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HomeMy WebLinkAbout06-13 Silver Lake LLC Proffer Revision B2 238.96 MS 131.06 - Gainsboro - BackfileREZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis Plat/Survey Adjoiner List ✓ Taxes Paid Statement_�� File opened (1 i3 ( Reference manual updated/number assigned It �'j i 3 D-base updated prp n Y)p (jQQpy of adjoiner list given to staff member for verification 1 �3 Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: a h i3+ Board of Supervisors Meeting ACTION: Q d Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's 1A f 13 Reference manual updated (3 D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID 4 ID 0 COUNTY Fla copy of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 16, 2013 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #06-13, Silver Lake, LLC PINS: 52-A-C, 52-A-50, 52-A-.50A, 52-A-52, and 52-A-63 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 11, 2013. The above -referenced application was approved to revise proffers associated with Rezoning #01-09. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by the Property Identification Numbers 52-A-C, 52-A- 50A, 52-A-52, and 52-A-63 in the Gainesboro Magisterial District. The proffer statement, originally dated November 25, 2008, with final revision date of November 4, 2013, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present 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, =t�� tires Michael Ruddy, AICP Deputy Director MTR/pd Attachment cc: Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/original Resolution and Proffers 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 REZONING APPLICATION #06-13 SILVER LAKE, LLC. Staff Report for the Board of Supervisors Prepared: December 2, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 12/04/13 Recommended Approval Board of Supervisors: 12/ 1 1 / 13 Pending PROPOSAL: To request a minor revision to the proffer statement associated with rezoning RZ#O 1- 09, Silver Lake. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. LOCATION: Tile properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard, and east of Poor House Road (Route 654). Primary access is provided via the newly developed National Lutheran Boulevard. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/11/13 BOARD OF SUPERVISORS MEETING: This request for a minor revision to the proffer statement associated with rezoning RZ#01-09, Silver Lake relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The Planning Commission unanimously recommended approval of Rezoning #06-13, the Proffer Revision of Silver Lake, L.L.C. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning. Executed proffers dated November 4, 2013 are provided as well as a redline version of the proffer update. The revised Proffcr Statement is in an acceptable legal form. These modifications to the proffer statement are minor in nature and a public liearing is not required. Following the public meeting, a decision refwrding this rezoning application by the Board of Superr,ivory would be appr•opr•iate. The applicant should be prepared to adequately adrh•ess all concerns raised by the Board of'Super•ylsors. Rezoning #06-13 — Silver Lake LLC December 2, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report Reviewed Action Planning Commission: 12/04/13 Recommended Approval Board of Supervisors: 12/11/13 Pending PROPOSAL: To request a minor revision to the proffer statement associated with rezoning RZ#01-09, Silver Lake. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. LOCATION: The properties are located on the North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and East of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50A, 52-A-52, and 52-A-63 PROPERTY ZONING: B2 (General Business) District and MS (Medical Support) District, with proffers. PRESENT USE: Residential, National Lutheran Village at Orchard Ridge, Vacant, Agricultural, ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/Agricultural Rezoning 1/06-13 — Silver Lake LLC December 2, 2013 Page 3 REVIEW EVALUATIONS: Frederick County Public Works: The Public Works Department supports the proposed revisions to the Silver Lake, LLC proffer statement date October 25, 2013. Frederick Count Fire Marshal: Plans approved. Fire and Rescue Company: After review of the proffer statement dated October 24, 2013 (revision date), I find the revision to be correct and accurate in regards to the Fire Station proffers. County Attorney: Please secs attached e-mail front Rod 111illiams, Colmty Attorney to Tan 14yatt dated October 29, 2013 and November 4, 2013. Planning & Zoning: I) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the ROund Hill Community. This was approved by the Board of Supervisors on November 2007. In 2009, this property was rezoned consistent with the Comprehensive Plan and the Round Hill Land Use Plan. Rezoning RZ#01-09 was approved to rezone 370.02 acres to the MS (Medical Support) District and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses. The B2 (Business General) portion Of this property (238.96 acres) is subject to this current application for a revision to the proffered conditions. The National Lutheran Village at Orchard Ridge project opened earlier this year and continues its development on the portion of the property that is zoned MS (Medical Support). 2) Comprehensive Policy Plan The Frederick County 2030 Comprehensive Plan is an official public document that serves as the CO111111L1111ty'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. Land Use This application to modify the proffered conditions associated with four of the five parcels that made Up Rezoning Application RZ#n 1 -09 for a C0I1t111Llllig Care Retirement Community and commercial land uses remains generally consistent with the 2030 Comprehensive Plan, and the ROund Hill Land Use Plan. 9 • Rezoning #06-13 — Silver Lake LLC December 2, 2013 Page 4 3) Proffer Statement The applicant has provided a revised Proffer Statement, dated November 4, 2013, which most substantially provides for the relocation of the site provided for the development of a new fire and rescue facility and support facilities, Proffer E.1. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor changes that relate to the actual development of the site since the original rezoning; the renaming of streets to reflect the current road names, the restating of new Zoning Ordinance references, and further clarifications that reflect site development conditions such as in Proffer C. 6. One additional change is the restating of the Fire and Rescue enhancement proffer provision from "within five years from the date of final non -appealable rezoning approval" to "on or before April 21, 2014". It is important to recognize that this date in Proffer E.1., while consistent with the previous language, is coining up within six months.. Comments on this rezoning to revise the conditions proffered by the Applicant were offered by Planning, the County Attorney, Fire & Rescue, and Public Works. The revised Proffer Statement is in an acceptable legal forni. STAFF CONCLUSIONS FOR THE 12/04/13 PLANNING COMMISSION MEETING: This request for a minor revision to the proffer statement associated with rezoning R7#01-09, Silver Lake relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning. Executed proffers dated November 4, 2013 are provided as well as a redline version of the proffer update. The revised Proffer Statement is in an acceptable legal form. These modifications to the proffer statement are minor in nature and a public hearing is not required. A recommendation re,-ardin,- this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Plannin,g Commission. • Rezoning 1106-13 — Silvcr Lakc LLC December 2, 2013 Page 5 PLANNING COMMISSION SUMMARY & ACTION OFTHE 12/04/13 MELTING: Staff reported the site provided for by proffer for the development of the new fire and rescue facility and support services on Route 50 has been moved to a new site on Corporate Place Drive, near the intersection with the newly developed National Lutheran Home Boulevard. Staff noted the proffer statement submitted which modifies this proffer is dated November 4, 2013. The project's representative added that the original rezoning with the former fire and rescue site had proffered a preemption signalized intersection at Route 50, which would allow fire and rescue vehicles to turn lights red when preemption signalized intersection has been changed to the existing approaching the intersection. Ile said the signal on Lutheran Boulevard. A Commissioner asked for clarification concerning the date change within the proffer from five years to a specific date, April 21, 2014. Staffrcphed the original profTer provided a time period in which the project should move forward with triggers and was approximately four to five years from the original rezoning; the April 21, 2014 date is essentially the same time frame placed within the original proffer statement. A Commissioner inquired about the two flrlUr•e alternative routes to the west on the GDP in the location of the relocated fire and rescue site. The projcct's representative replied at the time oflhe original rezoning, the traffic study indicated a neccl, and the Board desired, a connection to Poorhouse Road, and the applicant had provided those two road options; those two road options were a part of the original proffer and do not have any part of the relocation of the fire and rescue site. There were no citizen comments. The Planning Commission unanimously recommended approval of the rezoning and the revised proffer statement. (Note: All members of the Commission were present.) Following the public meeting, a decision regarding this rezoning application by the Board of'Supervisors i>>ould be appropriate. The applicant should he prepared to adequatell, address all concerns raised by the Board of'Supervism Mt (Industrial, Light District) M2 (industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: REZ # 06 - 13 Frederick County Dept < Silver Lake LLC Planning 8Devebpr 107 N Kent St PINS. Suite 202 e 52 - A - C, 52 - A - 52, Winchester. VA 226, 52 - A - 50A. 52 - A - 63 540 665 - 5651 Rezoning Proffer Revision Map Created: November 13 2013 Staff: mruddy 0 500 1.000 2.000 Feet 0 0 Greenway Engineering N—ornber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 238.96± acres; Tax Parcels #52-((A))-C, 52-((A))-50A, 52-((A))-52, and 52-((A))- 63 (here -in after- the "Property") RECORD OWNER: Silver- Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: November 4, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as arnended, 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 conditional zoning amendments to Rezoning Application 01-09, which rezoned 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50); development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. The conditional zoning amendments within this document are intended to apply to the 238.96± acres of B-2, Business General District, while the 131.06±-acres of MS, Medical Support District will comply with the conditions approved as part of Rezoning Application #01-09 on April 22, 2009, identified as Section B. MS, Medical Support District Area. In the event that the conditional zoning amendments are not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. File #4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering No—mber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated October 24, 2013, The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via National Lutheran Boulevard as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on National Lutheran Boulevard to provide access to the CCRC. File #4928S/Silver Lake LLC Rezoning 0 Greemvay Engineering Nt—omber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 C. B2, Business General District Area The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-fool green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of National Lutheran Boulevard and "Trader Drive throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located outside of the public right-of-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between National Lutheran Boulevard and Northwestern Pike as specified in Section C(8) of the proffer statement. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 4 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide, This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of National Lutheran Boulevard as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between National Lutheran Boulevard and Trader Drive. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Trader Drive and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009: Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the 132 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primau-y structure. ➢ Common area maintenance agreements. D. Transvortation Enhancements 1, The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t11 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase I transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. File 1149285/Silver Lake LLC Rezoning 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to frilly fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated National Lutheran Boulevard. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section 1)(2)(c) of the proffer statement. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated National Lutheran Boulevard. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing National Lutheran Boulevard for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard within the Property to File ii4928S/Silver Lake LLC Rezoning F 1 L_J 0 Greenway Engineering November 25, 2008; Revised January 6, 2009: Revised January 27, 2009; 7 Revised February 16, 2009; Revised February 19, 2009: Rcviscd March 2, 2009: Revised March 13, 2009: Revised March 30, 2009; Revised November 4, 2013 provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Trader Drive, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on National Lutheran Boulevard at the intersection of Northwestern Pike. National Lutheran Boulevard shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing National Lutheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with National Lutheran Boulevard as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the 132 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a File N4928S/Silver Lake LLC Rezoning 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 8 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7'h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any ,Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Trader Drive, The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Trader Drive for access to Northwestern Pike. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in File #49285/Silver Lake LLC Rezoning 0 0 Greenway Lnginecring November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 9 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 accordance with VDOT standards for approval to install traffic signalization at this intersection. d. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with National Lutheran Boulevard, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Trader Drive. These improvements shall be completed prior to lie approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Trader Drive intersection improvements on Northwestern Pike. Additionally, the Applicant. shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Trader Drive, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). c. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of National Lutheran Boulevard constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for National Lutheran Boulevard and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on File R4928S/Silver Lake LLC Rezoning 0 w Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009, 10 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and .10.5,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants, In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior File #4928S/Silver Lake LLC Rezoning 0 Greenway Engineering Nu.ember 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 11 Revised February 16, 2009; Revised February 19, 2009; Revised March 2. 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Prograin: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for a second right turn lane on National Lutheran Boulevard at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with National Lutheran Boulevard, and left turn lanes and right turn lanes at all File 1i4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 12 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009, Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 commercial entrances as required by VDOT, which will provide for a connection between National Lutheran Boulevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with File #49285/Silver Lake LLC Rezoning 11 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will he provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(0, D(3)(d), and 1)(3)(e) of the proffer statement. The annual traffic counts shall begin in [lie first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and File #49285/Silver Lake LLC Rezoning i r Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 14 Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 support facilities on or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 15 Revised February 16. 2009; Revised February 19. 2009; Revised Much 2. 2009. Revised March 13, 2009: Revised March 30, 2009; Revised November 4, 2013 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: / Date: I j Commonwealth of Virginia, City ount f To Wit: The foregoing instrument was acknowledged before me this + day of November 20!, ' by a ✓v► e:; 1? . LU My Commission Expires 1->r 10, Zvi ZG 1 l� -Re� 16+1-C6 io # Zvi to I 0 (0 File 84928S/Silver Lake LLC Rezoning Notary Public NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGEND PHASE I 0 PHASE 2 0 PHASE 3 _ PHASE 4 BY OTHERS 0 - LANDBAY LEGEND MS DISTRICT B2 DISTRICT FIRE a RESCUE SITE = GREEN STRIP AND PASSIVE 0 OPEN SPACE TRAIL LEGEND A A OPTION �1 F r B2-DISTRICT aaa a a a a a a a a t as ROUNDABOUT '- 12-DISTRICT o � 4 ; GENERAL LOCATION I OF I FIRE A RESCUE stm I �v A. � rtmuw __ cnora B2-DISTRICT MS -DISTRICT y�0 �cc A B2-DISTRICT �\.. B2-DISTRICT ouunAt wcAnow l OF \\ ,.A..Ivt OM w0. AREA ZL I �. Z. 50' GREEN STRP 50' GREEN STRIP 50. GREEN87W cno� 0 z NONE W z a z W " o m m " Q u c "mom 3 �" N W o 9� yu W � go)c U) ccU 0. q � J � F W Z cz Ca 0 W Q o > w� W W E- o a m- U I' I U caaQ W J N cc =w W z ccLLI J H z LLI DATE: OcL 24, 2013 SCALE: NT3 DESIGNED BY: IIRS JOB NO. 49283 SHEET 1 OF 3 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. LENGEND 10'ASHPALT BICYCLE S PEDESTRIAN FACILITY ORNAMENTAL TREES ORNAMENTALSHRUBS bNPALT BICYCLE & PEOES - - - - - - _ 10 P TRIAN FA ILITY Io 00 R/W l 30' MAX - - - - — — R/W INTERSECTION OF NORTHWESTERN PIKE & NATIONAL LUTHERAN BLVD. 7 PHASE , LEFT TURN LANE Sl t4AL1ZED INTERSECTION PHASE 4 50' GREEN STRIP NORTFMIE \ 1 LEFT TURN LANE INTERSECTION OF NORTHWESTERN PIKE & TRADER DRIVE 50 G#lEEN STRP PHASE 2 SK3fVAL1ZE� LEFT TURN LANE INTERSECT)ON 50' GREEN STRIP - - - - - -------- — IL — ---------- PHASE 2 RKI-fT TURN LANE i PHASE-4_ —PHASE 4 THROUG31 LANE NORTHWESTERN PIKE RKIHHT TURN LAW PHASE 2 LEFT TURN LANE Z Q J a Z h H W Z 2 oQ IL W a O > w�D W W F- o > L) G � �a W J X o ow N m� J W w z J LU Z H W Q DATE: Oct_ 24. 2013 SCALE: NTS DESIGNED BY: WR9 JOB NO. 4928E SHEET 2 OF 3 RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 !_l APPROVED Cl DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proficrs associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front oil Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of'Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by Property Identification Numbers 52-A-C, 52-A-50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of'Supervisors held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The proffcr revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. 1138-13 0 0 This ordinance shall be in effect on the date of adoption. Passed this 11 th day of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Gene E. Fisher Christopher E. Collins PDRes. 938-13 Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator ! 0 Proffer Statement Revisions with Rcdline Text w 0 Greenway Hneinecrine, November 25, 2008; Revised January 6, 2009: Revised January 27, 2009: Revised Pehniary 16, 2009: Revised Febmary 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009: Re%nrJ Nowinher d, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #O 1-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: :3-7-0 {J2--4- 2:38.96± acres; Tax Parcels 1152-((A))-C, .52 ((A)) -58; 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Rowed Hill Commercial Center & Tile Village at Orchard Ridge — A National Lutheran I-lome Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: Mai-„100 2nnn November 4, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments to Rezoning Application 4101-09, which rezoned fir--t-lie Fe on-ifig-ef 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50); development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terns and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. The conditional zoning amendments within this document are intended to apply to the 238.96-1- acres of 13-2, Business General District, while Support District will Comply with the conditions Application 1101-09 on April 22, 2009, identified as District Area. In the event that the conditional zoning not granted, then these proffers shall be deemed whatsoever. These proffers shall be binding upol successors, heirs, or assigns. n Pile tt,1928S1Silver Lake LLC Rezoning LI Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 2 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised Novemher,i, 2013 W-11-111M.I. WIND ION [.. �. PROFFER STATEMENT A. Generalized Development Plan The Applicant. hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of' the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed I'uture Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot. green ship enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated mare-h .10T 2-003 October 24, 2013. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section A 1 of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the I`CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section ' 6597 B(7) 1 G5-504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. File #4928S/Silver rake LLC Rezoning 0 0 Greenway linginecring November 25, 2008: Revised January G, 20M Revised January 27. 20M 3 Revised February 16. 2009: Revised February 19, 2009; Revised March 2, 2009; Revised March 13. 2009; Revised March 30, 20M Ro ,ked November -1, 2013 3. Where buffer areas are required and mature woodlands are in place, the Applicant Will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant prol'iers to provide initial access to the CCRC via Spinning NN ll , , Lane National Lutheran Boulevard as described in Section D(2)(0 oi' the proffer statement, and further proffers to provide a maxiIT1L1111 of two commercial entrances on Sp;;ming- Wheel Lane National L.uthcran Boulevard to provide access to the CCRC. C. I12, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model I-lonle Sales ➢ Self -Service Storage Facilities Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to 132 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a mininiurn three -gallon container at plalltlllg, as well as all asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning —Wheel Lane National Lutheran Boulevard and Silver Lake 1 a-d Trader Drive throughout the linlits of the 132 District property. All street trees shall be a IlllllllllLllm of two -Inch capped' at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between—thf Gul-h—and Idle 849285/Silver Lake LLC Rezoning 0 0 Grenway Engineering November 2.5, 2008; Revised January 0, 2009; Revised .lanuary 27, 2009; 4 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4. 2013 sidewalks and/of- th.� „halt bi ele ,El mil„ (F f ilit Ji�3y,�U3RJ UIIClI V3 outside of the public. right-of-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Laii National Lutheran Boulevard and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of inning Wheel 1 ai e National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(2)(1) of the proffer statement. ➢ The 10-fool asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lan National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section 1)(3)(e) of the proffer statement. ➢ The 10-fool asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase ]Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-toot asphalt trail located along the southern boundary of the Property identified as Area I on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Latie National Lutheran Boulevard as specified in Section 1)(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane National Lutheran Boulevard and Silver Lake ,l Trader Drive. File #4928S/Silver Lake LLC Rezoning Greenway lingincering November 25, 2008: Revised .lanuary G, 2009: Revised January 27, 20M Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009: Revisal March 30, 2009: Revi,rd No\rmber 4. 