Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-21 Greystone Properties & White Properties Gainesboro PINS 53-A-90, 91, 92, 92A, 92B, 53-3-A, 63-A-2A - Backfile
r 4 REZONING TRACKING SHEET Check List: Application Form ✓ Fee & Sign Deposit Proffer Statement Deed Impact Analysis v Plat/Survey J Adjoiner List ,� Taxes Paid Statement / S 0 a File opened S 101 Z-1 Reference manual updated/number assigned D-base updated S 16 Z I Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive A til Application Action Summary updated ii Scan additional items as needed (Project Planner to direct) t0, 24 al Planning Commission Meeting ACTION: ?� d Board of Supervisors Meeting ACTION: �d Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers z- Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated al o� Application Action Summary updated l a ( File given to Mapping to update zoning map 74X2 /of ( Zoning map amended Sys ID # DAIT 562477 RECEIVED FROM ADIL2[)SS�L FOR uck ACCOUNT HOW PAID 1 EGINN CASH AIANAN(; ; AMOUNI A CHECK .-MONEY M1ALANCE IE oinnit BY (4)2001 RMT-9PLIv S1057N-Cl- cut COUNTY of FREDERICK Department of�Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 July 27, 2021 Grecllway Engineering Evan Wyatt 151 Windy Hill Lane Winchester, VA 22601 RE: REZONING #02-21 Greystone & NAIhite Properties PINS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A Dear Mr. Wyatt: This letter serves to confirm actiou taken by the Frederick Count), Board of Supervisors at their meeting on July 14, 2021. The above -referenced application was approved to rezone 119.27 acres from R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The subject properties are located east of Route 37 and Merrimall's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District and are ideutlfied by Property Ideutificatloll Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A. The proffer statement originally dated October 16, 2019, and revised on March 25, 2021, that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney 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, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: J. Douglas McCarthy, Supervisor Gainesboro District Kevin W. Kenney, Chairman and Charles E. Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Mr. Richie Wilkins, 13 South Loudoun Street, Winchester, VA 22601 Mr. Willis White, 1520 Commerce Street, Winchester, VA 22601 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 r1 LJ Pam Deeter To: J Douglas McCarthy; Kevin Kenney; Charles Triplett Subject: Rezoning Approvals Attachments: CRT Properties, LLC #03-21 Approval.doc; Greystone Properties #02-21 Approval.doc Good morning, Please find attached the two approval letters for the CRT Properties and Greystone Properties from Ms. Perkins. If you should have any questions, please contact her. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us 0 0 Pam Deeter From: Microsoft Outlook To: J Douglas McCarthy Sent: Wednesday, July 28, 2021 10:43 AM Subject: Delivered: Rezoning Approvals Your message has been delivered to the following recipients: J Douglas McCarthy (dmccarthy fcva.us Subject: Rezoning Approvals Pam Deeter From: Microsoft Outlook To: Kevin Kenney Sent: Wednesday, July 28, 2021 10:43 AM Subject: Relayed: Rezoning Approvals Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Kevin Kenney (kkenneybuildings@gmail.com) Subject: Rezoning Approvals 1 REZONING APPLICATION #02-21 Greystone Properties & White Properties Staff Report for the Board of Supervisors Prepared: July 1, 2021 Staff'Contacts: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director - Transportation Reviewed Action Planning Commission: 06/02/21 Recommend Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject properties are located east of' Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west ofthe City of Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/14/21 BOARD OF SUPERVISORS MEETING: The subject properties are part Of the Original Willow Run development xvhich was approved in 2007 revised in 2009 and 2012. Rezoning #21-06 \vas approved for tip to 1,390 residential units and 32.4 acres for commercial uses. The Applicant proposes to develop the 119.27 acres with an age restricted Community. The site is located within the limits of the Western Jubal Early Land Use Plan (WJELUP) of the 2035 Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations which is consistent with the current zoning. Furthermore, the Plan calls for the residential areas to develop with single family detached and small lot units with a density of four units per acre. With this proposed rezoning, the 119.27 acres requested to be rezoned from the R4 District to the RP District is gellerally consistent with the Plan; however, the requested downzoning of the 238 acres to the RA District is inconsistent with the Plan. Staff would note that the 238 acres has the potential to develop with ul) to 47 by -right, f ,e-acre, single famil), /'esidential units, which (foes not confoiwi with the f[!tilPe VlSJOII f01' t1JlS aPe'a. h SIJOIlIlI be /JOteII that the liJO/letllT), pi-offel' per unit pi-o )OSed foi- the residential units that could develol) on the RA poi-tion Of the site (foes not adequate�y cover the impact on County facilities as projected in the COunt),'s Capital ImI)act Model (Caj) M) —See Pi -offer D. 2. The transportation network identified in the Comprehensive Plan calls for the extcnsion ofJubal Early Drive as an cast/west through road and the construction of a new interchange at ROuIC 37. In addition, a public major collector road is planned to facilitate traffic movement In a 1101•th-S011th direction to provide a connection between .iubal Early Drive and Cedar Creck Grade. Alternative modes of transportation, such as pedestrian and bicycle facilities, and an interconnected sySte111 Of IlltIlti-purpose trails and sidewalks are also planned. The proffers that curl-entl), apply to the site prol,ide for the construction of these 1'oadw(iys and pedestfan accommodations. %liecillTeiit (il)1)lic(ltioll pi,oposes to dowuzone a majo/'it), of the area whel'e the filture Jabal Em•ly Di-i),e /'ight-of w(iy /s located and Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 2 provides for a right-of-way dedication with a 25 year expiration clause. The area where the nor•th1sonth connection was located is planned to become a private gated access forthe age restricted community — thereb)) eliminating this connection. There is also the potential, should the 238 acres be developed with rural lots, the rno•th/south connection from Cedar Creek Grade to Jubal Early Drive would no longer be possible. The revisions to the transportation and pedestrian networks proposed with this rezoning are inconsistent with the Comprehensive Plan and the frrtrn•e vision for this area. Followin.a the r egrrirerl pr►blic heo i/rg, a decision regarding this rezoningapplication by the Board ofSuper>>isors tt,orrld be appropriate. TlneApplicarrt should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 3 This report is prepared Gy the Frederick Cornrth Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a llecision on this application. It Wray also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted 41, Staff where relevant throllghout this Staff report. Reviewed Action Planning Commission: 06/02/21 Recommended Approval Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of'357.64 acres. LOCATION: The subject properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and Nvest of the City of Winchester. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A- 2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) City of Winchester South: RA (Rural Areas) RP (Residential Performance) Fast: City of Winchester West: RA (Rural Areas) RP (Residential PCIT01-111anCC) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 4 REVIEW EVALUATIONS: Vir14inia Dept. of Transportation: Please see lellerfi•om BradleyS. Riggleman, P.E., Area Land Use Engineer Baled Jamuaiy 15, 2021. Frederick Water: Please refer to review comment #3 date April 7, 2021 from Eric Lawrence. Approved as submitted. Please see letter front Eric R. Lawrence, AICP, Executive Director doled April 7, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. Frederick County Department of Inspections: Site plan comments shall be provided at site plan submittal. No comments for Residential Rezoning. Frederick County Fire Marshall: Plan approved. Winchester Relzional Airport: No comment. County of Frederick Attorney: Please see email from Rod i "illiams. County AllorneV, elated December 1, 2020. Frederick County Parl{ & Recreation: Comment response dated 10-13-20 appears to resolve previous Parks and Recreation comments. Frederick County Public Schools: We have looked at the Greystone and White Rezoning. We note that a redLlCtloll in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we Offer no Comments. City of Winchester: Please see email from Timothy Youmans, Planning Director, claled February 14, 2020. 111,11111111f? & Zonlllf"': 1) Site Histol'}' The original Frederick County Z011ing slap (U.S.G.S. W111CheSter Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 to A-2 (Agricultural General) pursuant t0 the COL111ty's comprehensive downzoning initiative (Zoning Anlenchllent Petition #01 1-80), which was adopted on October 8, 1980. The COL111ty's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District 1.11)011 adoption Of all amendment to the Frcdcrlck County Zoning Ordinance on May 10, 1989. The corresponding revision Of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On February 28, 2007 the Board of'Supervisors approved Rezoning Application 1/21-06 which rezoned the properties from the RA (Rural Arcas) District to the R4 (Residential Planned Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 5 Community) District with proffers; the application was revised in 2009 and 2012. 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment Nvithin Frederick County. It is in essence a composition of'policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I ofthe 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Western Jubal Carly Land Use Plan (WJELUP) provide guidance on the future development of the property. The property is located Nvithin the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Tile 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for Single family detached and small lot units with a density of four Units per acre. Coinvrehe77sive Plan - Land Use Conforincince While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the prol)osed doli'77zoning 238 acres to the Ibf District is inconsistent lvith the Plan. The current zoning of the site provides for commercial and higher density residential land uses. The 238 acres has the potential to develop with up to 47 by -right single-family residential units, which does not conform with the future vision for this area. It should be noted that the Applicant has proflercd to prohibit the use of the Transfer o1'Developnnent Rights (TDR) Program For the RA portion of' the site. Transportation The WJELUP calls for the extension of Jubal Carly Drive as an east/west through road and the construction of a new interchange at Route 37 (The Connnonli'ealth TTc117sportation Boord, on .Mnua7)) 18, 2007, cil)l)roved the break in access on Route 37 to alloli, for the co77strrrctio77 Of' this neu, interchw2ge). The extension of'Jubal Carly Drive through this site is envisioned to be all urban IOUs -lane divided highway with landscaped medians and pedestrian accominodatloils such as sidewalks and bicycle facilities. In addition, a major collector road is planned to Facilitate traffic movement in a North -south direction to provide a connection between Juba] Early Drive and Cedar Creek Grade. Alternative modes of transportation, Such as pedestrian and bicycle facilities, and all 111terC01111COCd SyStelll of 111U1ti-pUrpose trails and sidewalks are planned for Jubal Early Drive and the roadway providing the North -South connection. 3) Transportation The 2035 Comprehensive Plan and the W.IC�LUP call for the CxtCuSiOn Of Ribal Early Drive as a Rezoning #02-21 July 1, 2021 Page 6 Greystone Properties & White Properties major collector roadway to Route 37 with an interchange with Route 37. In addition, the plans Call for a north/south major collector roadway through the site to connect Jubal Early Drive and Cedar Creek Grade. The plans also call for the availability of bicycle and pedestrian facilities. While the existing proffers associated with the 2012 rezoning provide these roadways, the current proposal does not. The current proposal only provides for the right -of' -way for Jubal Early Drive for a limited time period (with construction by others) and converts the north/south connection to a private roadway associated with the gated community. 4) Environmental The FEMA National Flood Insurance Program (NFIP) neap identifies f7oodplain areas associated with Abrams Creel: on the site. Wetland areas associated with Abrams Creek area also identified on the site as demonstrated on the National Wetlands Inventory (NWI). Karst features are known to exist on the property. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits of such lots. 5) Proffers The proffers associated with this rezoning application are as follows, Staff has identified concerns with the proffers that are shown in bold italic: Proffer Statement — Dated October 16, 2019 with revision date March 25, 2021: A) Land Use 1. The Owners ofthe 119.27± acres proposed for RP, Residential Performance District zoning profTer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family shall lot Unfits. The Owners ol'the 119.27i acres proposed for RP, Residential Performance District zoning profTer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37i acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age-restriCted C0111111LInity as a gated Co111111LInity with internal private streets ifapproved by the Board of'Supervisors per Section 144-24C(2)(c) ofthc County Code. Should the Board oi' Supervisors not approve the internal private street waiver, the Owners profTer to develop the age-restrictCd COI11111LInity per Section 144-24C(2)(b) of'the County Code. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 7 Staff Note: The Comprehensive Plan calls for a public major collector roadlvgy connection between the Jubal Early Drive extension and Cedar Creek grade. The proffers that currently apply to the site provide for the construction of this connection. The current application proposes to develop an age restricted community with a gated Access — thereb.y eliminating this connection. Staff also notes the need for a public bicycle mid pedestrian connection between Cedar Creek grade acid future Jllbal Early Drive. This concern also applies to proffer B2. Staff Note: Should the 238 acres be developed With rural lots, there is the potential that there would no longer be a feasible location for the construction of the north/south coil nectioll froln Cedar Creek Grade to Jubal Early Drive. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creel: Grade ifthe Board Of Supervisors allows a complete system ofprivate streets Wltllin the proffered age -restricted COnllllunity. The gated access entrance shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creel: Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the First Certificate Of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated Nvestbound right-turn/taper lane Wltll all approximate 15W storage length and a 50' taper length; a separated eastbound left- turn/taper lane with all approximate 20W storage length and a 20W taper length; and a separated eastbolllld median protected acceleration lane With all approximate 225' storage lend th and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the agc-restricted C0111111U111t)' Without impacting tllrougll traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are (driller described on Cedar Creek Grade Improvements Lxhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of' the first Certificate Of Occupancy Permit within the 1 19.27i acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right -of' -Way for Public Use that is 20 feet in Width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of-way dedication shall be provided from "fax Map Parccl 63-A-2A as part ofthe Subdivision Plat for the age -restricted COnlIII Lill ity. 5. The Owners of t}1c 1 19.27± acres proposed for RP, RCsldcntial PciTormance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted Community. The gated access shall be Creatcd IOr clllcl'gency access only to provide a second means ofemergency access into the agC-1'CStl-iClCd C0111111U111t)'. The Owners shall coordinate With the Frederick County and City of'Winchester I mergency Services Divisions to ensure that the design For emergency access is appropriate for emergency service responders. Tlic Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 8 proposed improvement identified in this section shall be completed priorto the issuance ol'the first Certificate of Occupancy Permit within the 1 19.27::L acre project area, exclusive of model homes. 6. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, Club and gutter, sidewalk, and a 10-foot shared use path by others. The right-of=way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary Casements along both sides of the 102-foot right-of=Nvay dedication area consistent with the approved road design plan For this Construction project. The Owners proffer to provide for the 102-foot right-of-way dedication as part ofthe Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to filial Toad design plan approval regllirCd for CollStrLlCtloll Of tlllS j)rCjCCt. Staff Note: The current errt proffers that are applicable to the properties in this rezonin, allowfor the construction of the Jubal Earl), Drh,e extension and interchange With Route 37. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient fora future gated access connection to the future extension of'West Jubal Early Drive ifthe Board of Supervisors allows a Complete system of private streets within the proffered age -restricted community. Tile reservation area for the future gated access connection Will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a Sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if' necessary. The OWllers Shall bond this iniprovenicllt prior to Filial Subdivision Plat approval, and Shall C011Stl'llCt this illll)1'OVCIIiCIlt ill C011 UnCt1011 With the final phase of developilient Which shall be completed prior to the issuance oftlic 250"i Certificate ofOccupancy Permit withlil tile 1 19.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in Nvidth to allow for tile C0IIStl'LlCt1011 01all urban IOLIr-lane divided collector Toad with raised median, curb and gutter, sidewalk, and a 1046ot shared use path by others. The fight -of -Way 1'CServatloll area shall be located 111 the general area identified on the Greystone Properties & White family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary casements along both sides of the 10246ot right-o1=4vay dedication area consistent With the approved Toad design plan For this COIIStI'L1Cti011 1)1'0jCCt. The 102-loot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102-foot right-of=way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year i'CSCi'Vat1011 I)C1'lOd if the County is SLICCCSSIIII ill SCCLII'illg a1)l)r0VCd Toad CleSlgll plans all(] Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 9 funding for the complete Construction of the future West Jubal Carly Drive extension project between the existing right -of' -way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-loot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date Of rezoning approval if the County is not successful in securing approved Toad design plans and Funding for the complete construction of the West Jubal Carly Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. Staff Note: The right -of -waxy i,esei,vation for Jnbal EaHV DHve and the Alec-i-imans Late realignment that ar-e identified in this proffer and proffer B9 should not have a sunset due to the Siglllf C!l/tt dlfficttlry in secttr'ing funding for large transportation projects. Staff Note: Should the 238 acres be developed with rrn-al lots, there is the potential that there would no longer- be a feasible location fot' the construction of the nor'1hAouth connection ft'om Cedar Creek Grade to Jubal Early Drive. 9. The Owners ol'Tax Parcel 53-A-92A proposed for RA, Rural District zoning profTer to reserve an area for Future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally. the Owners proffer to provide permanent and temporary easements along both sides of the 8046ot right-of=way dedication area consistent Nvith the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered t0 be dedicated to the County during the 25-year reservation period it the Count)' Is successful in securing approved road design plans and funding 1,01. the Complete construction of the filture West Jubal Carly Drive extension project between the existing right-of=way in the City of Winchester to the Route 37 bridge overpass. The reservation areas Im- the 80-100t fight -of -lolly and permanent and temporary Cascine lts shall terminate on the date that is 25 years from the date of rezoning approval ifthC Count)' is not Successful in Securing approved road design plans and Funding I01'the COilll)ICIC COI1Strl.letloll ol'the West .iubal Early Drive extension project between the existing right-of-way in the City of' Winchester to the Route 37 bridge overpass. Q Sanitary SeNver Conveyance 1. The Owners of the 1 19.271 acres proposed For RP, Residential Performancc District 'zoning prOIfCr t0 i11CL11' the Costs 101' the development of'a pretreatment system and chemical feed system for the sanitary SCNN'CI' pUrnp stat1011 and 12-Inch sewer force main serving the age- restrictcd dwelling flints. 2. The Owners of the 1 19.27± acres proposed for RP, Residcntlal Performance District zoning proffer t0 assume the responsibility For the operation and maintenance of' the pretrcatment system and chemical Iced systClll serving the age-1'Cstl'Icted dwelling units fillip SLICK a time that Frederick Water advises that sufficient flows are available to eliminate this ileed. Rezoning 402-21 Greystone Properties & White Properties July 1, 2021 Page 10 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force plain located on the south side of Cedar Creek Grade. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the On -site sewer pump station and the future expansion of the on -site sewer pump station by others. The Owners Of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary seNver system to provide flow access to the on -site sewer pump station. D) Monetary Contributions The Owners of the 1 19.27f acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance Of a certificate of occupancy permit. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of�$9,078.00 for each traditional live -acre lot and for each rural preservation lot that is created prior to the issuance Of a certificate of occupancy permit for any dwelling unit within these lots. StaffAlote: 7'lie Cornitl,'s Capitallrripact illodel (CaplLll) sho►vs aii impact per RA residential irriit of $22,403; the proffer associated with this rezoning floes not adequately, address the projected impact on Corinth facilities. E) Environmental 1. The Owners of the 1 19.27± acres proposed For RP, Residential Performance District zoning profTer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location Of Nvetland areas. InlOrmation regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan lOr this acreage. 'File Owners of the 1 19.27i acres proposed for RP, Residential Performance District zoning prof Icr to provide a rCSOLlrCC protection area ("RYA'') bLlI Cr of 50 Icet adjacent to the DSA boundary. No portion orally residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the i 19.271 acres proposed for RP, Residential Perform Ellice District zoning prolTer to develop a wetlands enhancement landscaping plan within the portion of the DSA that Rezoning 402-21 Greystone Properties & White Properties July 1, 2021 Page 11 is located on the south side of. the West Jubal Carly Drive right-of-way dedication area described in Section I3(6) of the Proffer Statement. Tile Owners proffer to include this landscaping plan as information oil the Subdivision Design Plan and install the landscaping within this area of'the project during the first favorable planting season following issuance of the Land Disturbance Permit Ior the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The O\vners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/02/21 MEETING: Candice E. Perkins, Assistant Director, reported this is a proposal to rezone 1 19.27 acres of'land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. She continued, the properties are located east of'Rolite 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west ol'the City of Winchester, in the Gainesboro Magisterial District. Ms. Perkins noted, the subject properties are part of the original Willow Run development which Nvas approved in 2001 (revised in 2009 and 2021): Rezoning #21-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses. Ms. Perkins explained, the site is located within the limits ol'the Western Jubal Early Land Use Plan (\NI.IELUP) ol'the 2035 Comprehensive Plan. The Plan identifies the Site \vith commercial and residential land use designations which is consistent Nvith the CUrrent 7_Onino. She noted. the Plan calls for the residential areas to develop with sin`,?Ie family dCtaCilCd and S111a11 lot LlilitS With a density OI foul' UllltS I)Cl' lCrC. Ms. Perkins reported, the transportation network identified in the Comprehensive Plan calls Im the extension ol'Ribal Early Drive as an east/west through road and the construction ol'a new interchange at Route 37. She continued, a public major collector road is planned to ('acilitate traf7ic movement in a north -south direction to provide a connection between Ribal Early Drive and Cedar Creek Grade; alternative modes ol'transportation, such as pedestrian and bicycle facilities, an interconnected system of multi -purpose trails and Sidewalks are planned. She shared, with this proposed rezoning: • 119.27 acres regllCStCd to be rezoned from the R4 District to the RP District: o Maximum of'300 age -restricted CI\vCllillg Lli11tS Oil thCir properties NvlliCh Shall be limited to singIC-lamily small lot units. o Request to utilize a complete network of private streets with a gated access on to Cedar Creek Grade (130S waiver required). o Monetary proffer of $308/unit— consistent with the Capital impact Model o Residential uses in this area are supported by the Comprehensive Plan. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 12 • 238 acres requested to he rezoned from the R4 District to the RA District: o Current zoning of this area for residential and commercial uses — consistent with the Comprehensive Plan; rezoning the site to the RA District would be inconsistent with the Plan. o RA Zoning could allow for up to 47 by -right single-family dwellings. o Applicant has proffered $9,078/unit — Capital Impact Model identifies an impact of $22,043/unit on county facilities. o Potential RA lots could impact the ability to construct Jubal Early Drive and the planned north south connector. John A. Bishop, Assistant Director Transportation, reported the cUlTellt proffers provide: • Construction ofthe comprehensive planned extension o1�Juba1 Early Drive with Merrimans lane realignment • Construction of a new interchange with Route 37 • Public north/south connector roadway 11'0111 future .tuba] Larly Drive extension to Cedar Creel: Grade • Bicycle and pedestrian amenities throughout the development Mr. Bishop noted, the proposed proffers reduce the commitments currently approved: • Access entirely from Cedar Creek Grade • Proffered right-of-way only for 25 years for future JUbal Early Drive and Merrimans Lane realignment on the proposed RA parcel • ProfTered riglit-of=way for Jubal Early Drive across the parcels proposed for RP zollino • Creates a private connection not Cedar Creek Grade in the location of the Former public north/south connection from future Jubal Early Drive to Cedar Crcek Grade • Do not provide a public system of bicycle and pedestrian accommodations. Mr. Bishop shared a map of tlic proposed zoning and the right-of-way as mentioned. Commissioner Thomas commented, the cUlTellt rezoning is based oil having approximately 1,400 residences, and that would mean one or two schools deeding to be built to accommodate this; now going to 300 age restricted houses and 47 RA lots, \VC are looking at a significant reduction in traffic and Students. Commissioner Thomas also questioned how detrimental would not having the Jubal Early Drive extension and the Merrimans Lane extension, Since 1hC1'C would be a significant reduction in traffic. Mr. Bishop explained, to properly answer we would need to Plitt it through the regional model; regarding Jubal Early Drive itself, there is the fight -of -Way for 25 years. I-Ie continued, it is a regional in Ilatul'C llllpi'OVCInCIlt, SO whether this development Was happening at all \VC would still be calling for that improvement and It Nvas Oil the Comprehensive Plan prior to the Willow RU11 I'CZOilillg. Collull1ssioner 'I'llonlas stated that we need to keep the fights -of -way and the ability to build the roads through there; losing the fight-Of-Wa)' 601' Ribal Early Drive is a big concern. Rezoning #02-21 Greystone Properties & White Properties July 1, 2021 Page 13 Chairman Kenney inquired about the cost of the Merrimans Lane and Route 37 overpass at the Rock Harbor Golf course entry and noted that was quite a concerted effort; Mr. Bishop agreed and stated that there is an open permit on that project. I -le continued, there was an approved design and Jubal Early Drive itself was virtually an approved design except for a small segment. Revenue sharing applications had been approved with state funds, however, unfortunately when it was time to move forward with the project, the owners involved were not able to come together. Chairman Kenney asked if there were agreements with water and sewer in the past and access across Merrimans Lane. Mr. Bishop stated that work was done and noted that the Applicant would be able to provide additional details. Mr. Evan Wyatt of Greenway Engineering Inc. came forward On behalf of the Applicant. Mr. Wyatt stated that with the 2007 rezoning everything discussed was a proffered item; a proffered development plan; a proffered generalized development plan; and proffered community design modifications. I-Ie continued, that is all important thing to recognize, once a project is rezoned in order to develop the project moving forward. the construction plans that come forward for approval have t0 substantially conform to the GDP, to the C011111111111ty design modifications and so forth. Mr. Wyatt explained that this project \vent throuO h entitlement when the housing market was at a high point, thell sat for lllally )ears during the recession. During that time, VDOT, and the developers tried very hard to preserve the Jubal Early Drive Construction project. Since then, the revenue sharing Funds have been deallocated so there is no financial method to build the road. He continued, it is also important to note, the piece that was originally owned by Miller and Smith is now owned by the White Family Properties; and the property is currently used for agriculture use and open space. He noted, they are not developers, nor do they Nvish to be. Regarding the transportation network, Mr. Wyatt noted that there was a lot Of time spent with VDOT and Transportation on a solution that was acceptable for Cedar Creel: Grade and all of that is proffered. Regarding the requested RA zoning, Mr. Wyatt noted that typically when we look at a rezoning from a project that was previously rezoned, we look at a comparative analysis, resulting in significant reduction of impacts. I-Ie noted, if the County does rezone this back to RA where is the risk to the County; the Applicant made sure it was proffered prollibiting the use of TDRs for the 238 acres. Regarding the reservation of the ROW, the Applicant felt it would be appropriate and fair to the u Conty, if the property goes back to agricultural Ilse there is all Opportunity for the RO\NI to become dCdiCatCd to the COUllty at 110 Cost and tile), felt a 20-ycar window was sufficient alld fail'; Staff requested it be increased a bit and the property owners agreed to 25 ),cars. Commissioner Marston asked how close the Cedar Creel: Grade intersection will be to the Harvest Ridge entrance. Mr. Wyatt commented, VDOT has requested longer turn lanes and tapered lanes; the primary concern with the entrance coming onto Cedar Creek Grade is the side streets \varrants would not elect what is required for a traffic light. I-Ie continued, the Applicant, VDOT, and the City of Winchester have worked to create an area where traffic can turn out of their project to a lane that is protected tilCil Ultimately merge into the thru lane towards Valley Avenue. CO1l1I111ssioncl' Tholllas asked If the left tUrIl 1,111C has a ra1SCd 111CCI1a11 and ifit will be on both sides of the car. Mr. Wyatt responded it will be parallel with the cast bOUlld traffic illtO the City Of WIIlCI1CStCr. Con1Ill issionerThomas comillcntcd s0 westbound traffic will be tUrillllg ill the Iaile. Mr. Wyatt stated no because tI1CrC will be striping and extended median. Commissioner Thomas asked if' there is a chance to extend the ROW for Jubal Early Drive to 30 or 35 years. Mr. Wyatt commented, a discussion was had with the White i'amily, and they reluctantly agreed to the 25 years. Rezoning 402-21 Greystone Properties & White Properties July 1, 2021 Page 14 Chairman Kenney commented, this is going to be a gated community which requires a Board of Supervisors waiver; what happens ifyears down the road with the ROW in place and the White Family property is sold or developed and the gated community would be opened up. Mr. Wyatt explained, the only opportunity for something different to happen is for another development group to come in and negotiate and purchase the property; that is possibly where the Comprehensive Plan may be revisited. Chairman Kenney asked where the access would be to the 238 acres. Mr. Wyatt noted access is along Merrimans Lane and the developer would be responsible the building the streets and entrance. Chairman Kenney asked is water and sewer was part of the original rezoning across Merrimans Lane. Mr. Wyatt commented a lot of Nvork was done with Frederick Water at the time and an agreement was met on tap fees. Mr. David Williamson of the Gainesboro District came forward. Mr. Williamson stated lie was an adjoining property owner and is in favor of the rezoning and is also interested in his property at 277 Orchard Lane being rezoned to the RA District. A motion was made, seconded, and passed to recommend approval of RLZ ##02-21 Greystone Properties, LLC & White Family Properties. Yes: Triplett, Thomas, Marston, Jewell, Kozel, Cline, Molden, Morrison, Dawson No: Oates, Kenney Abstain: Mohn, Manuel Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adeguatelt, address all concerns raised bt, the Board of Supervisors. REZ # 02 - 21: Greystone Properties and White Properties PINS:53-A-90,53-A-91,53-A-92,53-A-92A,53-A-92B,53-3-A,63-A-2A Rezoning from R4 to RP and RA Zoning Map '-p REI #02-21 ,,,.b• .4� N 9 REz ' O $ c ARMISTEAM R 97 - '�•�i � lE'l'1 REZ#02-21 � :. Winchester CCi o \ r ..5 • �.v R,MANS IN rr M :>, 1l SJJA f 01 If ROSCOMMON Subdivision 1 Application Parcels Sewer and Water Service Area R4 (Residential Planned Community District) RP (Residential Performance District) REZ #02-21\ SJA91 FZ -02 21' x r 1%r M REz ==oz'21 "L4N�'G GR r I� a Zh cvo�.,a Nq vow. a {.