Developments may discuss the draft proposal, and work towards an appropriate resolution. Please advise of your availability and time preferences for such a meeting to occur during the first 2 weeks in August (August 1 through 12). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Thank you. Attachments: Analysis of the Letter of Intent, dated July 19, 2011 Approved Crosspointe Center Proffers Draft proposal from Glaize Developments, dated June 1, 2011 ERL/bad Staff Analysis of draft Letter of Intent from Glaize Developments, dated June 1, 2011 Glaize Developments, Inc. and Interstate 81/Route 37 Improvements July 19, 2011 (This analysis has been conducted as a review of the Crosspointe Center proffer package and the Glaize Development, Inc. Letter of Intent, and without the benefit of VDOT input.) Format: draft Letter of Intent Staff Comment 1. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, VDOT would assume, at its sole expense, the responsibility for the design and construction of Glaize's proffered obligations to construct those road improvements that are required in connection with Crosspointe's Phase I. VDOT would, therefore, construct the following: a. The Interstate 81/Route 37 interchange. b. The relocation of Tasker Road. c. The relocation of Hilandale Road. d. The relocation of the existing 20-inch water main, together with all necessary State and local permits, and all improvements that may be required by those permits in connection with the relocation of this water main. e. Temporary access to relocated Tasker Road via the construction of the western half of a diamond interchange at the intersection of Route 37 and relocated Tasker Road. This improvement will be temporary in nature (it will remain until Route 37 is extended to a permanent grade separated connection to Warrior Road, Warrior Road is constructed to its intersection with Tasker Road, and Tasker Road is constructed to the VDOT Phase 1 construction limits referenced previously), and all right-of-way not needed for any permanent improvements will revert to Glaize Developments at an appropriate time. f. Improvements to U.S. Route 11 to the west of 1-81. RESPONSE: Staff agrees that VDOT would need to complete these items in order to do the project in question. It is important to note that this represents a significant undertaking of proffered improvements by VDOT. Staff has requested specific dollar values but has not yet received a response from VDOT. Early indications are that these improvements have a value in excess of 10-15 million dollars. This impacts proffers 14.2.1-14.2.5, but would not require proffer revision due to the improvements still being implemented so long as they are implemented before the triggers noted in the proffer package. 2. The VDOT Phase I Improvements will accommodate the future upgrade of the 1-81 Interchange to the ultimate interchange design as contemplated by the plan for the VDOT Phase III improvements as depicted in the Report. 3. In return for the VDOT Phase I Improvements, the parties agree that all segments of the Route 37 roadway will be designed and constructed in accordance with VDOT GS-1 standards. Glaize's obligations with respect to the phasing of its road construction will be governed by the Crosspointe proffers, or as provided in an agreement between and among the parties consistent with this letter, and except as set forth in paragraphs 5 and 6 below. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, VDOT may revert to that standard and Glaize will mirror VDOT's construction standard. Such reversion in road design would thereafter be the standard for any extension of Route 37 within the property. RESPONSE: In this bullet the applicant agrees to construct Route 37 at a GS-1 standard. The GS-1 standard is the standard for a Rural Principle Arterial System. However, staff believes that additional detail is needed on this bullet regarding the matching of this construction to the Route 37 standard as designed. Most important would be the horizontal and vertical positioning of the roadway to match the Route 37 section. If this were not to be dealt with properly, building to the GS-1 standard would accomplish little since replacement would still be needed in future. How this impacts the proffered entrances on Crosspointe Boulevard (Rt. 37) should also be addressed. All of that said, if these items are clarified, this particular bullet does offer an upgrade in value over how this particular roadway construction was previously proffered. This impacts proffers 14.3.3 and 14.4.2, but since it could be an upgrade (given the needed clarification) would not require a proffer modification, though it could be helpful. 4. In addition, the Crosspointe Master Development Plan will be revised to show the future construction of Route 37 to include two, three -lane bridges across Tasker Road, and two, two-lane bridges at a grade -separated interchange where Route 37 intersects with Warrior Road. Glaize will dedicate right-of-way as required by VDOT for this construction. Such dedication will occur prior to the time of construction, based on the final design and a corresponding survey. RESPONSE: This bullet addresses bridges over Tasker Road and Warrior Drive and states that the master plan will be revised to allow for these bridges. The bullet goes on to say that right-of-way will be dedicated for these bridges. Staff believes that these bridges should be constructed by the applicant (particularly the Tasker Road bridges) at the time that the roadway construction on the eastern side of these bridges takes place. This bullet does not currently say that they will be constructed by the applicant, but only that right-of-way will be given. The right-of-way is already proffered as part of the construction proffers 14.4.2, 14.3.2 and 14.4.1, but clarification of the right-of-way dedication as a proffer would be beneficial. Bridge construction is not proffered. 5. The construction of Route 37 east of Warrior Drive toward Route 522, including the design and construction of the eastern half of a diamond interchange and any bridges at the Warrior Drive interchange, would be the responsibility of others. The County would concur that Glaize would be permitted to file and receive building permits in Crosspointe Phase III without regard to the requirements of Proffer 14.4.3 RESPONSE: This is a previously proffered condition that the applicant is now suggesting they not be responsible to complete. Staff is not supportive of this because we believe it will be difficult enough to make sure that future rezoning construct Route 37 to the east on their own property without asking them to come onto Crosspointe and complete this section. This represents a loss of approximately 12-1400 feet of construction of a four - lane cross section, which has a value of at least $2-3 million and quite possibly more. Since this eliminates proffer 14.4.3, a proffer revision would be needed. 6. Proffered requirement 14.4.1 would be so construed by the County as to require Glaize to design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary (points "M" to "N" on the GDP) only when Warrior Drive is constructed to the Crosspointe property boundary from the south, and that Glaize will be allowed to obtain permits for Crosspointe Phase III prior to that time. The provisions of section 14.4.4 of the proffers will remain applicable. RESPONSE: Staff is agreeable that this roadway completion could be delayed, but additional parameters and potentially deadlines or bonding need to be placed upon it to guarantee the future construction even in the event that this development is sold to a third party. The concern would be that the development could proceed to a point where the completion of the section didn't offer any real economic benefit to them in terms of remaining property to be developed and the County would be without the ability to enforce this proffer, similar to what happened on Channing Drive. This impacts proffer 14.4.1 and its triggers/requirements so it would likely require a proffer revision. 7. Glaize would dedicate all of the right-of-way on its property needed for VDOT Phase I and III Interchange 310 Improvements at no cost to VDOT, as well as the right-of-way for Hilandale and Tasker Road and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. This will include any additional water, slope, drainage, or temporary construction easements that may be required. Such dedication will be conditioned only upon approval of an agreement in substantially the form of this 1.01 between and among VDOT and the County, and the receipt of Final Master Development Plan approval from the County for the Crosspointe Project. Actual conveyance of these interests will be based on final design plans for each road segment to be constructed. Dedication of the agreed right- of-way shall be made within 30 days of the satisfaction of these requirements, and written request therefore from VDOT. VDOT would prepare the necessary plats and deeds for this purpose, subject to Glaize's review and comment. RESPONSE: No concerns, but staff would note that this is already proffered. 8. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT would obtain all funding, approvals, and permits required for those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake in conformance with this I.OI) from the appropriate local, state, and federal authorities. RESPONSE: No concerns. 9. VDOT would be responsible for the preparation and approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the Crosspointe property, prior to the commencement of its improvements and the other work contemplated herein. RESPONSE: No concerns, but would note that mitigation may need to be in partnership with the applicant. 10. Upon execution of a final agreement by all parties, Frederick County shall expeditiously review and grant final approval to the Crosspointe Master Development Plan when consistent with County requirements. RESPONSE: No concerns. 11. VDOT and Glaize will develop an Access Management Waiver policy to allow access from Tasker Road and Warrior Drive to the development near the respective Route 37 interchanges, be it a temporary or permanent interchange. RESPONSE: The access management waiver process is separate from this and should not be part of this agreement. Access management waivers are considered individually and on their own merits. This bullet should be removed. Staff has no concerns with the remaining language. Summary In general, the agreement outlines which Crosspointe Center responsibilities VDOT will have to undertake in order to complete the 1-81 Exit 310 improvements. It goes on to outline what each body would be willing and responsible to do. While Crosspointe is obviously benefitting greatly from the VDOT improvements, the language regarding what they will do in return is in need of clarification and some improvements as noted in the above details. Of particular concern is the need to address the construction of Route 37 beyond just noting the GS-1 standard. It is also of staffs opinion that the applicant provide for construction of the bridges over Tasker Road and Warrior Drive and not just right-of-way. If that was already the intent, then the language will need modification. Staff is also concerned by the applicant's proposal to dispense with one of their proffered responsibilities (proffer 14.4.3), specifically Route 37 from Warrior Drive to their eastern property line. Also, staff believes that the road right-of-way dedication should be clarified. As presently written in the proffer, with the exception of the specific references to dedication in Proffer 14.5, the Proffers do not expressly address dedication, but instead the matter is presumably implied by the Proffers calling for the developer's design and construction of certain roads. If, however, VDOT is going to take over design and construction responsibilities, we may want something other than the side agreement reflecting the dedication obligations. ERL/bad PROPOSED PROFFER STATEMENT REZONING: RI. 9 RA-1 to RP and 13-2 PROPFIRTY: 574.37 acres Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 (the "Property") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. AI'PUCANT: Glaize Developments, Inc. I'RO.Ii:C"F NAME: Crosspointe Center ORIGINAL DATE OF PROFFERS: August 27, 2003 REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall he deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day followilg the last day upon \vhich the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development. plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. 