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HomeMy WebLinkAbout06-19 Winchester Medical Center Inc - Gainesboro - PIN 53-A-68 With Proffers - BackfileREZONING TRACKING SHEET rhPrk T .ict- Application Form v Fee & Sign Deposit Proffer Statement Deed Impact Analysis �_ Plat/Survey Adjoiner List Taxes Paid Statement % I c, a 5 1 File opened Reference manual updated/number assigned oZ c� cl D-base updated h Copy of adjoiner list given to staff member for verification 1 1 q Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: G -V-C om . ao Board of Supervisors Meeting ACTION: a 1ao �% o5 dCOI �5 Signed copy of Resolution received from County Administrator and ,11 ? p �S placed in Proffers Notebook together with proffers l2 Approval (or denial) letter mailed to applicant/copy to file and cc's - Reference manual updated D-base updated Olv Scanning updated S �,2c> Application Action Summary updated 5 113 1a i File given to Mapping to update zoning map S 113 (a I Zoning map amended Sys �D # z y J o 81 i Q-yqry e- d REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: April 20, 2021 Staff Contact' Candice Perkins, AICP, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponcd Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/1 1/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponcd Board of Supervisors: 1 1 / 12/20 Postponed Board of Supervisors: 12/09/20 Postponed Board of Supervisors: 01/27/21 Postponed Board of Supervisors: 04/28/21 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the 132 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned 132 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses ShOWn on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/28/21 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a future meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration — the rezoning was then postponed in September, November and December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a proffer and a GDP with a revision date of March 9, 2021. The proffer and GDP incorporate the following text (Staff would note that the proffer statement remains unchanged from the version submitted when the application was postponed on December 9, 2020): 8. The Oivtter prof fets to convey one.joint access and utility easenient to Botanical Blvd. for the properties hest of Botanical Blvd. • Such easenienl shall be in a location directly across from Marriott Drive. • Stich easetiient shall have a max mtnii lvidth of f fl'y feet (50 ). Should the owner(s) of the properties hest of Botanical Blvd. require any additional property,from the Owner, such adjoining property oivner(s) ivotild need to obtain approval and agreements from the Oivner. • Such easement shall have proper consideration. Tile O;viiei- acid the oiviiel ;S of the pllioiiiiiig properties are currently in discussions concerning conshleration to be gh,e 1 in exchange.for Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 2 the (ilbrementioned easerrrent conveyance. • II is the sole responsibilil), of the adjoining property owner(s) to coml)1), with all requirementsoj'l�rederick County an(l i�DOT./br permits and all entrance approvals and permissions to include, bill /lot be limited to, .Vigll(1117(llioll (111(ilor othel' items as'soc'iale(l with obtaining approval fbr such entrance to Botanical Blvd. • 11 lsfin'ther ull(lers'loo(l an(l agreed by Frederick Colmly that (Illy tl'ips generated bylwoperlies west ol'Bolanical Blvd. will nol count lowards the 14,000 TPD limit currently placed on the subject property. Staffwould note that portions ofthis proffer arc not enforceable by Frederick County (sec the bold text above). The language that relates to "proper consideration" and "discussions Concerning ConSldel'atloll" would only Concern private negotiations aild agreenmits between the Winchester Medical Centel' and the properties west of Botanical Blvd. Application History: • The Planning Commission recommended approval of the application at their December 18, 2019 meeting. • The Board of Supervisors discussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that was shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22, 2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. o Following the January 8°i meeting, the Applicant removed all references oil the GDP for access for the adjacent property to Botanical Boulevard. • The Board of Supervisors at their January 22"" meeting postponed the application to the February 26t' Meeting. • The Board of Supervisors at their February 26°i meeting postponed the application to the March 1 1 °i meeting. • The Board of Supervisors denied the rezoning at the March 1 1, 2020 meeting. • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. • The Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. The text of the proffers dated April 17, 2020 remained fundamentally unchanged from the original application the Board of Supervisors postponed on January 8, 2020. The April proffer statement and the proffered GDP (dated October 19, 2019, revised April 9, 2020) both contained the following text "Entrance to Botanical Blvd — Entrance to residential use areas shall be granted by Ill' nchester• Medical Center after fr(tur•e rezoning petition, transportation irrrpact analysis and proffers for• these areas are approved by VDOT and Fr•e(ler•iek County". Also, the properties referenced in this note are no longer residential zoned areas (they were rezoned with Rezoning #08-08 (Botanical Square), subject to proffers), though they presently remain in residential use. • The Board of Supervisors at their September 23, 2020 meeting postponed the application. • On November 12, 2020, the Applicant submitted revised proffers with a final signature date of November 11, 2020. • The Board of Supervisors at their November 12, 2020 meeting postponed the application. Rczoning 1106-19 WINCHE-STER MEDICAL CENTER, INC. April 20, 2021 Page 3 • On December 7, 2020, the Applicant rcgLlCStCd that the rezoning be taken offthe December 9, 2020 agenda and schcdulc(I for the January 27, 2021 mccting. • On January 26, 2021, the Applicant requested that the rezoning be postponed to a future meeting. • On April 16, 2021, the Applicant submitted a revised proffer and Generalized Development Plan \vlth a revision elate of March 9, 2021 . Staff would note that the proffer statement remains Unchanged from the application postponed on DCCembcr 9, 2020. Following the public meefing, a decision rezoning this rezoning application b), the Board of' Srrperrisnrs ►Mould he appropriafe. The Applicant should be prepared f0 adequafel}, address all concerns raised bl, the Board of Supery stirs. Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 4 This report i.v prel)(ired by the Frederick Coun(j, Planning Staff to provide infiwinatlon to the Planning Commission and the Board of Sul)ervivors to llssiv then( in making a (decision on thi.v al)plJcation. It nl(j, also be useful to others interested in thi.v Zoning matter. Unresolved LRSnes concerning thi.v al)IVcatlon are noted bj, Stllf f )Vhere relevant throughout this Staf f rej)ort. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/1 1/20 Denicd Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 1 1/12/20 Postponed Board of Supervisors: 12/09/20 Postponed Board of Supervisors: 01/27/21 Postponed Board of Supervisors: 04/28/21 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated Nvith Rezoning #02-03 which rezoned parcel 53-A-68 to the 132 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned 132 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 fi-om the landscape design features which required a landscaped roundabout. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: 132 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: 132 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential 132 (General Business) Vacant Rezoning 06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 5 REVIEW EVALUATIONS: Vir 7inia Dept. of Transportation: We have reviewed the above Subject Rczoiling Al)l)llcatioil dated August 5, 2019 for impacts to the local transportation system. We have no overall objcetion to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access linutation envisioned as part of the Conlnlonwcalth Transportation Board (CTB) approval. This could be accomplished by amending the Street Imp1'oyernents section of the proffers as follows: "Tile Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Usc Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of NVay and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Alote: Per VDOT's connnent, the Applicant has referenced the Connnonlvecrlth Transportation Boards "Right of and Limited Access Control Charges Route 37 and Canipits Boulevard Interchange" approval dated December 17, 2009 in the updated proffer Statement. County of Frederick Attorney: Please see email dated April 19, 2021. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester City Quadrangle) identified the site as being zoned A-2 (Agricultural General). 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. On February 12, 1997, the Board of Supervisors approved Rezoning 406-96 which rezoned 51.054 acres of the site from the RA (Rural Areas) District to the B2 (General Business) District. On April 9, 2003, Rezoning #02-03 was approved which rezoned 102.0216 acres from the RA and B2 Districts to the B2 and MS (Medical Support) Districts with proffers (the area approved with Rezoning #06-97 was included with Rezoning #02-03). 2) Comprehensive Plan The 2035 Comprelensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to Rezoning 11-06-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 6 plan fol' the hltllrc physical development of Frederick County. The Area Plans, Appendix 1 of the 2035 Comprchcnsivc Plan, are the primary implementation tool all(] will be inStrUmclltal to the future planning efforts of' the County. I.mid 1lco The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land Use designation. The Existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. 3) Proffers At the Board of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a future inecting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration — the rezoning was then postponed in September, November and December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a revised proffer and a GDP Nvith a revision date of March 9, 2021. The revised proffer and GDP incorporate the following text (Staff would note that the proffer statement remains unchanged from version submitted for the December 2020 agenda): 8. The Ou°ner prgffers to convey one joint access and utility easement to Botanical Blvd.fin- the properties west o/'Botanical Blvd. -Such easement shall be in a location directly, across from klarriott Drive. -Stich easement shall have a maximum width of fifty feet (50 ). Should the olVnei'(S) of the properties west of Botanical Blvd. require aiO, additional property from the Owner, such adjoining property owner(.S) would need to obtain approval and agreements from the Owner. -Such easement shall Itam proper cons(derat[on. Tlie O►tilei' alib i`he olt,/lel'S of the allJo111!/1g properties are currently 111 discussions concerning consideration to be given in e\change for the aforementioned easement com,eyance. -It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT.for permits and all entrance approvals and permissions to include, but Clot be limited to, signalization andlor other items associated with obtaining approval for such entrance to Botanical Blvd. -It is f.trther understood and agreed by Frederick County that any trips generated by properties hest of Botanical Blvd. ivill not count towards the 14, 000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). The language that relates to "proper consideration" and "discussions concerning consideration" would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning 1/02-03 for 37.5424-1-/- acres zoned B2 (General Business) District and 5 1.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview of the application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested el£rr'i fication on the original proffer and the traffic circle offof Route 37 for the Mcdical Center and if it \would be opened up Im general traffic to improve Route 50. Stal'I' stated that there \vcrc limitations placed oil this access by the Commonwealth Transportation Board 1m this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer anlendincrit and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. Staff then provided an overview of the application and stated that this anlendnlent only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count to\vard the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification oil the access from Botanical Boulevard to the adjacent properties and \vhether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning application at the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning Rezoning #i06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 8 a])pllCatlon would be reconsidered at a Illtul•C 111CCting. BOARD OF SUI3EIZVISORS SUMMARY AND ACTION FROM THE 09/23/20 MELTING: Postponccl to the November 12, 2020 Board ofSupervisors mccting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/12/20 MEETING: Postponed to the December 9, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUNIMARY AND ACTION FROM THE 12/09/20 MEETING: Postponed to the January 27, 2021 Board of'Supervisors meeting. BOARD OF SUPERVISORS SUINII\IARY AND ACTION FROM THE O1/27/21 MEETING: Postponccl to a future meeting date as requested by the Application. Following the public Ineetim , a decision regarding this re7.onillx application bl, the Board of' Supervisors would he appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZONING APPLICATION #06-19 WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: April 20, 2021 Staff Contact: Candice Perkins, AICP, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/11/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Postponed Board of Supervisors: 12/09/20 Postponed Board of Supervisors: 01/27/21 Postponed Board of Supervisors: 04/28/21 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated with Rezoning 402-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/28/21 BOARD OF SUPERVISORS MEETING: At the Board of Supervisors meeting on March 11, 2020, Rezoning #06-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a fixture meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration — the rezoning was then postponed in September, November and December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a proffer and a GDP with a revision date of March 9, 2021. The proffer and GDP incorporate the following text (Staff would note that the proffer statement remains unchanged from the version submitted when the application was postponed on December 9, 2020): 8. The Otivner proffers to convey one.joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. • Such easement shall be in a location directly across fr•orn Marriott Drive. • Such easement shall have a maximum width of fifty feet (SO ). Should the owner•(s) of the properties west of Botanical Blvd require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. • Such easement shall have proper consideration. Tlie Owtter anti the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchangefor Rezoning 1106-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 2 the aforementioned easement conveyance. It is the sole responsibility of the adjoining properly oimer(s) to comply u4th all requirements of Frederick County and II'DOT for permits and all entrance approvals and pe'rrnissions to include, but not be limited to, signalization andlor other items associated with obtaining approval.for such entrance to Botanical Blvd. It is farther understood and agreed by Frederick County that any trips generated by properties west of'Botanical Blvd tivill not count toivards the 14,000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). Tlie language that relates to "proper consideration" and "discussions concerning consideration" would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Application History: • The Plan -ling Commission recommended approval of the application at their December 18, 2019 meeting. • The Board of Supervisors discussed this item on January 8, 2020. At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that was shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22, 2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by adjoining properties. o Following the January 8°i meeting, the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. • The Board of Supervisors at their January 22" d meeting postponed the application to the February 26"' meeting. • The Board of Supervisors at their February 26°i meeting postponed the application to the March 11 "' meeting. • The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. • The Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. The text of the proffers dated April 17, 2020 remained fundamentally urichanged from the original application the Board of Supervisors postponed on January 8, 2020. The April proffer statement and the proffered GDP (dated October 19, 2019, revised April 9, 2020) both contained the following text "Entrance to Botanical Blvd — Entrance to residential use areas shall be granted by Winchester Medical Center after fixture rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County". Also, the properties referenced in this note are no longer residential zoned areas (they were rezoned with Rezoning #08-08 (Botanical Square), subject to proffers), though they presently remain in residential use. • The Board of Supervisors at their September 23, 2020 meeting postponed the application. • On November 12, 2020, the Applicant submitted revised proffers with a final signature date of November 11, 2020. • The Board of Supervisors at their November 12, 2020 meeting postponed the application. Rezoning 1106-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 3 • On December 7, 2020, the Applicant requested that the rezoning be taken off the December 9, 2020 agenda and scheduled for the January 27, 2021 meeting. • On January 26, 2021, the Applicant requested that the rezoning be postponed to a future meeting. • On April 16, 2021, the Applicant submitted a revised proffer and Generalized Development Plan with a revision date of March 9, 2021. Staff would note that the proffer statement remains unchanged from the application postponed on December 9, 2020. Folloiving the public meeting, a decision iwoninga this rezoning application by the Board of S_ upervisors )vould be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #06-19 WINCI-IES"fER MEDICAL CENTER, INC. April 20, 2021 Page 4 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresoh,ed issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/1 1/20 Denied Board of Supervisors: 04/08/20 Denial Rescinded Board of Supervisors: 09/23/20 Postponed Board of Supervisors: 11/12/20 Postponed Board of Supervisors: 12/09/20 Postponed Board of Supervisors: 01/27/21 Postponed Board of Supervisors: 04/28/21 Pending PROPOSAL: This is a proposed proffer amendment for revisions to the approved Generalized Development Plan (GDP) and text associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: B2 (General Business) East: N/A Interstate West: RA (Rural Areas) B2 (General Business) Use: Agricultural Use: Commercial Use: Route 37 Use: Agricultural, Residential Vacant Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. April 20, 2021 Page 5 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Carpus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "Tile Applicant shall design and C011St1'r1Ct all roads oil the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOT's comment, the .Applicant has referenced the Commonwealth Transhorlation Board's "Right of Uay and Limited Access Control Changes Route 37 and Campus Boulevard Interchange " approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Please see email dated April 19, 2021. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester City Quadrangle) identified the site as being zoned A-2 (Agricultural General). 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. On February 12, 1997, the Board of Supervisors approved Rezoning #06-96 which rezoned 51.054 acres of the site from the RA (Rural Areas) District to the B2 (General Business) District. On April 9, 2003, Rezoning #02-03 was approved which rezoned 102.0216 acres from the RA and B2 Districts to the B2 and MS (Medical Support) Districts with proffers (the area approved with Rezoning #06-97 was included with Rezoning #02-03). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the fixture growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to Rezoning #06-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 6 plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. 3) Proffers At the Board of Supervisors meeting on March 11, 2020, Rezoning 406-19 was denied. The Board of Supervisors then rescinded this denial on April 8, 2020 to enable the application to be reconsidered at a fixture meeting. Following the April 8, 2020 meeting, the Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration — the rezoning was then postponed in September, November and December of 2020 and January of 2021. On April 16, 2021, the Applicant submitted a revised proffer and a GDP with a revision date of March 9, 2021. The revised proffer and GDP incorporate the following text (Staff would note that the proffer statement remains unchanged from version submitted for the December 2020 agenda): 8. The Owner proffer's to C017vL'y 011('JOir1l aCCeSS and utility 8[r.Ser11er1t CO Botanical Blvd f01' the properties ivest of Botanical Blvd. -Such easement shall be in a location directly across fi'orrr Marriott Drive. -Such easement shall have a maximum ividlh of fifty feet (50 ). Should the owners) of the properties hest of Botanical Blvd require any additional properly from the Orvner, such adjoining property oivner(s) ivould need to obtain approval and agreements from the Oivner. -Such easement shall have proper consideration. The Owner and the owners of the arljoiltifrg properties are currently in discussions concerning consideration to be given in e_vchange for the aforementioned easement conveyance. -It is the sole responsibility ofthe adjoiningproperly oivner(s) to comply with all requirements of Frederick County and VDOT,for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other itenis associated with obtaining approval for such entrance to Botanical Blvd. -It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14, 000 TPD limit currently placed on the subject property. Staff would note that portions of this proffer are not enforceable by Frederick County (see the bold text above). The language that relates to "proper consideration" and "discussions concerning consideration" would only concern private negotiations and agreements between the Winchester Medical Center and the properties west of Botanical Blvd. Rezoning #06-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview of the application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 ror the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning 402-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned NIS (Medical Support) District. Staff then provided an overview of the application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Boulevard to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 01/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 03/11/20 MEETING: The Board of Supervisors denied the rezoning application at the March 11, 2020 meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/08/20 MEETING: The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning Rezoning 406-19 WINCI-IESTER MEDICAL CENTER, INC. April 20, 2021 Page 8 application would be reconsidered at a future meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 09/23/20 MEETING: Postponed to the November 12, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 11/12/20 MEETING: Postponed to the December 9, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 12/09/20 MEETING: Postponed to the January 27, 2021 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/27/21 MEETING: Postponed to a fixture meeting date as requested by the Application. Following the public meeting, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 and 03-09-21 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in general conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B 2 tractentire 82.1212 acre portion of Tax Parcel 53-A-68 will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Pla The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in general conformity with the Generalized Plan of Development, dated 10-18-19 and last revised 03-09-21, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (42) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn - 200 feet with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (47) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map -Parcels 53-A-68 and 53-A-68A, -68B, -68C, -68D and -68E-inc-fuding parcels A, '�S, and -his not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner preffehas conveyed one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. S ,rh easement shall he i a loGatinn direF$���,� 'otzte Drive. C, Gh easement shall have ama*��m ��'dtllh`ef fifty feet /50-n). of-the--preper-ties west of Botani.4d4ienal preper� y- re-m the 9wner-,-suc-h-adjoining-pr-eper-ty-owner{ -weuE a(Ueerne.itc from the f1w-rnie-. 2 Suc14--ea3ernent-shall-#gave-yrepee c-eRsider-atien. The-Owner�n"-ie-ew-ner3-of-the adjoining-proper-ties-are-c-ur-r-entty-ire-disc-u-ssions cencemmg-consideration to be g4ve44 in-excha+Rge-fer-the-aferen}erFtiened-easement conveyance. - It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 03-09-21 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. 3 The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Imaact of DevelODmen The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker Signature: Title: VP, Facilities Management and Safety Date: STATE OF VIRGINIA, AT LARGE CITY/COUNTY of To -wit: The foregoing instrument was acknowledged before me this day of , 2021, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public 4 2 3 5 6 I 9 �,�.—y �' . '\_-�--. i"i� - -=-. t f" lit ,Fl ../•—�� '.E - .:y-1� _ "r��+ •\�% lei ♦; r• J EASTBOUND _ WESTBOUND -- 50' LANDSCAPE BUFFER 1 j PARKING __LANDSCAPE_ BUILDING » DRIVE _ - - ROUTE 50 ROW LANE -. scolllil - A! The Owner proffers to convey one pint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. / Such easement shall be in a location directly across from Marriott Drive 1 - Such easement shot have a maximum width of fifty feet (50') Should the owner(s) of the properties west of "an" BWdrequire any additional property from the Owner, such a��dning �petty owner(s) would need to obtain approval and agfeements rom tFe Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the aforementioned easement conveyance. It is the sole responsibility of the adjorm Operty owners) t , comply with all reWirements oT Frederick County andT for permits and all entrance approvals and permnsi°ns to include, but rqt be limited to, si8nahzatron and/or other items associated with obta,mng approval for such entrance to Botanical Blvd. his furtt!+understood and agreed by Frederick County that any tops ggenerated by proPMrI west of Botanical Blvd will not count towards the Ia.000 TPO krr,R currenty placed on the wbrect property. DRIVE LANE WINCHESTER MEDICAL CENTER WEST CAMPUS I RL LJL RI, K_ , h:l !A Z ;. W LLI t - ` p 0 0 a - z z u > w a 0 _ 0m 13 i NMa tc u LL.J $ o I I Q 6 TIER Z. BUFFEN IOFf'� r A SbGNA IZAMIN aGlifBEM MILL BE �'"•--' - P4JNCfD WftN VOOTFOR TNSINTETLSECT1Qv- i � �� •` Ar VTE plM! ST0 OF T- OENELOPIETIT \ .3W AC. NORTH Of F�-,_1•r:u ZONlX6 LINE. OWNED BY i \ NOTL HEALTH BUT PRELIMINARY ISSUE dy P4 ',� - �. �✓ ,i. \ NOT REZONING INCLUDED IN � REZONING NOT FOR CONSTRUCTION `•+' IONS SiuAWwa1FR WM GEWNT _� 2.20 REVISION TO ADD NOTI +• ,s\ 1°"- I f° - ' ...=3.20 REVISION TO ADD NnTI M67 INCLUDED i \ -V 12-20 REMED NOTE IN REZONING V n-09-21 STREET LABEL AA �:. SUMAGE_VFTI.p _ 1 * •/ DATE 10-18.19 vxauTY STORSNUTEA - PROJECT N. 7767-2 MANAGEMENT E AREA-1lQL ,Nr�urun -- Fatarn al ,, l(PJCLIENT No. 110547 - DEAE, II _____NTERCH _ - � lxpXEC�E� --------------------------------------`---- ---------------.---------------------- _ ,:AIF ,• 200' WINCHESTER GENERALIZED MEDICAL PLAN OF CENTER. I. DEVELOPMENT :i .f J i fit. ti 1 3 4 5 6 7 d 9 10 OATE (� I RECEIVED FROMQ cl ADDRESS `v' N) 6 FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE T 1�/\� CHECK PAID ll� MONEY DU ORDER RECEIPT 681405 y $ ,or BY ®2001 RgPFO M S1657N CL • May 7, 2021 Thomas Moore Lawson,P.C. Of Counsel -Williams Mullen P.O. Box 2740 Winchester, VA 22604 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: REZONING #06-19 WINCHESTER MEDICAL CENTER - PIN: 53-A-68 Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 28, 2021. The above -referenced application was approved for revisions to the proffered Generalized Development Plan and proffered text which were approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The subject property is on the northern side of Route 50 West and west of Route 37in the Gainesboro Magisterial District and is identified by Property Identification Number (PIN) 53-A-68. The proffer statement originally dated January 14, 2020, with a final revision date of April 28, 2021, that was approved as a part of this rezoning application are unique to the above referenced property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney has submitted the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: J. Douglas McCarthy, Supervisor Gainesboro District Charles E. Triplett and Kevin Kenney, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue WMC, Mark Baker 1836 Amherst St. Winchester, VA 22601 Valley Engineering, Daniel Michael, 4901 Crowe Dr., Mount Crawford, VA 22841 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 l � e � e a to cJ 1 ?� � V ? �` Cv eai ' c AS i a oa -1 �.3 $ "p p" SSA o�yy 2 ors° ro o� C4 S b ri obi Vj� t Y O 4i e e io 7 WINCHESTER MEDICAL CENTER WEST CAMPUS PREUW WY ISSUE NOT FOR CONSTRUC'ION RErvcm �m 01-22-20 R ECT 1 SClri '-F GENERALIZED PLAN OF DEVELOPMENT a ET NO 2 • • THOMAS MOORF LAWSON5 P.C. *OF COUNSEL - WILUAMS MULLEN 120 EXETER DRrvE, SUIT[ 200 POST OFFICE BOX 2740 WINCHESTER, NIA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 April 16, 2021 Candice Perkins, AICP, CZA, Assistant Director Department of Planning and Development Frederick County, Virginia 107 North Kent Street North Building, 2nd Floor Winchester, VA 22601 VIA E-MAIL Dear Candice: *THOMAS MOORE LAWSON - TLA%Y5QV 47LSP1,C.CQM Re: Rezoning Application $$06-19-Winchester Medical Center Our File No. 1376.001 Enclosed please find a revised Generalized Development Plan and revised Proffers reflecting the revision date of the GDP for the above -referenced rezoning application for consideration by the Board of Supervisors. This is also a request that this matter be placed on the agenda for the April 281h Board of Supervisors meeting. Thank you for your assistance and cooperation. If you have any questions, please do not hesitate to contact me. Very )rely yours, 7T'hoaje son TML:jk Enclosures cc: Winchester Medical Center • • REZONING REQUEST PROFFER Property Identification Number S3-((A))-68 Revised 01-14-20 and 03-09-21 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06.19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in general conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in general conformity with the Generalized Plan of Development, dated 10-18-19 and last revised 03-09-21, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: At U.S. Route SO/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. S. A traffic signal will be provided at U.S. Route SO and VA Route 317 intersection. (#S) 6. An additional left turn lane will be provided on U.S. Route SO for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (0) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route SO to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive. Such easement shall have a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the aforementioned easement conveyance. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals 2 • • and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 03-09-21 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. 3 • Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route SO in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker Signature: Title: VP, Facilities Management and Safety Date: STATE OF VIRGINIA, AT LARGE CITY/COUNTY of To -wit: The foregoing instrument was acknowledged before me this day of , 2021, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public 4 r I a'.�Y2sayngaa 39�'_v"p9w 3'Y 3�„ S"o WR':�R R2 �._zo _ 1 P,ZT; — - � I \ • 1 - 1= 1 1 1 \ ~gym o gF:S G m $�� �$ VALLEY ENGINEERING I m -V z _ ? e u, YFAS YAYE PFAI (n C) K z -► 0Z D pr - a q gi oo"�Dmn(n rE�evHori � '. "r+ar+ow is of �.aaxn > � m mT N boo ....�..A.wa.�.. -0� r-4 0 0 0 THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 ExETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665.0050 FACSIMILE: (540) 722-4051 April 16, 2021 Candice Perkins, AICP, CZA, Assistant Director Department of Planning and Development Frederick County, Virginia 107 North Kent Street North Building, 2"d Floor Winchester, VA 22601 VIA E-MAIL Dear Candice: *THOMAS MOORE LAWSON • TLAWSONCa UMC.COM Re: Rezoning Application #06-19-Winchester Medical Center Our File No. 1376.001 Enclosed please find a revised Generalized Development Plan and revised Proffers reflecting the revision date of the GDP for the above -referenced rezoning application for consideration by the Board of Supervisors. This is also a request that this matter be placed on the agenda for the April 28`h Board of Supervisors meeting. Thank you for your assistance and cooperation. If you have any questions, please do not hesitate to contact me. TML:jk Enclosures cc: Winchester Medical Center Very �ruly yours, s C e son REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 and 03-09-21 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in general conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in general conformity with the Generalized Plan of Development, dated 10-18-19 and last revised 03-09-21, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive. Such easement shall have a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. - Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the aforementioned easement conveyance. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals 2 and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 03-09-21 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route SO frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route S0. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within SO' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. 3 e,,) • Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89,5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker Signature: Title: VP, Facilities Management and Safety Date: STATE OF VIRGINIA, AT LARGE CITY/COUNTY of To -wit: The foregoing instrument was acknowledged before me this day of 2021, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public 4 • • THOMAS MOORE LAWSON, P.C. *OF COUNSF1. - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 November 12, 2020 Charles S. DeHaven, Jr., Chairman At -Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells, Opequon Supervisor Blaine P. Dunn, Red Bud Supervisor David D. Stegmaier, Shawnee Supervisor Judith McCann -Slaughter, Stonewall Supervisor Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 VIA E-MAIL 'THOMAS MOORE LAWSON • TLMVSONYu1LSrLC.COM Re: Rezoning #06-19-Winchester Medical Center Our File No. 1376.001 Dear Ms. McCann -Slaughter and Gentlemen: Like you, we have received Bill Shmidheiser's letter of November 10, 2020 which apparently was in response to a memo that I sent to counsel about the upcoming Board of Supervisors hearing, providing suggested proffer language and inviting a call to discuss the same. The net of Mr. Shmidheiser's letter confirms that there have been discussions between Winchester Medical Center and Mrs. Johnson and Mrs. Turner and their representatives to include civil engineers. While we are not clear as to why issues between adjoining property owners are the subject of Winchester Medical Center's Proffer Amendment, Winchester Medical Center continues to demonstrate its good faith by meeting and working with the adjoining property owners. For the County's file and for your direct attention, I enclose a fully executed revised Proffer Statement which confirms in Paragraph 8 starting on page 2 the granting of an access casement, the location of it being directly across from Marriott Drive and also reciting terms that we believe to be in agreement and/or the subject of ongoing discussions and meetings to include the fact that any vehicles coming from the Johnson -Turner properties will not be counted against Winchester Medical Center's 14,000 trip cap. As the letters written by me and Mr. Shmidheiser state, there remain other items that will be discussed in future meetings, but again we do not understand how these items should be the subject of Frederick County's or the Board of Supervisors' consideration. Frederick County Board of Supervisors November 12, 2020 Page 2 This matter of the Winchester Medical Center Proffer Amendment is on the Board of Supervisors' agenda for this evening. We would respectfully request that the Board of Supervisors grant the Proffer Amendment. Thank you for your assistance and cooperation. As always, if you have any questions, please do not hesitate to contact me. Very tduly yours, Tho UG se wson TML:jk Enclosure cc: Winchester Medical Center Mike Ruddy, AICP, Director of Planning & Development Candice Perkins, AICP, CZA, Assistant Director Roderick B. Williams, County Attorney • • REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 and 11-12-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 19S0, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in general conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in general conformity with the Generalized Plan of Development, dated 10.18-19 and last revised 11-12-20, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (q2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (q3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (tf4) as follows: At U.S. Route SO/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S. SO/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. S. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route SO/VA Route 37 eastern signal. (q6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route SO to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive. Such easement shall have a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. Such easement shall have proper consideration. The Owner and the owners of the adjoining properties are currently in discussions concerning consideration to be given in exchange for the aforementioned easement conveyance. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals 2 • and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 11-12-20 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#f8). Internal parking, travel ways and commercial structures shall not extend closer than SO' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#f9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. 3 • • Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route SO in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $S,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $3S,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker Sign ure: Title: VP, Facilities Management and Safety Date: l[ — % L — 7-0 STATE OF VIRGINIA AT LARGE CITY/COUNTY of �IL6 0eiUC JC To -wit: The foregoing instrument was acknowledged before me this 04< day of POVQ11116-�J�L- , 2020, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public '% 4S 2 %_Ick r� Tina Marie Laing NOTARY PU©LIC REG. 0 785262D COMMONWEALTH OF VIRGINIA COMMISSION EXPIRES D$Owlb,r g1 2023 4 4 2 3 4 E K �t [ EASTBOUND _ WESTBOUND i T_ ROUTE So_�.__-__ ROW 6 6 I 7 I S I 9 10 :k [ LANDSCAPE BUFFER PARKRJG $ANDSCAPE*-oI B E DINE _ LA :. �`ne'�.: i of eoia�;IneNe m ac ana m�lm eniemana ro Bnnmol Bwe. ro SucF easement ixall be In a locauan d'uertly across from Marrrost Orrve. - sod,e,semem sn,lllNYenma.lmum wdtF of nn, reetrcsD'1. snoele t� D�nolil of the Dro en feot,nwlepaa. eao� a vneeniowl ocenY Irom the rts�cn a'alo�nm�Drol>arry o.negil woule oeee m bt In aDDroval ana agreeme� hom�r0 on�rTirc Ovmerand Ina owners - Such easement still Fave pro G / �ons�tle aliion to ne D`mes,re�L�en for �n atoreineni�o ea ea,emern given �n ea nge / ostM`sok rezponsibll ry of the aeloini�8p �Vperm tsa ali reopV Iremen;r of [retlerrtk County anE VDOi Inr rlslyd all en incex anJa15aM permissons to indutle 0 toot be limited lo. siµ aFaation /or asM1er ta ning aopiaval for suds enlnna;o Botanwl BNe XX rsfurlIId D� onoEefan st ol"aBatanlul BlVE M�lunoi count) laNstM1e 14W"D Ism, currenx-W—d un;Fe zubjeat property. WINCHESTER MEDICAL CENTER WEST CAMPUS O Z z Z 5 78 of w Will "! �: Q S pwx[D[BY u1nM1 1" � i � vaLLFY GLix BUi f \'• ,. \ s� . ROT KLUDED PRELIMINARY ISSUE % # O ' / ttI 1 zoxlxc NOT FOR CONSTRUCTION __ v 04-02-20 RENSIONTOADDNOTE -2320 REMSION TO ADD NOTE 11 -2-20 RENSEDNOTE aatwrv� / DAM IPI&19 " va� ro I� , � PROTECT No.: 778]-2 EKPdWENTNo. w 10-7 IaLL� T_ SCALE: I': t WINCHESTER GENERALIZED MEDICAL �� PLAN OF CENTER DEVELOPMENT ' 4 5 6 7 8 0 10 I 2 3 a 5 6 7 6 9 10 L K J EASTBOUND 1 D.2p, OTC r t PARKING LANDSCAPE BUILDING i LDE �DRNE LAP �1�izzu, • The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for the properbes west of Botanical BIW. Such easement shall be in a location directly across from Marriott Drive. Such easement shall have a maximum width of fifty feet (SO'j. Should the • owner(z) of the properties west of Botanical Blvd. require any additional property from the owner, such adjoining property ownerls) would need to - obtain approval and agreements from the Owner. Such easement shall have proper consideration. The owner and the owners of the adjoining properties are curtently in discussions concerning consideration to be given in exchange for the aforementioned easement / conveyance. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick Count and VDOT for permits and all entrance approvals and permissions to ,n I. a but not be limited to, signalitation and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property _____ ' ZONING DISTRICT c= BUFFER 25 INACTNE BUFFER,OPEN Si>AC'E4� A SIGNAIJ7ATIONAGREEMENT WILL BE ' I r D ^ PROVIDED VAT. VUOt FOfl THIS rNTERSEI N- `, i AT SITE in.AN STAGE OF THIS DE"ELOFR.eENr - \ E J 1P -vdav WC r� - i!_FERATIONHUFl?R m $ SiORMWATER a1\ tb MANAGEMENT Roatll FAGDTY- 16 i _ 1E REA NOT INCLUDED C" I i D IN REZONING ate• = .�. rvsle roan ecra o I L I � \ �� STO i 1q o TER MANAGEMENT \ MANAGEMENT ,�'♦ - _ FACILITY STORMWATER MANAGEMENT ICIUT AREA NOT INIMULD I NI _ m m _____________________________________ _ 7 WINCHESTER MEDICAL CENTER % t _ z 3 4 5 6 7 9 WINCHESTER MEDICAL CENTER WEST CAMPUS FREDEPoCK COUNTY. VA (J Z e W o _ W o^ (709 kf m u>mc m z k•B 0 0 w M o���a r a Z D x } .mau Z mu ' W a:Z W,, Ia J a J U Q .38M AC, NORTH OF ZONING LINE. OWNED BY VALLEY HEALTH BUT NOT INCLUDED IN PRELIMINARY ISSUE REZONING NOT FOR CONSTRUCTICI. REVISIONS l�\ 04-02-20 REVISION TO 4DD NOTE 06-23-20 REVISION TO ADD NOTE 11-12-20 REVISED NOTE DATE 10AH-19 PROJECT No.: 7767-2 EXPJCUENT No.: 110547 INTER � O�PAUENNT- PRECINCT — SCALE: 1'=200' GENERALIZED PLAN OF DEVELOPMENT SHEET NO 10 L.J 0 THOMAS MOORE LAWSONN, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FAcsIn1ILE: (540)122-4051 September 23, 2020 Charles S. DeHaven, Jr., Chairman At -Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells, Opequon Supervisor Blaine P. Dunn, Red Bud Supervisor Gene Fisher, Shawnee Supervisor Judith McCann -Slaughter, Stonewall Supervisor Frederick County Board of Supervisors 107 North Kent Street Winchester, VA 22601 VIA E-MAIL "THOMAS MOORE LAWSON-TLAWSONALSPLC.COA1 Re: Rezoning #06-19-Winchester Medical Center Our File No. 1376.001 Dear Ms. McCann -Slaughter and Gentlemen: As you know, I represent Winchester Medical Center with regard to the above -referenced rezoning proffer amendment. After learning that this matter was scheduled for the September 23, 2020 Board of Supervisors hearing and after consulting with Staff, we did write a letter dated September 18, 2020 requesting this matter be tabled. The undersigned was advised that the sole reason this was added to the Board of Supervisors' agenda was to not run afoul of Virginia Code Sec. 15.2-2286(A)(7) and County Code Sec. 165-102.04, which requires action within a year unless the Applicant requests an extension. Also, as the Board is aware and this will confirm, Winchester Medical Center and its representatives have had meetings with representatives of Ms. Johnson and Ms. Turner; the most recent of which was a conference call held on September 18, 2020. In fact, during that call not only was there a discussion of the requested easements which include a 140-foot long construction easement and a permanent easement, which is 92.5-feet wide at its connection to Botanical Boulevard, tapering to 40.32-feet wide at CRT Properties, LLC's property line, but also which provides for construction easements and permanent easements at both the north and south ends of the Winchester Medical Center property, neither of which have anything to do with access. Nevertheless, representatives of Winchester Medical Center advised attorneys for Ms. Johnson and Ms. Turner first that there had been a request to table this matter until, at the Frederick County Board of Supervisors September 23, 2020 Page 2 earliest, the Board of Supervisors' second meeting in October, and secondly that Winchester Medical Center would continue in good faith to work with the neighbors to reach an agreement for reasonable access. As this Board will recall, the prior draft proffer amendment provided for a 50-foot wide access. Said 50-foot access was deemed to provide more than sufficient width to install three lanes of access, curb, gutter and, if required as part of the design, sidewalks. To the representative of Winchester Medical Center it was believed that the telephone conference which occurred on September 18, 2020 was well received by all parties and there was an agreement to continue discussions going forward. Much to Winchester Medical Center's surprise, the letter dated September 21, 2020 was sent by attorneys representing Ms. Johnson and Ms. Turner to members of the Frederick County Board of Supervisors and Planning Staff. The letter further states in its conclusion that (1) "Johnson and CRT Parcels have a "by -right" right of free access to Botanical Boulevard"; (2) the commercial access for the Johnson and CRT Parcels "is onto and via Botanical Boulevard"; and (3) Winchester Medical Center is "legally committed and obligated to provide access to Botanical Boulevard consistent with the current B-2 rezoning of the Johnson and CRT Parcels." The letter goes on further asking that the Frederick County Board of Supervisors confirm the above asserted legal rights. When it is heard, what will be before the Board of Supervisors is Winchester Medical Center's minor proffer amendment, which is a legislative process that is permitted under the Frederick County Code and Virginia Code. Contrary to what is asserted by the attorneys representing Ms. Johnson and Ms. Turner, the Board of Supervisors is not impaneled to make rulings on a party's legal rights. Winchester Medical Center does certainly appreciate the enthusiasm exhibited by Ms. Johnson and Ms. Turner and their attorneys, and remains committed to working with its neighbors. We would hope that the same focus and spirit of cooperation will be extended by our neighbors. Thank you for your attention to these ly your: Y,/- Moore TML:atd cc: Winchester Medical Center Mike Ruddy, AICP, Director of Planning & Development Candice Perkins, AICP, CZA, Assistant Director Roderick B. Williams, County Attorney H. Edmunds Coleman,111, Esquire Bill Shmidheiser, Esquire 0 • I1. Edmunds Coleman, III VL4 E-MAIL BRYAN & COLEMAN, P.L.C. Attorneys at Law 118 South Braddock Street Winchester, VA 22601 September 21, 2020 To The Members of The Frederick County Board of Supervisors: Charles S. DeHaven, Jr., Chairman At -Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells, Opequon Supervisor Blaine P. Dunn, Red Bud Supervisor Gene Fisher, Shawnee Supervisor Judith McCann -Slaughter, Stonewall Supervisor Roderick Williams, Esquire, County Attorney Candice Perkins, AICP, CZA, Assistant Director Mike Ruddy, Director of Planning & Development Tel: (540) 545-4172 Fax: (540) 545-4173 Email: edscoleman@edscolemanlaw.coni <chdeliaven@cva.us> <shawn. graber@fcva.us> <dmccarthy@fcva.us> <nvells@fcva.us> <bdwin@fcva.us> <gfisher@fcva.us>;<gfislter@su.edu> <j slaughter@fcva.us> <nvillia@fcva.us> <cperkins@fcva.us> <mruddy@fcva.us> Re: SEPTEM 3ER 23, 2020 BOS MEETING: Right of Access To Botanical Boulevard By Adjoining Properties/REZONING APPLICATION #06-19 — Winchester Medical Center, Ine. — Adjoining Property Owners Nancy R. Johnson Parcels / TMP #53-A-75; 53-A-76; and 53-A-77 and CRT Properties, LLC / TMP #53-A-74 Dear Ladies and Gentlemen: I. REPRESENTATION: I represent Nancy R. Johnson, owner of the three Tax Map Parcels noted above, which adjoin Botanical Boulevard on the West. Bill Shmidheiser represents Carolyn Turner/CRT Properties, LLC, owner of TMP #53-A-74. Mrs. Johnson's Parcels and the CRT Properties' Parcel were rezoned to B-2 in 2008 (the `Botanical Square Properties Rezoning"). This letter is submitted in addition to, and in supplementation of, Bill Slunidheiser's January 15, 2020 letter with various attachments (presented on behalf of CRT Properties) and my January 22, 2020 letter. 11. HISTORY OF APPLICATION #06-19: Winchester Medical Center's Rezoning Application #06-19 is a proposed "minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP)" associated with Rezoning 402-03, with the Medical Center proposing to remove uses shown on the proffered GDP and to remove a proffer regarding landscape design features related to the Medical Center's internal road systern. Board of Supervisors September 21, 2020 Page 2 Mrs. Johnson and CRT Properties are not concerned about the requested revisions to the Medical Center's plans and proffers for the development of their own property, but rather, in order to assure access, they request that the Medical Center's revised proffers be further changed to address the granting of access and to confirm that the "future contingencies" trig -ering such access were satisfied in 2008 all as set forth in this letter. The September 15, 2020 Staff Report for the Board's September 23 Meeting notes the following as part of the "Application History": The Board of Supervisors discussed this item on January 8, 2020, At this meeting, questions arose about Botanical Boulevard and access by adjoining properties that were shown on the approved MDP for this development. The Board postponed action on the amendment until the January 22, 2020 meeting to allow the Applicant to provide clarification on access to Botanical Boulevard by, adjoining properties. [emphasis added] The March 4, 2020 Staff Report prepared for the Board's March 11, 2020 Meeting noted that on January 8, 2020 "The Board postponed action on the item until January 22, 2020 to allow the applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold." [emphasis added] o Following the January 8t' meeting, the Applicant removed all references on the GDP for access for the adjacent property to Botanical Boulevard. The Board of Supervisors denied the rezoning at the March 11, 2020 meeting. The Minutes of the Board's March 11, 2020 Meeting reflect Applicant's counsel Mr. Lawson's comments that whether access would be granted to the Johnson and CRT Parcels, and whether there would be any monetary charge therefore, are "decisions" which "would be made by the Medical Center Board based on the specifics of the Request." [emphasis added] • The Board of Supervisors rescinded the vote for denial at the April 8, 2020 meeting and the rezoning application would be reconsidered at a future meeting. Johnson and CRT, without firsthand or participatory knowledge, understand such rescission derived from discussions between the County and the Medical Center about the Medical Center actually granting access for the Johnson and CRT Parcels. [emphasis added] Applicant submitted revised proffers with a final signature date of April 17, 2020 for consideration. o The text of the proffers dated April 17, 2020 remains fundamentally unchanged. The April proffer statement (see proffer 8) and the proffered GPD (dated October 19, 2019, revised April 9, 2020) both contain the following text "Entrance to Botanical Blvd — Entrance to residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis and proffers for these areas are approved by VDOT and Frederick County". [emphasis added] o The properties referenced in this note are no longer residential use areas as they were rezoned with Rezoning #08-08 (Botanical Square) an impact analysis and proffer were created which were approved by both VDOT and Frederick County. It is • Board of Supervisors September 21, 2020 Page 3 unclear why the note remains unchanged as these items listed have already been completed. [emphasis added] III. ACCESS BACKGROUND: The Medical Center's Final Master Plan revised 6/24/04 for "Winchester Medical Center II," plus Medical Center Deeds of Dedication recorded May of 2008 as Instrument Nos. 080006461 and 080006462, all specifically state: "ENTRANCE TO RESIDENTIAL USE AREAS SHALL BE GRANTED BY WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION, TRANSPORATION IMPACT ANALYSIS AND PROFFERS FORTH ESE AREAS ARE APPROVED BY VDOT AND FREDERICK COUNTY." [emphasis added] As the September 15, 2020 Staff Report confirms, the "RESIDENTIAL USE AREAS" referred to above are the Johnson and CRT Parcels which were rezoned in 2008 (Rezoning #08-08), with approved "IMPACT ANALYSIS AND PROFFERS." The Proffers for the Botanical Square Properties Rezoning (which incorporated the Generalized Development Plan for the Johnson and CRT Parcels) include the potential provision of future traffic signalization (if required by VDOT) or a cash payment in lieu thereof. Thus, the stated conditions precedent for the granting of the access and "ENTRANCE" have been satisfied since 2008. The 2008 Deed of Dedication recorded as Instrument No. 080006461 (and referenced above) accomplished the Medical Center's dedication of Botanical Boulevard to Frederick County as a public road and created a private easement designated as Marriott Drive as a road intersecting Botanical Boulevard from the East. During the March 11, 2020 Board Meeting, Applicant's counsel Mr. Lawson confirmed to the Board that there is no question but that access to Botanical Boulevard for the Johnson and CRT Parcels is to be granted by the Medical Center; that file location is established (directly opposite from Marriott Drive which intersects Botanical Boulevard from the East); and that the point of potential future signalization is also established (i.e., at the Botanical-MalTlot intersection). During such March 11 Meeting, Mr. Lawson advised the Board that both the right to, and the location of, access is established "in the record," and that such "record" documents make no reference to the Medical Center being paid any compensation for such access. During the March I 1 Board Meeting, Mr. Lawson also suggested that the owners of the Johnson and CRT Parcels were not certain what width of access would be required. Subsequently, representatives of the Medical Center and of Mrs. Johnson and CRT conferred with each other on the issue of access. The Medical Center expressed its understandable concern that it wanted definition of where the access would be, the width of the access, etc. It was determined that engineers for the Medical Center and for Mrs. Johnson and CRT would confer. Based largely upon such discussion among the engineers, Mrs. Johnson and CRT authorized their engineer, Painter -Lewis, PLC, to prepare a proposed Easements Plat showing the exact requisite temporary easements for construction of drainage facilities, utilities and access and a permanent easement for access. Further, Mrs. Johnson and CRT have had their counsel prepare a proposed Deed of Easements, incorporating the Easements Plat, for the granting of the easements by the Medical Center to Mrs. Johnson and CRT. Board of Supervisors September 21, 2020 Page 4 Attached hereto as cumulative Exhibit 1 find the Deed of Easements and proposed Easements Plat providing for three (3) Temporary Construction Easements and a Permanent Access Easement for access to the Johnson and CRT Parcels. The "Proposed Permanent Access Easement," shown within the "160' X 40' Temporary Construction Easement" on Sheet 3 of the Easements Plat, is essentially a mirror image of the flared access existing for Marriott Drive (situate on the East side of Botanical Boulevard) and is located within the existing buffer area West of Botanical Boulevard. The Deed of Easements and the Easements Plat (Exhibit 1) was recently submitted to the Medical Center, and we understand the Deed and Plat are being considered by the Medical Center Board. If signed by the Medical Center and recorded, such Deed of Easements and Easements Plat will resolve the access issues for the Johnson and CRT Parcels. Today, as was the case in 2004, the sole means of access to the Johnson and CRT Parcels is via Echo Lane. The Minutes of the BOS June 9, 2004 Meeting (copies were attached to, and commented upon in, Bill Slunidlieiser's January 15, 2020 letter) reflect that Winchester Medical Center's Final Master Development Plan/MDP #06-04 provided for the "closure" of Echo Lane for commercial use, so that Echo Lane would not carry commercial traffic parallel to the major/public collector road of Botanical Boulevard. Thus, such MDP provided that the Medical Center would not deny access to Botanical Drive by the Johnson and CRT Parcels once these Parcels were rezoned. Botanical Boulevard was built, and access thereto was assured, in consideration of and in exchange for the barring of the business use of Echo Lane. Botanical Boulevard, therefore, is the sole means of commercial access to the Johnson and CRT Parcels. IV. CONCLUSION: As the history (specifically including the revised Proffers with final signature date of April 17, 2020) of Application 406-19 reflects, the Medical Center's commitment to providing access to the Johnson and CRT Parcels continues to remain very much in question. Mrs. Johnson and CRT Properties respectfully assert: 1. Johnson and CRT Parcels have a "by -right" right of free access to Botanical Boulevard. 