-.GQ. �' evcKKEROR 'mow_ � WlncMsbr r u f`P d *"us ur crrrMA CEDAR CREEK OR p� S" 14Fr 37 + IEYpd TT r n N K' E S Frederick County Planning 3 Development v _ 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 2 600 Feet Mao Created: May 11. 2021 Q Application Parcels Sewer and Water Service Area 2.61M Feel Frederick County Planning d Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 Mao Created: Mav 11, 2021 REZ # 02 - 21: Greystone Properties and White Properties PINS:53-A-90,53-A-91,53-A-92,53-A-92A,53-A-92B,53-3-A,63-A-2A Rezoning from R4 to RP and RA Long Range Land Use Map s i 'REZ #02-21 .. 40 m REZ #02-21 REZ #02-21 'O i O REZ #02-21 n ®QfF;r1 4�0. Q Z J21 JI EZ =02- i '— IJ16 CEDAR ACEDI- CREEK GR Application Parcels Sewer and Watr'r Fr, r; irP F•1Pn _ Long Range Land Use O Residential Business CD Extractive Mining QCommercial Rec Q Sensitive Natural Areas REZ #02- REZ*02-21 091411% E CEEDD AR 6J A 2A CREER v1y I100 CEDA CEDAR CRFEK ;'REEK~GR 151 n ARV ESi1 . � • • RiDGE DRY e1025 � _ IIS? CEDAR CREEKlGR CEDAR - 1107 ceDA LL DR- CREEK GR CREEK 4 CREEK GR = g3 dig C W � s e a #FFH/ W uAc. c� NILL/H,gN ' S4 DR r RUCRRER DR �A Py►�- .WinchrcErr e fi 4qM� VREEIE LN H + RI CEDAR CREEK r'vT Ayf i i 7E y,s N WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 2.800 Feet Mar) Created: May 11, 2021 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 1 19.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Propertics & White Family File# 3900G/EAW Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance Bell 380OG/EAw 2 Greemaay Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the I] 9.27± acre project area, exclusive of model homes. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 11 9.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for crnergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners Bell 38000/EAw 3 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Juba] Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250"' Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area file# 380OG/EAw 4 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade, The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master- Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. Tlie Owners of the ] 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. Filelt 3800G/EAW Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A D) Monetary Contributions 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for nutigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and Illonitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on. Following Pages rilell 380OG/EAw Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: mqn zc Irey1 to ro ertres LL Da Commonwealth of Virginia, City/County of �{�,%JG`L2.S To Wit: The foregoing instrument was acknowledged before me this 4 day of 20-�/ by MGFARLAND ORNDORFF NOTARY PUBLIC R=G. ##7901519 <!°..!GiVWEALTH OF VIRGINIA T Notary Public My Commission Expires\-L," .3o o?Dx/ File# 380001-AW Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Z 1 "NONE M Drate Commonwealth of Virginia, City/County of Nlncj,?e-s-� To Wit: The foregoing instrument was acknowledged before me this 34-1 �` day of ✓ 20 2 i by My Commission Expires Roberta Deane Hardy Notary•PUblic Commonwealth of Virginia Reg. # 727149 My Commission Expires fiiell 3800G/EA W 8 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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:� 2 7 Date Commonwealth of Virginia, City/County of ��! Y� t/ To Wit: Tile foregoing instrument was acknowledged before me thisat -)--" day of i^, 20 ?j by My Commission Expires ���'1-� -:�'� ��rZI Roberta Deane Hardy Notary•PubliG Commonwealth of Virginia Reg. # M 14 3 f J� u My commission Expires Hell 3800G/EA W Greenway Engineering Tax Parcels 53-A-90 thrn 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: WMA -4 -'? / Willow Giov tate Commonwealth of Virginia, City/County of U I( nLA -c's +r— �r To Wit: The foregoing instrument was acknowledged before me this,9df' day of . Z-3�� 7.n '2rm 1 by / Jam+' ,.) Can'' My Commission Expires Roberta Deane Hardy Notarypublic Commonwealth of Virginia Reg. # 7271490 My Commission Expires 4 -:cj -20" Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: AlOW"Drings sae, LLC Date Commonwealth of Virginia, City/County of W 1 ochf'S4- r To Wit: f I - The The foregoing instrument was acknowledged before me this 36 day of 1 20 2 I byc'�jec %L otary u is My Commission Expires i Zer?—J. Fite# 380OG/EAw 53 A 92 B I OC.) Cr Future Merrimac �G o 1 Reservatior%. Q(Proffer B' O 92A / Future We s R e <_ 01 off, oy 9 �O 37 .o 9�tx /��F s n � 533A 2 f- Legend 1 Parcel Boundary Subject Parcels Winchester Limits L_ J ROW Reservation Area - ROW Dedication Area Primary Site Access Age Restricted Community Gated Access Points Frederick County Zoning RA (Rural Area District) RP (Residential, Performance District) Feet 650 0 650 Map Data Source. Frederick County, Va GIS Department, 2019 Data RESOLUTION Action: PLANNING COMMISSION: September 5, 2012 - Recommended Approval BOARD OF SUPERVISORS: November 14, 2012 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING TJIT-- ZONING DISTRICT MAP REZONING #06-12 PROFFER REVISION OF WILLOW RUN WHEREAS, Rezoning 906-12 Proffer Revision of Willow Run, submitted by Greenway Engineering, to revise the proffers associated with Rezoning 421-06 relating to the "Transportation Enhancements" and "Commercial Land Use" sections of the proffers, was considered. The proffer revision, originally dated September 1, 2005, with fugal revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), and south and west of the City of Winchester corporate limits, in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. WHEREAS, the Planning Commission considered this rezoning on September 5, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors considered this rezoning on September 26, 2012, tabled the matter and considered the revised application on November 14, 2012; 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 #21-06 relating to the "Transportation Enhancements" and "Commercial Land Use" sections of the proffers. The proffer revision is intended to modify dates as follows: Proffer B2 allows additional time for the County to determne whether to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 432-12 CAD CT This ordinance shall be in effect on the date of adoption. Passed this l4th day of November, 2012 by the following recorded vote: Richard C. Shickle, Chairman Ross P. Spicer Gene E. Fisher Christopher E. Collins Ave Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Ave Aye Aye A COPS' ATTEST l / `� � / John R.fR}'J>r Frederl'cl County Admuiistrator V RGIN A: FREDERICK CO UNTY.SCT• This instrument of writing was produced to me on 1 d `'ith certificate ackno�;ledgement thereto annexed �n Was aLlIAtted to record. Tax imposed by Sec. 58.1-802 0 and 58.1-801 have been paid; if assessable. PDRes. 432-12 Greenway Eneinecring September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ # c�- - z- Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to Residential Planned Community (R4) District with Revised Proffers (357.68± acres) PROPERTY: 357.68±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91-; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008; January 14, 2009; June 15, 2012; October 4, 2012 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4?6 for the rezoning of 357.68± acres from the Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to the Residential Planned Community (R4) District with Revised Proffers, 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 File 413800WG/2012 Conditional Zoning Amendment/) AW CD Grccnway Engineering September tember 1, 2005; Rcvised November 4, 2005 2 W Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 J Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove. V LC, 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove.V LC and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File 413800WG/2012 Conditional Zoning Amendmem/FAW CD September 1, 2005; Revised November 4, 2005 3 C� Grccnway Fnginccring I .�- Revised November 30, 2005; Rcviscd May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Co Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Minimum % of Units Maximum % of Units Housing Types Permitted Category Single -Family Detached 20% 35010 RP District SFD; 35' SFD lot; 45' SFD lot; 55' SFD lot Single -Family Attached 20% 40% Duplex; Multiplex; Atrium House; Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial 5010 20% Single -Family Small Lot; Duplex; Multiplex Age -Restricted 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be, in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. File R3800WG/2012 Conditional Zoning Amendment/LAW Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December I], 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minjmize viewshed impacts from the Homespun property. The double row of evergreen trees Shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use The Applicants hereby proffer to designate a commercial center area and neighborhood conunercial area along the Juba] Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood corunercial area Shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to provide a maximum of five acres of land to Frederick County within the southwest quadrant of the commercial center located at the intersection of Jubal Early Drive and Sandy Ridge Boulevard to allow for the development of an aquatic File #{3800WG/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 center by others. This land area shall be available to the County for a period of five years from the date of the final non -appealable 2012 conditional zoning amendment approval and shall be limited to the development of an aquatic center by others. The Applicants shall prepare and provide the County with the deed for this land area and for a temporary ingress/egress if the County chooses to develop this land area in advance of the construction of the approved road system. The Applicant shall provide the deed to the County, provided that the County has approved a Site Plan for the new aquatic center within the time period stipulated above. The land associated with this aquatic center proffer shall promptly be conveyed back to the Applicants by the County if (he County has not awarded a construction contract for a new aquatic center on the site within two years following the recording of a deed to this land area. If the County accepts the land and develops the site, the Applicants shall receive recreational value credit for (his acreage, which shall be the appraised value at the date of the deed; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). If the County does not exercise its option for the land for due aquatic center within the time specified in this section, the proffer shall become null and void as a final matter, and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction ]materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be, responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard CD cw CJl O File 413800WG/2012 Conditional Zoning AmendmenUEAW N Greenway Engineering September 1, 2005; Revised November 4, 2005 6 — Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to [lie issuance of the building permit for the 600t1' dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600th building permit, but no later than the issuance of the 1,000th building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities T Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 File V3800WG/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 7 CD Revised November 30, 2005; Revised May 18, 2006 W Revised June 27, 20W Revised September 26, 2006 U1 Revisal October 24, 2006; Revised November 18, 2006 fV Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Rcvdsed October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 using the existing bridge, Juba] Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of Ole community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification 41 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 2001h building permit. Bonding for t11is dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 3001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base File 413800WG/2012 Conditional Zoning Amendment/EAW W Greemvay Engineering September I, 2005; Revised November 4, 2005 8 U-1 Revised November 30, 2005; Revised May 18, 2006 CID Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 19, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January )4, 2009 Revised June 15, 2012; Revised October 4, 2012 pavement prior to issuance of 4500' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600t1i residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 600di building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terininug in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. File 43800WG/2012 Conditional Zoning Amendment/EAW (D Greemvay Engineering September 1, 2005; Revised November 4, 2005 9 W Revised November 30, 2005; Revised May 19, 2006 C n Revised June 27, 2006; Revised September 26, 2006 [� Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 8. The Applicants hereby proffer to execute a signalization agreement with VDOT or the City of Winchester to fully fund traffic signalization with pedestrian actualization at the intersection of Juba] Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realigrunent. This traffic signal shall be installed when warranted by VDOT. 10. Tile Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be. installed no later than the issuance of the 200`h residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade./Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12, The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 2001h residential building permit, exclusive of model homes, File 43800WG/2012 Conditional Zoning Amendment/EAW CD Grcemvay Engincering September I, 2005; Revised November 4, 2005 IU C.0 Revised November 30, 7005; Revised May 18, 2006 Carl Revisal June 27, 2006; Revised September 26, 2006 C1i Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2005 Revised November 17, 20W Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 14. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 15. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement. with mountable curb on each side of die pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Pile #t3800WG/2012 Conditional Zoning Amendmenl/GAW September 1, 2005; Revised November 4, 2005 Revised November 30, 2005'. Revised May 18, 2006 Revised June 27, 20K Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised .Tune 15, 2012; Revised October 4, 2012 Frederick County at the time of building permit issuance for each age - restricted dwelling unit. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit \vithin Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. The monetary contributions identified in the Frederick Count), Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan, which was approved On February 28, 2007. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File#13800WG/2012 Conditional Zoning AmendmenYEAW CD Grecnway Engineering September 1, 2005; Revised November 4, 2005 12 W R(wised November 30, 2005; Revised May 18, 2006 Cil Revisal June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 F.) Community Recreation The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum Of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400'h building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600t1i building permit. The maintenance Of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600`h residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 601h age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining File 43800WG/2012 Conditional Zoning Amendment/EAW Grecrttvay Engineering September 1, 2005; Revised November 4, 2005 13 Revised November 30, 2005; Revised May 18, 2006 CD Revised June 27, 2006; Revised September 26, 2006 W Revised October 24, 2006; Revised November 18, 2006 (fl Revised December 11, 2006; Revised January 4, 2007 00 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised Jnnuary 14, 2009 Revised June 15, 2012; Revised October 4, 2012 sections of Juba] Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. O.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: File 413800WG/2012 Conditional Zoning Amendment/EAW Greemvay Engineering September 1, 2005; 1'evised November 4, 2005 14 O Revised November 30, 2005; Revised May 18, 2006 GJ Revised June 27, 2006; Revised September 26, 2006 CJl Revised October 24, 2006; Revised November 18, 2006 tf> Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the 'Nillow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration.., 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. I.) Environmental 1. The Applicants hereby proffer- to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File 113800WG/2012 Conditional Zoning AmendmenVEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 15 O Revised November 30, 2005; Revised May 18, 2006 W Revised June 27, 2006; Revised September 26, 2006 Ol Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revisal October 14, 2008 Revisal November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revisal October 4, 2012 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not. occur within the DSA. The only disturbance that will.be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices ("BMP") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the conununity center site plans identifying the party or parties responsible for maintaining these BA4P facilities as a condition of site plan approval. File #3800WG/2012 Conditional Zoning Amendment/LAW Greenway Engineering September I. 2005: Revised November 4, 2005 16 Revised November 30, 2005: Revised May 18. 2006 Revised June 27, 2006: Revised September 26, 2006 Revised October 24. 2006: Revised November 18. 2006 Revised December 1 I. 2006: Revised January 4. 2007 Revised February 12. 2007: Revised October H. 2005 November 17. 2008: Revised January 14. 2009: June 15. 2012 J.} Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: 11-�//Z. Date Commonwealth of Virginia, Ci ty/C-e..qt34 of k 5 7 '� �- To Wit: The foregoing instrument was acknowledged before me this day of ZO by M, W14G1S WH/ i E �a o•Nwy� John T. Conrad NOTARY .,00�^ F9�jo PUBLIC OF Commonwealth of Virginia - Reg. # 7153184 tioRGtt+`"��' TgRY My Commission Expires Pig September 30, 2016 0 c.0 rT) File?13S00WG/2012 Conditional zoning Amendment/EAW GrLenway Engineering Scptcmlm 1, 2005; Revised November 4, 2005 Revised Novernkr 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 19, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revise] October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J.) Signatures 9 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. !d-9 �- 1 Date Conmion«realth of Virginia, City/ ounty of To quit: The foregoing instrument was acknowledged before me this day of �c P'D AFK 20 /P, by (---, R/,D v Wf1ii �1. roti John T. Conrad ON �= NOTARY NOTARY PUBLIC 0 Commonwealth of Virginia OF Rey. # 7163184 'k RGtN�P� AIRY My Commission Expires PJ�� September 30, 2016 My Commission Expires Notary Public CD GJ Cl1 fV File 4380OWGI2012 Carrditionat ZaRirag Am=dment/EAW Greemvay Engineering September 1, 2005; Revised November 4, 2005 18 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 19, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2005; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 ..) Sii natnres The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: /0- Z?,/,& LLC Date Commonwealth of Virginia, City/c ;644:�Y of To Wit: The foregoing instrument was acknowledged before me this PN R day of e� 7-0 6-E /'� 20 / -� by - / E D i�ol/7'F, �4 - C041 John T. Conrad otvwRyo NOTARY PUBLIC 0 of = Comm:nwealth of Virginia Re: u 7163184 �OLfRGit, My Commission Expires AgRIr PV6� September 30, 2016 Notary Public My Conunission Expires CD CG? Cn W File, 0800A G/2012 Conditional ZoninsAmendmenUEAW Greenway Engincering September 1, 2005; Revised November 4, 2005 19 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. B y /015 LiL Miller and `Smith �W'illow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of VirgiJva, City/County of i %� 11� �%9 To Wit: The foregoing instrument was acknowledged before me this /�f-"-"day of 1/9 L/.. - 20 1 z- by lUl ^�1 (�'7 ��r F L-�; -1 / Tr Notary Public - My Commission Expires IENNIFER M. MOIVTGOt114 ^yi�Y r J NOTARY PUBLIC } REGISTRATION # 70IRG 111 COMMONWEALTH OF VIRGlIV!A! o I'.tY COMMISSION EY,PIRE'S ., AUGUST 31, 2014 O W Gr) r— File #3800WG/2012 Conditional Zoning AmendmenVEAW n-- Greenway Engineering September I, 2005: Revised November 4, 2005 20 Revised November 30, 2005: Revised May 18, 2006 Revised June 27, 2006: Revised September 26, 2006 Revised October 24, 2006: Revised November 18, 2006 CD Revised December 11, 2006: Revised January 4, 2007 CIO Revised February 12, 2007; Revised October 14, 2008 M Revised November 17, 2008; Revised January 14, 2009 U1 Revised June 15, 2012: Revised October 4, 2012 J.) SigDatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 40rep" Date Commonwealth of Virginia, City/C01 ITY Of To Wit: The foregoing instrument was acknowledged before me this day of 20 % a by ,— L Zt) Not Public My Commission Expires 1LH"t--• 3t) '-!P-0 I CINDY GROVE NOTARY PUBLIC Cpmmonwealth of VIroinia ! Reg. #184054 File 93800WG/2012 Conditional Zoning Amendment/EAW Leo GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT .. r► i' {ate, ` �•t l r + liVJ j I Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared (or the purpose of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Grcystone Properties, LLC; 740 LLC; 750 LLC; Willow Grovc.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the cast side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64t acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age -restricted residential community on the Greystonc Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Location: Fronting on the north side of Cedar Crcek Lane (Route 622) aIld Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: Current Use: Proposed Zoning: R4, Residential Planned Community District Agricultural and Family Residential Dwellings RP, Residential Performance District (119.27± acres) RA, Rural Areas District (238.37± acres) File 11380OG Impact Analysis SlalcmenUEAW Proposed Use: Age -Restricted Residential Community (1 19.271 acres) Agricultural and Family Residential D,,vcllings (238.371 acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use dcvclopnlent is encouraged in the County. The 357.641 acre subject properties are currently located within the UDA; thereiorc, expansion of the UDA boundary to accommodate the proposed age -restricted residential community oil 1 19.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-9213 and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewcr and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in -vvhich commercial and industrial land Use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age -restricted residential community on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53- A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). Tile WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. Tile WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north -south major collector road as the primary transportation improvements within the study area. File 113800G Impact Analysis SlatemCnt/GAW 3 The 1 19.27± acre portion of' the 357.641 acre Subject properties that is proposed Io►' all age - restricted residential community is located within the portion of the WJELUP that is planned for future Residential Land Use. The proposed agc-restrlctcd residential community will be developed as single-Iamily small lot units with a residential gloss density that will not exceed 4 DU/Acre. The rezoning of the 238.37± acres to accommodate the agricultural and Family residential dwellings will not allow for the development of residential land use at a gross density of 4 DU/Acre and will not allow for commercial development. However, the WJELUP identifies these future land uses Should the 238.37± acres be considered for future development through a Subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF THE SITE Access The subject properties are located on the north side of Ccdar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64f area. Tile 119.27± acre portion of the subject properties proposed for an age - restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age - restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 119.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of-way dedication with permanent and temporary casements for the future West Jubal Early Drive project and provides for the construction of a gated access entrance by the developer that will allow for connectivity to West Jubal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the firture extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flnnrl Plninc The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. File#380OG Impact Analysis Statement/BAW 4 Wetlands The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and Information From the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an agc-restricted residential community will be designed to avoid wetland areas; therelorc, tllcre w►ll be no ►mpacts to this c►lvl►'oni11C►ltal 1Catllre. Soil Types The 357.64i acre subject properties contain Survey of Frederick County, Virginia, and following soil types are present on site: Five soil types as demonstrated by the Soil the Frederick County GIS Database. The 5B Carbo Silt Loam 2-7% slope 1413-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loam The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loarns comprise the majority of the 1 19.27f acre portion of the 357.64f acre subject properties that is proposed for an agc-restricted residential community. This soil type has moderate shrink -swell potential and is appropriate for the development of residential structures. Geotechnical analysis will be conducted in conjunction with the development of the private street systciris and community bu►ld►ng serv►ng the age - restricted residential community. Other Environmental Features The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures Nvill not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial Pile 11380OG Impact Analysis SlatemenUBAW 5 Cast: PUD-HR, Planned Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANSPORTATION Use: Residential (City) Use: Residential Residential & Golf Course A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27t acre portion of the 357.64i acre subject properties that is proposed for an agc-restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping document which includes analysis of' the age - restricted 1-csidential project entrance oil Cedar Creek Grade, the Route 37 Interchange oil and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Additionally, the TIA includes analysis of an annualized traffic growth rate of 1%; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based oil background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound oil and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the age -restricted community through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor chaIlge of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Tile Owners have worked collaboratively with VDOT and the County to develop an off -site design plan for Cedar Creek Grade to address the LOS issue identified for left turn movements onto Cedar Creek Grade and to expand the length and storage capacity of right and left turn lanes and taper lanes on Cedar Creek Grade serving the proposed project. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off -site design plan for Cedar Creek Grade and has issued a Technical Memorandum confirming that these improvements result in a LOS C for left -turn movements from the File 0800G Impact Analysis Statemenl/GAW 6 project onto Ccdar Creck Grade. These off, -site inlprovellncnts are provided On the proffered Cedar Crcck Grade lnlprovcnicnts Exhibit dated March 25, 2021. The Owners have provided a Proffer Statement t0 mitigate transportation impacts associated with the rezoning of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age-restrictcd residential community and to assist Frederick County with the ability to work with VDOT to secure funding for the future extCllS1011 of West Jubal Early Drive to Route 37. The proffered transportation improvcnncnts include the following: i Improvements t0 Ccdar Creek Glade to include a westbound separated right-tUrn lade that provides an approximate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. hriprovenlents to Cedar Creek Grade to include ,in castbOUnd SCparatCd icil-tUr11 lane that provides all approximate 200' storage length/200' taper length meeting the requirements of the approved VDOT traffic study. r linprovcillcllts t0 Cedar Creek Grade t0 include all castbOUnd separated median protected acceleration lane that provides an approximate 225' storage length/180' taper length meeting the requirements of the approved VDOT traffic study. A 20' right-of-way dedication along the Cedar Creek Grade property fi-ontage outside of the limits of the Cedar Creek Grade improvements for fixture corridor widening. Construction of a gated entrance to the age -restricted C01111111-lllity with sufficient vehicle stacking and vehicle recovery area to prevent traffic fi•onl backing up Onto Cedar Creek Grade if the Board Of Supervisors allows a complete system of private streets within the community. Construction of an emergency Only gated access at the Cidermill Lane connection to provide a second means Of emergency access for the age -restricted community. r A 102 right-of-way dedication \vlth permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. A 102' right-of-\vay rescl'vation \vlth perllnanent and temporary casements throughout the limits Of the proposed RA District property to accommodate the future extension Of West Jubal Early Drive for a period of 25 years. An 80' right-of-way reservation with permanent and temporary casements within the proposed RA District property to accommodate the future relocation Of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. Tile Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary File 11380OG Impact Analysis StatemenVGAW 7 Sewer Master Plan to assess sanitary sewer facility needs for development and growth \vithin their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-inch sewer force main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion of the 357.64± acre Subject properties that is proposed for an agc-restricted residential conllllllnity. The 12-inch sewer force main connects to the 18-inch I -loge Run sewer interceptor \which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force main and the 18-inch Hoge Run sever interceptor have sufficient capacities for transmission of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a illaxillllllll of 300 age -restricted residential dwellings that are dcvelopcd within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative sc\vcr demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the 12-inch sewer force slain Serving the age -restricted community for the purpose of odor Control until there is sufficient flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on -going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the Construction of a 12-inch sewer force main internal to the project; sufficient land area within the project to accommodate future expansion of the on -site sewer pump station; and casemeIlts to adjoining properties to allow connections to the on -site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The Proffer Statement provides for the development of a pretreatment system and a chemical feed system for the benefit of the sanitary sewer pump station and 12-inch sewer force main which includes costs for on -going operations and maintenance. It should also be noted that the Owners of the subject property proposed for the age -restricted residential community have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. File I1380OG Impact Analysis Stalement/EAW 8 WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water infrastrUCtlll'C Within this area of the County. Frederick Water has an existing 20-inch water transmission main located along the wcstcrn boundary o{ the subject properties Which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public \vatcr transmission system. The Owncr's Proffer Statement states that there will be a Illaxilnwn of 300 agc-restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical llo\vs front residential developincilts, a 300 gallons/day pei' dwelling unit is ail appropriate Conservative water demand pro.icetion specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water fi-onl local quarries which are treated at the Dichl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on -site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes fi•oln the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. File 113800G Impact Analysis StatemenUGAW 9 SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed age -restricted residential community on the 1 19.27± acre portion of the 357.64i acre subject properties can be projected front an average annual residential C011Slllllpt1011 of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4"' edition). It is anticipated that the buildout of' the age -restricted residential C0111111rlillty will yield 300 residential units resulting in the lollowing solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 Cu. yd. x 300 households AAV = 1,620 cu. yd. at build -out, or 1,134 tons/yr. at build -out The Municipal Solid Waste area 0ftlle Regional Landfill IiaS it Current remaining capacity of 13,100,000 Cubic yards of air space. The age -restricted residential C01111111.111ity will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identities Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity of the 357.64± acre subject properties. The Homespun structure has been placed on the National and State Register of Historic Places and previously obtained approval of a Conditional Use Permit (CUP) fi-om Frederick County to adaptively reuse the property for a Country store and restauraIlt. The Homespun structure has beeIl used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances Of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound on -ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/-miles west of the 119.27± acre portion of the 357.64± acre subject properties that is proposed to be developed as an age -restricted residential community and is not visible fi-om this portion of the area to be rezoned. The age -restricted residential community will be required to provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the File 11380OG Impact Analysis StatemcnUGAW 10 northcrn portion of the 119.27± acres proposed to be developed as an age -restricted residential community. The Second 11,crnstoNvn Battlefield is located on the south side of Cedar Creek Grade across front the entrance that will serve as access to the age -restricted residential community. Both Battlefields have been heavily impacted by the cevelopment of residential and commercial land uses and public streets within the County and the City of Winchester. Therefore, the rezoning of the property will not create negative impacts associated with historic propci-tics and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an age -restricted community within the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department using the revised Development Impact Model (DIM). The DIM considered 300 age - restricted single-family dwelling units consistent \vith the proffered maximum IlUinbcr of age -restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to off -set impacts to community services. The Proffer Statement provides for a monetary contribution of $308.00 for each age -restricted residential dwelling unit that is paid to the County prior to the issuance of the certificate of occupancy permit to mitigate impacts to community services. Additionally, the Proffer Statement provides a monetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64t acre subject properties proposed to be clownzoned to the RA District to be consistent with the monetary contribution provided for non-agc-restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County fi-onl the rezoning and development of the 1 19.27i acre portion of the 357.64i acre subject properties for an age -restricted residential community. 0"" �W� EDINBURG RESIDENCY � vu� LAND USE MEMQRA.NDDl1fi Virginia Department of Transportation DATE: January 15, 2021 TO: Evan Wyatt, Greenway Engineering FROM: Bradley S. Riggleman, PE, Area Land Use Engineer RE: TIA and Rezoning Comments — Greystone and White Family Properties Rezoning Mr. Wyatt, VDOT has completed a review of the rezoning application, proffer statement, and traffic impact statement (dated 10/8/2020 with a technical memorandum addendum dated 12/4/2020) for the Greystone Properties, LLC and White Family Properties in Frederick County. It appears that previous comments have been addressed, and we find the traffic impact statement with supporting technical memorandum to be complete and acceptable. Follow are general comments for the rezoning application and proffers: 1. This proposed rezoning should not have a significant impact to the roadway network. The proffered entrance configuration appears to adequately function from an operations perspective. 2. It is noted that the proffers include an exhibit of an innovative entrance/intersection configuration that provides a channelized receiving lane for egress traffic from the proposed development that is turning onto eastbound Cedar Creek Grade. This allows vehicles exiting the site to pull out onto Cedar Creek Grade and then merge into eastbound traffic. The intent of this alternative intersection design is to reduce the potential delay for eastbound egress traffic. The traffic model included in the first submittal of the Traffic Impact Statement yielded that for a traditional entrance design, the egress delay for eastbound traffic operated at a Level of Service F (93.6 second delay). This raised safety concerns over drivers who are waiting to turn onto Cedar Creek Grade will eventually start to accept shorter gaps in traffic and potentially creating a crash scenario. The model of the proposed innovative entrance (shown in the technical memorandum) shows a significant reduction in this delay to a Level of Service C (22.5 second delay). A potential concern with this entrance configuration is the nature of the user, given that this is an age restricted development. Some drivers may experience a certain level of uncertainty when first introduced to this intersection. However, the residential nature of this development would suggest that frequent users of this entrance will adapt to this entrance design. 3. The intersection exhibit is intended to show a general layout. This design is subject to a detailed review upon submission of the site plan. 4. Site access will be subject to all VDOT regulations and standards. Design standards and specifications will be addressed during site plan review. Please feel free to contact me if you have any questions. Sincerely, TIA and Rezoning Comments — Greystone and White Family Properties Sheet 2 of 2 January 15, 2021 115 Bradley S. Riggleman, P.E. Area Land Use Engineer — Edinburg Residency Cc: Mark Cheran, Frederick County Zoning and Subdivision Administrator John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner Jeff Lineberry, P.E. — VDOT Transportation and Land Use Director Terry Short, AICP, VDOT District Planning Manager Matt Bond, P.E., VDOT Acting District Traffic Engineer Rezoning Comments Frederick. Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, i 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 property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4 Zoning requested: RP & RA Acreage: 119.27 RP ZSb.S`r RA Fa ederielk Water Comments: lease refer to revie", comment # 3 dated AprH 7, 2021 f raja Eric Lawrence. Approved as EL'YI�YIDFt�'red. Frederick Water Signature & Date: April 7, 2021 Notice to Frederick Water - Please Return This Form to the Applicant 26 M FREDERIC K WATER. 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com April 7, 2021 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Application Comment #3— Greystone Properties, LLC & White Family Properties Tax Map Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A 357.64 acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application package, with a draft proffer statement and Impact Analysis Statement, initially dated Octobers 8, 2020. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. This is comment #3, revised based on discussions with the applicants and upon review of the revised proffer statement dated March 25, 2021. The project parcels are located within the sewer and water service area (SWSA). The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. The rezoning application proffer states that the proposed use of the 119.27-acre RP Residential Performance District zoned portion of the property will be limited to 300 single family dwellings. The proffers are silent on the proposed uses of the 238.37-acre RA Rural Areas District zoned portion of the application. The Impact Analysis (IA) projects water and sanitary sewer flows of 90,000 GPD (gallons per day). Through various efforts, discussed in more details below, Frederick Water extended water and sewer to the subject properties in 2008. A 20-inch water main was extended to the subject properties, and recently 12-inch and 8-inch stubs were provided to meet the subject properties' Water At Your Service Greystone Properties, LLC & White Family Properties rezoning application Review Comment 113 Evan Wyatt April 7, 2021 water demands. And a 12-inch sanitary sewer force main was extended to serve the subject properties sanitary sewer demands. The proffers provide for this 12-inch sanitary force main to be extended, continuing the 12-inch size, to the Abrams Creek area where the proposed pump station will be located. The submitted proffers address the operational costs of pretreatment and chemical feed systems necessitated because the new development's reduced scale will generate significantly less sanitary flows than the sanitary sewer force main was designed and constructed to convey. The proffers commit to design the pump station to easily accommodate future expansions as flows warrant. The applicant and its proffers should provide for adequate easements to facilitate gravity sanitary sewer flow from the entire 357+ acre Willow Run project land area and adjacent properties to the proposed sanitary sewer pump station that will be constructed to serve the proposed 300 age -restricted units. Consistent with the original Willow Run concept, utilizing gravity sewer flows minimize the number of sanitary pump stations required to meet sewer flow demands in the future. Aside from the proffered pretreatment and chemical feed system, the rezoning proposal's significant reduction in land use activities (residential and commercial land uses) results in unaddressed financial impacts to the water and sewer system. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and limited capital contribution funding to either the water or wastewater treatment plants, and the distribution and conveyance system. The applicant enhanced the proffered commitments to accommodate future sanitary flows via easements, upsized gravity sewer and forcemain, and readily expandable pump station design, so that the community will benefit from value that will be realized in the future. Abrams Creek West Water and Sewer agreement The land within this rezoning application was previously rezoned in 2005 as the Willow Run development with 1,390 residential units and a 32-acre commercial area. The October 4, 2005 Abrams Creek West Water and Sewer agreement between the Willow Run developers (Greystone Properties and Miller & Smith) and Frederick Water provided for the extension of water and sewer services to the Willow Run development (the extensions mentioned above). The agreement requires that the lines be sized to provide a minimum capacity of 346,000 gallons per day reflective of the projected water and sewer demands of Willow Run. Per the agreement, Frederick Water sized, designed, and constructed the extended water and sewer infrastructure to meet the needs of Willow Run, with a minimum capacity of 346,000 gallons Greystone Properties, LLC & White Family Properties rezoning application Review Comment 113 Evan Wyatt April 7, 2021 per day. The new rezoning proposal will generate 90,000 gallons per day of water and sewer demand, utilizing 25% of the sewer infrastructure that Frederick Water funded and constructed to meet the demands of Willow Run. The developer continues to be responsible for the design and construction of the pump station sized to complement the existing force main and its minimum capacity of 346,000 GPD. In exchange for the extension of services to the development site, the Willow Run developers agreed to purchase a minimum number of water and sewer connections to ensure that Frederick Water would recover and repay the bond which was utilized to fund the design and construction of the water and sewer infrastructure extended to the property —the extension of infrastructure to a development is a developer's responsibility. With the new rezoning proposal proffered cap of 300 residential units, there will be a significant shortfall in the financial contributions toward the overall water and sewer system, including distribution, conveyance, and treatment. The original Willow Run project and the water and sewer agreement was premised on initially funding the extension of infrastructure (332 units) and any additional units (1,000+ residential plus commercial development) would provide capital contributions/funds towards treatment plant capacity to meet the projects demands. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and a reduced capital funding contribution to the water or wastewater treatment plants, and the distribution and convey system. Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application. Sincerely, Eric R. Lawrence Executive Director Cc: Candice Perkins, County Planning Department Evan Watt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, December 1, 2020 3:35 PM To: Evan Wyatt Cc: Candice Perkins; John Bishop Subject: RE: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning Evan, My apologies again for the delay with this. I have now had the opportunity to review the Proffer Statement, revised October 8, 2020, and have just the three text comments and one staff comment. As to the text comments, you may certainly wish just to address these in the final version you submit with the application, without the need to resubmit anything to me. The text comments are: • At the bottom of page 1, there is an extraneous "53" following the reference to parcel number 53-3-A. • In the last sentence each of Proffers 131, 132, and 134, regarding timing of the commitments, I believe that `The proposed improvement identified in the section" would more properly read as "The proposed improvement identified in this section". • In the sentences roughly in the middle of Proffers 137 and 138, regarding dedication at no cost, I believe that "are proffered to be dedicated to the County at no cost to the Owners" would more properly read as "are proffered to be dedicated by the Owners to the County at no cost". The comment for staff is that, re Proffer 136, the requirement to build the connection to West Jubal Early Drive occurs only prior to the final occupancy permit for the RP portion of the Property. Given the cost of completion of this improvement, relative to the marginal profit for construction of the last housing unit on the Property, it is substantially likely that the West Jubal Early connection would never come to fruition. two From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 11:11 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, Thanks for the update and no worries! I will look for your comments in the near future and hope you have an enjoyable Thanksgiving. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, November 18, 2020 11:09 AM To: Evan Wyatt <ewyatt@Rreenwayeng.com> Subject: RE:'[External]'Greystone Properties & White Family Properties Rezoning Evan, Thanks for checking on this. It has taken me longer than I had hoped to get to this and to work through it and for that I must apologize. I will try my hardest to have something to you before the holiday next week or, failing that, right after the holiday. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 10:28 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, I'm touching base to determine when you believe you will have an opportunity to provide your updated comments for the subject property based on what the revised information that I submitted on 10-16. Please let me know if you have any additional questions regarding this information or if there is anything else needed from me regarding this matter. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwavEng.com Email: ewyatt@greenwayenq.com GREENWAY F`,NG, NE.E PING . c. a '• r 6� Ic' .. IF 2 Evan Wyatt Timothy Youmans <Timothy.Youmans@winchesterva.gov> Friday, February 14, 2020 7:07 PM Evan Wyatt Perry Eisenach City Planning Comments on Greystone Properties RP & White Family Properties RA Sorry for the delay in compiling my thought on the proffered rezoning. I really don't have any comments on the larger rezoning of the White property back to RA, but do have some comments/concerns about the rezoning associated with the up to 300-unit age -restricted unit gated community on the Greystone Properties portion proposed for rezoning to RP. Thank you for meeting with me back on January 1.6, 2020 to help me better understand the request. I have mixed feelings about the advisability of creating upwards of a 300-unit age -restricted community that has only a single point of access to the public street network. While I understand that the anticipated LOS F condition for the weekday PM traffic exiting this private gated community does not mathematically impact the traffic flow on Cedar Creek Grade through movement, I think it does create a safety issue since the residents will become frustrated enduring excessive wait times trying to access Cedar Creek Grade and may present a hazard associated with risky decisions to pull out into oncoming traffic in an unsafe manner. This will be particularly true for the left -turning traffic which appears to be about 65% of the trip distributions according to Figure 10 in the Traffic Impact Analysis(TIA). Per Figure 12 of the TIA, it appears that the projected Year 2027 traffic conditions will have 1,040 vehicles (731EB+309WB) during the AM peak hour and 1,551 vehicles (585EB+966WB) in the PM peak hour moving past the development entrance on Cedar Creek Grade. That leaves little gap for the drivers (mostly senior citizens I would guess) to make a left turn out onto the road. I think there will be strong homeowner pressure on Frederick Co, VDOT and even the City of Winchester to seek public funding and approval of a traffic signal or other- improvement to make it safer and more convenient for them to access the public roadway, especially eastbound. I have mixed feelings about recommending a full street connection to Cidermill Lane in the adjoining Orchard Hill Subdivision situated within the City limits. This public street was approved as part of the latter phase of Orchard Hill townhouse development (the latter phases constructed by Oakcrest) to be a through street connection to whatever would be built in the adjoining County land. Given the unlikelihood of any northern outlet to W. Jubal Early Drive following the surrender of the state funds by Frederick County and the reversion of the former Willow Run (Miller & Smith) development property back to RA by the White Family, I am hesitant to recommend more than just the emergency connection to Cidermill Lane that is called out in the proffers. I believe that the occupants of the 300 County homes would probably select that local neighborhood street over trying to make a left turn down at Cedar Creek Grade if they are wishing to come into the City. That would also negatively impact Harvest Lane which has a heavy volume of traffic between W. Jubal Early Dr and Cedar- Creek Grade. We already have citizens petitioning for traffic signals at the north and south termini of Harvest Drive even though prior warrant studies have not justified a traffic signal at either Regarding multimodal circulation, I would suggest that the rezoning applicant (developer of the Greystone Properties part) consider committing to construction of a paved trail connection to the Green Circle Trail (GCT) within the area proffered for future W. Jubal Early Drive ROW dedication. The bike/walking connection at Cidermill Lane does not provide a very direct connection to the existing GCT as would a trail at the northern end of the site. Cidermill Lane actually angles southward away from the GCT before connecting with Harvest Drive where bikers would need to share the busy road with motorized vehicles. Lastly, I feel that there needs to be more attention paid to the worsening condition on Cedar Creel< Grade at the eastbound approach to the Rte 37 NB on -ramp. because of the limited pavement with on Cedar Creek Grade at the underpass, a backup condition is caused by only one or two vehicles waiting to make a left -turn eastbound along Cedar Creek Grade on to the Rte 37 northbound ramp. This delays the through movement on Cedar Creek Grade. While some of the impacted traffic is originating in western Frederick County, a growing amount is traffic that has just exited Rte 37 southbound after making a left -turn at the Rte 37 southbound traffic signal on Cedar Creek Grade. This traffic volume will increase due to the residents of this new development trying to return to their homes from points north of the development. I think some proportional contribution to mitigating that worsening condition should be considered. I do want share with you, that I did briefly discuss this proposal with City Public Services Director Perry Eisenach. He does want to take a closer look at the TIA and may have additional City comments or questions. Let me Know if you want to discuss any of this further before I share my concerns with Frederick County planning and formalize my comments on the signed rezoning comment form. Thanks, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext, 1415 Email: timothy. youmans(a)winchesterva.gov wyny.winchestet a.go/planning *** VIRGINIA FREEDOM OF INFORMATION NOTICE *** NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 3, 2021 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: ProtOoscd Rezoning fol• Greystone PI -open -des RP & White Family Properties lax Propei-ty Identification Number (P1I1): 53-A-90, 53-A-91, 53-A-92, 53-A-9ZA, 53-A-92B, 53 3-A, and 63-A••2A Dear Mr. Wyatt: Thank you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and V1'hite Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates the increase from 20 to 25 years of the window to take advantage of the right-of-way proffer for Jubal Early Drive and Merriman's Lane. However, given transportation funding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring funding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public between Cedar Creek Grade and future Juba] Early Drive. Once again, I would thank: you for the opportunity to continent and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. T Jo Assistant Director -Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd COUNTY of F.REDER I CK Dopaitment of Planning aizd Development 540/ 665-5651 Fax: 540/ 665-6395 April 29, 2021 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Second Comments - Proposed Rezoning for Greystone/INhite Family Properties Property Identification Numbers (PINs): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-920, 53-1. and 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Western .tubal Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. 2. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. 3. Environmental Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University, this application would remove the access ability from the area proposed to be zoned RA. A large area of environmental features Page 2 Mr. Evan Wyatt RE: Greystone/White April 29, 2021 (wetland and pond) is located on PIN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 5. Agency Comments. Please provide appropriate agency comments frorn the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, and the City of Winchester. 6. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 7b be completed by Planning 8fajj: Zoning Amendment Number (� t Date Received S I -i 1 Z t Fee Amount Paid 5 `-) J C) of Anticipated PC Hearing Date Anticipated DOS Hearing Date -f `t ZI REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Springs Estates, LLC Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Email: willis@white properties.net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. t t Page 12 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property IdentificationNumber(s): 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A b Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres; RA District 238.37 +/- Acres f. Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road naives and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number See Attached Adjoining Map & Owner Table Exhibits Use Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 1 Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III 740, LLC: C. Ridgely White, Jr. 750, LLC: Stephen D. White Willow Grove V. LC & Willow Springs Estate, LLC: M. Willis White Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning Ell hnpact Analysis Statement El Proffer Statement (if any) 7/1 Agency Continents R Fee 0 Copies of Deed(s) to Property(ies) El Tax Payment Verification 0 Digital copies (pdf s) of all submitted items Page 14 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: �'�������� Date I If signing on behalf of an entity, please state name of entity and your title: If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date ' If signing on bhalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date z. If signing on behalf of an entity, please state name of entity and your title: N &i j �� e3 ice} tJ Q . If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Date ' - - If signing on behalf of an entity, please state name of entity and your title: -1 S0 . U-C_ M no)�(&rn If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any) If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. A Owner: Date a / If signing on behalf of an entity, please state name of entity and your title: Owner: i Date .