11' this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board .for reconsideration by a court of competent jurisdiction, tldcn these proffers shall be deemed withdraw) Lidless the Applicant shall affirnlativc.ly readopt all or any portion hereof in a writing specifically for that purpose. The headinos of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirCnlCilt, UnICSS otherwise specified herein. The term "Applicant- as referenced herein shall include \\�ithin its mcaninL' all future owners and successors in interest. When used in these proffers, the "Generalized Development. Plan" shall refer to the plan entitled "Generalized Development T'lnn, Crosspointe Center" dated August 12, 2003, as rcvisccl October 20. 2003 (ilrc "GDP"). Noe 1 of 12 C:'rr,swlc ointe 0,71fer and shall include the following: 1. the "Overall GDP," dated .August 12, 2003, as revised October 20, 2003, 2. the "GDP, Please I," dated August 12, 2003. as revised October 20, 2003: 3. the "GDP, Phase ]I," dated August 12, 2003, as revised October 20, 2003-, 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003. and the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General ("132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. C:omillercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a Iraximum of 1,578 dwe111I1g LU11t5, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. 1.5. Except to the extent otherwise prohibited by the Virginia Fair Hous1110 Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted" housing shall be restricted to "housing for older persons^" as defined in Va. Code Ann. § 36-96.7. or a surviving spouse not so qualifying. No persons under l9 years of' age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of It restrictive covenant with respect to the residential portion of the Property, aid any 1-lomeowners' Association created vJth respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Pawe 2 of 12 C rossOornle C'elifer I'rc�{f �r ,Cluic�mc�n! CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMIT'S AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances. regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall tic developed in three phases. The minimum commercial floor- space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential Fiscal impact without consideration of cash proffer contributions. The three phases sliall be authorized as follows: 2.2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leascable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall he single-family small lot dwelling units for age restricted users. 2.2.2 Phase II development shall not commence until the minimum commercial/retail gross leascable floor space required in Phase I is constructed. Thereafter, residential development in Phase I1 shall not exceed .513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase IiI development shall not commence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase Ill shall not exceed 449 dwelling units. ARCHITECTURE. SIGNAGE. AND LANDSCAPING: 3.1 _ Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CTAU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not. be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall he constructed using compatible architectural styles and materials. and signage for such buildings shall be of a similar style and materials in order to maintain a in development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of the Master Plan submission for approval by Frederick County. Pa-c 3 of 12 Crossj)oinfe Confer Prnffirr ,Slat 11707f 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asplialt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100.000.00, upon issuance of the first building permit for each of the three phases as described herein. SCHOOLS: 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each quell unit NN+ith the exception of age -restricted units. PARKS & OPEN SPACE: 7.1. Tine Applicant shall contribute to the Board the sum of' $500.00 per dwelling unit for recreational purposes, payable upon the issuance cf a building permit for each such unit. LIBRARIES: 9.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes. payable upon the issuance of a building pci-mit for each such unit. 9. STIF:RIFF'S OFFICE: Paoe 4 of 12 C'ros.V)oinfe C'enler /'rn%Jc,,S'rnrrmcv,r 9.1. The Applicant shall contribute to the Board the sum of $5-000.00 for the Sheriff's Office upon issuance of the first building permit for the development. 10. ADMINISTRATION BUILDCNG: 10.1. The Applicant shall contribute to the Board the sum of' $5,000.00 to be used for construction of a general governmental administration buildin�.1 upon issuance of the first building pemiit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 1 1.1. 1'he residential portion of the development shall be made subject to one oi- more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella 110A with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. in addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (i)) common buffer areas located outside of residential Iots-, (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted Nvithin residential or other lots, or otherwise granted to the IIOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinaflcr "POA") that shall be responsible for the ownership, maintenance and repair- of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility fi)r Page 5 of 12 ('?-0SRj.)0i171e C'e771er Pru[r:r Stuleme/71 assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (1) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetl�ial maintenance of any street, perimeter. or road buffer areas, all of which buffer areas shall be located within casements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1 . The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance xvith the requirements of the Frederick County Sanitation Authority. 13. ENVIRONMENT: 13.1. Stormwater management and Bcst Management Practices (BMP) for the Property shall he provided in accordance with the Virginia Storinwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 132. Stream preservation buffers shall be constructed in ocneral conformance Nvilh the Parks, Trails & Buffer .Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect [lie Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitmv sewer, or other utilities. 14. TRANSPORTATION: 14.I _ Transportation improvements shall be associated \vIth and initiated NvIlh each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, design of the roadway system shall be consistent with the study entitled "A Niascd 'Traffic impact Analysis of C'rosspoinie Center." prepared by Patton Harris Rust & Associates. dated September 10, 2003 (the "TIA'). Pa-e 6 cif 12 ('rOssj)ninle Center 1'rnJ/cr .S'Icrlcmcnl 14.2. The following traffic improvements shall be designed and constructed during Phase I. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of "Transportation ("VDOT" specifications, and subject to review and approval by the Frederick County and VDOT. ("F" to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road Nvith the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "Il" to "J" on the GDP). 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of I-Tilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. (' t" to "I-1" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 1 1 between the interchange ramp intersections with Route 37 as generally depicted oil the GD11. Such design shall be in accordance NvIth VDOT specifications and subject to review and approval by Frederick County and VDOT. ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure. approval of a ramp modification plan for the I-81 NBL off ramp and the 1-81 NBL on ramp in order to meet. LOS "C" conditions in accordance. with the TIA. VDO"1, and FH% A approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and ") " as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "Nl'. and "K". 14.2.7 Full loft and right turn commercial entranccs to Taskcr Road shall Pa- e7ofl2 Crosg)oiirle Cenler PI-g1fer fimlcnur171 be limited to four with two allowed between "F- and "G" and one each allowed at "H" and ".1". 14.3. Road entrances to Crosspointe Boulevard shall be limited to t"vo entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick Count), and VDOT. The following traffic. improvements shall be designed and constructed during Phase 11 and shall be completed prior to issuance of the first occupancy permit in Phase I1. unless noted otherwise herein. The exact location and design 01' such improvements sliall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof- 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive, ("Y' to "K" on the GDP). 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. (" L" to "K" to "AEI" on the GDP). 14-3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to 'Warrior Drive. (``CG'' to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase I11, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof- 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. (" j\,V to "N" on the GDP). 14.4.2 The Applicant shall design and construct 1«o additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ("G" to "i TI on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the cast limits of the development. ("M" to " O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: I. Warrior Drive is extended I'rom the. south across offsitc properties to intersect with 'Masker Road (S.R. 642) (at -N-) or Page 8 of 12 Cros.v)oinle C'ewer 1'r ujJc'.r filulement with Jiilk s provided to U.S. Route 522. (At —0' 2. Warrior Drive is extended fi-om the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase I i I transportation impacts. 14-5. The Applicant understands that the route of Crosspointe Boulevard may he used for an improved arterial road location in the future- The Applicant shall plan for a 220' \vide corridor v,,ith additional right of way to allow for interchanges at the intersections of 1-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Masicr Plan approval. The area outside of the 90' to 1 10' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a prograrn is funded to provide for an upgraded roadway with a lull transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("} " to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as mati° he deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surroundino the House, as generally depicted on the GDP. 15.2. Tile Applicant shall create a ten -acre preservation park immediately Surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre presentation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the commencement of any land disturbing activities on the Property, the Applicant shall perform a Phase 1 Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 final Environmental Impact Statement/Section 4(f) Fvaluatlon (the " FEIS"). in the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. if the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the. LEIS. the Applicant will coordimite that construction with the Federal Highway Administration (" FTHA"). the Virginia State Historic Preservation officer ("S11P0"), VDOT, and Pave 9 of 12 ('rosspointe Center Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the Slate Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the_ Phase i stud\ will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's written request to the Applicant_ Any such facility shall he compatible «'ith the design of the Project as otherN isc provided in Proffer 2.1 herein. 