2. As established by the "history" of the various parcels and the rezonings, proffers, and Deeds of Dedication, the only commercial access permitted for the Johnson and CRT Parcels is onto and via Botanical Boulevard. 3. Winchester Medical Center is legally committed and obligated to provide access to Botanical Boulevard consistent with the current B-2 rezoning of the Johnson and CRT Parcels. Mrs. Johnson and CRT understand that the Medical Center has requested that action on Application 406-19 be deferred and postponed to on or after October 28. Whether or not such postponement is granted, however, Mrs. Johnson and CRT respectfully oppose the approval of Medical Center's Application unless the related proffers are revised to acknowledge and establish the "by -right" right of free access for the Johnson and CRT Parcels to Botanical Boulevard. • • Board of Supervisors September 21, 2020 Page 5 Mrs. Johnson and CRT greatly appreciate your consideration of their concerns. Respectfully submitted, H. Edmunds Coleman, III, Esq. Counsel for Nancy R. Johnson HECHI/clk cc: Thomas Moore Lawson, Esq. (counsel for Winchester Medical Center) Bill Shmidheiser, Esq. (counsel for Carolyn Turner/CRT Properties) Nancy R. Johnson M:Uohnson, Nancy\Rezoning Proffers & Access (Echo Ln & Botanical Blvd)\Ltr to BOS (FINAL) 9-21-20.docx 0 THIS DEED OF EASEMENTS made and dated this day of September, 2020, by WINCHESTER MEDICAL CENTER (formerly known as Winchester Medical Center, Inc.), a Virginia non -stock, non-profit corporation, party of the first part, hereinafter referred to as "Medical Center" (Grantor for indexing purposes); and NANCY R. JOHNSON (also known as Nancy Renner Johnson), hereinafter referred to as "Johnson" and CRT PROPERTIES, LLC, a Virginia limited liability company, hereinafter referred to as "CRT," parties of the second part (cumulatively, Grantees for indexing purposes). RECITALS: R-1. Medical Center is the owner in fee simple of a certain tract of land containing M approximately 89.51 acres, more or less, lying and being situate in Gainesboro r` Magisterial District, Frederick County, Virginia (Frederick County Tax Map No. 53-A- tn 68) [hereinafter the "Medical Center Property"], and being a portion of the land conveyed Q to Medical Center by Instrument No. 00-0012098 in the Office of the Clerk of the Circuit 00 `D d Court of Frederick County, Virginia. By that certain Deed of Dedication dated March 11, `^ o <C 2008, recorded in the aforesaid Clerk's Office as Instrument No. 080006461 (hereinafter zkn b the "Deed of Dedication"), the Medical Center dedicated to the County of Frederick, Virginia the public roadway known as Botanical Boulevard (hereinafter `Botanical Boulevard") as shown and described on the Plat of Survey drawn by Kirk W. Norton, L.S., dated March 20, 2007 attached to and recorded with said Deed of Dedication (hereinafter the "Norton Plat"). R-2. Johnson is the owner in fee simple of three (3) certain tracts of land situate in Gainesboro Magisterial District and adjacent to the West of the Medical Center Property and identified as Frederick County Tax Map Nos. 53-A-75, containing approximately 1.00 acres; 53-A-76, containing approximately 1.00 acres; and 53-A-77, containing approximately 0.84 acres (hereinafter the "Johnson Parcels"). R-3. CRT is the owner in fee simple of a certain tract of land situate in Gainesboro Magisterial District and adjacent to the West of the Medical Center Property and identified as Frederick County Tax,Map No. 53-A-74, containing approximately 1.25 acres (hereinafter the "CRT Parcel"). R-4. The Medical Center Property is subject to, and benefitted by, Master Development Plan #06-04 approved by the Board of Supervisors of the County of Frederick, Virginia June 9, 2004, and the Johnson Parcels and the CRT Parcel are jointly entitled to access to Botanical Boulevard across a portion of the Medical Center Property as evidenced by the following notation appearing on Sheet 4 of the Norton Plat recorded with the Deed of Dedication: "ENTRANCE TO RESIDENTIAL USE AREAS SHALL BE GRANTED BY WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION, TRANSPORTATION IMPACT ANALYSIS AND PROFFERS FOR THOSE AREAS ARE APPROVED BY VDOT AND FREDERICK COUNTY." R-5. The Johnson Parcels and the CRT Parcel, together and jointly, were rezoned from RA (residential use) to B2 (commercial/business use) pursuant to Frederick County Rezoning 08-08 approved by the Frederick County Board of Supervisors on October 22, 2008. R-6. The Medical Center desires to grant to Johnson and CRT, and Johnson and CRT desire to have granted to them for the use and benefit of, respectively, the Johnson Parcels and the CRT Parcel, the easements as described herein. 2 TEMPORARY CONSTRUCTION EASEMENTS NOW, THEREFORE, THIS DEED OF EASEMENTS WITNESSETH: That for and in consideration of the Recitals and of the premises and the benefits that will accrue by reason hereof, and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Medical Center does hereby grant and convey unto Johnson, as an appurtenance to and for the use and benefit of the Johnson Parcels, and unto CRT, as an appurtenance to and for the use and benefit of the CRT Parcel, with general warranty of title, three (3) temporary construction easements being more particularly shown and described as follows: i. that area of land shown and depicted as "PROPOSED 50' X 30' TEMPORARY CONSTRUCTION EASEMENT" on Sheet 2 of the Easement Plat; ii. that area of land shown and depicted as "PROPOSED 160' X 40' TEMPORARY CONSTRUCTION EASEMENT" on Sheets 2 and 3 of the Easement Plat; and iii. that are of land shown and depicted as "PROPOSED TEMPORARY CONSTRUCTION EASEMENT" on Sheet 4 of the Easement Plat on the attached "Plat Showing Nancy R. Johnson/CRT Properties Access Easement & Temporary Construction Easements on the Property at Winchester Medical Center" prepared by David F. Spriggs, L.S. of Painter -Lewis P.L.C. dated September 9, 2020, revised (hereinafter th "Easement Plat"), a copy of which is attached hereto and incorporated herein by reference. Such temporary construction easements are for the purposes of the installation, construction and maintenance of utilities (including water and sewer lines and related facilities and infrastructure), for the purposes of the installation, construction and maintenance of drainage facilities for the channeling, managing and containing surface and stormwater drainage, and (on and within the "PROPOSED 160' X 40' TEMPORARY CONSTRUCTION EASEMENT" only) for the installation, construction and maintenance of a roadway and related infrastructure providing pedestrian and vehicular access to and from the Johnson Parcels and the CRT Parcel from and to Botanical Boulevard. Johnson and CRT, and their respective successors and assigns, and their agents, shall have full and free access to and use of the Temporary Construction Easements, as needed, to enter upon the respective easement areas to the extent necessary for and during the initial construction, installation and laying out of utility lines and related facilities, drainage facilities, and roadway and related facilities, with the right to trim, cut and remove trees, shrubbery, fences, or other obstructions within the Temporary Construction Easement areas which might interfere with the proper efficient use of the Temporary Construction Easement areas for the purposes described herein; provided, however, that Johnson and CRT, at their own expense, shall restore, as nearly as possible, the Temporary Construction Easement areas to their. respective conditions existing prior to the construction activities, including the back -filling of trenches and the re -seeding of grassy areas. Johnson and CRT, jointly and severally, agree to indemnify and hold Medical Center harmless from any and all costs, expenses, liens, encumbrances or charges arising from the use of the Temporary Construction Easements and the rights granted herein to Johnson and CRT. The "PROPOSED 160' X 40' TEMPORARY CONSTRUCTION EASEMENT" is also granted for purposes of the construction and installation of an access road. The temporary construction easements granted hereby shall expire and terminate when the original construction activities within the respective temporary construction easement areas have been completed. At such time(s), as required by the applicable regulatory entities or utility companies and upon request from Johnson and CRT, the Medical Center covenants and agrees that it shall, all to be within the temporary construction easement areas, grant: a. to the Frederick County Sanitation Authority d.b.a Frederick Water a permanent easement for water and sewer lines and related facilities; b. to other affected utility companies or providers permanent utility easements for utility lines and related facilities; and C. to Johnson and CRT permanent easements for the drainage facilities. 4 PERMANENT ACCESS EASEMENT NOW, THEREFORE, FUIZTI-IER WITNESSETH: That for and in consideration of the Recitals and of the premises and the benefits that will accrue by reason hereof, and in consideration of the sum of One Dollar ($1.00) cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Medical Center does hereby grant and convey unto Johnson, as an appurtenance to and for the use and benefit of the Johnson Parcels, and unto CRT, as an appurtenance to and for the use and benefit of the CRT Parcel, with general warranty of title, a permanent non-exclusive ingress/egress easement and right-of-way for vehicular and pedestrian ingress and egress from and to Botanical Boulevard and shown and depicted as "PROPOSED PERMANENT ACCESS EASEMENT" on Sheet 3 of the Easement Plat. The ingress/egress easement and right-of-way granted herein is not presently a public road, is not presently dedicated to public use, and is not to be presently maintained by Frederick County, Virginia or by the Virginia Department of Transportation, and is not presently eligible for inclusion into the Virginia secondary system of state highways. Said ingress/egress easement and right- of-way shall be constructed and maintained by Johnson and CRT, and their respective successors and assigns. Johnson and CRT, as the Grantees, join in the execution of this Deed to acknowledge and accept the easements granted herein and the provisions of this Deed. [SIGNATURE PAGE TO FOLLOW] WITNESS the following signatures and seals: WINCHESTER MEDICAL CENTER, a Virginia non -stock, non-profit corporation By: Name: Title: COMMONWEALTH OF VIRGINIA, City/County of . to -wit: (SEAL) The foregoing instrument was acknowledged before me on the day of 2020, by , in his/her capacity as on behalf of Winchester Medical Center, a Virginia non -stock, non-profit corporation. Notary Public My Commission Expires: Notary Registration No.: • NANCY R. JOHNSON COMMONWEALTH OF VIIZGFNIA City/County of , to -wit: The foregoing instrument was acknowledged before me this day of , 2020, by Nancy R. Johnson. Notary Public My Commission Expires: Notary Registration No.: CRT PROPERTIES, LLC, a Virginia limited liability company By: Name: Title: COMMONWEALTII OF VIRGINIA, City/County of , to -wit: (SEAL) The foregoing instrument was acknowledged before me on the day of 2020, by , in his/her capacity as on belialf of CRT Properties, LLC, a Virginia limited liability company. Notary Public My Commission Expires: Notary Registration No.: K\Johnson, NancylRezoning Proffers & Access (Echo l_n & Botanical Blvd)1Decd of Easements 9-17-20.doex • j x rlrrnu7 Not to Scale OWNER'S CONSENT THE ABOVE AND FOREGOING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, AS APPEARING IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. BYr REPRESENTATIVE FOR VINCHESTER MEDICAL C£NT£R NOTARY PUBLIC STATE OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY: NOTARY PUBLIC MY COMMISSION EXPIRES: CURVE RADIUS ARC LENGTH DELTA CHORD BEARING CHORD IFNGTH C1 50.00 49.79' S7'03'14` S 42'35'59- E 47.76' C2 5D. 10, 49.79' 57'03'14' S 71'10'09" W 47.76' NOTES 1) OWNER: WINCHESTER MEDICAL CENTER; TAX MAP: 53-A-68; ZONED: B2MS , 2020. 2) BOUNDARY INFORMATION HAS BEEN COMPILED FROM EXISTING LAND 'RECORDS AND DOES NOT REPRESENT A BOUNDATY SURVEY BY PAINTER-LEWIS,PLC. 3 A PLAT ENTITLED 'PLAT SHOWING DEDICATION OF EASEMENTS AND RIGHTS OF WAY LOCATED ON THE PROPERTY OF WINCHESTER MEDICAL CENTER, INCY RECORDED AS INSTRUMENT #080006461. 4) THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY. SURVEYOR'S CERTIFICATE I, HEREBY CERTIFY THAT THE LAND SHOWN ON THIS EASEMENT PLAT IS THE SAME LAND CONVEYED TO WINCHESTE MEDICAL CENTER (FORMERLY WINCHESTER MEDICAL CENTER, INC.) AS INSTRUMENT #000012098 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WINCH ESTER MECSICAL CENTER GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PAINTER-LEWIS, P. L, C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Tole: (540)662-5792 — Fax (540)662-5793 Email: ci[ice0painterlewis.com H qr � DAAD F. SPRIGS p LIc. No.001853 Job: #2004028 1 Drawn Sheet: 1 o1 4 9 0 \ \ PROPOSED 160'X40' TEMPORARY CONSTRUCTION EASEMENT \ EX. 20' PRIVATE STORM DRAIN / g EASEMENT INSTR. NANCY RENNER JOHNSON #080006461 TM53—A-75 / ZONED: B2 USE: RESIDENTIAL NANCY R JOHNSON TM53—A-76 ZONED: B2 USE: RESIDENTIAL 50.00 PROPOSED 50'X30' TEMPORARY CONSTRUCTION EASEMENT 26.92' S 88'01'52" 39.62' v� N 75' 4 0 5 W L v S 7542'0'S5" �-- 40A I o N / of I f m3 o m EX. 20' FCSA WATER & SANITARY SEWER EASEMENT / INSTR #080006461 MEDICAL CENTER TM53-A-6 INSTR. #0800 6461 EX. 20' PRIVATE STORM DRAIN EASEMENT INSTR #080006461 \ N 14' 17'05" E 50.00' S 75'42'55" E '✓ 30.00, EX, 20' FCSA NORTHWESTERN PIKE WATER & US ROUTE 50 SANITARY SEWER R—O—W VARIES EASEMENT PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WIN(l_Hl_=STEFt MEE)►ICAL. CENTER GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PAINTER—LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Tele: (640)662-6792 — Fax: (640)662-6793 EmatL• offioe®painterlewis.com r�ce C)"�J DAMD F. SPRIGGS Ltc. No.001853 '��.NO SURV . a Job: #2004028 1 Drawn By. Sheet: 2 of 4 MEDICAL CENTER TM53-A-6 INSTR. #0800 6461 EX. 20' PRIVATE STORM DRAIN EASEMENT INSTR #080006461 \ N 14' 17'05" E 50.00' S 75'42'55" E '✓ 30.00, EX, 20' FCSA NORTHWESTERN PIKE WATER & US ROUTE 50 SANITARY SEWER R—O—W VARIES EASEMENT PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WIN(l_Hl_=STEFt MEE)►ICAL. CENTER GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PAINTER—LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Tele: (640)662-6792 — Fax: (640)662-6793 EmatL• offioe®painterlewis.com r�ce C)"�J DAMD F. SPRIGGS Ltc. No.001853 '��.NO SURV . a Job: #2004028 1 Drawn By. Sheet: 2 of 4 CRT PROPERTIES LLC TM53-A-74 ZONED: B2 USE: RESIDENTIAL PROPOSED PERMANENT ACCESS EASEMENT PROPOSED 160'X40' TEMPORARY CONSTRUCTION EASEMENT CRT PROPERTIES LLC TM53-A-73 WA FcsA ZONED: RA WATERR do SANITARY SEWER USE: RESIDENTIAL EASEMENT �. INSTR. 1 / I #080006461 EX. 20' PRIVATE STORM DRAIN I / EASEMENT INSTR. #0800064AA.�F� 4 N ai rn WINCHESTER /I MEDICAL CENTEf TM53-A-68 o I INSTR. #08000E/461 C S 7542'0'55" E j� 40.0I / MY, UO 0 PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WINCHESTEFt MEDICAL CENTER GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Tole: (640)682-6792 — Fax: (640)662-6793 EmaiL• offioe®painterlewis.com N?" p,LiH c 7 x nAVnn C cooirrc � 0 7,y5 Cy WINCHESTER USe2pN�0 q�q R0, ANC / MEDICAL CENTER TM53-A-68 INSTR. #080006461 FRE p c 0A/ pF Z N� ,q q CAN/'1 4, STRESS :p R,q ''� Er pR RppsE s 4 ESTRI' ti SO/y�d q �p PORARY CONSSTTRUUCCTION EEASEEMEMT S 81'l EX. 20' FCSA 48.00j 4" E WATER & SANITARY SEWER EASEMENT INSTR. /3 3 #080006461 (0ti o WINCHESTER /MEDICAL CENTS ro jb� TM53-A-68 s� 8� � INSTR. #08000 4 S B9 / 2 06 ' f Q J CRT PROPERTIES LLC a / /TM53-A-73 ZONED: RA �, / / 0 1 USE: RESIDENTIAL 3 Jo / EX. 20' FCSA WATER & SANITARY SEWER J EASEMENT INSTR. Wm/ SHEET 3 #080006461 PLAT SHOWING NANCY R. JOHNSON\CRT PROPERTIES ACCESS EASEMENT & TEMPORARY CONSTRUCTION EASEMENTS ON THE PROPERTY OF WIfNCHESTER MEGIICAL CENTER GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22801 Tcle: (640)662-6792 N Fax: (640)662-6793 Email office®painterlewis.eom 1 Job: C 1 ir�'�pLTFI qc. y DAN F. SPRIGGS lic. No.001853 'rN'DSURVE� D4028 I Drawn Sheet_ 4 of 4 0 THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 W►NCIIESTER, VA 22604 TEI.EFIIONE: (540) 665-0050 FACSIMILE: (540)722-4051 September 18, 2020 Roderick B. Williams, Esquire Office of the County Attorney Mike Ruddy, AICP, Director Department of Planning and Development Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Gentlemen: "TIIOMAS MOORE LAWSON • TI.AWSONAI SPI.C.CONI Re: Rezoning #06-19-Winchester Medical Center Our File No. 1376.001 This is a follow-up to my call with Rod Williams and responding to e-mails regarding the above -referenced proffer amendment. This is to confirm that Winchester Medical Center is still working with its neighbor regarding additional language pertaining to a future access. Although very positive discussions have occurred, no final agreement has been reached at this point in time. Accordingly, this is to request on behalf of the Owner that the hearing for the proffer amendment be continued at the earliest to the Board's October 28, 2020 meeting. I understand from my discussion with Rod Williams that with this correspondence, Staff will withdraw the matter from the September 23, 2020 Board of Supervisors agenda and continue the matter to a date that is agreed upon by the parties, but in any event no earlier than October 28 h. Thank you for your continued assistance and cooperation. If you have any questions, or if anything further is required to reschedule this matter, please contact me immediately. V TML:atd cc: Valley Health System Moore Lawson • COUNTY of FREDIERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 13, 2020 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.O. Box 2740 Winchester, VA 22604 RE: REZONING #06-19 Or NVINCI-TESTER MEDICAL CENTER Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of' Supervisors at their meeting on March 11, 2020. The Board denied the above referenced request to revise the proffered Generalized Development Plan and proffered text which were approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The subject property is located on the northern side of Route 50 West and west of Route 37 and is identified by Property Identification Number 53-A-68 in the Gainesboro Magisterial District. Section 165-102.04 of'the Frederick County Zoning Ordinance rcqulres a minimum period of 12 months to elapse before the consideration of' another application for rezoning of' substantially the same land to the same zoning district designation. Please do not hesitate to contact this office if'you have any questions regarding the denial of' this rezoning application. Sincerely, y� Candice E. Perkins, AICP Assistant Director CEP/pd cc: J. Douglas McCarthy, Gainesboro District Supervisor Kevin W. Kenney, Chairman of Planning Commission Charles E. Triplett, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Mark Baker, WMC 1836 Amherst Street, Winchester, VA 22601 Valley Engineering, PLC 4901 Crowe Drive, Mount Crawford, VA 22841 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Pam Deeter To: J Douglas McCarthy; Kevin Kenney;'ctriplet.fredcogovpc@icloud.com' Subject: Rezoning /t06-19 Winchester Medical Center Attachinents: WMC #06-19 Denial.doc Good morning, Please find attached a denial letter from Ms. Perkins for the Rezoning 406-19 Winchester Medical Center. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: J Douglas McCarthy Sent: Monday, March 16, 2020 10:17 AM Subject: Delivered: Rezoning #06-19 Winchester Medical Center Your message has been delivered to the following recipients: J Douglas McCarthy (dmccarthy0)fcva.usj Subject: Rezoning #06-19 Winchester Medical Center ,A 0 0 Pam Deeter From: Microsoft Outlook To: Kevin Kenney Sent: Monday, March 16, 2020 10:17 AM Subject: Relayed: Rezoning #06-19 Winchester Medical Center Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Kevin Kenney (kkenneybuildings@gmail.com) Subject: Rezoning #06-19 Winchester Medical Center • Pam Deeter From: Sent: To: Cc: Subject: Attachments: Path — Rod has approved this letter. Candice Perkins Friday, March 13, 2020 10:06 AM Pam Deeter Mike Ruddy WMC 1106-19_Denial.doc WMC #06-19 Denial.doc 0 March 13, 2020 Thomas Moore Lawson Thomas Moore Lawson, P.C. P.O. Box 2740 Winchester, VA 22604 0 COUN'hY of F REDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: REZONING #06-19 OF WINCI-IESTER MEDICAL CENTER Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on March 11, 2020. The Board denied the above referenced request to revise the proffered Generalized Development Plan and proffered text which were approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The subject property is located on the northern side of Route 50 West and west of Route 37 and is identified by Property Identification Number 53-A-68 in the Gainesboro Magisterial District. Section 165-102.04 of the Frederick County Zoning Ordinance requires a 1111n11111.1111 period Of 12 months to elapse before the consideration of another application for rezoning of' substantially the same laud to the same zoning district designation. Please do not hesitate to contact this Office if you have any questions regarding the denial of' this rezoning application. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd cc: J. Douglas McCarthy, Gainesboro District Supervisor Kevin W. Kenney, Chairman of Planning Commission Charles E. Triplett, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Conlnlissioner of Revenue Mark Baker, WMC 1836 Amherst Street, Winchester, VA 22601 Valley Engineering, PLC 4901 Crowe Drive, Mount Crawford, VA 22841 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i C REZONING APPLICATION #06-19 WINCI-IESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors v% Prepared: March 4, 2020 Staff Contact: Candice E. Perkins, A1CP, CIA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/1 1/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning 1102-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/11/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed — therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff is supportive of this request fora minor proffer modification to the GDP and text. The Planning Commission did not identify any concerns with the request and recominended approval of the application at their December 18, 2019 meeting. The Board of Supervisors discussed this item on January 8, 2020. The Board postponed action on the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. Following the January 8`1' meeting, the Applicant removed all references on the GDP to access for the adjacent property to Botanical Boulevard. The Board of Supervisors at their January 22" d meeting postponed the application to February 26`1' and then postponed until the March 11 "' meeting. The proposed rezoning application remains unchanged from the January 22" d meeting. Followinf.> the public meeting, a decision rezoning this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of'Supervisors. 0 0 Rczoning 406-19 WINCHESTER MEDICAL CENTER, INC. March 4, 2020 Page 2 This report is prepared Gy the Frederick County Planning Staff to provide information to the I'lanning Commission and the Board of Supervisors to assist them in slaking a decision oil this application. It may also be useful to others interested in this zoning inatter. Unresolved issues concerning this application are noted Gy Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed I3oard of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Postponed Board of Supervisors: 03/1 1/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY Ill NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant 0 0 Rezoning 1106-19 WINCI-IESTER MEDICAL CENTER, INC. March 4, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOT's comment, the Applicant has referenced the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange " approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. PlanninlZ & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Rezoning #06-19 WINCI-IESTER MEDICAL CENTER, INC. March 4, 2020 Page 4 l,anr/ U.ce Tile site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MELTING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning 1102-03 for 37.5424-F/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning 402-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Blvd. to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. • 0 Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. March 4, 2020 Page 5 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 02/26/20 MEETING: Postponed to the March 11, 2020 Board of Supervisors meeting. Following the public rueeting, a decision re yarding- this rezoninkr application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Recommendecl Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed January 22, 2020 Postponed to February 26, 2020 February 26, 2020 Postponed to March 11, 2020 March 11, 2020 Denied ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-19 WINCI-IESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering), PLC to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District; minor text revisions are also proposed to reflect the updated internal street network within the development with a final revision date Of November 20, 2019. The subject property is On the northern side Of ROLIte 50 NNIest and west of ROute 37 in the Gainesboro District and is identified by Property Identification No. 5)-A- 68; and NWHEREAS, the Planning Coll missioll (IisCLlsse(i tills rezoning at thcir DCcember 18, 2019 llleetlllg and recomil1CIlded approval., and WHEREAS, the Board OfSLII)Cl-\'ISOI-S (I1SCL1SSCd this rC%011lllg at thCll-.lallLlal-y 8, 2020 llleetlllg and tabled the item until theJanuary 22, 2020 meeting; and WHEREAS, the Board Of Supervisors discussed this rezoning at their .lanuary 22, 2020 meeting and postponed the item until the February 26, 2020 meeting; and WHEREAS, the Board Of SLlpervlsors at their Fcbl'Llal'y 26, 2020 meeting postponed the item to the March 11, 2020 meeting; and WHEREAS, the Board Of Supervisors discussed this rezoning at their March 11, 2020 meeting and recommended approval; and WHEREAS, the Frederick County Board Of SLII)CI-v1SOI-S finds the approval Of this rezoning to be ill the best interest of the public health, safety, welfare, and ill conformance with the Comprehensive Plan; PDRes. #02-20 i -z- NONV, THEREFORE, BE IT ORDAINED by the Frederick County Board Ol' Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffered GDP for 89.4099 acres of' property identified by Property Identification Number• 53-A-68 to allow for an alternative development plall and to Make Illlllor text rCV1SIOIIS to rCfiCCt the LlpdatCd IlltCl'llal Sll'CCt network within the development with a filial revision date o{ Novenlber 20, 2019. The conditions voluntarily pro{'icred in writing by the Applicant and the Property Owner arc attached. This ordinance shall be in cticct on the elate of adoption. Passed this 1 1 th Clay of March 2020 by tile following recorded vote: Motion 1'01- Denial: Charles S. De1-lavcn, Jr., Chairman Aye Shawn L. Graber No J. Douglas McCarthy Aye Robert NV. Wells No Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. DLlnll Aye A COPY ATTEST Kris Ctlr cy Fred ,eormty Administrator PDRes. #02-20 BOS Res. #062-20 • 0 REZONING APPLICATION 1/06-19 41G�o� WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: February 14, 2020 Staff Contact: Candice l . Perkins, AlCP, CZA, Assistant Director US Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Postponed Board of Supervisors: 02/26/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning 1/02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/26/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning 902-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed — therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff is supportive ofthis request fora minor proffer inodif'ication to the GDP and text. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 18, 2019 meeting. The Board of Supervisors discussed this item on January 8, 2020. The Board postponed action on the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. Following the January 8i1' meeting, the Applicant removed all references on the GDP to access for the adjacent property to Botanical Boulevard. The Board of Supervisors at their January 22" d meeting postponed the application to February 26"i. The proposed rezoning, application remains unchanlZed froin the January 22"`i meeting. F,611mying the public ineefing, a decision mZoning this m .oning application by the Board of Supervisors ivould he appropriate. The Applicant should he prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 1106-19 WINCI-IESTER MEDICAL CENTER, INC. February 14, 2020 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of'Supervisors to assist their in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: O1/08/20 Postponed Board of Supervisors: O1/22/20 Postponed Board of Supervisors: 02/26/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant Rezoning 1/06-19 WINCHE-STER MEDICAL CENTER, INC. February 14, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dent. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitation envisioned as part of' the Commonwealth Transportation Board (CTB) approval. ]his could be accomplished by amending the Street Improvements section of the proffers as follows: "file Applicant shall design and Construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as all appendix to the proffer. Staff Note: Per VDOT's coinnient, the Applicant has referenced the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange " approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. Planninll & Zoning: 1) Site Histoil, The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the fixture planning efforts of the County. • 0 Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. February 14, 2020 Page 4 Land the The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only Intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Blvd. to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. Rezoning 1/06-19 WINCHESTER MEDICAL CENTER, INC. I-cbruary 14, 2020 Page 5 BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/22/20 MEETING: Postponed to the February 26, 2020 Board of Supervisors meeting. Following the public meeting, a decision regardintl this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 0 REZONING APPLICATION #06-19 CO WINCHESTER MEDICAL CENTER, INC. Staff Report for the Board of Supervisors Prepared: January 16, 2020 �+ Stall Contact: Candice E. Perkins, AICP, CZA, Assistant Director �7 173. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors: 01/22/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning 1/02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of' Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed — therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff is supportive of this request fora minor proffer modification to the GDP and text. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 18, 2019 meeting. The Board of Supervisors held a public meeting for this item on January 8, 2020. The Board postponed action on the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. Staff Update: Since the Board q f'Supervisors January 8, 2020 meeting, the Applicant has submitted a revised GDP that removes all references to an access to the alllacent pr'opert17.for access to Botanical Boulevard. Follorvin,a the public meeting, a decision rezoning this rezoning-- application bl, the Board o ' Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. i Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. January 16, 2020 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then: in making a decision oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Postponed Board of Supervisors 01/22/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant 0 Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. ,January 16, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded o1' the gated -access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street hnprovemcnts section ofthe prollci-s as follows: "The Applicant shall CICSign and Construct all roads Oil the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Slarf Note: Per 11'DOT's comnient, the Applicant has reverenced the Convnom>>ealth Transportation Board's "Right of 1Vay and Limited Access Control Changes Route 37 and Canilms Boulevard Interchange" approval dated December 17, 2009 in the updated provver stateinent. County of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. January 16, 2020 Page 4 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recornmend approval of Rezoning #06-19 for Winchester Medical Center. BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE O1/08/20 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. The Board of Supervisors requested clarification on the changes to the internal streets and clarification that trips from any adjacent properties would not count toward the 14,000-trip cap on the subject property. Staff provided an overview that the original plan did not show the Route 37 access and the updated GDP shows that along with the removal of the roundabout. The Board also requested clarification on the access from Botanical Blvd. to the adjacent properties and whether it is planned to be sold to the property owners or granted at no cost. The Board of Supervisors ultimately postponed the item until the January 22, 2020 to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold. Followink the public rneethm, a decision reizardin,- this rezoniniz application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Zoning Map 2106 NORTNWESTERN I 91 � �MAR7pR v .4 WINCHESTER MEDICAL CENTER Subdivision 191 174 D ROTANKAL �K KNO.LN µVD MIU / `�� MARRIOi TNWESTERN DRIVE gO Application Parcels B2 (General Business District) MS (Medical Support District) RP (Residential Performance District) 0 MILLER STECK I I YARGARET LN t O O WlnehMsbr E1 S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,820 Feet Map Created: October 29, 2019 1 SE Blom UP Q3am �JO • * �� JSe Gp REZ -06- 19 37 r WINCHESTER MEDICAL CENTER Subdivision Winchester �?? �l 41O •�r 40 � � %f;LYI 2035 ORTHWESTERN, 2051 NORTHWESTERN RN PIKE NORTHWESTERN 1T PIKE ■. 113 107� NORTNW_ESTERn DNEWALL DR }1� WARD PIKE i ' 409 ,.AVE , 1997 9-5 NESTSIDE KATNY C y`- 122 a NORTHWESTERN 419 STATION WARD 12V PIKE WE DE 416 LI DR IDE 20"9J'~� AVE- WARD AVE �':,STATION I961 NORTHWESTERN 125 A /,'301 .,; 427.- STAWESTION KATHY C• STATION ggg�� PIKE 1J4• WARD AVE r COLIN C�WESTSIOE� / • 200 1'v#RO AVE 135� / J �04 STATION`432l RD wARD AVE WAR�.y�be�- - f �.. �1 r•nnu An. ��WESTSIDE REZ # 06 - 19: Winchester Medical Center, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Long Range Land Use Map r CW GROW GRSDE x EW 1P Application Parcels Parcels Long Range Land Use CD Residential l� Neighborhood Village Urban Center • Mobile Home Community 0 Business Highway Commercial Mixed -Use Mixed Use Commercial/Office \ ® Mixed Use Industrial/Office _ • Industrial ® Warehouse Heavy Industrial - Extractive Mining Commercial Rec Rural Community Center ® Fire &Rescue ® Sensitive Natural Areas ® Institutional +� - Planned Unit Development if/.* Park Recreation gum School 31 Employment Airport Support Area Q B2/B3 0 Residential, 4 u/a Q High -Density Residential, 6 u/a O High -Density Residential, 12-16 u/a 0 Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation OEnvironmental & Recreational Resources 0 REZ -06- 19 WINCHESTER MEDICAL CENTER Subdivision I BOTANICAL SLVO �00 MARRIOi DRIVE ERN 1983 •409 NORTHWESTERN; i WESiSIDE E PIKE / 419 •STATION KAT 199�f WESiSIDE NORTHWESTERN STATION PIKE - -301427 ... 020,E _ KAi_ 900 84 a 0 02 � Winchester 7 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,800 Feet Map Created: October 29, 2019 • Candice Perkins From: Daniel Michael <dmichael@valleyesp.com> Sent: Thursday, January 16, 2020 7:35 AM To: Candice Perkins Cc: Thomas Moore Lawson, Esq.; mbaker@valleyhealthlink.com; Carl Snyder; Craig George Subject: RE: Proffer Status Attachments: 11-20-19 GPD.pdf Candice, Forgive my delay in response, I was in Winchester for meetings all afternoon yesterday, one of which dealt with this project. Attached is the document we'd like to see distributed for the BOS meeting next Wednesday. This document is the GDP, as originally submitted, that does not contain the note which lead to the discussion about traffic from adjacent properties. This note has been removed to establish this document more closely with the previously approved proffers, recorded documents, and approved rezoning documents for adjacent properties. Since this matter has gone beyond that which is typically handled by the engineer, please note that Ty Lawson will be handling this matter from here forward. Let us know your thoughts and have a wonderful rest of your day! Daniel K. Michael, PE Partner I Principal -in -Charge VALLEY I E N G I N E E RI N G 4901 Crowe Drive Mount Crawford, VA 22841 Ofi,rc. (5-1ii) 43-1-6365 x 202 F Ux: (540) 1''2-06,235 Email: dmichael@valleyeso.com From: Candice Perkins <cperkins@fcva.us> Sent: Wednesday, January 15, 2020 2:15 PM To: Daniel Michael <dmichael@valleyesp.com> Subject: Proffer Status Hi Daniel, what is the status of the proffer statement? Thanks. Candice Candice Perkins, AICP, CZA Assistant Director Frederick County Department of Planning & Development 107 North Kent Street 1 REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 11-20-19 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. I. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) • On Site Development The Winchester Medical Center shall establish a n 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, t WINCHESTER MEDICAL CENTER By (Print Name): IVII Signature Title: ye L�+11k�5 rI.I1'�-t-�Ct3ru�SC" Date: V2_ �� 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instrument was acknowledged before me this 2019, by J A QA to N I �ioLc Duy04-0 My commission expires C)yi 2-0 Z:�, Notary Public day of C�-GYl �✓t'•V r NOTARy No'. r) i REG, # 783 1 9826 ' O ; My C0 C MMISSION may' EXRIREs t = �i0'• 02l2W02311 C9. 04 ��a r ORDINANCE 0 Action: PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed January 22, 2020 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-19 WINCI-IESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering, PLC to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District; minor text revisions are also proposed to reflect the updated internal street network within the development with a final revision date of November 20, 2019.. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A- 68; and \WHEREAS, the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020 meeting and tabled the item until the January 22, 2020 meeting; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 22, 2020 meeting and recommended approval; 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 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 proffered GDP for 89.4099 acres of property identified by Property Identification Number 53-A-68 to allow for potential alternative development and to make minor text revisions to reflect the updated internal street network within the development with a final revision date of November 20, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes. #02-20 0 -2- This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Blaine P. Dunn PDRes. #02-20 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator • 0 Action: AMENDMENT PLANNING COMMISSION: March 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: Apri19, 2003 - APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONIN(; DISTRICTMAP REZONING #02-03 FOR THE WINCHESTER MEDICAL CENTER - WEST CAN-IPUS tiVI RI?AS, Rezoning #02-03 of die Winchester Medical Center- West Campus, .vas submitted by G. W. Clifford & Associates, Inc., to rezone 50.0540 acres [rom B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to l-IS (Medical Support). This property is located north of (and ;adjacent to) Route 50, and west and adjacent to Route 37, and identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial District; and NVI-TER , AS, the Plan-ning Commission held a public hearing on this rezoning on March 19, 2003; and WHEREAS, the Board ol•Supervisors field a public hearing on this rezoning on April 9, 2003; 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 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. Mies 009-03 • This ordinance shall be in effect on the date of adoption. Passed this 9`h day of April 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY AT'TLST John 'ley, Jr. Fred'ck County A iinistrator 17 PDRes. 909-03 0 tRe;uluIions\7003 Rezoning. Resolutions\Winchester Vcd Cir.wpd 0 REZONIING REQUEST PROF ER Property Identification Number 53-((A))-.68 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02-03 for the rezoning of 51.9676 acres from Rural Area (RA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Also within this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. The proffers which exist on the 50.0540 acre parcel have been included in this proffer statement and together with the added provers constitute the complete proffer for the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (91) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: At U.S. Route 50/VA Route 37 western signal, Southbound right turn - 200 feet with transition to provide fiill 2 lanes at intersection. (Revised 4/3/03) Page 1 of 6 Rezoning Request Proffer Property Identification Number 53-A-68 Gainesboro Magisterial District At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S. Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached hereto and incorporated herein by reference. (Revised 4/3/03) Page 2 of 6 Rezoning Request Proffer Property Identification Number 53-A-68 Cainesboro !Magisterial District A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of duality to be implemented upon final design. (See ID "A"). A landscaped green area along the north side of the main entrance. (See ID "A") (119) A landscaped, open, green visual focal link and park located at a "roundabout" (#10). An illustrative example (ID "B") is attached to this proffer for the purpose of establishing a standard of duality to be implemented upon final design. On -Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 1011 acre site to insure conformance with the standard of duality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for strictures and site design as follows: Materials utilized for the facades of the 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. All building withn the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. All building within the property shall be developed as a cohesive entity, ensurin building placement, architectural treatment, parking lot lighting, landscaping, disposal, vehicular and pedestrian circulation and other development elements together functionally and aesthetically. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property c agricultural operations. Rezoning Request Proffer Property Identification Number 53-A-68 Gainesboro Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51,9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time the first building permit on the 102.0216 acre tract is issued. The conditions proffered above shall be binding upon the heirs, executors, adnunistrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY `OWNER By: Date:J� i STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instrume. was acknowledged before me this :Y6 day of LlIoJ 2003, by 1 ���', t My commission expires �I ill � I �' ; C Qcn NotaryPublic �� L = s-- (Revised 4/3/03) Page 4 of 6 / \FUT-eRE EXTEN§ION/t/ , ,,' �.. '� + ,TO-O ROUTE /0-- / ! AT ROUt-803, / _ �7 `� i j }' +\ � +� -�' �1" ice' ; / \ �i „'•`�_� �1-J l���� - t (�f � �` .o��`:\' \ � %��1i f I�.t \ \; •'I C. (� `�O1NL _ • i I ���t•:.��,\�\� �f f' \ ��b \�;. \ '� 9. I ♦.._♦\-f _ moo\ } I \•,•• `� L_ •\\�'�`\ S ) PR10P.OSEL MAJOR?- �s•,. g . g COLLEO OR, i �?F'��..� ... r -^�i ter..-- • '�� 61INCHESTER MEDICAL CENTER PROPERTY 8_2 Property 911bert w. clifford & associates, inc o p GENERAL/ZED DEVELOPMENT PLAN "WEST Sheet�� �'" "�OCg PWvxrru w °inRy 0 0 CAMPUS'" 5 Of I V E P•imdp SL Am6tsttr, VigHo 22601 fREDERICK COUMY, VIROIN14 6 YOKE (540) W-2139 FAY: (W) 665-0593 OWL• gtrdglOm --.cum Revised 31410J 0 i / � try � ~\ 1 � —�i ♦\ 1 ! �'`. 1 Z !)Jill u :.� / � .� ^ � / f _. � ` ! 1 • 'i r I /'lam s� -- 1! PROPOSED MAJOR, `.`\_,`.,.,�� COLLE�TOR: i'` �e\��1 •� i�����::'J \ �° '1i' \\ }} '\ � �,, _ 'i�%__ "ice-"^�:��ri�il! / __ R M �11',�/rl �_C \:.�: � � tit-' _ - ~�t� ^\,:\:• . ► I{!; __l{I t 1\��a �. — `i � •/ / \ ; 'j — { �JCirlf• � 1tl,S` ,3 r—��.J t, ._�•. t, ..........C1`4t{ flit wCH la � - - V 10 ZZ WINCHESTER MEDICAL CENTER PROPERTY a q GENERAUZED DBIROPMENr PLAN p NEST CAMPUS" FREDER/CK COMM, WRCINIA ?evised 3/4/0i MS Property yilbert w. clifford &' associates, inc. Sheet Eir_}menof Lend Pkuv�era Y:'af t7ua6ty M E Pk4SL Wlnclester, Vgiiio 22501 6 WCE (540) 667-2139 FAk (5:0) 665-M3 MU gtrrAf6mnsin=m • • kirN■t iji Winchcster Medical Gmter VVhst Caninus r.,,.... . 1.. �._... ....v.., Gcncreli7cd Dmckrpr. ,m Plan FrcJcrick CounlY, \ : :ini• Iv■ -al lilnu al O,.fin.. Ru Ylllal..�l tial : r ur } :A , 1 ,� , 41 goo - •a I t \ •� �✓1+ / ��•:1 n r 1 nVijri lWM Ix Rvutc 50 77 1 Winchester Medical Center West Campus k as :� .� .. aaoa • • ••w••, 1 •: (IIcmmU:.cd jk-ck\I„t.cnr Plan SCAU41''Nf 1'realcrick Counlr, Vilginin mr. bur "VI-0 GVR ni Winchester Medical Center West Campus Gnunfizvd Ek-vdLym�nt Plan vr,j,—k (:.,,nvy, \ irvioi- It' imomM Yin Z.Q swami W �J `Rj`•,? r; � era .?� a;s L: i , r 1 Lit .• � is 'i•'i-t !_'Oil1.71%.