2013 `r The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver rake °^^' 'Trader Drive and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the 132 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: ➢ Building materials for all exterior walls and rooflines. Y Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the 132 District. Screening of all loading areas from adjoining properties external to the B2 District. r' Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. > Common area maintenance agreements. A Transportation Enhancements The Applicant has submitted a Traffic impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. File i14928S/Silver make I.LC Rezoning 0 9 Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27. 2009: 6 Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised Nuve,mher 4. 2013 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use Or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant. agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. cf. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Whee4 L4me National Lutheran Boulevard. The Applicant shall provide additional I'llndlllg accessary to provide for pre-emption control 1'or this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(l) of the proffer statement.. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic. signal pre-emption control shall be made available: for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior- to approval of the first Site Plan for the property, whichever occurs File;#4923S/Silver Lake LLC Rezoning 0 0 Cireenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Ro kod No<<mber 4. 2013 first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and all Castbo►Ind left tllrll lane on Northwestern Pike at the intersection of the relocated National Lutheran 101.11evard. 'These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Sp►tinkig Wheel National Lutheran 10ulevard for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spi►rn-ingWheel—Lane National Lutheran Boulevard within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Sil Lake Trader Drive, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the Construction of separate right and left tllrll lanes oil Spina;^^ Wheel Lane National Lutheran 1301.11M'd at the intersection of Northwestern Pike. Spinning Wheel -Lane National Lutheran Boulevard shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase I with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Sp4Milrg Wheel Lane National 1utheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase I if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or Cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements File #4928S/Silver lake LLC Rezoning 0 0 Greemvay 13ngineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 8 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; RO'kCd NovemhPr 4. 2013 in COnjl.lnctlon with construction activities associated With Spinning Whre=el Lane National Lutheran Boulevard as described in Section 1)(2)(f) of the proffer statement. h. The Applicant. shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent. trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. In the event that. VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 711' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 10 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revisal No\cmher 1, 2013 Trader (give intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Si4ver Lake Read "Trader Drive, and further agrees to design and construct, or cause for the COilStruCti011 Of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spimi1" Wheel Lan National Lutheran Boulevard to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spill-Ili-ng-Wheel-[ -"lie National L11111Crall BOIIIMIrd C011Stl-LlCtcd in Phase I to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to tile approval Of any Site Plan that exceeds 350,000 square feet of Conlnlcrcial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for L-me National Lutheran Boulevard and further agrees to design and ConstJ•uct, or cause for the construction of the font --lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of' the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requircnlcnts associated with this improvement. Tile Applicant shall complete these improvements in conjunction with construction activities associated with S-fiver Lake Road Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound Off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to tile approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of' office land use or equivalent trip generation as described in Section 1)(3)(a) of the proffer statement on the 132 portion of the Property. Pile 04928S/Silver lake LLC Rezoning Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 9 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009: Revised March 30, 2009: Revised November 4, 2013 b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that. VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with. VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and rSi er Lake Read Trader Drive. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit. for the land use utilizing Silver Lake Re" Trader Drive for access to Northwestern Pike. The "�,�1�pliea lt.-sha-g ding h this -tr-l:(:i , signal if the G cRs'rry-i--ccrerCrrth Gland for -, rorcc-rrfire and evef`){-dI -c7 e-1'atid for the new fi. ,l ••eseue faeilit-, the adds ien''uti-fundi„n � r • ff' al +' t • I 1 1r b yr a auia. be made available for- emptien control feF the traff e signal at the intefseetion ef Northwestem Pike alld Peaj- House Read that is desef:ibed in Seetio n D(2)(e) a f the . ffaf statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. d. The Applicant shall design and construct, or cause for the construction of improvements to Silver -Lake REMd Trade:.r Drive to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane National Lutheran Boulevard, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left. turn lane. and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Trader Drive. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent. trip generation as described in Section D(3)(a) of the proffer statement. on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Take i7o File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 12 Revised February 16, 2009: Revised February 19, 2009: Revised March 2. 2009: Revised March 13. 2009: Revised March 30, 2009: He%ncd 2011 25, 2008 Traffic impact Analysis Report for Phase 3. it is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spiniiing Wheel Lillie lie National Lutheran Boulevard to provide for a second right turn lane oil Spinning Wheel Lane National Lutheran Boulevard at the intersection of Northwestern Pike. These improvements shall be completed prior to (lie approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. 'file Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with >St3in-Hiiig—Wheel-1✓a+le National Lutheran Boulevard, and Icft turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel ran National Lutheran Boulevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the constJuction of the two-lane urban road connection between sf"+lin Wheel Lane National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need 1•61- conditional rezoning approval. The Applicant shall complete this improvement prior to the approval ol• any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or 1=ile 1149255/silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Reviscd.January 6, 2009: Revised January 27, 2009; 11 Revised Pebrumy 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009: Revised March 30, 2009; Revised November 4. 2013 h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by (lie County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 3.50,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7°i Edition Trip Generation Report) do not exceed the total trip generation specified in the November File #4928S/Silver Lake I.LC Rezoning Greenway Engineering November 25, 2(H)8; Revised January G, 2009; Revised January 27, 2009; 14 Revised February 16, 2009: Revised Fchniary 19. 2009; Revised March 2. 2009; Revised March 13. 2009; Revised March 30. 2009; Reeked N,)%omhrr 4. 2011 d. 'The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinnifig NN'heel Lane National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if' necessary) of the existing right turn lanes on Northwestern Pike at the *nnri ig--Wheel-Lai e National L(Illlcran 13oulev<u•d and c'�eF Lake lead Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the 132 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spin";"n ` lheel Lam-, National Lutheran Boulevard and FA-ve►-Lake-I�kmd 'Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(1), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County ilia), allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spin,,;.,,, Wheel Lane National Lutheran Boulevard and Silver 1✓akc�--Read Trader Drive intersections with Northwestern Pike, on Spinn-it b Wheel Lane National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lan National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of filial plan approval. E. Fire and Rescue Enhancements The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities s4,-rr,"We—Teai-.• k-em the date of !'ilia! non appealable f-eFeniiig appreyal on or before April 21, 2014. The Applicant shall dedicate a site fronting on SiI-ve{=L-ake—R-ead Corporate Place that is located near the intersection of Northwestei-ii Pie National Lutheran Boulevard, which is a minimum of' three acres and a maximum Of four acres in size, with the final size of this site being deterlllilled upon approval of the Site Plan for the new fire and rescue station facility. 'The Applicant shall prepare and provide Frederick County with the File 114928S/Silver Lake I.LC Running Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30. 2009: Revised Nuvemhcr 4. 2013 equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that. is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITG 7`I' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program., a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. Tile Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Dead Trader Drive to provide for a second left turn lane on Silver- ' ak Rear' Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. File 449285/silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised .Ianuary G, 2009; Revised January 27. 2009; 15 Revised Febmary 10, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Rey ucd NoN cmher 4, 2013 dedication plat for this site and necessary right-of-way along Corporate Place Nei,t4wes4ei-n Pike and Silver r--�L�;C ad �,Jthin- five -yea final nen-app�alZlbletteni+tippr�l�tri}-on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, il' Frederick County does not commence construction of a now fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $ ] 00,000.00 for the development of a new fire and rescue station or for the expansion of all existing lire and fescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County W411i fiv,e ye s f.0 , die date Of filial __non - appealable rezenifig re" on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved wtt-hin—fine—yeas—f-reran--he—c-late—ef finial —non appealable .fig afprevig on or hel'ore April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of filial Site Plan approval for the new fire and rescue station or for the expansion of all existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the l`ieFlhweiteFii PilW i-alter-seth- 4-vel=L-ake Read -and -on Silver Lake Ro to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. 'These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur ill advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File tt,1928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering Novemher 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 16 Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009: Re\ ised November 4, 2013 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Commonwealth of Virginia, City/County of To Wit: Date: The foregoing instrument was acknowledged before me this clay of 20_ by Notary Public My Commission Expires Pile #4928S/Silver Lake IJ_C Rezoning • Page 1 of 2 Evan Wyatt From: Rod Williams [rwillia@fcva.us] Sent: Monday, November 04, 2013 3:27 PM To: Evan Wyatt Cc: Eric Lawrence; Mike Ruddy Subject: RE: Silver Lake Proffer Amendment Evan, I have reviewed your update and it looks good. Rod From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Monday, November 04, 2013 2:32 PM To: Rod Williams Cc: Eric Lawrence; Mike Ruddy; Richle Wilkins Subject: RE: Silver Lake Proffer Amendment Hi Rod, I received comments from Planning and Public Works at the end of last week which were positive; therefore, I wanted to update the proffers to address your comments so I can get the proffer statement ready for Richie Wilkins' signature. Please review the attached document, which uses blue line revisions to address the comments below and advise me if this is acceptable. To date, we haven't received comments from the Fire Marshal or the Round Hill Fire Chief; however, I'm not anticipating that they will have any comments that will require further revisions to the proffer statement. Please contact me if you would like to discuss this information further. Thank you, Evan From: Rod Williams fmailto:rwillia(d)fcva.us] Sent: Tuesday, October 29, 2013 10:57 AM To: Evan Wyatt Cc: Eric Lawrence; Mike Ruddy Subject, Silver Lake Proffer Amendment Dear Evan, I am in receipt of the draft revised proffer statement dated October 24, 2013 (the "Revised Proffer Statement"), for the Silver Lake development, consisting of tax parcel numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 (the "Property"). Subject to the following comments, the Revised 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: • The 2009 rezoning of the Property included tax parcel number 52-A-50, as does the Revised Proffer Statement, which parcel is now owned by The Village at Orchard Ridge, Inc. The Revised Proffer Statement does not appear, however, to include a signature on behalf of The Village at Orchard Ridge, Inc. The Revised Proffer Statement would either need to include a signature on behalf of The Village at Orchard Ridge, Inc. or exclude tax parcel number 52-A-50 from its scope. The latter option might conceivably be possible, as the proposed revisions do not appear to affect the obligations of tax parcel number 52-A-50, but the former option would be preferable, to prevent any possible ambiguities. • One technical item that does involve tax parcel number 52-A-50 concerns Proffer 131. Proffer 131 cites to Section 165-97(B)(7) of the Frederick County 11 /7/2013 0 Page 2 of 2 Code. The County recodified Chapter 165 of the Code on August 12, 2009, with the result being that Section 165-97(B)(7) is now Section 165-504.02(B)(7). The substantive provisions of that code section are unchanged. It would be appropriate to update the reference in Proffer B1. • Proffers E1 and E2, regarding provision of land and a monetary contribution for fire and rescue enhancements, refer to those proffer obligations as being in force for "five years from the date of final non -appealable rezoning approval'. The introductory language of the Revised Proffer Statement, however, defines the Revised Proffer Statement as encompassing "conditional zoning amendments to Rezoning Application #01-09". While my understanding is that the County intends to move promptly on a Round Hill Fire relocation project, the language of the Revised Proffer Statement, as written, might give the County only limited time to invoke these provisions of the Revised Proffer Statement. I wonder perhaps if it might be best to change the timing references in Proffers to E1 and E2 to a date certain. I have not reviewed the substance of the revisions as to whether the revised proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us Please note new e-mail address: rw#fia@tcva.us 11 /7/2013 0 0 Page 1 of 1 Evan Wyatt From: Mike Ruddy [mruddy@fcva.us] Sent: Thursday, October 31, 2013 2:14 PM To: Evan Wyatt Cc: Eric Lawrence; Rod Williams Subject: Silver Lake, LLC Conditional Zoning Amendment Good Afternoon Evan. Planning Staff has reviewed the Silver Lake, LLC Conditional Zoning Amendment you submitted on October 25, 2013. It appears as though the proposed changes to the application are consistent with the discussions held prior to submission of this draft application. The revised proffer statement, dated October 24, 2013, achieves the intended goal of relocating the proffered fire and rescue station and support facilities. Subject to those comments provided by the County Attorney regarding the proffer statement, including the timing of the fire and rescue enhancements, and those of the other reviewing agencies, this application would be ready to submit for Planning Commission and Board of Supervisors review. We look forward to receiving the application. Thanks. Mike. Michael T. Ruddy, AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 (540) 665-6395 fax. mruddy@co.frederick.va.us 11 /4/2013 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA L— — To be completed by Planning Stuff J Fee Amount Paid $ Zoning Amendment Number 0 6- 13 Date Received PC Hearing Date 0 BOS Hearing Date � '— 3 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc, Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Silver Lake, LLC Telephone: (540) 662-7215 Address: 13 South Loudoun Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 b. Total acreage to be rezoned: NIA - Conditional Zoning Amendment C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A - Conditional Zoning Amendment d. Current zoning designation(s) and acreage(s) in each designation: B-2 District 238.96 +/- acres; MS District 131.06 +/- acres e, Proposed zoning designation(s) and acreage(s) in each designation: B-2 District 238.96 +/- acres; MS District 131.06 +/- acres f. Magisterial District(s): Gainesboro District 12 0 5. Checklist: Check the following items that have been included with this application. Location map _ ✓ _ Agency Comments _ ✓ _ Plat _ _ Fees Deed to property _ _ Impact Analysis Statement Verification of taxes paid _ V _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf"s) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: N/A - Conditional Zoning Amendment 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Information 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). 13 0 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are hue and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: 10 z4 13 Date: Date: Date: NORTHWESTERN PIKE • 31 1 29 25 24 RR -Winchester & Western R�U \ Np hit Legend Project Outline Adjoining Property Parcel Boundary F I 52 A 50A 27 52 A 63 26 23 11 20 4 52 A C 18 .52 A 52114 12 15 2 • 52 A 50 F F 0 8 WALMART pR 0 a)CR0CK WELLS MILL pR J 11HWES ORT w TGo., � Feet S 700 350 0 700 1,400 a• Z N N _ N O C N Wry N � � W r o z o j J V LL W N � NJ m q � o o _ _ Z O a; p � W W v r W do) c d 0 �s w a- Q U W J � w w Y a- Q O J cl� a- W U J Z Cn Z O 0 Q J o Q � cf)J W F U U) o-(.Dw Q Cr Q Z w 0 > m 0 z 0 00 W > � W W F F— v Y d Cf) Z 0 0 1Cr 0 U.J W � U Y U O Cn ? Z 0 a LL O WCD o W W o n Q Z � u Q N C 0 � LIJ ui a Q c) 0 N Map Data Source Frederick County, Va GIS Department, 2012 Data 0 0 Silver Lake LLC Adjoining Properties Listing Number Tax Map Number Owner Mailing Address City and State ZIP 1 52 A 47 CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 2 52 A 48 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 3 52 A 49 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 4 141 A 170 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 5 53 A 69 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 8 52 A B WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 9 152 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 10 52 A 71B BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR WINCHESTER VA 22602 11 52 A 71C BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR WINCHESTER VA 22602 12 52 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 14 152 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 15 52 12 Al WEBBER CHARLES L- WEBBER BETTY C 2539 NORTHWESTERN PIKE WINCHESTER VA 22603 16 52 A 229 TRUSTEES OF LIGHTHOUSE BAPTIST - CHURCH 2581 NORTHWESTERN PIKE IWINCHESTER VA 22603 17 52 A 228A TRUSTEES OF LIGHTHOUSE BAPTIST - CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603 18 52 A 53 TURNER BERNARD L -TURNER CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 19 152 A 227A SMITH KENNETH H 2587 NORTHWESTERN PIKE WINCHESTER VA 22603 20 52 A 54 ROBINSON C L- C/O TONY E ROBBINS 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 21 52 A 226 KERNS LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 22603 22 52 A 194 ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 23 52 A 193 TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 24 152 A 166C TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 25 52 A 166 CATHER DAVID LEE -SEE BETTY JO 1159 MARTINSBURG PIKE WINCHESTER VA 22603 26 52 A 55 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 27 52 A 56 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 28 52 A 57 HAINES PHILIP C & DIANA N TRUSTEE - HAINES ANNELIESE E 675 POORHOUSE RD WINCHESTER VA 22603 29 152 A 58 VERRET ROY A - VERRET BETTY C PO BOX 283 WINCHESTER VA 22604 30 52 A 59 HAINES PHILIP CTRUSTEE ETALS 675 POORHOUSE RD WINCHESTER VA 22603 31 52 A 60 HAINES PHILIP C - HAINES DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL Cf STEPHENS CITY VA 22655 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 34 152 A 66 TANABE EMI 350 POORHOUSE RD WINCHESTER VA 22603 35 52 A 65 COCHRAN CHARLES E JR - COCHRAN MARIAM G 208 FOX DR WINCHESTER VA 22601 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 22601 39 152 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603 40 52 3 4 MERRITT LARRY D - MERRITT SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603 41 52 A 44 ROBARE CHRISTOPHER E - ROBARE MARY C 425 POORHOUSE RD WINCHESTER VA 22603 42 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA 22603 43 52 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603 44 152 A 46A I MOLDEN REAL ESTATE CORP 12400 VALLEY AVE WINCHESTER VA 1 22601 Source: Frederick County GIS, October 2012 •',fir _ � _ r 725 n�cc W N N � W _ 'lP���, • � � ,, , � N W E � rry c o 5. ;j41rf` LL i t s Y o Wc EO V, • �Q c c 3 I N 22 d v ' 1/ 65d � � � � • ; Z L G P y N W cr / W z b z w t,• p � �QO 52 A SOAK v t' i U w / -J �a ' w O 2 ® 0a / �® 52 A 63 l Q z z -J z0 �_ , �_ 52 A C !� r� Q LLJ � J U QO 627 r� 52 A 63 �'� Z J NORTHWESTER PIKEMile O 620 pester & Western RR .RpUN�,�A��s1� NORTHW Winc ` ESTERN _�1,t` �ATHY,r) T % U w J �_ L�—d `U r' ! 1 t ^F 'r�I ��%' J Q Q < > ado LiJ Project Outline j {Fti. ! , ''; �'"O �,,fLIJ ~ Y z_ Z z Project Parcel Boundary y � ,% Q z 0 C� 0 Parcel Boundary b (If N U Ui LLJ � Y a r---- l oZ ° ° U Winchester City Limits �� , •` �.=� . J z a o �---J �� A ^✓I, yi p ♦ '. ; '�`w�� `+ / U m Q M o Feet '� ,;. d��' � o Q Df '� N 1,000 500 0 1,000 2 000L w w Opp < Map Data Source Frederick County, Va. GIS Department, 2012 Data. Aerial Photo from 2010 it 0 December 13, 2013 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #06-13, Silver Lake, LLC PINS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 11, 2013. The above -referenced application was approved to revise proffers associated with Rezoning #01-09. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by the Property Identification Numbers 52-A-C, 52-A- 50A, 52-A-52, and 52-A-63 in the Gainesboro Magisterial District. The proffer statement, originally dated November 25, 2008, with final revision date of November 4, 2013, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present 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, Michael Ruddy, AICP Deputy Director MTR/pd Attachment cc: Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioner Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/original Resolution and Proffers REZONING APPLICATION 806-13 SILVER LAKE, LLC. Staff Report for the Board of Supervisors Prepared: December 2, 2013 Stall Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 12/04/13 Recommended Approval Board of Supervisors: 12/1 1/13 Pending PROPOSAL: To request a minor revision to the proffer statement associated with rezoning RZ#01- 09, Silver Lake. This revision relates to the relocation Of the site provided for the development of a new fire and rescue facility and support facilities. LOCATION: The properties arc located On the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard, and east of Poor I OLIsc Road (Route 654). Primaiy access is provided via the newly developed National Lutheran Boulevard. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/11/13 BOARD OF SUPERVISORS MEETING: This request for a minor revision to the proffer statement associated with rezoning RZ901-09, Silver Lake relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The Plalllllllg COmI11iSSiOl1 U11amlllously I'ec011 mended appl'oval of Rezoning #06-13, the Proffer Revision of Silver Lake, L.L.C. The new location for the fire and rescue Site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified On the updated GDP (Generalized Development Plan). h1 addition, the revised Proffcr Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning. Lxecuted proffers dated Novcniber 4, 2013 are provided as well as a redline version of the profci- update. The I'evlsed PI'offel' Statement Is in all acceptable legal fonii. These modifications to the p1'offer statemeIt ai-e minoi- in natUt'e and a 1)Ubllc heat-ing is not I'equll'ed. Folloiving the public ineeting, a dechion regarding this rezoning (application by the Board o% Supervisors would be appropriate. The applicant should be prepared to adeguately address all concerns raised by the Board or Supervisors. Rezoning t106-13 — Silver Lake LLC December 2, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide infor-mation to the Plannin- Commission and the Board of Supervisors to assist them in rnakirrg a decision on this application. It may also be useful to othei*s interested in this zoning matter'. Unresolved Issues concerning this application are noted by stlrff rvhei-e relevant throughout this staff report. Reviewed Action Planning Commission: 12/04/13 Recommended Approval Board of Supervisors: 12/1 1/13 Pending PROPOSAL: To request a minor revision to the proffer statement associated with rezoning RZ#01-09, Silver Lake. This revision relates to the relocation of the site provided for the development of new fire and rescue facility and support facilities. LOCATION: The properties are located on the North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and Last of Poor House Road (Route 654). AGISTCRIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50A, 52-A-52, and 52-A-63 PROPERTY ZONING: B2 (General Business) District and MS (Medical Support) District, with proffers. PRESENT USE: Residential, National Lutheran Village at Orchard Ridge, Vacant, Agricultural, ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) 132 (Business Gencral) East: 132 (Business Gencral) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/AgrlCUltural Rezoning 1106-13 — Silver Lake LLC December 2, 2013 Page 3 REVIEW EVALUATIONS: Frederick County Public Works: The Public Works Department supports the proposed revisions to the Silver Lake, LLC proffer statement date October 25, 2013. Frederick Count Fire Marshal: Plans approved. Fire and Rescue Company: Alter review of the proffer statement elated October 24, 2013 (revision date), I find the revision to be correct and accurate in regards to the Fire Station proffers. County Attorney: Please see-tuached e-mail,fi•om Rod IVilliams, Counly.411orney to Evan I'hya[I dared October 29, 2013 and November 4, 2013. Planning & Zoning: 1) Site History The property was inClucicd in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to irlclUdc these and other properties and provided for an improved land use plan for the Round Hill COnlnlunity. This was approved by the Board of Supervisors on November 2007. In 2009, this property was rezoned consistent with the Comprehensive Plan and the Round Hill Land Use Plan. Rezoning RZ#01-09 was approved to rezone 370.02 acres to the MS (Medical Support) District and the B2 (Business General) District with proffers for a Continuing Care Retirement Co11111111I11ty and COII1increial land Uses. The B2 (Business General) portion Of this property (238.96 acres) 1S Subject t0 this CLI1'1'ellt application for a revision to the proffered conditions. The National Lutheran Village at Orchard Ridge project opened earlier this year and continues its development on the portion of the property that is zoned MS (Medical Support). 2) Comprehensive Policy Plan The Frederick County 2030 Comprehensive Plan is an official public ciocunlellt that serves as the COI11111L1111ty's guide for making decisions regarding development, preservation, public faculties and Other key componcntS Of COMITIL1111ty life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a COI11pOS1tlOn Of policies Used t0 plan for the fUtUre physical development Of Frederick County. Land Use This application to modify the proffered conditions associated with four of the five parcels that made up RezoniIlg Application RZll01-09 for a C0I1tillUir1g Care Retlr'clllcllt Community and commercial land uses reIllains generally consistent with the 2030 Comprehensive Plan, and the Round Hill Land Use Plan. Rezoning #06-13 — Silver Lake LLC December 2, 2013 Page 4 3) Proffer Statement The applicant has provided a revised Proffer Statement, dated November 4, 2013, which lllost substantially provides for the relocation of the site provided for the development of a new fire and rescue facility and support facilities, Proffer E.1. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the Iire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor changes that relate to the actual development of the site since the original rczzoning; the renaming of streets to reflect the Current road names, the restating Of flew Zoning Ordinance references, and further clarifications that reflect site development conditions such as in Proffer C. 6. One additional change is the restating Of the Fire and Rescue enhancement proffer provision from "within live years from the date of final non -appealable rezoning approval" to "oil or before April 21, 2014". It is important to recognize that this date in Proffer E.I., while consistent with the previous language, is C011lillg lip Wlthill SIX I11011thS.. Comments on this rezoning to revise the conditions proffered by the Applicant were offered by Planning, the County Attorney, lire & Rescue, and Public Works. The revised Proffer Statement is in an acceptable legal form. STAFF CONCLUSIONS FOR THE 12/04/13 PLANNING COMMISSION MELTING: This request for a minor revision t0 the proffer Statement associated with rezoning RZ#01-09, Silver Lake relates to the relocation Of the site provided for the development of a new fire and rescue facility and support facilities. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran I301-levard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. Tile proposed general location of the fire and rescue site is further iclentiIlCd on the Updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of tlic site siIlce the Original rezoning. Executed proffers dated November 4, 2013 are provided as well as a redline version of the proffer Update. The revised Proffer Statement is ill all acceptable legal form. Thesc modifications t0 the proffer statement are minor ill nature and a I)Ublic ]fearing is not required. A i'ecoi1111 en(lation nganfinq thi.y i-ezoning application to the I3oai-d of.Sllpen,lsol-s IUOUld be appmpl'lllte. The applicant shouhl be pfeplll'ed to a(leguatL'w a(hh—ess (ill concerns mised by the I'lanning Commission. Rezoning 1106-13 — Silver Lake LLC December 2, 2013 Page 5 PLANNING COMMISSION SUMMARY & ACTION Or THE 12/04/13 MELTING: Staff reported the site provided for by proffer for the development Of the new fire and rescue facility and support services on Route 50 has been moved to a new site on Corporate Place Drive, near the intersection with the newly developed National Lutheran Home BOUIevard. Staff noted the proffer statement submitted which modifies this proffer is dated November 4, 2013. The project's representative added that the original rezoning with the former fire and rescue site had proffered a preemption signalized intersection at Route 50, which would allow fire and rescue vehicles to turn lights red when approaching the intersection. He Said the preemption signalized intersection has been changed to the existing signal on Lutheran 1301.11evard. A CO111missIoncr asked fol' clarificatioll Concerning the date cllallge within the proffer front five years to a specific date, April 21, 2014. Staff replied the original proffer provided a time period in which the project Should move forward with triggers and was approximately four to five years from the original rezoning; the April 21, 2014 date is essentially the Sallie time frame placed within the original proffer statement. A Commissioner ingUired about the two fUtUrC alternative routes to the west on the GDP in the location of the relocated fire and rescue Site. The project's representative replied at the time ofthe original rezoning, the traffic study indicated a need, and the Board desired, a connection to Poorhouse Road, and the applicant had provided those two road options; those two road options were a part of the Original proffer and do not have any part of the relocation ofthe fire and rescuc Site. There were no citizen comments. The Pla111111lg COI11I111SSloll lllla111111OLISly recommended approval of the rezoning and the revised proffer statement. (Note: All members of the Commission were present.) Following the public meeting+, a decision this rezoning application by the Board ofSupen,hors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board o%'Supervisors. t yeti •d a btlYv g0 ^S .N REZ0613 50A NA`\aNP,\. ■REZ061 5 7 A = ' R I(Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) I(Residential Planned Community District) I(Residential Recreational Community District) RA (Rural Area District) RP IRPsidential Performance District) D _m Roun Cro Subdiv CK Cfp wf113 - `^M(ILI D I V 1 a 1 so "P 17 HILL RD% Of, !° Al WAY OR 0 SO P+i ROUND MRL RD tr4� Q1 Note: REZ # 06 - 13 Frederick County Dept of Planning Developme^e Silver Lake LLC 107 N Kent St PINS: Suite 202 52 - A - C. 52 A 52. Winchester VA 2260' 52 - A - SI 52 - A - 63 540-665-5651 Rezoning Proffer Revision neap Created: November 13. 2013 Staff: mruddy 0 500 1,000 2.000 Feet RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning 90 1 -09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will Front on Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by Property Identification Numbers 52-A-C, 52-A-50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new Fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with Final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front oil Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. 1138-13 This ordinance shall be in effect on the elate of acloption. Passed this 1 1 th clay of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Robert A. Hess Robert W. Wells Gene C. Fisher Charles S. Del-laven, Jr. Christopher C. Collins A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. 838-13 Proffer Statement Revisions with Redline Text • • RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 1 1, 2013 �� APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new lire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by Property Identification Numbers 52-A-C, 52-A-50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board 01�Supe1-vis01-s held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. 1/00-13 • 0 This ordinance shall be in effect on the date of adoption. Passed this I 1 th clay of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Gary A. LoPon Robert A. Hess Gene E. Fisher Christopher E. Collins Robert W. Wells Charles S. DeHaven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes. 1100-13 6reenway Engineering November 25, 2009; Revised January 6, 2009: Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: �70.02-±- 238.96± acres; Tax Parcels #52-((A))-C, 52 ((,A,)) 50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National LUtheran Home C0111111U11ity ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: Mai -eh ?0 2nnn November 4, 2013 Preliminary Matters Pin-Suant to Section 15.2-2296 Et. Secl. O1 the Code 01 V11'glnia, 1950, as amended, and the provisions of the Freclerick County Zoning Orclinance with respect to conclitlonal zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Freclerick County, Virginia, shall approve conditional zoning amendments to Rezoning Application #01-09, which rezoned rb^- the Fezoning E) 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50); development 01' the subject property shall be clone in conl'ormity with the terms and conditions set forth herein, except to the extent that such terms and concitions may be subsequently amended or revised by the Applicant and such be approved by the Freclerick County Boal'd 01 Sl1pel'v1S01's In accordance With the said Code and Zoning Ordinance. Tile conditional zoning amendments Within this docnnlent al-e intended to apply t0 the 238.96± acres of B-2, Business General District, while the 131.06±-acres of MS, Medical Support District will comply with the conditions approved as part of Rezoning Application #01-09 on April 22, 2009, identified as Section B. MS, Medical Support District Area. In the event that the conditional zoning amendments arc sueh i-eze in i b not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Pile #4928S/Silver Lake LLC Rezoning Grecnway Engineering November 25, 2008; Revised January 6, 20(19: Revised January 27, 2009; 2 Revised February 16, 20ft Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November d, 2013 0 RU ! . • • \ 6 9 . PROFFER STATEMENT A. Generalized Development Plan The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identii'y the general location of the B-2, Business General District and NIS, Medical Support District areas, the general location of the prOpOSCCI FLItLlre Fire and RCSCLIC Station area, the general location OI' the proposed future passive open space area, the general location Of the 50-foot green strip enhancement area, the general location of the 10-Pool asphalt trail system, and the general location Of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in Substantial conformity with the proffered GDP, prepared by Greenway Engineering dated Ma-reh 30, 2999 October 24, 2013. The GDP iS recognized to be a COi1CCptUal plan and may be adjusted by the Applicant to accommodate final design and engineering COI1StrailltS WitllOLlt the ileed Of new conditional rezoning approval by the Frederick County Board ol' Supervisors, provided that the adjustments do not eliminate Or substantially relocate the areas described in Section A I of this proffer statement. B. MS, Medical Support District Area The Applicant hereby proffers to develop, or cause f7or the development of a Continuing Care Retirement Co111mUllity (the "CCRC") oil the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section ' 6s, 9713(7) 165-504.02(13)(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to Unlit the maxlI11L1111 residential density within the CCRC to eight UI1ltS per acre. The maxill1L1111 residential density total Shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. File 1t,1928S/Silver Lake LLC Rezoning 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 20M 3 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 3. Where bLlller areas are required and matL11-e woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via i,-�s NXI l� LL' Lai,, --National Lutheran Boulevard as described in Section D(2)(f) of' the proffer statement, and further proffers to provide a maximum of two commercial entrances on Spinning Wheel Lane National Lutheran Boulevard to provide access to the CCRC. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the 1-ollowing land uses currently allowed within the B2 District: Truck Stops Golf Driving Ranges Outdoor Batting Cages Model Home Sales Self -Service Storage Facilities Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to 132 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridoI- that is 50 1-eet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-Pool green strip shall be enhanced with street trees that are a minimum of 2-larch caliper at planting and spaced a rnaxrll7L1I11 of 30 feet oil center, ornamental shrubs that are a InilliI11Urn three -gallon contaiIler at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian Facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane National Lutheran Boulevard and c;'.,e!- Take "^^'' Trader Drive throughout the limits of the B2 District property. All street trees shall be a IllilliI11U111 0l two-inch caliper at time o1 planting and spaced a maxllllLlm 40 feet on center. The street trees shall be located betwe 'cry the baek of eurb RHEI File #49285/silver Lake LLC Rezoning Greenway Engineering November 25, 20ft Revised January G, 2009; Revised January 27, 2009: 4 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009: Revised March 30, 2009; Revised Novemher 4, 2013 S d_ .. __iIE_ _____I/ tile l)llall hie,lele ME! pedeStFiall ia`ilii OLltSidC Of' the public right-ol'-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between SlAiming Wheel tee National Lutheran 1301.1levard and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all reC Uired bUf lei' and screening areas adjacent t0 laird primarily Used f0r residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the Construction of all asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: The 10400t asphalt trail located along the South side of the Phase 1 segment of Sp+i-rning-Wheel-L-ane National Lutheran BOUIevard shall be developed during the construction of this road segment as specified in Section D(2)(0 of the proffer statement. The 10400t asphalt trail located along the south side of the Phase 2 segment of S1; ming Wheel le National Lutheran BOLllevard shall be developed during the construction of this road segment as specified ill Section D(3)(c) of the proffer statement. The 10400t asphalt trail located along the passive open space area shall be developed on or before the completion of the Commercial development I)CCIllittCCl LlndCl' file P11,ISC (Transportation Program as Specified in Section D(2)(a) of the proffer statement. The 10-foot asphalt trail located along the SOLlthern I)OLIndary Of file Property identified as Area 1 on the GDP shall be developed during the Construction of the Phase I Segment of Spiniiing Wheel Lane National Lutheran Boulevard as specified in Section D(2)(f) of the proffer statement. The 10-foot asphalt trail located along the Southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the iSSUance of the OCCLlpallCy permit 1SSUed for the first commercial bLlilChllg permit located in the land bay between Spinning Wheel ane National I-Lltheran Boulevard and Stet- L-ake Trader Drive. File #4928S/Silver Lake LLC Rezoning (ireenway Engineering November 25, 2005; Revised January 6, 2009: Revised January 27, 2009; 5 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Reviud November 4. 2013 The 10400t asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance Of' the Occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake n^^' Trader Drive and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the SL►bdIVlSloll of lalld within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents Shall include, bUt 110t be hlllited to, the Following design elements: i' BLllldlllg illaterials for all exterior Walls and rooFli►les. ➢ Materials for all monument freestanding business signs. Tile materials For the base o1 all n1OnLlnlent freestanding business signs Shall be consistent throughout the 132 District. Screening of all loading areas from adjoining properties external to the B2 District. Screening Of outdoor dulllpster pad areas with building materials consistent with the primary structure. i Common area maintenance agreements. D. Transportation Enhancements The Applicant has Submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section Of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval W1tIlOL►t the need IOr conditional zolli►lg amendment to the GDI' or the proffer statement. File 114928S/Silver Lake LLC Rezoning Grecnway Engineering November 25, 2008; Revisal January 6, 2009: Revised January 27, 2009: G Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maxinlulll of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this lallCI LISC mix aSSLlnllilg the total trip generation for site plans Within this phase of the traIsportation program (based oil the ITE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase I transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt t0 design all off' -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees t0 assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. IZoute 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of filial non -appealable rezoning approval, or prior to he pl'Opefly, WhlcheVel' OCCIII'S f1I'Sl. approval of the first Site Plan for t d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization With pedestrian actUalizatlon at the inteIsection of Northwestern Pike (U.S. Route 50) and the relocated Spinning `N, &-me National Lutheran BoLdevard, The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic Signal if the County requests the land for the new fire and rescue facility provided in Section E(I ) of the proffer statement. In the event the County does not reCluesl the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section 1)(2)(c) of the proffer statement. The traffic signalization agreement shall be executed Wlthlll one year of final doll -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs Pile 114928S/Silver Lake U,C Rezoning • 0 Grcemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 7 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009: Revised March 30, 2009: Reviud November 4. 2013 first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic Signalization at this intersection. e. The Applicant shall design and construct, or cause fOr the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel National Lane Lutheran Boulevard. These improvements shall be completed prior to the 1SSLiance Of the first occupancy permit for the land use utilizing Spinfling Wheel eL —;tee National Lutheran Boulevard for access to Northwestern Pike. f. The Applicant Shall design and construct, or cause for the Construction of improvements to Spinning Wheel Lane National Lutheran Boulevard within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with iW Lake °^^E' Trader Drive, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and Construct, or cause for the construction of separate right and left turn lanes oil Spinning Wheel Lane National Lutheran Boulevard at the intersection of Northwestern Pike. Spinning Wheel National Lutheran Boulevard Shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The C011StrLlCh0l1 of the two-lane road section shall include a raised median Section necessary t0 transition from the roundabout into the nrbaIl road section design. These improvements shall be Completed prior to the issuance of the first Occupancy permit for the land use utilizing Spinning rheel Lane National Lutheran Boulevard for access to Northwestern Pike. FLII't1CI-11101-C, the Applicant agrees to design and construct, or cause for the Construction of the four -lane urban section between the future rOLlndabOLlt and file 11I111tS Of Phase I if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant Shall design and Construct, or CaLlse for the C011Stl-LICtI011 Of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall CICLCI-I11I11C the requirements for modification, oi' elimination and shall advise the Applicant in writing of the reglllrementS associated with this improvement. The Applicant shall complete these improvements Pile #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 8 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4. 2013 ill COiI)L►llCtiOl1 With COl1StRICtion activities associated With Spinning M11 L►le National I-L1thCfall Boulevard as described in Section D(2)(O Of the proffer statement. h. The Applicant shall design and construct, Or caLlSe for the C011St1'L1CtiOl1 of li11pl-OVCl11Cl1tS to the Southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval Of any Site Platt that exceeds 180,000 square feet of commercial land use Or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary Contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary Contribution in lieu of the improvement described in Section 2(h). This monetary COIltribUti011 shall be egUlvale►lt t0 the amount associated With the improvement described ill that section based Upon all engineering estimate agreed Upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out 01' the Phase I transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation) improvements programs Or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of' office land use within Phase 2 that is a Cumulative total of' Phase I — Phase 2. However, the Applicant can deviate from this lalld Use mix aSSUming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial lalld use and 105,000 square feet of office land use or egUivalellt trip gencration as noted above on the B2 portion of the Property. File 4t4928S/Silver Lake LLC Rezoning Greenway Engineering Novemher 25, 20M Revised January G, 2009; Revised January 27, 2009; 9 Revised February 16, 2009; Revised I'ehruary 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvemeIts within public right-of-way; however, if' necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. T11C Applicant agrees t0 asSLIme all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fLIllCl new traffic signalization with pedestrian actUalization at the 1ntersect1011 Of Northwestern Pike (U.S. Route 50) and Silver Lake Read Trader Drive. The traffic signalization agreement shall be executed prior to the issuance Of the first occupancy permit for the land use utilizing Silvef- Lake , ,l Trader Drive for access to Northwestern Pike. The Appliea it -ill ill Previele ac�cktietlul—func�i+l neeessar), f t 1 ,i ;1-tra-f-f FeSGHe faGility I ,din Seetion R(l) of the ,rolT8f* statement. in the e-v it -the—C-eu ty—does—nott reqUest tin."•—Ircind fei— then f;.