16.2. 'rhe dedication provided for liercin shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200,000.00 in lieu of such dedication or extension Within sixty days of the expiration of the applicable period. 17. ESCAL,ATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPTAF) published by the United States Department of' Labor, such that at the time contributions are paid, they shall be adjusted by the percen(age change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-L) to the date the contributions are paid. subject to a cap of 6% per year. non -compounded. Pane 10 of 12 Cl-OS Pninte Center l'rof�er' ,S7ulcmcr�! SIGNATURES APPEAR ON FOLLOWING PAGES Crosspoinle Cenler GLAW" llPWELOPMENTS- INC. By:ird> Title: �`�ti- d� -x ---4, r COMMONWEALTH OF VIRGINIn; CITY/eebNtY OF to -wit The foregoing instrument was acknowledged before me this clay of 2004, by-�i— ��Yw�-�� My Commission expires Notary Public J:b1.14346',REZONINGIRE"ZONII,'G\I'ROFFLRti`d'ro(kr 0121.doc Page 12 of 12 RESIDENTIAL - RP { ' 1-T ;I � __-.y 5 .tea•.!'' �A - ...._...__ --- - - .�rEpiFtO�•+\...._� ` RESIDENTIAL -RP �. ..nee RESIDENTIAL -RP 1 r"w3EI I - RESIDENTIAL•RP��, j' ►n�t[n, ,..� COMMERCIAL 8-2 yyy hN,t. ��OMMERGIAL 8- \�;. - L—E rMA3E1 t 1 '1 _.-.HI��ALE LANE COMMERCIAL B-2 I' •• t. _ . Y u 4t I COMMERCIAL 8-2 - •[ 7• ter` r - OMM£RCIAL I ����1L�'�,.•• 1iIn ' u I i �- L_ _rNTIA 314I-N , `•'pO1N i t - RES ENTIAI R w .ee - / fp A arnrs7+n.Srrr•: I _',- 1.} --•�r_ ',' i _ 11 ¢',. i 1 �'- -__j . ( N VXR COMMERCIAL B-2 I W RESIDENTIAL - RP PLAN KEY �' + i ---�" , �~ .4t� •;• _ Ir I�Wti �I PRODOSSO STREAM PRESERVATION BUFF ER I i1 EmsnwO t•7 iw,R ``r pit„ —sIgtW COMMERCIAL RESIDENTIAL RP p�jN'`N _- PROPOSED POCKET PARK - _� \ ,1 •-. la - PROPOSED PEDESTRIAN TRAIL /• \ ,/ ■CR0SSPOINTE� r-Reui;.RrcK cu.'xrr. VIRGINIn 1 HR n ., © &v . G_h\ ,RAL1T-Ii0 UI;VI[LOP\II'.NT' PLAN r• �� ....... .,,, I'.1IiIC, TRAIL, AND BUFFER GXJ [iBIT ``��� y TYPICAL STREETSCAPE SECTION TASKER L WARRIOR ROADS NORTH OF CROSSPOINTE BLVD 10 PAPER MILL i:0AO ��J 4 (FU7URE1 RESIO.8NTIALj,RP r 1 � �. r�, Rt:SIDENTIAI-R° �3J' ESIOPNITlq <`�rH RE6 ENT AL RP,' MMEFICIAL 9- /Ae fl CbMIpJIAIq�. 'r#"�L.•,f �' ' a �I v< /ri :I6 y , t OMMELj1Ullct2� ,,.•- �/� r; Ik:;a15f"� ON=�.F,-.�4'�t':�' i r ,� � � z •e. // p651D6NTIAL RP' r a r I IVV j a rOgM" A4( JI y LU Y TU 'NPRRIOR ROAU 1 �•` ' t' I� .rres A� eWaN ua . ia+ SID�NTfA-L %IItL1\I 1 .. ,--% 1. I♦I r: 11.17111 I)1 11.,11I`\III \II lill f R I D -1 V g A NAG FIESIE)ENTLAL.RP CO MM.kfjQ4kL &2 AA A CCMNIERCIAL co 4 0& RES CA? EXTENSJ ON IE V) LLI 1 31- A Om L • C R S S P 0 1 N I It:. D.. It ILK C t IRG i N I PHRA FIGURF 7. " ^ v , H\SE Z °[K{}5S9{>lNTl;� "x"/~u � .u,.s u^pEnmLROAD WON ` . ` . RE SIDENTIAL � _._. --~_ / , " TO PAPER MILL 2JAD (FUTURE) RESIDENTIAL ;RP '�, dim AJ t o` RESIDENTIAL RP OP ~ M6' 4CR•} MISS anA. 1 —1SE II 10111 I SIOENITIANOMI a rs t' I O 1lL A L N A G alm wa �` aw.Ec Y&s RESIDENTIAL -RP ` nsYEo• c�1y u mit n,t; COMMERCIAL S-2 � • V PuaEh `rr��' -- .eo2Agfes (',C, MMERCIAL'B- op E �CQMMEpCIlUi6.2, v � S,OH-j •�'� � <:OMMERCIAL � � �N Ot.1MCRCfA.LE32- 1 fA ! 1 to 1 __ 4 I:ANEExTENS10N <' NESIDEWIAL RP :� { COMMERtAL:8.2 i t. ( I L TO WARRI ROAD 1� l RESIDENTIAL it IE 4CRE3 tau Y.c}•u:wE �_. RESIDENTIAL I �� t, FOMMERCIAL 1)H:1ti1". � 1.....,� C. SS1) 1 \Tl,■ I Il :I1I NIfN 1.t.1 `.'I''I. 1 �If tr1\1 t hhw. •-..1.«.. M.. :ice >ar IsnY+E /' .r•.+ ... \.-1:..1..•f n Jl.t .7 •'�If\Y f•I l` �/ asr.w ��� 1-1GLAI'.1) I'll;. III II II, AI!'IENDMENT Action: PLANNING COMMISSION: November 19, 2003 - Reconurnended Approval BOARD OF SUPERVISORS: February 11, 2004 ❑ APPROVED ❑ DEIFIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13-03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on thi s rezoning on November 19, 2003. and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 1 1, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and 82 (Business GeneraI), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes V 27-03 This ordinance shall be in effect on the date of adoption. Passed this 1 lth day of February, 2004 by the following recorded vote: Richard C. Shickle, Chainnan Aye Barbara E. VanOsten Aye Gina A. Fon-ester Nay Gary Dove Aye W. Harrington Smith, Jr. Nay Bill M. Ewing Aye Lynda J. Tyler - AY-P-A COPY ATTEST kiley, Jr. County dministrator PDRes. 427-03 O^.Rcsolutions`•2004\Crosspninte Center «pd DRAFT June 1, 2011 Mr. Scott Alexander Transportation Engineer VDOT Location & Design 811 Commerce Road Staunton, Virginia 24401 Mr. John Riley County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 RE: Letter of Intent for Route 37/81 Improvements Glaize Development, Inc. Dear Scott: We appreciate VDOT taking the time to discuss the various scenarios at Crosspointe with respect to mutually beneficial road improvements. The three -party agreement letter that we have all been editing, reviewing, and modifying is now on its 4th year of life, and it no longer matches well the current proposals deriving from our last meeting. Instead of adding language to fix old language, we thought it would be best to take a new tack. Without abandoning the substance of the previous three -party agreement, we have here drafted a proposal that envisions only one scenario, that which we deem most probable. This will also enable us to focus our energies on one outcome versus two or three potential outcomes. I hope that this will facilitate a quicker decision process on both sides of the table. To that end, we submit the following as the proposed elements of and agreement between and among VDOT, Frederick County (the "County"), and Glaize Developments, Incorporated ("Glaize") for the timing, assignment of responsibility, and funding of major road improvement at the Route 37/1-81 Interchange. As all agree, the Interchange proposal is already in general conformance with the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). That Report identifies VDOT's Phase I and Phase III Interchange Improvements for this Interchange. Interchange and Crosspointe Improvement Agreement: 1. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, VDOT would assume, at its sole expense, the responsibility for the design and construction of Glaize's proffered obligations to construct those road improvements that are required in connection with Crosspointe's Phase I. VDOT would, therefore, construct the following: Page 11 of 4 DRAFT a. The Interstate 81/Route 37 Interchange in general conformance with the Report. b. The relocation of Tasker Road. c. The relocation of Hilandale Road. d. The relocation of the existing 20-inch water main, together with all necessary State and local permits, and all improvements that may be required by those permits in connection with the relocation of this water main. e. Temporary access to relocated Tasker Road via the construction of the western half of a diamond interchange at the intersection of Route 37 and relocated Tasker Road. This improvement will be temporary in nature (it will remain until Route 37 is extended to a permanent grade separated connection to Warrior Road, Warrior Road is constructed to its intersection with Tasker Road, and Tasker is constructed to the VDOT Phase 1 construction limits referenced previously), and all right-of-way not needed for any permanent improvements will revert to Glaize Developments at an appropriate time. f. Improvements to U. S. Route 11 to the west of 1-81. The VDOT Phase I Improvements will accommodate the future upgrade of the 1-81 Interchange to the ultimate interchange design as contemplated by the plan for the VDOT Phase III improvements as depicted in the Report. 3. In return for the VDOT Phase I Improvements, the parties agree that all segments of the Route 37 roadway will be designed and constructed in accordance with VDOT GS-1 standards. Glaize's obligations with respect to the phasing of its road construction will be governed by the Crosspointe proffers, or as provided in an agreement between and among the parties consistent with this letter, and except as set forth in paragraphs 5 and 6 below. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, VDOT may revert to that standard and Glaize will mirror VDOT's construction standard. Such reversion in road design would thereafter be the standard for any extension of Route 37 within the property. 4. In addition, the Crosspointe Master Development Plan will be revised to show the future construction of Route 37 to include two, three -lane bridges across Tasker Road, and two, two-lane bridges at a grade -separated interchange where Route 37 intersects with Warrior Road. Glaize will dedicate right-of-way as required by VDOT for this construction. Such dedication will occur prior to the time of construction, based on the final design and a corresponding survey. 5. The construction of Route 37 east of Warrior Drive toward Route 522, including the design and construction of the eastern half of a diamond interchange and any bridges at the Warrior Drive interchange, would be the responsibility of others. The County would concur that Glaize would be permitted to file and receive building permits in Crosspointe Phase III without regard to the requirements of Proffer 14.4.3. 6. Proffered requirement 14.4.1 would be so construed by the County as to require Glaize to design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary (points "M" to "N" on the GDP) only when Warrior Drive is constructed to the Crosspointe property boundary from the south, and that Glaize will be allowed to obtain permits for Crosspointe Phase III prior to that time. The provisions of section 14.4.4 of the proffers will remain applicable. Page 12 of 4 DRAFT Glaize would dedicate all of the right-of-way on its property needed for VDOT Phase I and III Interchange 310 Improvements at no cost to VDOT, as well as the right-of-way for Hilandale and Tasker Road and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. This will include any additional water, slope, drainage, or temporary construction easements that may be required. Such dedication will be conditioned only upon approval of an agreement in substantially the form of this LOI between and among VDOT and the County, and the receipt of Final Master Development Plan approval from the County for the Crosspointe Project. Actual conveyance of these interests will be based on final design plans for each road segment to be constructed. Dedication of the agreed right-of-way shall be made within 30 days of the satisfaction of these requirements, and written request therefor from VDOT. VDOT would prepare the necessary plats and deeds for this purpose, subject to Glaize's review and comment. 8. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT would obtain all funding, approvals, and permits required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake in conformance with this LOI) from the appropriate local, state, and federal authorities. 9. VDOT would be responsible for the preparation and approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the Crosspointe property, prior to the commencement of its Improvements and the other work contemplated herein. 10. Upon execution of a final agreement by all parties, Frederick County shall expeditiously review and grant final approval to the Crosspointe Master Development Plan when consistent with County requirements. 