�/ If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): 14mv- Date 4-7-�)7-C`? If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/appliennt is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney front each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Otvner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to fide and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwi Signatur Title (if St e of I a , County/City of Ll11 j' s4a , To wit: I , a Notary Public in and for the jurisdiction aforesaid, certify that t e person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of lnQjz , 20.11. My Commission Expires: 36 OR Oota"r..�_��s�� Registration Number: I9O .5/2 MCFARLAND ORNDORFF 140TARV PUBLIC REG. 47901519 COMMONWEALTH OF VIRGINIA �Gx COG Special Limited Power of Attorney 4� �"e County of Frederick, Virginia Frederick Planning Website: www.fcva.us G1N I1N Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740, LLC Name of Property Otvncr/Applicant Plcase note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or arc applicants, an executed power of attorney from each owner will be needed. PO Box 87 Winchester, VA 22604 (540) 664-1538 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise rescind or modify )t. i / SignatureEli Title (if signi State of 1 1 I'7 l l't-L�� , County/City of CUB / r1 c. l��s' t/ , To wit: I,!1%!1f�'! V { u�����'� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeareq before me and has acknowledged the same be mein the jurisdiction aforesaid this ,-0, day of 202�/. My Commission Expires: �/' do Notary Public Roberta Deane Hardy Registration Number: Notary.Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires *7��71 ylrn Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750. LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or arc applicants, an executed power of attorney from each owner will be needed. 750 Merrimans Lane Winchester, VA 22601 (540) 533A836 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 B do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the foHowin , for the above identified property: 0Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing d behalf of an entity) /1% _ Zj . State of i I , County/Cityof V l✓1c fi t_- , To wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be o erne in the jurisdiction aforesaid this ` 6 r` day of /%p,.�� ! , 20-/. My Commission Expires: 4� Notary Public Roberta Deane "Harr y Registration Number: , '?27 /V94 Notary -Public Commonwealth of Virginia Reg, #k7271490 - My Commission Expires `�` Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓VJ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature / Title (if signing on behalf of an entity)%,r/ E, iz ty ty � t n.�(t�s��t/ State of l � (Yt� n. Coun /Ci of To wit: I, amm W_, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be e mein the jurisdiction aforesaid this _fib day of - H ( , 20 2-! My Commission Expires: Notary Public Roberta Dea Hardy Notary•PubAc RegistrationtNumber: •7-i2-7 'y Commonwealth of Virginia Reg. # 7i71490� r tv My Commission Expires -7 — Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: rr�jr► www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Sprinqs Estate, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓Q Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if si ing on behalf of an entity State ofV I I II-OlC , County/Cityof To wit: I, q(T-19 ��� - tc �� `� �'7 , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the sa day of , 20 z/ My Commission Expires: C���"'` � LeY-1 Notary Plablic Roberta sane ar y Registration Number: -7->-7 /� 4 d Notary -Public Commortwealth of Virginia Reg. # 7271490 My Commission Expires -7 2-2 �4y ORDINANCE Action: PLANNING COMMISSION: June 2, 2021 BOARD OF SUPERVISORS: July14, 2021 Public I-Icaring I-leld, Reconunendccl Approval Pending ORDINANCE AMENDING TI-IE ZONING DISTRICT MAP REZONING #02-21 GREYSTONE PROPERTIES, LLC NVI-IEREAS, REZONING #02-21 GREYSTONE+' PROPERTIES, LLC., to rezone 1 19.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District Nvith proffers, for a total of 357.64 acres. The subject properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on June 2, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 14, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres, all as shown on the proffer statement bearing signature date May 4, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14°i day of July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells David D. Stegmaier Judith McCann -Slaughter Blainc P. Dunn A COPY ATTEST Mary "1'. Price Interim County Administrator PDRes 822-21 REZONING APPLICATION #02-21 Greystone Properties & White Properties Staff Report for the Planning Commission Prepared: May 20, 2021 Staff Contacts: Candice E. Perkins, AICP, CZA, Assistant Director John A. Bishop, AICP, Assistant Director -Transportation Reviewed Action Planning Commission: 06/02/21 Pending Board of Supervisors: 07/14/21 Pending PROPOSAL: To rezone 1 19.27 acres of land zoned R4 (Residential Planned Community) District with proflcrs to the RP (Residential Performance) District with proffers to develop an agc restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District with proflcrs to the RA (Rural Areas) District with proffers, fora total of357.64 acres. LOCATION: The subject properties are located east of Route 37 and Merriman's Lane (Route 621). north of Cedar Creek Grade (Route 622), south and west ofthe City of Winchester, in the Gainesboro Magisterial District. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/02/21 PLANNING COMMISSION MEETING: The subject properties are part of the original Willow Rum development which was approved in 2007 revised in 2009 and 2012. Rezoning #21-06 was approved for up to 1,390 residential units and 32.4 acres for commercial uses. The Applicant proposes to develop the 119.27 acres with an age restricted community. The site is located within the limits Of the WCStern JUbal Early Land Use Plan (\ IELUP) of the 2035 Comprehensive Plan. The Plan identifies the site with commercial and residential land use designations which is consistent with the current zoning. Furthermore, the Plan calls for the residential areas to develop with single family detached and small lot units with a density of lour units per acre. With this proposed rezoning, the 119.27 acres requested to be rezoned from the R4 District to the RP District is generally consistent with the Plan; however, the requested downzoning of the 238 acres to the RA District is inconsistent with the Plan. Staff lvould note that the 238 acres has the potential to develop lvith up to 47 by -Eight, f e-ache, single family residential units, lvlhiclh !toes not confoh7n lvith the fitim-e vision foh' this ah'ea. It should he noted that the monetahy proffer per unit prooposed fo/' the residential units that could develop on the RA portion of the site floes not adequate�j� cover the inhpact on County facilities as ph'Ojected in the County's Capitallmpact Model (CapIM) — See Proffer A2. The transportation network identified in the Comprehensive Plan calls for the extension of,lubal Early Drive as an east/west through road and the construction Of a new interchange at Route 37. In addition, a public major collector road is planned to facilitate traffic movement in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Alternative modes of transportation, such as pedestrian and bicycle facilities, and an interconnected system Ofmulti-purpose trails and sidewalks are also planned. The proffers that currently apply to the site prov%de for the consth'llctio/h of tlhese h'oadivaj�s ahhd pe(lL'sth'ian acco/ihnhollatiolis. The chhrrent applicatiohh proposes to dowrrzone a majority of the area lvhem the futhn•e Jhhhal Early Drive right-of-lvay is located and Rezoning #02-21 Grcystone I'roperties & White I'ropertics May 20, 2021 Page 2 provides for a right-of-wa), dedication with a 25-)year ewpiration clause. The area where the itorthAouth connection was located is planned to become a privategated access for the able restricted coniliiiiilii), — thereb), e'lilililiatiiig this colnlectioli. There is also the potential, should the 238 acres be developed with rural lots, that there would no longer be feasibie option to construction the northAouth connection front Cellar Creek Grade to Jubal Earl), Drive would not be possible. The revisions to the transportation and pedestrian networks proposed with this rezoning are inconsistent with the Comprehensive Plait and the fitfure vision.for this area. A recommendation re�tiardin,( Ili is rezoning application to the Board of Supervisors would be appropriate. TheApplicant should be prepared to adegilatel), address all concerns raised by the Plalnill_- Commission. Rezoning 1102-21 Greystonc Properties & White Properties May 20, 2021 Page 3 This report is p/•epl//•ed b), the F1'ede/•ick Count), Planning Staff to p/•ovi(le i/Ifo/'mation to the Planning Commission and the Bol!/'d of Supe/'Vlsoi's to assist them in making a decision on this lll)pllClltlO/T. It ma), also be [!SG'fu% to othel's intl_'msted in this zoning matte/'. U/ll'esolved issues concernin- this llpplication al'e noted by Staff where l•elenant throughout this Staff report. Reviewed Action Planning Commission: 06/02/21 Pending Board of'Supervisors: 07/14/21 Pending PROPOSAL: To rezone 119.27 acres ofland zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community. and 235.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres. LOCATION: The subject properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creel: Grade (Route 622), south and west of the City of' Winchester. AGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A- 2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) City of Winchester South: RA (Rural Areas) RP (Residential Performance) East: City of Winchester West: RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential Rezoning 1/02-21 Greystone Properties & White Properties May 20, 2021 Vir#;inia Dept. of Transportation: Please.yee leller.fi•om 13racllc.yS. Engi»cer cicilecl.Ianuar>> 15, 2021. Fredericks Water: Please refer to review comment 0 date April 7. 2021 fr Approved as submitted. Pletise see lellerfi•om Eric R. Luivrence, A1C'P, E'xeculive Direclor ((tiler(April 7 Frederick County Department of Public Works: Frederick County Department of Inspections: Site plan comments shall be provided at site plan submittal. No comments for Residential Rezoning. Frederick County Fire Marshall: Plan approved. Winchester Regional Airport: No comment. County of Frederick Attorney: Decemher 1, 2020. Frederick County Park & Recreation: previous Parks and Recreation comments. Frederick Count Public Schools: We have looked at the Greystone and White Rezoning. We note that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we offer no comments. City of Winchester: Please see entail from Timolhy Younicins, Planning Director, cloleclFebrrrcn),14, 2020. Planniniz & ZoninjZ: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition 4011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning 1102-21 Greystone Properties & White Properties May 20. 2021 Page 5 On February 28. 2007 the Board of Supervisors approved Rezoning Application 1t21-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned COnullunity) District with proficrs; the application NvaS revised in 2009 and 2012. 2) Comprehensive Plan Analysis The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the C011111111111ty's guide for malting decisions regarding development. prCSC1'vat1011, public facilities and other key components of' Community lilt. The primary goal ol'this plan is to protect and improve the living environment within Frederick County. It is in essence a composition 01'p0licicS used to plan for the future physical development of Frederick County. The Area Plans. Appendix I of'the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts ofIthe County. Land U.se The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan (NNIJELUP) provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot LlllltS \vlth a density of four units per acre. Comprehen.sNe Plan - Land U.ve Conformance While the area shown to be rezoned from R4 t0 RP is generally consistent with the Plan, the proposed doii,nzonins,> 238 acres to the RA District is inconsistent 1i,ith the Plan. The current zoning ofthe Site provides f01' commercial and higher density residential land uses. The 238 acres has the potential to develop with up to 47 by -right single-family residential units, which does 110t C011fOrIll With the future vision for this area. It Should be noted that the Applicant has proffered to prohibit the use of the Transfer of Development Rights (TDR) Program for the RA portion of the site. Transoortat l on The WJELUP calls for the extension of Jubal Carly Drive as an east/west through road and the construction of a new interchange at Route 37 (The Commonli,eal/h Tran,V)ortation Board, on Januaq 18, 2007, approled the break in access on Roble 37 to allmi, for the construction of this ne1V interch(inge'). The extension of Jubal Early Drive through this site is envisioned to be all Urban four -lane divided highway with landscaped medians and pedestrian accom in odatioils such as sidewalks and bicycle facilities. In addition, a major collector road is planned t0 Facilitate traffic movement in a north -South direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. Alternative modes Of transportation, such as pedestrian and bicycle facilities, and all interconnected system Of multi -purpose trails and sidewalks are planned for Jubal Early Drive and the roadway providing the north -south connection. Rezoning JE02-21 Greystone Properties & White Properties May 20, 2021 Page 6 3) Transportation The 2035 Comprehensive Plan and the W.IELUP call Ior the extension ofRibal Early Drive as a major collector roadway to Route 37 \vith an interchange With Route 37. In addition, the plans call for a llorth/SOLlth major collector roadway through the Site 10 C01111CCt .11lbal Early Drive and Cedar Crcek Grade. The plans also call for the availability ol'bicycle and pedestrian facilities. While the existing proffers associated \vith the 2012 rezoning provide these road\vays, the current proposal does not. The Current proposal only provides for the right-of-\vay for Jabal Early Drive for a limited time pCrlOd (With Construction by others) and converts the 1lorth/SOLith connection to a private roacl\vay associated \vith the gated C0111111LInity. 4) Environmental The FEIvIA National FlOOd Insurance Program (NFIP) map identifies floodplain areas associated with Abrams Creel: on the site. Wetland areas associated with Abrams Creel: area also identified on the site as demonstrated on the National Wetlands Inventory (NNNII). Karst features are known to exist on the property. The applicant has proffered to conduct a geotechnical analysis on all residential properties platted \vithin 100 feet of the pronounced sinkhole area prior to the issuance ol'building permits of such lots. 5) Proffers The proffers associated with this rezoning application are as I011o\vs. Staffhas identified concerns with the proffers that are shown in bold Italic: Proffer Statement — Dated October 16, 2019 with revision date March 25, 2021: A) Land Use The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties \vhicll shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners o1�t11e 238.37± acres proposed for RA, Rural Areas zoning proffer tliat the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Rezoning J/02-21 Grcystone Properties & White Properties May 20, 2021 Page 7 Should the Board Of Supervisors not approve the Internal private street \waiver, the Owners pl'OI fcr to dcvclop the age-restriClCd C01111111llllty per Section 144-24C(2)(b) Of the Count)' COCIC. Staff Note: The Comj)r•ehensive Plan calls for a public major collector road► it), connection between the Jubal Earl) Driw evension and Cedar Creek grade. The proffers that cur•rend), apply to the site provide for the construction of this connection. The current application proposes to develop an age restricted commmnit), with a bated access — thereby eliminating this connection. Staff also notes the need for a public bicycle and pedestrian connection between Cedar Creek grade aml fntrrre Jabal Earle Drive. This concern also applies to proffer B2. Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there would no longer be a feasible location for the construction of the northAoutli connection fr•onr Cedar Creek Grade to Jabal Earl), Dr'ii,e. 2. The Owners Of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community Nvith gated access at the primary entrance located on Cedar Creek Grade if the Board of'Supervisors allows a complete system of private streets \vithin the proffered age -restricted community. The gated access entrance shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing Up Onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if'necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of' Occupancy Permit within the 1 19.27± acre project area, exclusive Of' model homes. 3. The Owners of the 1 19.27t acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right -turn taper lane with all approximate 1501 storage length and a 50' taper length; a separated eastbound left- tL rn/taper lane \vlth all approximate 20O' storm e length and a 20O' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community nity with0Llt ilnpaCting through traffic movement On the Cedar Creek mainline. The Cedar Creek Grade improvements identified In this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of-way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Perforinanee District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second Rezoning 1102-21 Greystone Properties & White Properties May 20. 2021 Pagc 8 means 01'cinergency access into the age-restrictcd C0n1n1unity. The Owners shall Coordinate With the FNdCriCk County and City of Winchcster F-mc'gency Services Divisions to ensure that the design For cincl-clicy access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of'thc first Certificate 01'OCcupancy Permit within the 1 19.27± acre project area, exclusive 01'1110del homes. 6. The Owners of'the 1 19.27± acres proposed for RP, Residential Performancc District zoning proffer to provide right-ol=way dedication for the future extension 01' WCSt .lubal Early Drive that is 102 feet in width to allow for the Construction ol'an urban lour-lanC divided collector road with raised inediarl, curb and gutter, sidewalk, and a 10400t shared use path by others. The right-ol-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25.2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-1-oot riglit-of=way dedication area consistent with the approved road design plan f01- this Construction project. The Owners proffer to provide for the 10246ot right-of-way dedication as part ofthe Subdivision Plat for the age -restricted community and Further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction 01'this project. Staff Note: The current proffery that are applicahle to the properties in thiv rezoning allow for the consh,uction of the Jnhal Bai-l), Di-h,e extension and inte/'Change iV/th Ratite .37. 7. The Owners ol'the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space ol'the age -restricted c0n1111unity sufficient for a future gated access connection to the future extension ol'West .iubal Early Drive if'the Board of Supervisors allows a Complete system of private streets within the proffered age -restricted C011111111111ty. The reservation area 1101' the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Ribal Early Drive and shall provide for a sul'licient vehicle recovery area to allow vehicles to turn around at the entrance gate if' necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250°i Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-oi=way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-loot shared use path by Others. The fight -Of -way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 10246ot right-ol-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of Rezoning 1102-21 Greystone Properties & White Properties May 20, 2021 Pagc 9 25 ),cars beginning oil the (late o1'rczoning approval "I'he 102-1o0t right-of'way and permanent and temporary easement areas are prol erccl to be dedicated to the COLInty cIL11-ing the 25-year reservation period it' the County is successful in SCCLlring approved road design plans and binding I61• the complete ConstrLlCti011 Ol tl1C ILltllrC West Ribal Early Drive extension project between the existing right-ol=way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-Ibot right-of-way and permanent and tcmpol•ary casements shall terminate on the date that is 25 years I1'om the date of'rezoning approval II the County is not SLiCCCSSf ll ill SCCLII•ing approved road design plans and Funding for the complete construction ol'the West Jubal Early Drive extension pl•01ect between the existing right-of=way in the City of Winchester to the Route 37 bridge overpass. Staff Note: The right-of-wa.), reservation for• Jubal Earl), Drive and the Aler'rimnns Lane r'ellligminent that are identified in this proffer and proffer B9 should not have a slrrrset due to the si,-nifcant difficultly iri seeurin; fun din; for large transportation projects. Staff Note: Should the 238 acres be developed with rural lots, there is the potential that there )Mould no longer be a feasible location for the construction of the northAouth connection from Cedar Creek Grade to Jubal Early Drive. 9. The Owners ofTax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 Iect in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25. 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot riglit-of=way dedication area consistent with the approved road design plan for this construction project. The 80-1oot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date ol'rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project betNveen the existing right-of=way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot riglit-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not Successfill in securing approved road design plans and fielding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. Rezoning 1102-21 Greystone Properties & White Properties May 20, 2021 Page 10 2. 'file Owllers of tl1C 1 19.271 acres proposed Ior RP. Residential Performancc District zolling prOIfCr to aSS11111C the responsibility for the Operation and maintenance of the pretreatment system and chemical feed system serving the age-restrlcted Cl\VClllllg Units lllltll SLICK a tillle that Frederick Water advises that SLlfficicnt flows are available to eliminate this ]teed. 3. 'file Owners of the 1 19.27± acres proposed Ior RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located 011 the SOLIth side Of Cedar Creek Grade. 4. 'file Owners of the 1 19.271 acres proposed for RP, Residential Performance District zoning profler to coordinate with l'rederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial desion of the on -site sewer pump station and the fUtUre expansion of the oil -site sewer plilllp station by others. 5. Tlie Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on -site sewer pump station. D) Monetary Contributions 1. 'file Owners of the 1 19.27t acres proposed for RP, Residential Performance District zoning profler to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate Ofoccupancy permit. 2. The Owners of the 238.37f acres proposed for RA. Rural Areas District zoning proffer to proffer to provide a monetary contribution of'$9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. Staff Note: The Count), s Capitallmpact Alodel (Cal)IM) sholvs an impact per RA residential unit of $22,403; the proffer associated with this rezoning does not adequately address the projected impact on Count), facilities. E) Envi1'or mental The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance Rezoning 1102-21 Greystone Properties & White Properties May 20, 2021 Page 1 1 activities will be limited to road crossing. pedestrian and bicycle Facility crossing, and utility Crossing. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning prof Icr to develop a wetlands enhancement landscaping plan within the portion of'the DSA that is located on the south side Of' the West .lubal Early Drive right-ol=way dedication area described in Section I3(6) of the Proffer Statement. "I'he Owners 1)1'01'1er to include this landscaping plan as 111Iormatlon 011 the Subdivision Design Plan and install the landscaping within this area of the project Burin.: the first favorable planting season lollowin�() issuance of the Land Disturbance Permit for the project. The Owners proffer to establish lanLim e within" the Property Owner Association documents for maintenance ofthis area and to allow access to this area to Shellancloah Ulllvel-Sit)' for the purpose 01' Studying and monitoring the wetland enhancement project as all outdoor laud lab educational Opp01-tLlnit)'. 4. The Owners ol'the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the 1SSLlance o1 building permits for such lots. ATTACHMENTS: • Location Maps • Proffer Statement • Cedar Creek Glade Improvements Exhibit S-, Zoning/ROW Map • Current Approved Proffers for Willow Run (2012) • Approved Master Development Plan (Sheet 2) • Impact Analysis Statement • Review Agency Comments • Rezoning Application Form • Transportation Impact Analysis Greystone Properties• • White Propertile •0 Rezoning from R4 to RP and RA Zoning Map {ROCK ' URtkhk•UR I� r . HARBOR Off I00 OKEEFE DR ` I 1 A CT 102 ✓ 53 A 90 LAEGSTA Cl , A -66 � LACOSTA CI MERRIMANS LN • IACCSTA CT • MERRIMANSAll SJ 92 - • t t REWS Ci, • i SJ A SJ A 90 I 9.2A NEWS CL ¢ 1074 , D��CT' "MERRIMANS W � � �08�� ANOREW�C1 _ 174 4a ` REWS C SAINT h ANDNEWSCT • SJ A92A MS�S Ci MERRIM G'. ; .N �NDREWS C' '2ERRIMANS,LN• "V33 SJJA RARVOIN /- tt>9 � MERRIMANS W 'i�f.. 122 ARKINS W MERRIMANS LN ., 344 :�•� 1I L ORCHARI �.W 125t ��1NSN MERRIMANS IN RIMANS'W 1346 ;iiR•Ip1 t CEDAR 100 A NON. _' r CREEK G C NON SHAN - , - NONNN60 CT IR•DR IDS SH NNONCT 127 SHANNON CT RDR '� .,tT Ili 197 CEC SSHANN CR�E,E 1 . ON Cr 1226 7I i CEDAR fi CREEK GR 20 130 REEK G R I60� CLAYHILL D1 •DR At X 6k 4 0 650 1 300 1*02-2 1 mncv AML t d Miil ," �•UCRMER OR �Q 1 .FerFR�h aFhA t� Winchester "us L N�j'# W TM'r E S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 2.600 Feet Mao Created: May 11. 2021 REZ # 02 - 21: Greystone Properties and White Properties PINS:53-A-90,53-A-91,53-A-92,53-A-92A,53-A-92B,53-3-A,63-A-2A Rezoning from R4 to RP and RA Location Map HARBOR 4 WKEEFE DR 1 ' / 53 A 9C • tOJ S3 A'-928 . y � 866 � UCOSiA C1 a' MERRIMANS LN d /8 6IW 1 Jam] ACOSiA Ci � � MERRIMAJJNS lN5 CT, 53 A SJ A.90_ t 92A 'WSCi•, 4 �1074 +'MERRIMANS W f•\74 WLI�CSu tews C74. zoo NDREWS CT 174 EWS C7 SAINI A_ DREWS Ct , 53fe 92A .+ � MERRRNANSW j •'f�/ iI9 jrll•IS �• 'T r � �;.' NDREW$ Ci MERRIMANSLN 133 - SJ 3 A R RA KINS W ,%277 j • i Lfy4 ` ORCHARD LN d :F MERRIMANS LNU. 143 122 ►ARKINS'LN R MERRIMANS W 324* % PARKINS W , s; tI ORCHARDLN • D,W �125 f MERRIMANS W A '� •v� �� / ` � • 12Cr1� t=:.coo. ONkbjr CREEK 't103 /. r SHANNON C DR 105 t Jw•�SHA�NNON CT 127 SHANNONC7 d DIN y` I100� / CEDAR, 19 }* CREEK GR SSHAANNON CT... � Ct I . 1226 V CT _ $ CEDAR CREEK'GR 1J0� EEK GR 160�CUYHILL'DR iJJi curHlu•o Z CEDAR CREEK GR 1184 "^ O 4� " REZ 002=2 1 "LL MAN�'G DR SUCKNEA DR GAF' • � 3 5���-t•.•,d G 0 tiY• o �Oi ��� N,NDLETAME R�AdT Winches jv a 4 WEEMS LM Rt CEDAR Cq r4 EEK GR �p � T,µTA� r �7 N W'E S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 r,sn 1.300 2,600 Feet Mao Created: Mov 11. 2021 •0 Rezoning from R4 to RP • • RA Long Range Land Use Map ,et'11 ROCK (Am UR!!t! UK HARBOR DR too I OKEEFE,DR U Ci 102 53 A 90 • 103- 866 SJ A 92R f d� LACOer CT MERRIMANS LN - 107� • MERRIMANS LN � \ ' � LAEOSTA Ei SJ A 92 REWS C' 53 A70 s 92A L' LtA- - '074 • `yt • • MANS INTANI BREWS CTR.g�Altl 1 AORREYYS Ci 5J A 92A W�SCi v-` RRIMANSLN %INDREWSCT M-., YANSLW 133 ` PARKINS LN s277 1 �' ♦ ORCHARD W 11.79,,��``cc SJ A 91 MERRIttS'LN ' '' _ �143 I221 ►ARKINSLN I MERRtt� ANSL�F1� ti 1I!' J21 LD LN 12`!� ►ARKINS LN O MERRIMANSLN � - 1281� ERRIMANS LN s • • • j` IJ16 +MOIL r[ CEDAR 1266 100 3� N NNON CT CREEK GR CEDAR :MNNOOM Ci IOJ CREEK GR is A i!+ SHANNON CT %R 10.2 To 1 . �•SHArNNONCT CEDAR 127 CREEKrGR 6J A 2A a _ SHANNON Ci T� item:-_n� T SHANNON CT,�JCR GR I` .7 NARI IN CT RIDG 1226 t02S Parcels O CEDAR CEDAR @REEK GR `C - r iISI 1029 CREEK�GR ... rtCEDARIt 1107 "T� •. • - vrLe-In 130 CREEK GR ED+ - • Long Range Land Use 0 Residential �( O Business 0 Extractive Mining Q Commercial Rec Sensitive Natural Areas 1 WO 2,600 Feet V I w `v j _ �3 Cy �3 eEFyi �w� y "Act Q HiL 14 ' `a DR Id Hi QoU Hi i 1 BUCKRERDR . �`�'�. _ RgND(EtAFFFp�hd7 ' Winchester , 1N'EEMS DM CREEK GR �P� rAFrAV E O W _ iT ao � rEV u S E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 Map Created: May 11. 2021 Greene ay Engincering March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A Sl 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL, AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92I3, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 3800G/EAW Grcenway Engineering March 25, 2021 Tax Parcels 53-A-90 thni 92B 53-A-A &, 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer- of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 3800G/EAw 2 Greenway Engineering Much 25, 2021 Tax Parcels 53-A-90 thiu 9211 53-A-A & 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles front backing up onto Cedar Creek Grade and shall provide fora sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Pernlit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted C01111nu111ty without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 3800G/)JAW 3 Cnccnway laiginccring March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within t]re open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Juba] Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn arouncl at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction Nvith the final phase of development which shall be completed prior to the issuance of the 250°i Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. Tire 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Juba] Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area File# 3800G/EAW 4 Greenwey Engineering March 25, 2021 Tax Parcels 53-A-90Ihni 9213 53-A-A fi 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary casement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar- Creek Grade. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 3800G/LAW 5 Greenway laigineering March 25, 2021 Tax Parcels 53-A-90 thru 9213 53-A-A R 63-A-2A D) Monetary Contributions 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. r) Environmental The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for nutigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File# 3800G/GAW Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A ONVIlel, Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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:Arm / 171�n �� 5 I qryo'ticsLLC i a Commonwealth of Virginia, City/County of ()',? L,- To Wit: The foregoing instrument was acknowledged beforemethis day of 20� by t d / / J iJr= 10CFARLAND ORNDORFF NOTAHN PUBLIC D G. 47901519 '4C..:/ONWEALTH OF VIRGINIA Notary Public My Commission Expires.,-so'b'?tl File# 3800G/EAW 7 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: /J , z1 740, LLC `" to Commonwealth of Virginia, City/County of Nlnche—'-I� To Wit: The foregoing instrument was acknowledged before me this ��' day of 20 2-1 by Notary Public My Commission Expires �;-�� ao Roberta Deane Hardy Notary -Public Commonwealth of Virginia Reg. # 72714 My Commission Expires _2 File# 3800G/EAW 8 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A k 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 Subnutted: By: 'mil /� �/,;. 