�J'�:`t•4ll;C,t�a7. �rl:�lY.S;�U/��f,'�'i�ii ���C,crGr 1' o e R. I lomei 1401 Easy 11tw l Sum - 1'01icN I:)m 'sion - C 113 Section - . I to() (Stl';) I80-IS )o Chairn,an hirhmond,Viuii,Li 23Z19 I;1 (.,i01);2S._}700 Agenda item # G-A RESOLUTION OF TIII; COMi\40NWEAI, I H '1'1tANSPORTATION BOARD December 17, 2009 MOTION Made Bv:Di-. Davis Seconded By:Mr.Davies Action: Motion Carried, Unanimously Title: Right of Way and Limited Access Control Clianpes Route 37 and Campus Boulevard Interchange Frederick County NVIIEREAS, Route 37, between its southernmost intersection with Interstate 81 continuing 1n a northerly direction for approximately 9 miles to a point along Route 11, north of the City of Winchester, in Frederick County, was designated as a Limited Access Highway by the Statc Highway Commission, predecessor to the Commonwealth Transportation Board (CTB), on March 17, 1966; and WHEREAS, In connection with a section of Route 37, State Highway Project 6037-034-101, RW-202, which is located between the aforesaid locations, the Commonwealth acquired certain lands and limited access easements from various landowners; and WHEREAS, the land on both the northwest and southeast sides of the Route 37 proposed right of way and limited access lines, as shown on the plans for said State Highway Project, between the interchanges at Route 522 and Route 50, was identified as the location for an interchange (hereinafter referred to as "Campus Boulevard Interchange") to serve the Winchester Medical Center, Inc., property located on the southeast side, and potential access for future development for properties on the northwest side of said Route, necessitating changes to the said right of way and limited access control in the vicinity of approximate Station 440+00, which were approved by the CTB on May 21, 1992; and Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Two WHEREAS, Valley Health (formerly Winchester Medical Center, Inc.) has identified and requested right of way (R/W) and limited access control changes (LACC) consisting of a northerly shift and LACC along the Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), to provide direct access to the northwestern campus of the Hospital, as well as inter -campus connectivity, facilitating the planned expansion of medical related services in the region and supporting economic development of Frederick County (County); and WHEREAS, the County, by letter dated February 3, 2006, supports the request for the R/W and LACC; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the said shift of the right of way and limited access line in the vicinity of approximate Station 440+00 (Route 37 southbound lane baseline) and conditional LACC of approximately 70 feet in length, from a point 398.9 feet opposite Station 17+17.39 (Route 37 and Campus Boulevard Interchange Ramp D baseline) to a point 434.3 feet opposite Station 17+60.48 (Route 37 and Campus Boulevard Interchange Ramp D baseline), with roadway and ramp modifications as required, to provide direct access to the northwestern campus of the Hospital, as well as inter -campus connectivity, both located along the northwest side of the Route 37 and Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), as shown on the plans for State Highway Project 0037-138-101, RW-201, are appropriate for said interchange ramp from a design standpoint subject to further VDOT review and approval; and WHEREAS, a global traffic analysis was prepared and reviewed, and VDOT has determined that the said proposed R/W and LACC for said interchange ramp will require further operational review and approval by VDOT in the future, however from a safety and traffic control standpoint regional growth demands on the Route 37 corridor far exceed any immediate operational impacts of the said proposed R/W and LACC; and WHEREAS, a long term plan for the Route 37 corridor is under development by VDOT and the Win -Fred Metropolitan Planning Organization; and WHEREAS, Valley Health and VDOT have agreed to the following conditions for the said proposed R/W and LACC: *Valley Health shall donate and convey in fee simple, free of any liens and with General Warranty of title, all land and easements, including but not limited to easements of access, air and light, necessary to accommodate the said R/W and LACC to the Commonwealth without cost, compensation or mitigation; and 0 Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Three •Valley Health will construct new termini for the southbound Route 37 ramps at Relocated Campus Boulevard, providing access to the northwestern campus of the Hospital, as hereinafter described, to VDOT specifications and subject to VDOT approval; and *Valley Health will construct modifications to the existing northbound Route 37 ramps at Campus Boulevard to permit westerly movements to and from the said ramps subject to VDOT specifications and approval; and •Valley Health will construct a second right turn lane at the northbound Route 37 ramp termini with Route 522 to mitigate queuing issues on said ramp concurrently with the said Campus Boulevard ramp improvements and gates herein described; and *All right of way, engineering, construction, utility relocation, re-signing, and all necessary safety improvements shall meet all VDOT standards and requirements; and *All parties concur that traffic safety on Route 37 is the first priority, and full and adequate operational functioning of Route 37 is the next priority; and .Valley Health shall construct actuated gates within its property at the proposed LACC for access to the northwest campus of the Hospital, as part of and coinciding with the said ramp improvements, in order to permanently prohibit the general public from traveling between the northwestern campus of the Hospital and the Campus Boulevard Interchange; and *All costs, infrastructure, and maintenance associated with the said gates shall be borne by Valley Health; and oValley Health will be permitted to issue up to 500 cards or passes to the said gates, for the exclusive use of campus employees, patients, and/or patient family members for inter -campus access; and •VDOT may request independent audits, to be funded by Valley Health, of outstanding cards or passes to assure compliance with the conditions of this Resolution at any time VDOT deems appropriate; and *The said access is subject to revocation and closure at any time if VDOT deems the management of the said restricted access is being abused or determines that any operational or safety conflicts are occurring; and •Valley Health will complete all plans, posting of any bonds and obtain any permits, as necessary or required, within one year of CTB approval of the said proposed R/W and LACC; and •All costs of engineering and construction, utility relocation, re-signing, including all necessary safety improvements, will be borne by the Valley Health; and • A Memorandum of Agreement (hereinafter MOA) will be executed between Valley Health and VDOT, and made available to the County to confirm compliance of these conditions, current zoning restrictions on the northwestern 0 Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Four campus of the Hospital, and to consider participation in regional transportation projects in the future; and • The said MOA shall be executed and recorded among the land records of Frederick County, Virginia within one (1) year of CTB approval of the said proposed R/W and LACC; and WHEREAS, VDOT has determined that the said time frame for Valley Health to complete the requirements for all plans, posting of any bonds and obtaining any permits, as necessary or required, being within one year of CTB approval of the said proposed R/W and LACC is appropriate; and WHEREAS, VDOT has determined there will be no adverse environmental impacts, pending a Phase I Archeology study to be completed after the plans are developed and prior to construction, to be conducted as part of the permit process; and WHEREAS, public notices were posted in the Winchester Star and Northern Virginia Daily newspapers on November 2, 2009 and November 24, 2009; and the Shenandoah Valley Hit newspaper on November 6, 2009, all of which closed on December 1, 2009, with no comments received; and WHEREAS, VDOT has determined that due to the restricted nature of the actuated gates within the Valley Health property at the proposed LACC for access to the northwest campus of the Hospital, no compensation shall be due VDOT in consideration of the said proposed LACC for access; or the said proposed shift due to utilization for public street purposes; and WHEREAS, other than the period for completion of all plans, posting of any bonds, obtaining any permits, and execution/recordation of the MOA, the proposed R/W and LACC is in compliance with the Commonwealth Transportation Board Policy; and WHEREAS, upon completion of all conditions and work by Valley Health and acceptance by VDOT, all work, roadway construction, improvements and equipment within the said revised proposed right of way and limited access of the Route 37 and Campus Boulevard Interchange (12/17/2009) will become the property of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED, in accordance with the provisions of Section 33.1-58 of the Code of Virginia (1950), as amended, the CTB hereby finds and concurs with the aforesaid VDOT determinations, and approves the said R/W and LACC shift for public street purposes; and that the CTB's earlier designation of Route 37 as a 0 • limited access highway be amended to allow a restricted traffic limited access break from a point 398.9 feet left of existing Ramp D station 17-+-17.39 to a point 434.3 feet left of Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Five existing Ramp D station 17A-60.48, a width of approximately 70 feet, conditioned upon the following: I. That ingress and egress gates be constructed on the Valley Health property to restrict traffic entering the Route 37/Campus Boulevard Interchange limited access break to employees, patients and/or patient family members requiring inter -campus access. Valley Health may issue up to 500 cards or passes to actuate the gates for passage. 2. That, if at any time the Department deems the management of the restricted access is being abused or determines that operational or safety conflicts are occurring, the limited access change will be revoked and the break will be closed. 3. That Department concurs with and approves the design of the interchange modifications and any other improvements that are required. 4. That Valley Health or others agree to provide the additional limited access right of way and pay all costs of the improvements as identified herein. The Cominoil weal th Transportation Commissioner is hereby authorized to execute any and all documents needed to comply with this resolution. To be completed by Planning S!r "Zoning Amendment Number 0 l� Date Received ZC, I 1 -r Fec Amount Paid $ O J Anticipated PC 1-Icaring Date Anticipated 130S Hearing Date 1 l REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owners) (please attach additional page(s) if more than two owners): Name: Winchester Medical Center, Inc. Specific Contact Person if Other than Above: Mark Baker Address: 1836 Amherst Street, Winchester, VA 22601 Telephone: (540) 536-4543 Email: mbaker@valleyhealthlink.eom Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Valley Engineering, PLC Specific Contact Person at Firm: Daniel Michael, PE Address: 4901 Crowe Drive, Mount Crawford, VA 22841 Telephone: (540) 434-6365 Email: dmichael@valleyesp.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 0 • 4. Project Name (if any): Winchester Medical Center II 5. Property Information: a. Property Identification Number(s): 53-A-68 b. Total acreage of the parcel(s): 89.4099 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 51.8675 AC e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 37.5424 AC f. Magisterial District(s): Gainseboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1998 Northwestern Pike, Winchester, VA h. Adjoining Properties: Parcel ID Number 53-8-3, 83 53-A-84 53-A-75,76,77 53-A-74 53-A-73 53-A-A,69,1 53-A-68A Use C STORE - LIVESTOCK EXCHANGE RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL AGRICULTURAL HOTEL Zonm RA RA B-2 B-2 RA RA B-2 Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not Indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. NOT APPLICABLE AS VALLEY HEALTH IS A NON-PROFIT ENTITY Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application; Z Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement Proffer Statement (if any) 0 Agency Comments Fee Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pdf's) of all submitted items Page 14 0 4P 7. Signature(s): I (we), the undersigned, do hereby respectfiilly make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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 fi-ont 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. Owner: Date �D I If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 10 • ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following infolnnatlon on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name FARMERS LIVESTOCK EXCHANGE PO BOX 2696 WINCHESTER, VA 22604 Property#53-13-3, 83 Name KEVIN L. ANDERSON 180 THURSTON CT CLEARBROOK, VA 22624 Property # 53-A-84 NameNANCY RENNER JOHNSON 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 Property#53-A-75, 76, 77 Name CRT PROPERTIES, LLC 424 W CECIL ST WINCHESTER, VA 22601 Property # 53-A-74 Name MARSHA A. DEHAVEN AND JANCICE P. LLEWELLYN 500 S HAYFIELD RD WINCHESTER, VA 22602 Property # 53-A-73 Name FRUIT HILL ORCHARD, INC PO BOX 2368 WINCHESTER, VA 22604 Property it 53-A-A, 69, 1 Name WINCHESTER HOTEL PARTNERS, III LP 610 EDGEGROVE RD HANOVER, PA 17331 Property # 53-A-68A Name Property # Name Property # 16 Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 17 �e� coG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us HH Department of'Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Vit•ginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: WINCHESTER MEDICAL CENTER, INC Name of Property Owner/Applicant Pleasc note: If' tile property owner/applicant is an entity, the name of the entity should appear above. if multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 163ti AMHERST STREET, WINCI(ESTER, VA 22601 (540) 536.4543 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-68 do hereby make, constitute, and appoint: DANIEL MICHAEL, PE Name of Attorney -In -Fact VALLEY ENGINEERING, PLC, 8401 CROWE DRIVE, MOUNT CRAWFORD, VA 22841 Mailing Address of Attorney -in -Fact (540)434-6365 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in r, for the above identified property: rV Rezoning [� Subdivision 8 ConditIonal Use Permit Site Plan Master Development Plan (prelim. or final) Variance or lotting Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: NONE This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature l.''V Title (if signing on behalf of an entity %62:reyr,,&,j / celIMi't5 %71rttact'•y,� State of 0 ottnty/ ity Of To wit: ' T, -V, c au_, P &ty , , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appear before me and has acknowledged the j same before me in thejurisdiction aforesaid this � day of 6 76Z � , 20 My Commission Expires: .3 6/ )-,f-Ln Notary Public VICTORIA R LORD ion Number: _ X 3 Real Estate Ticket Detail 2019 REAL ESTATE No T.—te-- ;?E2:19. !310. ' I p"A Dal! C'KHE 5 Tr- v pm!l; P&4 Pd Comm P.—I st.r., orw"I pl P Tfork-lemseA& pq a o C� 0 E3 0 B 7 g� B 10 46 1 1 2 I 3 I __ 4 6 L K J H G F E D C B A Q�. P C) 0cl WINCHESTER MEDICAL CENTER WEST CAMPUS f Pr L} NCY C(.U`tlY VA (7 7 w 3 o� w � E Zzn;J� Z _ w>�n - CF w d ei • 2 G rt W � 7 7 =� 1 Q PRELINIINARY ISSUE NOT FOR CONSTHUCTION REVISIONS DATE10-16-19 PROJECT No.: 7767-2 EXPJCLIENT No. 11054.7 SCALE: TRLKSCALE GENERALIZED PLAN OF DEVELOPMENT SHEET NO.: 2 i 2 3 4 I b I 6 7 8 G 10 6 6 4�4�COREZONING APPLICATION #06-19 GI WINCHESTER MEDICAL CENTER, INC. W Staff' Report for the Board of Supervisors Prepared: December 27, 2019 Staff Contact: Candice L. Perkins, AICI', CZA, Assistant Director Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning #02-03 for 37.5424d-/- acres zoned B2 (General Business) District and 51.8675-+-/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE O1/08/20 BOARD OF SUPERVISORS MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts Nvith proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 from the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed — therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Sta%/'is supportive e o/'this, egrre.5t for n minor pro moQicalion to the GDP and text. The Planning Commission did not identyi, air_{, concerns nvith the request and recommended approval of the application at their December 18, 2019 meeting. Following the public meeting, a decision rezoning this rezonin- application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised b}, the Board of•Supervisors. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 2 This report is prepared by the Frederick County Planning Staff to provide in formation to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: B2 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Conunercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential B2 (General Business) Vacant Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 3 REVIEW EVALUATIONS: VirI),,inia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the prol'fcis as follows: "The Applicant shall design and construct all roads Oil the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOT's comment, the Applicant has referenced the Commonwealth Transportation Board's "Right of 1 la' ); and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009 in the updated prolki- statement. County of Frederick Attorney: Proffer appears acceptable. PlanninjZ & Zonina: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02- 03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Rezoning #06-19 WINCHESTER MEDICAL CENTER, INC. December 27, 2019 Page 4 Land Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property with commercial land use designation. The existing B2 Zoning and MS Zoning is consistent with the Comprehensive Plan. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff stated that this is an application to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Staff then provided an overview application and stated that this amendment only intends to revise the GDP to remove the land use specifications that restricted the site to certain uses. Commissioner Morrison requested clarification on the original proffer and the traffic circle off of Route 37 for the Medical Center and if it would be opened up for general traffic to improve Route 50. Staff stated that there were limitations placed on this access by the Commonwealth Transportation Board for this access break and the Medical Center is limited in the number of trips that can access the property via this interchange. The Applicant further clarified that this access will be controlled via a gate and that they were not changing any proffer other than the GDP. This item was a minor proffer amendment and therefore no public hearing was required. A motion was made, seconded and unanimously passed to recommend approval of Rezoning #06-19 for Winchester Medical Center. FollomiuQ the public nleetin,-, a decision re'ardiu'-this rezouin'- application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ECHO LN 11 - t 1?83 1 IWESTERN PIKE 146 ;*04 ut)ci iv is ton v, s n MOGARETLN Winchester ,r 377 ECHO LN •' 377 L ECNC LN4w 04 1. ® E 2106j + NORTHWESTERN PIKE 53 A 68 � � r S01 L WALMARi 501 /� - • WALMARiDR 174 �. 19q 23ROTAM AL 0 ECHO LN RLVO , 501 • • CROCK WAUNARi DR WELLS MILL SO / • S lu 300 WI 2054 MARRIC' _ MKWELLS ' NORTHWESTERN ! DRIVE,, 1L1� 1 312035 J NORTHWESTERN�f HWE R d1lj• PIKE 2051 NORTHWESTERN Kt- VESTERN'�. NORTHWESTERN PIKE 1983 • S PIKER + 10_7�' NORTHWESTERN STONEWALL DR WARD PIKE .A 4G9 �• �,{.J �.. ,LAVE - 1997 WESTSIDE-� •1083 + • 122 NORTHWESTERN 419 STATIC)N✓ IEWAIIEDR, WA RDA • 121, PIKE ` / WESTSIDE •416 1961 �.•�.r r 20_�3 ' •' 'AVE' WARD AVE S7AVON WESTSIDE KAiHv C ' NORTHWESTERN 125 .' 30I 427'. STATION `+PIKE ~�134 •Y WARD AVE +� COUN CT WESTSIDE 19 WARD AVE I35 It• 307 S�TA�TION q32 r WARD AVE 7rOW t.. �.,. ,, • _ HILL RD WARD I65^ COLINrCT �n30u rt"4,W` TSIDE GlIM,- REZ # 06 - W Winchester MediccWCenter, Inc. PIN: 53 - A - 68 Rezoning from B2 to MS Long Range Land Use Map 0 Application sTJC Parcels Long Range Land Use Residential Neighborhood Village Urban Center • Mobile Home Community Q Business Highway Commercial Mixed -Use ® Mixed Use CommerclaUOflice ® Mixed Use industrial/office • Industrial ® Warehouse Heavy Industrial • Extractive Mining 41!�� Commercial Rec i1f Rural Community Center ® Fire 8 Rescue illn Sensitive Natural Areas ® Institutional 40 Planned Unit Development I// Park Recreation School Employment Airport Support Area 0 B2/B3 Q Residential. 4 u/a Q High -Density Residential. 6 u/a 0 High -Density Residential, 12-16 u/a 0 Rural Area Q� Interstate Buffer Landfill Support Area Natural Resources & Recreation 1101, Environmental & Recreational Resources 377 ECHO IN :1 501 ART OR I. IC r 0 rti -K MILL R. . fm GP I REZ #06-19 WINCHESTER MEDICAL CENTER � Subdivision `v. l`i174 BOTANICAL BLVD i J00 MARR10 ` DRIVE 1� �VI L :RN 198J '409' NORTHWESTERN WESTSIDE I PIKE 419 'STATION KAT 199� WESTSIDE STA 110N VORTHWESTERN ! 301 .110 lv`rpwg Winchester � 1\\ �yyy' r Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,800 Feet Map Created: October 29. 2019 0 460 900 0 REZONING REQUEST PROFFER 0 Property Identification Number 53-((A))-68 Revised 11-20-19 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (0) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collec or road, 1800 feet in length and 5 lanes width 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50JRoute 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development • 0 The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that If the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, 0 WINCHESTER MEDICAL CENTER By (Print Name): Signatures- Title: VP Li M16 r'VI Date: �'Z- C�.� '— 9 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instrument was acknowledged before me this 2019, by J r;'`U�1%il N 114'0 My commission expires 02-1 z 2-0 Z?:�' Notary Public_�J0�1VlW1W 2D�1 'day of �'I✓C eGVI �i�/ 04pf111111111/,,O NOTARY • 0' s r) : REG, PUBLIC 1 9826 _ O MY COMM'SSION 3 EXPIRES Z OZ28/2023 Q T H OF `. t� u REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 11-20-19 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) • 0 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer forthe purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) I� L On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: I. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, 0 WINCHESTER MEDICAL CENTER By (Print Name): Signature: Date: V Z— 0 19 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instrumentwas acknowledged before me this 2019, by J A' (� ' fA N 1 �k(-C E, QV V-Q My commission expires C)21 Z-0 Z:�' Notary Public fJ�YV1vVtw-e- T� day of ptc-c-f'Vl l,-' NOTARy' ',�0 PUBLIC Q REG. # 7839826 My COMMISSION Q EXPIRES 2 2i0 >. 02/28/2023 C9 %,tilt' �'•••.......•: ��Q-���: 0 2 3 1• 4 1 5 I 6 _ I I a* 1 9 10 L K J H F E D C e A WINCHESTER MEDICAL CENTER WEST CAMPUS F(ICUENCK COUNTY VA z � 3= W wo 2 W ¢ on #$ z w�$ — w z aza�E°o is oUOo a »Q w j m c w 0D��o7 a i4 z �zo� W ¢w E z g J a R J Q PRELIMIRARY ISSUE NOT FOR CONSTRUCTION REVISIans DATE: 10.18-19 PROJECT No.: 7767-2 EXPJCLIENT No. 11054.7 SCALETBLKSCALE GENERALIZED PLAN OF DEVELOPMENT SHEET NO.: 2 1 2 3 4 6 I 6 I 7 11 9 10 AMENTMENT Action: PLANNING COMMISSION: March 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: April 9, 2003 - APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONIN(; DISTRICTMAP REZONING 802-03 FOR THE WINi CHESTER'NIEDICAL CENTER - WEST CA!\•ll'US WHEREAS, Rezoning #02-03 of the Winchester Medical Center - West Campus, was submitted by G. W. Clifford & Associates, In(:., to rezone 50.0540 acres Crom B2 (Business Gencral) to B2 (Business Gencral) with revised proffers, and 51.9676 acres fi-om RA (Rural Areas) to NIS (Medical Support). This property is located north of (and adjacent to) Route 50, and west and adjacent to Route 37, and identified with Property Identification Number 53-A-68 in (lie Gainesboro Magisterial District; and NIUEREAS, the Planning Commission held a public liew-inb on this rezoning on March 19, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 9, 2003; 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 I'VIap to change 50.0540 acres from 132 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by (he applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 91h day of April 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST John 4iley, Jr. Fred ck County A4iinistrator PDRes. 909-03 011tesolutions1200A Rezonint! RCSOIWions\Winehcster Nkd Cir.wpd REZONING REQUEST PROFFER Property Identification Number 53-((A))••68 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02-03 for the rezoning of 51.9676 acres from Rural Area (RA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be clone in conformity with the terms and conditions set forth herein, except to the extent that such ternis and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederic]( County Board of Supervisors in accordance with Virginia law. Also wi lun this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. The proffers which exist on the 50.0540 acre parcel have been included in this proffer statement and together with the added proffers constitute the complete proffer For the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These pro{lers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round full Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (91) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (42) At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: At U.S. Route 50/VA Route 37 western signal, Southbound right turn - 200 feet with transition to provide full 2 lanes at intersection. (Revised 4/3/03) Page 1 of 6 Rezoning Request Proffer Property Identification Number 53-A-68 Cainesboro Magisterial District At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (95) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1 100 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constricted during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S. Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist oil state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached hereto and incorporated herein by reference. (Revised 4/3103) Page 2 of 6 Rezoning Request Proffer Property Identification Number 53-A-68 Cainesboro Magisterial District 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer- for the purpose of establishing a standard of duality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (1/9) 3. A landscaped, open, green visual focal link and park located at a "roundabout" (#10). An illustrative example (ID "B") is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. On_Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 104 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of cluality for structures and site design as follows: Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building witivn the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. I, (Revised 4/3/03) Page 3 of 6 Rezoning Request Proffer Property Identification Number53-A-68 Gainesboro Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51,9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time the first building pernut on the 102.0216 acre tract is issued. The conditions profT'ered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other reduirei;lents set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER Or By: � Date: i STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrume. was acknowledged before me thus :3fd day of ), , 2003, by My commission expires Notary Public (Revised 4/3/03) Page 4 of 6 \FUTURE EXTENSIpN ,TO"GS-ROUTE /50 AT ROUTt-803/ I�(---__-_ ' j on-, , _ � fie: ,\ � � J •\�, �, \��,\\\�,1�, ,� (� � 1 -=J� r-A$ `������f~) j'" . t\\` �\\ \�-�.\ � I0 � � I mil° �� ��GI/�`— :\'•Z'i i `/.� � '-Ji /��\, �'\.` `� '�\''` r-� � fit,' \ \\/\. J� �j �+� '7 _it / /) / r--. \� •�� : �� PRQP-DSE MfCJOR�- g., I } I �i: ix F.•4 cp W/NCHESTER MEDICAL CENTER PROPERLY B 2 Prope/-ty Silbert w. clifford & ossociotes, inc �`•� o p GENERALIZED DEVELOPMENT PLAN Sheet \o "WEST CAMPUS„ 5 �^t>aorr Lend tan}eru wuhx oucRy P o of 117 E Kwdk 5L ffird,esta, Yrgia 22601 RYDERICK COUNTY, 1IRGINIA 6 VXF- (541)J 667-2139 FAY: (540) 665-0493 BWL gmd9f0=im.wn Revised J1410J 0 0 117 IF I ..\\. t�-ylli-%l iyr��� /I/ ` \r-.• \ ���;Jv��'11 I;j1��./i ^,�/r� . \\,.:..;,. �„ \ �. •- �, PROPOSED MAJOR \ , \ •. _ 1 �jl .i.,i ,; I/�ll.,,r,: i„--\��\•\\��i.�\l, C.�\��' �--spa—� �_C�_''r�� �j!1riir')i 0, COLLET `' f \ \ •_�'-�"-- i �.�'`I .},;\ ; r ice, . E: t vrr.�j�a, �+ \``�;'\'\\. \�"'`"'•tat.•"•. ^fir..., `�-�� � \ � `? l • rl \ % r� �� .,�.-.��/ ��_ �F'772 l�' pw Ar �I'i'U � i : t�15 1©LifR�C�N1�l.' . r� �7AT-' t?JN/ / I � r ✓'siw;��� �( J �\;�v, �—_ f Lj mg Kq 1;.. 05 �� k WINCHESTER MEDICAL CENTER PROPERTY MS Property gilbert w. Clifford inc. G'ENERAUZED DEVROPMEW PLAN Sheet*&-associates, OO ULST CAMPUS" 6 Erorsosrw Lmtd Pku»sts IFntf: amity of 117 E Piwgd SL 4ittcl:sw, Yagrk 226o1 FREDERICK COUNTY, WROIN14 6 VOICE (540) 657-2139 FAX: (510) 665-W3 DW_ gtr.rdamnsintmin ?eV&ed 314103 0 0 actin( I:av 30' Winchester Niedical Cfnter V-,-st Car.,..r)us w Genembed DI vk)pr.-cnr Plan Fl.dc,ick (:..nty. % IT - B" IN -ill a M1 Iva.. SCAkl I" = 4tr 0 I► d1b I Ab A w C, Qd j lip Nnullrom 4F A. A -in 0N Route 50 7 Winchester Medical &-nter West Campus dwwd k M*CkA.. kw Ciencr-aliYA Dc%vkjH-ncnt Plan • 7,. �,. Y •�,�, f1 _••..•.yam` .. � '��n'., �.I� rwl�wr•r •i. m m +FS�Sr6R v, y *,� ;•���::• .���. ,y ,'' +a•. �-� _ It • - - ,��,.; .},. .r �� -�; _tea .•' _ , �. Winchester Medical Center West Campus 't- . 110-1 of o Im•f. M CwmcrAhzcd MA &gmxrtt Plan 1 .....,. , .. v., P rcJcri<k Cuunrr, \ rtcinll L —_ A 111�1 .'AI •1' !•� t '+ �i �,l.n, ti � 0111.71?'J't%`t•{JBft. ; f+. r� !',�! %l.•SiJ.i7 (! C7 J '! (6oC,'. -6, I'i. ce R. I lomet 1401 h;tst N oad ` kceo - Poli( I )iN ismn • l: I R Scci ion - . 1106 tt;0 ;1 i 80.1 S i0 Chairmm) Itit I'monJ. Virginia2.1219 Tx:: 1"t01) -' 5 -1700 Agenda item # 6-A RESOLUTION OI+ THE COA4i\IONWEAL'1'I1'1'IZANSPORTA'TION BOARD December 17, 2009 MOTION Made By:Di% Davis Seconded Bv:Mi•.Davies Action: Motion Carried, Unanimously Title: Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Intei•chan e Frederick County WHEREAS, Route 37, between its southernmost intersection with Interstate 81 continuing in a northerly direction for approximately 9 miles to a point along Route 11, north of the City of Winchester, in Frederick County, was designated as a Limited Access Highway by the State Highway Commission, predecessor to the Commonwealth Transportation Board (CTB), on March 17, 1966; and WHEREAS, in connection with a section of Route 37, State Highway Project 6037-034-101, RW-202, which is located between the aforesaid locations, the Commonwealth acquired certain lands and limited access easements from various landowners; and WHEREAS, the land on both the northwest and southeast sides of the Route 37 proposed right of way and limited access lines, as shown on the plans for said State Highway Project, between the interchanges at Route 522 and Route 50, was identified as the location for an interchange (hereinafter referred to as "Campus Boulevard Interchange") to serve the Winchester Medical Center, Inc., property located on the southeast side, and potential access for future development for properties on the northwest side of said Route, necessitating changes to the said right of way and limited access control in the vicinity of approximate Station 440-1-00, which were approved by the CTB on May 21, 1992; and Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Two WHEREAS, Valley Health (formerly Winchester Medical Center, Inc.) has identified and requested right of way (R/W) and limited access control changes (LACC) consisting of a northerly shift and LACC along the Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), to provide direct access to the northwestern campus of the Hospital, as well as inter -campus connectivity, facilitating the planned expansion of medical related services in the region and supporting economic development of Frederick County (County); and WHEREAS, the County, by letter dated February 3, 2006, supports the request for the R/W and LACC; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the said shift of the right of way and limited access line in the vicinity of approximate Station 440+00 (Route 37 southbound lane baseline) and conditional LACC of approximately 70 feet in length, from a point 398.9 feet opposite Station 17+17.39 (Route 37 and Campus Boulevard Interchange Ramp D baseline) to a point 434.3 feet opposite Station 17+60.48 (Route 37 and Campus Boulevard Interchange Ramp D baseline), with roadway and ramp modifications as required, to provide direct access to the northwestern campus of the Hospital, as well as inter -campus connectivity, both located along the northwest side of the Route 37 and Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), as shown on the plans for State Highway Project 0037-138-101, RW-201, are appropriate for said interchange ramp from a design standpoint subject to further VDOT review and approval; and WHEREAS, a global traffic analysis was prepared and reviewed, and VDOT has determined that the said proposed R/W and LACC for said interchange ramp will require further operational review and approval by VDOT in the future, however from a safety and traffic control standpoint regional growth demands on the Route 37 corridor far exceed any immediate operational impacts of the said proposed R/W and LACC; and WHEREAS, a long term plan for the Route 37 corridor is under development by VDOT and the Win -Fred Metropolitan Planning Organization; and WHEREAS, Valley Health and VDOT have agreed to the following conditions for the said proposed R/W and LACC: *Valley Health shall donate and convey in fee simple, free of any liens and with General Warranty of title, all land and easements, including but not limited to easements of access, air and light, necessary to accommodate the said R/W and LACC to the Commonwealth without cost, compensation or mitigation; and E 0 Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Three *Valley Health will construct new termini for the southbound Route 37 ramps at Relocated Campus Boulevard, providing access to the northwestern campus of the Hospital, as hereinafter described, to VDOT specifications and subject to VDOT approval; and •Valley Health will construct modifications to the existing northbound Route 37 ramps at Campus Boulevard to permit westerly movements to and from the said ramps subject to VDOT specifications and approval; and •Vallcy Health will construct a second right turn lane at the northbound Route 37 ramp termini with Route 522 to mitigate queuing issues on said ramp concurrently with the said Campus Boulevard ramp improvements and gates herein described; and *All right of way, engineering, construction, utility relocation, re-signing, and all necessary safety improvements shall meet all VDOT standards and requirements; and *All parties concur that traffic safety on Route 37 is the first priority, and full and adequate operational functioning of Route 37 is the next priority; and *Valley Health shall construct actuated gates within its property at the proposed LACC for access to the northwest campus of the Hospital, as part of and coinciding with the said ramp improvements, in order to permanently prohibit the general public from traveling between the northwestern campus of the Hospital and the Campus Boulevard Interchange; and *All costs, infrastructure, and maintenance associated with the said gates shall be borne by Valley Health; and oValley Health will be permitted to issue up to 500 cards or passes to the said gates, for the exclusive use of campus employees, patients, and/or patient family members for inter -campus access; and •VDOT may request independent audits, to be funded by Valley Health, of outstanding cards or passes to assure compliance with the conditions of this Resolution at any time VDOT deems appropriate; and *The said access is subject to revocation and closure at any time if VDOT deems the management of the said restricted access is being abused or determines that any operational or safety conflicts are occurring; and *Valley Health will complete all plans, posting of any bonds and obtain any permits, as necessary or required, within one year of CTB approval of the said proposed R/W and LACC; and *All costs of engineering and construction, utility relocation, re-signing, including all necessary safety improvements, will be borne by the Valley Health; and • A Memorandum of Agreement (hereinafter MOA) will be executed between Valley Health and VDOT, and made available to the County to confirm compliance of these conditions, current zoning restrictions on the northwestern Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Four campus of the Hospital, and to consider participation in regional transportation projects in the future; and • The said MOA shall be executed and recorded among the land records of Frederick County, Virginia within one (1) year of CTB approval of the said proposed R/W and LACC; and WHEREAS, VDOT has determined that the said time frame for Valley Health to complete the requirements for all plans, posting of any bonds and obtaining any permits, as necessary or required, being within one year of CTB approval of the said proposed R/W and LACC is appropriate; and WHEREAS, VDOT has determined there will be no adverse environmental impacts, pending a Phase 1 Archeology study to be completed after the plans are developed and prior to construction, to be conducted as part of the permit process; and WHEREAS, public notices were posted in the Winchester Star and Northern Virginia Daily newspapers on November 2, 2009 and November 24, 2009; and the Shenandoah Valley Hit newspaper on November 6, 2009, all of which closed on December 1, 2009, with no comments received; and WHEREAS, VDOT has determined that due to the restricted nature of the actuated gates within the Valley Health property at the proposed LACC for access to the northwest campus of the Hospital, no compensation shall be due VDOT in consideration of the said proposed LACC for access; or the said proposed shift due to utilization for public street purposes; and WHEREAS, other than the period for completion of all plans, posting of any bonds, obtaining any permits, and execution/recordation of the MOA, the proposed R/W and LACC is in compliance with the Commonwealth Transportation Board Policy; and WHEREAS, upon completion of all conditions and work by Valley Health and acceptance by VDOT, all work, roadway construction, improvements and equipment within the said revised proposed right of way and limited access of the Route 37 and Campus Boulevard Interchange (12/17/2009) will become the property of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED, in accordance with the provisions of Section 33.1-58 of the Code of Virginia (1950), as amended, the CTB hereby finds and concurs with the aforesaid VDOT determinations, and approves the said R/W and LACC shift for public street purposes; and that the CTB's earlier designation of Route 37 as a i 0 limited access highway be amended to allow a restricted traffic linlited access break from a point 398.9 feet left of existing Ramp D station 17+17.39 to a point 434.3 feet left of Resolution of the Board Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Five existing Ramp D station 17-++60.43, a width of approximately 70 feel, conditioned upon the following: I. That ingress and egress gates be constructed on the Valley Health property to restrict traffic entering the Route 37/Canlpus Boulevard Interchange limited access break to employees, patients and/or patient family members I-Cqulring inter -campus access. Valley Health may issue up to 500 cards or passes to actuate the gates for passage. 2. That, if at any time [lie Department deenis the management of the restricted access is being abused or determines that operational or safety conflicts are occurring, the limited access change will be revoked and the break will be closed. 3. That Department concurs with and approves the design of the interchange modifications and any other improvements that are required. 4. That Valley Health or others agree to provide the additional limited access right of way and pay all costs of the improvements as identified herein. The Commonwealth Transportation Commissioner is hereby authorized to execute any and all documents needed to comply with this resolution. Mit 7o he completed by Planning Sla4o Zoning Amenclmcnl Number O 1-q Date Received Pee Amount Paid $ 10 0 . -, Anticipated PC l lcaring Date I a �� Anticipated 130S Hearing Date t REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if tnot•e than two owners): Name: Winchester Medical Center, Inc. Specific Contact Person if Other than Above: Mark Baker Address: 1836 Amherst Street, Winchester, VA 22601 Telephone: (540) 536-4543 Email: mbaker@valleyhealthlink.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firni Name: Valley Engineering, PLC Specific Contact Person at Firm: Daniel Michael, PE Address: 4901 Crowe Drive, Mount Crawford, VA 22841 Telephone: (540) 434-6365 Email: dmichael@valleyesp.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Winchester Medical Center II 5. Property Information: a. Property Identification Number(s): 53-A-68 b. Total acreage of the parcel(s): 89.4099 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 - 37,5424 AC, MS - 51.8675 AC e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 37.5424 AC f. Magisterial District(s): Gainseboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1998 Northwestern Pike, Winchester, VA h. Adjoining Properties: Parcel ID Number 53-B-3,83 53-A-84 53-A-75,76,77 53-A-74 53-A-73 53-A-A,69,1 53-A-68A Use C STORE - LIVESTOCK EXCHANGE RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL AGRICULTURAL HOTEL Zoning RA RA B-2 RA RA B-2 Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 0 0 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, In the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of tlic ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. NOT APPLICABLE AS VALLEY HEALTH IS A NON-PROFIT ENTITY Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map 0 Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement Proffer Statement (if any) Agency Comments / Fee 1 u Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pelf's) of all submitted items Page 14 9 0 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Il 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Count}) Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name FARMERS LIVESTOCK EXCHANGE PO BOX 2696 WINCHESTER, VA 22604 Property # 53-B-3, 83 Nan,eKEVIN L. ANDERSON 180 THURSTON CT CLEARBROOK, VA 22624 Property # 53-A-84 Name NANCY RENNER JOHNSON 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 Property#53-A-75, 76, 77 Name CRT PROPERTIES, LLC 424 W CECIL ST WINCHESTER, VA 22601 Property # 53-A-74 Name MARSHA A. DEHAVEN AND JANCICE P. LLEWELLYN 500 S HAYFIELD RD WINCHESTER, VA 22602 Property # 53-A-73 Name FRUIT HILL ORCHARD, INC PO BOX 2368 WINCHESTER, VA 22604 Property it53-A-A, 69, 1 Name WINCHESTER HOTEL PARTNERS, III LP 610 EDGEGROVE RD HANOVER, PA 17331 Property # 53-A-68A Name Property # Name Property # 16 0 Name and Property Identitieation Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 17 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAvams Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: WINCHESTER MEDICAL CENTER, INC Name of Properly Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own (lie property or are applicants, an executed power of attonlcy from each owner will be needed. 1636 AMHERST STREET, WINMIESTER, VA 22601 (540) 536.4543 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-68 do hereby make, constitute, and appoint: DANIEL MICHAEL, PE Name of Attorney -In -Fact VALLEY ENGINEERING, PLC, 8401 CROWE DRIVE, MOUNT CRAWFORD, VA 22841 Mailing Address of Attorney -in -Pact (540)434-6365 'felephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: FV Rezoning in r, Subdivision 8 ConditIonal Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: NONE This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature �" ' yam" Title (if signing on behalf of an entity _ %� r�SiC ei�ii'rS /' r~C�laGGhr� IS`� State of County/ ity of Fle 't-r (Z-1eI , To wit: f,y' L�7�lt�. i�1�� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument per onally appearpcl before me and has acknowledged the same before me in the 'urisdiction aforesaid this /% day of ((�, /—n(JZ- , 20 Nl .3 �' . L y Commission Expires: / Notary Public VICTORIA p_ 1 nnn ion Number: 3 10 J 9 3 Real Estate Ticket Detail 2019 REAL ESTATE Np TAtr- RE2. 1y 13.3 The A4*t� `0 VV. U' D-t nAle ;7:'4CHE5Tf1iV', fki: Z;r mc!,� Ct w PA)MMI stow po'.01, hwiptlsdurD. Tnnt2cfion Himon us,, 7vt 19".'t Boince Dw Awmf Bourn ",)j pw P TMebefe to 0 19 7 13 0 4 - wvW9 • 0 REZONING APPLICATION #06-19 41G 1 �o� WINCI-IESTER MEDICAL CENTER, INC. Staff Report for the Planning Commission Prepared: December 6, 2019 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director 1))A Reviewed Action Planning Commission: 12/18/19 Pending Board of Supervisors: 01 /08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with rezoning #02-03 for 37.5424d-/- acres zoned B2 (General Business) District and 51.8675A-/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the updated internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION MEETING: This is a proposed minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP) associated with Rezoning #02-03 which rezoned parcel 53-A-68 to the B2 (General Business) and MS (Medical Support) Districts with proffers. The site consists of 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. The approved GDP labeled individual land bays with specific uses; the Applicant proposes to remove the uses shown on the proffered GDP to allow for potential alternative development. The Applicant is also proposing to remove proffer 3 fi•om the landscape design features which required a landscaped roundabout. This feature was removed, and the internal road system has already been constructed — therefore this proffer is unnecessary. The impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated. Staff •is supportive of this request, for a minor proffer modiicatiou to the GDP and text. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. Tlie Applicant should be prepared to adequately address all concerns raised by the Planning- Commission. Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. December 6, 2019 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commi. scorn and the Board of'Supervisors to assi.vt them in making a decision on this application. It m(y also be rrsefnl to others interested in this zoning matter. Unresolved k.vite's con cer7ning this application are rioted I)), Staff where relevant through otit this Staff report. Reviewed Action Planning Commission: 12/18/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To revise the proffered Generalized Development Plan approved with Rezoning 1102-03 for 37.5424+/- acres zoned 132 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District to the MS (Medical Support) District. Minor text revisions are also proposed to reflect the constructed internal street network within the development. LOCATION: The subject property is on the northern side of Route 50 West and west of Route 37. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 53-A-68 PROPERTY ZONING: 132 (General Business) District MS (Medical Support) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural South: B2 (General Business) Use: Commercial East: N/A Interstate Use: Route 37 West: RA (Rural Areas) Use: Agricultural, Residential 132 (General Business) Vacant Rezoning 1106-19 WINCHESTER MEDICAL CENTER, INC. December 6, 2019 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus -Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitation envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards..." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. Staff Note: Per VDOTs comment, the Applicant has referenced the Connnonwealth Transportation Board's "Right of ff,gy and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009 in the updated proffer statement. County of Frederick Attorney: Proffer appears acceptable. Planning & Zoning: 1) Site History The subject property was rezoned from the RA (Rural Areas) District to the B2 (General Business) District and the MS (Medical Support) District with the approval of Rezoning #02-03. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. 0 Rezoning 806-19 WINCI-IESTER MEDICAL CENTER, INC. December 6, 2019 Page 4 Lund Use The site is located within the limits of the Route 37 West Area Land Use Plan of the 2035 Comprehensive Plan and depicts the subject property With commercial land use designatloll. The existing B2 Zoning and MS Zoning is consistent With the Comprehensive Plan. A recommendation re�larding this rezoning application to the Board of SuperVJ3ors would be appropriate. The Applicant should be prepared to adequately address all concerns ralSed by the Planning Commission. 0 0 , 1I M., • ,AVE 108 122 I'l WALL DR WARD 121 -A E WARD 't V NORTHWESTERN 125 PIK lIft Application , I- I- .4qx I..,***W-., M, -0 11 we - J77 ECHO LN 377 ECNOLN Ky• 1 ,• i106 NORTHWESTERN] PIKE 53 A 6Q per! • �, Ii l WINCHEST MEDICAL CE Subdivisk r .,may waLMaa+:� SOI • ALMART DR 17R k.=• 191' n IOTANICAL 230 ECHO LN I- j b01 • CROCK WAIMARTiDR SNORTHWESTEP'. 2054 " ' PIKE !f Fld1 2035 ORTHWESTERN. ^. 2051 NORTHWESTERN IN PIKE .! ` 113 - NOR RN PIKE I993 PIKE+ 10� NORTHWESTERN :)NEWALL DR: � WARD PIKE .-- 1954 -.�`. WESTSIDE 'KATHY CT • �� 122 NORTHWESTERN LL DR `J y - WARD + 121W PIKE +•, 2093 .'AVE WARDAV 7 R 419 STATION WESTSIDE STATION. -.E16 1961iyt:� WESTSIDE KATHYC7 NORTHWESTERN 1R 301 4 `STATION - PIKE 200 ID 130. WARD AVE y - WARD AVE 135 ;, WARD, 165� COLIN CT WESTSIDE 4 S 307 '~' STATION'�432 COLIN�CT �, WARD AVE !,� r-r. \,WESTSIDE REZ # 06 -99: Winchester MediccOCenter, Inc. PIN: 53-A-68 Rezoning from B2 to MS Long Range Land Use Map P Application Parcels Long Range Land Use CD Residential Neighborhood Village Urban Center • Mobile Home Community ® Business Q Highway Commercial f9 Mixed -Use ® Mixed Use Commercial/Office 1110 Mixed Use Industrial/Office Industrial ® Warehouse 4W Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire &Rescue • Sensitive Natural Areas ® Institutional • Planned Unit Development �J Park �7 Recreation School Employment 0 Airport Support Area O B2 / B3 OResidential, 4 u/a C) High -Density Residential, 6 u/a II High -Density Residential, 12-16 u/a ORural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation a.� Environmental & Recreational Resources J77 ECHO LN 0 4W 777 ECMO.LM� r WINCHESTER MEDICAL CENTER Subdivision km 1MICAl LVD 300 1 MARRIOT Zr) DRIVE 1� 4'P ynn 1,800 Feet y i ev c W t o � 4 Winchester N WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Mac) Created: October 29. 2019 0 0 AMENDMENT Action: PLANNING COMMISSION: March 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: April 9, 2003 - X❑ APPROVED ❑ DENIFD AN ORDINANCE AMENDING TIII: ZONIN(; DISTRICTMAP REZONING 802-03 FOR THE WINCI-IESTER MEDICAL CENTER - WEST C NIPUS WHEREAS, Rezoning #02-03 of the Winchester Medical Center - West Campus, .vas submitted by G. W. Clifford & Associates, Inc., to rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres fi-oni RA (Rural Areas) to i\,IS (Medical Support). This property is located north of (and adjacent to) Route 50, and west and adjacent to Route 37, and identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial District; and NVHERE AS, the Planning Commission held a public hearing on this rezoning on March 19, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 9, 2003; 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, THE 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 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. FDRes 09.03 • 0 'Phis ordinance shall be in effect on the date of adoption. Passed this 9"' day of April 2003 by the following recorded vote: Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda .i. 'Tyler Aye A COPY ATTEST Jolui micy, Jr. Tared •ick County A Iministrator r PDRes. N09-03 0 \Resolmions12003 Itcz0nin0 Itettllllllnns\\41ncjjc5ICj \Icd Ctr.\vpd 0 • REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 WINCHESTER MEDICAL CENTER "West Caniptis" Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application It 02-03 for the rezoning of 51.9676 acres from Rural Area (RA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Also within this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. Tine proffers which exist on the 50.0540 acre parcel have been included in this proffer statement and together with the added proffers constitute the complete proffer for the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer- statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with tine Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and constrict all roads on tine subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound tragic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of tine site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: At U.S. Route 50/VA Route 37 western signal, Southbound right turn - 200 feet with transition to provide full 2 lanes at intersection. (Revised 4/3/03) Purge 1 of 6 0 0 Rezoning Request Proffer Property Identificatio►► Number 53-A-68 Gainesboro Magisterial District - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (0 ) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (116) 7. A major collector road, I800 feet in length and 5 lanes wide, with 80 feet right of way. (0) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S. Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by the Site Development Plan to be subnutted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July 1 of each year, and be available for review as individual site plans and subdivisions for fixture uses are submitted for review by VDOT and the County. The combined traffic impact fi-om the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached hereto and incorporated herein by reference. (Revised 4/3/03) Page 2 or Rezoning Request Proffer Property Identification Number D-A-68 Cainesboro Magisterial Dis(rict A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (1/8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of duality to be implemented upon final design. (See ID "AW ). A landscaped green area along the north side of the main entrance. (See ID "A") (0) A landscaped, open, green visual focal link and park located at a "roundabout" (#10). An illustrative example (1D "B") is attached to this proffer for the purpose of establishing a standard of duality to be implemented upon final design. On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 1011 acre site to insure conformance with the standard of duality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of duality for structures and site design as follows: Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural bloc!<, dryvit, or other simulated stucco (LFIS), real or simulated wood and/or glass. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other- development elements work together functionally and aesthetically. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property c agricultural operations Rezuling Request Proffer Property Identification Number 53-A-68 Gainesboro Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51.9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the SUIll of $25,000.00, the Sheriff's Office the slim of $5,000.00 and the Administration Building the slim of $5,000.00 for a total payment of $35,000.00, at the time the first building permit on the 102.0216 acre tract is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER C `' Date: C� _ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: �d ' The�fore�oing instrumer. was acknowledged before me this ,� day off, 9 2003, by %�L? My commission expires n- P i 1 �G' ZCOD Notary Public (Revised 4/3/03) Page 4 of 6 \FUTURE EXTENSIJON /^ \ ,TO'CJS ROUTE /50 i I AT ROU/TL-803/ C' I` f�''V • `'t. -�- ��_--- -� Lam- +_�1�� 4 T� _ - �\.•\ \ N. `�I \\''� 'PROP_OSEa MAJOR ( ,� /' rl; •� \\ _,;COLLECTOR, 1 IQ i—'.• ate.. � � \ � , .- , , - -�� `� �i Cyr Rle . IlS TY *ice-.�� vf•' d ..Wc-��; „ O WINCHESTER MEDICAL CENTER PROPERTY 8-2 Property gilbert w. clifford & associates, inc. Al O GENERALIZED DEIIELOPMENT PLAN "WEST Sheet Erqkjatx-x Land Pram Wedor ply o O CAMPUS" 5 of I R E Piica(Mj St Winchester, Yr9inio 22601 FREDERICK COUMY, vIRG/N!A 6 ME (540) 667-2139 FAY. (540) 665-0193 DWL grdiff nsim-wn Revised J1410J -�e vised 3/4/03 U =, _: .-��=I _��.