11. VDOT and Glaize will develop an Access Management Waiver policy to allow access from Tasker Road and Warrior Drive to the development near the respective Route 37 interchanges, be it a temporary or permanent interchange. Procedures for compliance with historic preservation requirements: VDOT will agree that for the purposes of future Traffic Impact Analyses that may be required for the development of Crosspointe, Glaize shall have no further responsibility for improvements to the Route 37/1-81 Interchange than those set out in an agreement consistent with this LOL Glaize, VDOT, and the County will enter a "scoping" agreement for future TIA analyses prior to construction of the Crosspointe Phase I, and such scoping agreement will identify, the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts outside the project limits shall be the responsibility of others. • VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between FhWA, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with VDHR. Page 13 of 4 DRAFT Glaize agrees that as provided in Proffers 15.4 —15.6, and the referenced 1999 MCA, it will develop and implement a treatment plan to mitigate the effects of the construction of Crosspointe Boulevard and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MCA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Procedures for processing future Transportation Impact Analyses: • The County would agree that all internal road networks in Crosspointe Center not otherwise subject to specific proffer requirements would be subject to customary administrative approvals associated with such road construction. The County would agree that it shall expeditiously process any permit applications that may be submitted to it by Glaize or VDOT in a timely manner, in accordance with applicable ordinances and regulations. County zoning concurrence with completion of requirements of PMDP: The County and its Zoning Administrator would agree that upon the execution of a three -party agreement consistent with this LOI, the existing condition to final approval of the Preliminary Master Development Plan for Crosspointe shall have been satisfied, and that the approved Preliminary Master Development Plan shall be deemed approved as Final and shall govern further development of Crosspointe. The County agrees that it shall use its best good faith efforts to approve revisions to the PMDP and that they shall be shall be expeditiously processed to allow development to occur in accordance with the agreement proceeding from this letter of intent. We thank you for the time that you have spent working with us on this, and we are willing to meet further to discuss these details. Regards, JP Carr Vice President cc: Ron Mislowsky, PHRA Eric Lawrence, Frederick County Planning Mark Cheran, Zoning Administrator John H. Foote, Walsh Colucci Page 14 of 4 F .1 TO PAPER MILL ROAD C� (FUTURE) -� , RESIO�PNYIAL y1 r,Mfxa�.U9C1 �= RESIDENTIAL •RP J.1 E 9F0ENIT S�a11 Lol) RE81 EP G _ OMM�I�CIAL 8-2 p we i j. rents (SF=St�I�N Ldj' �r ` (Retei{) MMERCIAL B ' - IDroa (R.-ik) r _ >., t•wlst ;a�j i.V _caMMF„FiGll�t�.�• . r 60Mtv1ERC'/) E �QOMMERCeo �A1g C' Y �I I�tyslaURala'�p4r;Ri9rj . � _•' \ fir' ;r qEXEfitJS1�0PN�\ RESIDENTIAL RP �✓ I "" ` i TF r N . �•/ r�� P MIL Bf� ( W + Ortlr r1 - t x TD WARRIOR ROAD • ` ( Pu Z s j � � � ) : E• :RESIDEi0E NTIAL t J ( (sewa FamJy) nFf[nes $L�6ustwcFttb+F y, RESIUEN'°IAt - i L �`gMMERBIAI ly) I I, ,CROSS POINTEM { _ P4`:'\ p is �l. El \61 LI 1] g1.\b.11l'P ]Iltr'�r 1'I.``. r� ♦I� 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Richard Shickle, Jr., Chairman, Frederick County Board of Supervisors Chuck DeHaven, Jr., Stonewall District Supervisor John R. Riley, Jr., County Administrator CC: Roderick Williams, County Attorney John Bishop, Deputy Director -Transportation FROM: Eric R. Lawrence, AICP, Planning Directories SUBJECT: Glaize Developments, Inc. and Interstate 81/Route 37 Improvements Crosspointe Center Proffers DATE: July 19, 2011 Efforts are underway to implement extensive improvements to Interstate 81 Exit 310, the interstate exit which provides access to Route 37 and Glaize Development's planned Crosspointe Center. Glaize Developments and the Virginia Department of Transportation (VDOT) have held numerous discussions in an effort to coordinate some of the key transportation improvements of the interstate and future Route 37 East, as well as those proffered improvements associated with the approved Crosspointe Center proffer package. Most recently, JP Carr, on behalf of Glaize Developments, has drafted a Letter of Intent dated June 1, 2011 which addresses the coordinated effort and associated responsibilities. It has been requested that staff offer a brief analysis of this draft Letter of Intent and identify any areas that warrant further clarification. This memorandum shall serve as the analysis of the draft Letter of Intent. It is also requested that a meeting be scheduled at which the County and representatives of Glaize Developments may discuss the draft proposal, and work towards an appropriate resolution. Please advise of your availability and time preferences for such a meeting to occur during the first 2 weeks in August (August 1 through 12). 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 k Thank you. Attachments: Analysis of the Letter of Intent, dated July 19, 2011 ERL/bad Approved Crosspointe Center Proffers Draft proposal from Glaize Developments, dated June 1, 2011 A Staff Analysis of draft Letter of Intent from Glaize Developments, dated June 1, 2011 Glaize Developments, Inc. and Interstate 81/Route 37 Improvements July 19, 2011 (This analysis has been conducted as a review of the Crosspointe Center proffer package and the Glaize Development, Inc. Letter of Intent, and without the benefit of VDOT input.) Format: draft Letter of Intent Staff Comment 1. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, VDOT would assume, at its sole expense, the responsibility for the design and construction of Glaize's proffered obligations to construct those road improvements that are required in connection with Crosspointe's Phase I. VDOT would, therefore, construct the following: a. The Interstate 81/Route 37 interchange. b. The relocation of Tasker Road. c. The relocation of Hilandale Road. d. The relocation of the existing 20-inch water main, together with all necessary State and local permits, and all improvements that may be required by those permits in connection with the relocation of this water main. e. Temporary access to relocated Tasker Road via the construction of the western half of a diamond interchange at the intersection of Route 37 and relocated Tasker Road. This improvement will be temporary in nature (it will remain until Route 37 is extended to a permanent grade separated connection to Warrior Road, Warrior Road is constructed to its intersection with Tasker Road, and Tasker Road is constructed to the VDOT Phase 1 construction limits referenced previously), and all right-of-way not needed for any permanent improvements will revert to Glaize Developments at an appropriate time. f. Improvements to U.S. Route 11 to the west of 1-81. RESPONSE: Staff agrees that VDOT would need to complete these items in order to do the project in question. It is important to note that this represents a significant undertaking of proffered improvements by VDOT. Staff has requested specific dollar values but has not yet received a response from VDOT. Early indications are that these improvements have a value in excess of 10-15 million dollars. This impacts proffers 14.2.1-14.2.5, but would not require proffer revision due to the improvements still being implemented so long as they are implemented before the triggers noted in the proffer package. 2. The VDOT Phase I Improvements will accommodate the future upgrade of the 1-81 Interchange to the ultimate interchange design as contemplated by the plan for the VDOT Phase III improvements as depicted in the Report. RESPONSE: No concerns. 3. In return for the VDOT Phase I Improvements, the parties agree that all segments of the Route 37 roadway will be designed and constructed in accordance with VDOT GS-1 standards. Glaize's obligations with respect to the phasing of its road construction will be governed by the Crosspointe proffers, or as provided in an agreement between and among the parties consistent with this letter, and except as set forth in paragraphs 5 and 6 below. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, VDOT may revert to that standard and Glaize will mirror VDOT's construction standard. Such reversion in road design would thereafter be the standard for any extension of Route 37 within the property. RESPONSE: In this bullet the applicant agrees to construct Route 37 at a GS-1 standard. The GS-1 standard is the standard for a Rural Principle Arterial System. However, staff believes that additional detail is needed on this bullet regarding the matching of this construction to the Route 37 standard as designed. Most important would be the horizontal and vertical positioning of the roadway to match the Route 37 section. If this were not to be dealt with properly, building to the GS-1 standard would accomplish little since replacement would still be needed in future. How this impacts the proffered entrances on Crosspointe Boulevard (Rt. 37) should also be addressed. All of that said, if these items are clarified, this particular bullet does offer an upgrade in value over how this particular roadway construction was previously proffered. This impacts proffers 14.3.3 and 14.4.2, but since it could be an upgrade (given the needed clarification) would not require a proffer modification, though it could be helpful. 4. In addition, the Crosspointe Master Development Plan will be revised to show the future construction of Route 37 to include two, three -lane bridges across Tasker Road, and two, two-lane bridges at a grade -separated interchange where Route 37 intersects with Warrior Road. Glaize will dedicate right-of-way as required by VDOT for this construction. Such dedication will occur prior to the time of construction, based on the final design and a corresponding survey. RESPONSE: This bullet addresses bridges over Tasker Road and Warrior Drive and states that the master plan will be revised to allow for these bridges. The bullet goes on to say that right-of-way will be dedicated for these bridges. Staff believes that these bridges should be constructed by the applicant (particularly the Tasker Road bridges) at the time that the roadway construction on the eastern side of these bridges takes place. This bullet does not currently say that they will be constructed by the applicant, but only that right-of-way will be given. The right-of-way is already proffered as part of the construction proffers 14.4.2, 14.3.2 and 14.4.1, but clarification of the right-of-way dedication as a proffer would be beneficial. Bridge construction is not proffered. 5. The construction of Route 37 east of Warrior Drive toward Route 522, including the design and construction of the eastern half of a diamond interchange and any bridges at the Warrior Drive interchange, would be the responsibility of others. The County would concur that Glaize would be permitted to file and receive building permits in Crosspointe Phase III without regard to the requirements of Proffer 14.4.3 RESPONSE: This is a previously proffered condition that the applicant is now suggesting they not be responsible to complete. Staff is not supportive of this because we believe it will be difficult enough to make sure that future rezoning construct Route 37 to the east on their own property without asking them to come onto Crosspointe and complete this section. This represents a loss of approximately 12-1400 feet of construction of a four - lane cross section, which has a value of at least $2-3 million and quite possibly more. Since this eliminates proffer 14.4.3, a proffer revision would be needed. 6. Proffered requirement 14.4.1 would be so construed by the County as to require Glaize to design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary (points "M" to "N" on the GDP) only when Warrior Drive is constructed to the Crosspointe property boundary from the south, and that Glaize will be allowed to obtain permits for Crosspointe Phase III prior to that time. The provisions of section 14.4.4 of the proffers will remain applicable. RESPONSE: Staff is agreeable that this roadway completion could be delayed, but additional parameters and potentially deadlines or bonding need to be placed upon it to guarantee the future construction even in the event that this development is sold to a third party. The concern would be that the development could proceed to a point where the completion of the section didn't offer any real economic benefit to them in terms of remaining property to be developed and the County would be without the ability to enforce this proffer, similar to what happened on Channing Drive. This impacts proffer 14.4.1 and its triggers/requirements so it would likely require a proffer revision. 