•e, d reseue- f;aeility, 0 e additi011al 11di f. t,•.,fl, signal pre emption tree shall b intef-seetion of' NE)Ahwesiei-n Pike an Em- House Road that iS Eleseribed i"ee ion 1)(2)(e) of t! " effe,- st.,t m. The Applicant shall reserve the fight t0 preempt this agreement by initiatiIlg a Signal waIrant StUdy and signal design plans in accordance with VDOT Standards for approval to install traffic signalization at this intersection. d. Tile Applicant Shall design and COIIStI•LICt, or caLISC 10I' the COI strLICt10I1 Of improvements to Sil„ei- Lake Road Trader Drive to include a two-lane urban road Section with a raised median to the first available commercial entrance that Is COIIStI'UCtCCI t0 a 40 mph geometric Cleslgll Standard and provides for the Construction of the roundabout at the intersection with Spinning Wheel Lane National Lutheran Boulevard, and left turn lanes and fight turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the Construction of a median crossing including a westbound right turn lane and left tLu•n lane and an eastbound left turn lane on Northwestern Pike at the intersection of Sil„ei- rake, need Trader Drive. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which Shall be Completed with the Silvef- rake Dead File #4928S/Silver Lake LLC Rezoning • Greenway Engineering November 25, 2008; Revised January G, 2009: Revised January 27, 2009; 10 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 Trader Drive intersection improvements oil Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for >Silvef—Lake Trader Drive, and further agrees t0 design and C011SLI'LiCt, Or CaLISC f01' the COi1StRIcL10n of the fOUr-lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). c. The Applicant shall design and COIISti'IICt, Or Cal1SC f01' the COI1St1'LICt1011 Of improvements to Spinniiig Wheel Lane National Lutheran Boulevard to provide for a two-lane Urban road section that is CO11St1*l1Cted t0 a 40 mpll geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane National Lutheran Boulevard constructed in Phase I to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 Square feet of office land use Or equivalent trip generation as described in Section 1)(3)(a) of the proffer statement on the B2 portion of' the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel L-me National Lutheran I OUlevard and further agrees to design and CO11St1'LICt, or cause f01' the C011Stl'LiCLI011 of the four -lane Urban section if' this improvement is warranted based on future traffic counts as described in Section 1)(6). f. The Applicant shall design and construct, or Callse 1`01' the COIlStRICli011 Of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, Or elimination and shall advise the Applicant in writing of the requirements associated With this improveillent. The Applicant Shall complete these improvements in COi11L11lCt10I1 With COI1StRICtion activities associated with Si-I-ver LakeRead Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause fOr the construction of improvements to the northbound off ramp at the ROLIte 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section 1)(3)(a) of the proffer statement on the 132 portion of the Property. File #4928S/Silver Lake LLC Rezoning 9 0 Greenway Engineering Novemher 25, 2008: Revised Janmwy G, 2009: Revised January 27, 2009: I I Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009: Revised March 30, 2009: Revised November 4, 2013 h. The Applicant shall clesign and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provicle for a third westbound thru lane on Northwestern Pike under- the Route 37 bridge structure continuing east to the transition for the Route 37 northbOUIld oil -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of' office land use or equivalent trip generation as described ill Section 1)(3)(a) of the proffer statement oil the B2 portion Of the Property. i. In the event that VDOT and Frederick County cletermine that a monetary contribution for regional transportation improvements to the Route 37 corriclor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provicle a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based Upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provicle this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for - qualifying transportation improvements programs or grants. Ill the event that regional transportation improvements t0 the Route 37 corriclor between the Northwestern Pike interchange are constructed prior t0 the completion OI the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the aillount associated with the improvement described ill this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 clays of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to clevelop the CCRC and a maxilllulll Of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of' Phase I — Phase 3. However, the Applicant can deviate from this land Use mix asSLlllllllg the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November File #4928S/Silver Lake LLC Rezoning ( ireenway Iingincering November 25, 20W Revised January G, 20M Revised January 27. 2009; 12 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4. 2013 2.5, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that Lhe Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use Or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will OCCLII' oil the Property t0 VDOT or Frederick County. The Applicant will attempt to design all Off -site improvements within public right -of' -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered oft' -site transportation improvements. The Applicant agrees t0 assume all costs associated with right-ol'-way acquisition it' assistance lrom VDOT and/or Frederick County is required. c. The Applicant shall design and C011Stl'LiCt, of cause fOl' the COIlStJ'L1C11011 Ot improvements to Spinning Wheel Lane National Lutheran Boulevard to provide for a second fight tLil'il lane on Spinning Wheel Lane National Lutheran Boulevard at the intersection of' Northwestern Pike. These improvements shall be completed prior t0 the approval of any Site Plan that exceeds 490,000 Square feet of commercial land use and 3.50,000 Square feet of office land use or equivalent trip generation as described ill Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant Shall design and Construct, or cause for the construction of a two-lanC Urban Toad that IS COnsLrIICLCd t0 a 40 mph geometric design Standard and provides f01' I'OUndabOUt design at the intersection with S1inn illg eel Lai e National Lutheran Boulevard, and 1C11 turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide I7or a connection between Spinning Wheel Lane National Lutheran Boulevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant Shall design and COuStl-UCt, or cause for the C011stl-LlCtIOII OI the two-lane Lll'ban Toad connection between Spinfiing Wheel se National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or File i14928S/Silver Lake LLC Rezoning Grecmvay Engineering November 25, 2008; Itcviscd .Ianuary 6, 2009; Revised January 27, 2009; 13 Revised February 16, 2009; Revised February 19. 2009; Revised March 2, 2009; Revised March 11, 2009; Revised March 30, 20M Revised November 4, 2011 equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maxinuull Of 583,050 square feet of commercial land use and 494,600 square feet of office lalld Use Wllhill Phase 4 that is a CLII11Ulalive total of Phase l — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of tile transportation program (based on the ITE 7`i' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 TrafTic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square i'eet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial 01' Of f iCC lalld LISCS that exceed the maximi.1111 SgUarC feet Or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a conclition of site plan approval. b. The Applicant shall dedicate all fight-ol-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all oi'i'-site improvements within public right-of-way; however, if' necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assUllle all costs associated with right -of' -way acquisition if' assistance from VDOT and/or Frecerick County is requil•cd. c. The Applicant shall design and construct, or cause for the construction of improvements to Sily ' ^1 l�- Trader Drive to provide for a second left turn lane on Silv-e1=Eakt—ad Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement oil the B2 portion ol' the Property. Idle 114928S/Silver Lake LLC Rezoning Grccnway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 14 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 20M Revised March 30, 2009: Reviticd November 4. 2013 d. The Applicant shall design and Construct, Or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane National Lutheran 13olllcvard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) Of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane National Lutheran Boulevard and Silver Lake n ,t Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 SC1Uarc feet of'commercial mercial land USe and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the 132 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if' the 8,000 ADT volume is achieved to require the expansion of Spinning WheelLaneNational Lutheran Boulevard and Silvel=L€eke--!fie Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(1), D(3)(d), and 1)(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall COntlllUe Until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic Counts to be delayed in Calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane National Lutheran Boulevard and Silvei- Lake—lZ-ead Trader Drive intersections with Northwestern Pike, on &p4Hii-I-lg Wheel Lane National Lutheran Boulevard at the eastern boundary Of the Property, and on the two-lane road connector between Spinning Wheel Lane National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based oil the an11Ual traffic COUIItS, the Applicant shall prepare and submit Construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are filet. The ApplicaIt shall C0111111ei1Ce COI1StRICtiOn Of these improvements within six months Of final plan approval. E. Fire and Rescue Enliancements The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and Support facilities within ryeal-S!'FORA ,h Elate r final nen appealable rez ni ,t ahpi:e�N-al on or before April 21, 2014. The Applicant shall dedicate a site fronting on Silver Take mad Corporate Place that is located near the intersection of r`I,,A1,,,,este,.n Pike National Lutheran Boulevard, which is a n11I11Ill11111 of three acres and a maxllllllnl OI IOUr acres in size, with the final Size Ol this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the File 4W928S/Silver Lake LI.0 Rezoning (;reenway li0nginceringher 25, 2008; Revised January G, 20M Revised January 27, 20K 15 Revised February 10, 2009: Revisal February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised Novemher 4, 2013 dedication plat for this site and necessary right-of-way along Corporate Place non appealable pprova-l-on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence Construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant Shall provide a monetary contribllti011 to Frederick County in the allloUllt Of $ 100,000.00 for the development of a new fire and rescue station or for the expansion Of all existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or CaLiSC for the provision of'a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development Of a new fire and rescue station Or for the expansion of all existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the IVIS District portion of the Property. The $1,000,000.00 monetary contribution Shall be provided to Frederick County Witl r•. ,YeRI'Sr..,,,ll file ,iRte 01' llVl Alia! , rIl llll l appealable rezenmg vat on or before April 21, 2014 to assist with the cevelopment of the new fire and rescuC station or for the expansion of an existing fire and rescue station. However, the dale for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not beell approved a ns From the Elate of' final—nen appealable—l.ezel.fng apprevaf on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the (late of final Site Plan approval for the new fire and I'eSCLIC stat1011 or for the expansion of an existing fire and rescuC station. 3. The Applicant hereby proffers to design and Construct, or cause for the Construction of all necessary road improvements at the r`r^I•tr,ll es ,.•„ I,;,.,, +nlehseet;,hoai;ll ai.vel—L-a d and oil Silver ' ^1- to provicle access to the ncW fire and rescuC station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements t0 facilitate the constrLICt1011 Of the IleW fiI-C and I'CSCLIC Station SIIOLIId this OCCLIr In advance Of the commercial (level opment within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the clesign, bonding and Construction of these infrastructul-C improvements is coordinated during the preparation of the Site Plan for the new fire and rescuC station on the Property. File #4928S/Silver Lake I.LC Rezoning • 0 Greenway Engineering Novemher 25, 20ft Revised .1mmmy 6, 20M Revised January 27, 2009; 16 Revised Fehruary 16. 2009: Revised Fehruary 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4. 2013 F. Signatures The conclitions proffered above shall be bllldillg Upoll tile hells, executors, administrators, assigns and Successors In the Interest o1 the Applicants and owners. In the event the Frederick County Board 01' Supervisors grants this rezoning and accepts the conclitions, the proffered conclitions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Commonwealth of Virginia, City/County of To Wit: Date: The foregoing instrument was acknowledged before me this clay of 20_ by Notary Public My Commission Expires File 04928S/Silver Lake I.I.0 Rezoning . • Page 1 oh 2 Evan Wyatt From: Rod Williams [rwillia@fcva.us] Sent: Monday, November 04, 2013 3:27 PM To: Evan Wyatt Cc: Eric Lawrence; Mike Ruddy Subject: RE: Silver Lake Proffer Amendment Evan, I have reviewed your update and it looks good. From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Monday, November 04, 2013 2:32 PM To: Rod Williams Cc: Eric Lawrence; Mike Ruddy; Richie Wilkins Subject: RE: Silver Lake Proffer Amendment Hi Rod, I received comments from Planning and Public Works at the end of last week which were positive; therefore, I wanted to update the proffers to address your comments so I can get the proffer statement ready for Richie Wilkins' signature. Please review the attached document, which uses blue line revisions to address the comments below and advise me if this is acceptable. To date, we haven't received comments from the Fire Marshal or the Round Hill Fire Chief; however, I'm not anticipating that they will have any comments that will require further revisions to the proffer statement. Please contact me if you would like to discuss this information further. Thank you, Evan From: Rod Williams [mailto:rwillia@fcva.us] Sent: Tuesday, October 29, 2013 10:57 AM To: Evan Wyatt Cc: Eric Lawrence; Mike Ruddy Subject: Silver Lake Proffer Amendment Dear Evan, I am in receipt of the draft revised proffer statement dated October 24, 2013 (the "Revised Proffer Statement"), for the Silver Lake development, consisting of tax parcel numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 (the "Property"). Subject to the following comments, the Revised 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: • The 2009 rezoning of the Property included tax parcel number 52-A-50, as does the Revised Proffer Statement, which parcel is now owned by The Village at Orchard Ridge, Inc. The Revised Proffer Statement does not appear, however, to include a signature on behalf of The Village at Orchard Ridge, Inc. The Revised Proffer Statement would either need to include a signature on behalf of The Village at Orchard Ridge, Inc. or exclude tax parcel number 52-A-50 from its scope. The latter option might conceivably be possible, as the proposed revisions do not appear to affect the obligations of tax parcel number 52-A-50, but the former option would be preferable, to prevent any possible ambiguities. • One technical item that does involve tax parcel number 52-A-50 concerns Proffer 131. Proffer 131 cites to Section 165-97(B)(7) of the Frederick County 1 1 /7/2013 • • Page 2 of 2 Code, The County recodified Chapter 165 of the Code on August 12, 2009, with the result being that Section 165-97(B)(7) is now Section 165-504.02(B)(7). The substantive provisions of that code section are unchanged. It would be appropriate to update the reference in Proffer 131. • Proffers E1 and E2, regarding provision of land and a monetary contribution for fire and rescue enhancements, refer to those proffer obligations as being in force for "five years from the date of final non -appealable rezoning approval". The introductory language of the Revised Proffer Statement, however, defines the Revised Proffer Statement as encompassing "conditional zoning amendments to Rezoning Application #01-09". While my understanding is that the County intends to move promptly on a Round Hill Fire relocation project, the language of the Revised Proffer Statement, as written, might give the County only limited time to invoke these provisions of the Revised Proffer Statement. I wonder perhaps if it might be best to change the timing references in Proffers to E1 and E2 to a date certain. I have not reviewed the substance of the revisions as to whether the revised proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia@fcva.us Please note new e-mail address: rwillia @fcva. us 11 /7/2013 • Evan Wyatt • Page I of' 1 From: Mike Ruddy [mruddy@fcva.us] Sent: Thursday, October 31, 2013 2:14 PM To: Evan Wyatt Cc: Eric Lawrence; Rod Williams Subject: Silver Lake, LLC Conditional Zoning Amendment Good Afternoon Evan. Planning Staff has reviewed the Silver Lake, LLC Conditional Zoning Amendment you submitted on October 25, 2013. It appears as though the proposed changes to the application are consistent with the discussions held prior to submission of this draft application. The revised proffer statement, dated October 24, 2013, achieves the intended goal of relocating the proffered fire and rescue station and support facilities. Subject to those comments provided by the County Attorney regarding the proffer statement, including the timing of the fire and rescue enhancements, and those of the other reviewing agencies, this application would be ready to submit for Planning Commission and Board of Supervisors review. We look forward to receiving the application. Thanks. Mike. Michael T. Ruddy, AICP Deputy Planning Director Frederick County Planning & Development 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 (540) 665-6395 fax. mruddy@co.frederick.va.us 1 1 /4/2013 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Fee Amount Paid $ Zoning Amendment Number 0 L 13 Date Received I -13 PC Hearing Date 1 J BOS Hearing Date Tr The following information shall be provided by the applicant. - All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Silver Lake, LLC Address: 13 South Loudoun Street Winchester, VA 22601 3. Contact person it' other than above: Name: Evan Wyatt Telephone: (540) 662-7215 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcels) is not being rezoned): N/A - Conditional Zoning Amendment d. Current zoning designation(s) and acreage(s) in each designation: B-2 District 238.96 +/- acres; MS District 131.06 +/- acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District 238.96 +/- acres; MS District 131.06 +/- acres f. Magisterial District(s): Gainesboro District 12 5. Checklist: Check the following items that have been included with this application. Location map ✓L Agency Comments ✓' Plat _ -i_ Fees _— Deed to property _ Impact Analysis Statement _ Verification of taxes paid r/ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district _ Digital copies (pelf's) of all SUbinitted documents, slaps and exhibits G. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: N/A - Conditional Zoning Amendment 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Information 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). 13 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): lJJ c Owner(s): 2 Date: 10 7-4/13 Date: Date: Date: i 0 0 0 C N m a R�� 52 A 50A 34 30 28 H 27 r 11 52 A 63 F321 26 23 20 NORTHWESTERN PIKE F4] 52 A C _l 114 29 J- \, 52 A 52 12 31 -Winchester & Western RR R OV N� H Legend Project Outline Adjoining Property Parcel Boundary N 25 , 24 22 21 19 H 15 50 13 /� 11 � `1... NORTHWESTE c RN PIKE 11:01 9 n NtMART,%R V E<<S M11-L �R O J m J 1 • Feet 700 350 0 700 1,400 a. Z N _ �- o Wry �n W C N CCU O Z y o t C r R R J Z L U C LL L � W E C o C 3=� _� gad Z�NI W W N � _ Q1 C w Q U w w w Y n Q O J � � [Z W U J z Cn z_ O Q w 0 F- } m U 0 Q z Q v7 z LD :>� o W (/% W J Q J W } w w I- � p o J C O F U w U cn ? z C p Q a o � m w 0 � o w W o u Q z X Q N C � o W w J Q a v L j,o., ',,� F ,edenck County. Va GIS Depariment. 20' 2 Data 0 0 Silver lake LLC Adjoining Properties Listing Number Tax Map Number Owner Mailing Address City and State ZIP 1 52 A 47 CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 2 52 A 48 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 3 52 A 49 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 4 141 A 170 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 5 53 A 69 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 8 52 A B WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 9 152 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 10 52 A 71B BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR WINCHESTER VA 22602 11 52 A 71C BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR WINCHESTER VA 22602 12 52 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 14 152 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 15 52 12 Al WEBBER CHARLES L- WEBBER BETTY C 2539 NORTHWESTERN PIKE WINCHESTER VA 22603 16 52 A 229 TRUSTEES OF LIGHTHOUSE BAPTIST - CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603 17 52 A 228A TRUSTEES OF LIGHTHOUSE BAPTIST - CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603 18 52 A 53 TURNER BERNARD L-TURNER CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 19 152 A 227A SMITH KENNETH H 2587 NORTHWESTERN PIKE WINCHESTER VA 22603 20 52 A 54 ROBINSON C L - C/O TONY E ROBBINS 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 21 52 A 226 KERNS LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 22603 22 52 A 194 ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 23 52 A 193 TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 24 152 A 166C TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 25 52 A 166 CATHER DAVID LEE - SEE BETTY JO 1159 MARTINSBURG PIKE WINCHESTER VA 22603 26 52 A 55 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 27 52 A 56 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 28 52 A 57 HAINES PHILIP C & DIANA N TRUSTEE - HAINES ANNELIESE E 675 POORHOUSE RD WINCHESTER VA 22603 29 152 A 58 VERRET ROY A - VERRET BETTY C PO BOX 283 WINCHESTER VA 22604 30 52 A 59 HAINES PHILIP CTRUSTEE ETALS 675 POORHOUSE RD WINCHESTER VA 22603 31 52 A 60 HAINES PHILIP C - HAINES DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 34 152 A 66 TANABE EMI 350 POORHOUSE RD WINCHESTER VA 22603 35 52 A 65 COCHRAN CHARLES E JR - COCHRAN MARIAM G 208 FOX DR WINCHESTER VA 22601 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 22601 39 152 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603 40 52 3 4 MERRITT LARRY D - MERRITT SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603 41 52 A 44 ROBARE CHRISTOPHER E - ROBARE MARY C 425 POORHOUSE RD WINCHESTER VA 22603 42 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA 22603 43 52 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603 44 52 A 46A MOLDEN REAL ESTATE CORP 12400 VALLEY AVE WINCHESTER VA 22601 Source: Frederick County GIS, October 2012 .�N11t 1 � �� ay.p;� � 'l�r. -., ,... r V• �a � , r rl, ... i:: 725 � V • in fib cc Ali Nil W a N C o Z o E m Lu ` u UA LILI rr 654 3 cc • Z LN N Z 5 �► • 1 - W I �I z y w 0 p 52 A SOAK / w UJ o / 52 A 63` / Y z z j Q — O o � z w J U Q O 52 z J a NORTHWESTERN PIKE JOIN z co U VNi'.VH�Rpii eer & Westem RR �� , �,� , . �► - in HWES.�TE�RN� ! t w 7 r' .....� 0 CIO 4 , z w S h y''�:• i �".v , !i ,���ATHY•CTc� U W Legend , qi` �`;. ��1 ► 1 �If�i J Q Q Q < U) 00 Project Outline r' ^,`f.. ►' .F .. w� �"� ' w U F- 1 E Y z_ z~ zv Project Parcel Boundary/ y �' ' �pi��' f Q z O D Parcel Boundary , t r W 2 w U � J N r- i Y �2 r I �•`���� > Q O O Of L Winchester Cit Limits v / ,�; �� r �' k a� Z � Oil a o ram` Of m Q o Wui Feet , '�; �,,` �,�•r • { rjy r t �'.� % i • O z � N U A — r 1,000 500 0 1,000 2,000 s 'M , I Z+� j/tat► 4'.,i i . � %. �\ ��r a 4 Map Data Source f rederick County, Va GIS Department, 2012 Data, Aerial Photo from 2010 0 • REZONING APPLICATION 906-13 SILVER LAKE, LLC. Staff Report for the Planning Commission Prepared: November 18, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 12/04/13 Pending Board of Supervisors: 12/1 1/13 Pending PROPOSAL: To request a minor revision to the proffer Statement associated with rezoning RZ#OI - 09, Silver Lake. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard, and east of Poor House Road (Route 654). Primary access is provided via the newly developed National Lutheran Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/04/13 PLANNING COMMISSION MEETING: This request for a minor revision to the proffer statement associated with rezoning RZ401-09, Silver Lake relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The new location for the fire and I-CSCLIC site will front on Corporate Place Drive near the Intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location of the [ire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual development of the site since the original rezoning. Executed proffers dated November 4, 2013 are provided as well as a redline version of the proffer Update. The revised Proffer Statement is in an acceptable legal form. These modifications to the proffer Statement are minor In natUre and a public hearing Is not required. A recommendation regarding th/S rezoning application to the Board of Supervisors ;vonl % be appropriate. The applicant should be prepared to lldBgnatell, address all concerns raised by the Plannil1L' Commission. Rezoning //06-13 — Silver Lake LLC November 18, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide infoivnatioll to the Planning Commission and the Board of Supervisors to assist their in slaking a decision oil this application. It may also be us(ful to others interested in this zoning mattes-. Uni-esoived issues concei-ring this application are noted by stuff INIlei-e relevant thi-oughout this staff repoi,t. Reviewed Action Planning Commission: 12/04/13 Pending Board of Supervisors: 12/1 1/13 Pending PROPOSAL: To request a minor revision to tlic proffer statement associated witli rezoning RZ#01-09, Silver Lake. This revision relates to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. LOCATION: The properties are located on the North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and Fast of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY I1) NUMBERS: 52-A-C, 52-A-50A, 52-A-52, and 52-A-63 PROPERTY ZONING: 132 (General Business) District and MS (Medical Support) District, with proffers. PRESENT USE: Residential, National Lutheran Village at Orchard Ridge, Vacant, Agricultural, ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) B2 (Business General) East: B2 (Business General) West: RA (Rural Areas) Use: Agricultural Use: Residential/Vacant Commercial Use: Commercial Use: Residential/Agricultural • 0 Rezoning It06-13 — Silver Lake LLC November 18, 2013 Page 3 REVIEW EVALUATIONS: Frederick County Public Works: The Public Works Department supports the proposed revisions to the Silvcr Lake, LLC proffer statement date October 25, 2013. Frederick Count Fire Marshal: Plans approved. Fire and Rescue Company: Alter review of the proffer statement dated October 24, 2013 (revision date), I find the revision to be correct and accurate in regards to the Fire Station proffers. County Attorney: Please see attached e-mail from Rod lVilliams, County Attorney to Evan ff")vtt datecl October 29, 2013 and November 4, 2013. Planning; & Zoning;: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. In 2009, this property was rezoned consistent with the Comprehensive Plan and the Round Hill Land Use Plan. Rezoning RZ#01-09 was approved to rezone 370.02 acres to the MS (Medical Support) District and the B2 (Business General) District with proffers for a Continuing Care Retirement C0I111111-111lty a11C1 C0111mcrClal land uses. The B2 (Business General) portion of this property (238.96 acres) is subject to this current application for a revision to the proffered conditions. The National Lutheran Village at Orchard Ridge project opened earlier this year and continues its development on the portion of the property that is zoned MS (Medical Support). 2) Comprehensive Policy Plan The Frederick County 2030 Comprehensive Plan is an official public document that serves as the C01111mL111ity'S gL11dC for making decisions regarding development, preservation, pLlblic facilities and other key components of Conlnlunity 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. Land Use This application to modify the proffered conditions associated with four of the five parcels that made up Rezoning Application RZ#01-09 for a Continuing Care Retirement Community and commercial land uses remains generally Consistent with the 2030 Comprehensive Plan, and the Round Hill Land Use Plan. Rezoning 1106-13 — Silver Lake LLC November 18, 2013 Page 4 3) Proffer Statement Tile applicant has provided a revised Proffer Statement, dated November 4, 2013, which most substantially provides for the relocation of the site provided for the development of a new fire aIld rescue faCility aild SUppOrt facilities, Proffer E.1. The new location for the fire and rescue site will front on Corporate Placc Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. Tile proposed general location of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor changes that relate to the actual development of the site since the original rezoning; the renaming of streets to reflect the current road names, the restating Of new Zoning Ordinance references, and further clarifications that reflect site development conditions Such as in Proffer C. 6. One additional change is the restating of the Fire and Rescue enhancement proffer provision from "within five years from the date Of filial non -appealable rezoning approval" to "oil Or before April 21, 2014". It is important to recognize that this date in Proffer E.1., while consistent with tile previous language, is corning Up withiIl Six months.. Comments oil this rezoning to revise the conditions proffered by the Applicant were offered by Planning, the County Attorney, Fire & Rescue, and Public Works. The revised Proffer Statement is in an acceptable legal form. STAFF CONCLUSIONS FOR THE 12/04/13 PLANNING COMMISSION MEETING: This request for a minor revision to the proffer statement associated with rezoning RZ#01-09, Silver Lake relates to the relocation Of the site provided for the development Of a new fire and rescue facility and support facilities. The new location for the fire and rescue site will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Previously, the fire and rescue site was located along Northwestern Pike and Silver Lake Road. The proposed general location Of the fire and rescue site is further identified on the updated GDP (Generalized Development Plan). In addition, the revised Proffer Statement addresses several minor editorial changes that relate to the actual developmeIt of tile site since the original rezoning. Executed proffers dated November 4, 2013 are provided as well as a redline version of' the proffer update. The revised Proffer Statement is in an acceptable legal form. These modifications to tile proffer statement are minor in nature and a public hearing is not required. A irecommendation i'egai'Cling this i•ezonhio applicatimi to the Board of Supervisors would be appi'opi'iate. The applicait shoitlll he prC'plU'ed to a(leguately a&h'ess all concei-ns raised by the Plaiiiiiii,tJ Commission. Greenway Engineering ,, ."ember 25, 2008; Revised .lanwtry G, 2009; Revised Janua•7, 2009; Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised October 24, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #01-09 Rural Arcas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (hel'e-in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, II1, Manager The Village at Orchard Ridge, Inc. APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National LUtllcl'an Home C0111111U111ty ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: Mai -eh 302October 24, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Freclerick 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 conclltional "zoning amendments to Rezoning Application #01-09, which rezoned 4bt:-4he i-em.,;ng of 370.02±-acres from the Rural Arcas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of' MS, Medical Support District (Tax Map Parcel 52-((A))-50); development 01' the Subject property shall be done in conformity with the terns 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 01' Supervisors in accordance with the said Code and Zoning Orcinance. In the event that the conclitional zoning amendments arc stleh t-ezaniiig—i-s not granted, then these proffers Shall be deemed withdl'awn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal SLICCCSSOI's, heirs, or assigns. File H4928S/Silver Lake LLC Rezoning (irecnway Engineering R,"mher 25, 2008; Revised January G, 2009; Revised Janua! � 17, 2009; Revised February Ili, 20ft Revised Fehruary 19, 20M Revised March 2, 2009; Revised March 13. 2009; Revised March 30, 2009; Revised October 24, 2013 Book 872 Page Mg alid Deed Book 927 Page 1591. (Please refeF to b Appli camcrnrDeed i,l' ati ,l PROFFER STATEMENT A. Generalized Development Plan The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the 13-2, Business General District and MS, Medical Support District areas, the general location of the proposed f UIUr'e Fire and RCSCLIC StatioIl area, the general location of the proposed fLItlll'C passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the I0-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property ill Substantial conformity with the proffered GDP, prepared by Greenway Engineering dated Marell 30, 200 October 24, 2013. The GDP IS recognized to be a conceptUal plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board 01' Supervisors, provided that the adjustments do not eliminate 01' SUbstantlally relocate the areas described in Section A I of this proffer statement. B. MS, Medical Support District Area The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Collli Ullity (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maxinlu111 residential density within the CCRC to eight units per acre. The maxiI11L1111 residential density total shall include all independent living units, assisted care living units, and skilled nursing Cale units. The location and totals For the residential units Specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and matlll'C woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the Consideration of the Master Development Plan. File I14928S/Silver Lake LLC Rezoning (ireenway Engineering 00.1ber 25, 2008; Revised .lanuary G, 2009; Revised Janull- , 2009; 3 Revised February 16, 2009: Revised February 19. 2009: Revised March 2, 2009: Revised March 13, 2009: Revised March 30, 2009: Revised October 24, 2013 4. The Applicant proffers to provide initial access to the CCRC via Spinning \AL! Lane National Lutheran Boulevard as described in Section 1)(2)(1) of the proffer statement, and IUrdler proffers to provide a maximum of two commercial entrances on .Sfiiiiiing Wheel Lane, National Lutheran Boulevard to provide access to the CCRC. C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: Truck Stops Golf Driving Rangcs Outdoor Batting Cages Model Home Sales := Self -Service Storage Facilities Y Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed 132 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, riht-in oi- 1 right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted il' approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage acljacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a Illlllllllulll of 2-inch caliper at planting and Spaced a maxilllll111 of 30 feet oIl center, ornamental ShRibs that are a Minil11U111 three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. Tile installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spiiin:ng �N%eet-Lf,ne National Lutheran Boulevard and Silvef Take 1 Trader Drive throughout the limits of the B2 District property. All street trees shall be a millinrinll of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located betweenthebaek el' em-b and M-flewalks a „/ she —asphalt hieyele ffli"edesti-ial-l—l' e4ily outside of the public right-of-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location Identified on the proffered GDP, which will be enhanced with a File #49285/Silver Lake LLC Rezoning Greenway Iingincering 00",nnher 25, 20W Revised .lanuary 6, 2009; Revised Januaq , 2009; 4 Revised February 16, 2009; Revised February 19. 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 20M Revised October 24, 2013 10-fool asphalt trail system between Spimiiiig Wheel Lane National Lutheran Boulevard and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all 1'eClUired bLlffCh a11C1 screening areas adjacent to land priIllarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the Construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located Outside of public right-of-way limits. This facility will be developed as follows: The 10-17oot asphalt trail located along the south side of the Phase 1 segment of Spinning `'heel Lane National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(2)(0 of the proffer statement. The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane National Lutheran Boulevard shall be developed during the Construction of this road segment as specified in Section D(3)(e) of the proffer statement. The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion Of the commercial development permitted under the Phase I Transportation Program as specified 111 Section D(2)(a) of the proffer statement. i The 10-foot asphalt trail located along the southern boundary of the Property identified as Area I on the GDP shall be developed during the construction of the Phase I segment of Spinning Wheel Lane National Lutheran Boulevard as specified in Section D(2)(f) of the proffer Statement. The 10-fool asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the 1SSUance Of the OCCLIpancy pC]'lllit 1SSUed For the first commercial bUllding permit located in the land bay between Spinning Wheel Lane National Lutheran Boulevard and Sily Lake °^^' Trader Drive. The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located ill the land bay between Silvef- Lake "^^' Trader Drive and the eastern boundary of the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering 0"'lember 25, 20ft Revised January 6, 2009: Revised Janual- 2(1(19: S Revised February 16, 20M Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised October 24, 2013 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose 01' reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant clocumCIAS for the B2 District properly. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, Or prior to the approval of any site development plan within the B2 District. The restrictive covenant dOCLlrllellts shall include, but not be limited to, the following design elements: Building materials for all exterior walls and rooflines. Materials for all 11101111ment [reestanding business signs. The materials for the base of all IllOnllmenl freestanding bllSllless signs Shall be consistent throughout the B2 District. Screening of all loading areas fl'OI77 ad' 101n111g properties external to the B2 District. > Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. i Common area maintenance agreements. D. Transportation Enhancements The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, clatecl November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to accOLlllt for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to clesign and construct, or cause for the construction of improvements to the regional transportation network as a phased (level of) men t program that is described ill this section of the proffer statement. Additionally, the phased clove] opment program is identified in Illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form On the proffered GDP are general Ill natlll'e and may be relocated to accommodate VDOT engineering design plan approval WltllOLlt the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant Shall be entitled t0 develop the CCRC and a maxlmlllll Of 180,000 sgUare feet ofcommercial mercial land Use Wlthlll Phase 1. However, the Applicant call clevlate from this land Use mix aSSLI111illg the total trip generation For site plaits within this phase of [fie tIansportation program File I14928S/Silver Lake LLC Rezoning Greenvay Engineering 40"ember 25, 2008; Revised January 6, 2009: Revised January 27, 2009; G Revised February 16, 2009: Revised February 19. 2009: Revised March 2, 2009: Revised March 13, 20M Revised March 30, 2009; Revised October 24, 2013 (based on the ITE 7°i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase I transportation improveIllents prior t0 the approval Of any Site Plan that exceeds 180,000 square feet Of commercial land use Or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will OCCL11- 011 the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees t0 aSSLlme all COSTS associated with right-ol--way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to f-idly fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of' final non -appealable rezoning approval, or prior to approval of the first Site Plan I'or the property, whichever occurs first. d. The Applicant shall design and construct, Or Cal1SC f01- the exeCllti011 of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route .50) and the relocated Spinning W"��' L-Effle National Lutheran Boulevard. The Applicant shall provide additional funding necessary to provide for pre-emption Control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the ❑ew fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section 1)(2)(C) Of the prolfer statement. The traffic Slgnallzation agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #4928S/Silver Lake LLC Rezoning (ireenway L•ngincering f,'niher 25, 2008; Revised January G, 2009: Revised January 27, 2009: 7 Revised I'ehruary 16, 2009; Revised February 19. 2009: Revised March 2, 2009: Revised March 13, 2009: Revised March 30, 2009: Revised October 24, 2013 e. The Applicant shall design and Construct, or cause for the construction 01- Ililpl'OVCIlICIItS to the Illediall Crossing including a westbound right turn lalle and left turn lane and an eastbOLII1Cl left till -It. lane oil Northwestern Pike at the intersection of the relocated Spinnifig ` lheel Lane National Lutheran Boulevard. These improvements shall be completed prior to the issuance 01- the first. Occupancy permit for the land use utilizing ASS rI Wheel Lane National Lutheran Boulevard for access to Northwestern Pike. f. The Applicant shall design and construct, Or CaLISe for the constructionl 01 improvements to Spi-it.-l-i-kig—Wheel—Large National Lutheran Boulevard within the Property to provide for a road section that is Constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Si!N,e.- Lake RE)aE1 Trader Drive, and left turn lanes and right lure lanes at all internal collector Street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and Construct, or cause for the C011S11'l1Cti0n 01 separate fight and ICft till-11 lanes oil Spinning )AIheel mane National Lutheran Boulevard at the intersection of Northwestern Pike. Spinnhig )AIIleel-1:7ane National Lutheran Boulevard shall be developed as a four -lane divided urban road section between Northwestern Pike and the f'uturc roundabout, and as a two-lane road section between the future roundabout and the limits of Phase I with dedicated right-of-way to Frederick C011llty to allow for a folly -lane urban road section. Tile Construction of the two-lane road section shall include a raised median section necessary t0 transition from file roundabout into the urban road section design. These improvements Shall be completed prior t0 the issuance of the first Occupancy permit for the land LISC uttiZillg SlAnning Wheel Lai e National Lutheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic Counts as described in Section D(6). g. The Applicant shall design and C011Stl-LICt, Or caLlSe for the collstI-LICtr0I1 Of modifications to, Or the elimination Of file median crossing Oil Northwestern Pike identified as Median Crossing A oil the prol-fered GDP. VDOT shall determine [lie regllll'e111ClltS 10r modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with Construction activities associated with Spinniiig ` Iheel Lane National Lutheran Boulevard as described in Section D(2)(0 of the proffer statement. File 114928S/Silver Lake LLC Rezoning Greenway Iinginecring t7„'emher 25, 2008: Revised January 6, 2009: 1terised Janua , 2009: 8 Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised Octoher 24, 2013 h. The Applicant shall design and C011Stl-LlCt, Or caLISC fOr the COl1StrL1Ct1011 01' improvements to the Southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet ol' commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the 132 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary C011tl'Ibllt1011 for regional transportation improvements to the ROLIte 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based Upon all engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase I transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet OI commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase I — Phase 2. However, the Applicant can deviate from this land rise mix asslllnillg the total trip generation for site plans within this phase of' the transportation program (based on the ITE 7`I' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant Shall complete all Phase 2 transportation improvements prior t0 the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 Square feet of office land use or equivalent trip generation as noted above on the B2 portion of' the Property. b. The Applicant shall dedicate all right-of-way necessary 1,or the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-ol-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right -of - File 114928S/Silver Lake LLC Rezoning Orecnway Engineering Novo her 2S, 2008; Revised January G. 2009: Revised Januaq, 27, 2(109: 9 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 20M Revised March 30, 2009: Revised Octoher 24, 2013 way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-ol'-way acquisition it' assistance from VDOT and/or Frederick COLulty is required. c. The Applicant shall design and Construct, or Cause for the execution of a traffic signali•ration agreement with VDOT to fully fund new traffic slgnall'!_ation with pedestrian actLlaIizatlon at the intersection Of Northwestern Pike (U.S. R011te 50) and gilvei- Lake RE ^E' Trader Drive. L7TT�'liI-1�CIfCtr 1lVCll1 The traffic Slgnalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Sik',.• Laken ,1 Trader Drive for access to Northwestern Pike. The Applieant shall t a• t.I_Lhist ra l r; signal it' the —even County requests the land r^ the new -rare an d fe-setie4ae-4A,y-prE)ViEIeEI-in Se t E(l) E4 the pf--oi'F t stateniefit. h+- he event the C-O.,ni„ itile l...trrzd km- tl nev., fire And reseue 4teilcrrity, tl e HdditiEji-1R" be--i+ade- available -fail-pie-eiiptien ee t.„c�QI ;vi-tire iFal'fie signal at he interseetion of' Nei-thwestet-n Pike alid lloef- House Read that is Elese!-ibed in r , tion D(2)^) ^r [lie pf-ol ai- statement. The Applicant shall reserve 7 iTCLILLIl IIiIIC. the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. d. The Applicant Shall design and construct, Or CaLlse for the COIIStrIICtiOII Of improvements to Silver Lake Read Trader Drive to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the COIISII'LICtiOII of the I'OLlndabOLlt at the intersection with Spinning :�eel-L-a-ne National Lutheran Boulevard, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the COIISti"LICtiOII Of a median crossing including a westbounCl right turn lane and ]eft turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of' Sily Lake ROHEI Trader Drive. These impIoveIllents shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use Or equivalent trip generation as described in Section 1)(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Sily „• L •, e REMEI Trader Drive intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right -of' -way to Frederick County to allow 1'or a fOLlr-lane Urban road section 1'or Silva.