` it �__ ► __•-r• - -- ��`''��r_ _ � . . ,wyistn \ - A. ... r y i t - 14 tr. i�jr�yMH-I1i k'CIItm KL-V M AI 1'.3u• .. _-__ trt r ontore t awcrotn. . .r� • 'f' Vw . W. "R r do Winchester Medical Center V , st Cai:.,rnus ■ Generalized Dccclup-nr Plan Frederick ( ount" \ nra h al lirwn at (_h qm, Rtrarlal.nn 1cak: I.. - Ml• 0 0 4VII Q 41 P Route 50 n Winchester Medical Center West Campus N -in— — (-,CnCrajjjcd Dcvelopmenr Plan wm SCAIJ 9 11 - 51r 0 ai ,d .7 kkIN. jF41*1 7- FR A 1�, *WOW", , ow. 4 L ems" --- \an ■ Winchester Medical Center West Campus ■ Guncrahzud DmA-pin-unt Plan Frvdcrick county. \irgini,& , M- - � In, Tor 0 11 COMMONWEALTH of VIRQINTA C'07/I/It071`(VCC7(tfi Ti"insportati071 (L30C"Ir P 1, c R. l lolnrl 1 -10 1 1•.o Iiumd Luc: i - Yalu � 01%I<Iml C 11� tit t i ion ..: I l N) kV-J) itth.l,, t( I.uinian I'l,1,unmtl,\'irvuna Fax:0.0-1)' S.1';00 Agenda i(em # 6-11 RESOLUTION OF ,rHE COIVIIVIONWEAL'1'1-1 '1'RANSPOR'I'A'I'ION BOARll DecembeI' 17, 2009 MOTION Made By:Dr. Davis Seconded Bv:Mr.Davies Action: Motion Carried, Unanimously Title: Risiht of Way and Limited Access Control Chan;res Route 37 and Campus Boulevard Interchange, Frederick County WHEREAS, Route 37, between its southernmost intersection with Interstate 81 continuing in a northerly direction for approximately 9 miles to a point along Route 11, north of the City of' Winchester, in Frederick County, was designated is a Limited Access Flighway by the State I-l(glnway Commission, predecessor to the Commonwealth Transportation Board (CTB), on March 17, 1966; and WHEREAS, in connection with a section of Route 37, State 1-Iighway Project 6037-034-101, RW-202, which is located between the aforesaid locations, the Commonwealth acquired certain lands and limited access casements from variOUS landowners; and WHEREAS, the land on both the northwest and southeast sides of the Route 37 proposed right of way and limited access lines, as shown on the plans for said State Highway Project, between the interchanges at Route 522 and Route 50, was identified as the location for an interchange (hereinafter referred to as "Campus Boulevard Interchange") to serve the Winchester Medical Center, Inc., property located on the southeast side, and potential access for future development for properties on the northwest side of' said Route, necessitating changes to the said right of way and limited access control in the vicinity of approximate Station 440+00, which were approved by the CTB on May 21, 1992; and • C: Resolution of the Board Right of Way and Limitcd Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Two WHEREAS, Valley Health (formerly Winchester Medical Center, Inc.) has identified and requested right of way (R/W) and limited access control changes (LACC) consisting of a northerly shift and LACC along the Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), to provide direct access to the northwestern calllpllS of the Hospital, as well as inter-calllplls connectivity, facilitating the planned expansion of Illedical related services in the region and supporting economic development of Frederick County (County); and WHEREAS, the County, by letter dated February 3, 2006, supports the request for the R/W and LACC; and WHEREAS, the Virginia Department of Transportation (VDOT) has determined that the said shift of the riglit of way and limited access line in the vicinity of approximate Station 440+00 (Route 37 southbound lane baseline) and conditional LACC of approximately 70 feet in length, from a point 398.9 feet opposite Station 17+17.39 (Route 37 and Campus Boulevard Interchange Ramp D baseline) to a point 434.3 feet opposite Station 17+60.48 (Route 37 and Campus Boulevard Interchange Ramp D baseline), with roadway and ramp modifications as required, to provide direct access to the northwestern campus of the Hospital, as well as IntCr-Campus connectivity, both located along the northwest side of the Route 37 and Campus Boulevard Interchange Ramp D northwest revised proposed right of way and limited access line (5/21/1992), as shown on the plans for State Highway Project 0037-138-101, RW-201, are appropriate IOC said interchange ramp from a design standpoint subject to further VDOT review and approval; and WHEREAS, a global traffic analysis was prepared and reviewed, and VDOT has determined that the said proposed R/W and LACC for said interchange ramp will require Further operational review and approval by VDOT in the future, however from a safety and traffic control standpoint regional growth demands on the Route 37 corridor far exceed any immediate operational impacts of the said proposed R/W and LACC; and WHEREAS, a long term plan for the Route 37 corricor is under development by VDOT and the Win -Fred Metropolitan Planning Organization; and WHEREAS, Valley Health and VDOT have agreed to the following conditions for the said proposed R/W and LACC: *Valley Health shall donate and convey in fee simple, free of any liens and with General Warranty of title, all land and easements, including but not limited to easements of access, air and light, necessary to accommodate the said R/W and LACC to the Commonwealth without cost, compensation or mitigation; and 0 • Resolution Of the I3oard Right of Way and Limited Access Control Changes — Route 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Three *Valley Health will construct new termini for the southbound Route 37 ramps at Relocated Campus Boulevard, providing access to the northwestern campus Of the Hospital, as hereinafter described, to VDOT specifications and subject to VDOT approval; and •Valley Health will construct modifications to the existing northbound Route 37 ramps at Campus Boulevard to permit westerly movements to and from the Said ramps subject to VDOT specifications and approval; and •Valley FlUlth will construct a Second right turn lane at the northbound Route 37 ralllp termini with Route 522 to mitigate quelling issues Oil said ralllp Concurrently with the Said Campus Boulevard ramp improvements and gates herein described; and *All right Of way, engineering, construction, utility relocation, re-signing, and all necessary safety improvements shall meet all VDOT standards and requirements; and •All parties concur that traffic safety On Route 37 is the first priority, and full and adequate operational functioning of Route 37 is the next priority; and *Valley Health Shall construct actuated gates within its property at the proposed LACC for access to the northwest campus of the Hospital, as part of and coinciding with the Said ramp improvements, in Order to permanently prohibit the general public front traveling between the northwestern campus Oi' the Hospital and the Campus Boulevard Interchange; and •All costs, infrastructure, and maintenance associated with the Said gates shall be borne by Valley Health; and *Valley Health will be permitted to issue up to 500 cards or passes to the said gates, for the exclusive use Of campus erllplOyecs, patients, and/or patient family members for lntCr'-CalllpuS access; and *VDOT may request independent audits, to be funded by Valley Health, of Outstanding cards or passes to assure Compliance with the conditions Of this Resolution at any time VDOT deems appropriate; and *The said access is Subject to revocation and closure at any time if VDOT deems the management Of the said restricted access is being abused Or determines that any operational or safety conflicts are occurring; and *Valley Health will complete all plans, posting of any bonds and obtain any permits, as necessary or required, within one year of CTB approval of the said proposed R/W and LACC; and •All costs of engineering and construction, utility relocation, re-signing, including all necessary safety improvements, will be borne by the Valley Health; and 9 A Memorandum of Agreement (hereinafter MOA) will be executed between Valley Health and VDOT, and made available to the County to confirm compliance of these conditions, Current zoning restrictions on the northwestern Resolution Of the I3oard Right of Way and Limited Access Control Changes — Route 37 and Campus 130ulevarcl Interchange Frederick County December 17, 2009 Page Four CarnpUS of the Hospital, and to consider participation in regional transportation projects in the future; and • The said MOA shall be CXCCUted and recorded among the land records of Frederick County, Virginia within One (1) year of CTB approval of' the said proposed R/W and LACC; and WHEREAS, VDOT has determined that the said time lrarnc lOr Valley Health to Complete the rcgUi1-C1llC1ltS lOr all plans, posting of any bonds and Obtaining any permits, as necessary or required, being within One year of CTB approval of the said proposed R/W and LACC is appropriate; and WHEREAS, VDOT has determined there will be no adverse environmental impacts, pending a Phase 1 Archeology study to be completed after the plans are developed and prior to construction, to be conducted as part of the permit process; and WHEREAS, public notices were posted in the Winchester Star and Northern Virginia Daily newspapers oil November 2, 2009 and November 24, 2009; and the Shenandoah Valley Hit newspaper on November 6, 2009, all of which closed on December 1, 2009, with no comments received; and WHEREAS, VDOT has determined that clue to the restricted nature Of the aclllatcd gates within the Valley Health property at the proposed LACC f*or access to the North\VCSt Callll)US Of the Hospital, no compensation shall be due VDOT 111 consideration of the said proposed LACC for access; or the said proposed shift due to utilisation for public street purposes; and WHEREAS, other than the period for completion of all plans, posting of any bonds, Obtaining any permits, and eXCClltlon/recordation Of the MOA, the proposed R/W and LACC is in compliance with the Commonwealth Transportation Board Policy; and WHEREAS, Upon completion Of all Conditions and work by Valley Health and acceptance by VDOT, all work, roadway construction, improvements and equipment within the said revised proposed right of way and limited access of the Route 37 and Campus Boulevard Interchange (12/17/2009) will become the property of the Commonwealth. NOW, THEREFORE, I3E IT RESOLVED, in accordance with the provisions of' Section 33.1-58 of the Code o/'Virginia (1950), as amended, the CTB hereby finds and Concurs with the aforesaid VDOT determinations, and approves the said R/W and LACC shift for public street purposes; and that the CTB's earlier designation of Route 37 as a linii(ed access highway be amended to allow it restricted tralflc limited access bleak Iroill it point 398.9 feet left of cxisting Ramp D station 17+17.39 to it point 434.3 f'cet left of Resolution of the Board Right of Way and Limited Access Control Changes — Routc 37 and Campus Boulevard Interchange Frederick County December 17, 2009 Page Five existing Ramp D station 17+60.48, it width of approximately 70 ICCt, conditioned upon the following: 1. That ingress and egress gates be constructed on the Valley Health property to restrict traffic entering the Route 37/Campus Bol1lCVard I11tCrC11a11gC limited access break to employees, patients find/or patient family members rcgUirillg inter -campus access. Valley I-Icalth may issue up to 500 cards or passes to aCtllatc the gates for passage. 2. That, if at any time the Department deems the management of the restricted access is being abused or determines that operational or safety conflicts are occurring, the limited access change will be revoked and the break will be closed. 3. That Department concurs with and approves the design of the interchange modifications and any other improvements that are required. 4. That Valley Health or others agree to provide the additional limited access right of way and pay all costs of the improvements as identified herein. The Commonwealth Transportation Commissioner is hereby authorized to execute any and all documents needed to comply with this resolution. To he completed by Planning Sta q Zoning Amendment Number Date Received ( of ZS 1 t `I Fee Amount Paid $ 1 0 Anticipated PC Hearing a " - Anticipated BOS Hearing Date 5 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Winchester Medical Center, Inc. Specific Contact Person if Other than Above: Mark Baker Address: 1836 Amherst Street, Winchester, VA 22601 Telephone: (540) 536-4543 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: mbaker@valleyhealthlink.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Valley Engineering, PLC Specific Contact Person at Firm: Daniel Michael, PE Address: 4901 Crowe Drive, Mount Crawford, VA 22841 Telephone: (540) 434-6365 Email: dmichael@valleyesp.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 0 • 4. Project Name (if any): Winchester Medical Center II 5. Property Information: a. Property Identification Number(s): 53-A-68 b. Total acreage of the parcel(s): 89.4099 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 51.8675 AC e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 37.5424 AC, MS - 37.5424 AC f. Magisterial District(s): Gainseboro g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1998 Northwestern Pike, Winchester, VA h. Adjoining Properties: Parcel ID Number Use Zoning 53-B-3, 83 C STORE - LIVESTOCK EXCHANGE RA 53-A-84 RESIDENTIAL RA 53-A-75,76,77 RESIDENTIAL B-2 53-A-74 RESIDENTIAL B-2 53-A-73 RESIDENTIAL RA 53-A-A,69,1 AGRICULTURAL RA 53-A-68A HOTEL B-2 Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a Zoning amendment to make complete d1SCIOSUi'C of the cgUitablc Ownership of the real estate to be affected including, in the case of corporate ownership, the name of Stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. NOT APPLICABLE AS VALLEY HEALTH IS A NON-PROFIT ENTITY Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement Proffer Statement (if any) 0 Agency Comments Fee 0 Copies of Deed(s) to Property(ies) 0 Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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. Owner: Date / i 6-' /1' If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land Will be notified of the Planning Commission and tile Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained 1Toill the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property identification Number Address Name FARMERS LIVESTOCK EXCHANGE PO BOX 2696 WINCHESTER, VA 22604 Property # 53-B-3, 83 Name KEVIN L. ANDERSON 180 THURSTON CT CLEARBROOK, VA 22624 Property # 53-A-84 Name NANCY RENNER JOHNSON 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 Property #53-A-75, 76, 77 Name CRT PROPERTIES, LLC 424 W CECIL ST WINCHESTER, VA 22601 Property # 53-A-74 Name MARSHA A. DEHAVEN AND JANCICE P. LLEWELLYN 500 S HAYFIELD RD WINCHESTER, VA 22602 Property # 53-A-73 Name FRUIT HILL ORCHARD, INC PO BOX 2368 WINCHESTER, VA 22604 Property # 53-A-A, 69, 1 Name WINCHESTER HOTEL PARTNERS, III LP 610 EDGEGROVE RD HANOVER, PA 17331 Property # 53-A-68A Name Property # Name Property # 16 Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 17 CoG Special Limited Power, County of Frederick, Frederick Planning Websib 1714 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: WINCHESTER MEDICAL CENTER, INC Name of Property Owner/Applicant Please note: If the property owner/applicant isan n entity, the name of the entity should appear above. If,multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1636 AMHERST STREET, WINCHESTER, VA 22601 (540) 536-45.13 as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-68 do hereby make, constitute, and appoint: DANIEL MICHAEL, PE Name of Attorney -in -Fact VALLEY ENGINEERING, PLC, 8401 CROWE DRIVE, MOUNT CRAWFORD, VA 22841 to act as my true and lawful attorney-in-f•act for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: FV Rezoning Subdivision B Conditional Use Permit F1 Site Plan Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, my attorney -in -fact sliall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature vv ) Title (if signing on behalf of an entity State of��olulty/ ity of � r �C To wit: t (If�llt� -0) a Notary Public Ill mid f01 thejlltlShcCtloll aforesaid, certify that the person who signed the foregoing instrument per orally appear• before tile and has acknowledged the same before me in the jurisdiction aforesaid this (e day of VH_b-4 (� , 20/j. My Commission I xpii 3 / _2� Notary Public VICTORIA P I nRn ion Number: 1� 10r 0 Real Estate Ticket Detail Previous 2019 REAL ESTATE Dept Ticket= RE2019.139380001 Frequent; Name WINCHESTER MEDICAL CENTER IN, Map- 53 A 58 Same 2 Bin Date 0,1182019 Address PO BOX 2280 Due Date 06'05:2019 WINCHESTER VA Desc 8951 ACRES Zip _ Penh- Pard Interest paid Current Pa}mem Scams Original Bill Pacmeors Principal Balance Due Peuin Tran�arlinn Nismn Uate Trpe 1, a., amiur- Previous Supplemmr- 0 account= 801 4304 Amaae lmpro� emmts Land Value Land Use Miami, Last Transaction Date 35, 152015 Interest Balance Doe .Amount Balance ....c_h° S'-_u'6> Sli iP:6;. 40 a 0 I9 m 47 l' . ® . 1:50PM f1 0 Type Here to search 0 Of �! z! P! K �' d' tI:Sopm FRE )ERICK COUNTY DEPAwrMENI' OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 10/28/19 REQUESTED COMPLETION DATE: 11/19/19 REQUESTING AGI N'I': Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 53-A-68 DESCRIPTION OF REQUEST: Rez. #06-19 Winchester Medical Center, Inc. location map, zoning map and the usual that Candice wants you to produce. Thanks Thank You! Submit. •;iii �"i �'1 �i�uL ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed January 22, 2020 Postponed to February 26, 2020 February 26, 2020 Postponed to March 11, 2020 March 11, 2020 Denied ORDINANCE AMENDING THE ZONING DISTRICT MAI) REZONING #06-19 WINCHESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering, PLC to revise the proffered Generalized Development Plan approved with Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District; minor text revisions are also proposed to reflect the updated internal street network within the development with a final revision date of November 20, 2019. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A- 68; and WHEREAS, the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020 meeting and tabled the item until the January 22, 2020 meeting; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 22, 2020 meeting and postponed the item until the February 26, 2020 meeting; and WHEREAS, the Board of Supervisors at their February 26, 2020 meeting postponed the item to the March 1], 2020 meeting; and WHEREAS, the Board of Supervisors discussed this rezoning at their March 1 1, 2020 meeting and recommended approval; 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 Plan; PDRes. #02-20 • -2- 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 proffered GDP for 89.4099 acres of property identified by Property Identification Number 53-A-68 to allow for an alternative development plan and to make minor text revisions to reflect the updated internal street network within the development with a final revision date of November 20, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 1 I"' day of March 2020 by the following recorded vote: Motion for Denial: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber No J. Douglas McCarthy Aye Robert W. Wells No Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris ey Frederick unty Administrator PDRes. 402-20 BOS Res. #062-20 uses shc���n �ii� the liiullcicTC�DP. rind- ►•i;ni6-�� �• tile" ltfildsc"lips- dc"i1;Jl iccttUuc and, Iltlldticclhcd roundabout, all as shown on the proficr stilte►lle►lt bca►'lllg s►gllatl►►'C date March 9, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 28°i day of April 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Aye David D. Stegnlaicr Aye Blaine P. Dunn Aye Shawn L. Graber Aye Robert W. Wells Aye Judith McCann -Slaughter Aye A COPY ATTEST Kris . Ti rney Frederick ounty Administrator VI1101NIA, VNIMEmm WUN'I`y.sa. Thipcpc iM--f-clft1fJrlf of�Writ!of, Wat, tiro daccid toMo.Ut1 and wi 11 cortificate acimowledge ment thoroto annowLid wasAAadpp fitted to record. Tax imposed by Spc• 58.1-802 of I,V' , and 58.1-801 have been pain, ifasses&able. P`A, btu PvA' 0 , Clerk Res# 085-21 Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: BOARD OF SUPERVISORS: BOARD OF SUPERVISORS: BOARD OF SUPERVISORS: BOARD OF SUPERVISORS: BOARD OF SUPERVISORS: ORDINANCE December 18, 2019 January 8, 2020 January 22, 2020 February 26, 2020 March 11, 2020 April 8, 2020 September 23, 2020 Recommended Approval Postponed Postponed Postponed Denied Denial Rescinded Postponed BOARD OF SUPERVISORS November 12, 2020 Postponed BOARD OF SUPERVISORS December 9, 2020 Postponed BOARD OF SUPERVISORS January27, 2021 Postponed BOARD OF SUPERVISORS April 28, 2021 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-19 WINCHESTER MEDICAL CENTER, INC. WHEREAS, REZONING #06-19, Winchester Medical Center, was submitted by Valley Engineering, PLC on behalf of Winchester Medical Center, to revise the proffered Generalized Development Plan (GDP) approved xvith Rezoning #02-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District. This revised proffer and GDP propose to remove the labeled uses shown on the proffered GDP to allow for potential alternative development and remove the landscape design features and landscaped roundabout; as shown on the proffer statement and GDP bearing signature date of March 9, 2021. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A-68; and WHEREAS, the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020, January 22, 2020, February 26, 2020, and March 11, 2020 meetings and, at their March 11, 2020 meeting, denied the application; and WHEREAS, on April 8, 2020 the Board of Supervisors rescinded their March H , 2020 vote to deny the rezoning application; and WHEREAS, on September 23, 2020, November 12, 2020, December 9, 2020 and January 27, 2021, the rezoning application was postponed; 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 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 proffered GDP for 89,4099 acres of property identified by Property Identification Number 53-A-68 to remove the labeled Res# 085-21 PDRes#49-20 6 1 7 a r 4 C, a ,LANDSCAPE BUILDING DRIVE LANE - DRNE LANE WINCHESTER MEDICAL CENTER WEST CAMPUS FREDEFIC. ODUNT - sp w LLI z z Lu Lu < 3666 AC, NOM Or Z OWNED Illy 1= ayw out No" IMCL um I" PRELIMINARY ISSUE I REZONING NOT FOR CONSTRUCTION REVISIONS 04-02.20 REVISION TO ADO NOTE 06-2}20 REVISION TO ADD NOTE 11.12-20 REVISED NOTE 03-09-2t STREET LABEL 04 28-21 REVISED NOTE DATE 10-18-19 PROJECT NO 7767-2 E EXP/CUENTNo 11054-7 NTERDqAmG O - CMT SCALE 1*=200 GENERALIZED PLAN OF DEVELOPMENT 6 1 7 1 6 1 9 1 10 Amilk 6 4 EASTBOUND y WESTBO ND 5o' LANDSCAPE BUFFER PARKING LANDS - ROUTE 50 ROW LL sum �—M.tlty,!wotshKal 66d. for the he 0—has conveyed one)O hl 31c- �Vmst of Bot­.al Blvd V MtW, c=ner(s) to compiv with repuir*rn"ts of F pe rtsvidalle"triect -0 , = but notes limited to. s =0,and 'm Analm~ Kot r I a &dwAh;6xw4%aw0,,wf0rsuc —10 It is �d and agreed by Froderk), t any taps by w$ bf smai," blvd, = the 4, Tpo 't cwTenov ed on the subject PMP" WIN 1 T- TMD=ou I Wk tBE — I4NkEr�.—T, . I 4 E A W M REZOWMG D c A : --- ------- -------------------- ---------------- ----------------- - 2 3 4 5 6 N 1 9 AN .f�HIA EAlA F �\ 1 't• p" SE N RA' ::iN RI fEEA / / STORNWATEA NANAGEWNT ! FACRm STORN*ATER NANAGENEAi EAan - - �I WINCHESTER MEDICAL CENTER WINCHESTER MEDICAL CENTER WEST CAMPUS FA 2 4.35" AC, NORTH Of ZONING LINE, OWNED By VALLEY HEALTH BUT NOT INCLUDED IN REZONING T -1 E,F t11054-7 yTERCMANGE Ex GENERALIZED PLAN OF DEVELOPMENT SHEET NO 1 � 8 9 10 3 m LJ L K H S. D l.�,fhl�llllfl I rVES1EiCt::tJl: HlllllF r,(I 1 1 2 1 3 t` 1 _i0 LANDSCAN HO f EH F •",h� G�., - HVJy -- - - — � - - - The Owner has conveyed one pint access and utikty easement to Botanical Blvd. for the properties west of BotanKal Blvd it is the sole r"p...t l.ty of the adlwmn{ operty ownerlsl to comply with all requirements of irederKk County and VDOT fw perturb sM aM entrance apprOva1, and perni�S3onS Io i. k d! but not bt horned to. ""Itraton and/or other -terns as—,ated v th obta,rwi{ approval for wch entrance to BolanKal Blvd 1111 further understood and agreed by iredenck County that any trips LLenerated by properties west of BotanKA Blvd will not count towards the Ia.0DO TPD limn currently placed on the subfect property 4 U 5 Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker Signature: ' ,�6 Title: VP, Facilities Management and Safety Date: (�'U. 'L. '- •Z% STATE OF VIRGINIA, AT LARGE CITY/COUNTY of CVAZV , To -wit: The foregoing h2vi ii , Medical Center. instrument was acknowledged before me this 2i� day of 2021, by Mark Baker, VP Facilities Management and Safety for Winchester My commission expires tJ V 2- NotaryPublic-�J= "j`G 3 q (�, tQCbV 11-� O Aly COLU+26 2' � 0 .kr�11{�5 INN :• C> 2f��2023 C • U It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit currently placed on the subject property. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 04-28-21 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to- be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. 3 c. 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (44) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 feet with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (45) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Parcels 53-A-68 and 53-A-68A, -68B, -68C, -68D and -68E is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. The Owner has conveyed one joint access and utility easement to Botanical Blvd. for the properties west of Botanical Blvd. - It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. 2 REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20, 03-09-21 and 04-28-21 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in general conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the entire 82.1212 acre portion of Tax Parcel 53-A-68 will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Pla The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in general conformity with the Generalized Plan of Development, dated 10-18-19 and last revised 04-28-21, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (42) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 210002,"1 i LAND RECORD COVER SIIEET Frederick County Circuit Court Instrument Type Instrument Date Proffer Statement April 28, 2021 Grantor: WINCHESTER MEDICAL CENTER P.O. Box 3340 Winchester, Virginia 22604 Grantee: COUNTY OF FREDERICK, VIRGINIA 107 North Kent Street Winchester, Virginia 22601 Parcel Number: 53-A-68 Magisterial District: Gainesboro Consideration: $0.00 WREZONING REQUEST PROFFER 0 Property Identification Number 53-((A))-68 Revised 11-20-19 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) PC okr 7. A major collect600ad, 1800 feet in length and 5 lanes wide, vJTiii 80 feet right of way. (##7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer forthe purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) 1WOn Site Development • The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): 1" P111ZK_ _2z�PAC._L- IVJSignatur� Date: i,Z Cj ,— 19 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The fore oing instrument was acknowledged before me this 2019, by )WjV -Q My commission expires LI Z?) 1 Notary Public _ clowwywyllN'�LL-K' day of p C�iM lam/ NOTARY PUBLIC e r1 REG. // 7839826 _ = p MY COMMISSION ; Q s EXPIRES _ 02/28f2023 "ALTH of 1 I 1 1'• Y . rR Lot- EVIT)(1<lEb .- ._ WESTBOUND_ •.D tAND9CAPt BI1fiER -_ PAWING��_.-�;gyp `LANE . --50 Row Sml1 ./ N - ,III - UNCE LOBO` 1'�•. w � IANCE TO clv--c- A SIGNALIIATION AREAS SHALL BE MMIED AGREE"ENT WILL BE RNCHESTi RMEDICAL PROVIDED WITH VDOT FOR /—THISINTERSECTIONATSITE THIS / DEVELOPMENT \\\\\INIlllllllllllllllllllllllllllllllllll MS USES 3888 AC. NORTH Of ZONING Lk. OWNED BY VALLEY HEALTH OUT NOT IN CLUDED IN REZONING WINCHESTER MEDICAL CENTER WEST CAMPUS PRELKWANY ISSUE NOT FOR CONSTRUCTION REYRID•+5 •j�/ pALE ibtb.9 VNOJECiM n611 E>m.CUEMTw ��oSAT - 'ULE I - GENERALIZED PLAN OF DEVELOPMENT L K J I N G F E D C B A 1 ] 1 3 1 • 1 S 1 e 1 7 1 e - I 10 WINCHESTER MEDICAL CENTER WEST CAMPUS Z Ill o o z-g J - Q 1 I 2 I 3 ' 4 5 _ e I ! I e I 9 I 10 PRELIMINARY ISSUE NOT FOR CONSTRICTION D n: !0.M!9 PROJEUWN 77 -2 E%PFUQiT No.' 1105e-) fiGAIE TBU(9GAIE GENERALIZED PLAN OF DEVELOPMENT SNEET W 2 2 3 4 5 6 7 8 9 WINCHESTER L MEDICAL CENTER WEST CAMPUS 11INn VA KI EASTBOUND _ _ WESTBOUND_ ROUTE 50 --,� ROW 59 LANDSCAPE BUFFER I it PARKING _LANDSCAPE, _ BUILDING _ II DRIVE -- -- �-- LANE ,1.. Z �• 1 Z I DRIVE LANE Z - w } Lu J J Q 2zT� .5T. 0 a u > a p o 0¢� ZO �Q<gxLL ZZ 0 a u ENTRANCE TO BOTANICAL 5,\/D ENTRANCE TO COMMFRCIAL A SIGNALIZATION USE AREAS SHALL BE GRANTED — AGREEMENT WILL BE BY WINCHESTER MEDICAL PROVIDED WITH VDOT FOR CENTER , THIS INTERSECTION AT SITE PLAN STAGE OF THIS DEVELOPMENT g FFER IOPEN - 1 i .3888 AC, NORTH OF 1a.0 GE y � ` ZONING LINE, OWNED BY VALLEY HEALTH 1 BUT NOT INCLUDED IN REZONING PREUMINARY ISSUE T1 ` NOT FOR CONSTRUCTION � - REVI^,qNS B-2 USES 111111,11►1n►u��UN►►,,� B- 2 USES - �������►�►L„uullululluulnllllrulu„ILIIIII1nuu►' III Jill IJill IIII III 1111titilTN121", j11 MS USES 1, DATE 10-18-19 i` PROJECT N, 7767 EW CLIENT N 11054-7 ..- INIERCNAE�_ �PREONCT AREA NOT INCLUDED_ IN REZONING) / GENERALIZED WINCHESTER PLAN OF MEDICAL CENTER DEVELOPMENT -+ 5 6 7 8 9 10 WINCHESTER L MEDICAL CENTER WEST CAMPUS K 0 zq W 3. Z E € r I� W ❑ () `7 a 4 `v v z J i 0 III 0 m am° z q � I�4r �y p / ERFNNIq�pRiVf® O y� J a c / I C v Q 'ARfSHS SPA °. Co /R>.Ble fhp�r � ° d3 M1�Rrorea�K y\Qr� O p`2 c°a U is q, �O qj `7c3� o Ce�°aQ E ` j �V °C `p Z +�¢' C) v� PRELIMINARY ISSUE OHO °'�J 0 yNOT FOR CONSTRUCTION SRO�O REVISIONS. oovc p`2 r� Q' DATE10-18-19 PROJECT No. 7767-2 C E {P.i LIEN o.17064-7 ',CALE: TBLKSCALE B GENERALIZED PLAN OF DEVELOPMENT A AHEET NO. 2 2 3 4 5 a 7 s 9 10 0 Y 3 •4 5 6 7 9 L K M (• J 4-4 01.1* .L L,.,11,, �r — T — — G - DRIVE — - LANE, -- _ I WESTBOUND �`'/VC 50' LANDSCAPE BUFFER PARKMG _-- '�DSC�L— §� I LINE EASTBOUND _ ROW — ROUTE 50 I rI G c G A � i 1 1 B-2 USES EA NOT INCLUDED IN . REZONING AREA NOT INCLUDED IN REZONING/ A SIGNALIZATION AGREEMENT WILL BE PROVIDED WITH VOOT FOR THIS INTERSECTION AT SITE PLAN STAGE OF THIS DEVELOPMENT B-2 USES MS USES ual WINCHESTER MEDICAL CENTER 8 9 WINCHESTER MEDICAL CENTER WEST CAMPUS -.-KC-0UN,r Jr (J 2 w off' 5 w w "g` � m7 Q 1.3888 AC, NORTH OF ZONING LINE, OWNED BY VALLEY HEALTH BUT NOT INCLUDED IN REZONING PRELMMNAHY ISSUE NOf FOR CONSTRUCTION k� I REVISIONS N/ DATE: 10-18-19 ' fR CT No.7767-2 EXPICUFIlT No.. 11064-7 �JER�p 4EN SCALE 1'=2001 PRECNGt GENERALIZED �\ PLAN OF DEVELOPMENT ,1,EET MI 1 10 2 S i i - •REZONING REQUEST PROFFER Property Identification Number 53-((0-68 Revised 01-22-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 01-22-20, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: - At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. - At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collect *ad, 1800 feet in length and 5 lanes width 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development revised November 05, 2019 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this profferforthe purpose of establishing a standard ofqualityto be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building withi a property shall be developed as a cohesi entity, ensuring that building placement, archi ural treatment, parking lot lighting, landing, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): iVlje�-{li(�Lt—� Signature: Ly �4,A. Title: , J'JN A\_A'"1llc 1M14t�-+ d Date: /2-et-A-0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2.D day of Tt n u o_ , 20 ZO, by IVY. I,{_i�.(_ 6 A-K� 9— My commi Sion expires _ 31 2'3 Notary Public Tina Marie Laing NOTARY PUBLIC REG.117852629 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES Decomber 31, 2023 • � C- i� , E.�"tf. •..'�- I KF'�i HVI, �. �: F . w. All I. I( i l A SIGNALIZATION AGREEMENT WILL BE ` PROVIDED WITH VDOT FOR THIS INTERSECTION AT SITE PLAN STAGE OF THIS i r.-'✓c. ')PMENI WINCHESTER MEDICAL CENTER WEST CAMPUS 0 Zgo' LLJ J Q S 6EF"� \ .3888 AC, NORTH of rZONING CJ " OWNEDYVALLEYHEALTHUT NOT INCLUDEDINEZONING PRELIMINARY LSSi E NOT FOR CONSTRUCTION B-2 USES .__•,n1�,�lQlllll►lU„l,Ul„1„lll►U11i1=� • - • A NOI� � ({l►•" \ IN LUDED REZONINMS USES G lyyyl�{puuu,,,M�►L�tu \ E o+a-m 1 . i P40"T B nsr z E%FIRfNT No nu6a7 AREA NOT INCLUDFD IN REZONING) GENERALIZED " — VINIHcSItH ,l / PLAN OF MEDICAL DEVELOPMENT CENTER ­E* c -� 1 • E REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19 and revised 04-09-20, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, , and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: • Ll • At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. 8. Entrance to Botanical Blvd from properties west of Botanical Blvd. Entrance to Residential use areas shall be granted by Winchester Medical Center after future rezoning petition, transportation impact analysis, and proffers for these areas are approved by VDOT and Frederick County. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 04-09-20 which is attached hereto and incorporated herein by reference. • • 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry units (CMU) brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. 11 • The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, WINCHESTER MEDICAL CENTER By (Print Name): Mark Baker ' Signature: V Title: VP, Facilities Management and Safety Date: C)+ ^ L - — 2Q STATE OF VIRGINIA, AT LARGE CITY/COUNTY of FOL 0 0-4(C tV- To -wit: The foregoing instrument was acknowledged before me this /')- day of J 2020, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Ce ter. My comm' sion expires L9C1'P o c)3 Notary Public Tina Marie Laing NOTARY PUBLIC REG. #7852629 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES December 31, 2023 2 3 a 5 6 L K p..t EASTBOUND _ 1- WESTBOUND -- ROUTE 50 1CCf It 111 1 .� I I opt 50' LANDSCAPE BUFFER ! j — PARKING LANDSCAPE BUILDING - -- — ROW '- - — ENTRANCE TO BOTANICAL BLVD ENTRANCE TO RE GRANTED BY WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION. TRANSPORTATION IMPACT ANALYSIS AND PROFFERS FOR THESE 7R S ARE APPROVED BY VDOT AND FREDERICK COUNTY A SIGNALIZATION / AGREEMENT WILL BE PROVIDED WITH VDOT FOR THIS INTERSECTION AT SITE PLAN STAGE OF THIS DEVELOPMENT DRIVE LANE -- -- G 0� Ntl ON�N 2g �N Z�UF _ 1 r_ ` .;ie B 2 usEs B-2 USES AREA NU . 1... 'INCLUDED MS USES REZONING......................1,1.,..11111.,.1,.1,11�� , DRIVE LANE 1.3888 AC, NORTH OF ZONING LINE, OWNED BY VALLEY HEALTH BUT NOT INCLUDED IN REZONING WINCHESTER MEDICAL CENTER WEST CAMPUS (3 w w z z w Lu J J Q INTERCHANGE \� • . :•±�' - DE PRECINCT VELOPNENT \v/ -"- �1J I GENERALIZED WINCHESTER PLAN OF MEDICAL CENTER DEVELOPMENT ` 1 R i�N ts` FASTBOUND A(STBQJHb LAIOscAPF BUF[(R PARMRIC:_ l4l•(`•.:4i{___ �!A �'�' •. __.. .. . [HI_i InN�_ ROUTE'.____ __y. v RA L .0 F "ITANICAL ELVD ENTRANCE TO RE'.T_'«' "`-'Ea+965F�CHE GRANTED Ev .v'^..•• "E R MEDICAL CENTER AFTER FUTURE REZON"I TION Tp�TATV IMPACT AUAL fS15 PROFFERS FORTME3E / JMAPROVEDB�OT ANFDERK COTEIT ARE ➢KAGREEMENT WILL BE PROVIDED WITH VDOT FOR THIS INTERSECTION AT SITE `—PLAN STAGE OF THIS - - _ DEVELOPMENT _ �— WINCHESTER MEDICAL CENTER WEST CAMPUS Z; W a o� _' it } Ty w 3° J J Q [ r ,✓".c 3888 AC. NORTH of ZONING LINE. OWNED 9Y VALLEY HEALTH eF %. `.� BUi NOT INCLUDED IN r �:�+�<L l REZONING-ELMINARY ISSUE NOT FOR CONSTRUCTI 1. • ��, _ ,of -To aE�G,ON tC ApD NG'E ` MS U I -WINCHESTER GENERALIZED MEDICAL PLAN OF CENTER DEVELOPMENT 2 3 4 5 6 7 k rEASTBOUND I WESTBOUND 50' LANDSCAPE BUFFER PARKING LANDSCAPE` BUILDING DRIVE DRIVE LANE - - - ROUTE 50 ROW LANE A SIGNALIZATION AGREEMENT WILL BE PROVIDED WITH VDOT FOR THIS INTERSECTION AT SITE PLAN STAGE OF THIS DEVELOPMENT Zo FFER 20 EN , 1 gV FFER l \ B-2 USESI B_2 USES I \1\ -AREA NOT ,`,�`��►�����t��))ttuu 1 INCLUDED\�IN MSUSESREZONING �tuil�tit�lt��t�tlu�IiIil�ilAulfuiuii�iini��)►tnr'���u��►►►���►►�� t 1 1.3888 AC, NORTH OF ZONING LINE, OWNED BY VALLEY HEALTH BUT NOT INCLUDED IN REZONING INTERCHANGE DE`�E�OPMENT - PRECMCT WINCHESTER \� MEDICAL CENTER / WINCHESTER MEDICAL CENTER WEST CAMPUS c� z; w o _ w� c7 z '" > C w z!' w J J Q PRELIMINARY ISSUE NOT FOR CONSTRUCTION +E\nSIONS DATE 01-22-20 PROJECT No 7767-2 EXP./CLIENT No. 11054-7 SCALE V-200' GENERALIZED PLAN OF DEVELOPMENT 6 7 8 4 10 SHEE1 NO 1 (I CI I Y1�1� 1 . (d I at I 01 VI to 1 m D m p m S m m z rn m m, 0 o O m z m -I o IV P m cno N IV Z N ••�'� m 01 CD v O O N N J —4 m r eo' No 2� �C ^ Greeh9 rroff Sp �l'/C Oeoej< No �Q/2 afer� a m < Z 0 z 0� N TO M � r np Z Z n � C O rn Z II \ IJ lef�Mc'oo 124, fie a�er/v 6 04 ALLEY I ENGINEERING ,m/� C IDEAS WADE REAL n �/1 z �mmcT� 3231 PCOPLCS DRNC x Z 9 _ HARRISONBURG. VIRGINIA J2801 D --� n m TELEPHONE (Y.0) 434-6365 OR (800) 343-6365 FAX 432-Ofi8'+ m �^ EliV J D (5401 �w�w vull ryt•.p com .i T J.J ' Tm J.J si . mr,._ ...r �a <+n �. n.,o... arr<.r. r..= 1v •.n- .... n 'T^^ V) I N (A I-P. I U I= 1-4 I o0 I to THOMAS MOORE LAWSON, P.C. *OF COUNSEL - WILLIAMS MULLEN 120 EXETER DRIVE, SUITE 200 POST OFFICE 13OX 2740 NVINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 January 26, 2021 Candice Perkins, AICP, CZA, Assistant Director Department of Planning and Development Frederick County, Virginia 107 North Kent Street North Building, 21Id Floor Winchester, VA 22601 VIA E-MAIL Dear Candice: *TI[OMIAS MOORE LAWSON • TLAWSONRISPI.C.COMI Re: Rezoning Application #06-19-Winchester Medical Center Our File No. 1376.001 This is a follow-up to our telephone call of this morning. On behalf of Winchester Medical Center we request that the proffer amendment be removed from Wednesday night's Board of Supervisors' agenda and be deferred generally. Further, consistent with our discussion, we will provide you more than two weeks' advance notice as to when we would request that this be placed on the Board's agenda to allow sufficient time for the County to notice the matter and add it to the Board's agenda. We appreciate your Staffs and the Board's patience regarding this matter. As you know, we are working through the process of reaching an agreement to allow for access before the requirements of said access are defined. Thank you for your assistance and cooperation. Unless I hear from you to the contrary, we will assume nothing further is required to remove this from Wednesday's agenda. Further, I will not attend the meeting unless you believe my attendance is necessary to answer any questions. TML:atd cc: Winchester Medil caCeiltcl Candice Perkins Thomas Moore Lawson, Esq. '[External]'Rezoning Application 1106-19 We are in receipt of Winchester Medical Center's proposed proffer statement, revised March 9, 2021 for the above rezoning application, and your request to place this on the April 28 Board of Supervisors meeting agenda. The language of the proposed proffer statement remains such that it is not in a legally sufficient form for the Board of Supervisors to accept same. We will proceed with proposing placement of the item on the April 28 Board meeting agenda, as that is the applicant's request, unless you indicate otherwise. Specifically, the third point of item 8 under Street Improvements is not sufficiently definite to constitute an enforceable proffer provision. In order for the County to enforce item 8, the provision would require the County to ascertain what constitutes "proper consideration" for the easement involved. For example, in that the necessary easement area involved, to connect the properties to the west of Botanical Boulevard, a dedicated public right-of-way, constitutes approximately 1,500 square feet (50 feet wide by 30 feet deep), just one possible methodology for determining sufficient consideration would be to use the tax assessed value of Tax Parcel 53-A-68 — $50,000 per acre (or $1.1478 per square foot). Using that methodology, sufficient consideration would be $1,721.70 (1,500 square feet times $1.1478 per square foot). I do also note two other technical revisions to the proposed proffer statement that would be appropriate. Under Preliminary Matters, in the last sentence regarding the nonapplicability of the proposed proffer statement if not accepted, the reference to "the existing proffer statement for the B-2 tract" should refer to "the entire 88.1212-acre portion of Tax Parcel 53-A-68", in that the 88.1212-acre portion is split zoned B2/MS. Also, in the middle of the large paragraph in item 7 under Street Improvements, there is reference to traffic impact from "Tax Map 53-A-68, including parcels A, B, C, D, and E". For the best clarity, the reference might better read "Tax Parcels 53-A-68 and 53-A-68A, - 68B, -68C, -68D, and -68E." County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia fcva.us Candice Perkins From: Rod Williams Sent: Monday, April 19, 2021 11:35 AM To: Thomas Moore Lawson, Esq. Cc: Candice Perkins Subject: RE: '[External]'Rezoning Application 4106-19 Ty, We are in receipt of Winchester Medical Center's proposed proffer statement, revised March 9, 2021, for the above rezoning application, and your request to place this on the April 28 Board of Supervisors meeting agenda. The language of the proposed proffer statement remains such that it is not in a legally sufficient form for the Board of Supervisors to accept same. We will proceed with proposing placement of the item on the April 28 Board meeting agenda, as that is the applicant's request, unless you indicate otherwise. Specifically, the third point of item 8 under Street Improvements is not sufficiently definite to constitute an enforceable proffer provision. In order for the County to enforce item 8, the provision would require the County to ascertain what constitutes "proper consideration" for the easement involved. For example, in that the necessary easement area involved, to connect the properties to the west of Botanical Boulevard, a dedicated public right-of-way, constitutes approximately 1,500 square feet (50 feet wide by 30 feet deep), just one possible methodology for determining sufficient consideration would be to use the tax assessed value of Tax Parcel 53-A-68 — $50,000 per acre (or $1.1478 per square foot). Using that methodology, sufficient consideration would be $1,721.70 (1,500 square feet times $1.1478 per square foot). I do also note two other technical revisions to the proposed proffer statement that would be appropriate. Under Preliminary Matters, in the last sentence regarding the nonapplicability of the proposed proffer statement if not accepted, the reference to "the existing proffer statement for the B-2 tract" should refer to "the entire 88.1212-acre portion of Tax Parcel 53-A-68", in that the 88.1212-acre portion is split zoned B2/MS. Also, in the middle of the large paragraph in item 7 under Street Improvements, there is reference to traffic impact from "Tax Map 53-A-68, including parcels A, B, C, D, and E". For the best clarity, the reference might better read "Tax Parcels 53-A-68 and 53-A-68A, - 68B, -68C, -68D, and -68E." Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia ,fcva.us i COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 19, 2019 Mr. Daniel Michael, PE Valley Engineering 4901 Crowe Drive Mount Crawford, Virginia 22841 RE: Proposed Rezoning Winchester Medical Center II Property Identification Number (PIN): 53-A-68 Dear Daniel: I have had the opportunity to review the draft rezoning application for the Winchester Medical Center II rezoning. This application seeks to revise the proffers for a total of 102 acres of land (132 — 50.054, MS — 51.8675 acres); this property was originally rezoned in 2003. The review is generally based upon the application and proffer statement submitted on August 6, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Site Acreal4e. Portions of the site are now owned by different entities — the acreage of the rezoning needs to be update and show only areas owned by WMC. 2. Generalized Development. Tile "Plan of Development" needs to be changed a Generalized Development Plan as that is the terminology utilized in the proffer statement. 3. Proffer 4. On the revised proffer — a portion of proffer 4 is missing. 4. Concept Plan/Landscapinp,. There are two additional sheets for the Generalized Development Plan — these need to be included as they correspond to the landscaping proffer. 5. Entrance to Botanical Blvd. The terminology states "entrance to residential", this should be revised only an entrance as this property is zoned commercially. The last sentence should also be removed as a rezoning for this site has previously been approved. 0 0 Page 2 Mr. Daniel Michael, PE RE: WMC II August 19, 2019 6. Ageney Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation and the County Attorney. 7. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, a proffer amendment without a public licaring is $1,000. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd cc: Mark Baker, 1836 Amherst Street, Winchester VA 22601 A VALLEY I FNGINFFRINC DOCUMENT TRANSMITTAL Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Project Name Winchester Medical Ctr II — Rezoning Request VESP Project No 11258-4 From Daniel Michael. P E Date 08/05/2019 WE ARE TRANSMITTING: ® Originals ❑ Copy of Letter ❑ Prints/Copies Sent Via: ❑ Mail ❑ Overnight (AM) ❑ Overnight (PM) ® Hand Delivered ❑ Client Pick-up ❑ Invoice ❑ For Your Use ❑ Check ❑ Per Your Request ❑ Contract E For Review and Comment ❑ Sign and Return DESCRIPTION: ITEMS BEING TRANSMITTED Date # Prints Rezonin Request Letter 8/05/19 1 Rezoning Request Proffers 8/05/19 1 Rezoning Request Application 8/05/19 1 Special Limited Power of Attorney Form 8/05/19 1 Map Exhibits 8/05/19 1 REMARKS: ❑ Sign, Record and Return ❑ Accepted as submitted ❑ Accepted as noted ❑ Returned for corrections Received By TD� LAJCIJy�- Date 4901 Crowe Drive • Mount Crawford, VA 22841 Phone (540) 434-6365 • Fax (540) 432-0685 www.valleyesp.com C� E Candice Perkins From: Daniel Michael <dmichael@valleyesp.com> Sent: Thursday, January 16, 2020 7:35 AM To: Candice Perkins Cc: Thomas Moore Lawson, Esq.; mbaker@valleyhealthlink.com; Carl Snyder; Craig George Subject: RE: Proffer Status Attachments: 11-20-19 GPD.pdf Candice, Forgive my delay in response. I was in Winchester for meetings all afternoon yesterday, one of which dealt with this project. Attached is the document we'd like to see distributed for the BOS meeting next Wednesday. This document is the GDP, as originally submitted, that does not contain the note which lead to the discussion about traffic from adjacent properties. This note has been removed to establish this document more closely with the previously approved proffers, recorded documents, and approved rezoning documents for adjacent properties. Since this matter has gone beyond that which is typically handled by the engineer, please note that Ty Lawson will be handling this matter from here forward. Let us know your thoughts and have a wonderful rest of your day! Daniel K. Michael, PE Partner I Principal -in -Charge VA L L E Y I ENGINEERING 4901 Crowe Drive Mount Crawford, VA 22841 Of c,Y: [5„10; 43-1-6 365 X -202 Email: dmichael@valleyesp.com From: Candice Perkins <cperkins@fcva.us> Sent: Wednesday, January 15, 2020 2:15 PM To: Daniel Michael <dmichael@valleyesp.com> Subject: Proffer Status 1-[i Daniel, wllat is the status of the proffer statement? 'I'lianks. Candicc Candice Perkins, AICI', C%A Assistant Director Frederick County Department of Planning & Development 107 North Kent Street 3 4 S 6 7 M G ,� f --77-EASTBOUND _ _WESTBOUND _1 RC0.1TE 5O --- --�- kcl,.u„ \ - .\I 4,'- a,.• � I - w ROW WINCHESTER MEDICAL CENTER WEST CAMPUS ior-I l� �i \ z QQ 1NDSCAPE BUFFER DRIVE PARKING LANDSCAPE_BUILDING DE LANE zLANg o> @ $o¢a w kmjx>. Lu J „ J Q F'HUVIULU VVI I" VUU I rum THIS INTERSECTION AT SITE PLAN STAGE OF THIS DEVELOPMENT 25 BOr1oG 1 1.3888 AC. NORTH OF ZONING LINE. OWNED BY VALLEY HEALTH BUT NOT INCLUDED IN REZONING PRELIMINARY ISSUE CONSTRUCTION OTFOR B-2 USES = t„►►►►�►'B-2 USES KAS ;,1111{IIfR'l► ;�►►►,►►,►11(1111t{IIINIIIIIIIUIt1111111111111111111UUlUi1L `--AREA NCIN INCLUDE: le►►►► ,,/I"41111111111U1111lATjjTlmllllllllllllillllll11111111►11►11i1 �': I REZONING MS USES \, t \= PROJECT No. 7767-P ( - _ INIERCMA EN _ EXP /CLIENT No. 110547 DRRECCINCI SCALE 1'=20d AREA NOT INCLUDED IN REZONING � GENERALIZED WINCHESTER \ PLAN LAN OF DEVELOPMENT CENTER N `.,HE I T N(' 1� 7 H 1) 1 • 0 1 10 2 1 3 10 4 1 5 1 6 I 7 1 is 1 9 L K i H G F E D c B A -Woolf 40, C. cv-0 'o V ' is ccr._;^,—��\ /j/ / / % / tij lij C) (15Y lqj (7) -Q, -61 j, Qj 0 r o C)o C , � s' � O �' Q c . o�,` f / � �, r? 1 o I �° ocl �' '�° � �° / �° `¢, 'i ° J y° �p J _ �� �j� �Q 1 4 a ] �b °� o` % °� �° L is rb �c __ �% i� /// \ r�c� /�� s��°�� � mc�o / 0 c C9 q) C% Q) C) Q) WINCHESTER MEDICAL CENTER WEST CAMPUS f W L; fl( 1. U.uV fY 'JA 0 w W z N „fie w PRELIMINARY ISSUE NOT FOR CONSTRUCTION REVISIONS DATE* 10-18-19 PROJECT No. 7767-2 EXPJCLIENT No.: 11054-7 SCALE: TBLKSCALE GENERALIZED PLAN OF DEVELOPMENT SHEET NO.: 2 1 2 1 3 1 4 1 5 1 6 1 7 1 6 1 9 1 10 ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Postponed January 22, 2020 ORDINANCE AMENDING TI-IE ZONING DISTRICT MAP REZONING #06-19 WINCI-IESTER MEDICAL CENTER, INC. WHEREAS, REZONING 906-19, Winchester Medical Center, was submitted by Valley Engineering, PLC to revise the proffered Generalized Development Plan approved with Rezoning 902-03 for 37.5424+/- acres zoned B2 (General Business) District and 51.8675+/- acres zoned MS (Medical Support) District; minor text revisions are also proposed to reflect the updated internal street network within the development with a final revision date of November 20, 2019. The subject property is on the northern side of Route 50 West and west of Route 37 in the Gainesboro District and is identified by Property Identification No. 53-A- 68; and WHEREAS, the Planning Commission discussed this rezoning at their December 18, 2019 meeting and recommended approval; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 8, 2020 meeting and tabled the item until the January 22, 2020 meeting; and WHEREAS, the Board of Supervisors discussed this rezoning at their January 22, 2020 meeting and recommended approval; 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 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 proffered GDP for 89.4099 acres of property identified by Property Identification Number 53-A-68 to allow for potential alternative development and to make minor text revisions to reflect the updated internal street network within the development with a final revision date of November 20, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes. #02-20 -2- This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Gene E. Fisher Blaine P. Dunn PDRes. #02-20 Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator COUNTY of FRICDERICK Office of the County Attorney 540/722-8383 Fax 540/667-0 370 August 23, 2019 VIA E-MAIL AND R' GULAR MAIL Daniel K. Michael, P.E. Valley Engineering; PLC 4901 Crowe Drive Mount Crawford, VA 22841 Re: Rezoning Application — Winchester Medical Center II Rezoning Tax Parcel Number 53-A-68 (the "Property") Dear Mr. Michael: You have submitted to Frederick County for review a proffer statement (the "Proffer Statement") for the proposed rezoning of the Property. The Property, following subdivisions of it in 2004, 2008, and 2016, now contains 89.51f acres, more or less, and is located in the Gainesboro Magisterial District. It appears that the 51.9676t acres, more or less, of the Property rezoned to the NIS Medical Support District in 2003 remains nitact, but that the portion of the Property in the B2 General Business District would now be 37.5424± acres, more or less, following the referenced subdivisions. If the proposed rezoning is intended to apply to any of the parcels subdivided from the Property, the application and the Proffer Statement will need to include references to those parcels by their current Tax Parcel Numbers and include signatures from those owners, if they are different legal entities from the applicant. The Proffer Statement proposes to eliminate specifications in the Generalized Development Plan, from the 2003 rezoning of the Property, designating certain areas of the Property for certain uses. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Because proffer statements are now recorded in the land records, the heading of the Proffer Statement should clearly identify the owner(s) of the Property, to 107 North Kent Street o Winchester, Virginia 22601 2 • Daniel K. Michael, P.E. August 23, 2019 Page 2 enable indexing. Also, to allow ready reference in the event of revisions to the draft, the Proffer Statement should note a version date in the heading. • References in the Proffer Statement to the "Applicant" should properly be to the "Owner"P'Owners", as appropriate, as it is the owner of a property (and the owner's successors and assigns) that is bound by a proffer statement. Preliminary Matters — The citation to Section 15.1-491.1 et seq. of Code of Virginia was obsolete at the time of the 2003 rezoning and remains obsolete. The General Assembly recodif cd Title 15.1 as Title 15.2 in 1997. The current reference should be to Section 15.2-2296 et q� of the Code of Virginia. Preliminary Matters — Subject to my comment at the outset about the scope of the proposed rezoning, the Proffer Statement would best update references from the 2003 rezoning and describe the action taking place as the revision of proffers for the current 51.9676f acres, more or less, of MS zoned area and the for the currently remaining 37.5424± acres, more or less, of B2 zoned area, unless one or more of the parcels subdivided from the Property is to be included. Along these lines, I do note that, with respect to the development on what is now Tax Parcel Number 53-A-68E, the current use appears to be inconsistent with the Generalized Development Plan from the 2003 rezoning and that the Generalized Development Plan for the proposed rezoning does conform the use. Generalized Development Plan ("GDP") — The Proffer Statement refers to the "Generalized Development Plan", but the attached document is titled "Plan of Development". This creates potential ambiguity. Also, the Proffer Statement refers to only sheet 2 being attached and the attached sheet is in fact so labelled. The attachment should be titled "Generalized Development Plan" and should not indicate a sheet number other than sheet number 1, unless what is supposed to be attached consists of multiple sheets, in which case the submission is incomplete unless all sheets are included. Street Improvements — Staff will want to confirm the completion of the indicated improvements, including item 7, the entire length of 1800 feet of a major collector road muting north from Route 50. If item 7 has not been fitly completed, the Proffer Statement needs to state a time for the actual completion of the improvement. Street Improvements — The Proffer Statement indicates entrances from Route 50 shall be at two points as shown on the GDP, with the GDP showing access at Botanical Boulevard and potential access at what is now Tax Parcel Number 53- A-68C. Because Botanical Boulevard has since been dedicated to public use (Instrument Number 080006461), access at Botanical Boulevard is therefore no longer access through the Property or, for that matter, through any private Daniel K. Michael, P.E. August 23, 2019 Page 3 property. Therefore, to avoid ambiguity, it appears that revising the language to refer to just one access may be appropriate. Landscape Design Features — The Proffer Statement refers to an attached "Concept Plan revised June 18, 2019", but no such document was with the materials I received and I am unable to complete a review without that document. Likewise, the individually numbered items in this section indicate "An illustrative ... is attached", but it is unclear if this is the "Concept Plan" or some other document; similarly, the references to "118", "119", and " #10" should indicate that these are references to the GDP. With respect to item 3, 810 is not identified on the GDP. Adjoiner Notifications — The list needs to include Tax Parcel Number 53-A-68A, owned by Winchester Ilotel Partners III LP. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as My understanding is that review will be done by staff and the Planning Commission. Sincer^ly, Roderic - B. Williams County Attorney cc: Candice E. Perkins, Assistant Director of Planning & Development, Frederick County via c-mall) Candice Perkins From: Mark Cheran Sent: Thursday, September 5, 2019 10:47 AM To: Candice Perkins Subject: FW: Winchester Medical Center II "West Carnpus" - Rezoning Request Attachments: Agenda_Item_6A_Dec_09_LA_Resol_Rte_37.pdf Word From: Matthew Smith <Matthew.Smith@vdot.virginia.gov> Sent: Thursday, September 5, 2019 9:55 AM To: Mark Cheran <mcheran@fcva.us> Cc: Daniel Michael <dmichael@valleyesp.com>; Scott Alexander<scott.alexander@vdot.virginia.gov>; Terry Short <terry.shortjr@vdot.virginia.gov>; Rhonda Funkhouser<rhonda.funkhouser@vdot.virginia.gov> Subject: Winchester Medical Center II "West Campus" - Rezoning Request Dear Mr. Cheran: We have reviewed the above subject Rezoning Application dated August 5, 2019 for impacts to the local transportation system. We have no overall objection to the proposed rezoning with the following comment being addressed. We suggest that the conditions as they relate to the Western Campus - Limited Access Control Changes Route 37 (December 17, 2009) be brought into the amended proffer. As it remains important for all parties to be reminded of the gated -access limitations envisioned as part of the Commonwealth Transportation Board (CTB) approval. This could be accomplished by amending the Street Improvements section of the proffers as follows: "The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards...." We also suggest including a copy of the Resolution of the CTB (attached) be included as an appendix to the proffer. If you have any questions or need further information, please do not hesitate to give me a call at (540) 984-5615. Sincerely, Matthew B. Smith, P.E. Area Land Use Engineer• VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 FLORA ATTOBNEYS AT PETTIT AT LAW 131I1 Shl]]1OhC1SC1' Phone: (5110) ,I37-3100 Attorney at Law Fax: (540) 437-3101 go North Main Street, Suite 2o1 Direct: (540) 437-3137 P.O. Box 1287 wes@fplegal.com Harrisonburg, Virginia 22803 February 5, 2020 Thomas Moore Lawson, Esquire Thomas Moore Lawson, P.C. 120 Exeter Drive, Suite 200 P.O. Box 2740 Winchester, Virginia 22604 By Mail and Email: t1a►ison(fi)1sp1c.eom (without enclosures) Re: Right Of Access To Botanical Boulevard By Adjoining Properties Rezoning Application # 06 - 19 Dear Mr. Lawson: I represent CRT Properties, LLC, owned by Carolyn R. Turner, owner of Frederick County Tax Map # 53—A-74, which adjoins Botanical Boulevard. This letter is being sent with the approval of Eds Coleman, who represents Nancy Johnson, owner of Frederick County Tax Map #s 53—A-75, 76 and 77, which also adjoin Botanical Boulevard. Due to recent events in connection with Winchester Medical Center's Rezoning Application, of which you are aware, some members of the Frederick County Board of Supervisors have suggested that they would prefer having us meet with Winchester Medical Center's representatives to see if we can resolve this issue between us, rather than force the Frederick County Board of Supervisors to make a difficult decision which may be unpopular for one or the other party; and which could wind up delaying Winchester Medical Center's current rezoning application indefinitely. Mr. Coleman and I therefore request the opportunity to meet with the Winchester Medical Center's representatives as quickly as possible to discuss the issue of access for our clients' properties to Botanical Boulevard. I believe you already have a copy, but in case you do not, I enclose a copy of the letter and enclosures I sent to the Board Of Supervisors on January 15, 2020, which I think fairly outlines our clients' position. I do need to raise a delicate issue: If our understanding of the historical background is correct, you would be legally conflicted from representing Winchester Medical wwwSplegal.com Charlottesville I Harrisonburg E February 5, 2020 Page 2 Center with respect to this particular issue. According to Wendell Johnson, you rCp1-CSCntCd him through the two-year Rezoning Application and Proffer process conducted in 2007 and 2008, during which process Wendell Johnson was acting on behalf of Nancy Johnson and Carolyn Turner, by contract right delegated to him Under their respective Sales Contracts. The actual Rezoning Application and attached Proffers now at issue, were actually submitted in the names of' Nancy Johnson and CRT Properties, LLC (i.e., Carolyn Turner). If Wendell Johnson's recollection is correct, then you were, in effect, representing the interests of Nancy Johnson and Carolyn Turner, specifically with respect to the very issues now being discussed. To the extent Winchester Medical Center takes a position economically adverse to Nancy Johnson and CRT Properties, LLC, because of legal work you did for Nancy Johnson and CRT Properties, LLC, I believe you would be ethically prohibited from representing Winchester Medical Center in connection with any negotiations or litigation seeking to resolve these access issues. Looking forward to working with Winchester Medical Center, I am, with respect, Very truly yours, N Bill Shmidheiser Counsel to CRT Properties, LLC 22734 / 001 / 807471.doc cc: I4. Edmunds Coleman, Esquire February 5, 2020 Page 3 CIRCULATION LIST (without enclosures): Charles S. DeI-Iaven, Jr. Blaine P. DLlllil 2075 Martinsburg Pike 115 Bedford Drive Winchester, VA 22603 Winchester, VA 22602 Robert W. Wells Gene Fisher 5114 Laura Drive 246 Bush Drive Stephens City, VA 22655 Winchester, VA 22602 Shawn L. Graber Judith McCann -Slaughter P.O. Box 345 562 Milburn Road MiddletoNam, VA 22645 Winchester, VA 22603 J. Douglas McCarthy Candice Perkins, AICP, CZA 302 W. Boscawen St Assistant Director Winchester, VA 22601 Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 By Mail and E-mail cperkinsR( cna.us Roderick Williams, Esquire Frederick County Attorney 107 North Kent Street, 3rd Floor Winchester VA 22601 `r F D 7 2020 0 0 BRYAN & COLEMAN, P.L.C. Attorneys at Law 118 South Braddock Street Winchester, VA 22601 H. Edmunds Coleman, III January 22, 2020 VIA E-MAIL To The Members of The Frederick County Board of Supervisors: Charles S. DeHaven, Jr., Chairman At -Large Shawn L. Graber, Back Creek Supervisor J. Douglas McCarthy, Gainesboro Supervisor Robert W. Wells, Opequon Supervisor Blaine P. Dunn, Red Bud Supervisor Gene Fisher, Shawnee Supervisor Judith McCann -Slaughter, Stonewall Supervisor Roderick Williams, Esquire, County Attorney Candice Perkins, AICP, CZA, Assistant Director Mike Ruddy, Director of Planning & Development Tel: (540) 545-4172 Fax: (540) 545-4173 Email: edscoleman@edscolemanlaw.com <clidehaven@fcva.us> <shawn. graber@fcva.us> <dmccarthy@fcva.us> <nvells@fcva.us> <bdunn@fcva.us> <gfisher@fcva.us> <j slaughter@fcva.us> <rwillia@fcva.us> <cperkins@fcva.us> <mruddy@fcva.us> Re: Right of Access To Botanical Boulevard By Adjoining Properties/Rezoning Application #06-19 — Winchester Medical Center, Inc. — Adjoining Property Owners Nancy R. Johnson Parcels / TMP #53-A-75; 53-A-76; and 53-A-77 and CRT Properties, LLC / TMP #53-A-74 Dear Gentlemen and Ladies: I represent Nancy R. Johnson, owner of the three Tax Map Parcels noted above, which adjoin Botanical Boulevard. Mrs. Johnson's Property and the CRT Properties' Parcel were rezoned to B-2 in 2008 (the "Botanical Square Properties Rezoning"). Winchester Medical Center's Rezoning Application #06-19 is a proposed "minor proffer amendment for minor text revisions and revisions to the approved Generalized Development Plan (GDP)" associated with Rezoning 402-03, with the Medical Center proposing to remove uses shown on the proffered GDP and to remove a proffer regarding landscape design features related to the Medical Center's internal road system. The Planning Staff has repeatedly noted (in its reports to the Planning Commission and the BOS) that the "impacts associated with the change of use are very limited; no additional impacts to Frederick County or the surrounding property owners are anticipated." However, the Staff Report prepared January 16, 2020 for the January 22, 2020 BOS meeting specifically notes: "The Board of Supervisors held a public meeting for this item on January 8, 2020. The Board postponed action on the item until the January 22, 2020 [meeting] to allow the Applicant to provide clarification on whether the access will be granted at no charge or is intended to be sold." E Board of Supervisors January 22, 2020 Page 2 "Staff Update: Since the Board of Supervisors' January 8, 2020 meeting, the Applicant has submitted a revised GDP that removes all references to an access to the adjacent property for access to Botanical Boulevard." The language which has now been removed from the Medical Center's current revised GDP is the following: "ENTRANCE TO BOTANICAL BLVD ENTRANCE TO COMMERCIAL USE AREAS SHALL BE GRANTED BY WINCHESTER MEDICAL CENTER." The Medical Center's removal of the reference to access, especially in light of the January 8, 2020 continents to and questioning of the Applicant by Supervisors McCarthy and Dunn, seemingly places into question the Medical Center's commitment to providing access Mrs. Johnson's Property and the CRT Properties' Parcel. The prior Planning Commission and Board meetings considering the Medical Center's Rezoning Application #06-19 were not public hearings, nor is the January 22, 2020 Board meeting a public hearing. Therefore, Mrs. Johnson has received no formal notice of the Planning Commission's or the Board's consideration of Application #06-19. Nevertheless, Mrs. Johnson is, in fact, significantly impacted. Following the January 8, 2020 Board of Supervisors Meeting, Winchester Medical Center has now revised its Generalized Development Plan to eliminate reference to access to the Johnson and CRT Properties' Parcels. Such revised Generalized Development Plan is on the Agenda for the Board's Wednesday, January 22, 2020 Meeting. This letter is submitted in addition to, and in supplementation of, Attorney Bill Shmidheiser's January 15, 2020 letter (presented on behalf of CRT Properties) and the attachments to such letter. Mrs. Johnson joins with, and reiterates, the positions stated in Mr. Shmidheiser's January 15 letter, specifically including: 1. Mrs. Johnson's Parcels have a "by -right" right of free access, across the 35 foot wide landscaping strip owned by Winchester Medical Center, lying between the Johnson Parcels and Botanical Boulevard. 2. As established by the "history" of the various parcels and the rezonings, proffers, and Deeds of Dedication [particularly the March 11, 2008 Dedication to Frederick County of Botanical Boulevard containing on Sheet 3 of 3 of the Dedication Plat the notation that entrance to Mrs. Johnson's Property and the CRT Properties' Parcel "shall be granted by" the Medical Center] related thereto, and other relevant documents referenced in and provided as attachments to Mr. Shmidheiser's January 15 letter, the only commercial access permitted for the Johnson and the CRT Properties' Parcels [referred to as the "Four Echo Lane Properties" in the January 15 letter] is onto and via Botanical Boulevard. Winchester Medical Center is legally committed and obligated to provide free, unrestricted access to the Johnson and the CRT Properties' Parcels. Board of Supervisors January 22, 2020 Page 3 4. Winchester Medical Center has no standing or right to now seemingly attempt to deny or renounce such unrestricted right of access. Such right of access is subject to the utilization of the Johnson and the CRT Properties' Parcels consistent with the current B-2 rezoning. Mrs. Johnson respectfully opposes approval of Winchester Medical Center's Amended proposed Generalized Development Plan due to the elimination of the reference to access to the Johnson and CRT Properties' Parcels. Instead, she joins with CRT Properties in requesting clarification and confirmation that, pursuant to the prior Proffers of Winchester Medical Center, the "by -right" right of free access by the Johnson and CRT Properties Parcels to Botanical Boulevard be acknowledged and established. Mrs. Johnson greatly appreciates your consideration of her concerns. Respectfully submitted, H. Edmunds Coleman, III, Esq. Counsel for Nancy R. Johnson HECIIUcIk cc: Nancy R. Johnson M:\Johnson, Nancy\Rezoning Proffers & Access (Echo Ln & Botanical Blvd)\Ltr to BOS (FINAL) 1-22-20.doex 0 • FLORA ATTORNEYS � `J20 AT LAW ; PETTIT Bill Shmidheiser Attorney at Law Direct: (540) 437-3137 wes@fplegal.com January 15, 2020 Phone: (540) 437-3100 Fax: (540) 437-3101 go North Main Street, Suite 201 P.O. Box 1287 Harrisonburg, Virginia 22803 To The Members of The Frederick County Board Of Supervisors and Planning Commission on the attached Circulation List Re: IZIght Of Access To Botanical Boulevard By Adjoining Properties Rezoning Application # 06 - 19 Dear Gentlemen and Ladies: I represent CRT Properties, LLC, owned by Carolyn R. Turner, owner of Tax Map # 53—A-74, which adjoins Botanical Boulevard. It has come to Carolyn Turner's attention that the above Rezoning Application came before the Frederick County Board Of Supervisors ("the Board") last Wednesday, January 8, 2020, and will come back before the Board again on Wednesday, January 22, 2020, for further discussion about the rights of adjoining landowners to access Botanical Boulevard, specifically, their by -right of free access to Botanical Boulevard. Carolyn Turner advises that she did NOT get any Notice of Rezoning Application # 06 — 19, although CRT Properties, LLC is on the list of owners who were supposed to get Notices, and her address is correctly listed in the Mailing List. Nevertheless, Carolyn Turner has, fortunately, now heard about it and wishes to be heard on Wednesday, January 22, 2020 on the particular issue discussed at the January 8 Hearing, which is supposed to come before the Board for further clarification on January 22, 2020: That as per prior Proffers of Winchester Medical Center, Inc., approved by Frederick County as a condition of prior rezoning requests, CRT Properties, LLC has a by -right right of free access across the 35- foot Landscaping Strip" owned by Winchester Medical Center, Inc., lying between CRT Properties' property and Botanical Boulevard, specifically at the point of Marriott Drive. Given that the question could even be asked, it is apparent that it is important that the issue be clarified - - - again - - - by written Proffer approved by the Board Of Supervisors in connection with this Rezoning Application # 06 — 19. As will be explained below, that specific right of access, for free and without limitation or conditions by Winchester Medical Center, Inc., was previously set forth in prior Proffers approved by the Board. At such time as CRT Properties, LLC seeks a Building Permit for a Commercial Use of its property, it must, among other things, pay Frederick County $150,000, and must meet certain other conditions specifically set forth in the Proffer approved by Frederick County - - - but Winchester Medical Center, Inc. cannot charge my client for access www.fplegal.com Charlottesville I Harrisonburg January 15, 2020 Page 2 across its Landscaping Strip, nor may Winchester Medical Center impose any conditions or restrictions on the development of my client's property. This letter will set forth the history of the parallel and contemporaneous approvals for the rezoning applications of what I will call "the Pour Echo Lane Properties," and the rezoning applications for the Winchester Medical Center's Plan of Development, as well as the right of access for "the Pour Echo Lane Properties" onto Botanical Boulevard. The history and documentation set forth below shows that the two rezoning applications were intertwined. When I say "the Four Echo Lane Properties," I refer to the following: Owner Tax Map ## Acreage Frederick County Currently Zoned Tax -Assessed as: Value CRT Properties, LLC 53 — A — 74 1.25 $ 635,900 B — 2 (owned by Carolyn Turner) "164 Echo acres (subject to Deed Book 938 / 150 Lane" Proffers) Nancy Renner Johnson 53 — A - 75 1.00 $ 475,200 B — 2 2054 Northwestern Pike acres (subject to Winchester, Virginia 22603 Proffers) From Paul C. Renner and Clara H. Renner Deed Book 507 / 219 Nancy R. Johnson 53 — A - 76 1.00 $ 621,900 B — 2 Deed Book 586 / 878 acres (subject to Proffers) Nancy Renner Johnson 53 — A — 77 0.84 $ 442,900 B — 2 Will Book 117 / 1174 "118 Echo acres (subject to Lane" Proffers) I enclose copies of all referenced documents. In August of 2007, Nancy Jolmson and Carolyn Turner entered into Contracts to sell their properties to a man named Wendell Jolulson (no relation to Nancy Johnson). Their Contract Of Sale was subject to Wendell Johnson's being able to get the properties rezoned (upzoned) from Residential to B-2. Nancy Jolulson and Carolyn Turner (CRT Properties) agreed to cooperate in that Rezoning Request and, indeed, although the Rezoning Applications was entirely prepared and negotiated by Wendell Johnson and his Engineers, Carolyn Turner and Nancy Johnson both actually signed the Proffer in support of the Rezoning Request (enclosed). • • January 15, 2020 Page 3 As explained in more detail below (and in the attached documents), pursuant to those Proffers approved by Frederick County, the only commercial access permitted for the Four Echo Lane Properties, is onto Botanical Boulevard, specifically at its intersection with "Marriott Drive." LEGALLY BINDING PROFFERS IN SUPPORT OF THE ECHO LANE PROPERTIES' B-2 UPZONING On October 22, 2008, Frederick County did approve the Proffers which Wendell Johnson submitted in the names of the Four Echo Lane Properties owned by CRT Properties and Nancy .Johnson (with tlicir permission and their signatures), in support of the Application to up - zone both of their properties. In reliance on those Proffers, Frederick County did grant the Rezoning Request, upzoning the Four Echo Lane Properties to B-2. But then, shortly after obtaining the B-2 Zoning which was a precondition to his Closing, Wendell Johnson filed Chapter 7 bankruptcy and lie never did close on his Purchase Contract. But, the B-2 Zoning stuck. So, the Four Echo Lane Properties are zoned B-2, and are legally bound by these Proffers. Effectively, the Four Echo Lane Properties cannot be sold separate from one another. That is to say, technically either owner could sell their property to someone else - - - but anyone else would be a fool to buy one property without control of the other (or being in a cooperative relationship with the other). Here is why: 1. Prior to the Nancy Johnson / CRT Properties' Rezoning Application, their access to Route 50 was solely by Echo Lane. That access continues so long as the Four Echo Lane Properties remain solely in their grandfathered use as Residential. 2. However, the following Proffers bind the Four Echo Lane Properties_as to any new commercial use and are triggered at such time as a Building Permit is requested on any portion of the Four Echo Lane Properties. 3. Any commercial use of the Four Echo Lane Properties will have NO access from Northwestern Pike (Route 50), Echo Lane. The sole access for these properties will be at a specific, designated point onto Botanical Boulevard, being the intersection with Marriott Drive, through the duly planned (but currently non-existent) entrance through the 35-foot "Landscape Strip" between the Four Echo Lane Properties and Botanical Boulevard. That entrance is specifically planned to be facilitated by the installation of a traffic light - - - at the "applicant's" expense, if VDOT requires it. 0 0 January 15, 2020 Page 4 4. Pursuant to the Proffer binding the Four Echo Lane Properties even if VDOT decides the new traffic light at the intersection of Marriott Drive and Botanical Boulevard is not necessary, the Applicant agrees to pay Frederick County $150,000 ' for f lure transportation in ll rovements ivithin the Route 50 and Botanical Boulevard rights of ivay" at such time as a Building Permit is requested on either property. This $150,000 must be paid prior to Issuance of an Occupancy Permit for any new commercial buildings on the Four Echo Lane Properties. 5. With respect to Nancy Johnson's properties, the Owner is also obligated to set aside a 50-foot wide landscaped "Buffer Zone" between any development of the property and Northwestern Pike. The details of what the "Buffer Zone" must include are spelled out in the 2007 Proffer: That 50-foot wide strip must at a minimum include a bicycle / pedestrian all-weather surface path, at least one shade tree every 40 feet, at least one ornamental shrub every 5 feet, etc., etc. 6. Another 35-foot wide Buffer Strip is imposed along Botanical Boulevard for the Four Echo Lane Properties, with similar landscaping requirements. 7. The 2007 Proffer limits the total gross commercial floor area allowed on the Four Echo Lane Properties, in total, to 36,000 square feet. 8. "The Applicants" must also pay $5,000 to the Treasurer of Frederick County for "Fire and Rescue Services" for impacts to fire and rescue services "upon the receipt of the first Building Permit for the site." 9. As presently configured, CRT Properties must also create a 50-foot wide "Buffer Strip" between its property and the property immediately to the north, which was previously owned by Marsha A. DeHaven and Janice P. Llewellyn (Tax Map # 53-A-73), but which was acquired by CRT Properties, Inc. in September, 2019. Meanwhile ... The 2004 Subdivision By Winchester Medical Center of a 3.9481 Acre "Marriott Tract" Prior to 2004, the sole access from U.S. Route 50 to the Four Echo Lane Properties, and to other lands owned by Fruit Hill Orchard, and to a separate 101.9214-acre tract of adjacent land owned by Winchester Medical Center, was on a private road called `Echo Lane." Beginning in 2003, Winchester Medical Center began working on development plans for its large tract. It proceeded in stages: First, by Deed of Dedication dated August 12, 2004, recorded on August 13, 2004 in the Clerk's Office of the Circuit Court of Frederick County as Instrument # 040016054, Winchester Medical Center Subdivided off a 3.9481 acre Tract, as per an attached Plat drawn by January 15, 2020 Page 5 Randy A. Stowers, of the engineering firm of "Gilbert Clifford & Associates, a Division of Patton Harris Rust & Associates," dated July 27, 2004. (All of this detail is important). (Note: The Deed of Dedication refers to a "Plat &used Augus/ 12, 2004, " but the actual Plat attached to the Deed of Dedication is dated July 27, 2004. Winchester attorney Ben Butler drafted the Deed, and I believe this is a harmless typo.) Frederick County and the Winchester Medical Center both understood at the time, that the intent was to sell the newly -created 3.9481-acre Tract to a developer to build a large Marriott Hotel (as indeed happened just a few weeks later). You will note that as per that July 27, 2004 Plat, approved by Frederick County, the sole access to this new 3.9481 acre tract was stated to be by Echo Lane, in a long, roundabout way. The July 27, 2004 Plat, stamped as "Approved" by Frederick County, included a number of significant Proffers: • That there must be a 50-foot landscaped buffer between U.S. Route 50 and the Winchester Medical Center's property, including the new 3.9481 acre tract. • That at such time as a Building Permit is issued, the then -owner of the new 3.9481 tract must contribute $25,000 to the Round Hill Fire and Rescue Company, $5,000 to the Frederick County Sheriff's Office, and $5,000 to the Frederick County Administrative Building. • This Plat contemplated that "Echo Lane" would be widened, paved, and renamed "Perriwinkle Drive" which at that time would be the sole access to the new 3.9481 acre tract and the rest of Winchester Medical Center's property. • The Proffers contemplated extensive acceleration / deceleration lanes for the approach to Echo Lane / Perriwinkle Drive. • The Proffers limited the total daily traffic count to Winchester Medical Center's entire tract, including the new 3.9481 acre tract, to 14,000 vehicle trips per day (average weekday volume). But Here Is What You Need To Know: This 2004 Deed Of Dedication Was Never The Real Plan Notwithstanding the level of detail set forth in the Plat dated July 27, 2004 and the Deed of Dedication dated August 12, 2004, the scheme set forth in that Deed, Plat and Proffers for the sole access to Winchester Medical Center's property to be by Echo Lane / Perriwinkle Drive • January 15, 2020 Page 6 was never the "real" plan - - - and everyone concerned knew it. This was simply a temporary expedient, to allow the subdivision of the 3.9481 acre tract, so it could be sold to the developer to start work on the new Marriott Hotel, while the rest of the Master Development Plan was finalized - - - a process which actually took another four (4) years. I am not guessing here, and this is not just my opinion: This is a documented, official fact. I enclose a copy of the official minutes of the Frederick County Board Of Supervisors Meeting dated .Lune 9, 2004, which approved the Winchester Medical Center II Final Master Development Plan (MDP 06-04) - - - i.e., two months before the Deed of Dedication dated August 12, 2004. This Frederick County Board of Supervisors Approval is specifically referenced as binding in the Winchester Medical Center Deed of Dedication dated March 11, 2008, in which the creation of Botanical Boulevard and its new controlled access to U.S. Route 50 was approved. I will get to that in a moment. I think it is a reasonable assumption that the reason for the interim Deed of Dedication dated August 12, 2004, was simply that Winchester Medical Center had an urgent need for the conveyance to the developer of the Marriott Hotel property to go forward right away so development of that tract for a hotel could go forward right away. I say that because just a few days after the August 12, 2004 Deed of Dedication was recorded as Instrument # 040016054, Winchester Medical Center conveyed the newly -created 3.9481 acre tract by Deed to "LEFTA Winchester, LLC," recorded at Instrument # 040016417. "LEFTA Winchester, LLC," subsequently built the Marriott Hotel on the property, and then resold it 10 years later for $14 million by Deed to "Winchester Hotel Partners III, LLP" recorded on February 16, 2014 at Instrument # 14 0001445. But to return to that June 9, 2004 Frederick County Board Of Supervisors Meeting: In the Deed of Dedication dated March 11, 2008, recorded on May 28, 2008 as Instrument # 080006462, is attached a Plat by Cory M. Haynes of Patton Harris Rust & Associates dated October 1, 2007, Revised March 11, 2008, and approved by Frederick County Subdivision Administrator on April 7, 2008. This is the Deed of Dedication and Plat which created Botanical Boulevard. It contains this reference at Sheet 3 of 3: Reference Winchester Medical Center Final Master Development Plan (AIDP # 06-04), Approved June 29, 2004, which states, "Entrance to residential use areas [that is, the Four Echo Lane Properties] shall be granted by Winchester Medical Center after future • • January 15, 2020 Page 7 rezoning petition transportation impact analysis and prgffers for these areas [that is, the hour BCho Lane Properties] are approved by VD07' and Frederick County. " The "IVinchester iWedical Center Final Allaster Development Plan (MDP 1106-04), Approved June 29, 2004" was presented to the Frederick County Board of Supervisors at its ,Tune 9, 2004 Mecting. I attach the official printed Minutes of that meeting, which state at Pages 572- 574, at frill length, as follows (Bold added): MASTER DEVELOPMENT PLAN #06-04 OF WINCHESTER MEDICAL CENTER H —APPROVED Planner H Camp [on the Frederick County Planning Commission Staff] appeared before the Board on behalf gf'ihis application. He advised that this ivas all application.fol' a mastu development plan for the property located to the west of I,Vinchester Iledical Center containing approximately 50 acres along Route 50. The property is located in the Gainesboro magisterial dislrict and is zoned commercial B2 (Business General) and AIS (medical support). Planner H Camp advised that this plan is being 1'evleived in conjunction ivith the Round Hill Crossing Ilasler Development Plan. Proposed uses on the property include restaurant, hotel, and retail; hoivever, there is no guarantee of any of those uses at this time. The project requires a 200 fool no build buffer. The property colltaills no ellvirollmental.feattn•es. He advised that the applicant is requesting a inaiver to require individual lot access, ii,hich requires Board approval. Planner 11 Camp states that Botanical Road is the only public collector road and private roads ivould be used to access lots ivithin the development. Planner H Camp advised that all proffered road improvements are accounted for on this plan. He iveni on to say that the County /lilts/ approve any development on this site that takes place once the vehicle trips per day exceed 14, 000. The Planning Commission recommended approval of this master development plan at its Jlne meeting. He advised that the plan is in conformance ivith the ordinance requiremenls alld proffers. Staff and the applicant are working on a notation to clarify the proposed closure of Echo Lane and providing alternate access to the property. Clarification is also needed on the types of landscaping to be placed around the round about. There is also a question of potential access if the adjoining properties along Echo Lane are developed in the future. Vice -Chairman Van Osten asked what access the adjoining property would have to their homes, if Echo Lane is closed. • .January 15, 2020 Page 8 Planner II Camp responded that the applicant wanted to close Echo Lane and provide other access. He advised that stuff was not going to permit anyone to be land locked; therefore, those residents would have access on to Botanical Drive. Dice -Chairman Van Osten asked if only the access rout Echo Lane to Route 50 was being terminated. Planner II Camp responded yes. Chuck Maddox, G. W. Clifford and Associates, appeared before the Board on behalf of the applicant [i.e., Winchester Medical Center]. He advised that the reason for closing Echo Lane is that he did not want traffic to parallel a major collector. He stated that the plan would be annotated before staff approval. Chairman Shickle asked about the notes on the last page, which referenced WiVfV Property. AIr. AIaddox responded that that portion of the plan was included as an attempt to show the Route 50 improvements as related to the proffers. Supervisor Dove asked if this proposal would devalue the adjoining properties. [I.e. - - the Four Echo Lane Properties] Mr. Maddox responded that the proposal would not devalue the adjacent properties. He went on to say that once the new road is built, the property values would increase. Mr. Maddox went on to say that he would add a note to the plan stating that the applicant would not deny access to Botanical Drive if the property is planned. He stated that access would be available once the proffered traffic impact analysis is approved by the County and Winchester Medical Center approves what is on the property. Chairman Shickle asked about the Echo Lane entrance on to Route 50. 0 • .January 15, 2020 Page 9 Engineer Copp stated that VDOT agreed to allow the entrance as a private road, but they have not agreed to a commercial entrance on to Route 50 or Botanical Drive. Engineer Engrain advised that as long as the other properties along Echo Lane remain residential in use then the road would not close. Chairman Shickle asked if the project ii,as cis it ii,as required to be. AVIr. rllladdox res73onded yes. Upon a motion by Supervisor Dove, seconded by Supervisor Sinith, the Board granted staff administrative approval for A1aster Development Plan 906-04. The above motion ii,as approved by the folloii1ing recorded vote: Richard C. Shickle — Aye Barbara E. Van Osten — Aye Gary 1,K Dove —Aye Bill A/1. Eii,ing — Aye Gina A. Forrester — Aye 1,1! Harrington Smith, Jr. —Aye Lynda J. Tyler - Aye Therefore, Winchester Medical Center Legally Committed to Giving the Four Echo Lane Properties Free, Unrestricted Access To Botanical Boulevard This history set forth above, now frilly explains the parallel, contemporaneous Proffer submitted by Wendell Johnson (no relation to Nancy Johnson) on behalf of Nancy Johnson and Carolyn Turner. The original Johnson / Turner Proffer was dated February 7, 2008, revised on July 1, 2008, September 20, 2008, and October 9, 2008, before finally being approved by the Frederick County Board of Supervisors on October 22, 2008. In other words, it is clear that the Frederick County Board Of Supervisors and its Planning Staff were putting the final touches on Winchester Medical Center's Development Plat and the Johnson / Turner Development Plat at the same time, and in coordination with each other, in frill awareness of the bargains struck in 2004 with Winchester Medical Center for the access road (which came to be Botanical Boulevard) to be built in exchange for barring access for business use of Echo Lane by the Four Echo Lane Properties, once commercially developed. January 15, 2020 Page 10 You see my point, I am sure: In 2004, Planner II Camp - - - as Frederick County Planning Commission Staff - - and Engineer Charles Maddox - - - acting on behalf of Winchester Medical Center - - - explicitly promised the Frederick County Board of Supervisors that the Four Echo Lane Properties would be granted free access to Botanical Boulevard, once the Four Echo Lane Properties were rezoned according to a Plan approved by Frederick County and VDOT. Those promises to Frederick County were an important condition to Frederick County's approval of Winchester Medical Center's Plan Of Development. The Winchester Medical Center Development Plat attached to Winchester Medical Center's March 11, 2008 Deed of Dedication, recorded on May 28, 2008, which created Botanical Boulevard in 2008, explicitly referenced those 2004 promises, again as a condition of approval by Frederick County to the creation of Botanical Boulevard. Therefore, while Winchester Medical Center does own a 35-foot wide Landscape Strip between Botanical Boulevard (which it has allowed to grow up in trees and bushes), Winchester Medical Center cannot now turn around and charge the Four Echo Lane Properties for access across Winchester Medical Center's 35-foot Landscape Strip at the Frederick County - approved point of access, as set forth in your Frederick County approved Proffer. It Is A "Landscape Strip" Not A "GrudlZe Strip" In my review of the on-line Video of the January 8, 2020 Board of Supervisor's Meeting (Transcript enclosed), I noted repeated references to the thirty-five foot strip of land retained by Winchester Medical Center between Botanical Boulevard and the Four Echo Lane Properties as a "grudge strip." As that term is commonly used, it refers to a strip of land intentionally retained for the purpose of restricting access to a road by adjoining property owners. The thirty-five foot strip of land retained by Winchester Medical Center is not a "grudge strip," not in that sense of the word. It was, pure and simple, required by Frederick County as a Landscape Strip between the newly -created Botanical Boulevard and what were at the time (and still are) residential properties on the Four Echo Lane Properties. There was no need for a "grudge strip," because access by the Four Echo Lane Properties to Botanical Boulevard was already restricted pursuant to these related Proffers. The restrictions are detailed, but in sum, they provide that access by the Four Echo Lane Properties is restricted to the single point of the intersection of Botanical Boulevard and Marriott Drive, as specifically set forth on the related Plats and Proffers. Since it appears that with the passage of time there is some opportunity for misinterpretation (whether innocent or intentional), we ask that in corinection with Winchester Medical Center's most recent rezoning request, Frederick County require clarification, formally and in writing, that as per the prior Proffers of Winchester Medical Center, Inc., approved by Frederick County as a condition of prior rezoning requests, the Four Echo Lane Properties have a by -right right of free access across the 35-foot Landscaping Strip" owned by Winchester Medical Center, Inc., lying between CRT Properties' property and Botanical Boulevard, specifically at the • 0 January 15, 2020 Page 11 point of Marriott Drive; and that Winchester Medical Center has no right to restrict or dictate to what use made be made of the Four Echo Lane Properties, subject to approved uses consistent with their current zoning. I am, with respect, Very truly yours, Bill Shmidheiser Counsel to CRT Properties, LLC 22734 / 001 / 803404.doc Enclosures: 1. Minutes of the Frederick County Board of Supervisors June 9, 2004 Meeting. 2. Winchester Medical Center Deed of Dedication dated August 12, 2004 3. Winchester Medical Center Deed of Dedication dated March 11, 2008 4. Proffer and Ordinance approved by Frederick County Board of Supervisors at its October 22, 2008 Meeting, with respect to the four Echo Lane Properties. 5. Street -level photographs of the access point on Botanical Boulevard to CRT Properties. 6. Transcript of January 8, 2020 Board of Supervisors Meeting Charles S. DcHaven, Jr. Blaine P. Dunn 2075 Martinsburg Pike 115 Bedford Drive Winchester, VA 22603 Winchester, VA 22602 Robert W. Wells Gene Fisher 5114 Laura Drive 246 Bush Drive Stephens City, VA 22655 Winchester, VA 22602 Shawn L. Graber Judith McGann -Slaughter P.O. Box 345 562 Milburn Road Middletown, VA 22645 Winchester, VA 22603 J. Douglas McCarthy Candice Perkins, AICP, CZA 302 W. Boscawen St Assistant Director Winchester, VA 22601 Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Bj� 1llail and E-mail cpei-kins(il)f6w. us Roderick Williams, Esquire Frederick County Attorney 107 North Kent Street 3rd Floor Winchester VA 22601 u Transcription by Bill S1111iidliciser of a Portion of the Frederick County Board of Supervisors Mccting Wednesday, January 8, 2020 [This is my best effort, listening to the on -litre video clij)J Daniel Michael: Good evening, I'm Daniel Michael of Valley Engineering. .Just a couple of comments: When this whole thing came LIP, and we started working with the county staff, they've been great to work with. A lot of people stand up here and complain, they've been wonderful. Daniel Michael: Back to the original Master Plan that was approved, on the front page of that there was a square box that said "Proffers," and you have all the teat for the proffers, but then it had that drawing that said "the warehouse will go on this specific spot." "That's all We're changing. We're not trying to change anything else. We will work with the adjacent property owners, at the time if there's an entrance that needs to come on to Botanical across the Valley Health property. The only concern that Valley Health has ever had is, we are limited to 14,000 trips per day from the 104 acres that was originally rezoned, and we don't want any confusion that says if we give somebody else access across old Valley Health property, that original 104 acres, that it impacts our traffic study. That's the only concern that we have. I think we can work with staff and get through that. We don't have any issues with what they've done and I appreciate what they've done. Anybody else have any questions? Supervisor Douglas McCarthy: You mentioned that the hospital would "work with" the adjoining landowners and you brought up the matter of the traffic study. In my conversations with staff and the county attorney, I was assured that any traffic coming off those other parcels not owned by the hospital would not impact those numbers. So, that being said, you have a note on the generalized plan of development that says that "Entrance to Botanical Blvd., errlrance to commercial use area shall be granted by Winchester Alledical Center. " You've just mentioned that you will "Nvork with them." So does this mean "You shall have the right to access," or is there going to be some discussion with Winchester Medical Center, on what constitutes your right to have access at some point in the fixture? Daniel Michael: I don't think there's going to be any conversations on where it's going back and forth, but "We want an entrance where you can't have one," it's not going to be that. The Virginia Dept. of Transportation has very specific guidelines, if you look, we have Route 50 and then you go up to the first cul-de-sac on the drawing, so you only have so much 1 0 • distance in there. There's VDO1 1'equlrenlents that say how far you need to be away from those intersections before I can put another entrance in. That will determine where the entrance goes. Supervisor Douglas McCarthy: So you have a notation on the generalized plan of building, there's no actual verbiage in the Proffer itself directly to that point. Would your client have any opposition to having specific language in the Proffers reiterating that point? Daniel Michael: [aside to colleague] Was it covered in the Proffers? We can check that. I have no issue. What I would ask is that the generalized plan of development, is that part of the Proffers? Supervisor Douglas McCarthy: It is. Daniel Michael: Usually it is, in some jurisdictions and that's Nvhy I'm asking. Supervisor Douglas McCarthy: Nly understanding is that it is, but my concern is, it says very clearly that "Access shall be granted," but you've stated that they would "work with" Winchester Medical Center, so I'm trying to figure out what are they "working on" Nvith NVMC? Daniel Michael: We would work xvith them to go back through to VDOT and say they couldn't come and say, "I want to go 150' feet in off of Route 50 and put all entrance in." `111e \vould work with them, but you can't put one there. You have to be farther away by VDOT standards. Supervisor Douglas McCarthy: I guess I would feel better about this Proffer if we had specific language in the Proffer statement itself that specifically said that these folks shall have access granted, within certainly the realm of VDOT requirements, but that tile)' shall have it reiterated. I would feel a bit better knowing that your client actually means what it says there by bringing that into that statements. That would be goodwill on their part to show yes, we do mean, we shall give them that, to put it in the Proffer statement itself. I could get behind something like that. Daniel Michael: Okay. Supervisor Blaine P. Dunn: First of all, I would to reiterate what Supervisor McCarthy said, in the Proffer statement before us, it says that the interchange, talking about the I-37/50 interchange, when traffic generation from the 102 acre site exceeds 14,000 TBD. And I've had conversations with staff today, a long meeting, and their interpretation of that is that it affects only the traffic generated by the Medical Center, it does not generate anything on any adjacent landowner, etc. 2 0 • Is that your interpretation as well, and does the applicant agree that is the interpretation as stated here in the proffer, but I've heard verbally a different comment front your attorney. So that's why I'm asking the question. Daniel Michael: It says that the 102 acres can have 14,000 trips per day. The concern that we had was it says from, it refers back to the original outline of that parcel, so if the adjacent property owner comes in and crosses, if they purchase some property from Valley Health to Put their entrance in, does that little sliver of land constitute traffic from property that is bound by the 14,000 trips per day. And that's why they were saying, "No." And we agree with that. Supervisor Blaine P. Dunn: We had a conversation and our staff believes that traffic from adjacent properties does not affect the 14,000 trips per day. Daniel iviichael: That's perfect, that's Nvonderful. Supervisor Blaine P. Dunn: And I want to make certain, though, that your client agrees that is the case. Verbally I've been told that your client has said that it does, so we're trying to have a clear understanding of what is that 14,000. Talked to staff and they can make their own comments if they so choose, they say the 14,000 is only the traffic generated on that property, not oil any other adjacent property. Daniel Michael: Okay. Then we are in agreement with that. Just so you know, we're working oil a site plait right noNv for a large building oil the west campus, and I actually did It myself today, we have the ambulatory surgery center over there, we have the hotel and the building being proposed. I worked on the thing that will go on our site plan, and we're going to call it "Trip Generation Summary" and I used an IT manual and I said this is the hotel, 136 rooms, generate 500+ trips per day. 'We had the ambulatory surgery center, it generates this many, our use that we're going to be submitting on in the near future, generates this many. That came in just under 3,000 trips per day, so the site plan will show we're allowed 14,000, and we're up to 3,000 now. Supervisor Blaine P. Dunn: By the same token, as Mr. McCarthy stated, there is a buffer zone from Route 50 going north which is on the left hand side of Botanical, so your client is agreeing in this proffer, I'm just asking a question, that an entrance can be done with no further approval by your client, that they can have an entrance as stated in the proffer — I think it's one entrance - into the adjacent landowners going north on Botanical. ' Daniel Michael: Yes. 3 0 0 Supervisor Douglas McCarthy: .lust to clarify, you mentioned something that piqued my interest. You mentioned, "If someone were to purchase an entrance on to Botanical from WMC." This says it shall be " granted," not that it shall be "sold." Is it the intention of WMC to sell an entrance or access point to an adjacent landowner, or is it their intention to grant access across their property to Botanical? A right-of-way in other words. Daniel Michael: I don't know. I'm just being honest. I could say, from the people I know there and the people I've work with, if the adjacent owner came and said, "We need to put an entrance here, and you need to give the land a 50' wide strip right of way," if I was in meetings with them I would say, "Just give it to them." Any other questions anyone? [No other questions] Daniel Michael: Thank you. s0?s03.doc 4 55211 • �� A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, June 9, 2004, at 7:15 P.M., in the Board of Supervisors' Meeting Room, County Adminisu-ation Building, 107 North Kent Street, Winchester, VA. PRF•,SENT Chairman Richard C. Shickle; Vice Chairman Barbara E. Van Osten; Gary W. Done; Bill M. Ewing; Gina A. Forrester; \\i. Harrington Smith, Jr.; and Lynda J. Tyler. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Pastor Ruth Cnim Stotler, from the Church of the Good Shepherd, delivered the invocation. PLEDGE OF ALLi?GIANCE Supervisor Smith led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED Administrator Riley advised that he had no additional items for the agenda. Upon a motion made by Supervisor Smith, seconded by Vice -Chairman \'an Osten, the Board adopted the agenda by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - .Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Ave CONSENT AGENDA - APPROVED Administrator Riley suggested the following, tab for approval under the Consent Agenda 1. Road Resolution for Autumn Glen, Section I - Tab M. Upon a motion made by Supervisor Forrester, seconded by Supervisor Ewing, the Consent Agenda was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye - Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye CITIZEN COMMENTS I+finute Rook Number 29 Board of Supervisors Regular Meeting of o6/09/04 0 • 1553 Tim Stafford, Red Bud District and owner of Valley Mill Farm, appeared before the Bo:ud to speak about the Fieldstone Master Development Plan I -le revie%\,cd the approval piston, of this project. He then stated that he was concerned about the traffic impact of this proposed development, citing the inadequacy of Valley Mill Road to handle current traffic let alone the additional traffic from this proposed development. He advised that he did not believe the Planning Commission adequately addressed this issue when it approved the plan. He cited two possible traffic options for the Board's consideration, which might address these concerns: 1. He would donate an 80-fool right-of-way for a new road, to be located on the edge of his property, if the State would vacate the existing 40-fool right-of-way that runs through his farm. 2. He has spoken with VDOT about prohibiting right turns on to Vallev Mill Road and prohibiting left turns on to Channing Drive. kle concluded by asking the Board to preserve his way of life. Nancy Johnson, Gainesboro District, appeared before the Board to speak about the WWN I properties artd N MC 11 Master Development Plans. She advised that her property was sandwiched between the proposed developments. She felt that the best use of her property would be commercial; ho\vever, she believed that the proposed closure of Echo Lane would impact the commercial value of her property. She asked the Board to require the proposed master development plan to keep the Echo Lane connection to Route 50 opened or allow her property to have commercial access to Botanical Drive. BOARD OF SUPERVISORS COININIENTS There were no Board of Supervisor comments. MINUTES - APPROVED The minutes from the May 26, 2004 Regular Meeting were presented. It was noted that under the Finance Committee Report SupervisorForrester's and Supervisor Tyler's votes regarding 0te Public Works Department's request to purchase a vebicle had been reversed. This correction was made and upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes were approved as corrected by the followingo recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harruigton Smith, Jr. - Aye Minnie nook Number 29 Board of Supervisors RegulV* Mectlog of 06/09/04 E Lynda J. Tyler - Aye The minutes from the June 1, 2004 Workscssion with the School Board were presented. It was noted that an amendment to the minutes had been reviewed by the Board prior to the meeting and upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the minutes were approved as amended by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - .Aye Bill M. Ewing - Ayc Gina A. Forrester - Aye W. Harrington Smith. Jr. - Aye Lynda J. Tyler - Ayc COUNTY 0FFICIAI,S COMMITTEE APPOIN"INENTS REAPPOINTMENT OF BASSANI T. S.kBBAGIi AS A PItIVA'1'E 11ROVIDER TVIE114BER AND APPOINTMENT OF O. DOUGi.AS CUMBIA. II AS PARENT REPRESLNI ATFN'F TO FiLL THE `' ACA.NT SEAT VACATED BY SUSAN LOCKRIDGE TO THE COMIYFUN'ITY POLICY AND MANAGEMENT - APPROVED Upon a motion by Supervisor Forrester, seconded by Supervisor Smith, the Board reappointed Bassam T. Sabbagh, as a private provider, and appointed 0. Douglas Cumbia. II, as a parent representative, to the Community Policy and Management Team. These are two year appointments, said terms to expire ]title 30, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Ave Bill M. ENving - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye SCHEDULE DATE FOR JOINT NVORKSESSION 13ETWEEN BOARD Of SITPF,RVISORS, PLANNING COMMiSSION AND THE COMPREHENSIVE PLAN SUBCOMMITTEE The Board scheduled ajointwork session with the Board, the Planning Commission, and the Comprehensive Plan Subcommittee for Monday, July 12, 2004 at 12:00 P.M. REQUEST FROM PUBLIC WORKS DIRECTOR FOR PURCHASE OF NEW TRUCK - APPROVED Supervisor Ewing advised that he would like to sec this request returned to the Department 1linute Book Number 29 Board of Supervisors Regular Rteeting of 06/09/04 • • 1555 Head and then be sent through the proper channels, beginning with the Finance Committee. Administrator Riley advised that this request came forv.and last month as part of the Finance Committee report with a recommendation of approval; however. the Board denied the request as the proposed funds were to come from slonmvater improvements. The Department has found that revenues in land disturbance permits have exceeded estimates; therefore, these monies would be used to fund the request. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board approved the request for a supplemental appropriation in the amount of S22.000 to be made to Public Works' Fiscal Year 2003-2004 Budget for the purchase of a new 4 x 4 extended cab pickup to replace the 1995 Chevrolet S-10. The above motion was approved by the following recorded vote: Richard C. Shickle - .Aye Barbara E. Van Osten - Ave Gar-_ W. Dove - Ave Bill M. Ewing - Tray Gina A. Forrester - Aye N Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye DISCUSSION OF PROPOSALS FOR VACO'S 2005 LEGISLATIVE PROGRAM Administrator Riley advised that this was an information item, which was being presented to give the Board an opportunity to think about proposals for the 2005 VACo Legislative Program. He asked that the Board submit items to him for consideration at die July 14, 2004 meeting. Supervisor Tyler advised that she would prefer to have individual hoard member priorities circulated prior to the Board meeting. Chairman Shickle asked the Board to submit their legislative priority lists to Administrator Riley by July 6, 2004 for inclusion in the July 14, 2004 meeting agenda packet. PUBLIC BEARING PUBLIC HEARING - TAX EXEMPT STATUS REQUEST FROM YOUNG LIFE - NORTHERN SHEN'ANDOAH VALLEY. A NON-PROFIT, NON- DENOMINATIONAL CHRISTIAN VIRGINIA ORGANIZATION, TO BE DESIGNATED AS A CHARITABLE AND BENEVOLENT ORGANIZATION WITHIN' THE CONTEXT OF $ 6 (A) OF ARTICI F X OF THE CONSTITUTION OF VIRGINIA - (RESOLUTION 9067-04) - APPROVED Administrator Riley advised that this was a request pursuant to Virginia Code section 58.1- 3650 et. scq. for tax exempt status for Young Life -Northern Shenandoah Valley. He advised that Minute Book Number 29 Board of Supervisors Wgular Meeting of 06/09/04 556�� after discussions with the Commissioner of Revenue, it was detcnrlined that this was the most appropriate course of action. He concluded by saying that it was appropriate for the Board to take up this request. Valley. i,anI Burkholder appeared before the Board on bchalfofYou ng Life -Northern Shenandoah Chairman Shickle asked i\4r. Burkholder if his organization owned any real or personal property or intended to acquire such in the future. Mr. Burkholderresponded no and advised that the organization had no intention of acquiring any real or personal property in the future. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon it motion by'N'icc-Chairman Van Osten, seconded by Supenzsor Smith, the Board approved the Resolution Granting Tax Exempt Status Pursuant to Article X, Section 6(A)(6) of the Constitution of Virginia Young Life -Northern Shenandoah Valley: WHEREAS, Young Life is a national non-profit organization and a recognized 501(c)(3) organization; and WHEREAS, Young Life -Northern Shenandoah Valley, a part of the parent non-profit orearuzation, has requested the Board of Supervisors of the County of Frederick to grant a tax exemption pursuant to Article X, Section 6(A)(6) of the Constitution of Virginia ; and WHEREAS, neither Young Life nor Young Life -Shenandoah Valley own real and/or personal property within the County of Frederick; and WHERE'AS, Young Life -Northern Shenandoah Valley has requested a license exemption to sell fireworks at a stand in the County as a fund-raiser, which said license has a value of S500; and Ni'HERF,AS, the Board of Supervisors examined and considered the provisions of Section 58.1-3651(B) of the Code of Virginia, 1950. NOW, THEREFORE, BE 1T RESOLVED, that the Board of Supervisors of the County of Frederick, Virginia, hereby grant to Young Life -Northern Shenandoah Valley, a real estate and personal property tax eaeniption, pursuant to Article X, Section 6(A)(6) of the Constitution of Virginia provided: 1. Any property acquired by the organization and used in accordance with the purpose for which the organization is classified and designated pursuant to the Code of Virginia, 1950, Section 58.1-3651 (A). Z. That the organization currently, and continuously, satisfactorily meets the provisions of Section 58.1-3651 (B). BE IT FURTHER RE, SOLV ED, by the Board of Supervisors of the County of Frederick, Alinute nook Number 29 Board or Supervisors Regular Meeting or 06/09/04 55 t Virginia, that Young Life -Northern Shenandoah Vallcy's request for a license exemption is hereby granted. The foregoing was approved this 9'h day of June, 2004 by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye PUBLIC HEARFNG - PURSUANT TO SECTION 33 1-62 E"I'. SEO, OF THE CODE OF V`fRGINIA 1950. PUBLIC INPUT lVILL BE RECEIVED ON THE PROPOSED NOMINATION OF REDBUD ROAD (STATE ROUTE 661) FROM ROUTE 11 RUNNING SOUTHEASTERLY TO WOODS MILL ROAD (STATE ROUTE 660), FOR DESIGNATION AS A VIRGINIA BYNVAY - (RESOLUTION 8061-04) - AI'PROVED Administrator Riley advised that the resolution before the Board was pursuant to Pirginia Code section 33.1 and tonight's public hearing was to receive public input regarding the proposed designation of Red Bud Road as a Virginia Byway. Chairman Shicklc convened the public hearing. There were no public continents. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice -Chairman Van Osten, the Board approved the Resolution Nominating Redbud Road for Virginia Byway Designation: WHEREAS, The Cottunonwcalth Transportation Board is empowered to designate an existing road within the Commonwealth as a "Virginia Byway'; and WHEREAS. the Frederick Count), Board of Supervisors has examined the Red Bud Road (StateRoutc 661) from Route l 1 running southeasterly to Woods Mill Road (State Route 660); and WIiERF,AS, upon consideration of the scenic landscape, historic civil war battlefields and environmentally significant nature of the area which Redbud Road traverses, providing an opportunity for recreational and cultural enrichment. IT IS, ACCORDINGLY, RESOLVED, that the Frederick Cotmty Board of Supervisors does hereby request the Virginia Department of Transportation take all necessary actions to effect a designation of Redbud Road as a Virginia Byway. Supervisor Dove asked about the benefits of this proposed designation. Supervisor Tyler responded that the designation offers us an opportunity to access federal grant money for walking trails, safety improvements, etc. She reminded the Board that there was a Civil War battlefield along this route as well. Supervisor Dove stated that he still had concerns and he would like to hear any concems the iiinulc nook Number 29 Board of Supen•isors Regular meeting of 06/09/04 558 iI residents of this road rtvght have. Supervisor Tyler stated that she would dart say that there are few areas in the County that are as historic, cultural, etc. as this area. Supervisor Ewing asked if this proposed designation would affect the ability to improve this road, should conditions merit widening, ctc. Supervisor Tyler responded that the road could be improved at any time. VDOT Resident Engineer Jerry Copp introduced VDOT representative Phil Baker and Department of Conservation and Recreation representative Lynn Crump, who were present to answer questions regarding this proposal. Mr. Baker advised that once a route is designated as a byway, this designation carries no restrictions. He staled that the road could be improved for safety reasons and it could also be widened. Ms. Clump stated that the only restrictions would occur through county planning and zoning revelations. Supervisor Dove asked if this designation would result in more traffic. Mr. Baker responded that he has found the designation increases traffic by 0 to 2%. lie then reviewed the possible grant opportunities afforded to the County should this designation be approved. Supervisor Dove asked if there were any negatives to the byways designation. Mr. Baker responded no. He went on to say that the byways program is set up for recognizing roads for certain qualities. Ms. Crump stated that the road would be included in the Virginia Outdoor Plan. She went on to say that DCR would revie,,\? every impact to the road and comment on each and make a rcconmicndation. Supervisor Dove advised that the Countywas interested in pursuing an eastern bypass, wNch would enter this proposed area. He asked if the Department of Conservation and Recreation would have to review the plans for the proposed bypass. Ms. Crump responded that the plans would be reviewed through the regular process, but not as part of the byway program. Supervisor Ewing asked if the designation could be removed once it was approved. Mlnut ,Book Number 29 Board of Supervisors Regular Alecting of 06/09/04 559 Mr. Baker responded yes, but removal would have to go through the Commonwealth Transportation Board. Chairman Shickle asked why federal grant funds would be appropriated for this progrtmt if it community could do anything to or around the road, after its designation. road. Mr. Baker responded that the funds were for eligible projects, which would help enhance the I`Is. Crump advised that the roads must be reviewed periodically to see if they still meet the scenic byways criteria. There being no further discussion, the motion to approve the Resolution Nominating Red Bud Road for Virginia Byway Designation was approved by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Aye Gan, NV. Dove - Aye Bill M. Ewing - Nay Gina A. Forrester - Ayc NV. Harrington Smith, Jr. - Aye Lydda J. Tyler - Aye PUBLIC HEARING - PROPOSED AMENDMENT TO THE 2004-2005 FISCAL YEAR BUDGET - PURSUANT TO SECTION 15.2-2507 OF T14F, CODE OF YIRGIIYIA 1950 AS AMENDED THE BOARD OF SUPFRVISORS WILL HOLD A PUBLIC HEARING TO AAh4END TIIE FISCAL YEAR 2004-2005 BUDGET TO REFLECT: SCHOOL OPERATING FUND IN TIIE AMOUNT OF S2,188,846. T14ESE FUNDS REPRESENT ADDITIONAL STATE FUNDS RECEIVED AFTER THE ADOPTION OF TIIE FISCAL YEAR 2004-2005 BUDGET - (RESOLUTION 4066-04) - APPROVED Administrator Riley advised that the Board is required to hold a public hearing to amend the Fiscal Year 2005 budget to reflect additional funds received from the State. He stated that Dr. William Dean, Superintendent of Frederick County Public Schools, was present and would like to address the Board regarding this matter. Superintendent Dean began by advising that this had been a long budget year. He then summarized the School Board's request. He stated that this was a request to help the School Board cope with growth and the additional monies were needed to restore programs that Nvcrc cut from the upcoming budget. The cuts included: — S145,000 for 25 positions. — $50,000 for after school programs. — $100,00 for technology programs. — $21,000 for special education programs. — $100,000 for supplies. — $711,000 for Gainesboro Elementary School. Minulc Book Number 29 Board of Supervisors Regular Meeting of 06/09/04 56011 0 10 11 The additional Sl million %would be used as follows: — S220,000 for maintenance and grounds. — S242,300 for 5 high school teacher positions. — S175,000 for 2 administrative assistant and additional maintenance positions. — S290,000 for six teachers needed for the No Child Left Behind mandates. — S130,000 for two replacement buses. Be stated that lie felt the School Board had a commitment from (lie Board of Supervisors to fund all local funds and state funds as well. He went on to say that growth was an inconvenience for adults, but "wc learn to cope and to be patient"; however, for five, ten, and fifteen year olds growth means larger classes, longer waits for teacher help, overcrowded halls, and long bus rides. He asked lie Board to take the long view and protect and ensure the future of the kids by supporting this request. Chairman Shickle advised the hie had not heard any information on extended contract cuts in any of the School Board's previous presentations. Superintendent Dean advised that the S145,000 for 25 positions would go to funding those extended contracts. Supervisor Tyler stated that programs like FFA were helping students learn skills, etc. She asked Superintendent Dean to elaborate on the extended contracts. Superintendent Dean responded that the schools have it lot of dedicated staff Nvho work with students 10'/ to l h months out of the year. Supervisor Tyler asked where would the children be without these types of programs. She advised that she did not want to see those opportunities eliminated. Supervisor Ewing, in response to Superintendent Dean's statement regarding the need for new school buses, asked if it was true that three good buses had been pulled from service to be used as activity buses. Superintendent Den advised that he was not aware of that, but he would check into it. Chairman Shickle asked Superintendent Dean to explain the rationale behind cutting the extended contracts. Superintendent Dean responded that the School Board had less money and they needed to balance their budget. They looked at either cutting programs or staff as well as the closure of an elementary school. He advised that by cutting the extended contracts, the programs would still exist and positions would not have to be eliminated; however, some staff would lose one month's salary. ; Jluute Book Number 29 Board of Supen•isors Regular Meeting of 06/09/04 0 i 561 He concluded by saying that the School Board looked at areas to cut where safety would not he jeopardized and programs would not be cut. There being no further questions for Superintendent Dean, Chairman Shickle convened the public hearing. Dixie Boyd, Opequon District, advised that she was Vice -President of the Sherando 1-14g1 School Chapter of FFA. She informed the Board that she had the opportunity to host Deputy Secretary of Agriculture .lames Moseley this year, who came to Frederick County because of its successful program. She staled that, as a result of FFA, she received S5,000 in scholarships for college. She advised that her teachers had given her a lot of support and effort and their dedication has been a help to her. She concluded by saying that without her Agriculture teachers and the opportunities they gave her, her resume would be empty. She thanked the Board for their support and hoped they would approve the School Board's request. Pat Grosso. Red Bud District and President ofthe Frederick County Education Association, asked the Board to honor the intent of the General Assembly to fond bench marking of education standards of quality. She concluded by urging the Board to pass the request. Jeff Stout. Back Creek District, advised the he was an FFA alumni and thanked the Board for its past support. He asked the Board to fund these programs, which are vital to the community. Jeffrey Wilt, James Wood High School Agriculture Instructor, talked about the need for extended contracts. He advised that Frederick County students are employed by over 50 Frederick - Count), businesses. He distributed copies of the purpose statements for organizations such as FFA, FBLA, etc. He advised the he understands the importance of extended contracts because of his time as a student and he asked the Board to grant the School Board's request. Cora Hadley, Back Creek District, advised that she was proud to be an FFA member. She stated that the lack of extended contracts would impact the organizations ability to attend state conferences in June. She cited various camps that she had tile opportwrity to attend as well as summer employment opportunities through FFA. She went on to say that FFA has given a lot to her that she knows she can never give hack. She concluded by saying that if contracts are eliminated future students will not have the saute opportunities and she asked the Board to vote in favor of the request. Kelly Wilkins, Shawnee District, advised the she was a concerned parent of a rising Senior. Alinute Book Number 29 Board of Supervisors Regular Meeting of 06io9/04 562'i 0 It 0 She felt she was privileged to work with dedicated teachers and advisors. She went on to say that many of the school programs are not limited only to tale school year. She concluded by urging the Board to invest in Frederick County's future by approving the appropriation of these funds. Gary Lofton, Back Creck District and a member of the County Finance Committee, advised that this was an exceptionally challenging year and that a number of cuts were made to stave off a larger tax increase. He staled that all departments shared in these cuts. lie Nvent on to say that the Board of Supervisors decided that additional revenue from the reassessment would be used to balance the budget so there would be no tax increase; however, the County Hurst withdraw S5 million from reserve funds to cover costs. lie advised that the Board must decide whether to appropriate these funds or hold them back. Ile urged the Board to consider using tliese funds to replenish the County's reserves. Dick Crane, Red Bud District, advised the he did not see hoxv anyone could disagree with arty of the speakers, but he fell the Board needed to be careful about deciding what to do with this money. He asked the Board for due diligence with this decision tonight. Derek Short, Opequon District, reviewed the opportunities FFA provided to him and advised that he had received a job through FFA. C. NVilliam Orndoff, Stonewall District and County Treasurer, commended the student and alumni support this evening. He advised that he believed fiscal restraint had to be practiced in the budget process as the County would he setting itself up for a large tax increase, which would make it an unaffordable place to live. He challenged the County to live within its budget and within its means. I-Ie went on to say that the request before the Board was the equivalent of a SO.05 tax tncrcasc. i4lartie Mackenzie, Gainesboro District and a member of the Frederick Count, Education Association, advised that she tried to teach her students responsibility and if they wantinced something to stand up for it. She advised that she actively lobbied in Richmond for more educational funding by sending letters to conferees, delegates, and senators, urging them to pass a budget. She went on to say that the children are the most important part of the future. She asked _ the Board to remember thepeople who Nvorked get the funding to them and urged them make to right / decision. Stephen Gregory, Back Creek District, thanked the FFA members and advisors. A9lnute ,look Number 29 Board of Supen,isurs Regular \letting of 06/09/04 563 There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Forrester made the following statement: "Our commitment to fund education is a commitment to the future prosperity of out- community. Quality employers look for an educated workforce when deciding whether to locate it business in Frederick County. Our school system is and should remain the "cro,.vn jewel" of our community. 2 ii years ago when I carte to this Board, I had hoped to slow residential growth because of my concern on how we,,would be able to find the needs of a growing school system. But, I haven't been able to affect policy to slow the rate of children coming into our system - so I've fallen to Plan B - which is my goal to at least provide support to keep our school system from taking a step backwards, or falling behind. Last year the school system took a step backwards when they cut the middle school planning period. i don't want to put them in a position where they will uo farther backwards this year. The State came through with additional dollars we weren't counting on. Good for us. To borrow a School Board member - Dr. Lamanna's analogy: '...at present, our school system is an un- iced cake with slices missing —cut out. The additional state funding ,vill allow us to restore the pieces of the cake the School Board had to cut. We're not providing icing for the cake ... just trying to restore all the pieces.' Our commitment to the future of the children of Frederick County is reflected by this Board's funding. But not only that, our commitment to education is actually it commitment to ourselves: the people, the families of Frederick County - to ensure we will have a quality community to live in for vears to come. Therefore, I move to: Amend the 2004-2005 FY Budget to reflect the additional school operating funds in the amount of 52,188.846." The motion was seconded by Vice-Cliaimtan Van Osten. Supervisor Ewittg read the following statement: "Mr. Chairman: I cannot sit here and not make comments regarding this request of funding by the School Board. I want to state that I know that tltere is not a Supervisor sitting here that does not want to make sure the children within Frederick County are provided a qual ity education. I realize they are the future of our County, our State, and our Nation; however, 1 must ask a question of how much the taxpayers of the County can afford. Minute Book Number 29 Board of Supervisors Regular Meeting of 06/09!04 We do not need to review statistical information regarding the high quality of the education I! our children are receiving. The SOL scores answer this for us. Dr. Dean informed this Board at our joint meeting with the School Board last week that, and i quote, "the Board of Supervisors have been v most generous in proiding school funding." This generosity is also reflected by the fact that this board provided funding of 142% in excess of that mandated by the State last year and I stress, in excess. With the funding provided to the Schools, (which is in excess of the mandated amounts), I do have a problem understanding how the average cost spent per student is less than the Stale average. i also do not understand, since all State and Federal mandates are funded, why such large local funding increases are necessary. One thing that might help me understand this would be rile financial information I had been promised from the School Administration, but to date have not received. i have had e-mails, phone calls, and personal contacts requesting that we hold expenses at their current fimding levels, others have requested fimding certain items such as the Vocational Agricultural program, keeping Gainesboro School open, and others, all good requests. 1 must remind the citizens and taxpayers that we, the Board of Supervisors, have no control of how the School Board allocates the funding provided by the Board. For answers for those questions, you need to contact your School Board Member. if we were to provide your additional funding requests, we are not assured it will be used where we request it be spent. 1 feel that this Board has fulfilled it's responsibility of providing tine necessay funding for the education of the students of Frederick County for fiscal year 2004/05. It is the School Board's responsibility for the appropriation of these funds to provide quality and necessary education services for the students. To the taxpayers of Frederick County, i need to provide you with additional information to support why i cannot support this additional appropriation to the Schools. First of all, the additional funding of 2.2 M (rounded) is identified by the State Legislation as the funding of mandated school programs (which, by the way, are already funded in the budget) and real estate tax relief. This is intended to relieve the local tax amounts that were necessary for the funding of the schools programs. These funds were not available when the budget was passed so local funds had to be used to pay the bill. When meeting with the School Board last week, they were asked how much additional funding will be needed in their 2005/06 budget. With the schools additional amounts needed for debt service fund (51,700,000), opening of the new Junior High School (3,500,000) and their general operating expenses increase (8,800,000) along with an additional 3,900,000 for other county programs, this Board will need to set a tax rate requiring it .46 cent real estate tax increase. That is a 63% increase - 63%. 1 will in no way be a part of that. If this Board is going to fulfill it's fiscal responsibility to the taxpayers and citizens of this county, we must start now. Disapproval of this request is a big start and equates to approximately a .OS cent tax reduction necessary for the 2005/06 budget. If we do not start cutting expenses and finding additional or new monies, how in the world will we balance the 2005-06 budget or for that part, any future budgets. My last comment. if this Board does not accept the fiscal responsibilities placed upon us, then I would suggest we create it new category in the 2005/06 to support those taxpayers that are driven out of their homes because they can no longer pay the taxes and also to provide support for the young couples that are trying to get their first house but will not be able to afford the taxes on it. One parting comment fellow Board Members that I must ask, `When will enough taxes be enough?' " Supervisor Dove moved that the Board amend the original motion to amend the School million to reinstate Gainesboro Elementary and fund activity technology, and personnel, with the balance of the state funding to be ear marked for the Fiscal Year A11nute Book Number 29 Board of Sopenlsors Regular pleeling of 06/09/04 565 Supervisor Tyler stated that this was not in the Board's purview. Vicc-Chairman Van Osten agreed with Supervisor Tyler. There being no further discussion the motion to amend the original motion was defeated by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Nay Gat, NV. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Nay W. Hanington Smith, Jr. - Nay Lynda J. Tyler - Nay Supervisor Tyler stated that she still sees a lot of holes in the County's education system. She went on to say that the Board is facing a situation where belts must be lightened, but the school board also has needs that inusl be met. She staled that she would not appropriate inid-year. Vice-Chairm.m Van Osten believes the Board of Supervisors uses due diligence when discussing tax issues and she felt the budget docurent was a working document. She did not think the Board should alarm citizens by saying that taxes would increase by S0.46. She concluded by saying that she supported Supervisor Forrester's motion. Supervisor Smith stated that he supported full funding of the schools. He concluded by saying that he would support the school's request. Chairman Shickle stated that he believed next year's budget would he an all-time high and there would be many more unpopular decision to be made next year. There being no further discussion, the following resolution was approved: WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on June 9, 2004, took the following action: NOW,THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2004- 2005 Budget be Amended to Reflect: School Operating Fund, in the Amount of $2,188,846,00. These funds Represent Additional State Funds Received .After the Adoption of the Fiscal Year 2004-2005 Budget. ADOPTED, this 9 h day of .Tune, 2004 by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Nay Bill M. Ewing - Nay Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye Minute Book Number 29 Bnard of supervisors Regular Meeting of 06i09/04 566 III 0 0 PLANNING COMMISSION BUSINESS PUBLIC HEARING PUBLIC IIEARING - CONDITIONAL USE PERMIT 1107-04 OF ROY R. NrESSICK JR., FOR RE-ESTABLISHING A NON -CONFORMING USE. THE PROPERTY IS LOCATED AT 686 MARPLE ROAD AND IS IDENTIFIED NVITH PROPERTY IDENTIFICATION NUMI3ER 41-A-163B IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Planner I Mork Cheran appeared before the Board on behalf of this item. He advised that this was an application to re-establish a legal non -conforming use. The property is located in the Gaincsboro Magisterial District and is zoned RA (Rural Areas). There were no adverse agency comments and the Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. 1-log pen shall be fifleen 05) feet from property lines. 3. No more than twenty-five (25) hogs allowed. 4. Any change of use or modification will require a new Conditional Use Permit. Plaumer I Cheran advised that the applicant tvas present to ailswer any questions the Board might have. Mr. Roy Messick, applicant, appeared before the Board on behalf of this application. He advised that the property was purchased in 1975 and that he had raised hogs until the original pen had rotted. He stated that he did not know that the zoning ordinance had changed since that time. Ile advised that he rebuilt the pen on a concrete slab and that he was now asking for permission to continue to raise hogs. Chairman Shickle convened the public ]tearing. Laura Stewart, Gainesboro District, advised that she was a neighbor and the hog pen had been constructed within fifty feet of their kitchen. She asked that the Board say no to the location of the pen. She asked tvhy the pen had to be that close to their home and showed the Board photographs of the pen as taken frorn her home. She went on to say that she was here because the Planning Commission did not listen to her concerns. She advised that she was concerned about the runoff from the pen getting onto her property and into her well. She concluded by asking the Board to look closely at this situation before making a decision. Steven Sleveart, Gainesboro District, advised that lie was a neighbor and he was concerned about the proposed hog pen location. He stated that no one was denying Mr. Messick's right to Mtnutc Book Number 29 Board of Supen•ieors Regular Meeting of 06/09104 0 1567 farm. I le further stated that there were no hogs on this property from 1994-3001. tic was concerned about riln-off, which runs down hill and is in line %vdth Iris drinking water source. He stated that Mr. Messick has 11.3 acres of land and wondered why he insists on locating the pen Mtlrin Fifty feel of his drinking water system. He urged the Board not to allow Mr. Messick to put the hogs where they could harm his family and property. He concluded by saying that he could not allow the Board "to destroy my property and devalue my home." Mr. Messick advised that the hog pen is in excess of 100 feet from the Stewart's well and 95 to 97 feet from the corner of their house. He went on to say that the closest point from the pen to the Stcwart's property is 27 feet. He advised that he does not wash out the pen, but cleans it with a shovel and hauls the waste away. There being no further public comments, Chaimtan Shickle closed the public hearing. Supervisor Forrester tasked why the pen had been moved frorn its original location. Mr. Messick responded that it was moved to provide closer access to water and electric. Supervisor Forrester asked for an estimated cost for constructing the pen. Mr. Messick responded approximately S2,500.00. Supervisor Dove asked why the pen was rebuilt. Mr. Messick responded that the first pen had rotted. Supervisor Forrester asked what the requirements would have been had Mr. Messick originally applied for a permit. Planner I Cheran advised that there was no set back requirement prior to 1995; therefore, the structure would have been treated as an accessory structure and could be placed 15 feet Crum the property line. He concluded by saying that this particularstricture did not require abuilding permit. Upon a motion by Supervisor Dove, seconded by Supervisor Tyler, the Board approved Conditional Use Permit 407-04 by the following recorded vote: Richard C. Shickle - Aye Barbara E. Van Osten - Aye Gary W. Dove - Aye. Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN NO3-04 OF FIELDSTONE SUBDIVISION - Ttii ute Book -Number 29 Bonrd of SupervisorsRtgutar Meeting of 06/09/04 56811 • APPROVED Planner TT Jeremy Camp appeared before the Board on behalf of this application. He advised that the original master development plan was approved in 1989 and has been revised twice. The proposed plan calls for an increase in density from 150 units to 288 (63 single-family detached and 225 townhouses) units. The property is located in the Red Bud Magisterial District and is zoned RP (Residential Performance). ']'be fixture Charming Drive will bisect the property and a G foot asphalt trail is also proposed. Planner II Camp advised that the Planning Comtission had expressed interest in extending Nassau Drive as a possible connector road. The applicant was not amenable to this request. The Planning Commission did recommend approval of the master development plan and lot access waiver. Fie concluded by saying that the applicant was seeking authorization of the preliminary master development plan, which would grant staff with administrative approval authority for the final master development plan. He advised that the applicant was represented by Grecmvay Engineering uvho was present to answer any questions. Chairman Shickle asked if the ordinance required a six foot trail, similar to the one being provided by the applicant. Planner II Camp responded that there was not an ordinance requirement. Chainnan Shicklc asked if the County could get a ten foot trail, since the Parks and Recreation bike trails were ten feet. Planner 11 Camp responded that staff was working on developing a comprehensive bike trail plan; however, there is cuuTently no ordinance requirement to provide a trail Supervisor Forrester asked if the density of a project changes, could the Board reject the plan if they felt the traffic was too much for the existing road infrastructure. Director Lawrence responded that the increased density was a by right use; therefore, no new traffic impact analysis study would be required. Lloyd Engrain, VDOT Engineer, advised that VDOT looks at how much the density would be increasing and then looks at the percentage increase in traffic. Supervisor Forrester stated that she had read in the staff report that it was anticipated the level of traffic would double under this new proposal. Engineer Engrain advised that a light would be constructed on Valley Mill Road. Vice -Chairman Van Osten asked Engineer Engram if he was satisfied that this light would N7inute nook Numtrcr 29 Board of Supervisors Regular NJeetiog of 00/09/04 9 • 569 deal with the potential traffic impact. Engineer Engram responded yes. Jerry Copp, VDOT Resident Engineer, advised that the light on Valley Mill Road was a go, but he could not say for sure when it would constructed. He stated that the earliest it would be installed would be sometime in 2005. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of Arcadia Building Company. He advised that Arcadia came before the Board previously with this issue and the Board removed this item from the agenda and referred it back to the Planning Conunission to deal with the issue of density. The Planning Commission recommended approval of this plan and approved the necessary waiver request also. Mi. Wyatt explained that the vision for this project is upscale townhouses in a closed community concept, which would be marketed to commuters. l le advised that Arcadia desires to be the first in the area with this type of project. Mr. Wyatt went on to say that when Arcadia purchased this properly, there was a commitment for the completion of Channing Drive prior to the permitting of the first dwelling unit for this project. Arcadia has completed their portion and has agreed to provide 520,000 as part of the signalization improvement as well. Mr. Wyatt concluded by saying that, according to staff, the plan complies with the comprehensive plan, zoning ordinance, and subdivision ordinance requirements. Mr. Wyatt then introduced Doug Fleming, legal counsel for Arcadia. Mr. Fleming advised that he has been serving as legal counsel to Arcadia for a number of years. He stated that he appreciated the Planning Commission's vote to recommend approval of this master development plan and approval of the necessary Nvaiver. Mr. Fleming advised that the plan does comply with the requirements of the zoning ordinance and subdivision ordinance. He then stated that he fell it was important to make some brief observations regarding the transportation concerns, such as the extension of Nassau Drive. He advised that Arcadia had implemented its portion of the eastern road plan and noted that the Comprehensive Plan does not require or include an easUwest connector in this area. Mr. Fleming stated that the properties to the east of this project have not been rezoned and are undeveloped; therefore, it would be profoundly unfair to Arcadia to require them to create a road not included in the county's documents. lie went on to say that no adjoining landowner has ever called or requested to meet with Arcadia regarding a Nassau Drive commection, but they would not refuse discussions on this issue. He concluded by saying that the Mmnutc Book Number 29 board of Supervisors Regular Alerting of O6109104 5-i 0 �I i • County Attorney believes that if the plan meets the ordinance requirements then the Board should approve the master dcvclopmari plan. He then thanked the Board for the opportunity to speak. A2r. Wyatt stated that Arcadia's biggest concern about extending Nassau Drive is that it could serve as a substitute route to Route 7, which would disrupt the project and property. lie advised that Arcadia had invested money in constructing Channing Drive and now the County tvas talking about additional road costs. He concluded by saying that this concept would not work through Fieldstone. Mr. Fleming advised that an extension of Nassau Drive would have an adverse impact on the project and would exponentially benefit the property owners to the cast. Ile concluded by saying that Arcadia would not rule out extending Nassau Drive, but they have not been contacted by any of the adjacent property owners. Vice -Chairman Van Osten asked for a description of Nassau Drive. Mr. Wyatt explained that it was a 50 foot right-of-way connected to Channing Drive, which then enters the property and stubs out. Vice -Chairman Van Osten advised that she understood the applicants objections to a major collector road, but asked why they would object to a smaller road. Deputy Director Mohn advised that staff was looking for a path to Route 7 and this was not an option with Arcadia. He went on to say that staff was looking for compliance with the subdivision ordinance. Mr. Fleming advised that the subdivision ordinance does not require this extension. He advised that there was no plan nor were there existing or platted streets on the Adams' parcel_ He concluded by saying that the applicant has complied \vith the ordinance. Dcouty Director Mosul advised that there was probably an error in the staff report, but staff did note that the subdivision ordinance does look for connections. He went on to say that this was not a new issue. Vice -Chairman Van Osten reviewed the ordinance section in question and stated that it seemed like a question of semantics. Supervisor Tyler advised that she would like to explore Mr. Stafford's suggestion of prohibiting right turns on to Valley Mill Road and left turns on to Chauurin; Drivc. Engineer Copp stated that there was a way to do that, but he was not in a position to delemllne that at the present. liinute Book Number 29 Board of Supervisors Regular Meeting of 0G/09/04 Supervisor Dove asked if signage could be installed on Valley Mill Road. Engineer Copp responded that VDOT must look at other impacts caused by this option. He advised that there was a lot to consider. Supervisor Dove asked if this was a decision the Board could make. Engineer Copp responded that the Board could make a recommendation, but VDOT would make the final decision. He advised that he would work with the Board and staff to address these issues. Supervisor Forrester advised she \vas not happy about this, but moved to grant staff administrative approval authority contingent upon the applicant providing the necessary extension of the local street known as an inter -parcel connector, Nassau Drive, to the eastern property line per 144-17 B (2) of the County Code; the applicant to address all relevant start and local ordinances; and satisfactorily address all review agency, Planning Commission. and Board of Supervisors comments applicable to this project. The motion was seconded by Vice -Chairman Van Osten. gs were getting very complicated in this area and she Supervisor Forrester advised that thin asked the Board to help her with the transportation issues. Chairman Shickle stated that he had apprehensions about suggesting barricades be put up on these roads. He advised that he would like to keep his options open. Supervisor Forrester stated that she did not believe the road would be used as a collector road and that the extension of Nassau Drive inal:es for a far better transportation pattern. Director Lawrence advised that staff was looking at a public road. Chairman Shickle stated that he wanted to ensure that the inter -parcel connector would not be a major transportation route. Assistant Administrator Tierney advised that the County has it history of requiring inter - parcel coluiectors and staff is suggesting that an inter -parcel connector is appropriate in this instance. He advised that it would serve as an alternative means to get in or out of the subdivision. He concluded by saying that the County is simply talking about neighborhood access. Supervisor Forrester asked i f the Board could put a notation on the master development plan regarding the inter -parcel comlector. Supervisor Tyler advised that she was getting uncomfortable with putting conditions on it Minute IIuok Number 29 Board of Supervisors Regulsr Mecting of O6/09/04 572 �' 0 plan because of an adjoining property. Director Lawrence stated that the July 2003 comments stated there needs to be an inter -parcel connector. Chairman Shicl-le asked about the difference between the previous master development plan and this one. Director Lawrence advised that this was a major change because the applicant was changing the product from single-family dwellings to townhouses. Supervisor Ewing stated that the existing road conditions out there make it difficult to support this application; however, they have met every requirement and "I see no way to vote no." There. being no further discussion, Master Dcvclopment Plan #03-04,1=ieldstonc Subdivision was approved by the following recorded vote: Richard C. Shickle - Nay Barbara E. Van Osten - Aye Gar), W. Dove - Nav Bill M. Ewing - Aye Gina A. Forrester - .Aye W. Harrington Smith. Jr. - Aye Lynda J. -Fyler - Nay MASTER DEVELOPNll,NT PLAN 906-04 OFNVINCHESTER MEDiCAL CENTER 11 - .APPROVED Planner II Camp appeared before the Board on behalf of this application. lie advised that this was an application for a master development plan for the property located to the west of Winchester Medical Center containing approximately 50 acres along Route 50. The properly is located in the Gainesboro magisterial district and is zoned commercial B2 (Business General) and MS (medical support). Planner 11 Camp advised that this plan is being reviewed in conjunction with the Round Hill Crossing Master Development Plan. Proposed uses on the properly include restaurant, hotel, and retail; however, there is no guarantee of any of those uses at this time. The project requires a 200 foot no build buffer. The property contains no environmental features. He advised that the applicant is requesting a waiver to require individual lot access, which requires Board approval. Planner 11 Camp stated that Botanical Road is the only public collector road and private roads would be used to access lots within the development. Planner 11 Camp advised that all proffered road improvements are accounted for on this plan. He went on to say that the County must approve any development on this site that takes place once the vehicle trips per day exceed Minute nook Number 29 noard of Supen•isurs Regular hieeting of 06109/04 573 14,000. The Planning Commission recommended approval of this master development plan at its June nmecting. I le advised that the plan is in conformance with the ordinance requirements and proffers. Staff and the applicant are working on a notation to clarify the proposed closure of Echo Lane raid providing alternate access to the property. Clarification is also needed on the types of landscaping to be placed around the round about. There is also a question of potential access if the adjoining properties along Echo Lane are developed in the future. Vicc-Chairman Van Osten asked what access the adjoining property would have to their homes, if Echo Lane is closed. Planter II Camp responded that the applicant wanted to close Echo Lane and provide other access. He advised that staff was not going to permit anyone to be land locked; therefore, those residents would have access on to Botalical Drive. Vice -Chairman Van Osten asked if only the access from Echo Lane to Route 50 was being terminated. Planner lI Camp responded yes. Chuck Maddox, G.W. Clifford and Associates, appeared before the Board on behalf of the applicant. He advised that the reason for closing Echo Lane is that he did not want traffic to parallel a major collector. He stated that the plan would be annotated before staff approval. Chairman Shickle asked about the notes on the last page, which reference WNWAI Property. Mr. Maddox responded that that portion of the plan was included as an attempt to show the Route 50 improvements as related to the proffers. Supervisor Dove asked if this proposal would devalue the adjoining properties. Mr. Maddox responded that the proposal would not devalue the adjacent properties. He went on to say that once the new road is built, the property values would increase. Mr. Maddox went on to say that he would add a note to the plan stating that the applicant would not deny access to Botanical Drive if the property is planned. He stated that access would be available once the proffered traffic impact analysis is approved by the County and Winchester Medical Center approves what is on the property_ Chairman Shicklc asked about the Echo Lane entrance on to Route 50. Engineer Copp stated that VDOT agreed to allow the entrance as a private road, but they have not agreed to a commercial entrance on to Route 50 or Botanical Drive. N11oute Book Number 29 Board of 3upen•isors Regular Meeting of (16/09/04 574 i1 • Engineer Engrain advised that as long as the other properties along Echo Lane remain residential in use then the road would not close. Chairman Shicklc asked if the project was as it was required to be. Mr. A4addox responded yes. Upon a motion by Supcnrisor Dove, seconded by Supervisor Smith, the Board granted staff administrative approval for Master Development Plan 1106-04. The above motion was approved by the following recorded vote: Richard C. Shickle - Aye Barbara F. Van Osten - Aye Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W, Harrington Smith, Jr. - Aye Lynda J. Tyler - Ave MASTER DEVELOPMENT PLAN P07-04 OF WNVW PROPERTY - APPROVED Planner Ii Camp appeared before the Board on behalf of this application. He advised that this property is located on Route 50 in the Gainesboro District and is zoned B2 (General Business). The property contains 70 acres, 23 acres of which are designated for large retail to be used for a Will - Mart Supercenter and other commercial uses. Planner iI Camp advised that the Board of Supervisors is also being requested to approve a lot access waiver. He further stated that all improvements to the IWNIC II property x\ill be in place before the property is developed. The applicant has proffered to relocate Round Hill Road to reconnect with the proposed collector road. The cap on the collector road is 15,000 vehicle nips per day. Any increase would require County review. The applicant has also agreed to construct two lanes of Petticoat Gap Lane in Phase I. Planner II Camp advised that the Planning Commission has expressed no concern over the waiver request, which the Board must act upon. He stated that the Planting Commission has recommended approval of the plan. Planner 11 Camp stated that the plan is in confomtance with the zoning ordinance requirements and the applicant is seeking approval for staff authority to administratively approve this plan. He went on to say that staff is working with the applicant on the proffered 10' landscape screen and location. The screen is proposed to he located on the side of the road, but staff would be working with the applicant to finalize its location. Supervisor Forrester asked if the staff note staling that "as individual site plans are submitted for WWIV Property, an ADT traffic tabulation shall be required to assess the overall trips generated" Minute Hook Number 39 Bonrd of Supenlsurs Regular 91eeting of 06109/04 �j 575 is stated in the proffer statement. Director Lawrence advised that this issue is already addressed in the proffer statement. Chuck Maddox, G. W. Clifford & Associates, appeared before the Board on behalf of this application. fie advised that the applicant was working very closely with NVWC 11 to make this a unified commercial and medical support facility. Chairman Shickle asked about the buffer between the development and the adjoining agriculture land. Mr. Maddox responded that there was 10 feet in addition to the 80 foot right-of-way. With regard to the location of the screening buffer, Mr. Maddox stated that he %would prefer to see the screening placed bel,,veen the buildings and the road. Vice -Chairman Van Osten advised that she would like the buffer to screen the buildings. She then asked what the design standards for the proposed Wal-Mart might be. Mr. Maddox responded that the applicant has established an arclulectural content committee to make sure all of the architecture is homogenous. He stated "it's going to be the best it can be... big box is big box." He concluded by saying that he did not have any exterior colors or drawings yet. Chairman Slvckle asked who would build the backside entrances. Mr. Maddox responded that it would be built by Winchester Medical Center. He went on to say, that Phase 1 would be completed prior to the issuance of the first occupancy permit. He further stated that the Echo Lme entrance would be built at that same time. Upon a motion by Supervisor Dove, seconded by Supervisor Ewing, the Board granted staff authority to administratively approve Master Development Plan tt07-04 and also approved the proposed lot access waiver to allow lots to access private streets. The above motion was approved by the following recorded vote: Richard C. Shickle - Ave Barbara E. Van Osten - Ave Gary W. Dove - Aye Bill M. Ewing - Aye Gina A. Forrester - Aye W. Harrington Smith, Jr. - Aye Lynda J. Tyler - Aye ROAD RESOLUTION (rf668-04) FOR AUI'UNIN GLEN, SECTION 1- APPROVED UNDER CONSENT AGENDA Minute Buok Number 29 Board of Supervisors Regular Mecting of 06/09/04 VVIiEREAS, the streets in Autumn Glen Section I, described on the attached Additions Forin SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and NViIEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and \VIIEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stonnwater detention which applies to this request for addition. NOON/, THEREFORE, BE IT RESOLVED, this Board requests the Virgina Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestrictcd right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that it ccrti fled copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Adopted this 9" day of June, 2004. BOARD LIAISON REPORTS Supervisor Tyler informed the Board that Parks and Recreation received an award from the Tourism Board recognizing outstanding event of the year for the holiday Light Show. Supervisor Forrester advised that the Personnel Committee met, but there was no action to forward to the Board. CITIZEN COM` MF,NTS Dick Lauderdale, Gainesboro District, spoke regarding the WNIC ii and NNIN NNI projects. I -le expressed concerns about traffic on Routes 50 and 522 and hoped they would be adequately addressed in the two projects. He also asked why the applicants were not extending the sm-icc road. BOARD OF SUPERVISORS CONIMENI'S Supervisor Forrester thanked staff for handling the complexity of the many projects that have been coming forward. ADJOURN UPON A MOTION MADE BY SUPERVISOR FNViNG, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY .ADJOURNED. (11:00 P.M.) Minute Book \umber 29 Bo2rd or Supen1sors Regurar Meeling of 06/09/0-11 • 9 II57 7 Richard C. Shicklc /I it R. Riley, Jr. f Chairman, Board of Supervisors ( )crk, Board of Supervisors Alinutes Yrepared By: -��1 �l✓ Jai' E. f'ah s Deputy Clerk, Board of Supervisors Minute Book Number 29 Board of Supen-isors Regular Meeting of 06109104 CD 010016054 N C-n THIS DEED OF DEDICATION made and dated this 12°i day of August 2004, by WINCI-IESTER MEDICAL CENTER INC., a Virginia Corporation company, hereinafter called Declarant. WHEREAS, the Declarant is the owner of a certain tract of Kurd containing �9 i 101.9214 acres lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, (Frederick County Tax Map No. 53-((A))-68) and more particulfu'Iy i shown on the survey drawn by Randy A. Stowers, L.S., dated August 12, 2004 attached hereto and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Winchester Medical Center, Inc. by Deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as InstrumentNo. 00-00012098; G� and, WHERE' AS, it is the desire of the Declarant to subdivide the same into a 3.9481 acre tract and a 97.9733 acre tract as shown on the plat drawn by Randy A. Stowers, dated August 12, 2004 attached hereto and by this reference made a part hereof as if set out in full; ti NOW, THE, REFORE , this Deed of Dedication Nvitnesseth: That for and in consideration of the premises and the benefits that will accrue by dp o reason of this Dedication, the Declarant does hereby subdivide, that certain tract of land shown on the plat of survey drawn by Randy A. Stowers, L.S., dated August 12, 2004, into �zQ o a tract of land containing 3.9481 acres and the remainder tract of 97.9733 acres; AND BEING the same land conveyed to Winchester Medical Center, Inc., by Deed of record zp°'3 in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No.00-00012098. Page 1 of 2 CD • CD r`J M The Declarant does further dedicate as a landscape buffer that certain 50-foot-wide landscape buffer shown on the aforesaid plat drawn by Randy A. Stowers attached hereto. The Declarant does further dedicate a certain 50-foot-wide access easement extending from the 3.9491 acre tract through the remainder tract of 97.9733 acre tract as shown on the plat of survey drawn by Randy A. Stowers to a future street designated "future Periwinkle Drive" (but known as Petticoat Gap Lane) on the plat drawn by Randy A. Stowers attached hereto and by this reference made a part hereof as if set out in full. The dedication and subdivision of the land as shown on the aforesaid attached plat is with the free consent and in accordance with the desire of the undersigned Declarant and is In conformity with the provisions of the "Virginia Land Subdivision Act and the Frederick County Subdivision Ordinance". WITNESS the following signature and seal: WINCHESTER AIEDICAL CENTER, INC. By: -AL) C. Douglas R i, Senior Vice President STATE OF V[ RGINIA CITY OF W NCI -TESTER, TO WIT: a Notary Public in and for the State and jurisdiction aforesaid,do ereliy certify that C. Douglas Rosen is the Senior Vice President for Winchester Medical Center, Inc., whose name is signed to the foregoing Deed of Dedication, dated August 12, 2004, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this � day of August, 2004. My Commission expires ` /-07 ` �.a\�y3 E01��%,,/ .a�aSsioN'��l Notar4PU s- PuoL+l 1163&VHS\ A\DEED of Dcd-t,n mpd /9TAOF `on�FI Ij1PG\��o Page 2 of 2 PPROVED . DATE iZ X 41 ;UBDIVISION ADMINISTRATOR" ,WNER'S CERTIFICATION: iE ABOVE AND FOREGOING MINOR SUBDIVISION OF THE PROPERTY OF INCHESTER MEDICAL CENTER, INC. AS APPEARS ON THE ACCOMPANYING PLAT, IS ITH THE FREE CON NT AND ACCORDANCE WITH THE DESIRES OF THE uDE1G D OWNE ROPRI RS AND TRUSTEES, !F ANY, Y. l� OTARY PUBUC TATE OF tYi ' . A iTY/COUNTY OF F'r FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY DAT < MY COMMISSION EXPIRES 5�bk'tg2y-"t2 X09' twTARY PUBLIC) I. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES NOT THEREFORE NECESSARILY INDICATE ALL ENCUMBRANCES AND RESTRICTIVE COVENANTS ON THE PROPERTY. 2, THE EXISTENCE OF VEGETATED OR TIDAL ER NVESTIGA ED NOR CONF RMED DURING THE EPERFORMANCE OFTHIS SURVEY BY THIS FIRM. 3. ALL PROPERTY CORNERS TO BE SET IN ACCORDANCE WITH LOCAL „r R, CURVE RADIUS 1372.40 650.00 300.00 DELTA 19'00'00" 18'07'25" 22'33'31"11812 %,URVG LENGTH 455.11 205.61103.67 TANGENT 229.66 5983 BEARING N39'03'58"E3.0C2 S80'4D'00"EC3 N11'33'02"E7.35 ORDC1 2204.751' SURVEYOR'S CERTIFICA110N I, RANDY A. STOWERS, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AN BELIEF, THAT THE PROPERTY IDENTIFIED HEREON AS T.M. # 53-((A))-68 IS THE SAME PROPERTY CONVEYED TO WINCHESTER MEDICAL CENTER, INC. BY AT000 0112098 MONGETTHE ELAOND E ECORDSS TRUMENT OF FREDERAT ICK P SUBDIVIS 01 NG COUNTY, VIRGINIA. OF THE PROPERTY OF R INC W►NCHESTER MEDICAL CENTE , INST.# 000012098 GAINESBORO MAGISTERIAL DISTRICT � + FREDERICK COUNTY. VIRGINIA SCALE: AS NOTED DATE: JULY 27, 2004 m Ej� gilbert w. clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, ININCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET I OF • IRS LL a Lli z cy- W CL w z J O U W MATCH LINE SHEET 3 OF 4 63-((A))- 66 REMAINDER 97.9733 ACRES PARENT PARCEL 53-((A))-68 �150 56 USE- C V C / ZONE: ACA T 'Cy2 / \\ cJ0 PGG�S � o IRS IRS S6710' 12`, 497,1 66.051R(z O \ �rn ACRES `- P91-1 M F i Z IRS IRS/c/ Ld N LD o O� O) M F ©(MF `tN lO IRS Q15� IRS d`L," 0 G rnJ c_O PLAT SHOWING SUBDIVISION OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. Q,U 0 P INST.# 000012098 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" - 200' DATE: JULY 27, 2004 o RMY A. STOWM y, gilbert w. Clifford & assoclateS 200 4000 No. 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION t CONSULTING ENGINEERING — LAND SURVEYING — PLANNING sumiv 917 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 "=200' (5'40) 667-2139 SHEET 2 OF • CD 0 N �n MATCH LINE SHEET 4 OF 4 INO In u, \MPS 1--' C SCR PppRO0� 41kJA NON \ o MF C c� C\11( p�RM SEMEN �rq \ I IN m N I N S I\ IRS vp � I In N �0 o u o IN u'. 53-((A))-'68 `° rn i REMAINDER ° �, 97.973.3 ACRES N 2 a I I FRUIT HILL ORCHARD, INC. \ T.M. 53—((A))-69 D.B. 296, PG. 302 rn ZONE: RA Icn, USE AG. 5h.6 3� POST 56, 566 0IRF o w I 4 I MATCH LINE SHEET 2 OF 4 PLAT SHOWING 0 200 400 SUBDIVISION OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. INST.# 000012098 1 "=200 ' �� GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" Q 200' BATE: JULY 27, 2004 DY A. STO1ERS y gilbert w. clifford & associates N0. 