7. Glaize would dedicate all of the right-of-way on its property needed for VDOT Phase I and III Interchange 310 Improvements at no cost to VDOT, as well as the right-of-way for Hilandale and Tasker Road and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. This will include any additional water, slope, drainage, or temporary construction easements that may be required. Such dedication will be conditioned only upon approval of an agreement in substantially the form of this LOI between and among VDOT and the County, and the receipt of Final Master Development Plan approval from the County for the Crosspointe Project. Actual conveyance of these interests will be based on final design plans for each road segment to be constructed. Dedication of the agreed right- of-way shall be made within 30 days of the satisfaction of these requirements, and written request therefore from VDOT. VDOT would prepare the necessary plats and deeds for this purpose, subject to Glaize's review and comment. RESPONSE: No concerns, but staff would note that this is already proffered. 8. Prior to the commencement of any of the work required for the VDOT Phase Improvements, VDOT would obtain all funding, approvals, and permits required for those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake in conformance with this LOI) from the appropriate local, state, and federal authorities. RESPONSE: No concerns. 9. VDOT would be responsible for the preparation and approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and ti historic resource analyses necessary for compliance with the National Historic Preservation Act for the Crosspointe property, prior to the commencement of its improvements and the other work contemplated herein. RESPONSE: No concerns, but would note that mitigation may need to be in partnership with the applicant. 10. Upon execution of a final agreement by all parties, Frederick County shall expeditiously review and grant final approval to the Crosspointe Master Development Plan when consistent with County requirements. RESPONSE: No concerns. 11. VDOT and Glaize will develop an Access Management Waiver policy to allow access from Tasker Road and Warrior Drive to the development near the respective Route 37 interchanges, be it a temporary or permanent interchange. RESPONSE: The access management waiver process is separate from this and should not be part of this agreement. Access management waivers are considered individually and on their own merits. This bullet should be removed. Staff has no concerns with the remaining language. Summary In general, the agreement outlines which Crosspointe Center responsibilities VDOT will have to undertake in order to complete the 1-81 Exit 310 improvements. It goes on to outline what each body would be willing and responsible to do. While Crosspointe is obviously benefitting greatly from the VDOT improvements, the language regarding what they will do in return is in need of clarification and some improvements as noted in the above details. Of particular concern is the need to address the construction of Route 37 beyond just noting the GS-1 standard. It is also of staff's opinion that the applicant provide for construction of the bridges over Tasker Road and Warrior Drive and not just right-of-way. If that was already the intent, then the language will need modification. Staff is also concerned by the applicant's proposal to dispense with one of their proffered 1 responsibilities (proffer 14.4.3), specifically Route 37 from Warrior Drive to their eastern property line. Also, staff believes that the road right-of-way dedication should be clarified. As presently written in the proffer, with the exception of the specific references to dedication in Proffer 14.5, the Proffers do not expressly address dedication, but instead the matter is presumably implied by the Proffers calling for the developer's design and construction of certain roads. If, however, VDOT is going to take over design and construction responsibilities, we may want something other than the side agreement reflecting the dedication obligations. ERL/bad REZONING PROPERTY RECORD OWNER APPLICANT PROJECTNAME ORIGINAL DATE OF PROFFERS: REVISION DATA PROPOSED PROFFER STATEMENT PM 574.37 acres +/ RA-1 to RP and 13-2 Tax Map Parcels 75-A-89, 89A, 91, 92. 95, 96 and a portion of 75-A-90 and 75-A-94 (the "Property") Glaize Developments. Inc., a Virginia corporation. Glaize De-velopments, Inc. Crosspointe Center August 27, 2003 October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made. prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall he deemed withdrawn and shall be. null and void. Further, these proffers are contingent upon final rezoning of the Property ,vith "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board-) decision granting the rezoning may be contested in the appropriate court. if the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, 11' appealed, the. day following which the decision has been a(firnlcd oil appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board .for reconsideration by a court of competent jurisdiction, them these proffe.rs shall be deemed withdrawn unless the Applicant shall affirn-3ativc.ly readopt all or any portion hereof in a writing specifically! for that purpose. The headings of the proffers set forth below have been prepared for convenience. or reference only and shall not control or affect the meaning or be takcrn as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its mcaningr all Future owners and successors in interest. When used in these proffers, the "Ge.neraliz.ed Development Plan" shall refer to the plan entitled "Generalized Development Plan. Crosspointe Center" dated August 12, 2003, as revised October 20. 2003 (the "(tl)P"). Page 1 of 12 Crn.esPninle C('nlc>r Proffer Slalement and shall include the following: 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003; 2. the "GDP, Phase I," dated August 12, 2003. as revised October 20, 2003: 3. the "GDP, Phase iI," dated August 12, 2003, as revised October 20, 200 3; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003. and 5. the "Parks, Trails &. Buffer Exhibit," dated October 20, 2003. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General ("132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance (" ") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a maximum of 1,578 dwelling units, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. 1.5. Except to the extent otherwise prohibited by the Virginia Fair Housin(1 Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted" housing shall be restricted to "housing for older persons"' as defined in Va. Code Ann. § 36-96.7_ or a surviving spouse not so qualifying. No persons under 19 years of' agc shall he permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Igomeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Na_,e. 2 of 12 C rosspoinle Cetn/car Prof v- Slulc icn! 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMIT'S AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. I-Towever, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall be developed in three Phases. The minimum commercial floor space proffered in this section is that predicted by tlhc Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2.2.1 Phase I shall include not less than 210,000 SF of conunercial /retail gross leascable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 2.2.2 Phase II development shall not continence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase I1 shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase TTI development shall not continence until a total of 390,000 square feet of commercial/retail gross leaseable. floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. ARCHITECTURE. SIGNAGE, AND LANDSCAPING: 3.1- Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) brick. architectural block, drys -it, or other simulated stucco (I FIS), real or simulated A.00d and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall he constructed using compatible architectural styles and materials. and signage for such buildings shall be of a similar style and materials in order to maintain a unified development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part cif the Master Plan submission for approval by Frederick County. Page 3 of 12 Cros poln(e center Proffer Stateme1 r 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a duality "boulevard'' appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. 4. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer hire Department providing service to the Property as first responder, payable in three equal installments of $100.000.00, upon issuance of the first building permit for each of the three phases as described herein. 6. SCHOOLS: 6.1. The Applicant shall contribute to the Hoard the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each such unit with the exception of age -restricted units. PARKS & OPEN SPACE: 7.1. The Applicant shall contribute to the Board the sum of' $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. LiBR-ARIES: 9.1. The Applicant shall contribute to the Board the surn of $100.00 per dwelling unit for library purposes. payable upon the issuance of a huildlms permit for each such unit. 9. S1lF.RIFF'S OFFICE: Pane 4 of 12 C1'0.5.cpoiWc CTe77fel- Pro(fcr fi�c�lcn,cnr 9.1. The. Applicant shall contribute to the Board the sum of $5.000.00 for the Sheriff's Office upon issuance of the first building pen -nit for the development. 10. ADIATNISTRATION IlUILDING: 10.1. The Applicant shall contribute to the Board the Slue of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building perrnit for the development. H. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 1 1 .l . 'rile residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance here«,ith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella TIOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. in addition to such other duties and responsibilities as may be assigned. an HOA shall have title to and responsibility for (1) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (111) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted Nvithin residential or other lots, or othenwise granted to the IIOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be responsible for the o,,s,nership, maintenance and repair of all comlllon areas, including any consen-ation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to fheir jurisdiction, and shall be provided such other responsibilities, duties, and powers, as are customary for such associatinns or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility f()]' Page 5 of 12 C'7-0SSpointe C'C'711(T I'rujr:r Statement assuring compliance with design guidelines and standards, sign age requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned. a POA shall have title to and responsibility for (1) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided h�� a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter. or road buffer areas, all of which buffer areas shall be located within casements to be granted to the POA If platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1 . The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. I'). ENVIRONMENT: 13.1. Stormwaler management and Best Manaocnient Practices (BMP) for the Property shall he provided in accordance with the Virginia Storni«ater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, Trails & Buffer .Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and (loge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATiON: 14.1 _ Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, desi(,n of the roadway sysicni shall he consistent v'!1th the study entitled "A Phased 'Traffic impact Analysis of Crosspoinle Center,-. prepared by Patton Harris Rust Associates. dated September 10, 2003 (the "TIA"). Pa,e 6 of 12 (.'7'OSS1)1777Z(C Ce77(Cl' .1el. Statement 14.2. The following traffic improvenie.nts shall be designed and constructed during Phase 1. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDi'. Such design shall be in accordance with the Virginia Department of Transportation ("VDOT") specifications, and subject to review and approval by the Frederick County and VDOT. ("R" to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "II" to "J" on the GDP). 14.23 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance Nwith VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "I -I" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on S13L U.S. Route I 1 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. Such design shall be in accordance with VDO'I' specifications and subject to review and approval by Frederick County and VDOT. ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the I-8 1 NBL off ramp and the 1-81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FI WA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "E" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway betNveen 'W" and "K". 14 2.7 Tull left and right turn commercial entrances to Tastier Road shall Pace 7 of 1 C'rOs,Vxrinte Center Pr•nff er Slawnic:171 be limited to four with two allowed between "F" and "Ci" and one each allowed at "H" and "J". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall he designed and constructed during Phase 11 and shall be completed prior to issuance of the first occupancy permit in Phase 11• unless noted otherwise herein. The exact location and design of' such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof_ 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. ("J" to "K" on the GDP). 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "M" on the GDP). 14.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. ("G" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase 11I, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ("M', to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive.. ("G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the cast limits of the development. ("M" to "0" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: 1. Warrior Driveis extended from the south across, off:silc properties to intersect with Tasker Road (S.R. 642) (at "N") or Ilage 9 of i? C l-os pniirte Center 1'r(?X!r Slaremon with links provided to U.S. Route 522. (At "0") Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At. 3. A revised Transportation Impact Analysis is prepared, rcvie\-\-e.d and approved by Frederick County and VDOT, which provides justification for Phase I I I transportation impacts. 14.5. The Applicant understands that the route oi' Crosspointe Boulevard ma), be used for an improved arterial road location in the future. The Applicant shall plan for a 220' «�ide corridor with additional right of way to allow for interchanges at the intersections of 1-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of u,-ay required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a fall transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("E" to " G" to "1\1" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserne Hilandale House for sucli uses as may he deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a surrounding the encampment generally depicted on the GDP. ten -acre preservation park immediately area associated with Camp Russell, as 15.3. -f he Applicant shall create a two -acre preservation park sun-ounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the commencement of any land disturbing activities on the Property, the Applicant shall perlorm a Phase 1 Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the " FEIS"). in the event that the Phase 1 study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the. FL;IS, the Applicant hill coordinate_ that construction with the Federal Highway Administration ("T"HA"). the Virginia State Historic Preservation Officer ("Si- NY'), VDOT, r,nd pin-'e 9 of 1' C1-0S.V?0i17le C'e» !er /'roJJcrr ,S7al�mcnl Frederick County, to assure implementation of the Memorandum of Agreement previously entered into bettiveen the County_ , the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for (he placement of government services, for satellite offices including a public safety building; and any other governmental services as the Board may direct, provided, however that this shall not permit constriction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's vTitlen request to the Applicant- Any such facility shall he compatible `vith the design of the Project as othenvise provided in Proffer 2.1 herein. 16-2. The dedication provided for herein shall be made «within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional ),cars within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200..000.00 in lieu of such dedication or extension Within siat}' days of the expiration of the applicable period. 17. ESCAI-,ATOR CLAUSE, 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are Maid, they shall be adjusted by the percentage change in the CPI-L1 fi-om that date 24 months after the approval of this rezoning to the most recently available CPI-Ll to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Pate 10 of 12 Cl-OS'SJ10117ie G_'eld(T" {'rcJ�er tilrllcmr171 SIGNATURES /APPEAR ON FOLLOWING; PAGES 1'aoc I I of 12 C'rosspoinfe C .'enter I'r njjer .ShItC171el7l GLAI%l' DENELOPMENTS_ INC. 'rifle: V. , COMMONWEALTH OF VIRGMIA, CITY/eebNtY OF The foregoing instrument \',gas acknowledged before ine this a� day of �Jc.nucs(� 2004, by��- Nay Commission expires Notary Public 1;b1_\4.4G\RFZONIN(i\REZ.ONIN'G\PROI:FERti\Pro(7cr 0123.duc Page 12 of 12 Y i 'S. a I 1 PRESIDENTIAL -RP 5 • _..HI(LANIyA ,' ` � Win -.ter._-..,- . Comi r � � • r 1 ` LI ' JI ,ll Ell I., v S PLAN KEY - _ ►�WFI PgOP0560 STREAM PRESERVATION BUFFER • FwenNo S•7 LONF COMMERCIAL • PROPOSED POCKET PARK .......... PROPOSED PEDESTRIAN TRAIL \ /•.,./ III CR0SSPOINTC� r'aeor•.RIr K euL`�'rY. VIRGINIA . UVVI:LOI'\IIiN'I' PLAN t:_I:Sr.u.\L17.IiU VARK, TRAIL, AND BUFFER LXN1131T " TO PAPER MILL ROAD FUTUREI �) i RESIDE NI IAL RP RESIDENTIAL -RP �J -.(Mixed Q�P 1tN4C i ES(DENITIq c nvS 1 . k SF S/rp$i1 Loll REsI ENTIAL / ° t' r:. 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I'1; .:1 :.', U JL\ I,�,•., ,.\1' V1. :•. rU.•,<.. ,nur•r I k AA'IENDMENT Action: PLANNING COMMISSION: November 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: February 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 13-03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kemstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 19, 2003. and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 1 1, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business GeneraI), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes t27-03 This ordinance shall be in effect on the date of adoption. Passed this llth day of February, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Nay Bill M. Ewing Aye Lynda J. Tyler -A-y-L A COPY ATTEST i Jo �� Riley, Jr. FredeSick Comity Linistrator PDRes. 427-03 0-.Rcsolutians`:2004%Crosspninte Ccnlcr.wpd A DRAFT June 1, 2011 Mr. Scott Alexander 1 Transportation Engineer VDOT Location & Design 811 Commerce Road Staunton, Virginia 24401 Mr. John Riley County Administrator Frederick County 107 North Kent Street Winchester, Virginia 22601 RE: Letter of Intent for Route 37/81 Improvements Glaize Development, Inc. Dear Scott: We appreciate VDOT taking the time to discuss the various scenarios at Crosspointe with respect to mutually beneficial road improvements. The three -party agreement letter that we have all been editing, reviewing, and modifying is now on its 4th year of life, and it no longer matches well the current proposals deriving from our last meeting. Instead of adding language to fix old language, we thought it would be best to take a new tack. Without abandoning the substance of the previous three -party agreement, we have here drafted a proposal that envisions only one scenario, that which we deem most probable. This will also enable us to focus our energies on one outcome versus two or three potential outcomes. I hope that this will facilitate a quicker decision process on both sides of the table. To that end, we submit the following as the proposed elements of and agreement between and among VDOT, Frederick County (the "County"), and Glaize Developments, Incorporated ("Glaize") for the timing, assignment of responsibility, and funding of major road improvement at the Route 37/1-81 Interchange. As all agree, the Interchange proposal is already in general conformance with the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). That Report identifies VDOT's Phase I and Phase III Interchange Improvements for this Interchange. Interchange and Crosspointe Improvement Agreement: 1. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, VDOT would assume, at its sole expense, the responsibility for the design and construction of Glaize's proffered obligations to construct those road improvements that are required in connection with Crosspointe's Phase 1. VDOT would, therefore, construct the following: Page 11 of 4 DRAFT a. The Interstate 81/Route 37 Interchange in general conformance with the Report. b. The relocation of Tasker Road. c. The relocation of Hilandale Road. d. The relocation of the existing 20-inch water main, together with all necessary State and local permits, and all improvements that may be required by those permits in connection with the relocation of this water main. e. Temporary access to relocated Tasker Road via the construction of the western half of a diamond interchange at the intersection of Route 37 and relocated Tasker Road. This improvement will be temporary in nature (it will remain until Route 37 is extended to a permanent grade separated connection to Warrior Road, Warrior Road is constructed to its intersection with Tasker Road, and Tasker is constructed to the VDOT Phase 1 construction limits referenced previously), and all right-of-way not needed for any permanent improvements will revert to Glaize Developments at an appropriate time. f. Improvements to U. S. Route 11 to the west of 1-81. 2. The VDOT Phase I improvements will accommodate the future upgrade of the 1-81 Interchange to the ultimate interchange design as contemplated by the plan for the VDOT Phase III improvements as depicted in the Report. In return for the VDOT Phase I Improvements, the parties agree that all segments of the Route 37 roadway will be designed and constructed in accordance with VDOT GS-1 standards. Glaize's obligations with respect to the phasing of its road construction will be governed by the Crosspointe proffers, or as provided in an agreement between and among the parties consistent with this letter, and except as set forth in paragraphs 5 and 6 below. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, VDOT may revert to that standard and Glaize will mirror VDOT's construction standard. Such reversion in road design would thereafter be the standard for any extension of Route 37 within the property. 4. In addition, the Crosspointe Master Development Plan will be revised to show the future construction of Route 37 to include two, three -lane bridges across Tasker Road, and two, two-lane bridges at a grade -separated interchange where Route 37 intersects with Warrior Road. Glaize will dedicate right-of-way as required by VDOT for this construction. Such dedication will occur prior to the time of construction, based on the final design and a corresponding survey. 5. The construction of Route 37 east of Warrior Drive toward Route 522, including the design and construction of the eastern half of a diamond interchange and any bridges at the Warrior Drive interchange, would be the responsibility of others. The County would concur that Glaize would be permitted to file and receive building permits in Crosspointe Phase III without regard to the requirements of Proffer 14.4.3. 