750, LLC Date Commonwealth of Virginia, City/County of KNI 1/ To Wit: The foregoing instrument was acknowledged before me this3et -), day of 20 ?.l by do�u2 Notary Public My Commission Expires ( Ql,;,,- may/ Roberta Deane Hardy Notary -Public, Commonwealth of Virginia Reg. # 7V14 Se" J� �• My Commission Expires File# 3800G/EAW Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 9213 53-A-A & 63-A-2A Owner Sigmature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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:I / / Willow Grove.V LC ate Commonwealth of Virginia, City/County of 1/ 1( nc.h To Wit: The foregoing instrument was acknowledged before me this 3&' day of 20'z1 by C� Notary Public My Commission Expiresr -- Ilk 1 2,12--l_ Roberta Deane Hardy Notary.Public Commonwealth of Virginia Reg. * 7271490 My Commission Expires 44 ar -7� File# 3800G/EAW 10 Greenwa), Engineering March 25, 2021 Tax Parcels 53-A-90 lhni 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: G��1�— --77 � Willow Springs Estate, LLC Date Commonwealth of Virginia, City/County of WI oc�kS4-c� To Wit: The foregoing instrument was acknowledged before me this 3c 20 21 by _ P6,he.-I-a- My Commission Expires aY,-J � 21-r24 File# 38000/EAW day of Notary Public G� O 53 A 92 B o Future Merrimac 0 1 Reservation (Proffer B' Y 53A �\ O 92A Is, 9tio� \�p�5 Future We R e� Legend Parcel Boundary Subject Parcels Winchester Limits L_J ROW Reservation Area - ROW Dedication Area Primary Site Access � ` j 53 Age Restricted Community Gated Access Points Frederick County Zoning RA (Rural Area District) RP (Residential, Performance District) Feet 650 0 650 71 j Map Data Source: Frederick County, Va. GIS Department, 2019 Data C�J rn RESOLUTION Action: PLANNING COMMISSION: September 5, 2012 - Recommended Approval BOARD OF SUPERVISORS: November 14, 2012 ID APPROVED ❑ DENIED AN ORDINANCE AMENDING TIC ZONING DISTRICT MAP REZONING #06-12 PROFFER REVISION OF `MILLOW RUN WHEREAS, Rezoning 906-12 Proffer Revision of NN'illow Run, submitted by Greenway Engineering, to revise the proffers associated with Rezoning 421-06 relating to the "Transportation Enhancements" and "Commercial Land Use" sections of the proffers, was considered. The proffer revision, originally dated September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), and south and west of the City of Winchester corporate limits, in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. WHEREAS, the Planning Comnussion considered this rezoning on September 5, 2012 and forv,,arded a recommendation of approval; and WHEREAS, the Board of Supervisors considered this rezoning on September 26, 2012, tabled the matter and considered the revised application on November 14, 2012; 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 Mth 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 421-06 relating to the "Transportation Enlhancements" and "Commercial Land Use" sections of the proffers. The proffer revision is intended to modify dates as follows: Proffer B2 allows additional time for the County to deternnine whether to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 1132-12 CAJ CT This ordinance shall be in effect on the date of adoption. Passed this 14th day of November, 2012 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Ave Ross P. Spicer Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST John R"'RVi, k' " Freder/cl County Admviistrator VI.RGINIA: FREDERICK CoUNT5.'.SCT. This instrument of writing was produced tonne on 9 �� / '� at j 3 7 a d ��ith cerrCtil'icatc acknovdedgement thereto annexed n was admitted to record. Tax imposed by Sec. 58.1-802 0 and 58.1-801 have been paid; if assessable. �2 s Clerk PDRes. 432-12 Gre,enway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEIVIENT REZONING: RZ # c(- - 9- Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to Residential Planned Community (R4) District with Revised Proffers (357.68± acres) PROPERTY: 357.68±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008; January 14, 2009; June 15, 2012; October 4, 2012 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 06- -/ for the rezoning of 357.68± acres from the Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to the Residential Planned Community (R4) District with Revised Proffers, development of the subject property shall be done in conformity with the terns and conditions set forth herein, except to the extent that such terms and File 113800WG/2012 Conditional Zoning Amendment/EAW Grccmvay l nginccring September I, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18. 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revsed October 4, 2012 conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with lie said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove. V LC, 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (tile Applicants) being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove.V LC and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATIEIVILNT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File 413800WG/2012 Conditional Zoning Amendment/EAW CD September 1, 2005; Revised November 4, 2005 3 W Grccmvay Engineering Revised November 30, 2005; Revised May 19, 2006 �-- Revised June 27, 2006; Revised September 26, 2006 co Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units 010 of Units Single -Family 20% 35010 RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5010 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number Of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. File H3800WG/2012 Conditional Zoning Amendmenl/EAW CD Greemvay Engineering September 1, 2005; Revised November 4, 2005 4 W Revised November 30, 2005; Revised May 18, 2006 �— Revised June 27, 2006; Revised September 26, 2006 lD Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be, in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10010 total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be, required to provide additional commercial acreage. 2. The Applicants hereby proffer to provide a maximum of five acres of land to Frederick County within the southwest quadrant of the commercial center located at the intersection of Jubal Early Drive and Sandy Ridge Boulevard to allow for the development of an aquatic File #t3800WG/2012 Conditional Zoning Amendment/EAW Greemvay Fnginecring September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 19, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15. 2012; Revised October 4, 2012 center by others. This land area shall be available to the County for a period of five years from the date of the final non -appealable 2012 conditional zoning amendment approval and shall be limited to the development of an aquatic center by others. The Applicants shall prepare and provide the County with the deed for this land area and for a temporary ingress/egress if the County chooses to develop this land area in advance of the construction of the approved road system. The Applicant shall provide the deed to the County, provided that the County has approved a Site Plan for the new aquatic center within the time period stipulated above. The land associated with this aquatic center proffer shall promptly be conveyed back to the Applicants by the County if the County has not awarded a construction contract for a new aquatic center on the site within two yeal-s following the recording of a deed to this land area. If the County accepts the land and develops the site, the Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at the date of the deed; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). If the County does not exercise its option for the land for the aquatic center within the time specified in this section, the proffer shall become null and void as a final matter, and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard 0 c...w Ln CO File 413800WG/2012 Conditional Zoning Amendment/13AW 1,ra Grcenway Engineering September 1, 2005; Revised November 4, 2005 6 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 20W Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600t1i dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600°i building permit, but no later than the issuance of the I ,0001h building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and MI, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 File 413800WG/2012 Conditional Zoning AmendmenVEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 7 CD Revised November 30, 2005; Revised May 18, 2006 W Revised June 27, 2006; Revised September 26, 2006 C1i Revised October 24, 2006; Revised November 18, 2006 N Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realigrunent of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200th building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 300th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base File 413800WG/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18. 2006 Revised Junc 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 20)2; Revised October 4, 2012 pavement prior to issuance of 450°i residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600t1i residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. The Applicants hereby proffer to fully fund and construct the new Route 37/Juba] Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 600`'' building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. The Applicants hereby proffer to fully fund and construct the realigiunent of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Juba] Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 6001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and sorthbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. File 413800WG/2012 Conditional Zoning AmendmenUEAW CD Greemvay Engineering September 1, 2005; Revised November 4, 2005 9 W Revised November 30, 2005; Revised May 18, 2006 CJl Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 20M Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 8. The Applicants hereby proffer to execute a signalization agreement with VDOT or the City of Winchester to fully fund traffic signalization with pedestrian actualization at the intersection of Juba] Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on die proffered Willow Run Cedar Creek Grade/Birch-mont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 200t1i residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. l.1. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 200rh residential building permit, exclusive of model homes, File 413800WG/2012 Conditional Zoning Amendment/GAW CD Greemvay Engineering September 1, 2005; Revised November 4, 2005 10 W Revised November 30, 2005; Revised May 18, 2006 Uri Revised June 27. 2006; Revised September 26, 2006 U-1 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 14. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 15. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum Of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to File #f38001AIG/2012 Conditional Zoning Amendment/EAW Greenvay Engineering September 1, 2005; Revised November 4, 2005 11 CD Revised November 30, 2005; Revised May 19, 2006 W Revised June 27, 2006; Revised September 26, 2006 Ui Revised October 24, 2006; Revised November 18, 2006 a� Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of die payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan, which was approved on February 28, 2007. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File 413800WG12012 Conditional Zoning Amendment/EAW CD Grecnway Engineering September 1, 2005; Revised November 4, 2005 12 W Revised November 30, 2005; Revised May 18, 2006 CJl Revised June 27, 2006; Revised September 26, 2006 `J Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 F.) Community Recreation The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400°i building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 6001h building permit. The maintenance of the community center building shall be the responsibility of lie POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of tie 600`'' residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted conununity center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 601h age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining File 113800WO/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 13 Revised November 30, 2005; Revised May 18, 2006 0 Revised June 27, 2006; Revised September 26, 2006 W Revised October 24, 2006; Revised November 18, 2006 C_n Revised December 11, 2006; Revised January 4, 2007 CD Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 20W Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 sections of Juba] Early Drive as specified in Sections D(2) — D(4) of tins Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. O.) Community Curbside Trash Collection The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: File 113800WG/2012 Conditional Zoning AmendmenYEAW Grcemvay Engineering September 1, 2005; Revised November 4, 2005 14 O Revised November 30, 2005; Revised May 18, 2006 w Revised June 27, 20M Revised September 26, 2006 C Il Revised October 24, 2006; Revised November 19, 2006 l!J Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revisal October 4, 2012 a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections P(1) through P(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. 1.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File 413800WG/2012 Conditional Zoning Amendment/EAW Greemvay Engineering September 1, 2005; Revised November 4, 2005 15 CD Revised November 30, 2005; Revised May 18, 2006 W Revised June 27, 2006; Revised September 26, 2006 CF) Revised October 24, 2006; Revised November 19, 2006 Revised December 11, 2006; Revised January 4, 2007 C7 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building perinits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will. be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (" BMY') to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. Pile 43800WG/2012 Conditional Zoning Amendment/1 AW O Gtcenway Engineering September 1, 2005: Revised November 4, 2005 16 W Revised November 30, 2005: Revised May 18. 2006 rJl Revised June 27, 2006: Revised September 26, 2006 ReAsed October 24. 2006: Revised November 18, 2006 Revised December 11. 2006: Revised January 4. 2007 Revised February 12. 2007: Revised October H. 2008 November 17. 2008: Revised January H. 2009: June I.S. 2012 J.} Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shalt apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: �%� G� Z'� Willow Grove.V LC Commonwealth of Virginia, City/C—s t-- .� of U111°C— To Wit: Date The foregoing instrument was acknowledged before me this oR P% day of ci ?p by /,I, W11_Z_1S WH/T E �a o. C John T. Conrad �Do�^ F9�jo NOTARY PUBLIC Commonwealth of Virginia " OF Reg. # 7163184 2or''?Gill "��� MY Commission Expires ARY P\g September 30, 2016 "Notary Public My Commission Expires File?13800WO/2012 Conditional Zoning AmendmenVEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2.006 Revised October 24, 2006; Revised November 18, 2006 Revised D: cember 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revisal October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised O(,ioix:r 4, 2012 J.) Signatures r 17 The conditions proffered above shall be binding upon the assigns and Successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By Date Cominon«realth of Virginia, City/ ounfy of l�<Ma t� Sf+v To Wit: The foregoing instrument was acknowledged before me this o2 ok day of e!�rc P"0 6,Ek 20 /aL by �. l� ! D 6' k� z- a1. coti John T. Conrad o�aONWF �p NOTARY PUBLIC �0 pr 9i Commonwealth of Virginia Reg, # 7163184 ITG11A My Commission Expires rear Pv� September 30, 2016 My Commission Expires �V Notary Public CD W 0-) r\) Fite 93800WWO12 ConditioW Zouing A,meudment/EAW Greemvay Engineering September 1, 2005; Rcviscd November 4, 2005 18 Revised November 30, 2005; Revised May 19, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised Januruy 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions sball apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By:"", LLC Date Commonwealth of Virginia, Cit3,/C—eu t�; of To Wit: The foregoing instrument was acknowledged before me this P,�day of D� 7-6 &,E pL 20 oZ by NT• CoN John T, Conrad ti0�lr0Nw�p NOTARY PUBLIC 0 of �= Commonwealth of Virginia Re tr7163184 �Op�RGtN� �t� My Commission Expires qRy Pv6 September 30, 2016 My Con maission Expires �f Notary Public tD W M W Pile #3800WG/2012 Conditional Zonine Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 19 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J. j Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. 9 , f Miller and Smith a" llow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of �' (r �x To Wit: The foregoing instrument was acknowledged before me this /�r"`day of J Notary Public My Commission Expires ,� 1ENNIEER M. M014TGow?`! r NOTARY PUBLIC REGISTRATION # 701 168 �I COMMONWEALTH OF VIRGIM, IAY C©NIMISSION EY,pIEE AUGUST 31. 2014 1 s� 0 W C) r-- File #3800WG/2012 Conditional Zoning A.mendment/EAW Grccntvay Engineering September I, 2005: Revised November 4, 2005 20 Revised November 30, 2005: Revised May 18, 2006 Revised June 27, 2006: Revised September 26, 2006 CD October 24, 2006: Revised November 18, 2006 Revised December 11. 20W Revised January 4, 2007 W Revised February 12, 2007: Revised October 14, 2008 Ul Revised November 17, 2008: Revised January 14, 2009 C n Revised June 15, 2012: Revised October 4, 2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement; the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. -fi By; Greystone Properties LLC Date Commonwealth of Virgiiva, City/County-of 6JIti4 a-Ce� To Wit: The foregoing instrument was acknowledged before me this 2 day of 20 a by.. -0&/,yu4,) K. Notai Public My Commission Expires �� M�- 36 0 I `� CINDY GROVE NOTARY PUBLIC Commonwealth of Viroinia j Reg. #184054 File #3800WG/2012 Conditional Zoning Amendnient/EAW �J ,,no37 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT fir' SLR, Lam" Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared fbr the purpose of assessing the impact on Fredrick County by the proffered rezoning of' the previously approved Willow Run Traditional Neighborhood Development owned by Grcystonc Properties, LLC; 740 LLC; 750 LLC; Willow Grovc.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District \with proffers to allow for the development of an age -restricted residential community on the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Fronting on the north side of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (119.27± acres) RA, Rural Areas District (238.37± acres) Proposed Use: Age -Restricted Residential Community (1 19.27± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.641 acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) dclincs the general area in which residential, C0111111CI-C1al, industrial, and institutional land use dcvcl0pinCl1t is encouraged in the County. The 357.641 acre subject properties are currently located Nvithin the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age -restricted residential community on 1 19.27t acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of., the 238.37f acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-9213 and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age -restricted residential C0111111Lllllty on 119.27t acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53- A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merrilnan's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north -south major collector road as the primary transportation improvements within the study area. File 08000 Impact Analysis StalemenUGAW 3 The 1 19.27± acre portion Of the 357.64i acre Subject properties that IS 1)1'0I)OSCCI for all age - restricted residential community is located within the portion of the WJELUP that is planned I'm future Residential Land Use. The proposed agc-restricted residential community will be developed as single-family small lot units with a residential gross density that will not exceed 4 DU/Acre. ]'Ile rezoning of the 238.37i acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at a gross density of 4 DU/Acre and will not allow {or commercial development. However, the WJELUP identifies these future land uses should the 238.37± acres be considered for future development till-ough a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF THE SITE Access The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 1 19.27± acre portion of the subject properties proposed for an age - restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age - restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements oil Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 1 19.27f acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of=way dedication with permanent and temporary easements for the future West Jubal Early Drive project and provides for the construction of a gated access entrance by the developer that will allow for connectivity to West Jubal Early Drive Nvhcn it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flood Plains The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. Pile 0800G Impact Analysis StatemenUEAW 4 Wetlands The subject properties contain areas of' Wetlands in conjunction With Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. The 119.27i acre portion of the 357.64i acre subject properties that is proposed for an age -restricted residential community will be designed to avoid \wetland areas; thcrclorc, there \will be no impacts to this cnvrl'onmcntal lcatul'e. Soil Types The 357.64i acre subject properties contain Survey of Frederick County, Virginia, and following soil types are present on site: five soil types as demonstrated by the Soil the Frederick County GIS Database. The 5B Carbo Silt Loam 2-7% slope 1413-14D Frcdcrick-Poplimento Loams 2-25% slope 16C-16D Frcdcrick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loam The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loams comprise the majority of the 1 19.27t acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. This soil type has moderate shrink -swell potential and is appropriate for the development of residential structures. Geotechnical analysis will be conducted in conjunction with the development of the private street systems and community building scrving the age - restricted residential community. Other Environmental Features The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted Within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining propertyz7 and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial File 11380OG Impact Analysis SlatemenUEAW 5 East: PUD-FIR, Planncd Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANS POI2TATION Use: Residential (City) Use: Residential Residential & Golf COnrSC A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential co1111111illity. The TIA dated November 2019 prepared by Kittclson & Associates, Inc. is consistent with the approved VDOT SCOpillg CIOCLIIIiCllt Which includes allalySlS Of the agC- restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange oil and off ramps, and the Cedar Creek Gradc/Valley Avenue intersection in the City of Winchester. Additionally, the TIA includes analysis of an annualized traffic gro\vth rate of 1%; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted C0111111111llty through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange On and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based on background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound Oil and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avcnue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the age -restricted community through forecast year 2027. Tile LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound oil and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a m1nor Change of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The Owners have worked collaboratively with VDOT and the County to develop an off -site design plan for Cedar Creek Grade to address the LOS issue identified for left turn movements onto Cedar Creek Grade and to expand the length and storage capacity Of right and left turn lanes and taper lanes on Cedar Creek Grade serving the proposed project. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off -site design plan for Cedar Creek Grade and has issued a Technical Memorandum confirming that these improvements result in a LOS C for left -turn movements from the File 11380OG Impact Analysis SmtemcnUEAW 6 project onto Cedar Creek Grade. These of,i=site improvements are provided On the proficred Cedar Creek Grade lnlprovements Exhibit dated March 25, 2021. The Owners have provided a Prof'icr Statement to mitigate transportation impacts associated with the rezoning Of the 1 19.27=L acre portion of the 357.64± acre Subject properties that is proposed for an age-1'cstrlctcd 1'CS1dCntlal C011llllulllty and to assist Frederick County with the ability to Nvork with VDOT to secure hauling for the future extension of West Jabal Early Drive to Route 37. The prof'fcrccl transportation inlprovcnlcntS include the f=011Owing: :- Improvements to Cedar Creek Grade to include a westbound separated right -turn lane that provides an approximate 150' storage length/50' taper length Illecting the I'equircinc its Of the approved VDOT traffic study. Improvements to Cedar Creek Grade to include all eastbound SCparatCd ICII-tUrn lane that provides an approximate 200' storage length/200' taper length meeting the requirements of the approved VDOT traffic study. r II1lprovci11e11ts to Cedar Creek Gracie to include all castbound separated inedian protected acceleration lane that provides an approximate 225' storage length/180' taper length meeting the requirements of the approved VDOT traffic study. A 20' right-of-way dedication along the Cedar Creek Grade property frontage outside of the limits of the Cedar Creek Grade improvements for firture corridor widening. Construction of a gated entrance to the age -restricted C0111111Llnity with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up onto Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the community. Construction of an emergency only gated access at the Cidermill Lane connection to provide a second means of emergency access for the age -restricted community. A 102' right-ot-way dedication with permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of Wcst Jubal Early Drive. A 102' right-of-way reservation with permanent and temporary easements throughout the limits of the proposed RA District property to accommodate the future extension of West Juba] Early Drive for a period of 25 years. ➢ An 80' right-of-Nvay reservation Nvith permanent and temporary easements within the proposed RA District property to accommodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT Tile subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary Pile 11380OG Impact Analysis StatemenUEAW 7 Sewci. Master Plan to assess salutary sewer facility needs fol' dcvclOp1llcllt and growth within their Service area and the subject property is a COMI)O11CIlt Of the S011tllCI.11 Service Region. Frederick Water has developed a 12-inch scwcr IOrcc main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion Of the 357.64± acre Subject properties that is proposed for an age-restrictcd residential community. The 12-inch sewer forcc main connects to the 18-inch I -loge Run sC\Vcr interceptor which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sever force Illaill and the 18-inch I -loge Run se\ver interceptor have Sllff icient Capacities for transmission Of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owncr's Proffer Statement states that there will be a inaxil11U111 of' 300 agc-restrictcd residential 11\\,cllings that are developed Within the subject property. Based on comparable discharge patterns and typical flows froin residential devc1oplllents, a 300 gallons/day per dwelling unit is an appropriate conservative sewer demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sever demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the I2-inch sc\\,ci- force Illaill serving the age -restricted community for the purpose Of odor control until there is sufficient flow in the i2-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the On -going operation and maintenance Of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force maid internal to the project; sufficient land area within the project to accommodate future expansion of the On -site sc\ver pump statloil; and casements to adjoining properties to allow connections to the on -site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sever demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The Proffer Statement provides for the development of a pretreatment system and a chemical feed system for the benefit of the sanitary sewer pump station and 12-inch sewer force main which includes costs for on -going operations and maintenance. It should also be noted that the Owners of the subject property proposed for the age -restricted residential community have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost Of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. File 0800G Impact Analysis StatcmcnUHAW 8 WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water infrastructure within this area of the County. Frederick Water has an existing 20-inch water transmission main located along the western boundary of the subject properties which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be a maximum of 300 agc-restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallolis/day per dwelling unit is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water fi-om local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate storinwater quality and quantity and appropriate measures will be implemented on -site to mitigate storinwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify storinwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All storinwater management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and storinwater management impacts to adjoining properties and the community will be mitigated. File 1/3800G Impact Analysis StatemenUEAW 9 SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed agc-restricted residential community on the 1 19.27� acre portion of the 357.64± acre subject properties can be projected from an average annual residential C011SUnlptlOn of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4`l' edition). It is anticipated that the buildout of' the age -restricted residential C011111111(llty will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 cu. yd.. 300 households AAV = 1,620 cu. yd. at build -out, Or 1,134 tons/yr. at build -out The Municipal Solid Waste area ofthe Regional Landfill has a current remaining Capacity Of 13,100,000 cubic yards of air space. The age -restricted residential community will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity of the 357.64f acre subject properties. The Homespun structure has been placed on the National and State Register of Historic Places and previously obtained approval of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound on -ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately '/-miles west of the 119.27± acre portion of the 357.64± acre subject properties that is proposed to be developed as an age -restricted residential community and is not visible from this portion of the area to be rezoned. The age -restricted residential community will be required to provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the File#38000 Impact Analysis StalemenUGAW northern portion of. the 119.27± acres proposed to be developed as all age -restricted residential conlnlunity. Tile Second Kernstown Battlefield is located on the south side of' Cedar Creek Grade across from the entrance that will serve as access to the age -restricted residential conlnlunity. Both Battlefields have been heavily impacted by the c1m,cloplment Of resiciciltlal and com mcrcial lalld uses and public strcetS Wlthill the County and the City of. Winchester. Therefore, the rezoning of the property will not create negative impacts associated With historic propertieS alld hiStOI-IC I-CSOUrccs. Additionally, the Subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an agC-restrictcd COI111111Illlty witllin the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department using the revised Development Impact Model (DIM). The DIM considered 300 age - restricted Single-family dwelling units consistent \vlth the proffered maxil1111111 nulllbel- Of age -restricted dwelling units, which identified a fiscal impact Of $308.00 per residential dwelling unit to off -set impacts to community services. The Proffer Statement provides for a monetary contribution of $308.00 for each age -restricted residential dwelling unit that is paid t0 the County prior to the 1SSUance Of the certificate Of occupancy permit t0 (mitigate impacts t0 community services. Additionally, the Proffer Statement provides a monetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be clownzoned to the RA District to be consistent with the monetary contribution provided for non -age -restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County fr0111 the 1'CZ011ing and development of the 1 19.27i acre portion of the 357.64i acre subject properties for an age -restricted residential community. File 11380OG Impact Analysis StatenentlEAW I I DINE RESIDENCY 0L3'Y 1URG ` LAND USE MEMORANDUIVi Virginia Department of Transportation DATE: January 15, 2021 TO: Evan Wyatt, Greenway Engineering FROM: Bradley S. Riggleman, PE, Area Land Use Engineer RE: TIA and Rezoning Comments — Greystone and White Family Properties Rezoning Mr. Wyatt, VDOT has completed a review of the rezoning application, proffer statement, and traffic impact statement (dated 10/8/2020 with a technical memorandum addendum dated 12/4/2020) for the Greystone Properties, LLC and White Family Properties in Frederick County. It appears that previous comments have been addressed, and we find the traffic impact statement with supporting technical memorandum to be complete and acceptable. Follow are general comments for the rezoning application and proffers: 1. This proposed rezoning should not have a significant impact to the roadway network. The proffered entrance configuration appears to adequately function from an operations perspective. 