- Lake Trader Drive, and fLirther agrees to design and COIISII'l1Ct, or cause for the File 41,1928S/Silver Lake LLC Rezoning Greenway Engineering Pember 25, 2008; Revised .lanuary G, 2009; Revised January , 2009; 10 Revised February 16, 20M Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 20M Revised October 24, 2013 C011StrLICti011 Of the fOLIC-1111e Urban road Section II this improvement 1S warranted based oil fLlUll-C traffic COLInts as described ill Section D(6). e. The Applicant shall design and COI)St1'LICt, Or Cal1SC for the C011Stl-L1Cti011 Of improvements to Spinning Wheel I Lane National Lutheran Boulevard to provide for a two-lane Urban road section that is COI1SLrLICted t0 a 40 Illph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances cis required by VDOT, Which C011tilllies from [fie terlllillLIS Of Spinning Wheel-L-aite National Lutheran Boulevard Collstructed in Phase I to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 Square feet of commercial land use and 105,000 square feet of' office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane Urban road section for Spinning `wheel L-a+le National Lutheran Boulevard and further agrees to design and construct, or cause for the construction of the four -lane Urban Section if this improvement IS warranted based On future traffic counts as described ill Section D(6). F. The Applicant shall design and collStl-LiCt, Or Cal1SC for the construction of modifications to, or the elimination Of the median Crossings oil Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant Shall complete these improvements ill COIIf LIIlCt1011 With COl1StrLICtloll activities associated With Si-l-veF4:; ice—Ptvccd Trader Drive as described ill Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or CaLISe for the CollStrllCt1011 Of improvements to the northbound off' ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet Of commercial lalld use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the 132 portion of the Property. h. The Applicant shall design and C011Stl-LICt, or cause for the Construction Of' improvements at the ROLIte 37 interchange With Northwestern Pike t0 provide for a third Westbound thrLl lane oil Northwestern Pike Under the Route 37 bridge Structure continuing east to the transition for the Route 37 northbound on -ramp, to inCILlde the relocation of [lie existing Route 37 File 414928S/Silver Lake LLC Rezoning Greenway Engineering ovemher 25, 20W Revised January 6, 2009: Revised January , 2009; I I Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised October 24, 2013 northbound on -ramp. The Applicant shall complete the ROLIte 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 3.50,000 square feet of commercial land use and 105,000 square feet of off -ice land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick COUnty determine that a monetary contribution I'or regional transportation improvements to the Route 37 corricor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provicle a Monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the anloLlnt associated with the improvement described in those sections based Upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provicle this monetary contribution to Frederick County within 30 clays of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for Other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 clays of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to clevelop the CCRC and a maxil11Llill Of 490,000 square feet of commercial land use and 350,000 square feet of ofTice land use within Phase 3 that is a cumulative total of Phase I — Phase 3. However, the Applicant can cleviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7°i Edition Trip Generation Report) clo not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report ['or Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or File #4928S/Silver Lake LLC Rezoning Greenway Engineering 0"'eniher 25, 20M Revised .lanuary G, 2009; Revised January 27, 2009; 12 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised October 24, 2013 equivalent trip generation as noted above on the B2 portion Of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur On the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off' -site transportat►oll improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if' assistance from VDOT and/or Frederick COLulty is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spi*ning�Alheel—L—a-ne National Lutheran Boulevard to provide for a second right turn lane on Spinning `Wheel —Lane National Lutheran Boulevard at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval Of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 Square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction Of' a two-lane Urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning �Alhee1—Lane National Lutheran Boulevard, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning m1heel Lane National Lutheran 1301-Ilevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and COIISU'LICt, or cause for the C011strLICtl011 Of the two-la►1C Urban road connection betweeIl Spinning Wheel Lane National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the 132 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: File #4928S/Silver Lake LLC Rezoning Greenway Engincering .1"niher 25, 2008; Revised .lanuary 6, 2009; Revised January, 2009; 13 Revisal February 16, 2009; Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revisal March 30, 2009: Revised October 24. 2013 a. The Applicant shall be entitled to develop the CCRC and a Illaxillllllll OF 583,050 square feel OF commercial land use and 494,600 square Feet of ofTice land use within Phase 4 that is a Cumulative total of Phase I - Phase 4. However, the Applicant call deviate Irom this land Use Mix asSUmillg the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t11 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square Feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial Or olFice land llSeS that exceed the maxinlUill SgUare feet of total trip generation specified in this phase of the transportation program, a new trai is impact analysis report Shall be prepared with each site plan to determine any additional transportation improvements regUired to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-ol'-way necessary for the Phase 4 improvcnients that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public fight -of -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-ol'-way acquisition if assistance front VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction Of improvements to S-ilver Lake R d Trader Drive to provide f'or a second left turn lane on Silver Lake -Read Trader Drive at the intersection of Northwestern Pike. These improvements shall be Completed prior to the approval of any Site Plan that exceeds 530,000 sgUare Feet Of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section 1)(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and C011StrIICt, or cause lot' the COliStrIICtI011 OF improvements to provide for a third westbOUlld till -Li lane on Northwestern Pike Irolll the eastern boundary of the Property to Spinning Wheel Lane b National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Pile #4928S/Silver Lake LLC Rezoning (;reenway lingineering Novemher 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 14 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised Octoher 24, 2013 Spinning Wheel Lane National Lutheran Boulevard and ik'ef- rake Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of'commercial mercial laild Use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the 132 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if' the 8,000 ADT volume is achieved to requU-C the expansion of Spi g `'heel Lane National Lutheran BOulevard and Sily rake rTrader Drive to fOUr-lane UI-ball road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue Until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the wing--W4ieel—L-ane National Lutheran Boulevard and Silver L-akie Read Trader Drive intersections with Northwestern Pike, on Spinning Wheel National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between Spinning Wheel Lane National Lutheran Boulevard and Poor House Road at the western boundary of the Property. 11' warrants are met based on the anIlUal traffic COUI1tS, the Applicant shall prepare and Submit Construction plans for approval by VDOT and Frederick County Within Six months of written notice that warrants are islet. The Applicant shall commence construction of these improvements Wlthlll Six months of final plan approval. E. Fire and Rescue Enhancements The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities Within five years from the date of final non -appealable rezoning approval. The Applicant shall dedicate a site fronting on SilverLakeRoad Corporate Place that is located near the intersection of No -'h, estel-n nine National Lutheran BOUlevaRl, Which 1S a mlillillum of three acres aIld a maxi111Ui11 Of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place N er hwes „-„ Pike and Silvei- rake read Wlthlll five years from the date of filial Moil -appealable rezoning approval provided that a Site Plan has been approved for the new file and I-CSCUe station. Additionally, if' Frederick COUllty does IIOt COI1 mence COI1Stl-UCtlOi1 of a new fire and rescue station within one year following the dedication of the site, this land Shall be conveyed back to the Applicant to allow f'Or further economic File 114928S/Silver lake LLC Rezoning • Greenway Engineering Ncrvcmher 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 15 Revised Fehruary 16. 2009: Revised Fchruary 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Raised October 24, 2013 cevelopment. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contrlbUt1011 to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion o1 all existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision Of a monetary contrlbUt1011 to Frederick County in the a►lloll►lt of $1,000,000.00 for the development of a new fire and rescue Station Or for the expansion Of all existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the cevelopment of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within Dive years from the date of final non - appealable rezoning approval to assist With the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contrlbUti011 payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and I-CSCLIC station has not been approved Within five years from the elate of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 clays of the (late of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and conStl•uct, or Cause for the Construction of all necessary road improvements nt—tlle ^� oathextern Pike tef-,.eetion with Silver rake 1-4ME1 I 011 Silver Lake Ro ,l to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These Infrastructure improvements shall be provided by the Applicant in advance of the Phase I or Phase 2 transportation program improvCnlents to facilitate the construction Of the new fire and rescue station Should this Occur in advance Of the COIiimercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to Cnsure that the design, bonding and Construction of these infrastructure improvenlCilts is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. F. Signatures The conditions proffered above Shall be billdillg Up011 the heirs, executors, administrators, assigns and Successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to Other regUll-C111e11tS set forth in the Frederick County Code. File #,;928S/Sih,cr lake LLC Rezoning Greenway Engineering .,ember 2S. 200h: Revised January 6, 2009; RevisedJanuary 2009; 16 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009: Revised October 24, 2013 Respectfully Submitted: By: Commonwealth ol' Virginia, City/County of iIRLIATM Date: The foregoing instrument was acknowledged before me this day of 20_ by Notary Public My Commission Expires File #4928S/Silver Lake LI.0 Rezoning 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Silver bake, LLC Conditional 'boning Amendment File No: 4928S Date: Fri, Oct 25, 2013 To: FC Planning From: Evan Wyatt Attn: Eric Lawrence GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mall Courier ❑ Pick Up ❑ Other ❑ Urgent For Your Review [J As You Requested R] Please Comment Message Hi Eric, Please find attached the information for review and comment for the Silver Lake, LLC conditional zoning amendment that addresses the items we discussed earlier this week. Please contact me if YOU have any questions or if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: ClDate: Please Print Name: • 0 Rezoning Comments Frederick County Department of Planning & Development Mail to: Fred. Co. Dept, of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2e`1 Floor 107 North Kent Strect Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of pl'opel'ty: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). CUrrelll Zoning: B-2 & MS Districts Zoning requested: B-2 & MS Districts Acreage: 370.02+/- Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to Applicant 34 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Zoning Amendment N mberO to - t 3 PC Hearing Date I of �- t Fee Amount Paid $ n Date Received 11 -� BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Silver Lake, LLC Address: 13 South Loudoun Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-7215 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 52-A-C; 52-A-50A; 52-A-52; and 52-A-63 b. Total acreage to be rezoned: N/A - Conditional Zoning Amendment for B-2 District parcels C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A - Conditional Zoning Amendment for B-2 District parcels d. Current zoning designation(s) and acreage(s) in each designation: B-2 District 238.96+/- acres; MS District 131.06+/- acres e. f Proposed zoning designation(s) and acreage(s) in each designation: B-2 District 238.96+/- acres; MS District 131.06+/- acres Magisterial District(s): Gainesboro 12 • S. Checklist: Check the following items that have been included with this application. Location map _� ✓ �_ Agency Comments ✓ Plat _� �_ Fees Deed to properly _� (_ Impact Analysis Statement Verification of taxes paid _� ✓ �_ Proffer Statement J ✓ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf S) of all SUbmltted CIOCLIIl7CntS, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: N/A - Conditional Zoning Amendment for B-2 District properties 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See Attached Information 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). 13 0 • 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: TOwnhome: Mulls -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: WarchOUse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the "zoning map Of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (We) understand that the sign issued when this application is submitted must be placed at the front property line at ]cast 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. Appllcant(s): (l . LTI-Date: I L 13 Date: Owner(s): Date: Date: 14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Sheet, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone) (540) 662-7215 (Address) 13 South LOudOun Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 090001536 on Page Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: C Block: A Section: & Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering, (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to File planning application for my (our) above described Property, including: ® Conditional Zoning Amendment ❑ Conditional Use Per►nits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �j In witness thereof, I (we) have hereto set my (our) hand and seal this ��day OfLA-(, 20IR i Signature(s) /1 State of Virginia, City/( ourity ofC(��r�To-wit: I, l�fi7- lie —a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to tile foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 41 clay of `\,, " , a-z, 2043 .1-11 hJ2 L-- My Commission Expires: /b-Z • '�O a0/� Notary Public CINDY GROVE NOTARY PUBLIC Reg. #iB4054 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 1, 2014 Mr. James R. Wilkins, III Silver Lake, LLC 13 South Loudoun Street Winchester, VA 22601 RE: Proffer foi• Fire and Rescue Enhancements Rezoning 906-13 Silver Lake, LLC Dear Mr. Wilkins: This letter is to inform you that the Site Plan for the new fire and rescue station was approved by Frederick County on March 27, 2014 (Proffer E.1). The County is seeking a dedication plat from the applicant to the County, and right-of-way along Corporate Place (Proffer E.1). The applicant is required to pay a monetary contribution of $1,000,000.00 to be paid to the Count}' for the development of the new fire and rescue station (Proffer E.2). The County is requesting the dedication plat, right-of-way dedication, and monetary contribution by April 21, 2014. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. hera i Zoning Administrator MRC/rsa bc: Ed Strawsnyder, Public Works 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 O Revisal February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 r�) right-of-way acquisition if assistance from VDOT and/or Frederick r\J County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru Iane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections, The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property, If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements I. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and File H4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 14 O Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; CD Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 r\) CJ support facilities oil or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases, The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File ##4928S/Silver Lake LLC Rezoning n O RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 91 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT NIAP REZONING 906-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning 401-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, ,v+ith final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and cast of Poor House Road (Route 654), and is identified by Property identiIIcal.ion Numbers 52-A-C, 522-A-50A, 52-A-52 and 52-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public 111eeting on this rezoning on DecembeI' 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning #01-09 relating to the relocation of the site provided fc)f the development of a new fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. #38-13 0 • This ordinance shall be in effect on the date of adoption. Passed this I I th day of December, 2013 by the following recorded vote; Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Ave Charles S. Del -liven, Jr. Aye Christopher E. Collins Aye A COPY John t %ild�; Jr. Fre ick County Administrator vut GiNlk 1�fc�Dt3RIC1<COUNTY.SCi'. This instrument of writing was produced to me on 12-19-20/3 at q.5? -A.M. and with certificate acknowledgement thereto annexed was admitted to record. "fax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 4e_e4t /I �'__ , Clerk I'DRes. 1138-13 Greenway Engineering N,..anbcr 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 1 O Revised February 16, 2009; Revised Pebmary 19, 2009; Revised March 2, 2009; CD Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 !,. 6 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 238.96± acres; Tax Parcels #52-((A))-C, 52-((A))-50A, 52-((A))-52, and 52-((A))- 63 (here -in alter the "Property") RECORD OWNER: Silver- Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Horne C011111ILInity ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: November 4, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of VIrglllla, 1950, as amended, and the provisions of the Frederick County Zoning OrdinaIlce with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors Of Frederick County, VIrglllla, shall approve conditioIlal zoniIlg amendments to Rezoning Application #01-09, which rezoned 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50); development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. The conditional zoning amendments within this doCUrnent are intended to apply to the 238.96± acres of B-2, Business General District, while the 131.06±-acres of MS, Medical Support District will comply with the conditions approved as part of Rezoning Application #01-09 on April 22, 2009, identified as Section 13. MS, Medical Support District Area. In the event that the coIlditional zoning amendments are not granted, their these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. Pile #4928S/Silver Lake LLC Rezoning Greemvay Engineering No—mber 25, 2008; Revised .lanuary 6, 2009; Revised January 27, 2009; 2 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 20M Revised March 30, 2009; Revised November 4, 2013 O PROFFER STATEMENT A. Generalized Development Plan The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-fool green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of file phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial confoImity with the proffered GDP, prepared by Greenway Engineering dated October 24, 2013. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") oil the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maxi11111I11 residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to file CCRC via National Lutheran Boulevard as described in Section D(2)(0 of the proffer statement, and fUrther proffers to provide a maximum of two commercial entrances oil National Lutheran Boulevard to provide access to the CCRC. File #4928S/Silver lake LLC Rezoning Greenway P,ngineering No.,;mber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 3 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 O ►` C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self-Scrvice Storage Facilities Adult Rctail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that iItersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike Corridor that is 50 feet Ill width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental Shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. Tile Installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of National Lutheran Boulevard and Trader- Drive throughout the limits of the B2 District property. All street trees shall be a Illilllnll1111 Of tWO-inCh Caliper at tiIlle Of planting and spaced a maximum 40 feet oil center. The street trees shall be located outside of the public right-of-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between National Lutheran Boulevard and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and Office land uses unless prohibited by topographic conditions. Pile 114928S/Silver Lake LLC Rezoning Greemvay Engineering November 25, 2008; Revised January 6, 20M Revised January 27, 2009; 4 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 O 7. The Applicant hereby proffers to include an additional row of evergreen trees CD within all required buffer and screening areas adjacent to land primarily used for --- residential purposes in the RA District in which accessory uses are proposed �) within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: The 10-foot asphalt trail located along the south side of the Phase 1 segment of National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(2)(0 of the proffer statement. The 10-foot asphalt trail located along the south side of the Phase 2 segment of National Lutheran Boulevarcl shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. Y The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase ]Transportation Program as specified in Section D(2)(a) of the proffer statement. Y The 10-fool asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of National Lutheran Boulevard as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance Of the Occupancy peI'Init issued for the first commercial building permit located in the land bay between National Lutheran Boulevard and Trader Drive. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Trader Drive and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: Pile #4928S/silver Lake LLC Rezoning Greenway Engineering No.cmher 25, 2008; Revised January G, 2009; Revised January 27, 2009; 5 O Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 ➢ Building materials for all exterior walls and rooflines. Y ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. Screening of outdoor dumpster pad areas with building materials consistent with the primm-y structure. ➢ Common area maintenance agreements. D. Ti-ansportatioll Enlial cements The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of' improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased developrIlent program is identified in illustrative form oil the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further- recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the Ileed for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase I Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip geIleratioIl for site plans within this phase of the transportation program (based on the ITE 7°i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior- to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the B2 portion of the Property. Pile #4928S/Sj1vcr Lake LLC Rezoning i r Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 6 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 b. The Applicant shall dedicate all right-of-way necessary for the Phase I improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrial7 actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated National Lutheran Boulevard. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, Whichever occurs first. The Applicant shall reserve the right to preempt this agreement by iIlitiating a signal Warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated National Lutheran Boulevard. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing National Lutheran Boulevard for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard within the Property to 0 CJl File 114928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 7 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 20M Revisal March 30, 2009; Revised November 4, 2013 O provide for a road section that is constructed to a 40 mph geometric design o standard and provides right-of-way for a future roundabout at the , intersection with Trader Drive, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes Oil National Lutheran Boulevard at the intersectioIl of Northwestern Pike. National Lutheran Boulevard shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban Toad section design. These improvements shall be completed prior to the issuance Of the first Occupancy permit for the land use utilizing National Lutheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and Construct, or cause for tile Construction of the four -lane urban section between the future roundabout and the limits of Phase I if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or Cause for the Construction Of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the rquirements for Illodiflcatlon, oI' elimiIation and shall advise the Applicant in writing Of the requirements associated with this improvement. The Applicant shall complete these improveIlleIlts in Conjunction with construction activities associated with National Lutheran Boulevard as described in Section D(2)(f) of the proffer statemeIt. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound Off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and FredeIick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a File #4928S/Silver Lake LLC Rezoning • n U Greenway Engineering Nove-niher 25, 2008; Revised January G, 2009; Revised January 27, 2009; 8 O Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O Revisal March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 monetary contribution in lieu of the improvement described in Section �1 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation Improvements. The Applicant agrees t0 provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers (lie following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of' commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will OCCLII' On the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-0l-Way acquisition if assistance f-om VDOT and/Or Frederick County is required. c. The Applicant shall design and construct, or cause for the executioI] Of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Trader Drive. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Trader Drive for access to Northwestern Pike. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans In File 114928S/Silver lake LLC Retuning E • Greenway Gngincering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 9 CD Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: CD Revised March 13, 2009; Revised March 30, 2009: Revised November4, 2013 OD accoIdance with VDOT standards for approval t0 install traffic signalization at this intersection. d. The Applicant shall design and construct, or Cause for the construction of improvements to Trader Drive to include a two-lane urban road section with a raised median to the first available Commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with National Lutheran Boulevard, and left turn lanes and right turn lanes at all Commercial entrances as required by VDOT. Additionally, the Applicant shall design and Construct, or cause for the construction of a median crossing including a WCStb0Ul1Cl right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Trader Drive. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section 1)(3)(a) of the proffer statement on the B2 portion of the Property, with the exception o1' the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Trader Drive intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lade urban road Section for Trader Drive, and further agrees to design and Construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic Counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction Of improvements to National Lutheran Boulevard to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides foI' left turn lades and right turn lanes at all internal collector street intersections and at cominercial entIances as required by VDOT, which continues from the terminus of National Lutheran Boulevard constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for National Lutheran Boulevard and further agrees t0 design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section 1)(6). f. The Applicant shall design and construct, or cause for the construction Of modifications to, or the elimination of the median crossings oil File #4928S/Silver bake LLC Rezoning • • Grcenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 10 Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 Northwestern Pike identified as Median Crossing B and Median Crossing C oil the proffered GDP. VDOT shall determile the regUil-CI11CIAS for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements In conjunction with construction activities associated with Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design aIld Construct, or cause for the constructioI] Of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and Construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge Structure continuing east to the transition for the Route 37 northbound On -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to tile Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary Contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are Constructed prior O O File #4928S/silver Lake LLC Rezoning 0 0 O Greenway 13ngineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 11 CD Revised February 16, 2009: Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 O to the completion of' the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use Within Phase 3 that is a CLIMIllative total of Phase I — Phase 3. However, the Applicant can deviate from this land use I lix assuming the total trip generation for site plans within this phase of' the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as Voted above oil the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur oil the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of' -way acquisition if assistance front VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for a second right turn laIle oil National Lutheran Boulevard at the iItersection of Northwestern Pike. These improvements shall be completed prior- to the approval of any Site Plan that exceeds 490,000 square feet of' commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric desigIl standard and provides for roundabout design at the intersection with National Lutheran Boulevard, and left turn laIles and right turn lanes at all File 114928S/Silver Lake LI.0 Rezoning Greemvay Engineering November 25, 2009; Revised January G, 2009; Revised January 27, 2009; 12 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: CD Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 C� commercial entrances as required by VDOT, which will provide for a -- connection between National Lutheran Boulevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane Urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase I — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`I' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of' any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with File I149285/Silver Lake LLC Rezoning • Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 13 0 Revised February 16, 2009; Revised Fcbruary 19, 2009; Revised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 f".1 (`J right-of-way acquisition rl assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Tradcr Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 Square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, Construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic Counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(0, 1)(3)(d), and 1)(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall Continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in Calendar years in which there is no development activity oil the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and oil the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic Counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall C011111MICe Construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and Nile #4928S/Silver Lake LLC Rezoning • • Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 14 0 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; CD Revised March 13, 2009; Revised March 30, 2009; Revised Novembcr4, 2013 support facilities oil or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum Of three acres and a maximum Of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. Tile Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not C0111111eJICe COnSCrllCtion of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further- economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount Of $100,000.00 for the development Of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is iIltended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment Illay be extended If a Site Plan for a Ilew fire aIld rescue station or for the expansion Of all existing fire and rescue station has not beeIl approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary Contribution shall be provided to Frederick County within 30 days of the date Of final Site Plan approval for the new fire and rescue station or for tile expansion Of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located oil the Property. These infrastructure improvemeIts shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction Of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File 114928S/Silver Lake LLC Rezoning • • Cireenway Engineering November 25, 2008: Revised January 6, 2009; Revised January 27, 2009: 15 Revised February 16, 2009: Revised February 19. 20W Revised March 2, 2009: Revised March 13. 2009: Revised March 30, 2009: Revised November4. 2013 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Date: 411 Commonwealth of Virginia, Cf r" ity ount re Gte.G(L To Wit: The foregoing instrument was acknowledged before me this day of OJe w1 r 20L,t by oLm e:s R o 5 +mil Maw-yLgc; My Commission Expires i-e Io 2-1 2-01 b Recj 15tr(JiO 0 # 2-1-1(o 10 0 '0 Notary Public O O ry File #4928S/Silver lake LLC Rezoning I! -- — -------- -- — -- - ----- ----- -- NOTttI ---- — _ - -- — THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL (1 '� BE IN ACCORDANCE WITH THE FUTURE APPROVED l) PUBLIC IMPROVEMENT PUNS. - AD PNA&W. L _ _ _ - - LA4MA7 LEGEND TRAIL LEGEND PHA&E ' C] M D16TRIGT Q _ PkAbE 2 52 D16TMCT PWa1iE 3 A FIRE d RE6CF 647E _ PH46E 4 DT OTIER6 [� GREEN STRIP AND PA6IN OPEN &PACE - - TI32•DISTRICT p .&112-DISTRICT 22-DISTRICT XV 82 DISTRICT \ irS•DISTRICT w 82•DISTRICT mom, sa QFV�e sTW memo WGRENsRP >:RTflt[ST� vOQ. sa cal sT, 7--lj% Z w W W Z a Z W �a W us � e Z 5� IL z F- W Z � �aQ> ow Q O U W vY W G Q INl _ J a N �w J W w (((> z c J v W N 2 W DATE Oct 11, M, WAIL N" AB NO 4am ; 1 O►B I• J NOTE: THE FINAL OE0MET7UCAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH LENGEND _ _ EEN TRIP NHAN EMENTS v THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. Z :............... W ESs aur�rr sir ,O' YAX Z - - W 8 INTERSECTION OF NORTHWESTERN PIKE & NATIONAL LUTHERAN BLVD. a 4 _ z jot _ — 50Chi STFIP -- --- - �— y d — a z — PflME ' lfff T1A1 LAND W a LEFT TUN LANE 8K NAL MD — — — — :E C c > MHEECiION a W — - > w� W W p INTERSECTION OF NORTHWESTERN PIKE & TRADER DRIVE Wce C �x ce ff _ U 0W L✓r l_ - -- - N CC I 57QMMYSTRIP J W w 5CY GFIE STFJP-- Z W LANE — — — ---- — — u ---- - — -- -iT 7llMI LANE"•�`*TF�lldi LANE -- _-�-- _ — NORTHWE8i M PId — — — — — — — DATE Oet Os, 2M! PHASE 2 Kui ■n PHASE 2 LEFT TUN LANE LEFT TUN LA E NTERBECTION DOpI® Dr. me AS M0. �/qe --- - - >IMt ! 0t] T NOTME /THFINAL GEOMEMICAL DESIGN LOCATIONS WITHWILL BE IN ACCONDANCE W1 THE FUTURE APPROVED PUBLIC IMPROVENT MEPLANS. r- j �,. qe RAI► • _—_ 8Fd LAW / _ 11 RA! I "MIL La. BOMLCM .IIENlCIpNS / // ecBvuLa�MENBofsi r M/ TAlel r / / f♦A! * 2 fif A NOtff 7UM LAZE r� -- - — ANvw Inter - n r` Kn3WEc7gM 7 r�ElO1K�M1�CIgM nwN:: DIAL NDR AM LAM - uok#L `. COMOKL m z rc W W z a z W us W ?� E 9 � e z d ~ F- W z :1 �oQ> C Wz > > O o W .J as N ma s� > z� W N � z W C7 DAT[ Dat 24, 2013 xAu WM PIGNM � a e �aess' NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGD PHASE I PHASE 2 0 PHASE 3 _ PHASE 4 0 BY OTHERS 0 LANDBAY LEGEND MS DISTRICT 52 DISTRICT FIRE t RESCUE SITE 0 GREEN STRIP AND PASSIVE 0 OPEN SPACE TRAIL LEGEND A A OPT 10 -4 02-DISTRICT • t • •t t • ROUNDABOUT B2-DISTRICT 1 a a 1 y i o[«nun ►ouno« , or , FIR[ • «[[CU■ [rra / r 1 ' t , 82-DISTRICT B2-DISTRICT 50' GREEN STRIP -------------- 0� ,t ,Q Vl B2-DISTRICT INS\% ,—DEN&PAL LMA"011 \ I I , \\ 1 P&MV[ OP[« {PAC[ AR[L I 1 � 50' GREEN STRIP t1ECVN C"09010 50' GREEN 871-flP is Z cc W W Z a Z W" m m N a Q pppp °u 3 0N@ W b� Vo v W 04 cc u a a Z Q J H W .Z L E- 4'. d O Q' a W aE- W W Fo 0 U LLI LLI W J ow J W w rs, z it J !Q LLI H Z W a DATE Oct 24, 2013 SCALE: NTS DESIGNED BY: WR14 JOB NO. 4929E SHEET 1 OF 3 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. LENGEND 10' ASHPALT BICYCLE l PEDESTRIAN FACILITY ORNAMENTAL TREES ORNAMENTALSHRUBS INTERSECTION OF NORTHWESTERN PIKE & NATIONAL LUTHERAN BLVCI. 50' GREEN STRIP 50' GREEN STRIP LEFT TURN LANE PHASE 1 - --- LEFT TURN LANE SIGNALIZED INTERSECTION INTERSECTION OF NORTHWESTERN PIKE & TRADER DRIVE 50EGWENSM� - -50cFEEN STRIP -------------- PHASE 4 TFfiO LANE PHASE 2 SIGNALIZED LEFT TURN LANE INTERSECTION PHASE 2 RK)HT TU�1I.APE PHASE-4- 4— —PHASE 4 TFiF�0U0H LADE FNCOXR�THWESTERN ---"AT�i�TUFiV PIKE - 5Qr--9 LEFT TURN LANE a Z W W z z W N O m m N N a QN CO 0 m Z N Wo* fi m U .0� wo Z Q J a Z H W F Z 2la a IL �Q 2 O Q> IL J O W az J W W Fo 9LLI O �� c� W J aQ N Me ow mx J z > J � H Z W a DATE: Oct 24, 2013 SCALE: NTS DESIGNED BY: RRS JOB NO. 4628E SHEET 2 OF 3 • NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. PHASE I / / % fjg�T W/ TAPER FF;ff ROW / // �/ / / PHASE 2 — PHA 2 FIT 37 FiCIHT TURN LANE 3rd WEST BOUND LINEPHASE 2 // / j► /, v / —� 7 DUAL LEFTSKY"- I�fTECiiON 7 NTEf ECT10N B L �� / Ex SK AL® MS�("T10N EX B P AL2M HTERSE ,'TION PHASE 2 DUAL FiOHT TURN LANES - SMAL a Z W Lu a W a 3 W Lli a z O W W W J cc z a z O W W 0 ul cc J U) 0 Co u W V2 a a a w E- C.7 O X O as w z a I DATE: Oct 24, 2013 SCALE: NTS DESIGNED BY: WRS JOB NO. 49283 SHEET 3 OF 3 0 • a (keenway Engineering N,.,:mber 25, 2008: Revised January 6, 2009; Revised January 27, 2009; Revised February 16. 2009: Revised February 19. 2009; Revised March 2, 2009; o Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 SILVER LAKE, LLC PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (B2) and MS Medical Support District (MS) PROPERTY: 238.96t acres; Tax Parcels #52-((A))-C, 52-((A))-50A, 52-((A))-52, and 52-((A))- 63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Commercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: November 4, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments to Rezoning Application #01-09, which rezoned 370.02t-acres from the Rural Areas (RA) District to establish 238.96t acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))-50A, 52-((A))-52, 52-((A))-63) and 131.06f-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50); development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. The conditional zoning amendments within this document are intended to apply to the 238.96t acres of B-2, Business General District, while the 131.06t-acres of MS, Medical Support District will comply with the conditions approved as part of Rezoning Application #01-09 on April 22, 2009, identified as Section B. MS, Medical Support District Area. In the event that the conditional zoning amendments are not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. File #4928S/Silver Lake ITC Rezoning • 0 Greenway Engineering No—mber 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 2 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 PROFFER STATEMENT A. Generalized Development Plan Tile Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated October 24, 2013. Tile GDP Is recognized to be a conceptual plan and may be adjusted by tile Applicant to accommodate filial design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section AI of this proffer statement. B. MS, Medical Support District Area The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-504.02(B)(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall Include all independent living units, assisted care living units, aIld skilled Ilursing Care units. The location and totals for tile residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the Consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via National Lutheran Boulevard as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on National Lutheran Boulevard to provide access to the CCRC. File #4928S/Silver Lake I.LC Rezoning 0, • Greenway Engineering Nu..anber 25, 2008; Revised January G, 2009; Revised January 27, 2009; 3 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales 1 Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of National Lutheran Boulevard and Trader Drive throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located outside of the public right-of-way. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between National Lutheran Boulevard and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses unless prohibited by topographic conditions. File #4928S/silver Lake LLC Rezoning • W Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 4 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, oI' cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-fool asphalt trail located along the south side of the Phase 1 segment of National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(2)(0 of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of' National Lutheran Boulevard shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase ITransportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase I segment of National Lutheran Boulevard as specified in Section D(2)(1) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior- to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between National Lutheran Boulevard and Trader Drive. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Trader Drive and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake I,LC Rezoning 0 ! Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 5 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of- all monument freestanding business signs shall be consistent throughout the B2 District. Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreeIllents. D. TraIlsportatimi EnhancemeIlts The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportatioIl improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements ideItified in illustrative form Oil the proffered GDP are general In nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. Tile Applicant shall be entitled to develop the CCRC and a I11aXII11um of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this laird use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t1i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase I transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use Or equivalent trip generation as noted above on the B2 portion of the Property. Pile 114928S/silver Lake LLC Rezoning 0 • Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 6 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 b. The Applicant shall dedicate all right-of-way necessary for the Phase I improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of filial non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the Intersection of Northwestern Pike (U.S. Route 50) and the relocated National Lutheran Boulevard. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre-emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated National Lutheran Boulevard. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing National Lutheran BollleVard for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard within the Property to Pile #4928S/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 7 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Trader Drive, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on National Lutheran Boulevard at the Intersection Of Northwestern Pike. National Lutheran Boulevard shall be developed as a foul -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a fOLll'-lade urban road Section. The COIIStrUCtiOn Of the two-lane road section shall include a raised median Section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing National Lutheran Boulevard for access to Northwestern Pike. Furthermore, the Applicant agrees to design and Construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic Counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction Of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements In conjunction with coIIstructlon activities associated with National Lutheran Boulevard as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound Off ramp at the Route 37 Interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 Interchange improvements described In this Section prior t0 the approval of any Site Plan that exceeds 180,000 Square feet Of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improveIlleIlts to the Route 37 Corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a File 114928S/Silver Lake LLC Rezoning • 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 8 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching fluids by Frederick County for qualifying transportation improvements programs or grants. 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase I — Phase 2. However, the Applicant can deviate from this land use mix aSSLIMing the total trip generation for site plans within this phase of the transportation program (based on the ITE 7`I' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic slgnalization agreement with VDOT to fully fund new traffic signallzation with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Trader Drive. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Trader Drive for access to Northwestern Pike. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant Study and signal design plans in File 114928S/Silver Lake LLC Rezoning 0 0 Greemvay Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 9 Revised February 16, 2009; Revised February 19, 20M Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009: Revised November4, 2013 accordance with VDOT standards for approval to install traffic signalizatioIl at this intersection. d. The Applicant shall design and construct, or Cause for the Construction of improvements to Trader Drive to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with National Lutheran Boulevard, and left turn laIles and right turIl lanes at all comIllercial entrances as required by VDOT. Additionally, the Applicant shall design and Construct, or cause for the ConstructioI Of a median Crossing Including a westbOUlld right turn lane and left turn lane and an eastbOUnd left turn lane on Northwestern Pike at the intersection of Trader Drive. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use aild 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Trader Drive intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Trader Drive, and further agrees to design and construct, Or Cause for the Construction Of the fOUr-lane urbaIl road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design aild Construct, or cause for the Construction Of improvements to National Lutheran Boulevard to provide for a two-lane urban road section that is Constructed to a 40 mph geometric desigIl standard and provides for left turn lanes aIld right turn lanes at all internal collector street intersectioIls and at commercial entraIces as required by VDOT, which continues from the terminus of National Lutheran Boulevard Constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for National Lutheran Boulevard and further agrees to design and construct, Or Cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and Construct, or cause for the construction of modifications to, or the elimination of the median crossings on Pile #4928S/silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revisal January 6, 2009; Revised January 27, 2009; 10 Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the ApplicaIt in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Trader Drive as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improveIl7ents described III this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge Structure Continuing east to the transition for the Route 37 northbound on -ramp, to Include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office laud use or equivalent trip geIleratioIl as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvemeIt described In those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this moIetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the eveIlt that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior File #4928S/Silver Lake I.LC Rezoning 0 • Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; I I Revised February 16, 2009: Revised February 19, 2009: Revised March 2, 2009: Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary coItribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet Of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use IniX aSSUining the total trip generation for site plans within this phase of the transportation program (based on the ITE 7°i Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of. office land use Or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will Occur Oil the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements Within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assure all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to National Lutheran Boulevard to provide for a second right turn lane on National Lutheran Boulevard at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with National Lutheran Boulevard, and left turn laIles and right turn lanes at all File #4928S/Silver Lake LLC Rezoning • • Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 12 Revised February 16, 2009; Revised Febmary 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 commercial entrances as required by VDOT, which will provide for a connection between National Lutheran Boulevard and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52-((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between National Lutheran Boulevard and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may Shift Without the heed for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use Within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7t11 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with Pile #49285/Silver Lake I.I.0 Rezoning •, • Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 13 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November4, 2013 right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, Or cause for the construction of improvements to Trader Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet Of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer- statement on the B2 portion of the Property. cf. The Applicant shall design and construct, or cause for the constrLiCtiOI1 Of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, Construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections 1)(2)(0, 1)(3)(d), and D(3)(e) of the proffer- statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive Intersections with Northwestern Pike, oil National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary Of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit Construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are rnet. The Applicant shall CornInence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and File #4928S/silver lake LLC Rezoning • a Greenway Engineering November 25, 2008; Revised January C, 2009; Revised January 27, 2009; 14 Revised February 16, 2009; Revised Febmary 19, 2009; Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 support facilities On or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum Of three acres and a maxinlum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and fescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amOLlnt Of $100,000.00 for the developlllellt of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue Station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary C011tl']bLlt1011 payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of all existing fire aIld rescue Station has Ilot been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing mire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the constIuction of the new fife and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station On the Property. File #4928S/Silver bake LLC Rezoning • • Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 15 Revised February 16, 2009; Revised February 19, 2009: Revised March 2, 2009; Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Date: Commonwealth of Virginia, City ount f rYt? C(ev I G«' To Wit: The foregoing instrument was acknowledged before me this + day of NOQf 20t by Ckm e I o 5 �LL 1 iLt ✓1 'Z My Commission Expires i-elo Zq 1 2-01 6 Zri t0 10 i0 Notary Public File F149285/Silver We L LC Rezoning NOTE: mw THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGEND PHASE I 0 PHASE 2 PHA5E 3 _ PHASE 4 BY OTHERS LANDBAY LEGEND M5 D15TRICT =v�` 52 DISTRICT FIRE t RESCUE SITE 0 GREEN STRIP AND PA551VE 0 OPEN 5PACE TRAIL LEGEND A A OPT ION1 1 132-DISTRICT ` t \ \ \t\ \ t t ROUNDABOUT 12-DISTRICT / I / OSNERAL LOCATION i 01 1 ' ��9[ a IIESCUE ffv / �v 1* iLl�9lft-1 A AV B2-DISTRICT Z�. � --------- 50' GREEN STRIP MS -DISTRICT B2-DISTRICT GENERAL LOCATION Of PASSIVE OPEN SPACE AREA I r c ►BAN 50' GREEN STPIP J Z W W Z a Z W " o N N �? Q COU m , Z� �° u I p., � N w � q W b ro„ W o 6 4) °, 4 W V] i EEJ L H W Z g �aU)d 0 q > 0 W Q o > wz W LW o >LLI I i Lu c5 U aQ W J ow CC J W wG`' z � J � LLI N Z W DATE: Oct_ 24, 2013 SCALE: NTS V DESIGNED BY: WRS JOB NO. 49283 SHEET 1 OF 3 NOTE: Nw THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. LENGEND 10' ASHPALT BICYCLE & PEDESTRIAN FACILITY ORNAMENTAL TREES ORNAMENTAL SHRUBS 50' GREEN 5TRIP ENHANCEMENTS SNPpLT BICYCLE g PEOfB �0/B / TpI4N FA ILIT00 R/w IR/W 30' MAX INTERSECTION OF NORTHWESTERN PIKE & NATIONAL LUTNERAN BLVD. i Q 50' GREEN STRIP t 50' C3REEN STPoP - 1 ♦ -- -NORTIqWlESTEFPILE TURN LADE _ LEFT - - - - W a E- �a PHASE 1 2 0 Q LEFT TURN LANE 81GNALIZED a 0 J LLI a a INTERSECTION ' W W Fo 0 ' Q U INTERSECTION OF NORTHWES'rERN PIKE & TRADER DRIVE W x W J -- W -- N oc m a _ ,J W U) �. w 5WO' 1 9 T FW 50' FEEN STRIP — C z PHASE 4 THROUGH LANE PHASE 2 LEFT TURN LANE t - - Z V) LLI - PHASE 2 RIGHT TU�L1Ai+E _ PHASE_- --PHASE 4 THROUGH LANE ---� NORTHWESTERN PIKE _—T TURN LADE _ - - - DATE: Oct 24, 2013 PHASE 2 SCALE: NTS LEFT TURN LANE SK)IALQE DESIGNED BY: RRS INTERSECTION JOB NO. 4928S SHEET 2 OF 3 0 RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 ® APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 06-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning 401-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. Tlie properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by Property Identi icat.ion Numbers 52-A-C, 52-A-50A, 52-A-52 and 521-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission field a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning 40 1 -09 relating to the relocation of the site provided fur the development of a new fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. i138-13 I A This ordinance shall be in effect on the date of adoption. Passed this 1 1 th day of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. gy-p— Christopher E. Collins Aye PDRes. 1138-13 A COPY ATTE JohRildy; Jr. Frepgfick County Administrator O F4]0 / Z O C \ , N O 41 \� A�-v / 52 A 50 52 A 50A 30 28 27 r 52 A 63 32 tF231 � 1 20 1 NORTHWESTERN PIKE -Winchester 8. Western RR\ RO UN' R. Legend .? r V� Project Outline J v� Adjoining Property O Parcel Boundary �0 7 114 52 A 521f 52 A C 12 EU [�6 Z N _ N N o W n LU m z C N C O O n N � � O LL w m UJ 44 E C o � N 8,, a�i .S I m c C c N Q J � � `O w Z a n Oe e in s W ! d o N y T W LLI �s F51 lwAtMgRrDR 15 13 50 �� �/ Q CROCK wE<<3 M/<< DR co ~ J NORTHcc U W w c ESTERN PIKE 2 1J 9 O� ---m 7 f1P 858 --,803 �5 Feet -moo 700 350 0 700 1,400 a- Q J w J w w Y w Q O J CY- a- w J z cf) z O Q w 0 U M `n a c 0 Z a tnz� � U W Q J 1— U) 00 w w w > N 0) Q a0 J x O = O o ~ a� D_ < ULIJ w � z 0 U 0 Un z O w a LL O m w o 0 w w o Q z X L o� 0 w uJ Q o Data Source Frederick County. Va GIS Department. 2012 Data • !��• •fir f i, ti`,., � � v �' � `;`� � Z .' Lai t ". a ..i. • ry n V r III Ilk � O Z E $ Z W � W m E F .: c y W m Y 3 m $ o d 1i J' I Z LLILLI v f; N I + _= U UJ 52 A 50A w a • J oil -"52 A 63 ��' ' + ! �'' �r Y z z /� J 0 Q > fQ°i/ s27 . — 52 A 63 ` i �� z O N R 'T PI O THWESTERN KE �...._. 02 620 52 �J Western RR Hp 7� Winchester & UN�. NORT►iyy-STERN PIKE � " ` :-���"-•' / o Z iz W �1� �f�► w !/ U) Z _ c� 654 rn to LIJ 711 rr �► •' • i �� Qi 1� �KATHY ET U UJ J CrLegend _ • w QProject Outline / J } j.z��•lrl 2 x!+�'� ♦, Y Z Z Z Project Parcel Boundary •''/ .,„'� f" i „h r Q� ' Q Z O Parcel Boundary �`- ,, . ; i N C g U w + 'row i > ---J Winchester City Llmrts �2. "a' j j :!+ f �+Dr J Z -J m U Ir ¢ (D 0 0 C) o i •l� 37 �� / Co ' . LLwu-z z Feet 1,000 500 0 1,000 2,000 C u W UJ AIL Ilk Uala Source: t-redranch i:Inrnty, Va. GIS lh-p,utmont, 2012 Uata, Aerial Photo Irorrl Y010 K :MEEMMMENCE Proffer Statement & Generalized Development Plan UU�)tS/0 Invoice Number Invoice Date Description Gross Amount Discount Taken Net Amount Paid PROFFER E.2- 05/15/2014 PROFFER E.2: FIRE/RESCUE $1,000,000.00 $0.00 $1,000,000.00 $1,000,000.00 $0.00 $1,000,000.00 77.ge i/illcige ci/ 0)-cl9co-(I Riclg e The Village at Orchard Ridge 2301 Research Blvd., Suite 310 Rockville, MD 20850 PAY One Million Dollars and 00 Cents EX6CTLY PAY TO THE ORDER OF: TREASURER OF FREDERICK COUNTY Detach Before Depositing Firs# Bank �l 66-258'S12 Strasburg, VA 540.465.9121 No.005876 DATE CHECK NO. AMOUNT r�r AUT IORIZED 9SIGaNki,6RREE volDS87P.0 1:0S0402S891: L20393220V, NOTES RECEIPT r DATE "f I f l NO. 855938 RECEIVED FROM � e Vi 1lh,�P a--,I�/ c��.r�(� A"dge- OO fl ADDRESS A, t7/ fie -see, rch f /v,.(• 411/4 . i'/y oc bo FOR Oil 7�iyr��c f /-APir �or I `i� f �SCu� � � c' z6") iACCOUNT . HOW PAID o) / /Ile • AA1irQF': ACCOUNT CASH O�'� ;�' /J/ CC ) p1 "fl "z� y . �J �'� •-tx , AMT,r C BY �c� .may/r.,iEiu. }L>LL�✓ IIAIANCE MONEY ONEY DUL.' ORDER © RED! r:r+ ® alai n zoo • • April 1, 2014 Mr. James R. W'ilkins. III Silver Lake, LLC 13 South LOUdoun Street Winchester, VA 22601 COUNTY of FREDE-RICK Department of Planning and Development 540! 665-5651 Fax: 54W 665-6395 RE: Proffer for Fire and Rescue Enhancements Rezoning #06-13 Silver Lake, LLC Dear Mr. Wilkins: This letter is to inform you that the Site Plan for the new fire and rescue station was approved by Frederick County on :March 27, 2014 (Proffer E. ! ). The County is seeking a dedication plat from the applicant to the County, and right-of-way along Corporate Place (Proffer E.1). The applicant is required to pay a monetary contribution of $1,000,000.00 to be paid to the County for the development of the new fire and rescue station (Proffer E,2). The County is requesting the dedication plat, right-of-way dedication, and monetary contribution by Apr..-)<2014. If you have any questions, please call me at (540) 665-5651. IA�ry 1 Sincere]),. � `Nar7� R. Chcraiit Zoning Administrator M RC/rsa 107 North Kent Strcet. Suite 202 • Winchester, Virginia 22601-5000 CD n RESOLUTION Action: PLANNING COMMISSION: December 4, 2013 - Recommended Approval BOARD OF SUPERVISORS: December 11, 2013 ® APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-13 PROFFER REVISION OF SILVER LAKE, LLC WHEREAS, Rezoning #06-13 Proffer Revision of Silver Lake, LLC, submitted by Greenway Engineering, Inc., to revise the proffers associated with Rezoning 40 1 -09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities, was considered. The proffer revision, proffers originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along Northwestern Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. The properties are located on the north side of Northwestern Pike (US Route 50 West); west of Retail Boulevard, and east of Poor House Road (Route 654), and is identified by Property Identification Numbers 52-A-C, 52-A-50A, 5 2-A-52 and 52-A-63 in the Gainesboro Magisterial District. WHEREAS, the Planning Commission held a public meeting on this rezoning on December 4, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 11, 2013, 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 proffers associated with Rezoning #01-09 relating to the relocation of the site provided for the development of a new fire and rescue facility and support facilities. The proffer revision, originally dated November 25, 2008, with final revision dated November 4, 2013, is replacing the previous fire and rescue site which was located along No Pike and Silver Lake Road with the new location which will front on Corporate Place Drive near the intersection of National Lutheran Boulevard. PDRes. #38-13 This ordinance shall be in effect on the date of adoption. Passed this I l th day of December, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye — Christopher E. Collins Aye A COPY A JohrXRIRildjr; Jr. Fre Fick County Administrator v IRGINIA:1-'R�llERICK COUNTY.SCT. This instrument of writing was produced to me on 2- 3 and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by See. 58.1-802 of and 58.1-801 have been paid, if assessable. 4&e4 , Clerk C rJ PDRes. #39-13 .7 • Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; 13 O Revised February 16, 2009; Revised February 19, 2009; Reprised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 N right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Trader Drive to provide for a second left turn lane on Trader Drive at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to National Lutheran Boulevard. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the National Lutheran Boulevard and Trader Drive intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of National Lutheran Boulevard and Trader Drive to four -lane urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the National Lutheran Boulevard and Trader Drive intersections with Northwestern Pike, on National Lutheran Boulevard at the eastern boundary of the Property, and on the two-lane road connector between National Lutheran Boulevard and Poor House Road at the western boundary of the Property, If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and File N4928S/Silver Lake LLC Rezoning 0 Greenway Engineering November 25, 2008; Revised January G, 2009; Revised January 27, 2009; 14 CD Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; O Revised March 13, 2009; Revised March 30, 2009; Revised November 4, 2013 {�) C � support facilities on or before April 21, 2014. The Applicant shall dedicate a site fronting on Corporate Place that is located near the intersection of National Lutheran Boulevard, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Corporate Place on or before April 21, 2014 provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County on or before April 21, 2014 to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved on or before April 21, 2014. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases, The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #i4928S/Silver Lake LLC Rezoning � e RE COPY N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST 5 DATE RECEIVED: \\ 413 REQUESTED COMPLETION DATE:11126 1 3 REQUESTING AGENT: V Ro s, +-0- Department, Agency, or Company: P A O Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) P rN sa A-c, S a-A-5a 1, 1-« �Q LbC, 5a-A- 5'A 5 -/�- l03 N 5�-/� So�A �,�_ a C A� DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: ' a - — C -) d -A - (p 3 BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) R,e Z,) n ' ` 1) 17�U_qQi A S C A IN M E 0 ALL�ITED Rezoning Comments E MA I LED , Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia Applicant: Please Fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of ,your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Nanle: Groonway Engineering, Inc. Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Location of property: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). Current Zoning: B-2 & MS Districts Zoning requeSte& B-2 & MS Districts Acreage: 370.02+i- Department of Public Work's Comments: lCU 0 10M Stu _` Oy� Q L, 0saa Public Works Signature & Date: _ Notice to Dept. of Public Works lease Return This Form to the Applicant 21 Fax from : 540 678 476 11-05-13 14:26 Pg: 3 • Rezoning Comments Frederick County Fire Marshal an Mail to: Hand deliver to., Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist die Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, iinpact>unnlysls,.and any other, pertinent information. Applicant's Nanle: Groonway Englneodng, Inc. Telephone: (540)662AI85 Mailing Address: 151 windy Hill Lane Winchoslor, VA 22602 Location of property: North side of Norlhwusturn Pike (U.S. Route 50 West); Wost of Retell Boulevard; and oast of Poor Houso Road (Route 654). Current zoning: 0.2 s Ms Districts Zoning requested: B-2 8 MS Districts Acreage: 370.02+/- FFFirc Marshal's Comments: Fire Marshal's Signature & Dale: l� 13 Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED OCT 2 5 2013 Fax £ram : 540 676 476 11—�13 14:25 Pg: 2 ��X•._ti—' Frederick County Fire and Rescue �' cc Dej�arfinenf A K a C)ffire of the Fire rAarsha( Nan Review and Con-urtents v1Rc1NrA Control number Date received RZ15-0004 1025/2013 Project Name Silver Me LLC - Rt 5o, wrest or the Walm-rrt Address City 151 Windy Hill Lane Winchester Type Application Tax ID Number Rezoning 52-A-50 Current Zoning Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Dale reviewed Date Revised 11/4W13 Applicant Greenwray ErKilneedng,Inc State Zip Applicant Phone VA 22602 540-662.4185 Fire District Rescue District 15 15 Recommendations Automatic Fire Alarm System Yes Hydrant Location Roadway/AISlcway Width Election District Gainesboro Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Kenneth Scott Title • Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Address & Phone Round Hill Volunteer Fire & Rescue Company P.O. Box 1368 Attn: Tire Chief or Assistant Fire Chief Winchester, VA 22604 Chief Chester Lauck Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Nanic: Greenway Engineering, Inc. rfClCphollC: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of pl'operty: North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). CLII-I-Cllt Zoning: B-2 & MS Districts Zoning rcgIICS(CCI: B-2 & MS Districts Acreage: 370.02+/- Fire/and Rescue Mv� Cviosimo+p�a -�ly�'s Comments: l,J a.Cr,S�a�'tn4/crc�cc1 /on /to/FC�/ � �Trs �(c/c-3 /r -Pt,t�isi,ti-- Tire & Rescue Company' /J Signature c'�' Dale: //�6//3 Notice to Fire & Rescue Company - Please Return 'Phis Form to the Applicant 32 Untitled Page littps://taxes.co.fi-eder�va.Lls/applications/tr_paytaxes/REDetai1.aspx Frederick County Virginia zvr,4r77rFToa Pay/Lookup Taxes Nate: Use the: print key for your browser to print it copy of (he screen at any tints. Payment HomeTm Personal Properly Real Estate ^ Dog Tags Pay Parking Violation _ Other Payments^ShoppingCart(0)^ Pin Options Change Email Real Estate Ticket Detail ProvIOUS 2013 REAL ESTATE Dept/Ticket# RE2013/354720001 frequency 1 supplemelitH 0 Name SILVER LAKE LLC Mapil 52 A C Account# 14307 Name 2 C/O JAMES R WILKINS III Bill Date 04/12/2013 Acreage Address',13 S LOUDOUN ST Due Date 06/05/2013 Improvements WINCHESTERVA Desc 16-1.66ACRES LBI1d`:11laC /.ip 22601 4719 Penalty Paid S0.00 Interest Paid S0.00 Curren( Pavnrcnl slulus Orginal Bill Payments Principle Balance Due Penalty S15,350.70 (S1S,350.70) S0.00 'transaction history Date Type "I'a ansuclionll 4/12/2013 Charge 0 6/5/2013 Principle Paid 10349 Provlous Land Use Minerals 164.660 $30,000.00 S5,218,100.00 So.00 S0.00 Last Transaction Date 06/06/2013 Interest Balance Due So.00 S0.00 So.00 Amount Balance S 15,350.70 S 15,350.70 (S 15,350.70) S0.00 loft 10/24/2013 4:52 PM Untitled Page https://taxes.co.freder k va.tls/applications/tr_paytaxes/REDetail.aspx is ,, ,, r, ,.,,,,,,x Frederick County Vinyinia L,,,,r,7(, Pay/Lookup Taxes Note: Use (lie prim key for your browser to print a copy of tie screen at any time. Payment Home Personal Propertyu Real Estate Dog Tags Pay Parking ViolationM Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail 1 Previous 2013 REAL ESTATE Depl/Tickel# RE2013 / 354730001 frequency 1 IA SUpplenlcnt# 0 Name SILVER LAKE LLC Mapit 52 50A Account# 13518 Name 2 Bill Date 04/12/2013 Acreage Address.13 S LOUDOUN ST Due Dale 06/05/2013 Improvements 'WINCHESTERVA Desc 11.40ACRES I•andValue Zip 22601 4719 Land Use Minerals 11.400 S67,100.00 S402,200.00 S 0.00 S 0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 06/06/2013 Current Pnvmenl Status Orginal Bill Payments Principle Balance Due Penalty Interest Balance Due $1,372.71 (S1,372.71) $0.00 S0.00 $0.00 S0.00 Transaction Ilislorl, Dale Type Tl:msactionll Amount Balance 4/12/2013 Charge 0 $1,372.71 S1372.71 6/5/2013 Principle Paid 103,19 ($1,372.71) S(L00 Previous 10/24/2013 4:53 PM Untitled Page littps://taxes.co.fi-e(ler N,a.Lls/applications/(f_paytaxes/REDetaiI.asl)x IwdeiwkIIon),. Frederick County Virg -rota zzff irrla- - Pay/Lookup Tares Note: Use the print key for your browser to print it copy of the screen at any timc. Payment Home APersonal Property Real Estatey Dog Tags _ Pay Parking Violation Other Payments VShoppingCart(0) _ Pin Options Change Email Real Estate Ticket Detail Previous 2013 REAL ESTATE Delri/ticket# RE2013/354740001 Vrequency 1 5upplementii 0 Name SILVER LAKE LLC Map# 52 A 52 Account# 13522 Name 2 C/O JAMES R WILKINS III Bill Dale 04/12/2013 Acreage Address 13 S LOUDOUN ST Due Date 06/05/2013 Improvements WINCHESTER VA Desc 8.27 ACRES I -and Value zip 22601 4719 Penalty Paid $0.00 Interest Paid $0.00 Current Plnnlenl Status Orginal Bill Payments Principle Balance Due Penally S853.52 ($853.52) $0.00 '11-ansaclion Ilistrn-1. Dale '1'ype 'I'rmsuctiontt 4/12/2013 Charge 0 6/5/2013 Principle Paid 103,19 Previous Land Use Minerals 8.270 Sn.00 $291,800.00 S0.00 So.00 Last Transaction Date 06/06/2013 Interest Balance Due $0.00 Sn.00 $0.00 Amount Balance $853.52 $853.52 (s853.52) s0.00 10/24/2013 4:53 PIv1 I Untitled Page littps://taxes.co.f-e(lei-i%a.us/applications/ti-_I)aytaxes/REDetaiI.aspx 1* 0 frrdrricl.rinnh.. Frederick County Vii-giIliaLLT.ir (f-Loe Pay/Lookup Taxes Note: Use the print key for your browser to prim it copy of [IV screen at any time. Payment Home Personal Property Real _ Estate ^' Dog Tags T Pay Parking Violation Other Payments ShoppingCarl(0)� Pin Options Change Email Real Estate Ticket Detail Previous 2013 REAL ESTATE Deptllickelil RE2013/354750001 I'rcquency 1 supplement# 0 Nione ,SILVER LAKE LLC Map# 52 A 63 Account# 13531 Name 2 C/O JAMES R WILKINS III Bill Dale 04/12/2013 Acreage Address13 S LOUDOUN ST Due Dale 06/05/2013 Improvements WINCHESTERVA Desc 54.65ACRES land Value Zip 22601 4719 Penally Paid orginal Bill S5,076.05 Date 4/12/2013 6/5/2013 Land Use Minerals S0.00 Interest Paid S0.00 Last Transaction Dale 06/06/2013 Curren( Pavment Status Payments Principle Balance Due Penally Interest (S5,076.05) $0.00 S0.00 S0.00 'transaction history Type 7'ransacliontl Amount Charge 0 S5,076.05 principle Paid 10349 (S5,076.05) Previous 54.6S0 S 0.00 S 1,735, i00.00 So.00 So.00 Balance Due So.00 Balance S5,076.05 $0.00 1 of 1 10/24/2013 4:51 P1v1 Taxes Paid Statement Silver Lake LLC Adjoining Properties Listing Number Tax Map Number Owner Mailing Address City and State ZIP 1 52 A 47 CARPENTER ROBERT N TRUSTEE - CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD WINCHESTER VA 22603 2 52 A 48 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 3 52 A 49 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 4 141 A 170 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 5 53 A 69 FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 WINCHESTER VA 22604 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 WINCHESTER VA 22604 8 52 A B WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604 9 152 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 10 52 A 71B BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR. WINCHESTER VA 22602 11 52 A 71C BISHOP GREGORY A - BISHOP STACIE L 108 STONEWALL DR. WINCHESTER VA 22602 12 52 A 51 BLACK ROY J N C - BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602 13 52 12 B MP LLC - C/O MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 14 152 A 51A SPAID STEPHEN M - SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603 15 52 12 Al WEBBER CHARLES L - WEBBER BETTY C 2539 NORTHWESTERN PIKE WINCHESTER VA 22603 16 52 A 229 TRUSTEES OF LIGHTHOUSE BAPTIST- CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603 17 52 A 228A TRUSTEES OF LIGHTHOUSE BAPTIST- CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603 18 52 A 53 TURNER BERNARD L- TURNER CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603 19 152 A 227A SMITH KENNETH H 2587 NORTHWESTERN PIKE WINCHESTER VA 22603 20 52 A 54 ROBINSON C L - C/O TONY E ROBBINS 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 21 52 A 226 KERNS LINDA L 112 ROBIN HOOD CiR WINCHESTER VA 22603 22 52 A 194 ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603 23 52 A 193 TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 24 152 A 166C TRIPLETT JERRY W 170 ASPEN HILL RD MINERAL VA 23117 25 52 A 166 CATHER DAVID LEE -SEE BETTYJO 1159 MARTINSBURG PIKE WINCHESTER VA 22603 26 52 A 55 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 27 52 A 56 BAYLISS JAMES A PO BOX 1816 WINCHESTER VA 22604 28 52 A 57 HAINES PHILIP C & DIANA N TRUSTEE - HAINES ANNELIESE E 675 POORHOUSE RD WINCHESTER VA 22603 29 152 A 58 VERRET ROY A - VERRET BETTY C PO BOX 283 WINCHESTER VA 22604 30 52 A 59 HAINES PHILIP CTRUSTEE ETALS 675 POORHOUSE RD WINCHESTER VA 22603 31 52 A 60 HAINES PHILIP C - HAINES DIANA N 675 POORHOUSE RD WINCHESTER VA 22603 32 52 A 60B TRUONG DAWN - HUA SANG V 109 FISHERS HILL CT STEPHENS CITY VA 22655 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWESTERN PIKE WINCHESTER VA 22603 34 152 A 66 TANABE EMI 350 POORHOUSE RD WINCHESTER VA 22603 35 52 A 65 COCHRAN CHARLES E JR - COCHRAN MARIAM G 208 FOX DR WINCHESTER VA 22601 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 22601 39 152 3 3 LABROZZI JOSEPH A - LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22603 40 52 3 4 MERRITT LARRY D - MERRITT SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603 41 52 A 44 ROBARE CHRISTOPHER E - ROBARE MARY C 425 POORHOUSE RD WINCHESTER VA 22603 42 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA 22603 43 52 A 46 BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603 44 152 A 46A I MOLDEN REAL ESTATE CORP 12400 VALLEY AVE IWINCHESTER VA 1 22601 0 • Source: Frederick County GIS, October 2012 • 0 -C) GREENWAY ENGINEERING I I Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Silver Lake, LLC Conditional Zoning Amendment File No: 4928S Date: Thu, Nov 7, 2013 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail COLIHer ❑ Pick Up ❑ Other ❑ Urgent Fv� For Your Review 0 As You Requested ❑ Please Conini nt Message Hi Mike, Please find attached the required information for the filing of the conditional zoning amendment for Silver Lake, LLC; as well as 25 copies of all color exhibits, and a CD that provides PDF's of all exhibits. Please schedule this project for the 12-4-13 Planning Commission and the 12-11-13 Board of Supervisors agendas and contact me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups OnIN : Received by: Xou n ECot Date: Tllls Please Print Name: LO'Arf-n R00+- 0 • Rezoning Application; SLPOA Document; Location Map & Adjoining Property Information