6. Proffered requirement 14.4.1 would be so construed by the County as to require Glaize to design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary (points "M" to "N" on the GDP) only when Warrior Drive is constructed to the Crosspointe property boundary from the south, and that Glaize will be allowed to obtain permits for Crosspointe Phase III prior to that time. The provisions of section 14.4.4 of the proffers will remain applicable. Page 12 of 4 DRAFT Glaize would dedicate all of the right-of-way on its property needed for VDOT Phase I and III Interchange 310 Improvements at no cost to VDOT, as well as the right-of-way for Hilandale and Tasker Road and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. This will include any additional water, slope, drainage, or temporary construction easements that may be required. Such dedication will be conditioned only upon approval of an agreement in substantially the form of this LOI between and among VDOT and the County, and the receipt of Final Master Development Plan approval from the County for the Crosspointe Project. Actual conveyance of these interests will be based on final design plans for each road segment to be constructed. Dedication of the agreed right-of-way shall be made within 30 days of the satisfaction of these requirements, and written request therefor from VDOT. VDOT would prepare the necessary plats and deeds for this purpose, subject to Glaize's review and comment. 8. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT would obtain all funding, approvals, and permits required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake in conformance with this LOI) from the appropriate local, state, and federal authorities. VDOT would be responsible for the preparation and approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the Crosspointe property, prior to the commencement of its Improvements and the other work contemplated herein. 10. Upon execution of a final agreement by all parties, Frederick County shall expeditiously review and grant final approval to the Crosspointe Master Development Plan when consistent with County requirements. 11. VDOT and Glaize will develop an Access Management Waiver policy to allow access from Tasker Road and Warrior Drive to the development near the respective Route 37 interchanges, be it a temporary or permanent interchange. Procedures for compliance with historic preservation requirements: VDOT will agree that for the purposes of future Traffic Impact Analyses that may be required for the development of Crosspointe, Glaize shall have no further responsibility for improvements to the Route 37/1-81 Interchange than those set out in an agreement consistent with this LOL Glaize, VDOT, and the County will enter a "scoping" agreement for future TIA analyses prior to construction of the Crosspointe Phase I, and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts outside the project limits shall be the responsibility of others. • VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between FhWA, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with VDHR. Page 13 of 4 DRAFT Glaize agrees that as provided in Proffers 15.4 —15.6, and the referenced 1999 MOA, it will develop and implement a treatment plan to mitigate the effects of the construction of Crosspointe Boulevard and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Procedures for processing future Transportation Impact Analyses: • The County would agree that all internal road networks in Crosspointe Center not otherwise subject to specific proffer requirements would be subject to customary administrative approvals associated with such road construction. The County would agree that it shall expeditiously process any permit applications that may be submitted to it by Glaize or VDOT in a timely manner, in accordance with applicable ordinances and regulations. County zoning concurrence with completion of requirements of PMDP: The County and its Zoning Administrator would agree that upon the execution of a three -party agreement consistent with this LOI, the existing condition to final approval of the Preliminary Master Development Plan for Crosspointe shall have been satisfied, and that the approved Preliminary Master Development Plan shall be deemed approved as Final and shall govern further development of Crosspointe. The County agrees that it shall use its best good faith efforts to approve revisions to the PMDP and that they shall be shall be expeditiously processed to allow development to occur in accordance with the agreement proceeding from this letter of intent. We thank you for the time that you have spent working with us on this, and we are willing to meet further to discuss these details. Regards, JP Carr Vice President cc: Ron Mislowsky, PHRA Eric Lawrence, Frederick County Planning Mark Cheran, Zoning Administrator John H. Foote, Walsh Colucci Page 14 of 4 r �y ' J i� GLAIZE DEVELOPMENTS, INC. ^il'rl j P.O. BOX 888 "' WINCHESTER. VIRGINIA 22604-0888 l PHONE: 540-662-2092 FAX: 540-66 2-8016 December 14, 2010 Mr. John R. Riley, Jr. County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 Re: Crosspointe Center — Rezoning #13-03 Dedication of Area for Government Services Dear Mr. Riley: Your December 13, 2010 letter concerning the initiation of a proffer amendment to reaffirm the dedication of nine acres for public use has been received. At this point, Mr. Glaize would like to discuss this matter in person. We'll be in contact to arrange a meeting next time Mr. Glaize plans to return to Winchester, most likely after the New Year. If there's a pressing need to move forward sooner than that, please let us know. Have a Merry Christmas. Regards. rparr cc: Eric R. Lawrence. Planning Director i December 13, 2010 Glaize Development, Inc. P.O. Box 888 Winchester, VA 22604 RE: Crosspointe Center -Rezoning #13-03 Dedication of Area for Government Services Dear Mr. Glaize: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: Jriley @co.frederick.va.us On February 11, 2004, the Board of Supervisors approved rezoning #13-03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer item 16.2 provides for this land dedication to occur within three (3) years of rezoning approval, or the time period may be extended for an additional two (2) years upon the Board' s request. On January 23, 2007, 1 wrote to you, on behalf of the Board of Supervisors, to request an extension of the land dedication for the additional two years as enabled by Proffer Item 16.2. The purpose of this extension was to enable both parties to complete the master development plan review process, with the land dedication to follow. Since my last correspondence, the Master Development Plan for this project has been reviewed by the Board of Supervisors but the final plan has yet to receive administrative approval . I am writing to reaffirm the County's interest in the dedication of this 9 acre parcel to the County for public use. Given the current economy, an extension of this land dedication is in the benefit of both parties. For this extension to occur, it would be appropriate for you, as the applicant, to initiate a minor proffer amendment to amend proffer 16.2 to provide for additional time for the land dedication to occur. Because the proposed revision is minor in nature, in accordance with Va. Code § 15.2-2302, a public hearing would not be required. Please let me know how you wish to proceed in this matter. JShod you have any questions, please do not hesitate to contact me. Iy, . Riley, Jr. y Administrator cc: Eric R. Lawrence, Planning Director 107 North Kent Street • Winchester, Virginia 22601 January 23, 2007 Glaize Development, Inc P.O. Box 888 Winchester, Virginia 22604 RE: Crosspointe Center Rezoning #13-03 Dedication of Area for Government Services Dear Mr. Glaize: COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us On February 11, 2003, the Board of Supervisors approved rezoning application #13-03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer Item 16.2 provides for this land dedication to occur within 3 years of the rezoning approval, or the time period may be extended for an additional 2 years upon the Board's request. Recognizing that the Master Development Plan for this project has yet to be formally submitted and reviewed by the Board of Supervisors, it seem appropriate that the 9 acre dedication be delayed to enable your development team time to fully plan and design the Crosspointe Center project. As such, on behalf of the Frederick County Board of Supervisors, the County requests an extension of the land dedication for the additional 2 years as enabled by Proffer Item 16.2. This extension will enable both parties to complete the master development plan review process, with the land dedication to follow. Please contact me should you have questions. Sincerely r , i Jo R. Riley, Jr. County Administrator Cc: Eric R. Lawrence, Planning Director 107 North Kent Street - Winchester, Virginia 22601-5000 ! ! ! ! ! ! ! ! ! ! ! ! ! ! alb! ! • a: IS �,�r'k'f,_`\ ',,., r.. \ .t '�� r � t�� � � •sue � b MAIL A . RUE y�/vh nawnrai•nr•n ! • - ,.r. J Tyl I l.; aJ Yd: IPi^.. farrfwe-rare rrrrfr. // ,`E.'E - DETALL 6ikwis•.fi- \ / MTtlaar.. 'iwrrwar �\r MALLC \� cr•x[•nmx��`I� •. // rrr. rrhm \,' - \ � aawmafrwrrr �N` \ rfvrnnf/f.e \\ �wrw ro"• - 2 A*&trc.ri-1 w Err nb ••r.. wrrN wq x Mrie w' N•w.r., ,uw.fa ra.n w •.. w rwwM M ..•w• \ .[TALL D j \ .. n••wh ww•Y•• Owe•fr . - 1r.rrr r. rR ( 1M M' ,. r4wfw fVnMM % � \ V IRwrl rw�w•r•! IriN. b N w•r pwvrr nl A.�f. M w w,gnf r aMrO. R Iwr. ihs.r 1. •f.r M rMYr J✓' f.,rl. r•.u• ' wmM h N Cau N M OwM N M CN•f CM / •w•Nb CwNw. f•Mr 111M[�afulrr \ ho•N E•rr N••P r•. ---- atP ---- b • mi.r: ,�" w7 agwyr+o scale now""A. lw •. rva 6111fert w. cllffor$j� ['� associates, Inc,ddptl0.7lU ACgtb �� � ed by., 1���7Jr .lardlq M IFN Mrm al sheet , down ► . ons ef4dn R.tl f Id Ew— dtOW*MFOL tun BkNWEEE A[d<116/6TtlAl. D19ttyf.T need b . r,wa4+Ewror„v. uM uw, r•.w.n r wt01:.sI f n.w.}nrq r•pa, Iwh a w. fM (f!D rraiw r. a 0 XJMi C. RUSSELL JR.. V. UX. DA. BBE PD. 2FF AREA TABULATION PARCEL 92.0.923D ACRES PARCEL 04-900.084E ACRES TOTAL AREA.3D4.RD7E ACRES IMIO I . THE PROPQITY DELINEATED ITY THS MT 6 S iMW ON FREDERICK COUNTY TAX MA" 75 AND IS IDENi1F1ED AD PARCELS N AND 04, 2. NO TITLE REPQR FUSIED N. 5. FASF4EMS OTHER RUN SHDM MAY EXIST. Iw4YpRa CERTIFICATE IFICATE I HEREBY CERTIFY THAT THE B"DARY INFORMA1104 SNUVN HEREON IS BASED UPON AN ACTUAL FIELD SURVEY MADE U DER MY SUV E"SION AND THERE ARE NO TNCIIOAM IMENT9 OR VISIBLF EASEMENTS (MESS S}CVM k CEnTI C ATG O, 110 VA CERTIFICATE NO. 11F7 • • i i i i i i i i i ir i i i i i i mb i i r L J 1-1 lqF .IONR . ro— "S . FQN rW SET AO/.WKAEIEKQ AYYtTln 1 EIA 4prca. NN r4.N � bbni.l n Pwx N. n. H .N N mwn IrrY..L d IR1ff��AIFr I«.M nnry an M xubw A.,vnax. a+r.. xm. b N.N n .:Mal xtl w.w .� ubr M wMYMw.N b f. ley M A Innwbwp wtl xN Iw. ... lb I.ecnxwH Mlya. ,w.w�xrou n. ONyla Glra. Gi 1. v. cor w. nn """""'^ Jeb numbcn 91DI b, ntNNDAAT lUPV6T AND COAIPOSIT6 PLAT I'•)Oo' nECRMDSR m$ 4 Bilb.ri w. cli[[Ur & nl9ocinl6S, inc. OPT nILA NOS DP —' -- $ mnn�..°i n01 DCL , C.O. CRAWPORD BSTATB k ELEANOR J. DURLBSON inl— SIIAWNnn MAOISTRR)AL DIBTPICI' d,... by, Jill Srrarynrt PIIODCRTCRCOUNTT.VIROINIA pj ._._______.... ___.._-_._ .___..__ ..• its -tin.. n.....n nm a. x...urrww, ORCITMRPI16, 1919 I i T A X R E C E I P T - Y E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, J� P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 74.73 ACRES 75 A Acres: 2 ❑ 0 3 Ticket #:00115360001 aW Date : 5/30/2003 Oegister: LBX/CK rans. #: 22379 Dept # RE200301 ACCT# - 24151 Previous 89 Balance $ 2046.19 74-73 Principal Being Paid $ 2046.19 Land: 560600 Imp: 0 Penalty $ .00 Interest $ •00 GLAIZE DEVELOPMENTS, INC Amount. Paid $ 2046.19 *Balance Due PO BOX 888 WINCHESTER, VA as of 5/30/2003$ .00 22604 0888 Check 2046.19 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST- (DUPLICATE) ' T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00115370001 @@ FREDERICK COUNTY Date - 5/30/2003 C. WILLIAM ORNDOFF, JR Register: LBX/CK P.O. BOX 225 Trans. #:. 