2. It is noted that the proffers include an exhibit of an innovative entrance/intersection configuration that provides a channelized receiving lane for egress traffic from the proposed development that is turning onto eastbound Cedar Creek Grade. This allows vehicles exiting the site to pull out onto Cedar Creek Grade and then merge into eastbound traffic. The intent of this alternative intersection design is to reduce the potential delay for eastbound egress traffic. The traffic model included in the first submittal of the Traffic Impact Statement yielded that for a traditional entrance design, the egress delay for eastbound traffic operated at a Level of Service F (93.6 second delay). This raised safety concerns over drivers who are waiting to turn onto Cedar Creek Grade will eventually start to accept shorter gaps in traffic and potentially creating a crash scenario. The model of the proposed innovative entrance (shown in the technical memorandum) shows a significant reduction in this delay to a Level of Service C (22.5 second delay). A potential concern with this entrance configuration is the nature of the user, given that this is an age restricted development. Some drivers may experience a certain level of uncertainty when first introduced to this intersection. However, the residential nature of this development would suggest that frequent users of this entrance will adapt to this entrance design. 3. The intersection exhibit is intended to show a general layout. This design is subject to a detailed review upon submission of the site plan. 4. Site access will be subject to all VDOT regulations and standards. Design standards and specifications will be addressed during site plan review. Please feel free to contact me if you have any questions. Sincerely, TIA and Rezoning Comments — Greystone and White Family Properties Sheet 2 of 2 January 15, 2021 Bradley S. Riggleman, P.E. Area Land Use Engineer —Edinburg Residency Cc: Mark Cheran, Frederick County Zoning and Subdivision Administrator John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner Jeff Lineberry, P.E. —VDOT Transportation and Land Use Director Terry Short, AICP, VDOT District Planning Manager Matt Bond, P.E., VDOT Acting District Traffic Engineer Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency 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. Telephone; (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4 Zoning requested: RP & RA Acreage: 119.27 RP ZSb .37 RA I.i r ederielk Water Comments: Please refer to review comment # 3 dated April 7, 2021 zra;m Eric Lawrence. Approved e2s subm;.fted. Frederick Water Signature & Date: t =yu Aprfl `f, 2021 Notice to Frederick Water - Please Return This Form to the Applicant 26 0 315 Tasker Road Stephens City, Virginia 22655 April 7, 2021 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 FREDERICIK: WA►T E R PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com Eric R. Lawrence Executive Director RE: Rezoning Application Comment #3— Greystone Properties, LLC & White Family Properties Tax Map Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A 357.64 acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application package, with a draft proffer statement and Impact Analysis Statement, initially dated Octobers 8, 2020. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. This is comment #3, revised based on discussions with the applicants and upon review of the revised proffer statement dated March 25, 2021. The project parcels are located within the sewer and water service area (SWSA). The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. The rezoning application proffer states that the proposed use of the 119.27-acre RP Residential Performance District zoned portion of the property will be limited to 300 single family dwellings. The proffers are silent on the proposed uses of the 238.37-acre RA Rural Areas District zoned portion of the application. The Impact Analysis (IA) projects water and sanitary sewer flows of 90,000 GPD (gallons per day). Through various efforts, discussed in more details below, Frederick Water extended water and sewer to the subject properties in 2008. A 20-inch water main was extended to the subject properties, and recently 12-inch and 8-inch stubs were provided to meet the subject properties' Water At Your Service Greystone Properties, LLC & White Family Properties rezoning application Review Comment H3 Evan Wyatt April 7, 2021 water demands. And a 12-inch sanitary sewer force main was extended to serve the subject properties sanitary sewer demands. The proffers provide for this 12-inch sanitary force main to be extended, continuing the 12-inch size, to the Abrams Creek area where the proposed pump station will be located. The submitted proffers address the operational costs of pretreatment and chemical feed systems necessitated because the new development's reduced scale will generate significantly less sanitary flows than the sanitary sewer force main was designed and constructed to convey. The proffers commit to design the pump station to easily accommodate future expansions as flows warrant. The applicant and its proffers should provide for adequate easements to facilitate gravity sanitary sewer flow from the entire 357+ acre Willow Run project land area and adjacent properties to the proposed sanitary sewer pump station that will be constructed to serve the proposed 300 age -restricted units. Consistent with the original Willow Run concept, utilizing gravity sewer flows minimize the number of sanitary pump stations required to meet sewer flow demands in the future. Aside from the proffered pretreatment and chemical feed system, the rezoning proposal's significant reduction in land use activities (residential and commercial land uses) results in unaddressed financial impacts to the water and sewer system. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and limited capital contribution funding to either the water or wastewater treatment plants, and the distribution and conveyance system. The applicant enhanced the proffered commitments to accommodate future sanitary flows via easements, upsized gravity sewer and forcemain, and readily expandable pump station design, so that the community will benefit from value that will be realized in the future. Abrams Creek West Water and Sewer agreement The land within this rezoning application was previously rezoned in 2005 as the Willow Run development with 1,390 residential units and a 32-acre commercial area. The October 4, 2005 Abrams Creek West Water and Sewer agreement between the Willow Run developers (Greystone Properties and Miller & Smith) and Frederick Water provided for the extension of water and sewer services to the Willow Run development (the extensions mentioned above). The agreement requires that the lines be sized to provide a minimum capacity of 346,000 gallons per day reflective of the projected water and sewer demands of Willow Run. Per the agreement, Frederick Water sized, designed, and constructed the extended water and sewer infrastructure to meet the needs of Willow Run, with a minimum capacity of 346,000 gallons Greystone Properties, LLC & White Family Properties rezoning application Review Comment IB Evan Wyatt April 7, 2021 per day. The new rezoning proposal will generate 90,000 gallons per day of water and sewer demand, utilizing 25% of the sewer infrastructure that Frederick Water funded and constructed to meet the demands of Willow Run. The developer continues to be responsible for the design and construction of the pump station sized to complement the existing force main and its minimum capacity of 346,000 GPD. In exchange for the extension of services to the development site, the Willow Run developers agreed to purchase a minimum number of water and sewer connections to ensure that Frederick Water would recover and repay the bond which was utilized to fund the design and construction of the water and sewer infrastructure extended to the property — the extension of infrastructure to a development is a developer's responsibility. With the new rezoning proposal proffered cap of 300 residential units, there will be a significant shortfall in the financial contributions toward the overall water and sewer system, including distribution, conveyance, and treatment. The original Willow Run project and the water and sewer agreement was premised on initially funding the extension of infrastructure (332 units) and any additional units (1,000+ residential plus commercial development) would provide capital contributions/funds towards treatment plant capacity to meet the projects demands. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and a reduced capital funding contribution to the water or wastewater treatment plants, and the distribution and convey system. Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application. Sincerer, pf L Eric R. Lawrence Executive Director Cc: Candice Perkins, County Planning Department Evan Watt YY�� Y'S l�III0�0 Rod Williams <rwillia@fcva.us> Tuesday, December 1, 2020 3:35 PM Evan Wyatt Candice Perkins; John Bishop RE: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning My apologies again for the delay with this. I have now had the opportunity to review the Proffer Statement, revised October 8, 2020, and have just the three text comments and one staff comment. As to the text comments, you may certainly wish just to address these in the final version you submit with the application, without the need to resubmit anything to me. The text comments ar • At the bottom of page 1, there is an extraneous "53" following the reference to parcel number In the last sentence each of Proffers 131, 132, and 134, regarding timing of the commitments, I believe that "The proposed improvement identified in the section" would more properly read as "The proposed improvement identified in this section". In the sentences roughly in the middle of Proffers 137 and 138, regarding dedication at no cost, I believe that "are proffered to be dedicated to the County at no cost to the Owners" would more properly read as "are proffered to be dedicated by the Owners to the County at no cost". The comment for staff is that, re Proffer 136, the requirement to build the connection to West Jubal Early Drive occurs only prior to the final occupancy permit for the RP portion of the Property. Given the cost of completion of this improvement, relative to the marginal profit for construction of the last housing unit on the Property, it is substantially likely that the West Jubal Ea connection would never come to fruition. From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 11:11 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning Thanks for the update and no worries! I will look for your comments in the near future and hope you have an enjoyable Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, November 18, 2020 11:09 AM To: Evan Wyatt <ewyatt@greenwaVeng.com> Subject: RE: '[External]'Greystone Properties & White Family Properties Rezoning Thanks for checking on this. It has taken me longer than I had hoped to get to this and to work through it and for that I must apologize. I will try my hardest to have something to you before the holiday next week or, failing that, right after the holiday. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 10:28 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, I'm touching base to determine when you believe you will have an opportunity to provide your updated comments for the subject property based on what the revised information that I submitted on 10-16. Please let me know if you have any additional questions regarding this information or if there is anything else needed from me regarding this matter. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwaVEng.com Email: ewyatt@greenwayeng.com l (t G E� CREENWAY F,hG: NF FP1Nt 2 Evan Wyatt From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, February 14, 2020 7:07 PM To: Evan Wyatt Cc: Perry Eisenach Subject: City Planning Comments on Greystone Properties RP & White Family Properties RA Rezoning Evan, Sorry for the delay in compiling my thought on the proffered rezoning. I really don't have any comments on the larger rezoning of the White property back to RA, but do have some comments/concerns about the rezoning associated with the up to 300-unit age -restricted unit gated community on the Greystone Properties portion proposed for rezoning to RP. Thank you for meeting with me back on January 1.6, 2020 to help me better understand the request. I have mixed feelings about the advisability of creating upwards of a 300-unit age -restricted community that has only a single point of access to the public street network. While I understand that the anticipated LOS F condition for the weekday PM traffic exiting this private gated community does not mathematically impact the traffic flow on Cedar Creek Grade through movement, I think it does create a safety issue since the residents will become frustrated enduring excessive wait times trying to access Cedar Creek Grade and may present a hazard associated with risky decisions to pull out into oncoming traffic in an unsafe manner. This will be particularly true for the left -turning traffic which appears to be about 65% of the trip distributions according to Figure 10 in the Traffic Impact Analysis(TIA). Per Figure 12 of the TIA, it appears that the projected Year 2027 traffic conditions will have 1,040 vehicles (731EB+309WB) during the AM peak hour and 1,551 vehicles (585EB+966WB) in the PM peak hour moving past the development entrance on Cedar Creek Grade. That leaves little gap for the drivers (mostly senior citizens I would guess) to make a left turn out onto the road. I think there will be strong homeowner pressure on Frederick Co, VDOT and even the City of Winchester to seek public funding and approval of a traffic signal or other improvement to make it safer and more convenient for them to access the public roadway, especially eastbound. I have mixed feelings about recommending a full street connection to Cidermill Lane in the adjoining Orchard Hill Subdivision situated within the City limits. This public street was approved as part of the latter phase of Orchard Hill townhouse development (the latter phases constructed by Oakcrest) to be a through street connection to whatever would be built in the adjoining County land. Given the unlikelihood of any northern outlet to W. Jubal Early Drive following the surrender of the state funds by Frederick County and the reversion of the former Willow Run (Miller & Smith) development property back to RA by the White Family, I am hesitant to recommend more than just the emergency connection to Cidermill Lane that is called out in the proffers. I believe that the occupants of the 300 County hornes would probably select that local neighborhood street over trying to make a left turn down at Cedar Creek Grade if they are wishing to come into the City. That would also negatively impact Harvest Lane which has a heavy volume of traffic between W. Jubal Early Dr and Cedar Creek Grade. We already have citizens petitioning for traffic signals at the north and south termini of Harvest Drive even though prior- warrant studies have not justified a traffic signal at either terminus. Regarding multimodal circulation, I would suggest that the rezoning applicant (developer of the Greystone Properties part) consider committing to construction of a paved trail connection to the Green Circle Trail (GCT) within the area proffered for future W. Jubal Early Drive ROW dedication. The bike/walking connection at Cidermill Lane does not provide a very direct connection to the existing GCT as would a trail at the northern end of the site. Cidermill Lane actually angles southward away from the GCT before connecting with Harvest Drive where bikers would need to share the busy road with motorized vehicles. Lastly, I feel that there needs to be more attention paid to the worsening condition on Cedar Creel< Grade at the eastbound approach to the Rte 37 NB on -ramp. Because of the limited pavement with on Cedar Creek Grade at the underpass, a backup condition is caused by only one or two vehicles waiting to make a left -turn eastbound along Cedar Creek Grade on to the Rte 37 northbound ramp. This delays the through movement on Cedar Creek Grade. While some of the impacted traffic is originating in western Frederick County, a growing amount is traffic that has just exited Rte 37 southbound after making a left -turn at the Rte 37 southbound traffic signal on Cedar Creek Grade. This traffic volume will increase due to the residents of this new development trying to return to their homes from points north of the development. I think some proportional contribution to mitigating that worsening condition should be considered. I do want share with you, that I did briefly discuss this proposal with City Public Services Director Perry Eisenach. He does want to take a closer look at the TIA and may have additional City comments or questions. Let me know if you want to discuss any of this further before I share my concerns with Frederick County planning and formalize my comments on the signed rezoning comment form. Thanks, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext, 1415 Email: timothy. youmans0winchesterva.4ov 101,1 P-ster- - . \4i%,Ny.N%Jnchesteii,a."o\y LhiI nine *** VIRGINIA FREEDOM OF INFORMATION NOTICE *** NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. COUNTY of: FRZEDEMCK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 3, 2021 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 R, Proposed Rezoning for Greystorie ?3-roperi1es Rr- & White Family Properties RA Rezoning PI-Opel-ty Identification Number (PIN): 53-A-90, 53-A-91, 53-A-92, 53-A-97,., 53-A-92B, s3-3-A, and 63-A-2A Dear Mr. Wyatt: Thank you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and White Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates the increase from 20 to 25 years of the window to take advantage of the right-of-way proffer for Juba] Early Drive and Merriman's Lane. However, given transportation funding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring funding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public between Cedar Creek Grade and future Juba] Early Drive. Once again, I would thank you for the opportunity to comment and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. Thank you John A. Bishop, AICP Assistant Director -Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd COUNTY of FREDERICK Department of'111 nning and Development 540/ 665-5651 Fax: 540/ 665-6395 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification lumbers (Pllgs): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92I3, 52-4. and 63-A-2A I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission, to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Western . UWO Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. Environmentai Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University, this application would remove the access ability from the area proposed to be zoned RA. A large area of environmental features Page 2 Mr. Evan Wyatt RE: Greystone/White April 29, 2021 (wetland and pond) is located on PIN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 5. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, and the City of Winchester. 6. rees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application.. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 7b be completed by Planning Stajj: Zoning Amendment Number 0 t Date Received 5 "1 2-1 Fee Amount Paid $_ 5 `) J C,A Anticipated PC Hearing Date - 'a I ; \ Anticipated BOS Hearing Date `1 14 1 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Springs Estates, LLC Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Email: willis@white properties.net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. k Page 12 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A b. Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: f. RP District 119.27 +/- Acres; RA District 238.37 +/- Acres Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest 'intersection, using road names and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number Use See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, �eal Estate Division, 107 North Kent Street, Winchester, VA 22601, Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III 740, LLC: C. Ridgely White, Jr. 750, LLC: Stephen D. White Willow Grove V. LC & Willow Springs Estate, LLC: M. Willis White Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 21 Location Map E Plat Depicting Metes/Bounds of Proposed Zoning �� 21 Impact Analysis Statement IZI Proffer Statement (if any) ❑ Agency Comments Fee Copies of Deed(s) to Property(ies) Tax Payment Verification 0 Digital copies (pdf s) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: �b1�411��e� Date S If signing on behalf of an entity, please state name of entity and your title: Owner: ?P—m c i f u-L. 0 P j AG-L`{' ' Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. i Owner: Date Z. Z& �2 If signing on behalf of an entity, please state name of entity and your title: Owner: -740 , Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date 4 7-b 04 If signing on behalf of an entity, please state name of entity and your title: e-ccr-L-� or- +� ��•�� If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: C✓tip fig%y'� . Date Owner: If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Lila-- Date +17-i) 7—o Z�-I If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: ��� ,l/�� Date a / If signing on behalf of an entity, please state name of entity and your title: Owner: >/fi-'�� ��-- Date If signing on behalf of an entity, please state name of entity and your title: \VfiL-w'� Other Applicant Party (if any): LL'n i • W Date 4 71 "7--0"1 If signing on behalf of an entity, please state name of entity and your title: Uw��r, iCPc���-rra--rives U2Ct="l�1WAy �J(,�rJu.�r�Cl �NC_. If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcels) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662A185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: F/ Rezoning ❑ Subdivision B Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re i d oWmodif it. Signature Title (if sp'7— mg onb6lAf an e tity) 6\gYlc(!r-e�f St e of _ Y, (Qt n l o- , County/City of L), n(1J)p Sk , To wit: I AtMOWOA bv►PJzL Y . a Notary Public in and for the iursdiction aforesaid. certify that the'person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of jDaa, 2021. _MDA MCFARLAND ORNDORFF NOTARY PUBLIC REG. 47901519 COMMONWEALTH OF VIRGINIA My Commission Expires: S5-�t-36 a�ay Registration Number: % 9d .519 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740. LLC Name of Property ONvner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 87 Winchester, VA 22604 (540) 664-1538 Mailing Address of Property ONvner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow M , for the above identified property: ✓� Rezoning Subdivision ❑ Conditional Use Permit Site Plan ❑ Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on bAalf/Qt an entity) State of )Q,4 1 //L C-" . , County/Cityof �C��/r1C �sf't/ , To wit: I a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeare before me and has acknowledged the same bef. r me in the jurisdiction aforesaid this ,BUY` day of / ��-�� 202�i. ���Cc>i� �Le. , 4 My Commission Expires: Notary Public Roberta Deane Hardy a Registration Number: Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires '7,!Z�71 �"r� COG Special Limited Power of Attorney County of Frederick, Virginia ' - Frederick Planning Website: www.fcva.us a\W iAl 111a Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or arc applicants, an executed power of attorney from cacti owner will be needed. 750 Merrimans Lane Winchester, VA 22601 (540) 533-4836 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 B do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing o behalf of an entity) State ofV1, r� l�cx.._.. , County/City of (�l t lc.%� , To wit: I,i��_ lz�y, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same bef e me in the jurisdiction aforesaid this ��I `' day of 82,.-, / , 20-/. s . +✓ l Buz rJC� My Commnission Expires: Notary Public Roberta Deane Har y Registration Number:,, ' i �� /W Notary -Public Commonwealth of Virginia Reg, 0 7271490 - My Commission Expires Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property O\vner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property ONvner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓❑ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf of an entity)11 State of V I ►'�J I MIL n. , County/C� of , To wit: I, 4?15e-e��� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be e me in the jurisdiction aforesaid this -. 'b ` day of yr ( , 20 i r` My Commission Expires: �� 3� �u Notary Public Roberta Dea ar y Registration Number: '7-�----7 Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires `2Z2I `fy Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Springs Estate, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the nano of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓Q Rezoning Subdivision e Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if sig6ing on behalf of an entity) State of County/City of v " l nG�1r' , To wit: q C' I, Glhuri'�`tHsu l� C , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same b re mein the jurisdiction aforesaid this Se, day of , 20 z / �l/�(: My Commission Expires: -A Notary Public Roberta Deane Haray i Registration Number: 7a-7 /, 4-4 Q Notary -Public Commortwealth of Virginia Reg. # 7271490 My Commission Expires -7 OX7 L462y Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the properly owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcels) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: ✓❑ Rezoning ❑ Subdivision Conditional Use Permit H Site Plan Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise red i d or modif it. Signature (/ Title (if si'1 mg on b bat- f an e tity) 6\ct oq!R- I St e of rot n 1 0 , County` V I /City of J, nCi) s4& To wit: I M0 —, a Notary Public in and for the jurisdiction aforesaid, certify that t 1e person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 2011. 'L') IV)i" oit�c My Commission Expires: ;r41-3� aoa y o t a V' h9 -A flA 11-1 ���^ �'A��.=� ' Registration Number: % 90 f 51 / 9 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 87 Winchester, VA 22604 (540) 664-1538 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓❑ Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise rescind or modify it. / Signature Title (if signing on be alf9 an entity) I State of J4 County/City of C� % f n G his f 'y , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeareq before me and has acknowledged the same bef. r mein the jurisdiction aforesaid this �?U ""- day of 202-i. ILJU.� c �� My Commission Expires: Notary Public Roberta Deane Hardy ` Registration Number: Notary - Public commonwealth of Virginia Reg. # 7271490 My Commission Expires '7,2.31 Y`r'C Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750. LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 750 Merrimans Lane Winchester, VA 22601 (540) 533-4836 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-9213 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: Q Rezoning Subdivision Conditional Use Permit ❑ Site Plan Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing behalf of an entity) State of V 1 {-�i i 12.Lc� ,County/City of To wit: I, �� t/fz �� cam- �2�y , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before the and has acknowledged the same be£o e me in the jurisdiction aforesaid this 06 day of /hn,�� f , 20•�-1-1. a��'u�lt. �, cal My Commission Expires: and, Notary Public Roberta Deane Har y Registration Number: /V9d Notary -Public Commonwealth of Virginia Reg.l 7271490 V.- My Commission Expires — Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owncr/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓❑ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if sign ni g on behalf of an entity) �n-��/ F, i? j� State of I rU �� , County/City of �J r n c h s ty , To wit: I, 4?4je-✓f, ;Ja `u�� ��� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before the and has acknowledged the same be %e me in the jurisdiictioon%aforesaid this Ci day of ! ( , 20 u ' �'� My Commission Expires: �wy 3�` K-IJ2 Notary Public Roberta Deank Hardy Registration Number: 7--'—? 1Yx_D Notary Public Commonwealth of Virginia Reg. it 7271490 My Commission Expires `73) 7 �`r� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Springs Estate, LLC Name of Property ONvner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: ✓Q Rezoning ❑ Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) P Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if si ing on behalf of an entity) 10�/� State of r c� , County/Cityof v " /'���2�'- , To wit: I, Gl�9c'-iz— t a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same b "" re me in the jurisdiction aforesaid this �3c day of 1 , 20 & 1 �tLl My Commission Expires: Notary Public Roberta Deane Haray J Registration Number: �7J--i 4t�9 d Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires `? 