002342 A DIVISION OF 'y PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �,�t CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 80tivv'�4� (540) 667-213D a_ SHEET 3 OF 0 T.M. 53—((A))-76 ROBERT B. JOHNSON D.B. 586, PG. 878 ZONE: RA, USE: RES. 4 T.M. 53—((A))-73 PACE F. & ELVA HUFFMAN D.B. 65, PG. 509 ZONE: RA, USE: RES. OWNERS TABULATION: 0 T.M. 53—((A))-75 NANCY RENNER JOHNSON D.B. 819, PG. 552 ZONE: RA, USE: RES. T.M. 53—((A))—A FRUIT HILL ORCHARD, INC. D.D. 848, PG. 1208 ZONE: RA, USE: RES. 0 0 T.1.4. 53—((A))-74 CAROLY14 R. TURNER D.D. 938, PG. 150 ZONE: RA, USE: RES. 6 P/O T.M. 52—((A))—B W'INCHESTER WAREHOUSING, INC. INST. #030016328 ZONE: 62, USE: VACANT FRUIT HILL ORCHARD, INC. ` T.M53—((A))-1 D.B. 296, PG. 302 �5�600� ZONE: RA IRS IRF USE AG. 1068 g5 y, (VDOLn ✓ 1J S11'39'26'W IRF o 115.66' (VDOT) �� O Z I fTT Q; iN cfl W 53—C�A)�`-68 I o REMAINDER 97.9733 ACRES I i I 1 J A. L I �' m MATCH LINE SHEET 3 OF 4 PLAT SHOWING 0 200 400 SUBDIVISION OF THE PROPERTY OF ■.� WINCHESTER MEDICAL CENTER, INC, IN f`� Off INST.# 000012098 GAINESSORO' MAGISTERIAL DISTRICT 1 "=200' h FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: JULY 27, 2004 Y A. SPO1fW gilbert w. Clifford & associates No, 002342 DIVISIONOF PATTON HARRIS RU& ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING -- LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (640) 667-2139 SHEET 4 OF ItE ZONING REQUEST PROFFER o Property Identification Number 53-((A))-68 0 'INCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.1 - 491.1 ct, seg., of the code of Vn•ginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application it for the rezoning of 51.9676 acres from Rural Area (ILA) Zoning District to the Medical Services (MS) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Also within this tax parcel is 50.0540 acres zoned B-2 which will remain B-2 after rezoning. The proffers which exist on the 50.0540 acre parcel have been included in this proffer statement and together with the added proffers constitute the complete proffer for the entire tract of 102.0216 acres. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan, dated September 2002, sheets 5 of 6 and 6 of 6, which are attached hereto and incorporated herein by reference. Feet Improvements The Applicant shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an aceelcration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane, (03) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: PLAT SHOWING 200 400 SUBDIVISION OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. INST.11 000012098 1 =ZOO GAINESSORO MAGISTERIAL DISTRICT O FREDERICK COUNTY, VIRGIIJIA SCALE: 1" = 200' DATE: JULY 27, 2004 v DY A, STOMS giibert w. Clifford & associates No, 002342 A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADIUX STREET; VANCHESTER, VIRGINIA 22601 �� (540) 667-2139 SHEET 5 OF - At U.S. Route 50/VA Route 37 western signal, Soutlhbound right turn - 200 feet with transition to provide ftt12 lanes at intersection. At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn - 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. C:) 5. A traffic signal will be provided at U.S. Route 50 and VA Route 1317 intersection. (0) o c, > 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at One U',+) Route 501VA Route 37 eastern signal. (116) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 fcetstrightL right of way. (47) Transportation items 1 through 6 shall be constricted during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The applicant shall limit entrance connections onto U.S. Route 50 to two points as shown on GDP. The applicant shall prepare a traffic generation estimate for uses established by die Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with results due on July 1 of each year, and be available for review as indi-vidual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from the 102 acre site is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at NVMC causes the total to exceed 14,000 TPD then it is agreed that the applicant shall not file additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the ITE shall be utilized for the subject projections. The applicant shall perform an updated TIA of the project intersection on U.S. Route 50 and of the Route 50/Route 37 interchange when traffic generation from the 102 acre site reaches 14,000 TPD (average weekday volume). The County unay revise this 14,000 TPD limit upward, without modification of this proffer agreement, should results of the TIA show that additional loading is appropriate. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Concept Plan revised 3/4/03 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial stiuctures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) PLAT SHOWING 0 200 400 SUBDIVISION OF THE PROPERTY OF Di' WINCHESTER MEDICAL CENTER, INC. INST,# 000012098 �4ti drf 1 "=200 GAINESBORO MAGISTERIAL DISTRICT 4 �l FREDERICK COUNTY, VIRGINIA M' SCALE: 1" m 200' DATE: JULY 27. 2004 . SWWW PSilbert w. Clifford or associates No. (234 Off_/2_aj� PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION .P,` �D � CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. P(CCADILLY STREET, WNCIIESTER, VIRGINIA 22601 (640) 667-209 SHEET 6 OF 7 • 3. A landscaped, open, green visual focal link find park located at a "roundabout" (#10). An Illustrative example (ID "B") is attached to this proffer for the puupose of establishing a standard quality to be implemented upon final design. Cj W On Site Development CID The Winchester Medical Center shall establish all Architectural Review Committee (ARC) to review all planning within the 104 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the buildings shall include but not be limited to concrete masonry omits (CMU) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials, 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural trcatncstrightLnt, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be, utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area along U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses, No other signs shall be located within 50' buffer area. The Applicant shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property o�niers shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 51.9676 acre tract 2, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia from RA, to MS and approves the revised planning for the 50.0540 acre tract 1, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriffs Office the sum of $5,000.00 and the Admuuuistration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time the first building permit on the 102.0216 acre tract is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. in the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. 200 400 01 1 "=200' No. 0023, SUt�1�� PLAT SHOWING SUBDIVISION OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. INST.# 000012098 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, MRGIINIA { SCALE: 1" - 200' DATE: JULY .7.7, 2004 gilbert w. clifford & associates A DIVISION OF PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WNCHESTER, VIRGINIA 22601 (540) 6e7-2139 SHEET 7 OF CD 0 C... Z-- VIRGINIA: FREDERICK COUNTY, SCT. 'This instrument of writing was produced to me on at and lvit eertificalc off acknowledgement thereto annexed was admitted to record. T itnposed by Sec. 58.1-802 of $. — - ,and 58,1-801 have been paid, if assemble CD 080006462 w OJ TUTS DEED OF DEDICATION OF SUBDIVISION is made and dated this I1`�' day of March, 2008, by WINCHESTRR MEDICAL CENTER (formerly Winchester Medical Center, Inc.), a Virginia non -stock, not for profit corporation, party of the first part, hereinafter called the Declarant (Grantor for indexing purposes); and COUNTY OF FREDERICKI VIRGINIA, party of the second part (Grantee for indexing purposes). RECITAL WHEREAS, Winchester Medical Center is the owner of a certain tract of land containing 95.4146, acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia (the "Property"), and desires to subdivide the Property into Lot 1 containing 1.5296 acres, Lot 2 containing 1.3752 acres and the remainder containing 92.5098 acres (computed, not surveyed) and shown on the plat of survey drawn by Cory ibi. Haynes, L.S., dated October 1, 2007, revised March 11, 2008, attached hereto and by this reference made a part hereof as if set out in full. NOW,'THEREFORE, THIS DEED OF DEDICATION OF SUBDIVISION WITNESSETH: That for and in consideration of the premises and benefits that will accrue by reason of ails subdivision, the Declarant does hereby subdivide that certain tract of land containing 95.4146 acres into Lot I containing 1.5295 acres, and Lot 2 containing 1.3752 acres, and the remainder of Tay Parcel 53-A-68 containing 92,5098 acres (computed, not surveyed) as shown on the plat of survey drawn by Cory M. Haynes, L.S., dated October 1, 2007, revised March 11, 2008, attached hereto and by this reference made a part hereof as if set out in full. The subdivision of the within described land has been approved by the County of Frederick, Virginia, as evidenced by the signature of the Frederick County Subdivision Adn2inikrat0r 011 the plat of subdivision attached hereto. The subdivision of,the aforesaid Property as appears on the accompanying plats is with the free consent and in accordance with the desire of the undersigned owner; it is made pursuant to the Virginia Subdivision Act and the Frederick County, Virginia, Subdivision Ordinance, 1 0 • O C) co WITNESS the following signatures and seals: `0 WINCHES'fEIZ 1V[ ,;�AL ENTER By: M. Todd Way, is : President COMMONWEALTH OF VJRGINJA, CITY OF WINCIIESTER., to -wit: The- foregoing instrument was acknowledged before me this 1 '2— - day of May, 2008, by M. Todd Way, Vice President of Winchester Medical Center. z 0 --) ?9 / V Ad197 A14A Notary Public 2 r CJ VICINITY MAP SCALE: T' = 2,000' APPROVE) BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR NOTES: 1. FREDERICK COUNTY PIN: 53—A-68, CURRENTLY IN THE NAME OF WINCHESTER MEDICAL CENTER, INC. (INST #000012098), ALSO REFERENCE INST //040016054; ZONED: 82MS. 2. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE REPORT. 3. PROPERTY INFORMATION SHOWN HEREON IS BASED ON THE SUBDIVISION PLAT ATTACHED TO THAT CERTA114 DEED OF DEDICATION RECORDED AS INST #040016054 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. IT IS NOT BASED ON A CURRENT FIELD RUN SURVEY. 4, UNLESS OTHERWISE NOTED, LAND AREAS, R/W AND ESIATS ARE AS DEPICTED ON THE PLATS ATTACHED TO DEEDS RECORDED AS INST ;/ DATE i�02. OV NER'S CONSENT:AS THE ABOVE APPEARS ON 1THEFOREGACCOMPANYING THEFNGIPLATTS, VISION OIS WITH THE FREE OCONSE14T Al DWINIR INtEDICAL ACCORDANCE WITHCENTER,CTHE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. SIGNE I cvo r' PRINTED NAME & TITLE NOTARY PUB STATE OF N i CITY/ OUN OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY �O (n V1 l t VICTORIA P. LORD NolotY Public Irwmc OArr"M" W°�° 0383 DA(NO ARY PUBLIC) prrmb✓aon Fa� er 30, SURVEYOR'S CERTIMCAWN 1, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA HEREBY CERTIFY PTo THE ORTIONBOF THE SAMENPROPERTY ACONVEYED TO WIN HESTER MEDICAL SUBJECT NTER,OINC.I BY INSTRUMENT N IS A ENT //000012096 AI4D SUBDIVIDED BY INSTRUMENT //040016054, BOTH RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. FINAL PLAT *"+##o LOTS 'I AND 2 �,L'rx or WMC, DIVISION Lf.Q GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA w O CORY M. HAYNES SCALE: 1"=100' DATE: OCT. 1, 2007 REVISED: MAR, 11, 2008 Lic. No. 2539 1 Patton Harris Rust & Associatos Engineers. Surveyors. Planners. Landscape Architects. ` 117 East Piccadilly Street Winchester, Virginia 22601 P"R T 540.667.2139 F 540.665.0493 SHEET 1 OF 3 rC. oun.,.e 9nm r 1] i 53-A-1 ADDITIONAL ADJOINERS: 53-A-73 N/F PAGE F. & ELVA HUFFMAN OB 65. PG 509 ZONED: RA USE: RESIDENTIAL 53-A-74 N/F CAROLYN R. TURNER DB 938, PG 150 ZONED: RA USE: RESIDENTIAL 53-A-75 N/F NANCY RENNER JOHNSON DB 819, PG 552 ZONED: RA u¢r• \/ACANT 53-A-76 N/F ROBERT B. & NANCY R. JOHNSN DB 586, PG 878 ZONED: RA USE: RESIDENTIAL Z' \ O� r.i204a� c -'co N Zo Q \lz� Jo U 40 1 z� L =J 53-A-Al - ZONED: RA 52-A-D ZONED: 62 USE: VACANT I 53 3 SJi - 75 I1/F ZONED: RA FRU(T I-KL 0130-TARO, INC. USE AG. DB 296, PG 302 S74'14'52'E 1068.95:� — — -- � S11'39'26"W � , 115.6G' JJJ U S7611'14"E 1 Z I Ir 101.71' o ' QM Q 'I � �Vaa ¢ z O'6'9z Ld 'ow N JNN� / . J So I ==T17APPROXIIIAI-E LOCATION t CITY Of "CHESTER \ � 20' PERMANENT WATER ESMT 3 f ) DB 859. PG 87 N n 3 bN 1I P, G a to oL'i _ � co SCALE: 1"=200' I 0a4 ' Z) L 'Q S68'5615D"E j: j O 4 5•56.38' � b� to / J 3� Q REMAINDER r �N PIN 53-A-68 AREA TABULATION: �Wm 92.5098 AC 53-A-68 95.4146 AC (COMPUTED, NOT SURVEYED) LOT 1 1.5296 AC ZONED: 82MS LOT 2 1.3752 AC REMAINDER 53-A-68 92.5098 AC � /-SEE DETAIL LOT 1 0$�pyTH of DN 1.529AC N ZONED6 B2MS � LOT 2 �� Z 1.3757_ AC V v CORY M. HAYNES 9 ZONED: 82MS 6BN � w `� p,- L1c. No. 2539 j > N67yo12 1Y 53�EF�P LAClil�OS R CNES� 4 oD e 11� 3 i W1N s, #p• z `�1'D v 14 /I vp�cONO�ELN1N� FINAL PLAT - w f � o �6 Es��P\� WMIC DIVISION // 53-A-76 BOG �� 5p wpRPR� i GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA / �QU `R/ SCALE. 1"=40 OREVISED: M \, S AR.. 11, 200B Patton Harris Rust & Associates Engineers. Surveyors. Planners; Landscape Architects. GRAPHIC SCALE '�-`�. >� Win East Piccadilly Street o zoo noo �o + Winchester, Virginia 22601 T 540-667.2139 1 ( IN it 00 It JL IL I' 540,665,0493 SHEET 2 OF 3 0 PFIRa-A 9n0'7 op 9 0 SEE SNEEr 2 0 ^ z N zW HIE) t�`5�' 10 0 Q z o � hJ rn N• 3 r cu of r r o � r � � � 2 REFERENCE WIIJCYIESTER MEDICAL USN I)U� ll jj CD(FINAL MASTER DEVELOPMENT PLAN (MDP 1iICH CD#06-04), APPROVED 6/29/04, w �I STATES: "ENTRANCE TO RESIDENTIAL USE �4 m AREAS SHALL BE GRANTED BY WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION, TRANSPORTATION IMPACT A14ALYSIS /bi /� / /� 1 AND PROFFERS FOR THESE AREAS U m ARE APPROVED BY VDOT AND /c� I FREDERIC REMAINDER ��� Z �U `^�� PIN 53—A-68 ^� �6 92.5095 AC / �v 35' g'L COMPUTED, NOT SURVEYED) /Q2 /(-lpft47F � ZONED: 62MS 0 0 / ACCESS ESM7' \ Up-v ,l C4 Q IQ —"' L b M z IiFCSA IY �� 16 B� f- ' J 1iz /ES�,1 S' \ �.a oLliJ 0 35' gR1 LOT Z LOT 1 0 1.3752 AC 1 7q I� 1.5295' AC ZONED: � B21as n ZONED: w FCSA WAT & B2MS m'� SEW ESMT FCSA ACCESS ESMT � W 1 v SD ESMT \ / 'o� C3 — 50'BR� 1y\` C5 50' LANDSCAPE B FFER 4jq4ST #040016054 145.73' C6 C289.90,L7 L1 IVATE SD ESMT 50' LANDSCAPE BUFFER INST J-040016054 U.S. ROUTE 50 NORTHWESTERN PIKE (R /W VARIES) 53-A-68A / N/F \/1 LEFTA WINCHESTER, LLC tNST Jf040016417 I ZONED: B2 USE: IiOTEL r vb 0 L` VIRGINIA: FREDERICK COUNTY.SCT M)is instrument of writing was produced to Inc on and kith certificate acknowicdgcmcnt thercto annexed was admitted to record. 'I pax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. Cerk O n r W j,o/ iu I)M,I-7T Action: PLAI\NIl�G COM-hfiSSIONT: October 1, 2008 - Recommended Approval BOARD OF SUPERVISORS: October 22, 2008 D APPROVED 0 DEINTIED AN ORDINANCE A -MENDING ,111E ZOG DISTP.ICT 1 UT REZONIl\TG 409-08, OF BOTANICAL SQUARE �,V.,,EREAS, Rezonin-008-OS of Botanical Square, submitted by Painter -Lewis; PLC, to rezone 4.15 acres from RA (Ruirnl Areas) Distri-ct to B2 (General Business) District, with proffers dated February 7, 2008 and final revision dated October 9, 2008 for Commercial Use, eras considered. The prope��ies are located on Route 50 Nest, at the northeast corner of the Route 50 and Botanical Drive intersection, approximately V,, mile west of Route 37, in the Back. Creek Magisterial District, and are identified by Propert, Identification NTurnbers 53-A-74, 53-A-75, 53-A76 and 53-A-77. WHEREAS, the Planning Commission held apublic healing on this rezoning on October 1; 2008; and �VM-P,EAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and VMEi REA S, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safeq, welfare, and in conformance with the Comprehensive Policy Plan; NTOM', T , EFpRE, BE IT ORDAINED by the Frederick Count), Board of Supervisors that y Code, Zoning, is amended to revise the Zoning District Map to Chapter 165 of the Frederick Count change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in v,,riting by the applicant and the property o«7ner. PDRes ;33-08 • • This ordinance shall be in effect on the date of adoption. Passed this 22' day of October, 2008 b5� the follo��1ing recorded vote: Richard C. Sliicicle, Chairman loge Gary A. Lofton Lye Ape Bill M. E'Xing Aye Gary. Dove Age Aye Charles S. Del -lave", Jr. Gene E. Fisher Philip A. Lemieux Ay A COPY ATTEST John R,/ Riley, 3 r. Fredei-icic County Administrator PDRes. 433-08 0 Rezoning -,"k Property: Recorded Owner' Recorded Owner: B0Th--X-4qIICfflN--L 5CQI"UZfiIARE-E-� pS, d W� tj D E 5 R Gi HN" a W-A t 0 Ipwaffer State Krt erat 4.15 acres PARCEL ID's. 53-A-74 CaFDiytl R. Turner PARCELID's: 53-A-75, 53-A-76, 53-A-77 Robert B. and Nancy R. Johnson Applicant: Omni Design/Build, Inc- 20288 Blueridge KAountain Road Paris, VA 20130 Project Name: Original Date of Proffers: Revision Date(s): Botanical Square Route 50 West February 7, 2008 July 1, 2008 Se-p-IL---inber 2v',. ZOOS October 9, 2008 Prepared by: PAJMTER-LEWIS� P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel., (540) 66M792 ernail: office@painterlewis-coiln Job Number, 0612010 PROFFER STATEMENT PARGEL ID PARCEL ID's; 53-A-74, 53-A-f5, 53-A-7G, 53-A-77 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application -# for the rezoning of parcels TM#s 53- A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject property (tile site) shall be in strict confomnance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owners and their legal successors or assigns. For the purposes of these proffers, the property includes all or any portion of parcels TM#s 53-A-74, 53-A-75, 53-A-76, and 53-A-77. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07/01I08, identified as "Botanical Square/Route 50 West", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of the principal site access, the location of parking areas, the location of a 50' landscaped buffer along 'GDP". 50, and transportation improvements. Please refer to the attached drawing named GDP' . 2.) Route 5G u�ght of Way Improvements The applicant will make the necessary road frontage improvements, as required by Vrginia Department of Transportation, to Route 50 and Botanical Boulevard in support of the proposed development. The improvements will be designed and subrni Led for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. 3.) Improvements to Botanical Boulevard and Traffic Signalization Fhe applicant will make the necessary road frontage improvements including pedestrian facilities, as required by Virginia Department of Transportation and Frederick County, to Botanical Boulevard in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County Planning during the site plan review process. In anticipation of the warrant for a traffic signal, the applicant will enter into a signalization agreement with the Virginia Department of Transportation providing for payment by the applicant for the cost of the design and installation of traffic signalization at the intersection of Botanical Boulevard and the site entrance when warranted by VDOT. The agreement will be executed prior to the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. In the event that traffic signalization is not warranted by VDOT and no signalization agreement is executed; the applicant agrees to pay $ 150,000.00, for future transportation improvements within the Route 50 and Botanical Boulevard rights -of --way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. page 2 PROFFER S T ATEMEh1T PARCEL ID PARCEL Us: 53-A-74, 53-A-75, 53-A-76, 53-A-77 4.) ]VInnetary Contribution to Frederick County Service Organizations The applicant Will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued for the site, subsequent to the approval of this rezoning. 5.) Route 60 Buffer The applicant agrees to construct a ten (1 0) foot wide pedestrian trail running parallel with Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of- way. The trail will be paved with an all weather surface acceptable to the Frederick County Department of Planning and Development. The buffer will contain no permanent surface improvements with the exception of the pedestrian trail, landscape elements, means of access, and utility riser structures. The traii will be owned and maintained by the property owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet of road frontage (minimum 10 trees) and one ornamental shrub per 5 Iinear feet of road frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of existing vegetation, or a combination thereof. Alandscape/buffer plan 1+ti+il] be submitted on thereof. The trail and buffer will be along with the first site plan for the site or any porti completed prior to the occupancy of any structure on the site excluding, however, occupancy of the existing structures on the property which are currently occupied for residential use. 6.) Building Design nstructed using compatible architectural st)+le and The proposed buildings shall be co mpatible with Frederick County and will respect the materials. Design elements shall be co continuity and character of the existing architectural fabric of the surrounding community. The principal facade in addition to any facade facing Route 50 and Botanical Boulevard shall be limited to one or a combination of the following materials: cast stone, stone, brick, glass, wood, stucco, or Other Ijig h quality, long lasting masonry materials. 7.) Location of Parking ent of the site will include no more than one (1) rov,+ of The owner agrees that the developm parking and one access aisle between any building and the Route 50 front yard of the properly.. This will be shown on the site plan as part of the development requirements. 8.) Maximum Floor Area The applicant agrees to limit the gross commercial floor area that will be built on the 4.15 acres to 36,000 square feet. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owners. In the event that the Frederick County Board of Supervisors grants this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. page 3 0 PROFFER STATEMENT r• PARCEL ID PARCEL Us: 53-A-74, 53-A-75, 53-A-76, 53-A77 Garolyn R. Turner 1Gounty of ��i hC�l� �'� Commonwealth Of Virginia_ The foregoing instrument was acknowledged before me this i day of 0d , 200 S Not ry Public My con-unission expires: page 5 0 • PROFFER STATEMENT PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-7G, 53-A-77 Submitted By: Nancy R. phnson City/County of `N\ Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 1D day of 0-4 1200 S Qary Public My commission expires: page 4 vn m r� � r"I O II�i I I III I a IR1 III I I11 I I ICI i III 1191 I I11 I V I I71 i � o C- o0. \� ,05 I mom � Q E 0 of I� 25' ACTIVE BUFF 25' 1(� C 'I 6UI=FE'R E�-�l� QUFFE 18 -M li M P p L . p 817 Cedar Creek Grade, Suite 120 Winchester-, Virginla 22601 Telephone (54-0)562-5792 CONSULTING facsimile (540)662-5793 Ctiirrihiccoc Fmnil: �P•fir.�C�nnini•nrlwdi�.c-nm I�ROJECT; BOTANICAL SQUARE ROUTE 50 WEST OMNI DESIGN/BUILD, INC. FREDERICK COUNTY; VIRGIi'\IIA 0 is ujoo•spe,uljojulodc-polio :Ilow3 M3314ION3 VINIO�JIA '.,ii (n0O >imjim3 j-A 46LS—Z99(06S) al!ugdap oNll�nslaoo� •0NI 'cnno/NOIS3o ININO Z6L9—Z99(01,9) auoydalal M gip 109ZZ olul6.np Ua;sayoullA 1 S3M OS 31nmj a In o o� aa� JDPOD —' OZl � S P O 'i O P O Ll8 .70VI IVJ ���JIIVV100 c�:�e 6�gg __n uK—-1,, F---EV 'r JOn 'Fp, •• I- � II , W ti ' o o GI v Ct1L f> } O p 0 •s ¢ II o 1=/1 C O UI O RII I IIII I III I IIII I III I V III I `� I I , • a III 1 •Ito os) , IN I Ana 3nu�vrn , I 1= II ' ��na shuns• •s—� sa_ IIII I II I IIII l II NW I IIII 0 I I�� fi5PC / I I { • I II II I I {I I II ----I II II ' I I II r II II 11 o I I II II ; II II _� II F - II �� mI II mw—d moa II ll J / — I I Ilt' 50- 0 • A Regular Mecting of the Frederick Count\, Board of Supcn'isors was held on Wednesday, October 22, 2008 at 7:15 P.M., in the Board of Supervisors' b1ccung Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRE, SEW i Chairman Richard C. Shickle; Vice-Chainnan Gene E. Fisher; Charles S. Del-Iaven. Gary W. Dove; Bill M. li-,ving; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER i Chainnan Shickle called the meeting to order. INVOCATION Reverend Mark Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice -Chairman fisher led the Pledge of Allegiance. ADOPTION OF AGENDA —APPROVED AS AMENDED County Administrator John R. Riley, Jr. offered the following amendments to the agenda: - a request from the applicant to postpone Conditional Use Permit n11-08 for Diana and Andrew Hirshfcld; and - Addition of the appointment of the At -Large Member to the Extension Leadership Council. i Upon a motion by Supervisor E% ing, seconded by Supervisor DeHaven, the Board approved the agenda as amended. The above motion Nva-s approved by the following recorded vote. Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. ENNing Ayc Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA There were no items for the consent agenda CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. Minute Book Number 34 Board of Supen-isors Regular Meeting of 10/22/08 MINUTES - .APPROVED Upon a motion by Supervisor Dove, seconded by Vice -Chairman Fisher, the Board approved the minutes from the October 8, 2008 ,vork session by the following recorded vote: Richard C. Shickle Ayc Gene C. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. E«dng Aye Philip A. Lemieux Ave Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved the minutes from the October 8, 2008 regular meeting by the following recorded vote: Richard C. Shickle Ave Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. LemietLx Ave Gar), A. Lofton Aye COUNTY OFFICIALS CONTNI['17KE AI'POIN"I'1\71;N'I'S APPOINTMENT OF BECKY MILLER TO TIIE EXTENSION LEADERSHIP COUNCIL AS MEMBER -AT -LARGE - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board appointed II Becky Miller to the Extension Leadership Council as Member -At -Large, said term to expire February 13, 2010. The above motion \vas approved by the following recorded \ ote: Richard C. Shickle Ave Gene E. Fisher Aye Charles S. DeHaven; Jr. Aye Gary W. Dove Ave Bill M. Ewing Ave Philip A. Lemieux Aye Gary A. Lofton Aye .APPOINTMENT OF TRACY DRLT1Mf ;I,I.ER AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD APPROVED Upon a motion by Supervisor DcHavcn, seconded by Supervisor Dove; the Board appointed Tracy Drumheller to serve as Frederick County representative to the Handley Regional ++ Library Board. `this is a four year appointment, said term to expire November 30, 2012. 1 The above motion was approved by the following recorded vote: D7inute Book Number 34 Board or Su penis ors Regular hrecting of 10/22/08 102 H Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DcHaven, Jr. Aye Gary `A/. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gar), A. Loflon Aye CORRESPONDENCE FROM FREDERICK COUNTY SCHOOLS RE: BOND ISSUANCE, INTEREST RATE ADJUSTMENT — TOOK NO AEON ON THE 1112O110SED RESOLUTION (RESOLUTION 9025-08)DIRECTED STAFF TO PROVIDE GUIDANCE TO VPSA STAFF REGARDING A 5.25% INI TIEREST RATE Administrator Riley advised this was a resolution requesting an increase in the VPSA Bond maximum allowable interest rate; however, it was staff's recommendation not to move forward with approving this resolution, but to provide guidance to the \1PSA staff about a level . we can participate in, that being 5.25%. lie noted if the rate exceeds the current rate of G% we ` n211 not be in the fall bond sale, but there will be %winter sale prior to January 2009 in which we ', could participate. School Finance Director Lisa Fn,e stated the School Board was in concurrence with staffs recommendation and she believed there was enough cash flow to get them through the end of the year. Upon a motion by Supervisor h ing, seconded by Supervisor DcHaven, the Board approved following the County Administrator's recommendation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W, Dove Aye Bill M. Eving Ave Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM PARKS AND REC'2EATIQN DEPARTA7ENT FOR C;lItE2Y FORWARD OF FUNDS RE: NATIONAL. GUARD ASSEMBLY ROOT[ - APPROVED Administrator Riley advised this was a carry fonvard request from the Parks and Recreation Department in the amount of $35,000 for the necessary electrical and mechanical air conditioning infrastructure for the National Guard Assembly Room from the Fiscal Year 2008 operating budget. The original appropriation was approved at the March 26, 2008 Board of Supervisors' meeting. The electrical and mechanical infrastructure will allow an air conditioning bfinute Buok Number 34 Board of Supervisors Regular Meeting of 10/22/08 11103 unit to be installed in the future when gymnasiam demand necessitates improving the Assembly I Room for community recreational use. No additional local funds are needed. Upon a motion by Supervisor ) x ing, seconded by Vice -Chairman Fisher, the Board approved the carry forward request. The above motion was approved by the following recorded vote. Richard C. Shicicle Aye Gene E. Fisher Aye Charles S. Del laven, Jr. Aye Gary \V. Dove Aye Bill M. Ewing Aye Philip A. Lemleu:x Aye Gary A. Lofton Ayc PLANNING CON'INnSSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL USE PERMIT HI1-08 FOR DIANA AND ANDRENN' HIRS11 ELD, FOR _-', CAMPGROUND. THESE PROPERTIES AID!+' LOCATED OFF OF ROUTE 602 ON PADDY'S RL»I ROAD. AND ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 80-1-9 AND 80- 1 10 IN THE BACK CREEK MAGISTERIAL DISTRICT (POSTPONED) — POSTPONED AT TIIE APPLICANT'S REQUEST This item was postponed at the applicant's request. PUBLIC HEARING - REZONING 906-08 OF ROUTE 50 ASSISTED LIVING FACILITY SIMMTTED BY BOWNI LkN CONSULTING. TO REZONE 10.47 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT, WITH PROFFERS. THE PROPERTIES ARE LOCATED A r THE INTERSECTION OF WARD AVF,NIJE AND ROUTE 50 TO TIIE EAST AND ROUND HILL ROAD AND ROUTE 50 TO THE WEST AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53-A-81 53 A-82, 53B-3-24 .4jyD 5313-3-25 IN THE BACK CREEK MAGISTERIAL DISTRICT. - APPROVED I Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. 'I he property is located in the Sewer and Water Service Area, the Urban Development Area, and is part of the Round Hill Land Use Plan. The proposed use is a 75,000 square foot Assisted Living, Facility Use. The Planning Commission recommended denial of this rezoning request at its October 1, 2008 meeting. Deputy Director Ruddy stated the Planning Commission did not believe the applicant went far enough to mitigate traffic. He noted a new proffer statement dated October 20, 2008 tvas before the Board this evening and was the proffer statement under consideration with this rezoning. The October 20th proffer increased the monetary contribution to fire and rescue from an initial payment of $25,000 it4inute Book Number 34 Board of Supervisors Regular N7ecting of 1022/08 1041 0 0 and annual payments of S5,000 until fee for scn.ice is implemented to an initial payment of S100,000 and annual payments of' S5.000 until fee for service is implemented. Ty Lawson, representing the applicant, appeared before the Board regarding this application. He reiterated staffs review of the October 20, 2008 proffer statement, Chairman Shicl:le convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon it motion by Supervisor Lofton, seconded by Supervisor Dovc, the Board approved rezoning 1106-08 — Route 50 Assisted Living Facility. '11te above motion was approved by the following recorded vote: Richard C. Sluchle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gar)' W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gan, A. Lofton Aye PUBLIC HEARING REZONING 9-08-08 OF BOTANICAL SQUARE, SUBMITTED BY PAINTER-LEWIS. PLC, TO REZONE 4.15 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2(GENMRAL BUSINESS) DISTRICT. WITH PROFFERS. FOR COMNIERCl_AL USE. THE PROPERTIES ARE LOCATED ON ROUTE 50 WEST AT THE NORTMYVEST CORNER OF THE ROUTE 50 AND BOTANICAL DRIVE INTERSECTION APPROXIMATELY 'A MILE WEs'r OF ROUTE 37. AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 53-A-74 53-A-75. 53-A-76, AND 53-A-77 IN TIM GAINESBORO MAGISTERIAL DISTRICT. - APPROYED Deputy Pluming Director Michael Ruddy appeared before the Board regarding this item. He advised this was a proposal to rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District with proffers. The property is located on the north side of Route 50 in the Gainesboro Magisterial District. The applicant is proposing a 56,000 square foot commercial use. The Pla-rating Commission recommended approval. Deputy Director Ruddy noted the only access to the site would be from Botanical Drive and there would be no new entrance on to Route 50. The applicant proffered to provide either signalization or a S150.000 contribution for transportation improvements in the general area. eared before the Board on behalf of the applicant to John Lewis, Painter -Lewis; app IIanswer any questions the Board might have. Chairman Shicl:le convened the public hearing. I` Minute Book Number 34 j' Board of Supervisors Regular Meeting of 10/22/08 I) .I I. �1105 There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by vice -Chairman Fisher, the Board approved rezoning 1/08-08 — Botanical Square. The above motion was approved by the following recorded vote: Richard C. Shicklc Aye Gene E. Fisher Aye Charles S. Dellaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Ave Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC 14EATZING - SENSENY ROAD ENHANCEMENT GRANT APPLICATION. RESOLUTION 026-08'l STAFF IS SEEKING A RECOMIN ENDATION FROM TIPL IE BOARD OF SUPERVISORS TO APY FOR VIRGINL4 DEPARTMENT OF TRANSPORTATION (Vl)OT) ENHANCEMENT GRANT FUNDS FOR BICYCLE AND PEDESTRIAN PA -CHs ALONG SENSFNTY ROAD ITN THE `.'ICII`IITY OF SENS BOND ELEMENTARY SCHOOL. APPROVED Deputy Director of Planning — Transportation John Bishop appeared before the Board regarding this item. He advised this 4yas the third Enhancement Grant application for the bike and pedestrian trail along the Seriseny Road corridor. The Transportation Committee recommended approval of this application. Chairman Shickle convened the public hearing. Yhere were no citizen comments. Chairman Shickle closed the public hearing. RESOLUTION VDOT FNHANCEI4IENT GRANT WHEREAS, the Virginia Department of Transportation awards Enhancement Grants, which are Federal funds that are awarded by the Commonwealth Transportation Board on an annual basis for improvements to bicycle and pedestrian transportation. This is a grant with a local match component of 20% of the awarded amount, The application process, however, does not obligate Frederick County funds. The Board of Supervisors would determine whether to commit funds at such time the Enhancement Grant may be awarded; and WHEREAS, the Transportation Committee considered this proposal at their September 29, 2008 meeting and unanimously endorsed the grant application effort; and "AIREREAS, the Planning Commission considered this proposal at their October 15, 2008 meeting and unanimously endorsed the grant application effort, and NNTIEREAS, the Board of Supervisors of Frederick County, Virginia, desires that the Planning and Development Department submit an application for enhancements to bicycle and pedestrian transportation in the vicinity of Senseny Itoad Llementary School. Minute tloot: Number 34 Board otSupcnisurs Regular Mecting or lOR2/08 0 11 NO-W, TIIEREFORE, 13E IT RESOLVED, that the Board of Supervisors of Frederick County, Virg'viia, hereby supports the application for enhancements to bicycle and pedestrian truLsporiation in the vicinity of Senseny Road Elementary School. Upon a inotinn by Supervisor Lemieux, seconded by Supervisor Del-laven, the Board approved the Enhancement Grant application The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Ave Charles S. Del laven, Jr. Aye Gary W. Dove Aye Bill I\C Ewing Ayc Philip A. Lemieux Aye Gary A. Lofton Ave OTHER PLANNING ITEMS DISCUSSION — OUTDOOR LIGHTING AMGNDINTENTS TO TILL' FREDERICK COUNTY CODE CHAPTER 165 ZONING — (RESOLUTIOit' 0027-08) - SENT BACK TO THE PLANNING COMMISSION Senior Planner Candice Perkins appeared before the Board regarding this item. She advised this was a proposed amendment to the Zoning Ordinance to add outdoor lighting standards. The elements would apply to both residential and non-residential uses. The Planning Commission discussed this item and was supportive of the amendment. She concluded by saying staff was seeking Board comments and direction. Supervisor Dove asked if any lighting engineers worked with the committee. Senior Planner Perkins responded no, the commince looked at ordinances from other localities. Supervisor Lofton stated he had spoken with law enforcement and citizens and there remained a few questions, comments, and discussions that did not take place at the Planning Commission. He would like to see this item sent back to the Planting Commission for more discussion. Vice -Chairman Fisher stated be would like to see some professional recommendations on lighting levels and he would like to see those recommendations substantiated by the development community. Supervisor DeHaven stated lie was concerned about item 92 on page 3 particularly canopies and completely flush lighting. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning — to add outdoor lighting standards. Minute Book Number 34 Hoard of supervisors Regular Mecting of 10l22/08 107 . � ulatiuns Subcommittee (DRRS) WHEREAS, the Development Review Rc.6 recommended approval of this amendment on August 28, 2008; and WHEREAS, the Planning Commission discussed the draft ordinance on October 15, 2008. and recommended that a public hearing be held; oard of Supervisors finds that in the public ��'FIEIZE:IS, the Frederick County B necessity, convenience, general welfare, and good zoning practice, directs the Frederick County I planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, - to i I add outdoor lighting standards. i NOW, THEREFORE, BE IT RESOLVED, by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to consider revisions to Chapter 165, Zoning, to add outdoor lighting standards. I Upon a motion by Supervisor Lofton, seconded by Supervisor DcHaven, the Board sent the outdoor lighting ordinance back to the Planning Commission for more discussion dealing with sources of lighting, lighting levels, lighting along highways, and for professional review of the ordinance. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DcHaven, Jr. Aye Gary W. Dove aye Bill M. Fving Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD LIAISON REPORTS Vice -Chairman Fisher referred the Board to a memo from Uwe \Wendel, Lnginecr- I Director of the Frederick County Sanitation Authority: regarding residential growth and its affect on water capacity. ']here was some discussion surrounding the approved, planned, and potential residential II lots located within the UDA, Planning Director Eric Lawrence advised those numbers were based on a 20 year projection. The Board fell there would be value in a work session with the Sanitation authority in order to facilitate dialogue concerning long range planning. Chairman Shickle noted `6Ta3Ten County and the Town of Front Royal were rationing water and he asked if the Sanitation Authority had though about rationing water in light of what these localities were doing. Vice -Chairman Fisher stated there. had currently been no discussions regarding water i Mt,note Book Number 34 Board of Supervisors Regular Rtecting of 10/22/08 i 108 i I 0 rationing. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMTV11 kS Supervisor Lemieux cited a letter to the Editor regarding the Sovereign Village I-IOA and several issues surrounding that development. He stated he would like staff to provide an update to the Board regarding what is required to be done \Nrithin that development. Administrator Riley advised staff would have that presentation at its next meeting. ADJOURN UPI! l2VE ISOR EWING, SECONDED BY SUPRVISOR UPON A >t10"LION BY S DON'T:, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURINTD. (5:09 Richard C. Shicluc Chairman, Board of Supervisors Jr .koin k2. Riley, Jr. -Clerk, Board of Supen•isors Minutes Prepared By: Jay E T i b I s Deputy C erk, Board of Supenisors i I )\4inule Bnok Number 34 Board of Supervisors Reg tar rq,eting of 10/22/08 d CJ do: oN N ;z _J ; e !m m 8> z•�sa � 3 m • 090008610 1J n 'J 4J THIS BOUNDARY LINE ADJUSTMENT AND QUITCLAIM DEED 1s tPaV dated this 5`" day of May, 2009, by and between LEF"I'A WINCHESTER, LLC, a Virginia limited liability company, party of the first part (indexed as Grantor), and WINCHESTER PARTNERS, LLC, a Virginia limited liability company, party of the second part (indexed as Grantor), and WINCHESTER MEDICAL CENTER (formerly known as Winchester Medical Center, Inc.), a Virginia non -stock, not for profit corporation, party of the third part (indexed as Grantee). RECITALS: WHEREAS, LEFTA Winchester, LLC, is the owner of a certain tract of land containing 3.9481 acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and being the same land conveyed to LEFTA Winchester, LLC by Deed dated August 11, 2004, recorded August 17, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0016417; and, WHEREAS, by Lease dated March 1, 2005, LEFTA Winchester, LLC entered into a Lease for the aforesaid 3.9481 acres, together with access casement as evidenced by the Memorandum of Lease dated March 31, 2005, recorded April 1, 2005, of record in the aforesaid Clerk's Office as Instrument No. 05-0006749; and, WHEREAS, a portion of the lands owned by LEFTA Winchester, LLC, and in which Winchester Partners, LLC has a leasehold interest, lies within the private variable width access easements known as Marriott Drive and Conference Center Drive; and, WHEREAS, Winchester Medical Center is the owner of the land lying contiguous to the west of the aforesaid property of LEFTA Winchester, LLC and Winchester Partners, LLC, being a portion of the same land conveyed to Winchester Medical Center, Inc. (now known as Winchester Medical Center) by Instrument No. 00-0012098 and previously subdivided as shown by Deed of Dedication of Public Roads, etc., dated March 11, 2008 of record in the aforesaid Clerk's Office as Instrument No. 08-000646 1; and, WHEREAS, LEFTA Winchester, LLC and Winchester Partners, LLC, have agreed to adjust their common boundary line with Winchester Medical Center so that the variable width private access easements, Marriott Drive and Conference Center Drive, are wholly within the lands of Winchester Medical Center and Winchester Medical Center will hereafter restate the 12781(B) VHS \ AABOUNDARY LINE ADJUSTMEN"r doc 0 ;i� • � o N �D co dedication of Marriott Drive and Conference Center Drive as variable width private access easements. WITNESSETII: NOW, THEREFORE, in consideration of the benefits to accrue thereby, the Grantors, LEFTA Winchester, LLC and Winchester Partners, LLC, as their interest may appear, do hereby convey, grant and quitclaim unto Winchester Medical Center, all of their, right, title and interest in and to that portion of the land lying within the bounds of Marriott Drive and Conference Center Drive as shown on the plat of survey drawn by Corey M. Haynes, L.S., dated May 7, 2009, revised May 11, 2009, attached hereto and by this reference made a part hereof as if set out in full; and being a portion of the same land conveyed to LEFTA Winchester, LLC by Special Warranty Deed dated August 11, 2004, recorded August 17, 2004, from Winchester Medical Center, Inc., of record in the aforesaid Clerk's Office as Instrument No. 04-0016417 and which LEFTA Winchester, LLC subsequently leased to Winchester Partners, LLC by the Lease dated March 1, 2005 with a Memorandum of Lease dated March 31, 2005, recorded April 1, 2005, of record in the aforesaid Clerk's Office as Instrument No. 05-0006749. (This space is intentionally left blank) 7 12781(B) VHS \ A:\BOUNDARY LINE ADJUSTMENT.doc • r. WITNESS the following signatures and seals: p N LEFTA WINCHESTER, LLC � a Virginia limited liability company By: LEFTA ASSOCIATES, a District of Columbia Limited Partnership, its sole member By: LEFTA ASSOCIATES, INC., a District of Columbia corporation, its General Partner By: ulu I-1. Auger, Presid DISTRICT OF COLUMBIA, to -wit: The foregoing instrument was acknowledged before me this Sbo - day of _ 1 2009, by Lulu H. Auger, President of LEFTA Associates, Inc. General Partner of LEEAA ASSOCIATES, sole member of LEFTA Winchester, LLC. Patricia Anne Greigg My commission expiresNotarY Public. Disirir.i of Columbia i My Commission Expires 7/31/2011 Registration No. Notary Pubuc 12781(B) VHS \ AABOUNDARY LINE ADJUSTMENT.doc c:::) WFI'NESS the following signatures and seats: C-3 C=) Wr 1-1 ARTNERS, C, CIIF I= a nia limi lia ye p y (SEAL) By: AM 7, Name: _qrej'o—r3X. Auger Title: *I[anaging Member By: �wi:� '� - _(SEAL) Name: �nsta�ndi�_ �conomidcs Title: Managing Member DISTRICT OF COLUMBIA, to -wit: The foregoing instrument was acknowledged before me this day of 2009, by Constandina Auger Economides, Managing M Winchester Partners, LLC. Patricia Anne Greigg My commission expires Notary Public, District.of Columbia M Mission Expires 7/31/2011 Registration No. It _44 Notary Public DISTRICT OF COLUMBIA, to -wit: The foregoing instrument was acknowledged before me this day of 2009, by Gregory U. Auger, a managing member of T.T4 t" nc es,vr Partners, LLC. I Patricia Anne ure,99 Notary Public, District 01 Columbia My Commission Expires 7/31/2011 Notary Publi'a'' My commission expires: Registration Number: 4 12781 (B) VHS\ AABOUNDARY LINE ADJUSTMENT.doc u E WITNESS the following signatures and seals: 0 0 WINCHESTERMEDICAL CENTER By: 0, 44OA M. TODD WA , Sr. Vice President COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this Cam' day of 2009, by M. Todd Way, Sr. Vice President of Winc1hesterr1 Medical Center. My commission expires Q_ Registration No. /�) v l U 3 U 3 Notary Public 7340M M r LOM " /wft C,qam 4 M71M� C�wMM+�= = iR lf12 1278I(B) VHS \ AA\BOUNDARY LINE ADIUSTMENT.doc �T j FR EO E,T/CK COUNT r SITE natm{od .•77�� Ul r.r.fy� Piles tlf`d. x 50 knhw t Str"t RL W/N CN ES TER b G-) [] N APPROVED BY FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE�S�UL `7 CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD C1 1372.40' 19'00'00" 455.11' 229.66' S39'03'58"W 453.02' C2 50.00' 87'28'25" 76.34' 47.84' N20'51'12'E 69.13' C3 7.50' 61'25'41" 8.04' 4.46' N07'49'50"E 7.66' C4 1000.00' 8'32'51" 149.18' 74.73' N71'26'29"W 149.04' C5 581.00' 7'29'43" 76.00' 38.06, S10'32'14"W 75.95' C6 40.00' 42'34'59" 29.73' 15.59' N28'04'52"E 29.05' C7 558.00' 4'06'37" 40.03' 20.02' N16'20'24"E 40.02' C8 40.00' 90'00'00" 62.83' 40.00' N63'23'42"E 56.57' C9 40.00' 90'00'00" 62.83' 40.00' N26'36'19"W 56.57' C10 40.00' 90'00100" 62.83' 40.00' S63'23'42"W 56.57' C11 0.00' 91'O6'55" 79.51' 50.98' S25'54'51"E 71.40' C12 642.00' 5'21 `I1 60.04' 30.04' S16'57'51 "W 50.02' C13 1 320.00' 15'42'53" 87.77' 44.16' N30'41'14"E 87.49' NOTES: 1. FREDERICK COUNTY PINS: 53-A-68 & 53-A-68A. 2. PROPERTY INFORMATION AND BASIS OF MERIDIAN SHOWN HEREIN IS BASED ON THE PLAT SHOWING DEDICATION OF EASEMENTS AND RIGHT OF WAY RECORDED AS INSTRUMENT #080006461, THE FINAL PLAT FOR LOTS 1 AND 2 WMC DIVISION RECORDED AS INSTRUMENT #080006462 AND THE PLAT SHOWING DEDICATION OF EASEMENTS AND OUTLOT A RECORDED AS INSTRUMENT #080010292; ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. SURVEYOR'S CERTIFICATION: I, CORY M. HAYNES. A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES SUBJECT TO THIS BOUNDARY LINE ADJUSTMENT ARE IN THE FOLLOWING NAMES: 53-A-68 WINCHESTER MEDICAL CENTER, INC. INSTRUMENT #000012098 AND 53-A-68A LEFTA WINCHESTER, LLC INSTRUMENT #040016417 ALL RECORDED AMONG TI-IE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. o��.� p,1,T H ir O U CORY M. HAYNES No. 2539 LINE TABLE BEARING LENGTH S88'01'52"W 39.62' N68'57'38"W 92.06' FIN N?_?'49'48"E 92.76' N22'49'48"E 16.62' N14'17'05" 488.73' S14'17'05"W 823.32' NOO'34'13"W 20.80' N75'4 '55"W 113.61' N67'10'08"W 51.80' ILI N18'23'42"E 31.05' S71'36'18"E 3.00' N18'23'42"E 68.00, N71'36'18"W 3.00' Li N18'23'42"E 15.00, L15 N71'36'18"W 84.00' L16 S18"23'42"W 9.00, L17 N71 "28'19"W 11.32' L18 S32'47'25"W 82.54' L19 N71'28'19"W 22.12' L20 S89'25'47"W 75.90' L21 N67-10'08"W 22.68' L22 N00'34'13"W 59.41' L23 S89'25'47"W 96.72' L24 NOD-34.13"W 1 32.87' BOUNDARY LINE ADJUSTMENT WINCHESTER MEDICAL CEN"PP INC. AND LEFTA WINCHESTER, LLC GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MAY 7, 2009 REVISED: MAY 11, 2009 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Win R-, _ Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 4 +A 2009 OWNER'S CONSENT (AS TO PIN 53—A-68): THE BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. A ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WIT1-i T1-IE DI THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. SIGNATURE (DATE M. Todd Way, Senior i e President of Winchester Medical Center_ PRINTED NAME & TITLE PUBUC Virginia CITY C�' OF M. ToddCiv. Seni-or Vj.c,-e j3residpnt. of Winchester MY COMMIE (NOTARY PUBLIC) OWNER'S CONSENT 0 / BY ( ATE) Medical Center. � / ON EXPIRES `�(�"l�' 30�'20( (DATE) 1ACT0IIIA P. lAftO Naterr PlnMfo cNoft Aw Im of M omw 340393 or Caw11111106ion Emirta it/. 2012 (AS TO PIN 53—A-68A): THE BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF LEFTA WINCHESTER, LLC AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. By LEFTA Associates, its sole member; by LEFTA Associates, Inc., its General Pa 7/7 to i SIGNA RE (DATE) Lulu H. Auger, President of LEFTA Associates, Inc. PRINTED NAME & TITLE Lul _ Auger, President of LEFTA Associates JAY CI (NOT PUBLIC) DAVID GMELFRICH Notary Public. District of Columbia My Commission Expires 7-31-2012 pti'r H o� CORY M. RAYNE,S No. 2539 L SIII/O t �l7�oq (DATE) 7/--< / /z.o/ 2- BOUNDARY LINE ADJUSTMENT WINCHESTER MEDICAL CENTER, INC. AND LEFTA WINCHESTER, LLC GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MAY 7, 2009 REVISED: MAY 11, 2009 p t t o n Harris Rust & Associates gineers. Surveyors. Planners. Landscape Architects PHI2:A 117 East Piccadilly Winchester, Virginia T 540.667.2139 F 540.665.0493 • • o c� 0 OWNER'S CONSENT X7-- THE BOUNDARY LINE ADJUSTMENT OF THE PROPERTY OF WINCHESTER PARTNERS, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITI-I THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. WIN Z PARTNERS, LLC, a irginia li ted liab' ty co ny By: (SEAL) Name: gor U. Auger Title: anaging Me er By: (SEAL) Name: Con�andina Auger Economides Title: Managing Member DISTRICT OF COLUMBIA, to -wit: The foregoing instrument was acknowledged before me this 2ty- day of 2009, by Gregory U. Auger and Constandina Auger Economides, Managing Diet hers of Winchester Partners, LLC. Notary Pubic, District of Columbia My commission expires My Commission Expires OCT 1 1110.09 Registration No. Notary Public L. LYN►N LEE Notary Public, District of Columbia My Commission Expires OCT. 31, 2009 O Sheet 2-A N /F 53-A-1 FRUIT HILL ORCHARD, INC. ZONED: RA DID 296, PG 302 USE AG. O S74-14'52"E 1068.95' W r O ADDITIONAL ADJOINERS: ztCJI 53-A-73 S11'39'26"W N_ N/F PAGE F. & U 115.66' + ELVA HUFFMAN DO 65, PG 509 Z ( S76'11"14"E ZONED: RA 101.71 N USE: RESIDENTIAL � Cl) oI y rn �� 53-A-74 r) = a N/F a �C CAROLYN R. TURNER o DO 938. PC 150 rj Z ZONED: RA n I N O USE: RESIDENTIAL = o N mS 53-A-75 N/F cJl NANCY RENNER JOHNSON DO 819. PG 552 N Z Z ZONED: RA �� p USE: VACANT 53- A- 76 L J o APPROXIMATE LOCATION 2 ROBERT 8. & �cyh ^a (7g +! CITY OF WINCHESTER � NANCY R. JOHNSON 7 R 20' PERMANENT DB 586. PG 878 �.�� 0 C9 (1 iI DO T859EPGT87 / 3 ZONED: RA N USE: RESIDENTIAL r� ^ 19 C17 C6 ice/ 0 n a w DETAIL o p SCALE: 1"=200' / Q=a t S68,56.50"E a o m 0 54s.39 p s Q of o 3 tO� , a tiQ N� NEW zCOPIN 53—A-6892.6162 AC / Z\Q� p (COMPUTED, NOT SURVEYED) / V Z ZONED: B2MS '\--SEE DETAIL 1 LTH O 53-A-All (THIS SHEET) 0���� p _ ZONED: RA1 I f i SEE SHEET 4 G' ZONED: D2 USE: VACANT 53 w hFP v CORY M. HAYNES -A- a Q No. 2539 L 3 L> L5 _ CA cn 81 tr QZ� A N7Wn Z 53 A3 \ BOUNDARY LINE ADJUSTMENT ��= 7 " 68B sac --�WiNCHESTER MEDICAL CENTER, INC. AND 7 Z m � — Rpv�EN p\K� LEFTA 1NINCHESTER2 LLC / NpR <wwcJ�ARES� GAIFREDERICCKMAGISTERIAL DISTRICT COUNTY. VIRGINIA SCALE: 1"=400' DATE: MAY 7, 2009 REVISED: MAY 11. 2009 Patton Harris Rust & Associates C-5 GRAPHIC SCALE Engineers. Surveyors. Planners. Landscape Architects. a 400 O 200 400 -� PH 117 East Piccadilly Street Winchester, Virginia 22601 ( IN FEET ) RA T 540.667.2139 1 inch = 400 ft. F 540.665.0493 SHEET 3 OF 4 c1Ov PHR+A 2009 G ' h G RGN� o N .) T -)3 H40 � k � p a+ �OG� NEW PIN 53—A-68 92.6162 AC �9 A �—� t3`� v CZD rn (COMPUTED, NOT SURVEYED) �-1- ZONED: B2MS _ USE: VACANT off\ `C $ REMAINDER �' \ \�\ \ PIN 53—A-68A 3.6919 AC \ ZONED: B2 o'YO�A USE: HOTEL F s� +C13 oM' yG'1t" ;6 C'y�5��� C3 T r2270, 0 53—A-68C LOT 2 WMC DIVISION INST #080006462 ZONED: B2 USE: VACANT Z� Q N/F WINCHESTER MEDICAL CENTER C:$ J INST #000012098 y� 53—A-68B J , \ LOT 1 / \ WMC DIVISION \ <90 INST #080006462 \ � ZONED: 82 USE: VACANT iti'L/C \ N/F WINCHESTER N,,rH O \ \ SS> -9 MEDICAL CENTER �4* �' , � INST #000012098 CORY M. HAYNES No. 2539 8 os BOUNDARY LINE ADJUSTMENT AREA TABULATION: WINCHESTER MEDICAL CENTER, INC. 53—A-68 92.5098 AC AREA OF ADJUSTMENT +0.1064 AC \ c6' AND (NEW) 53—A-68 92.6162 AC LEFTA WINCHESTER, LLC 53—A-68A 3.7983 AC % GAINESSORO MAGISTERIAL DISTRICT AREA OF ADJUSTMENT—0.1064 AC FREDERICK COUNTY, VIRGINIA SCALE: 1"-100' DATE: MAY 7, 2009 (REMAINDER) 53—A-68A 3.6919 AC REVISED: MAY 11. 2009 Patton H arris Rust 8, Associates GRAPHIC SCALE / Engineers. Surveyors. Planners. Landscape Architects. q 100 U 50 ioo 117 East Piccadilly Street Winchester, Virginia 22601 0. T 540.667.2139IN FEET ) PRP*+-- 1 inch = 100 ft. F 540.665.0493 N SHEET 4 OF 4 0 w 0 VIRGINIA: FREDERICK COI--'N-ry.S( 1 T Instrument of writinn was produced to me oil �C-cf�rlif'ic!,ftc wad wackno%%l�decment thrsreto annexed �'_aa�a/dymiittted to record. -F- impcscd by Sec. to 1-8o2 of n , and 58.1-801 have been iz paid, if assessable. , Clerk s _a C N R o N x 7 `A I. y .E d au?ce U o .