22379 Dept # RE200301 WINCHESTER VA 22604-0225 ACCT 32D12 2003 REAL ESTATE TAXES Previous 13.25 ACRES 75 A 89A Balance -$ 120.82 Acres: 13.25 Principal Being Paid $ 120.82 Land: 33100 Imp: 0 Penalty $ .00 Interest $ .00 GLAIZE DEVELOPMENTS, INC Amount Paid $ 120.82 *Balance Due PO BOX 888 as of 5/30/2003$ •00 WINCHESTER, VA 22604 0888 Check 120.82 # WACH 11673 ' Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00115380001 as FREDERICK COUNTY Date - 5/30/2003 C. WILLIAM ORNDOFF, JR Register:- LBX/CK P.O. BOX 225 Trans. #: 22379 Dept # RE200301 ' WINCHESTER VA 22604-0225 ACCT# 24152 2103 REAL ESTATE TAXES, Previous ' 135.16 ACRES 75 A 90 Balance $ 946.81 Acres: 135.16 Principal Being Paid $ 946.81 Land: 65898 Imp: 193500 Penalty $ -00 Interest $ .00 ' GLAIZE DEVELOPMENTS, INC Amount Paid $ 946.81 *Balance Due PO BOX 888 as of 5/30/2003$ .00 ' • WINCHESTER, VA 22604 0888 Check 946.81 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST- (DUPLICATE) ' T A X R E C E I P T Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR• P-O- BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 3.95 ACRES 75 A Acres: Ticket #:00115390001 te = 5/30/2003 gister: Ohran.s. LBX/CK #: 22379 Dept # RE200301 ACCT# 24154 Previous 91 Balance $ 3.95 Principal Being Paid $ Land: 39500 Imp: 0 Penalty $ ' Interest $ GLAIZE DEVELOPMENTS, INC Amount Paid $ *Balance Due PO BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 144.18 # WACH 144.18 144-18 .0❑ •00 144.18 .00 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) ' T A X I R E C E I P T - Y E A R 2 0 0 3 Ticket #:00115170001 as FREDERICK COUNTY Date 5/30/2003 C. WILLIAM ORNDOFF, JR Register: LBX/CK P.O. BOX 225 Trans. #: 22379 Dept # RE200301 WINCHESTER VA 22604-0225 ACCT# 24155 ' 200-3 REAL ESTATE TAXES Previous .92 ACRE 75 A 92 Balance $ 33.58 Acres: •92 Principal Being Paid $_ 33.58 q8 Land: 9200 Imp: 0 Penalty $ .00 Interest $ •00 GLAIZE DEVELOPMENT CORP Amount Paid $ 33.58 *Balance Due PO BOX 888 as of 5/30/2003$ .00" WINCHESTER, VA 22604 0888 Check 33.58 # WACH 11673 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICAT.E) I I Ticket #:00115340001 as Date : 5/30/2003 Register: LBX/CK Trans. #: 22379 Dept # RE200301 ACCT# 24157 Previous 94 Balance $ 318.00 Principal Being"Paid $ Land: 854500 Imp: 0 Penalty $ ' Interest $ GLAIZE DEVELOPMENT, INC Amount Paid $ *Balance Due '•PO BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 3118-93 ' Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• T A X R E C E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 318.00 ACRES 75 A Acres: 3118.93 3118.93 .00 .00 3118.93 .00 # WACH 11673 (DUPLICATE) i � I � I � I T A X R E C -E I P T - Y E A R 2 0 0 3 FREDERICK COUNTY C. WILLIAM ORNDOFF, J19 P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 3.00 ACRES 75 A Acres: Ticket r,30115400001 -@'@ Date 5/30/2003 egister:- Wrans. LBX/CK #: 22379 Dept # - RE200301 ACCT# 24158 Previous - 95 Balance $ 3.00 Principal Being Paid $ Land: 24000 Imp: 0 Penalty $ Interest $ GLAIZE DEVELOPMENTS, INC Amount Paid $ *Balance Due PO BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 87.60 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST- 1 T A X R.E C E I P T - Y E A R 2'0 0 3 FREDERICK COUNTY ' C- WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2003 REAL ESTATE TAXES 104 -00- ACRES 75 -A Acres: 87.60 87.60 •00 -00 87.60 •00 # WACH 11673 (DUPLICATE) Ticket #:00115410001 as Date - 5/30/2003 Register: LBX/CK Trans. #: 22379 Dept # RE200301 ACCT# 24159 Previous 96 Balance $ 104.OD l Principal Being Paid $ • Lands 26000 Imp: 0 Penalty $ Interest $ GLAIZE DEVELOPMENTS, INC Amount Paid $ *Balance Due PO BOX 888 as of 5/30/2003$ WINCHESTER, VA 22604 0888 Check 94.90 # WACH ' Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• 11 11 II 94.90 94.90 .00 .00 94.90 .00 11673 (DUPLICATE) 11 ►1 '+ - , � f , . � w1 w •� �% �'�.•., .fit � Y .« REZ#13-03 �. 8SPOINTE CENTER F Vv 81'l icket Al y. cccyyy _ r. .h v ✓ � �k: .i`i � ill i _ ... ,' . ,� � . _ � . k . � ♦ e. � :- 4 F�� F� � - � . ,''4 f f v .: ,.4e `+i 'a 7' ` � '3z�i�'� � .. t� - , �"3W ' I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 28, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #13-03 FOR CROSSPOINTE CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 11, 2004, 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 #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Perfomance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kemstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Chris op ier M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is to c rtify that the attached correspondence was mailed to the following on o D from the Department of Planning and Development, Frederick Coun , Virginia: 75 -4- - 1- 75 - A- - 99-A WINCHESTER ARTRIP, LLC CIO THE TOWER COMPANIES 11501 HUFF CT 20895.1043 N BETHESDA, MD 75 - A- - 93- & HALDEMAN, PAUL M A TRUST CIO BB&T TRUST DIVISION 38 ROUSS AVE WINCHESTER,VA 22601 76 - A- - 13- ARTRIP, W F JR 1726 FRONT ROYAL PIKE WINCHESTER, VA 22602.4417 63 - A- - 116- RUSSELL, JOHN C JR & FRANCES L 285 CALDWELL LN WINCHESTER, VA. 22602.4404 63 -2- - B- HAMMAN INVESTMENT CO, INC 931 PINTO CIR NOHOMIS, FL 34275.1611 63 - 2- - C- COMMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218.0067 STATE OF VIRGINIA COUNTY OF FREDERICK BRUBAKER ENTERPRISES, LTD PR 3407 CEDAR CREEK GRADE WINCHESTER, VA 22602.2750 75 -4- - 2- SHIHO, INC PO BOX 3276 WINCHFSTFR_ VA 22fiO4.2.476 75 - A- - 87-A STOSSEL, JOSEPH A. & JUDITH A. 176 PICKET LN STEPHENS CITY, VA. 22655.6007 75 - 1- - A- FREDERICK COUNTY SANITATION AUTH PO BOX 1877 WINCHESTER, VA 22604.8377 75 - A- - 87-B HEATH, RONALD NORWOOD PO BOX 309 STEPHENS CITY, VA. 22655.0309 Chri oph r M. Mohn, Deputy Director Frederic Co. Planning Dept. I, �/ �� , a Notary Public in and for the State and County aforesaid, do ereby certify th Christopher M. Mohn, Deputy Director for the Department of Planni1S l U �d Development, whose name is signed to the foregoing, dated / z Y" , has personally appeared before me and acknowledged the same in my State�and County aforesaid Given under my hand this My commission expires o1 0 VF,2 Crosspointe Center TO: Barbara - Data Processing FROM: XafffIIM - Planning Dept. i��V Please print sets of labels by. I/ 0 3 THANKS!!. ID# 75-A-99A V 75-A-93 �,.' 76-A-13 63-A 116 63-2-B t- 63-2-C , 75-4-1 V 75-44-2 V 75-A-87A 75-1-A 75-A-87B 75-A-84 V 75-A-97 64-A-24 75G-7-6-194 75G-4-4B-59 75G-4-4B-60 Name Wine. Artri UP Partnership11501 Paul M. Haldeman, Jr W.F. Artrip Jr. John C & Frances L Russell, Jr Hammon Investment Co., Inc. Commonwealth of VA Brubaker Enterprises, LTD Shiho, Inc. Joseph & Judith Stossel Fred. Co. Sanitation Authority Ronald Norwood Heath Coreen Daily Steve Dubrueler Paul M Haldeman, Jr Lakeside Homeowners Assoc. Jeffrey Warren Rodney & Suzanne Torp Address Huff Court, N. Bethesda, MD 20895 P.O. Box 2751, Winchester, VA 22604 1726 Front Royal Pike, Winchester, VA 22602 285 Caldwell Lane, Winchester, VA 22602 931 Pinto Circle, Nohomis, FL 34275 P.O: Box 67, Richmond, VA 23218 3407 Cedar Creek Grade, Winchester, VA 22602 P.O, Box 3276, Winchester, VA 22604 176 Pickett Lane, Stephens City, VA 22655 P.O. Box 1877, Winchester, VA 22604 216 Pickett Lane, Stephens City, VA 22655 244 Pickett Lane, Stephens City, VA 22655 346 Saddleback Lane, Winchester, VA 22601 P.O. Box.2751, Winchester, VA 22604 P.O. Box 746, Stephens City, VA 22655 105 Jade Ct., Ste hens City,VA 22655 102 Jade Ct., Stephens City, VA 22655 Use _.Agricultural Zonin RA Agricultural RA Agricultural RA Agricultural RA Commercial M1 State Government RA Commercial B2 Commercial B2 Residential RA Office/Utilit B2 Residential RA Residential RA Residential RA Agricultural RA Open Space RP Vacant RP Vacant RP �s " -��✓�r -s S A _VZLIZ-Aa ZU. f ���s V / r F y 0 0 4i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #13-03 FOR CROSSPOINTE CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, 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 #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 3 81.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad O:Wgendas\Adjoiner Ltrs\2003\REZ0NINGS\Crosspointe Centermpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 i This is to certify that the attached correspondence was mailed to the following on CA .0103 from the Department of Planning and Development, Frederick County, Virginia: 7 5 A - 97. 75 - A- - 99-A WINCHESTER ARTRIP, LLC CIO THE TOWER COMPANIES 11501 HUFF CT N BETHESDA, MD 20895.1043 76 - A- - 13- ARTRIP, W F JR 1726 FRONT ROYAL PIKE WINCHESTER, VA 22602.4417 63 -2- - B- HAMMAN INVESTMENT CO, INC 931 PINTO CIR NOHOMIS, FL 34275.1611 75 -4- - 1- BRUBAKER ENTERPRISES, LTD PR 3407 CEDAR CREEK GRADE WINCHESTER, VA 22602.2750 DUBRUELER,STEVE 346 SADDLEBACK LN WINCHESTER,VA 22602.2886 75G - 7.6- 194- LAKESIDE HOMEOWNERS ASSOCIATION INC PO BOX 746 STEPHENS CITY, VA 22655.0746 75G - 4.413- 60- TORP, RODNEY S. & SUZANNE R. 102 JADE CT STEPHENS CITY, VA. 22655.2387 75 - A- - 93- (, 4-/- -8 =)-y HALDEMAN, PAUL M JR, TRUST CIO BB&T TRUST DIVISION 38 ROUSS AVE WINCHESTER, VA 22601 63 - A- - 116- 75 - A- - 87-A RUSSELL, JOHN C JR & FRANCES L STOSSEL, JOSEPH A. & JUDITH A. 285 CALDWELL LN 176 PICKET LN STEPHENS CITY, VA. 22655.6007 WINCHESTER, VA. 22602-4404 75 - A- - 87-B HEATH, RONALD NORWOOD PO BOX 309 STEPHENS CITY, VA. 22655.0309 Chris opher . Mohn, Deputy Director Frederic o. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDE / Ua Notary Public in and for the State and County aforesaid, do reby certify that Chri opher M. Mohn, Deputy Director for the Department of P ning an Development, whose name is signed to the foregoing, dated aVOL- , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this /� day of / 16wnxe ' My commission expires on Qv" NOTARY PINLIC Vt:e 0 40 c�czrTrJ��r �r ���rS���rrz Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING January 28, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #13-03 FOR CROSSPOINTE CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 11, 2004, 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 413-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 3 81.8 0 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Chris op er M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 63 - 2- - C- COMMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA 23218-0067 Hihi H J h1d:1 �1 0 4P COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #13-03 FOR CROSSPOINTE CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, 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 #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 3 81.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Q! Christopher M. Mohn, AICP Deputy Planning Director CMM/bad 0AAgendaAAdjoiner Ltrs\2003\REZ0NINGS\Crosspointe Center.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 63 - 2- - C- COMMMONWEALTH OF VIRGINIA PO BOX 67 RICHMOND, VA. 23218-0067 IN, 11 *I 4� 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #13-03 FOR CROSSPOINTE CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, 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 #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Perfornance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad 0AAgendns\Adjoiner Ltrs\2003\REZGNINGS\Crosspointe Center.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK. Department of Planning & Development 107 North Kent Street f. Winchester, Virginia 22601 75G - 7- 6- 194- LAKESIDE HOMEOWNERS ASSOCIATION INC PO BOX 746 STEPHENS CITY, VA 22655-0746 • RE TURN TO SENDER ATTEMPTED -NOT KNOWN UNABLE TO FORWARD W N S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED:/ REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on ba L-0 i /a R �° c &S PO ��,� ; P /N •s 7S-�t -s � �'9R 90 9i 9�7 DIGITAL: � PAVER: s - �-�r�Ax7)E-MAIL: L : 9.5, •%.S f� -�� SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)