•- 6 ft ` a > Q c '. to 04 v, IU C Y � Q � d aa� m e `eq u m E. > U u `ad 6'oL aai Z ev c amr�_3 1001184500 �� CD 0 THIS DEED IN ORGANIZATION OF LIMITED LIABILITY COMPANY, is made and dated this 23rd day of November, 2016, by and between WINCHESTER MEDICAL CENTER a Virginia non -stock, non-profit corporation operating as a hospital. party of the first part, hereinafter called the Grantor (indexed as Grantor), and BOTANICAL. kSC REAL ESTATE LLC a Virginia limited liability company, party of the second part, hereinafter called the Grantee (indexed as Grantee). RECITALS WHEREAS, Winchester Medical Center is the sole member, at the time of this conveyance, of Botanical ASC Real Estate, LLC, a Virginia limited liability company and in the organization of the limited liability company ,the Grantor desires to convey the hereinafter described property to the limited liability company WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of Title, unto (lie Grantee, in fee simple absolute, all of the following described tract or parcel of land together with all rights, right of ways, privileges, improvement thereon and appurtenances thereto belonging, to wit:: All that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, along the east side of Botanical Boulevard, containing 3.000 acres together with the non- exclusive access easements hereafter mentioned and more particularly Page I of 3 F:2016 Files/20I6 RE113545 WMC-Botanical ASCA)eed to Botanical ASC Real Estate LLC —n • • C c: 0 .I -- described on the plat of survey drawn by Jeffrey S. Simmons, L.S., dated May 26, 2016, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No 160011273 and by this reference made a part hereof as if set out in full; (the " Property")AND BEING a portion of the same property conveyed to Winchester Medical Center( then known as Winchester Medical Center, Inc.) by Deed dated November 17, 2000, from the Trust Company of Virginia, Inc., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 000012098. Parent Tax No. 53-A-68 The conveyance herein includes all appurtenances and right of ways benefitting the Property including the non-exclusive access casement known as Marriott Drive and the non-exclusive access easement known as Conference Center Drive as shown on the "PLAT SHOWING DEDICATION OF EASEMENTS AND RIGHT OF WAY" drawn by Kirk W. Norton, Land Surveyor dated March 20, , attached to the Deed of Dedication of PUBLIC ROAD,ETC dated March 11, 2008 of record in the aforesaid Clerk's Office as Instrument No. 080006461. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or Bylaws reserves the power otherwise. Page 2 of 3 F2016 Filcs/2016 RF/13545 WMC-Botanical ASGDeed to Botanical ASC Real Estate LLC WITNESS the following signature and seal. WINCIIESTER MEDICAL CENTER By:Ale — Peter F. Gallagher, Senior Vice President & O COMMONA TH IRIA, p CITY/ UNTYF 'f Gtt Y/i�� E , to -wit: L' t UD^� 7 ,Ad , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Peter F. Gallagher, who is Senior Vice President & CFO of Winchester Medical Center, whose name is signed to the foregoing Deed, dated the 2:� day of -A&', ,� eA , 2016, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this � day of My commission expires // // - 3 U C� M Identification No.: � 3qD --�56 VICTORIA P. IORD 7� NOTARY PUBVC INARLYP—UBLIC Commonwealth of VirglnlaMy CommissloneExpl�s Sept.30, 2020 Page 3 of 3 F:2016 Filesl2016 RE/13545 W-NiC-Botanical ASC/Deed to Botanical ASC Real Estate LLC VIRGINIA: FREDERICK COUNTY, SCt. This instrument of writing was produced to me on 11 3 A0 l b at tff .md with certificate of acknowledgement thereto annexed was admitted to rccord. Tax imposed by Sea 58.1-802 of S and 58.1-801 have been paid, if assessable Clerk DUPLICATE RECEIPT DEED RECEIPT DATE: 11/09/16 TIME: 08:25:11 ACCOUNT: 069CLR160011273 RECEIPT: 16000022055 CASHIER: RPH : WE1- TYPE: PM PAYMENT: FULL PAYMENT INSTRUMENT 160011273 BOOK: PAGE: RECORDED: 11/09/16 AT 08:25 GRANTOR: WINO STE-R-MEDT" CENTER EX: N LOC: CO GRANTEE: WINCHESTER MEDICAL CENTER EX: N PCT: 100% AND ADDRESS : , RECEIVED OF : BEN BUTLER CHECK: $21.00 DESCRIPTION 1: GA DIST 00-12098) PAGES: 000 OP: 0 2 : NAMES: 0 CONSIDERATION: .00 A/VAL: .00 MAP: 53-A-68 301 DEEDS 14.50 145 VSLF PIN: 1.50 106 TECHNOLOGY TRST FND 5.00 TOTAL TENDERED TOTAL AMOUNT PAID: CHANGE AMT : ISSUED BY: RPH PAYOR'S COPY 21.00 21.00 .00 160oi t4� FINAL PLAT SUBDIVISION OF 3.000 ACRES OF LAND PRESENTLY IN THE NAME OF WINCHESTER MEDICAL CENTER GAINSBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA CHAMBERS- VILLE LANE �G V a� S1 TE v VICINITY MAP SCALE 1 " = 2, 000' -0 c-,) O c) 0 OWlVER /DEVELOPER: WINCHES TER MEDICAL CENTER ; I HEREBY CERTIFY THAT THIS SUBDIVISION WAS COMPLETED UNDER MY DIRECT SUPERVISION AND IS BASED ON DATA COMPILED FROM AN ACTUAL FIELD SURVEY, • THAT THIS PLAT MEETS MINIMUM ACCURACY STANDARDS AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL OF THE REQUIREMENTS OF THE PLANNING COMMISSION, BOARD OF SUPERVISORS AND ORDINANCES OF THE COUNTY OF FREDERICK, VIRGINIA, REGARDING THE PLATTING OF SUBDIVISIONS WITHIN THE COUNTY HAVE BEEN COMPLIED WITH. GIVEN UNDER MY HAND THIS 26TH DAY of MAY, 2016, REVISED OCTOBER 3, 2016. VALLEY I ENGINEERING IDEAS MADE REAL 3231 PEOPLES DRIVE HARRISONBURG, VIRGINIA 22801 TELEPHONE (540) 434-6365 OR (800) 343-6365 FAX (540) 432-0685 www.valleyesp.com 10668-1.dwg SHEET 1 OF 3 OTR 4,�Lf �' JEFFFi;Y S. SIMMONS Ur. No.0020468suvcv- FILE No. 10944-5, EXP. No. 7767-2 z SEE SHEET 3 OF 3 FOR ADDITIONAL NOTES, DESCRIPTION OF EA SEMEN TS AND CURVE DATA WINCHESTER MEDICAL CENTER W - 89.510 ACRESf REMAINING PORTION OF r` O INST. No. 000012098 N _ T.M. 53-A-68 M ZONE B2MS cV VACANT LOT S 75'31 '25" E LEGEND 0 518 IRON REBAR SET O POINT 11 11 ii 1 1 1 1 11 1111 1 II 1 1 1 11 20' SETBACK — �i raj nI 339.70' C II 11 � �v-� ! I ! �o W' o z -W o v v 3.000 ACRE, !j i j- TT - z PORTION OF T.M. 53-A-68 ZONE B2MS �- j � r �� c 1 CN z I 1 / 35' SETBACK 2v / WINCHESTER HOTEL DOC�6 — — _N 7531'25" WL 5 —IV 65, 7� G3 �/ PARTNERS III, L.P. ?� 73.61' 3228" `y 10226' GAi ' � \� IN T.M. T. N53 �A o68A45 i 1-' I— A ZONE B2 I --I--- --- ---—�--{��r��C L _ J LOT 1 PRIVATE ACCESS EASEMENT ZONE B2 LOT 2 ZONE B2 INST. No. 080006461 VACANT LOT VACANT LOT (MARRIOTT DRIVE) LINE BEARING DISTANCE L1 S 3844'11 " W 0.40' SCALE 1 " = 50' MAY 26, 2016 REVISED OCTOBER 3, 2076 LOTS 1 AND 2 WMC DIVISION INST. No. 080006462 VALLEY ENGINEERING IDEAS MADE REAL 3231 PEOPLES DRIVE HARRISONBURG, VIRGINIA 22801 TELEPHONE (540) 434-6365 OR (800) 343-6365 FAX (540) 432-0685 www.valleyesp.com 10668-1.dwg B A R S C A L E 50' 25' 0 50' 100' SHEET 2 OF 3 COMMERCIAL LOT WINCHESTER MEDICAL CENTER 89.510 ACRES± REMAINING PORTION OF INST. No. 000012098 T.M. 53—A-68 ZONE B2MS VACANT LOT ,1EFFFs Y S. SfMMDN$ 5 UL No. 002466 FILE No. 10944-5, EXP. No. 7767-2 NOTES 1) DATUM AS SHOWN HEREON IS ACCORDING TO RECORDED INFORMATION AND A .CURRENT FIELD SURVEY. 2) THIS PROPERTY IS PRESENTLY ZONED "B2MS" AND IS A PORTION OF TAX MAP 53—A-68, 3) THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, AND DOES NOT REFLECT ALL ENCUMBRANCES. 4) BEARINGS ARE ROTATED TO WGS 84. 5) THE SURVEYED PREMISES IS LOCATED WITHIN FLOOD ZONE Y (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN) ACCORDING TO THE FLOOD INSURANCE RATE MAP FOR FREDERICK COUNTY, VIRGINIA, COMMUNITY MAP No. 51069CO204D, EFFECTIVE DATE, SEPTEMBER 2, 2009. CURVE DELTA RADIUS ARC CHORD CHORD BEARING C1 15'4253" 280.00' 76.80' 76.56' S 30'52'44" W C2 6125'41 " Z 50' 8. 04' 7. 66' S 6927'01 " W C3 4852'58" 50.00' 42.66' 41.38' S 75 4323" W C4 5936'28" Z 50' 7. 80' Z 46' S 81 '05'08" W C5 131'57" 1030.00' 2Z55' 27.55' N 744527" W C6 6244'02" 45.00' 49.27'1 46.85' N 44'0924" W C7 21 54'16" 280. 00' 1OZ 04' 1 106.39' S 12'04'09" W OPRIVATE STORM DRAIN EASEMENT, INST. No. 080006461 OFCSA WATER & SANITARY SEWER EASEMENT, INST. No. 080006461 OGAS PIPELINE EASEMENT, INSTT, No. 110000149 OWNER'S CONSENT KNOW ALL MEN BY THESE PRESENTS THAT THE SUBDIVISION OF LAND SHOWN ON THIS PLAT AND DESIGNATED AS "FINAL SUBDIVISION PLAT OF 3.000 ACRES STANDING IN THE NAME OF WINCHESTER MEDICAL CENTER," IS SITUATED IN THE COUNTY OF FREDERICK, VIRGINIA, THIS SUBDIVISION OF 3.000 ACRES IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER THEREOF AND BEING THE SAME PROPERTY CONVEYED FROM THE TRUST COMPANY OF VIRGINIA, INC. NOVEMBER 17, 2000 RECORDED IN INSTRUMENT NUMBER 000012098 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FRE ERICK COUNT VIRGINIA. GIVEN UNDER MY HAND THIS DAY of 2016. u rtAr�. rr�rrri I Jrl /CAI �-�1 nl -All 1rr \ NOTARY CERTIFICATE W STATE OF VIRGINIA: CITY OUOFt N T u�rr TO- WI T. THE REGOIN O OWNER'S CONSENT WAS ACKNOWLEDGED BEFORE ME BY (4:22M , Gal l a ako-4 it-s- THIS _ DAY OF MY COMMISSION EXPIRES �b APPROVALS 2016. REGISTRA TION NUMBER VICTORIA P. LORD NOTARY PUBUC CommReg. # 333rginla M Commlislon Ex irot Sa . 30, 2020 NOTARY PUBLIC "THE SUBDIVISION KNOWN AS "FINAL PLAT SUBDIVISION OF 3.000 ACRES OF LAND PRESENTLY IN THE NAME OF WINCHESTER MEDICAL CENTER" IS APPROVED BY THE UNDERSIGNED PURSUANT TO THE FREDERICK COUNTY CODE AND MAY BE ADMITTED TO RECORD. ldZE3 zot DA TE DA TE "�/ a . -/t DA TE FREDERICK COUNTY H&A�Ri, T 5Ri--s-j'A`rT0,, AwO11111Y VIRGINIA DEPARTMENT OF TRANSPORTATION VALLEY I ENGINEERING IDEAS MADE REAL 3231 PEOPLES DRIVE HARRISONBURG, VIRGINIA 22801 TELEPHONE (540) 434-6365 OR (800) 343-6365 FAX (540) 432-0685 www.valleyesp.com 10668-1. dwg CK COUNTY SUBDIVISION ADMINISTRATOR SHEET 3 OF 3 FILE No. 10944-5, EXP. No. 7767-2 -0 CT) O O vtK611NL�,: FR--'DERICK COUNTY.SM. This instrumentofwriting was produced to me on and with certificate acknowledgement thereto annexed was admitted to recard. 'Fai imposed by Sec. 58.1-802 of and 59.6-80i have been paid, if assessable. ?444t , Clerk After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 63 ss-/f ��- �l •CD 080006462 lrusn W 0,e�(&*2 THIS DEED OF DEDICATION OF SUBDIVISION is made and dated this 11 day of March, 2008, by WINCHESTER MEDICAL. CENTER (formerly Winchester Medical Center, Inc.), a Virginia non -stock, not for profit corporation, party of the first part, hereinafter called the Declarant (Grantor for indexing purposes); and CO_ UNTY_OF FREDERICK, VIRGINIA, party of the second part (Grantee for indexing purposes). RECITAL WHEREAS, Winchester Medical Center is the owner of a certain tract of land containing 95.4146 acres, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia (the "Property"), and desires to subdivide the Property into Lot 1 containing 1.5296 acres, Lot 2 containing 1.3752 acres and the remainder containing 92.5098 acres (computed, not surveyed) and shown on the plat of survey drawn by Cory M. Haynes, L.S., dated October 1, 2007, revised March 11, 2008, attached hereto and by this reference made a part hereof as if set out in full. NOW, THEREFORE, THIS DEED OF DEDICATION OF SUBDIVISION WITNESSETH: That for and in consideration of the premises and benefits that will accrue by reason of this subdivision, the Declarant does hereby subdivide that certain tract of land containing 95.4146 acres into Lot I containing 1.5295 acres, and Lot 2 containing I.3752 acres, and the remainder of Tax Parcel 53-A-68 containing 92.5098 acres (computed, not surveyed) as shown on the plat of survey drawn by Cory M. Haynes, L.S., dated October 1, 2007, revised March 11, 2008, attached hereto and by this reference made a part hereof as if set out in full. The subdivision of the within described land has been approved by the County of Frederick, Virginia, as evidenced by the signature of the Frederick County Subdivision Administrator on the plat of subdivision attached hereto. The subdivision of the aforesaid Property as appears on the accompanying plats is with the free consent and in accordance with the desire of the undersigned owner; it is made pursuant to the Virginia Subdivision Act and the Frederick County, Virginia, Subdivision Ordinance. .7, O 0 WITNESS the following signatures and seals: W WINCHESTEAL ENTER By: M. Todd Way, i President COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this ! 2- day of May, 2008, by M. Todd Way, Vice President of Winchester Medical Center. LRe y co��es *stratio NotaryPublic 1 Z?`8/ UAd&l " a �o / /ono /o /V / M./ o r/ u , Botanical Blvd}c / Amherst Str at R, 0 western N / Rt. 50 ike f FE VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR NOTES: 1. FREDERICK COUNTY PIN: 53—A-66, CURRENTLY IN THE NAME OF WINCHESTER MEDICAL CENTER, INC. (INST #000012098). ALSO REFERENCE INST #040016054; ZONED: B2MS. 2. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE REPORT. 3. PROPERTY INFORMATION SHOWN HEREON S BASED ON THE SUBDIVISION PLAT ATTACHED TO THAT CERTAIN DEED OF DEDICATION RECORDED AS INST #040016054 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. IT IS NOT BASED ON A CURRENT FIELD RUN SURVEY, 4. UNLESS OTHERWISE NOTED, LAND AREAS, R/W AND ESMTS ARE AS DEPICTED ON THE PLATS ATTACHED TO DEEDS RECORDED AS INST # DATE OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF WINCHESTER MEDICAL CENTER, INC. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. _3 D SIGNE _ PRINTED NAME do TITLE NOTARY PUBUjj� STATE OF � CITY/ OUN OF a Al �a\ ZooX THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY NCIORIA P. LORD Notary Public C 0 M 1 , *wtmP" (NOTARY PUBLIC) 34Q3e3 ((DA t v CWffd W E9*0 Sep 30. lOOr SURVEYOR'S CERTIFICATION I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGANIA HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY SUBJECT TO THIS SUBDIVISION IS A PORTION OF THE SAME PROPERTY CONVEYED TO WINCHESTER MEDICAL CENTER, INC. BY INSTRUMENT #000012098 AND SUBDIVIDED BY INSTRUMENT #040016054. BOTH RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. H OF G o r�� U CORY IA. HAYNES a Lic. No. 2539 3lt�lo� ail FINAL PLAT LOTS 1 AND 2 WMC DIVISION GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1*-100' DATE: OCT. 1, 2007 REVISED: MAR. 11, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Archi'.ects. 117 East Piccadilly Street Winchester, Virginia 22601 PhRA T 540.667.2139 F 540.665.0493 SHEET I OF 3 C PHR+A 2D07 53—A-1 ADDITIONAL ADJOINERS: 53—A-73 N/F PAGE F. do ELVA HUFFMAN DB 65, PG 509 ZONED: RA USE: RESIDENTIAL 53—A-74 N/F CAROLYN R. TURNER DB 938, PG 150 ZONED: RA USE: RESIDENTIAL 53—A-75 N/F NANCY RENNER JOHNSON DB 819, PG 552 ZONED: RA USE: VACANT 53—A-76 N/F ROBERT B. do NANCY R. JOHNSON DB 586, PG 878 ZONED: RA USE: RESIDENTIAL N/F ZONED: RA FRUf T HILL ORCHARD, INC. USE AG. DB 296, PG 302 S7414'52'E 1068.95' S11'39' 26"W 115.66' z S76'11'14'E 101.71' Q � ! a 1 CD <Zp,6ow V, 1 in _jcv00 JINvQ zo I Q nl 3 Cb cc�� • +W APPROXIMATE LOCATION CITY OF CC U- r I WINCHESTER QQ 20' PERMANEN- c 3 0' WATER ESMT zl DB 859, PG 87 ' N 1r' rN 11 N'� 2 (� DETAIL \ SCALE: 1'--200' S68'S6'50•E �CD ^Co 4,j Q 2 Jco N 2 So N REMAINDER Q m °. PIN 53-A-68 v J W ry 0j 92.5098 AC (COMPUTED, NOT SURVEYED) 201ci a�Q M ZONED: B2MS a 3 , i " � ,-SEE DETAIL A,53—A--A1 — ZONED: RA 52—A—D ZONED: B2 JSE: VACANT /53 Q 3 > w W J � �j to Im 3 �� 03 / v 53 ,j 75 �z 7 53-A- v 5• � LOT 1 1.5296 AC ZONED: 82MS LOT 2 1.3752 AC ZONED: 82MS _497.7o- �I I L4 CO NoR�Nwl s Rov-�E (R %w v ARSE z W Mr*\ 1Z 61AJ O O 000 0 � 3 N h � j 1� AREA TABULATION: / 53—A-68 95.4146 AC 61 r�� P 3 A-68 /5 JNFTP ��c w1NCH 040D 82,E LO�1. 0 O�\- vSE. N LOT 1 1.5296 AC LOT 2 1.3752 AC REMAINDER 53—A-68 92.5098 AC Q,LT H pF G f v CORY V. HAYNES 9 Uc. No. 2539 3(1�)08 O S1,1R� FINAL PLAT P\�E LOTS 1 AND 2 WMC DIVISION GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'=400' DATE: OCT. 1, 2007 REVISED: MAR. 11, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. GRAPHIC SCALE 117 East Piccadilly Street ° 200 400 °D0 Voinchester, Virginia 22601 T 540.667.2139 f IN ter 1 F 54C.665.0493 1 inch - 4D0 SC SHEET 2 OF 3 Z PHR+A 2007 SCE SHCCT 2 z Q z r w rn h �✓�, z sc§j o ^3 o N Of 5 /, i 1# h w r p 2 00 r w /REFERENCE WINCHESTER MEDICAL CENTER II, FINAL MASTER DEVELOPMENT PLAN (MOP CZ) #106-04), APPROVED 6/29/04, WHICH � / O STATES: "ENTRANCE TO RESIDENTIAL USE O / AREAS SHALL BE GRANTED BY f'-j WINCHESTER MEDICAL CENTER AFTER FUTURE REZONING PETITION, TRANSPORTATION IMPACT ANALYSIS I AND PROFFERS FOR THESE AREAS / V4.tj / Ile APPROVED BY VOOT AND FREDERICK COUNTY. a-J, . �,) REMAINDER PIN 53-A-68 92.5098 AC 4,j 3P 8R-L�COMPUTED. NOT SURVEYED) Q� ACC ATE ZONED: 82MS C) / ESS ESMT \ C4 53-A-68A r/ V 50 70' `C♦ l rrj Lo j o, FC r SEW ESA T T 6 62, Z' MTS I r � o V'� I Q I J32 U �, LOT25eR T 12 /m 1.3752 AC ZONED: 1.5295 AC B2MS 4LJ v 82MSSSEW ESMT& FCSA ACCESS ESMT `° L /// C3 v SD ESMTATEC5 __50�BRL50' LANDSCAPE 8 FFERINST #1040016054 6 C2189.80' 145.73' L7 20' PRIVATE SO ESMT 0LAPE BUFFER INST #040016054 U.S. ROUTE 50 NORTHWESTERN PIKE (R/W VARIES) LINE TABLE LINE BEARING LENGTH L1 S88'01'5 "W 39.62' L2 N68'57'38"W 9 .06' L3 S2 '49'48"W 239,63' L4 S13'34'40" 143.41' L5 500-34'13'E 122.09' L6 62-54'24"W 55.90' L7 S69'27'37'W 335.63' L8 S75'4 5"E 101.61' L9 S67'10'08"E 51.80' L10 N18'23'4 "E 31.05' L11 S71'308" 3.00' L12 N18'23'42'E 68.00' L13 N71'30S'W 3.00' L14 N18'23'42'E 15.00' 05 N71'36'18'W 84.00' L16 S18'23'4 "W 9.00' L17 N71'28'19"W 11.32' L18 S3 '47'25"W 82.54' L19 N71'28'19"W 22.1 ' GRAPHIC SCALE MOT ( tx ter ) 1 inch 100 tL / N /F 11 LEFTA 1l WINCHESTER, LLC INST #1040016417 ZONED: B2 USE: HOTS_ r CURVE TABLE DELTA LENGTH NT BEARING CHORD "C255-0 C4 C5 C6 ' .' 1000.00' 581.0 40.00' 19 00'00" 61'00"16" 2'32'16" 8'32'S1" 7' 9'43' 42'34'S9" 455.11'6' 58.56'0' 21.48'4' 149.18'3' 76. 0' 29.73' t32. 38.06' 15.59' S39'03'58'W N18'45'19"W N13'00'57"E N71'26'29"W S10"32I14'W N28'04'52"E 453.02' 55.E3' 21.48' 141 "'1" 75.95' C7 558.00' 4'06'37" 40.03' 20.02' N16'20'24'E 40 - 40.02 C8 40.00 90'00'00" 62.83' 40.00' N63'23'42'E 56.57' C9 40.00 90100'00" 62.83' 40.00' N26'36'19"W 56.57' CIO 40.00' 90-00'00" 62.83' 40.00' S63'23'42"W 56.57' C11 50.00' 91*06*55" 79.51' 50.98' 1 S25'54'51"E 71.40' C12 642,00' 5'21'31" Fm n4' 30.04' S16'S7"51"W 60.02' �,1,T H OF Gf vo CORY Y. BAYNES Uc. No. 2539 31 ~lob j FINAL PLAT LOTS 1 AND 2 WMC DIVISION GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1'-100' DATE: OCT. 1, 2007 REVISED: MAR. 11. 2008 Patton Harris Rust 6 Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street Winchester, Virginia 22601 HP A+F T 540.667.2139 P540.665.0493 SHEET 3 OF 3 Chi PHR+A 2007 l CD W VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. �a , Clerk �a W t005-,0t'P-/7 090001480 1-7 A 411 THIS DEED, made and dated this 17'' day of February, 2009, by and between FRUIT a Virginia corporation, party of the first part, hereinafter called the and WINCHESTER MEDICAL CENTER, a Virginia non -stock corporation for the purpose of owning and/or operating a hospital not for pecuniary profit, party of second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, in hand paid, and other good and valuable consideration, the receipt of which is hereby llows: the Grantor does hereby grant and convey with general warranty and English of title unto the Grantee, in fee simple absolute, all of that certain lot or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, described as All of that certain tract or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 3.8413 acres as shown on the plat of survey drawn by Michael M. Artz, L.S., dated February 6, 2009attached hereto and by this reference made a part hereof as if set out in full; AND BEING a portion of the same land designated Tract 2 in Deed dated December 26, 1963 from Hugh S. Solenberger and Louise T. Solenberger, his wife, to Fruit Hill Orchard, Inc., a Virginia corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 296 at Page 302. 18 WMC \ A:\DEED.doc This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals. FRUIT HILL ORCHARD, INC. By. �./�i!�/f'"G'�' (SEAL) C. ROBERT SOLENBERGER, President COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this ! day of February, 2009, by C. Robert Solenberger, President of Fruit Hill Orchard, Inc. My commission expires / — 3 1 ` v�20 / 0 Registration No. a WA . JARE C OL Q� ' NOTARY Q; PUBLIC :ate ` = REG. #7010794 * MY ComwiiISSION : Q FA M �. �"1111111 0% • BOUNDARY LINE ADJUSTMENT of TWO TRACTS o o Winchester Medical Center D TM #53-A-68 Instrument #000012098 J Fruit Hill Orchard, Inc. TM #53-A-1 Deed Book 296, Page 302 — Tract 2 February 6, 2009 Gainesboro District, Frederick County, Virginia VICINITY SKETCH tcxo� J ' 'M)26()3 Radio Towersr rt Winchester d : Ctr Rost Dale J O a $apt Chr / N cad / k f elk Or odulf TlA1 50 50 %-Y .,., hr . SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby adjusted and consolidated is in the names of Winchester Medical Center and Fruit Hill Orchard, Inc. and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. f n Z-) (I -- Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein adjusted is all of the remaining land acquired by Winchester Medical Center by deed dated November 17, 2000 and recorded in Instrument #000012098 and further shown in Instrument #080006462; and all of the remaining land designated as Tract 2 acquired by Fruit Hill Orchard, Inc. by deed dated December 26, 1963 and recorded in Deed Book 296, Page 302. Said deeds being of record in the Clerk's Office of Frederick County, Virginia. This Boundary Line Adjustment as it appears on the accompanying plats is with,the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. 4- Representativjfq;,W r chester Medical Center NOTARY CERTIFICATE: STATE OF VIRGINIA; CITYk�F �� to -wit: ate foregoin rs consent and dedic ton was acknowledged before me this Zday of 204 . My commission expires 61� Notary Public SHEET 1 Mrs • 0 BOUNDARY LINE ADJUSTMENT of TWO TRACTS l' Winchester Medical Center TM 453-A-68 Instrument #000012098 Fruit Hill Orchard, Inc. TM #53-A-I Deed Book 296, Page 302 -- Tract 2 February 6, 2009 Gainesboro District, Frederick County, Virginia Representative for Fruit Hill Orchard, Inc. NOTARY CERTIFICATE: STATE OF VIRGINIA-rQfTY/COUNTY OF lkV'b C.iL , to -wit: The foregoing owners consent and dedication was acknowledged before me this 1 day of 20 �. r� My commission expires Q ('Zb' Z0(Z 3yg7� 1 Notary Public ••rye r� X LL CERTIFICATE OF APPROVAL This Boundary Line Adjustment is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator -SHEET 2 See sheet 4 for notes. Sheet 3 of 4 AREA TABULATION 42-A-180 EXISTING: Fruit Hill TM 53—A-68 92.5098 AC. by deed 4t\ A-170 /� Orchard, Inc. TM 53—A-1 96.6900 ACC by deed Fruit Hill / 459/844 PROPOSED: Orchard, Inc. 105.26 AC. TM 153—A-68 96.3511 AC. 341/47 /�� �� TAB 53-A-1 92.8487 AC. 274.16 AC. /�,�° Area of Adjustment 3.8413 AC. / o 53—A-2 `0 / / 53—A-1 Fruit Hill Orchard, 296/302 IhP 145.93 AC. 92.8487 �, Acres —, Area of Ad ustment 3.8%3 Acres 100' (sheet 4) A 53—A-73 Page F. & Elva Huffman WB 65/509 0.75 AC. B 53—A-74 Carolyn R. Turner 938/150 1.25 AC. \` C 53—A-75 Nancy Renner Johnson 819/552 1.00 AC. �B2MS D 53—A-76 Robert B. Johnson 586/878 1.00 AC. E 53—A-68B Winchester Medical Center #080006462 1.53 AC. F 53—A-68C Winchester Medical Center #080006462 1.38 AC. G 53—A-68A Lefta Winchester, LLC #040016417 3.80 AC. 53—A-69 Fruit Hill Orchard, Inc. 296/302 120.9 AC. 00 (D 53-A-A Fruit Hill Orchard, Inc. 848/1208 73.34 AC. 53-A-Al Petticoat Gap Lane, LLC #040015980 4.98 Acres � 52-A-Dam Wal-Mart Real Estate Business Trust #040017257 /l\t 20.53 AC. B v J 45 1 US Route 50 Artz and Associates, PLC —A Subddlary of Ydle� l�Tneerins pLC LAND SURVEYING Leo PUW"ING DEVELOPMEW 16 Eoet PiecWily Street M�RIGNESTER, VA 22601-4740 TE1 540-667-3233 FAX W667-9188 TOLL FREE 1-Boo-755-732o Z N OF fi 53-A-68 96.3511 / ��� li// Mi HAEL M. ARTZ Acres /%�/� Lic. No. 1513-B Final Plat Index Sheet for Boundary Line Adjustment of 2 Tracts Galnesboro District, Frederick County, Virginia Scale: I" = 600' Date: February 6, 2009 Present Owners: Winchester Medical Center TM #53-A-68 Inst,#000012098 See also #040016054, #080006461, & #080006462 Fruit Hill Orchard, Inc, TM #53-A-1 DR 296, PG 302 N Tract 2 PROJECT #22163 0 1. Only the annotated boundaries shown hereon were determined by a field run survey perfon-ned by Artz & Associates on May 23, 2008. Remainder of boundaries and acreages taken from deeds of record. 0 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. CD 4. All properties zoned RA, unless noted otherwise. Adjoining acreages taken CD from public record. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 435.00 11.07 11.07 N 2T59'20" W 1'27'27" C2 371.00' 539.25' 493.02' N 12'55'20' E 839 6 49" C3 436.00' 104.73' 104.48' N 61'26'37' E 13'45'46" C4 429.51 411.11' 395.60' S 5235'49" W 5450'27" C5 1 127.50' 339.99' 1 247.84' 1 S 25' 11'32" W 152'46'55" C6 1 25.00 21.68' 1 21.00 0 1 S 50'01'56 W 49'40 47" C7 1 60.00' 114.86' 1 98.11' 1 S 2001'56 W 109'40'47" LINE BEARING DISTANCE L1 N 76*11'07 W 101.75' L2 N 11*39'30' E 221.26' L.3 N 2843'04 W 218.55' L4 S 2511'32" W 61.79' L5 S 25' 11 32 W 81.27' L6 S 25'11'32 W 77.54 O = Point ♦ = Rebar Set • = Rebar & Cap found (unless noted otherwise) 53-A-1 Property Lines C4 through C7 and L4 through L6 are hereby created CNi 92.8487 CjII 1 Acres Area of Adjustment 3.8413 Acres h v N G� RA Zone 48 W `` L6 DOShed` \4 f ?3' 1' lire 'S hher n of !h 5 3- A- b 8 eby vocotedeed 96.3511 Acres 62M5 Zone ' ZONED: 92M5 Final Plat, Boundary Line Adjustment of 2 Tracts Gainesboro District, Frederick County, Virginia Scale: I" = 200' Date: February 6, 2009 Present Owners: Winchester Medical Center TM #53-A-68 Inst.#000012098 See also #040016054, #080006461, & #080006462 Fruit Hill Orchard, Inc. TM #53-A-1 DR 296, PG 302 N Tract 2 PROJECT 122163 15+ _o' r 53-A-2 Fruit Hill Orchard, Inc. 296/302 145.93 AC. Artz and Associates, PLC A Subsidiary of Y&Uey Engineering, PLC LAND SUR1E11NG LAND PLANNING DEVELOPMEN"T 16 East Ptccodilti Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 CD O VIRGIMA: FREDERICK COUNTY.SCT- 'Phis instrument of writing was produced to me otz Z -R'I- , at /1 :%%10L and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec- 5-1-802 of and 58.180 i have been paid, if assessable- 4& ea Guk 100011305 Tax Map Numbers: 53-A-68 jee V o7/-(x 1 THIS DEED, exempt from recordation taxes and fees under Virginia Code Sections 58.1- 81l(A)(3), 58.1-3315, and 17.1-279(E), made this 1 I day of M , 2010, by and between WINCHESTER MEDICAL CENTER, a Virginia non -stock corporation organized for the purpose of owning and/or operating a hospital not for pecuniary profit, Grantor, and the COMMONWEALTH OF VIRGINIA, Grantee, WITNESSETH: That for and in consideration of the mutual benefits of the parties hereto, the Grantor does hereby grant and convey with General Warranty and English Covenants of Title unto the Commonwealth of Virginia, in fee simple, all that certain tract or parcel of land, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or anywise appertaining, situate in Gainesboro District, Frederick County, Virginia containing 2.4525 acres, more or less, and being more particularly shown on a plat entitled "Road Dedication Plat of the Land of Winchester Medical Center" by Michael M. Artz, Land Surveyor, dated October 11, 2010 attached hereto as Exhibit A (the "Plat") The real estate herein conveyed is a portion of the property acquired by Grantor from Fruit Hill Orchard, Inc., a Virginia Corporation, by deed dated February 17, 2009, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 090001480. Reference is hereby made to the aforesaid deed(s) and plat referred to therein for a more particular description of the land hereby conveyed. This document was prepared by Wharton Aldhizer & Weaver, P.L.C. 125 South Augusta Street, Suite 2000, Staunton, Virginia 24401 The existence of title insurance is unknown to the preparer of this instrument. O O M l� AND FURTHER WITNESSETH: THAT WHEREAS, all or part of State Highway Route 37 has been designated as a Limited Access Highway in accordance with the provisions of Article 4, Chapter 1, Title 33.1, of the 1950 Code of Virginia, as amended; NOW THEREFORE, for the aforesaid consideration the Grantor doth also hereby grant, convey, and dedicate unto the Grantee with general warranty any and all easements of access, light or air, incident to the lands of the Grantor abutting upon the Limited Access Highway, and/or upon any of its ramps, loops, or connections at and with intersecting highways, the line or lines along which the easements herein conveyed lie as more particularly shown on the Plat and being described as follows: Limited access along Tax Map # 53-A-68 (Winchester Medical Center Property) Beginning at a rebar and cap found at a corner of the Winchester Medical Center property with the existing limited access rigbt-of-way of Virginia Route 37; thence with the existing right- of-way line N 11'39'30" E 215.91 feet to a rebar and cap set at the true point of beginning, being the p.c. of a curve to the left and having a radius of 327.23 feet; thence with the`\ew limits of the limited access right-of-way of Virginia Route 37 the following six (6) courses; with, the arc of said curve 213.64 feet, Long Chord N 45°59'50" W 209.87 feet to a rebar set at the p.t. of s�id curve; thence N 64°48'28" W 83.14 feet to a rebar set at the p.c. of a curve to the left and having a radius of 50.00 feet; thence with the arc of said curve 78.54 feet, Long Chord S 70°11'35" W 70.71 feet to a rebar set at the p.t. of said curve; thence S 25°l 1'37" W 65.58 feet to a rebar set at the p.c. of a curve to the right and having a radius of 65.00 feet; thence with the arc of said curve 122.24 feet, Long Chord S 25°18'37" W 105.01 feet to a rebar set at the p.t. of said curve; thence N 64021'44" W 19.78 feet to a rebar set at the end of the new limits of the limited access right-of-way of Virginia Route 37. 2 AND FURTHER WITNESSETH, pursuant to Grantor's conveyance of the 2.4525 acre parcel to the Commonwealth set forth above, a limited access line shall lie along the boundary of the 2.4525 acre parcel conveyed where such parcel abuts the lands of Fruit Hill Orchard Inc., as more particularly shown on the Plat and being described as follows: Limited access along Tax Map Parcel 53-A-1 (Fruit Hill Orchard Inc. Property) for designation purposes only Beginning at a rebar and cap found at the southeastern most corner of the Fruit Hill Orchard, Inc. property, a corner with Winchester Medical Center; thence with Fruit Hill Orchard, Inc. N 2591'32" E 17.54 feet to a rebar and cap found at the true point of beginning; said rebar and cap being the p.c. of a curve to the right and having a radius of 60.00 feet; thence continuing with Fruit Hill Orchard, Inc. with the new limits of the limited access right-of-way of Virginia Route 37 the following seven (7) courses; with the arc of said curve 114.86 feet, Long Chord N 20001'56" E 98.11 feet to a rebar and cap found at the p.r.c. of a curve to the Ieft and having a radius of 25.00 feet; thence with the are of said curve 21.68 feet, Long Chord N 50°01'56" E 21.00 feet to a rebar and cap found at the p.t. of said curve; thence N 25'11'32" E 81.27 feet to a rebar and cap found at the p.c. of a curve to the right and having a radius of 127.50 feet; thence with the arc of said curve 339.99 feet, Long Chord N 25'11'32" E 247.84 feet to a rebar and cap found at the p.t. of said curve; thence N 2591'32" E 61.79 feet to a rebar and cap found at the p.c. of a curve to the right and having a radius of 429.51 feet; thence with the arc of said curve 411.11 feet, Long Chord N 52°35'49" E 395.60 feet to a rebar and cap found in the existing limited access right-of-way of Virginia Route 37, a corner with a separate parcel also standing in the name of Fruit Hill Orchard, Inc. Said rebar and cap being the end of the new limits of the limited access right-of-way of Virginia Route 37. 3 O CD v The foregoing lines are designated "Proposed Limited Access RJW Limits (Hatched)" on said attached Plat attached hereto and recorded herewith. It is covenanted and agreed that this conveyance is made pursuant to the provisions of Article 4, Chapter 1, Title 33.1, of the 1950 Code of Virginia, as amended, which shall be a covenant running with the abutting lands of the Grantor, which abut upon the Limited Access Highway, and/or upon any of its ramps, loops, or connections at or with intersecting highways, along the line or lines hereinabove described, as if the Article, as mended, were herein fully recited. Nothing herein contained shall be construed to convey any easement of access, light or air, incident to any lands of Grantor abutting upon any highway other than the right of ingress to and egress from any of the Grantor's lands which abut upon any service road now or hereafter constructed by the Grantor to provide access to and from the Limited Access Highway. The Grantor by execution of this instrument acknowledges that the plans for the aforesaid project as they affect its property have been fully explained to it authorized representative. The Grantor covenants and agrees for itself, its successors and assigns, that the consideration hereinabove mentioned shall be in lieu of any and all claims to compensation for land, and for damages, if any, to the remaining lands of the Grantor which may result by reason of the use to which the Grantee will put the land to be conveyed. WITNESS the following signatures and seals. (Signature on following page) 4 C7 CD (Signature Page for Deed to Commonwealth) N WINCHESTER MEDICAL CENTER a Virginia no�toration STATE OF VIRGINIA CITY/COUNTY OF JftVAay;(, , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid this day of o� e�A e-r 2010, by as -S,&n4 - of Winchester Medical Center, a Virginia non -stock corporation, Grantor. Autumn L. Donald NOTARY PUBLIC Commonwealth of Virginia Reg. # 13W1 ,v commission Expires 6/30/2011 My commission expires: �_-D o )moo 1 l Notary Registration Number: � 3g 4(� 1 Grantee's Address: 811 Commerce Road Staunton, Virginia 24401 S1001260-2 R • • Road Dedication of 2.4525 Acres Winchester Medical Center TM #53-A-68 Instrument #000012098 & #090001480 October 11, 2010 Gainesboro District, Frederick County, Virginia EE- XHIBff s -J G0 JUKVb Y VK'J ULKI LM—AUM I, Michael M. Artz, a duly authorized land surveyor, 'do hereby certify that the land hereby dedicated to the Commonwealth of Virginia is in the name of Winchester Medical Center and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. A"::z aA Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein dedicated to the Commonwealth of Virginia is a portion of the land acquired by Winchester Medical Center by deed dated February 17, 2009 and recorded in Instrument 9090001480. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Road Dedication of 2.4525 Acres as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick CoW4_Virginin for Winchester Medical Center NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OFYPr��1=�G� _ to -wit: The foregoing owners consent and dedication was acknowledged before me this Ittti day of aLLUL� �Autumn L. Aonald �My commission expires aDl � t 1a-t. d NOTARY PUBLIC Notary Public Commonwealth of Virginia Reg. #E138481 CERTIFICATE OF APPROVAL, my commission Expires 6/30/2011 This Road Dedication of 2.4525 Acres is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. to Virginia Deparl7fient of Transportation SHEET 1 53-A-73 Page F. & Elva Huffman WB 65/509 C 53-A-74 Carolyn R. Turner 938/150 �- 53-A-75 Nancy Renner Johnson 819/552 53-A-2 FruitH Hill Orchard, Inc. 53-A-76 Robert B. Johnson 586/878 2.4525 Acres 53—A-68B Winchester Medical Center #080006462 hereby 53—A-68C Winchester Medical Center #080006462 dedicated to 53-A-68A Lefta Winchester, LLC #040016417 Commonwealth of Virginia (sheet 2) �---� 0 sC$ EfCD O M ZD cu 53—A—A Fruit Hill Orchard, Inc. 848/1208 53—A—Al Petticoat Cop Lane, LLC J040015980 53—A-1 Fruit Hill Orchard, Inc. 296/302 — Tract 2 �R,q 53—A-69 Fruit Hill Orchard, Inc. 296/302 53-A-b8 93.8986 Acres 52—A—D Wal—Mart Re41 Estate Business Trust (' #040017257 © o� G ATED) O US Route 50 Index Sheet, Road Dedication Plat OF THE LAND OF Winchester Medical Center TM #53-A-68 INST. f 000012098 See dso J040016054, #080006461, #080006462, k #090001480 GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA AREA TABULATION EXISTING: TM #53-A-68 96.3511 AC. PROPOSED: TM #53-A-68 93.8986 AC. Road Dedication 2.4525 AC. I a47E 10/11/2010 I SC&E• 1 =600' SHEET 2 OF 3 j Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 567-0468 - FAX (540) 667—ass - EUA1L officeftarnhandfegg&com SALT H OF MICHAEL M. ARTZ ➢ Lic. No. 1513-B No supolti�o DRAWN BY: MW DWG NAME: V" • • CURVE RADIUS ARC LENGTH C1 435.00' 11.07' C2 371.00 539.25' C3 436.00' 104.73 C4 429.51 127.50' 411.11' C5 339.99 C6 25.00 21.68 C7 60.00' 114.86' C8 327.23' 213.64' C9 50.00' 1 78.54' C 10 1 65.00' 1 122.24' LINE BEARING DISTANCE LI N 76*11'07" W 101.75' L2 N 11*39'30' E 215.91' L3 S 28'43'04" E 218.55' L4 N 25' 1 1 '32" E 61.79' L5 N 25'11'32" E 81.27 L6 S 25.1 1 32' W 17.54 L7 N 64'48'28" W 83.14' L8 S 25'11'37" W 65.58' L9 N 64'21'44" W 60.00' L10 N 64*21'44" W 19.78 L11 S 11'39'30" W 1 5.35 CHORD LENGTH 1 1 .07' _ 493.02' 104.48' 395.60' 247.84 21.00 98.11 209.87' 70.71' 105.0 11' CHORD BEARING S 27'59'20" E S 12'55'20 W S 61'26'37"_W _ N 52'35'49" E N 25 1111 32 E N 50'01'56" E N 20'01'56 E N 45'59'50" W S 70'11'35 W National Fruit Product Company, Inc. 20' Wide Force Alain Easement as shown on surveys of record Proposed Limited Access R/W 53-A-1 Limits (Hatched) Fruit Hill Orchard, Inc. 296/302 - Tract 2 -� Z o ? (1 2.4525 Acres o hereby dedicated I to Commonwealth 0 co of Virginia STA 17 + 60,48 53-A-68 L434.3 93.8986 Ac. Residue Prapose / d C�mces (No�R/W tll/?e L hedi �MRq Zo` Zone Notes: 1. Boundaries shown hereon were determined by a field run survey performed under my supervision on May 23, 2008. 2. This plat is subject to easements and restrictions of reco 3. No title report furnished. 4. Refer to the Frederick County Zoning Ordinance for Buildii Setbacks,. 5. Courses C7-C6-L5-05-L4-C4 and L10-C10-L8-C9-L7- represent Proposed Limited Access R/W Limits. Line L9 i the Limited Access Control Change referenced in CTB Resolution 16-A doted 12-17-2009. IJ L6 STA 17 + 17.39 L398.9 N 37 w DELTA ANGLE C:) C] 'J Ul 1'27'27" 83' 16'49 13'45 46" 54*50*27" 15246'55' 49'40 47 109'40 47" 37'24'26" 89'59'56 0 = Point ♦ = Rebor Set Rebor k Cap found (unless noted otherwise) 53-A-2 Fruit Hill Orchard, Inc. 296/302 Existing Limited Access R/W -- Limits Detail Sheet, Road Dedication Plat OF THE LAND OF Winchester Medical Center TbI #53—A-68 INST. 1=12098 See also #040016054, 1080006461, j080006462, k #090001480 GAINESBORO MAUSTERIAL DISTRICT, FREDERICK COUNTY, MRQNIA DATE' 1011112010 I SCALE.' 1 =200' I SHEET.' J OF .3 �p-1 H OF MICHAEL M. ARTZ Lic. No. 1513—B /0/1fh/ �gtio suR`loai? --....-- Marsh & Legge Land Surveyors, P.L.C. — - 560 NORTH LOUDOUN STREET N WINCHESTER, ViRUNIA 22601 DRAWN BY: A/A[A PHONE (540) 687-0468 - FAX (540) 667-0489 - EMx& off 8ftonhandbgpdcom DWG NAME: MW O O rn VIRGINIA: FR=,D£RICK COUNTY -SC'. This instrument of writing was produced to me on 10 : 4 119M and with ccrtilir,it ucl::n • I:LI.:Cment thereto annexed was admitted to record. I':r•: 111,11 b\, Sec. 58.1-802 of $�ld58.1-801 have been paid, if assessable. ua , Clerk 0 E REZONING REQUEST PROFFER Property Identification Number 53-((A))-68 Revised 01-14-20 WINCHESTER MEDICAL CENTER "West Campus" Preliminary Matters Pursuant to Section 15.2-2296 et.seg., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-19 for the rezoning of 88.1212 acres, out of a parcel total of 89.5100 acres, of the existing MS/B2 Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then the existing proffer statement for the B-2 tract will remain in effect and these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Owner and their legal successor assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Plan of Development, dated 10-18-19 and revised 04-09-20, which is attached hereto and incorporated herein by reference. Street Improvements The Owner shall design and construct all roads on the subject property consistent with the County's adopted Round Hill Land Use Plan for the area, and requirements as consistent with the Commonwealth Transportation Board's "Right of Way and Limited Access Control Changes Route 37 and Campus Boulevard Interchange" approval dated December 17, 2009, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Plan of Development which is attached hereto and incorporated herein by reference. 1. On U.S. Route 50 at the intersection of Route 1317, a 200 feet left turn lane for eastbound traffic will be provided. (#1) 2. On U.S. Route 50, an acceleration/deceleration lane will be added across the entire U.S. Route 50 frontage of the site, and the only exit on U.S. Route 50 will be located at the Route 1317 intersection. Curb and gutter will be provided along the entire frontage. (#2) 3. At the VA Route 1317 intersection, traffic leaving the site will be provided two left turn lanes, (on left turn with through movement) and one right turn lane. (#3) 4. Lanes will be added to the VA Route 37 exit ramps to allow dedicated right and left turn lanes (#4) as follows: Koo Vf�ca,rK,� ("V \1 At U.S. Route 50/VA Route 37 eastern signal, Northbound left turn — 200 feet with transition to provide 3 lanes at intersection including a dedicated left, a left with through and right turn lanes. At U.S. 50/VA Route 37 Western signal, Southbound right turn — 200 fee with transition to provide full 2 lanes at intersection. 5. A traffic signal will be provided at U.S. Route 50 and VA Route 317 intersection. (#5) 6. An additional left turn lane will be provided on U.S. Route 50 for the eastbound traffic at the US Route 50/VA Route 37 eastern signal. (#6) 7. A major collector road, 1800 feet in length and 5 lanes wide, with 80 feet right of way. (#7) Transportation items 1 through 6 shall be constructed during the initial site development phase of the project and shall be either complete or bonded for completion prior to issuance of the first occupancy permit. The Owner shall limit entrance connections onto U.S. Route 50 to one point as shown on Generalized Development Plan. The Owner shall prepare a traffic generation estimate for uses established by the Site Development Plan to be submitted for initial construction approval to the County. The combined trip generation (ADT) shall not exceed 14,000 TPD (average weekday volume) without further approval by the County. The actual trip generation from the project shall be determined by the Winchester Medical Center Management annually, from data collected in May and with the results due on July 1 of each year, and be available for review as individual site plans and subdivisions for future uses are submitted for review by VDOT and the County. The combined traffic impact from Tax Map 53-A-68, including parcels A, B, C, D, and E, is not to exceed 14,000 TPD (average weekday volume) when current actual counts and proposed counts are added for cumulative total. If the cumulative total for any site plan at WMC causes the total to exceed 14,000 TPD then it is agreed that the Owner shall not file x additional site plan application until the County is satisfied that adequate and manageable levels of service will exist on state or internal site roadways. The SIC code system and the C ITE shall be utilized for the subject projections. The Owner shall perform an updated TIA of the project intersection on U.S. Route 50 and the Route 50/Route 37 interchange when traffic generation from the original 102 acre site reached 14,000 TPD (average weekday volume). The County may revise this 14,000 TPD limit upward, without modification of this J �0 proffer agreement, should results of the TIA show that additional loading is appropriate. Q 8. The Owner proffers to convey one joint access and utility easement to Botanical Blvd. for jeQ the properties west of Botanical Blvd. Such easement shall be in a location directly across from Marriott Drive with a maximum width of fifty feet (50'). Should the owner(s) of the properties west of Botanical Blvd. require any additional property from the Owner, such adjoining property owner(s) would need to obtain approval and agreements from the Owner. It is the sole responsibility of the adjoining property owner(s) to comply with all requirements of Frederick County and VDOT for permits and all entrance approvals and permissions to include, but not be limited to, signalization and/or other items associated with obtaining approval for such entrance to Botanical Blvd. It is further understood and agreed by Frederick County that any trips generated by properties west of Botanical Blvd. will not count towards the 14,000 TPD limit described in the paragraph immediately above. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design feature provided in these proffers and as illustrated on the Generalized Plan of Development dated 10-18-19 and revised 04-09-20 which is attached hereto and incorporated herein by reference. 1. A fifty foot (50') landscaped buffer along the US Route 50 frontage portion of the site. (#8). Internal parking, travel ways and commercial structures shall not extend closer than 50' to front right of way line on U.S. Route 50. An illustrative detail is attached to this proffer for the purpose of establishing a standard of quality to be implemented upon final design. (See ID "A"). 2. A landscaped green area along the north side of the main entrance. (See ID "A") (#9) On Site Development The Winchester Medical Center shall establish an Architectural Review Committee (ARC) to review all planning within the 89.4099 acre site to insure conformance with the standard of quality described in the Master Development Plan and Covenants. In general, project covenants shall establish a standard of quality for structures and site design as follows: 1. Materials utilized for the facades of the 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. 2. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. 3. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. 4. A single monument type sign shall be utilized near the project entrance to describe internal features. Sign height shall be limited to 20' within 50' landscape area long U.S. Route 50. Individual signs to be allowed per ordinance requirements to announce individual uses. On building signage to be the preferred sign type for individual uses. No other signs shall be located within 50' buffer area. The Owner shall record and include in each deed as well as provide Frederick County with a complete set of Covenants and Restrictions pursuant to site design developed and approved by Frederick County at the time of master plan. Property owners shall be notified of conditions relating to adjoining active agricultural operations. Monetary Contribution to Offset Imaact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 88.1212 acres, of the 89.5100 acre parcel, lying on the north side of U.S. Route 50 in the Gainesboro Magisterial District of Frederick County, Virginia as presented, the undersigned will pay to Frederick County for the Round Hill Fire and Rescue Company the sum of $25,000.00, the Sheriff's Office the sum of $5,000.00 and the Administration Building the sum of $5,000.00 for a total payment of $35,000.00, at the time of the first building permit on the 89.4099 acre tract is issued. This payment will not be required if it is shown that this payment was made with the original rezoning of the property in 2003. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted, By (Print Name) Title: VP, Facilities Management and Safety STATE OF VIRGINIA, AT LARGE CITY/COUNTY of instrument was acknowledged before me this day of 2020, by Mark Baker, VP Facilities Management and Safety for Winchester Medical Center. My commission expires Notary Public o�;�,��� 9 from /����k��,l'..��� • i THOMAS MOORE LAWSON, P.C. "OF COUNSEL - WILLIAMS MULLEN 120 ExETER DRIVE, SUITE 200 Pos'T OFricl•: Box 2740 WINCHES'TER, VA 22604 TE.LEPIIONE: (540) (G5-0050 FACSIMILE: (540) 722-4051 April 17, 2020 Mike Ruddy, AICP, Director Department of Planning and Devc1opmcnt Frederick County, Virginia 107 North Kent Street North Building, 2"" Floor Winchester, VA 22601 VIA HAND -DELIVERY Dear Mike: *'I710MAs MOORS LAWSON - TI.ANN'SON q,1.SP1.C.00M Re: Rezoning Application #06-19 Our File No. 1376.001 Enclosed please find an original executed Proffer Statement and Generalized Development Plan for the above -referenced Rezoning Application. Thank you for your continued assistance and cooperation. As always, if you have any questions, please do not hesitate to contact me V TML:jk Enclosure cc: Valley Health System 6 VALLEYO E N G I N E E R I N G DOCUMENT TRANSMITTAL Ms. Candice Perkins, AICP, CZA Assistant Director - Planning Frederick County Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Project Name: Winchester Medical West Campus Rezoning VESP Project No.: 11054-7 From: Daniel Michael, PE Date: 10-24-19 ❑ Originals ❑ Copy of Letter ® Prints/Copies DESCRIPTION: Sent Via: ❑ Mail ❑ Overnight (AM) ❑ Overnight (PM) ® Hand Delivered ❑ Client Pick -Up ❑ Invoice ❑ For Your Use ❑ Check ❑ Per Your Request ❑ Contract ® For Review and Comment ❑ Sign and Return ITEMS BEING TRANSMITTED Date a Prints Revised Proffers 10-22-19 1 Generalized Plan of Development Exhibit 10-22-19 1 Cul-de-sac Deeds TM 53-A-1 & TM 53-A-68 - 1 ❑ Sign, Record and Return ❑ Accepted as submitted ❑ Accepted as noted ❑ Returned for corrections REMARKS: Please accept this package of information for the rezoning of the Winchester Medical Center West Campus, as previously reviewed and commented upon. Let me know if you have any questions or need additional information. Daniel Michael, PE email: dmichael@valleyesp.com cell: 540-908-6333 Received By: Date: 4901 Crowe Drive Mount Crawford, VA 22841 540-434-6365 VALLEY ENGINEERING DOCUMENT TRANSMITTAL Ms. Candice Perkins, AICP, CZA Assistant Director - Planning Frederick County Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Project Name: Winchester Medical West Campus Rezoning VESP Project No.: 110S4-7 From: Daniel Michael, PE Date: 10-15-19 ❑ Originals ❑ Copy of Letter ® Prints/Copies DESCRIPTION: Sent Via: ❑ Mail ❑ Overnight (AM) ❑ Overnight (PM) ® Hand Delivered ❑ Client Pick -Up ❑ Invoice ❑ For Your Use ® Check ❑ Per Your Request ❑ Contract ® For Review and Comment ❑ Sign and Return ITEMS BEING TRANSMITTED Date # Prints Cover Letter 10-15-19 1 Rezoning Plan Set 10-15-19 1 Submission Check # 23098 10-15-19 1 Rezoning Application Package 10-15-19 1 3 Separate Property Deeds 10-15-19 1 Digital Disk of Information Provided 10-15-19 1 ❑ Sign, Record and Return ❑ Accepted as submitted ❑ Accepted as noted ❑ Returned for corrections REMARKS: Please accept this package of information for the rezoning of the Winchester Medical Center West Campus, as previously reviewed and commented upon. Let me know if you have any questions or need additional information. Daniel Michael, PE email: dmichael@valleyesp.com cell: 540-908-6333 Received By: Date: 4901 Crowe Drive Mount Crawford, VA 22841 540-434-6365 i VALLEY I LN40INL=LRING October 1, 2019 Ms. Candice Perkins, AICP, CZA Assistant Director — Planning Frederick County Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Reference: Winchester Medical Center II — Rezoning Request Ms. Perkins, Please accept this inforillation/package as the FINAL SUBMISSION from Winchester Medical Center to rezone lands originally rezoned in 2003, under the same name. As previously discussed, during this original rezoning process a Generalized Development Plan, Which Was included ill tile approved proffers, indicated specific uses in Specific areas of the parcel in question, thereby limiting the placement of proposed facilities to those specific locations. The SOLE purpose of this rezoning request is to remove the limitations oil the property by the original Generalized Development Plan, as included in the approved proffers. We are not asking for any change of zoning classification, or any other limitation from the previously approved rezoning, other that the removal of the Generalized Development Plan limitations. I have included all required information for this Final Submission, and ask that the process to approve this request be initiated. With regard to the Agency Review Comments; comments were received from the County Attorney, VDOT, and the Frederick County Department of Planning and Development. ALL comments presented have been addressed/noted in this submission and we had no objection to any of the comments offered. If during your review of this request you have any questions or comments, please don't hesitate to contact me directly by phone at 540-434-6365 x 201, or by email at dmichacl(c�vallcLp.conl. Respectfully, Valley Engineering, PLC Daniel K. Michael, PE Partllcr/Principal-in-Charge 4901 Crowe Drive, Mown Crawford, VA 22841 Phone (540) 434-6365 • Fax (540) 432-0685 wwN'.V11IIeyeti17 C0n1 Impact Analysis Statement A. Suitability of Site — The site under consideration was recently developed to install roadways and utilities necessary for the construction of facilities/uses in conformance with the previously approved rezoning and the site contains no 100 year flood plain impacts, no wetlands, no steep slopes, or prime agricultural soils. There is a presence of rock on the parcel, and development will take that into consideration during the design process. B. Surrounding Properties — As with the previous rezoning, the adjacent lands are zoned B-2, or RA. As previously stated, we are not asking for a rezoning to allow anything to be constructed beside these existing parcels that can't be constructed now. C. Traffic — No Traffic Impact Analysis is being proved with this request as limitation for the site under consideration was developed and approved under the original 2003 rezoning. At that time, an Average Daily Limit of 14,000 Trips per Day was established and we are not requesting any modification to that number. D. Sewage Conveyance and Treatment — As previously mentioned, the parcel under consideration was recently developed to construct all necessary roadway and utilities necessary for the development of said parcel. Acceptance of the proposed area has already been provided by this construction and is anticipated by Frederick County. E. Water Supply — As previously mentioned, the parcel under consideration was recently developed to construct all necessary roadway and utilities necessary for the development of said parcel. Acceptance of the proposed area has already been provided by this construction and is anticipated by Frederick County. F. Drainage — As previously mentioned, the parcel under- consideration was recently developed to construct all necessary roadway and utilities necessary for the development of said parcel, including stormwater management addressing both water quantity and quality. As the parcel is developed we will compare the actual designs to anticipated impacts to ensure that the constructed facilities remain adequate. Acceptance of the proposed stormwater management features has already been provided by this construction and is anticipated by Frederick County. G. Solid Waste Disposal Facilities — Solid Waste will be disposed of through individual contracts with each proposed structure constructed on the parcel under consideration. No negative impact to this service is anticipated. H. Historic Sites and Structures — As previously mentioned, this site was rezoned in 2003 and no Historic Sites or Structures were noted at that time and none have ever been noted during the review and approval process for any of the construction activities which have already taken place on this parcel. I. Impact on Community Facilities — As previously mentioned, we are not asking to allow for construction of anything that can't be constructed today, only the specific location of that facility. The anticipated Impact on Community Facilities is unchanged from what was previously approved. • U Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHA T YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time Cz- Candice ar Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time