0"7 (-4fiy • Rezoning Comments 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 E Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 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 Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 side of City of Winchester Corporate Limits Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merdmans Lane; South side W&W Railroad: West side of City of Winchester Corporate Limits Current zoning: R4-357.64 a-r, . Zoning requested: RP & RA Acreage: 119.27 RP z35.3-7 it'�a Department of Public Works Comments: %I Public Works Signature & Date: (�-✓ l �Z " s i Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 REQUEST FOR REZONINGOMMENTS Frederick County Inspections Department Mail o: Frederick County Inspections Department 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 (540) 665-5650 LJ Hand deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: GreenwayEngineedng, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 6c)2-4185 Name of development and/or description of the request: Greystone Properties Age -Restricted Community Rezoning -119.27 acres RP District White Family Properties Rural Area Rezoning - 238.37 acres RA District Location of Property: North side of Cedar Creek Grade; East side of Route 37 and Merriman's Lane; South side of W&W Railroad and West side of Winchester Corporate Limits Building Official's Comments: Building Official's Signature & Date: Notice to Inspections Department - Please Return This Form to the Applicant 12 • • Site flan comments shall be provided at site plan submittal. No comments for Residential Rezoning SASite Plan coxnments\2015\Residential, Rezoning Whites.doc Rezoning Comments • • Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his 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 property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 PC. Zoning requested: RP & RA Acreage: 119.27 RP 23b , 3-f Rf\ Fire Marshal's Comments: Fire Marshal's Signature & Date: f2 Z-- / 9 Notice to Fire Marshal - Please Return This Form to the Applicant 23 0 • Frederick County Department of'Fire and Rescue Office of the Fire Marshal 1080 Coversione Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Etttai1.fino@fcva.us Plan Review & Comments Date Received 11121 /2019 Plan/Permit Type Rezoning Application 11-21-19 Name Greystone Properties RP/White Family Properties RA Address Cedar Creek Grade Winchester Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: -A-1 4- Age -Restricted & Rural Area Rezoning Greenway Engineering 540-662-4185 Adequate Inadequate /A Adequate Inadequate N /A Adequate Inadequate N'A Yes No t\/A Approve Date Reviewed 12/2/2019 VA 22602 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 • Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and, any other pertinent 106rmation. � Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 r+c.. Zoning requested: RP & RA Acreage: 119.27 RP 238.3'( RA� Winchester Regional Airport's Comments: 1110kA . Winchester Regional rt's Signature & Date: — �x Notice to Winchester egional Airport - Please Return Form to Applicant 31 Rezoning Comments 0 Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 i Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2°d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of li Parks & Recreation 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 Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 PK-- Zoning requested: RP & RA Acreage: 119.27 RR ; 238.3-f P/� Department of Parks & Recreation Comments: / 0 ' i 7 - -2-U M" Ct -�2PAc -/1 Pks. & Rec. Signature & Date: Notice to Department of Park & Recreation - Please Return This Form to the Applicant 24 Evan Wyatt • From: Wayne Lee <Leew@fcpsk12.net> Sent: Thursday, January 16, 2020 3:58 PM To: Evan Wyatt Cc: AI Orndorff; David Sovine; John Grubbs; Beth Brown Subject: Greystone Properties and White Properties Rezoning application Evan, Good afternoon. We have looked at the Greystone and White Rezoning. We note that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we offer no comments. Thank you for the opportunity to comment. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leew@fcpsk12. net (office) 540-662-3889 x88249 (cell) 540-333-2941 1 lJ E I NikP,,-I GREENWAY ENGINEERING April 6, 2021 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Candice Perkins, Assistant Planning Director Attn: John Bishop, Assistant Transportation Director 107 North Kent Street Winchester, VA 22601 RE: Greystone Properties, LLC & White Family Properties Rezoning Comment Response Letter Dear Candice and John: The following information is intended to provide responses to the review comments provided in your second review letter dated December 3, 2020. Please note the following: FC Planning Comment #1— Western Jubal Early Drive Land Use Plan: The 2035 Comprehensive Plan identifies the properties within the land use plan with urban/suburban residential and commercial land use designations. The 119-acre area shown to be rezoned from R4 District to RP District is generally consistent with the land use plan. The proposed downzoning of the 238-acre area from R4 District to RA District is inconsistent with the land use plan. The Applicant should consider as part of the proposed proffers that the future development or subdivision of the 238 acres would conform to the Comprehensive Plan and development or subdivision would recognize the current proffer commitments. Comme►it Response #1: We appreciate your acknowledgement that the proposed RP District rezoning for the Greystone Properties, LLC parcels is generally consistent with the plan. The 2035 Comprehensive Plan identifies all properties within this land use plan as residential and business. All properties that comprise the entirety of the land use plan are approximately 615 acres in total and are zoned R4 District and RA District. It is understood that the proposed RA District rezoning deviates from the current R4 District zoning and proffered Generalized Development Plan (GDP) that was approved in 2007. However, the R4 District zoning and proffered GDP has proven to be financially infeasible and the previous owners of the 238 acres have since sold the properties and are no longer involved with the R4 District project. The current property owners of the 238 acres desire to rezone the properties from R4 District to RA District resulting in the same zoning designation as 7 other properties within the WJEDLUP boundary. However, unlike the 7 other properties that are zoned RA District, the current property owners have agreed to provide a monetary proffer for any RA District five -acre or rural preservation lot within the 238 acres if this acreage would be subdivided. The monetary proffer is consistent with the current monetary contribution for all non -age -restricted lots in the current R4 District proffer statement. Should the 238 acres be desired for higher intensity development in the future, the applicant would Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection Services Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com FiIc #3800G/EAW 0 9 need to process a rezoning request that would recognize the Comprehensive Plan. Therefore, the proposed proffer statement recognizes current proffer commitments for the 238 acres proposed for RA District zoning with the Understanding that future development of a higher intensity will need to recognize the Comprehensive Plan that is in place at that point in time. FC Planning Comment #2 — TDR Program: Rezoning the 238 acres to RA District would typically provide the ability to develop residentially through the Transfer of Development Rights Program. The TDR Program would not be appropriate in this instance due to the transportation components outlined in the land use plan. Comment Response #2: Section A(3) of the proposed Proffer Statement provides new language that restricts the use of TDR's specific to the 238 acres proposed for RA District zoning. FC Planning Comment #3 — WJELUP Community Linkages: The land use plan states that the community will be linked by an efficient road system, multi -purpose trails and sidewalks. A major collector road is planned to facilitate traffic movement in a north -south direction between Jubal Early Drive and Cedar Creek Grade. The proposed revision for a gated community with private roads does not conform to the land Use plan as It would eliminate the connection between Jubal Early Drive and Cedar Creek Grade. Comment Response #3: The Board of Supervisors will need to grant a waiver for the ability to develop a complete system of private streets within the 119-acres proposed for RP District zoning; therefore, this decision will determine if the Board is supportive of this design concept. The proposed Proffer Statement provides for connections between Cedar Creek Grade and the future Jubal Early Drive. Therefore, the project will provide for the community linkage identified in the comment above and the design of this connection (public street or private street) will be determined by the Board of Supervisors. FC Planning Comment #4 — Deed/Plat: Provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning. Comment Response #4: We will provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning as information with the rezoning application filing packet. File #380OG/EAw 2 FC Planning: Comment #5 — Generalized Development Plan: It is unclear how a GDP as indicated in the comment response letter would hinder future development. The "Proposed Zoning & ROW Map" should be amended to a GDP that outlines proffers 5, 6, 7, 8 and the road improvement exhibit. Comment Response #5: Greystone Properties, LLC intends to have their 119 acres rezoned to the RP District as an entitled age - restricted community that will be limited to a maximum of 3OO single-family small lot units and then sell the property to another party that will be responsible for the development of this community. The White Family Property Owners do not have plans to develop their 238 acres that is proposed to be rezoned to the RA District. For this reason, the Owners do not want to submit a proffered GDP with the rezoning application as this will create issues with the future developer of the age -restricted community and would result in the need to for the future developer to revise the GDP and revisit the rezoning process to obtain approval for their desired development. The "Proposed Zoning & ROW Map" exhibit has been revised to identify the transportation enhancements and reservation areas specific to Sections B(6), B(7), B(8) and B(9) of the proposed Proffer Statement. Please note that this numbering is different than the numbering identified in the comment letter due to the inclusion of Section B(1) of the proposed Proffer Statement. FC Planning Comment #6 — Redline Proffers: Provide a redline proffer statement that depicts the changes from the approved proffer statement and what is proposed to be changed/removed. Comment Response #6: The proposed Rezoning Application and proposed Proffer Statement is a whole -sale change from the current R4 District Proffer Statement and proffered GDP. The redline proffer depicting these changes would In essence result In a redline strike-thru of the current Proffer Statement and would be confusing to the decision makers. It Is recommended that we do not provide this Information as reflected in your comment above. FC Planning Comment #7 — Proffer B1: This proffer should be expanded to include a provision should the private street waiver not be granted by the Board of Supervisors. Comment Response #7: Section B(1) of the proposed Proffer Statement has been revised to address this comment. File #38000/LAW 3 FC Planning Continent #8 — Proffer B2: Please confirm that the impact that the proposed improvement has oil the egress delay shown in the TIA. In addition, the language regarding specific turn lane and taper language should note these are rilininlurns. Comment Response #8: The traffic consultant provided additional information to VDOT subsequent to this comment that demonstrated an acceptable egress delay and VDOT has since provided an approved rezoning comment which was also provided to County Planning and Transportation. Additionally, Section B(3) of the proposed Proffer Statement identifies the distances as approximate which was also a comment from VDOT that has been addressed. FC Planning Comment #9 — Bicycle and Pedestrian Connectivity: The WJELUP states that the community will be linked by an efficient road system, multi -purpose trails and sidewalks. Staff would emphasize the importance of connectivity for bicycle and pedestrian access. Staff would note that the Applicant has not addressed this in the proffers. Comment Response #9: Tile appropriate location for a public bicycle and pedestrian facility requires acquisition of an access easement from an adjoining property owner for the connection at Cedar Creek Grade. The Applicants spent time and n7oney attempting to acquire this easement which was Unsuccessful as there was no response from outreach to the adjoining property owner other than from the registered agent of the LLC. Should the proposed rezoning be approved by the County, the owners will provide a design that identifies pedestrian connectivity throughout the project for the benefit off the end -users during the Master Development Plan and Subdivision Design Plan process. FC Planning Comment #10 — Proffer B6: Staff is uncomfortable with the sunset clause on this proffer. While appreciative of the increase from 20 years to 25 years, the preference would be not to have a limitation. Comment Response #10: The Owners of the 238-acres proposed for RA District zoning were reluctantly willing to increase the timeline of Jubal Early Drive right-of-way reservation from 20 to 25 years. The Owners are not willing to reserve the right-of-way for perpetuity. Tile #38000/GAw 4 16 • 0 FC Planning Comment #11 — Proffer I36 and B7: Proffers B6 and B7 should be combined given the relative nature of' the road projects they are referencing, and staff reiterates the concern about the sunset clause of 25 years on the proffer. Comment Response #11: The Proffer Statement identifies the reservation areas for the future Jubal Early Drive and the future Merriman's Lane relocation as separate items in the proffers intentionally as combining this language would be confusing due to different right-of-way widths. The Owners of the 238-acres proposed for RA District zoning were reluctantly willing to increase the timeline of Jubal Early Drive right-of-way reservation and the Merrinlan's Lane right-of-way reservation from 20 to 25 years. The Owners are not willing to reserve the right-of-way for perpetuity. FC Planning Comment #12 — Environmental Proffers: The approved proffers contained a number of proffers relating to the delineation and protection of wetlands, no disturbance limitations, and access to Shenandoah University for studying and monitoring wetlands. This revision should provide for the protection of these environmental features. Comment Response #12: Sections E(1) through E(4) provide proffers for the protection of environmental features consistent with the current proffers. FC Planning Comment #9 & #10 — Review Agency Comments & Fees: Staff has identified the various review agencies that require comments and the required rezoning application fee for this rezoning application. Comment Response #13 & #14: We have coordinated information specific to the rezoning application with VDOT, Frederick Water, County Planning, Attorney, Transportation, Public Works, Fire Marshal, Parks and Recreation and Public Schools, the City of Winchester, and Winchester Regional Airport to obtain review agency comments. We did not coordinate information with the Frederick -Winchester Service Authority as sewer will be directed to the Parkins Mill Wastewater Treatment Facility or with the Virginia Department of Health as the age -restricted community will be served by public water and sewer. We will submit the applicable comments and application fee at time of formal submittal of the rezoning application. Please find attached copies of the proposed Proffer Statement and proposed Zoning & ROW Map dated March 25, 2021 for your review and comment. Please contact me if you have any questions File #38000/EAW 5 u regarding this information; if not, I would appreciate your final review agency comments when you have an opportunity. Sincerely, Ln f �' Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Rod Williams, Frederick County Attorney Pile #3800G/1 AW 6 Ir Virginia Department of Transportation DATE: January 15, 2021 TO: Evan Wyatt, Greenway Engineering FROM: Bradley S. Riggleman, PE, Area Land Use Engineer EDINBIJW RESIDENCY LAND USE MEMORANDUM RE: TIA and Rezoning Comments — Greystone and White Family Properties Rezoning Mr. Wyatt, VDOT has completed a review of the rezoning application, proffer statement, and traffic impact statement (dated 10/8/2020 with a technical memorandum addendum dated 12/4/2020) for the Greystone Properties, LLC and White Family Properties in Frederick County. It appears that previous comments have been addressed, and we find the traffic impact statement with supporting technical memorandum to be complete and acceptable. Follow are general comments for the rezoning application and proffers: 1. This proposed rezoning should not have a significant impact to the roadway network. The proffered entrance configuration appears to adequately function from an operations perspective. 2. It is noted that the proffers include an exhibit of an innovative entrance/intersection configuration that provides a channelized receiving lane for egress traffic from the proposed development that is turning onto eastbound Cedar Creek Grade. This allows vehicles exiting the site to pull out onto Cedar Creek Grade and then merge into eastbound traffic. The intent of this alternative intersection design is to reduce the potential delay for eastbound egress traffic. The traffic model included in the first submittal of the Traffic Impact Statement yielded that for a traditional entrance design, the egress delay for eastbound traffic operated at a Level of Service F (93.6 second delay). This raised safety concerns over drivers who are waiting to turn onto Cedar Creek Grade will eventually start to accept shorter gaps in traffic and potentially creating a crash scenario. The model of the proposed innovative entrance (shown in the technical memorandum) shows a significant reduction in this delay to a Level of Service C (22.5 second delay). A potential concern with this entrance configuration is the nature of the user, given that this is an age restricted development. Some drivers may experience a certain level of uncertainty when first introduced to this intersection. However, the residential nature of this development would suggest that frequent users of this entrance will adapt to this entrance design. 3. The intersection exhibit is intended to show a general layout. This design is subject to a detailed review upon submission of the site plan. 4. Site access will be subject to all VDOT regulations and standards. Design standards and specifications will be addressed during site plan review. Please feel free to contact me if you have any questions. Sincerely, and Rezoning Comments — Greystone aniite Family Properties Sheet 2 of 2 January 1S, 2021 ' Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: Mark Cheran, Frederick County Zoning and Subdivision Administrator John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner Jeff Lineberry, P.E. — VDOT Transportation and Land Use Director Terry Short, AICP, VDOT District Planning Manager Matt Bond, P.E., VDOT Acting District Traffic Engineer Rezoning Comments • Frederick Water • Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency 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 Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4 Zoning requested: RP & RA Acreage: 119.27 RP Z30.3-7 RA Frederick Water Comments: Please refer to revieNv comment # 3 dated April 7, 2021 from Eric Lawrence. Approved as submitted. a Frederick Water Signature & Date: April 7, 2021 Notice to Frederick Water - Please Return This Form to the Applicant 26 315 Tasker Road Stephens City, Virginia 22655 Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 2 FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.com Eric R. Lawrence Executive Director Rezoning Application Comment #3— Greystone Properties, LLC & White Family Properties Tax Map Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application package, with a draft proffer statement and Impact Analysis Statement, initially dated Octobers 8, 2020. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. This is comment #3, revised based on discussions with the applicants and upon review of the revised proffer statement dated March 25, 2021. The project parcels are located within the sewer and water service area (SWSA). The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. The rezoning application proffer states that the proposed use of the 119.27-acre RP Residential Performance District zoned portion of the property will be limited to 300 single family dwellings. The proffers are silent on the proposed uses of the 238.37-acre RA Rural Areas District zoned portion of the application. The Impact Analysis (IA) projects water and sanitary sewer flows of 90,000 GPD (gallons per day). Through various efforts, discussed in more details below, Frederick Water extended water and sewer to the subject properties in 2008. A 20-inch water main was extended to the subject properties, and recently 12-inch and 8-inch stubs were provided to meet the subject properties' Page 2 Greystone Properties, LLC & White Nely Properties rezoning application Review Comment 43 [van Wyatt April 7, 2021 0 water demands. And a 12-inch sanitary sewer force main was extended to serve the subject properties sanitary sewer demands. The proffers provide for this 12-inch sanitary force main to be extended, continuing the 12-inch size, to the Abrams Creek area where the proposed pump station will be located. The submitted proffers address the operational costs of pretreatment and chemical feed systems necessitated because the new development's reduced scale will generate significantly less sanitary flows than the sanitary sewer force main was designed and constructed to convey. The proffers commit to design the pump station to easily accommodate future expansions as flows warrant. The applicant and its proffers should provide for adequate easements to facilitate gravity sanitary sewer flow from the entire 357+ acre Willow Run project land area and adjacent properties to the proposed sanitary sewer pump station that will be constructed to serve the proposed 300 age -restricted units. Consistent with the original Willow Run concept, utilizing gravity sewer flows minimize the number of sanitary pump stations required to meet sewer flow demands in the future. Aside from the proffered pretreatment and chemical feed system, the rezoning proposal's significant reduction in land use activities (residential and commercial land uses) results in unaddressed financial impacts to the water and sewer system. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and limited capital contribution funding to either the water or wastewater treatment plants, and the distribution and conveyance system. The applicant enhanced the proffered commitments to accommodate future sanitary flows via easements, upsized gravity sewer and forcemain, and readily expandable pump station design, so that the community will benefit from value that will be realized in the future. Abrams Creek West Water and Sewer agreement The land within this rezoning application was previously rezoned in 2005 as the Willow Run development with 1,390 residential units and a 32-acre commercial area. The October 4, 2005 Abrams Creek West Water and Sewer agreement between the Willow Run developers (Greystone Properties and Miller & Smith) and Frederick Water provided for the extension of water and sewer services to the Willow Run development (the extensions mentioned above). The agreement requires that the lines be sized to provide a minimum capacity of 346,000 gallons per day reflective of the projected water and sewer demands of Willow Run. Per the agreement, Frederick Water sized, designed, and constructed the extended water and sewer infrastructure to meet the needs of Willow Run, with a minimum capacity of 346,000 gallons Page 3 Greystone Properties, LLC & Whitcenily Properties rezoning application Review Comment 93 Evan Wyatt April 7, 2021 per day. The new rezoning proposal will generate 90,000 gallons per day of water and sewer demand, utilizing 25% of the sewer infrastructure that Frederick Water funded and constructed to meet the demands of Willow Run. The developer continues to be responsible for the design and construction of the pump station sized to complement the existing force main and its minimum capacity of 346,000 GPD. In exchange for the extension of services to the development site, the Willow Run developers agreed to purchase a minimum number of water and sewer connections to ensure that Frederick Water would recover and repay the bond which was utilized to fund the design and construction of the water and sewer infrastructure extended to the property —the extension of infrastructure to a development is a developer's responsibility. With the new rezoning proposal proffered cap of 300 residential units, there will be a significant shortfall in the financial contributions toward the overall water and sewer system, including distribution, conveyance, and treatment. The original Willow Run project and the water and sewer agreement was premised on initially funding the extension of infrastructure (332 units) and any additional units (1,000+ residential plus commercial development) would provide capital contributions/funds towards treatment plant capacity to meet the projects demands. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and a reduced capital funding contribution to the water or wastewater treatment plants, and the distribution and convey system. Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application. Sincere , c Eric R. Lawrence Executive Director Cc: Candice Perkins, County Planning Department 0 • Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, December 1, 2020 3:35 PM To: Evan Wyatt Cc: Candice Perkins; John Bishop Subject: RE: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning Evan, My apologies again for the delay with this. I have now had the opportunity to review the Proffer Statement, revised October 8, 2020, and have just the three text comments and one staff comment. As to the text comments, you may certainly wish just to address these in the final version you submit with the application, without the need to resubmit anything to me. The text comments are: • At the bottom of page 1, there is an extraneous "53" following the reference to parcel number 53-3-A. In the last sentence each of Proffers 131, 132, and 134, regarding timing of the commitments, I believe that "The proposed improvement identified in the section" would more properly read as "The proposed improvement identified in this section". In the sentences roughly in the middle of Proffers B7 and B8, regarding dedication at no cost, I believe that "are proffered to be dedicated to the County at no cost to the Owners" would more properly read as "are proffered to be dedicated by the Owners to the County at no cost". The comment for staff is that, re Proffer 136, the requirement to build the connection to West Jubal Early Drive occurs only prior to the final occupancy permit for the RP portion of the Property. Given the cost of completion of this improvement, relative to the marginal profit for construction of the last housing unit on the Property, it is substantially likely that the West Jubal Early connection would never come to fruition. 'woI From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 11:11 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE:'[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, Thanks for the update and no worries! I will look for your comments in the near future and hope you have an enjoyable Thanksgiving. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, November 18, 2020 11:09 AM To: Evan Wyatt <ewyatt@Rreenwayeng.com> Subject: RE:'[External]'Greystone Properties & White Family Properties Rezoning Evan, Thanks for checking on this. Oas taken me longer than I had hooto get to this and to work through it and for that I must apologize. I will try my hardest to have something to you before the holiday next week or, failing that, right after the holiday. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 10:28 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, I'm touching base to determine when you believe you will have an opportunity to provide your updated comments for the subject property based on what the revised information that I submitted on 10-16. Please let me know if you have any additional questions regarding this information or if there is anything else needed from me regarding this matter. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone:540.662.4185 Cell: 540.974.2701 Fax: 540.722.9528 Web www.GreenwaVEti Email: ewVatt@44reenwaVeng.com GREE V 1 A p Evan Wyatt From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, February 14, 2020 7:07 PM To: Evan Wyatt Cc: Perry Eisenach Subject: City Planning Comments on Greystone Properties RP & White Family Properties RA Rezoning Eva n, Sorry for the delay in compiling my thought on the proffered rezoning. I really don't have any comments on the larger rezoning of the White property back to RA, but do have some comments/concerns about the rezoning associated with the up to 300-unit age -restricted unit gated community on the Greystone Properties portion proposed for rezoning to RP. Thank you for meeting with me back on January 16, 2020 to help me better understand the request. I have mixed feelings about the advisability of creating upwards of a 300-unit age -restricted community that has only a single point of access to the public street network. While I understand that the anticipated LOS F condition for the weekday PM traffic exiting this private gated community does not mathematically impact the traffic flow on Cedar Creel< Grade through movement, I think it does create a safety issue since the residents will become frustrated enduring excessive wait times trying to access Cedar Creek Grade and may present a hazard associated with risky decisions to pull out into oncoming traffic in an unsafe manner. This will be particularly true for the left -turning traffic which appears to be about 65% of the trip distributions according to Figure 10 in the Traffic Impact Analysis(TIA). Per Figure 12 of the TIA, it appears that the projected Year 2027 traffic conditions will have 1,040 vehicles (731EB+309WB) during the AM peak hour and 1,551 vehicles (585EB+966WB) in the PM peak hour moving past the development entrance on Cedar Creek Grade. That leaves little gap for the drivers (mostly senior citizens I would guess) to make a left turn out onto the road. I think there will be strong homeowner pressure on Frederick Co, VDOT and even the City of Winchester to seek public funding and approval of a traffic signal or other improvement to make it safer and more convenient for them to access the public roadway, especially eastbound. I have mixed feelings about recommending a full street connection to Cidermill Lane in the adjoining Orchard Hill Subdivision situated within the City limits. This public street was approved as part of the latter phase of Orchard Hill townhouse development (the latter phases constructed by Oakcrest) to be a through street connection to whatever would be built in the adjoining County land. Given the unlikelihood of any northern outlet to W. Jubal Early Drive following the surrender of the state funds by Frederick County and the reversion of the former Willow Run (Miller & Smith) development property back to RA by the White Family, I am hesitant to recommend more than just the emergency connection to Cidermill Lane that is called out in the proffers. I believe that the occupants of the 300 County homes would probably select that local neighborhood street over trying to make a left turn down at Cedar Creek Grade if they are wishing to come into the City. That would also negatively impact Harvest Lane which has a heavy volume of traffic between W. Jubal Early Dr and Cedar Creek Grade. We already have citizens petitioning for traffic signals at the north and south termini of Harvest Drive even though prior warrant studies have not justified a traffic signal at either terminus. Regarding multimodal circulation, I would suggest that the rezoning applicant (developer of the Greystone Properties part) consider committing to construction of a paved trail connection to the Green Circle Trail (GCT) within the area proffered for future W. Jubal Early Drive ROW dedication. The bike/walking connection at Cidermill Lane does not provide a very direct connection to the existing GCT as would a trail at the northern end of the site. Cidermill Lane actually angles southward away from the GCT before connecting with Harvest Drive where bikers would need to share the busy road with motorized vehicles. Lastly, I feel that there needs to be more ateion paid to the worsening condition on (Or Creel< Grade at the eastbound approach to the Rte 37 NB on -ramp. Because of the limited pavement with on Cedar Creel< Grade at the underpass, a backup condition is caused by only one or two vehicles waiting to make a left -turn eastbound along Cedar Creel< Grade on to the Rte 37 northbound ramp. This delays the through movement on Cedar Creek Grade. While some of the impacted traffic is originating in western Frederick County, a growing amount is traffic that has just exited Rte 37 southbound after making a left -turn at the Rte 37 southbound traffic signal on Cedar Creel< Grade. This traffic volume will increase due to the residents of this new development trying to return to their homes from points north of the development. I think some proportional contribution to mitigating that worsening condition should be considered. I do want share with you, that I did briefly discuss this proposal with City Public Services Director Perry Eisenach. He does want to take a closer- look at the TIA and may have additional City comments or questions. Let me know if you want to discuss any of this further before I share my concerns with Frederick County planning and formalize my comments on the signed rezoning comment form. Thanks, Tim Timothy A. Yournans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email: timothy.youmans0winchesterva.gov Winch pster-�, \\1\'\\'.1\'1nChCStC'I1'il.�TO\'4)f8�/I111111�.,' *** VIRGINIA FREEDOM OF INFORMATION NOTICE *** NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. n LJ 9 RESOLUTION Action: PLANNING COMMISSION: September 5, 2012 - Recommended Approval BOARD OF SUPERVISORS: November 14, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 406-12 PROFFER REVISION OF WILLOW RUN WHEREAS, Rezoning #06-12 Proffer Revision of Willow Run, submitted by Greenway Engineering, to revise the proffers associated with Rezoning 421-06 relating to the "Transportation Enhancements" and "Commercial Land Use" sections of the proffers, was considered. The proffer revision, originally dated September 1, 2005, with final revision dated October 4, 2012, is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), and south and west of the City of Winchester corporate lnnits, in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. WHEREAS, the Planning Commission considered this rezoning on September 5, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors considered this rezoning on September 26, 2012, tabled the matter and considered the revised application on November 14, 2012; 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 421-06 relating to the "Transportation Enhancements" and "Commercial Land Use" sections of the proffers. The proffer revision is intended to modify dates as follows: Proffer B2 allows additional time for the County to determine whether- to take advantage of land dedication for an aquatic center; and, Proffer D5 allows up to seven additional years for the applicant to construct an interchange between Jubal Early Drive and Route 37, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. 1132-12 0 • Tlvs ordinance shall be in effect on the date of adoption. Passed this loth day of Niovember, 2012 by the following recorded vote: Richard C. Shickle, Chainnan Ross P. Spicer Gene E. Fisher Christopher E. Collins Aye Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye A COPY ATTEST VIRGUgk, rRF_DERICKC0Ur1TY.SCT. This instrument of writing was produced to Inc �j Oil �] at 3 7 f' %`� anc1 with certificatc acknowledgement thereto annexed was aelnflited to record. 'Fax imposed by Sec. 58.1-802 of and 58.1-801 have, been paid; if assessable. s Clary Avc Aye Aye W CD —J PDRes. 432-12 0 • Gre.cnwriy Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 19, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ # c (" z- Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to Residential Planned Community (R4) District with Revised Proffers (357.68± acres) PROPERTY: 357.68±-acres (here -in after the `PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91-; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove. V LC; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008; January 14, 2009; June 15, 2012; October 4, 2012 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional Zoning, Qie, undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 06 -1 for the rezoning of 357.68± acres from the Residential Planned Community (R4) District with Approved Proffers dated January 14, 2009 to the Residential Planned Community (R4) District with Revised Proffers, 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 File 113800WG/2012 Conditional Zoning Amendment/EAW CD Greenway Engineering September I, 2005; Revised November 4, 2005 2 C J Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 J Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revisal June 15, 2012; Revised October 4, 2012 conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove. V LC, 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove.V LC and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a inaximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum File 43800WG/2012 Conditional Zoning Amendment/LAW CD Greenway Engineering September 1, 2005; Revised November 4, 2005 3 W Revised November 30, 2005; Revised May 18, 2006 co June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12. 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: Willow Run Residential Unit Matrix: Category Minimum MaxiImum Housing Types Permitted % of Units % of Units Single -Family 20% 3517o RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. File #t3800WG/2012 Conditional Zoning AmendmenYEAW i • CD Greenway Bnginecring September 1, 2005; Revised November 4, 2005 4 Co Revised November 30, 2005; Revised May 18, 2006 _— Revised June 27, 2006; Revised September 26, 2006 LD Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2009; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood conunercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10010 total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to provide a maximum of five acres of land to Frederick County within the southwest quadrant of the commercial center located at the intersection of Jubal Early Drive and Sandy Ridge Boulevard to allow for the development of an aquatic File #3800WG/2012 Conditional Zoning Amendment/13AW Greemvay Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 center by others. This land area shall be available to the County for a period of five years from the date of the final non -appealable 2012 conditional zoning amendment approval and shall be limited to the development of an aquatic center by others. The Applicants shall prepare and provide the County with the deed for this land area and for a temporary ingress/egress if the County chooses to develop this land area in advance of the construction of the approved road system. The Applicant shall provide tie deed to the County, provided that the County has approved a Site Plan for the new aquatic center within the time period stipulated above. The land associated with this aquatic center proffer shall promptly be conveyed back to the Applicants by the County if the County has not awarded a construction contract for a new aquatic center on the site within two years following tie recording of a deed to this land area. If the County accepts the land and develops the site, the Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at the date of the deed; however, the aquatic center shall not count towards tie commercial floor space that is guaranteed in Sections B(5) and B(6). If the County does not exercise its option for the land for the aquatic center within the time specified in this section, the proffer shall become null and void as a final matter, and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, tie Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard O W CJl O File 113800WG/2012 Conditional Zoning Amendment/LAW 0 u CJl Grccnway Engineering September 1, 2005; Revised November 4, 2005 6 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600t1' dwelling unit., exclusive of building pernuts for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600th building permit, but no later than the issuance of the 1,0001h building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and 1\41, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plant 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 File 413800WG/2012 Conditional Zoning AmendmenVEAW i Greemvay Engineering September 1. 2005; Revised November 4, 2005 7 O Revised November 30, 2005; Revised May 18, 2006 W Revised June 27, 2006; Revised September 26, 2006 CUl Revised October 24, 2006; Revised November 18, 2006 (� Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 using the existing bridge, Juba] Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200"' building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Juba] Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be desined and constructed to base pavement prior to issuance of the 300` residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base File Jt3800WG/2012 Conditional Zoning Amendment/GAW • Grecnway Enginccring September 1, 2005: Revised Novcmbcr 4, 2005 8 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 20M Revised November 19, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 20M Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 pavement prior to issuance of 450t1i residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600t1' residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 6001h building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Juba] Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600°i residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. File 4i3800WG/2012 Conditional Zoning Amendment/EAW CD Greenway Engineering September 1, 2005; Revised November 4, 2005 9 W Revised November 30, 2005; Revised May 18, 2006 CP Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 20)2; Revised October 4, 2012 8. The Applicants hereby proffer to execute a signalization agreement with VDOT or the City of Winchester to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be. installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek GradeBirclimont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 2001b residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. N . The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of (hese traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12, The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be. installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 2001h residential building permit, exclusive of model homes. File 413800WG/2012 Conditional Zoning Amendment/EAW • 0 Greenway Engineering September 1, 2005; Revised November 4, 2005 10 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 14. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 15, Where priva(e alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley Systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-fool casement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along (lie entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Nfonetary Contlributiolis 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal lmpact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of ibis Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in die amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to 0 W UI Un File 113800WG/2012 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 11 O Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 C r Revised October 24, 2006; Revised November 18, 2006 �l Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised .tune 15, 2012; Revised October 4, 2012 Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for die first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to die City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Juba-1 Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at die time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan, which was approved on February 28, 2007. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File 713800WG/2012 Conditional Zoning Amendment/EAW O Greenway Engineering September I, 2005; Revised November 4, 2005 12 W Rcvisccl November 30, 2005: Revisal May 18, 2006 C_n Revisal June. 27, 2006; Revised September 26, 2006 �J Revisal October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Rcvised January 14, 2009 Revised June 15, 20)2; Revisal October 4, 2012 F.) Comnlunity Recreation The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 4001h building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600`I' building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600`h residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 60th age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Juba] Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining File 43800WG/2012 Conditional Zoning Amendmeni/EAW r� L • Grcenway Engineering September 1, 2005; Revised November 4, 2005 13 O Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 W Revised October 24, 2006; Revised November 19, 2006 Ln Revised December 11, 2006; Revised January 4, 2007 C 0 Revised February 12, 2007; Revisal October 14, 2008 Revisal November 17, MR Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 sections of Juba] Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: File#13800WG/2012 Conditional Zoning AmendmentlEAW 9 • Greenway Engineering September 1, 2005; Rcviscd November 4, 2005 14 O Revisal November 30, 2005; Revised May 19, 2006 CID Revised June 27, 2006; Revised September 26, 2006 Un Revised October 24, 2006; Revised November 19, 2006 lIJ Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 20)2; Revised October 4, 2012 a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities, b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(l) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into lie Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. I.) Environmental The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be. incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. File 113800WG/2012 Conditional Zoning AmendmenVEAW 0 • Greenway Engineering September I, 2005: Revised November 4, 2005 15 O Revised November 30, 2005; Revised May 18, 2006 (� Revised June 27, 2006: Revised September 26. 2006 0l Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006: Revised January 4, 2007 O Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008: Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RYA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development. shall not occur within the DSA. The only disturbance that will.be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements Of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this Nvetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices ("BIWP") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File J13800WG/2012 conditional Zoning Amendment/LAW CD Greenway Engineering September 1, 2005: Revised November 4, 2005 16 W Revised November 30, 2005: Revised May 19. 2006 0-1 Re%rised June 27, 2006: Revised September 26, 2006 --- Rc%iscd October 24. 2006: Revised November 18. 2006 Revised December IL 2006: Revised January 4. 2007 Revised February 12. 2007: Revised October H. 2008 November 17. 2008: Revised January 14. 2009: June 15. 2012 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: / Z-2 Willow Grove.V LC Date Commonwealth of Virginia, City/Ga>� of U//H�a' If 5 i '1—:' 1z' To Wit: The foregoing instrument was acknowledged before me this o2 PN day of 20 by /.4, a1. coNq John T. Conrad ,po�ONWF9fPvo Commonwealth off NOTARY PUBLIC Virginia r'Reg. # 7163184 20T�RGtN�}� My Commission Expires qRy PSeptember 30, 2016 otary Public My Commission Expires File N39(10WG/2012 Conditional Zoning AmendmenUEAW i • Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 19, 2006 Revised D: ccmb-^r 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2005; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J.) Signatures r 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of die Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Colnmonivealth of Virginia, Cci�/ounty of U/EMa. H r To Wit: 16-A 1 , Date The foregoing instrument was acknowledged before me this a day of t�5'0 rQ 6EK 20 /�. by �, �21 D G �: y u/fil i �1. CON John T. Conrad ON �o NOTARY PUBLIC 0 �= Commonwealth of Virginia OF Reg. #7163181 yo��RG11A MY Commission Expires P4Ry pV�4 September 30, 2016 My Commission Expires Notary Public CD W CJ1 iv File 93900WE'r12012 Conditiona4 7,xiEng Amezndment/EAW • • Grecmvay Engineering September 1, 2005; Revised November 4, 2005 18 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 19, 2006 Revised December 1 1, 2006; Revised January 4, 2007 Revisal February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised JanuarJ, 14, 2009 Revised June 15, 2012; Revised October 4, 2012 ,I.) Signatures The conditions proffered above shall be binding upon the assigns and successors in die interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in die Ordinance. By: LLC Date Commonwealth of Virginia, City/g'&4� of /l�Gh S %E /'lti To 1ATit: The foregoing instrument was acknowledged before me this PN v day of en:, % 6 6E "� 20 / oZ by s% E(�/,�E 2) 1y#1.%-E— N'v• coy John T. Conrad ��t^ON Rvo NOTARY PUBLIC 0 or = Commonwealth of Virginia Rec; 97163184 �O4fRGlN�` My Commission Expires AgRY Pv�'� September 30, 2016 My Colninission Expires �-Zv-eL'l Notary Public CD W C,J File 4380O G/2012 Conditional Zoning AmendmenUEAW • 0 Greenway Engintering September 1, 2005; Revised November 4, 2005 19 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 Revised November 17, 2008; Revised January 14, 2009 Revised June 15, 2012; Revised October 4, 2012 J. j Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: �r� C,:% ,,� / /0A11L Miller and Smith atr�Villow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of ffjI I< To Wit: The foregoing instrument was acknowledged before me this 1Srr'day of V Notary Public My Commission Expires ..�� IENNIFER M. M014TG0h1E? �} NOTARY PUBLIC }I REGISTRATION # 701 1 W !. COMMONWEALTH OF VI RG!fJ!A MY COMMISSION EXPIRE- AU9UST 31 2014 File #3800WG/2012 Conditional Zoning AmendmenVEAW Greenway Engineering September 1, 2005: Revised November 4, 2005 y 20 Revised November 30, 2005: Revised May 18, 2006 Revised June 27, 2006: Revised September 26, 2006 CD October 24, 2006; Revised November 18, 2006 Revised December 11, 2006: Revised January 4, 2007 W Revised February 12, 2007; Revised October 14, 2008 Q 1 Revised November 17, 2008; Revised January 14, 2009 U-1 Revised June 15, 2012: Revised October 4, 2012 1) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Greystone Properties LLC Date Commonwealth of Virgi>ua, City/COLiITT—YOf -�,C)44 To 'Wit: The foregoing instrument was acknowledged before me thisill-day of. eO&�V-e-� 20 i a by Notai Public My Commission Expires /t4,-tL-. �30 I CINDY GROVE NOTARY PUBLIC Qommonwealth of VjrQinia j Reg. ##184054 File #3800WG/2012 Conditional Zoning Anlendnient/EAW GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA DEVELOPMENT CONDITIONAL REZONING APPLICATION ;.. Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B9 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 To be conjpleted by Planning Staff: Zoning Amendment Number _ Date Received Fee Amount Paid $ Anticipated PC Hearing Date Aik Anticipated DOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Spri Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Estates, LLC Email: willis@white properties.net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firrn: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Ernail: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 0 u d. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Number(s): b 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: f. RP District 119.27 +/- Acres; RA District 238.37 +/- Acres Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III 740, LLC: C. Ridgely White, Jr. 750, LLC: Stephen D. White Willow Grove V. LC & Willow Springs Estate, LLC: M. Willis White Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 121 Location Map M Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement Proffer Statement (if any) 0 Agency Comments ❑� Fee Copies of Deed(s) to Property(ies) IZI Tax Payment Verification 0 Digital copies (pdf's) of all submitted items Page 14 0 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Lti�4ti1��� Date 5 l If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date 4 tic If signing on behalf of an entity, please state name of entity and your title: .nc- - (-"x-N 1JA"l IrJ". If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. �— ?, Date Owner: Owner: If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): 'c Date +1 u If signing on behalf of an entity, please state name of entity and your title: VLZL- ")C' 1'j, . If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 u U 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Cominission public hearing and the Board of Supervisors public hearing and maintained so as to be visible fi-om the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: ��� ��� //i% Date a " / If signing on behalf of an entity, please state name of entity and your title: �►�.ew CS�o�yC . � �L i�l ��tr�;r--r� Owner: ,/� �/l ��= Date If signing on behalf of an entity, please state naive of entity and your title: Other Applicant Party (if any): ie Date 4' 17-'01 7 =1 If signing on behalf of an entity, please state name of entity and your title: 01: i-4EP, i�PGES�t r�v� C?P�'CNWL4 �l:-LD-- If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 �Ftp/� O� ti e � O \ ^ "0_J C! :(1 �Y wF_ C = 76 7S 7 1 A 53 A 90 F9p ST � U Z o 11�5 s 76 53 A 92B W J Q00 Co a B3.eo� /65 S ELDON pR ; ' ° N o Q Jy� 6 J C CJ L C^ l� 82 co53A92 O Q % w P >" 2 2 O 3 A 53 A 90 co11 3 O ~� O� O� - 7_ V o n 64 O , W z LJ d ��UJ ►1%Ste� RR LU NPNp�Y AV,,�5 z 9� V O 93 �C" a Z 9Q 53 A 92A 61 6 _ �, 4< z JD y4D ors p Q ca ss � B rr U)s 9 r U LU oll _u 2 �� 5 w H MLLJ S3 ST !� O IY W I 53 3 A ea Sz G <i K ywa- ti6'O " 0 ('53 A 91 so O \ 49 Z i f _ U � iu' �\�.G O, z_ J Z Be 47 Q4, } as W Q O 43 4s 2 �` PEMBERTO 1' ILL �RP �� �~ TArL OR D R p 41 � � 4 Q P q, _ 36 1 37 2 � '�l /33s Y GULLY CT-q� _ AX pP O o � l—J "'WbLPNP�yp W n 27 z6 is 26 2 `` SEA DR0 cc > 21 a• 2 O� \ U) U o o z 1e 2 OR 'Int WAY F- Q F- Q U 6 O HALL OR 2 < to Z in 17 w w O 16 Lend �7- Q > 0 co Alp APPL CT J Parcel Boundary / w Z d w z Co .� t: z U cn Z p Subject Parcels P = 0 o' (D p 10 ,s HILLM v� LU a Q U w AN Adjoiners Pv w 0� CD Y 63A2A Z Z U Ulox LL o' a CEDAR CREEK GR CI)CEDAR C O m 0 o ,. W Feet Q Z � o 12 " Q Q N — 2 a r�\�� �, 700 0 700 w uJ J Map Data Source Frederick County. Va GIS Department, 2019 Data. WILLOW RUN REZONING • • • • ADJOINING PROPERTIES ID Tax Map Number Owner Mailing Address City & State Zip Assessed Acreage Zoning 1 53 A 88 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 297.78 RA 2 52 A 313 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 19.58 RA 3 52 18 5 R & T PACKING CORP, C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3.2 RA 4 52 18 6 SMITH KIM TERRY, SMITH MARY E 133 PARKINS LN WINCHESTER, VA 22602 5 RA 5 52 18 7 CODELLA DOMENICO, CODELLA MARIELA 143 PARKINS LN WINCHESTER, VA 22602 5.28 RA 6 52 18 8 ROUSE JASON, TALMAGE DAVINA 118 PARKINS LN WINCHESTER, VA 22602 5 RA 7 52 20 5 54 BORLIE DEVELOPMENT LLC 5521 TABLER STATION RD INWOOD, WV 25428 47.04 RA 8 52 A 310J R & T PACKING CORP C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22604 5 RA 9 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER, VA 22601 183.01 RA 10 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602 60.88 RA 11 63 A 2K C & W PROPERTIES PO BOX 221 MILLWOOD, VA 22646 3.56 RA 12 63 9 2 24A VILLAGE AT HARVEST RIDGE, HOMEOWNERS ASSOCIATION INC 108 HARVEST RIDGE DR WINCHESTER, VA 22601 2.53 RP 13 63 A 2H MEDEIROS COZETTE AGUIRRE JUAN 949 CEDAR CREEK GRADE WINCHESTER, VA 22602 1 RA 14 269-05-A- 1- KOK NURMAN, KOK SERPIL 2307 STONERIDGE RD, WINCHESTER, VA 22601 0.458 LR 15 249-01- - 2- LONG TERM CARE PROPERTIES LLC PO BOX 1394, WINCHESTER, VA 22604 7.7076 B2 16 249-01- - 3- SUMMERFIELD LLC 1573 COMMERCE ST, WINCHESTER, VA 22601 5.5 HR 17 249-01- - 4- BARTON BONNIE G 2125 STONELEIGH DR, WINCHESTER, VA 22601 0.505 HR 18 249-03- - 46A- BYRD SHARON M GLASS PO BOX 206, BERRYVILLE, VA 22611 0.1057 HR 19 249-03- - 466- SPANGLER JOHN B 2119 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1 HR 20 249-03- - 47A- DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI, 503 HANDLEY AVE WINCHESTER, VA 22601 0.1006 HR 21 249-03- - 4713- CRANSTON ANN CASEY 2111 STONELEIGH DR, WINCHESTER, VA 22601 0.101 HR 22 249-03- - 48A- CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER, VA 22601 0.101 HR 23 249-03- - 48B- DOLL JEFFERY L TRUSTEE, DOLL NANCY E TRUSTEE 447 WOODFIELD LANE, WINCHESTER, VA 22602 0.101 HR 24 249-03- - 49A- SHARPLES THOMAS 2099 STONELEIGH DR, WINCHESTER, VA 22601 0.101 HR 25 249-03- - 4913- DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI, 503 HANDLEY AVE WINCHESTER, VA 22601 0.101 HR 26 249-07- - 189- BROOKS RHONDA 2091 STONELEIGH DR, WINCHESTER, VA 22601 0.1096 HR 27 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGH DR, WINCHESTER, VA 22601 0.1096 HR 28 249-07- - 191- RYALL JONATHAN DAVID, RYALL STEPHANIE 700 ROCKLAND DRIVE, WINCHESTER, VA 22601 0.1096 HR 29 249-07- - 192- BASNILLO MARCO A V 2079 STONELEIGH DR, WINCHESTER, VA 22601 0.1104 HR 30 249-07- - 193- HALL CHRISTOPHER E, HALL KAREN E 2822 TUCKERS LN, LINDEN, VA 22642 0.1138 HR 31 249-07- - 194- HALL RONALD, HALL RENEE 2071 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 32 249-07- - 195- SUMNER KRIS 906 WAYNE DR, WINCHESTER, VA 22601 0.1094 HR 33 249-07- - 196- BAKER KIMBERLY, BAJER LARRY JR 2063 STONELEIGH DR WINCHESTER, VA 22601 0.1094 HR 34 249-07- - 197- TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER, VA 22601 0.1094 HR 35 249-07- 198- GERDAU BRYAN, GERDAU JENNIFER 2055 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 36 249-07- 199- JAI LAXMI MAA LLC 723 KENNEDY DR, WINCHESTER, VA 22601 0.1094 HR 37 249-07- 200- WILSON MARGARET BRIDGET 2047 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 38 249-07- 201- JOUKAR JAFAR, JOUKAR NASRIN 2043 STONELEIGH DRIVE WINCHESTER, VA 22601 0.1094 HR 39 249-07- 202- CARDERO OLIVIA, MORRISON LEON 2039 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 40 229-03- 203- SMITH STEPHANIE 2035 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1094 HR 41 229-03- 204- MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1094 HR 42 229-03- 205- PRUSCH ELIZABETH S 141 LINCOLN HIGHLANDS DR, CORAOPOLIS, PA 15108 0.1261 HR 43 229-03- 206- CAW PROPERTIES LLC 21 S LOUDOUN ST, WINCHESTER, VA 22601 0.138 HR 44 229-03- 207- MITCHELL RALPH C, MITCHELL SHIRLEY A 155 HARVEST RIDGE DR, WINCHESTER, VA 226011 0.1649 HR 45 229-03- 208- FREEDMAN GARY S 2015 STONELEIGH DR, WINCHESTER, VA 22601 0.2338 HR 46 1229-03-7- 224 CARTER WILLIAM 0 JR, CARTER VICKI R 5711 CEDAR TREE LN NAPLES, FL 341161 0.0871 HR Source: Frederick County, VA and City of Winchester GIS, 2021 Data WILLOW RUN REZONING • • • •ADJOINING PROPERTIES 47 229-03-7- 225- WATKINS EARL H, WATKINS LOIS S 7216 CHERRY LEAF WAY MECHANICSVILLE, VA 23111 0.1309 HR 48 229-03-7- 227- ADAMS NANCY C TRUSTEE PO BOX 56, WINCHESTER, VA 22604 0.192 HR 49 229-01-A- 21- BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.534 PUHR 50 229-01-A- 20- KLUGE THOMAS, KLUGE SHARON 1917 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.454 PUHR 51 229-01-A- 19- FASANO JEROME FASANO CHRISTINE, FASANO HEATHER 1913 CLAYTON RIDGE RD, WINCHESTER, VA 22601 0.475 PUHR 52 229-01-A- 18- BARNES REX, BARNES CONNIE 1909 CLAYTON RIDGE DR WINCHESTER, VA 22601 0.395 PUHR 53 229-01-A- 17- HAINES ANDREW, HAINES KATHLEEN 1905 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.394 PUHR 54 229-01-A- 16- MILLER STEPHEN, MILLER SARAH 1901 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.476 PUHR 55 229-01-A- 15- MARTIN DANIEL G, MARTIN LISA M 1000 STERLING DR, WINCHESTER, VA 22601 0.454 PUHR 56 229-01-A- 14- BOSTICK DANIEL, BOSTICK DANIELLE 1893 CLAYTON RIDGE DR WINCHESTER, VA 22601 0.416 PUHR 57 229-01-A- 13- SHAFRAN STEVEN P, SHAFRAN CAROL A 1889 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.426 PUHR 58 229-01-A- 12- JUSTICE KAREN E, JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.436 PUHR 59 229-01-A- 11- PATEL DIXABEN, PATEL RAHUL 1881 CLAYTON RIDGE RD, WINCHESTER, VA 22601 0.453 PUHR 60 229-01-A- 10- DINAPOLI CHRISTOPHER R, DINAPOLI IZABELA 1877 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.474 PUHR 61 229-01-A- 9- HAECKER PAUL B, HAECKER ANGELA R 1869 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.882 PUHR 62 230-06-A- 8- HAECKER PAUL B, HAECKER ANGELA R 1869 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.905 PUHR 63 230-06-A- 8- A CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 3.6892 PUHR 64 209-01- - 1- CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 10.6904 PULR 65 188-06- - 61 CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 4.5807 LR 66 188-04- - 1- SFEIR RAMSEY 730 MERRIMAN LANE, WINCHESTER, VA 22601 3.61 LR 67 188-04- - 2- 750 LLC C/O STEPHEN D WHITE, 750 MERRIMANS LN WINCHESTER, VA 22601 0.867 LR 68 53 A 89 EMMONS ELMER L, EMMONS BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 1.37 RP 69 53G 1 1 lA MERRIMANS CHASE HOMEOWNERS ASSOC, INC PO BOX 3274 WINCHESTER, VA 22604 0.7 RP 70 53G 1 1 1 GRABER KELLY ANN 770 MERRIMANS LN WINCHESTER, VA 22602 0.31 RP 71 53G 1 1 2 GOLIGHTLY ROBERT, GOLIGHTLY MARIAN M 100 OKEEFE DR WINCHESTER, VA 22602 0.32 RP 72 53G 1 1 3 HENNEBERRY MICHAEL S, ZURITA AMALIA R 101 OKEEFE DR WINCHESTER, VA 22602 0.28 RP 73 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 74 53G 1 1 5 SICARI DOMINIC 812 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 75 53G 1 1 6 SWOGGER JAMES F, SWOGGER JERI L 820 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 76 53G 1 1 7 SALINASJUAN R 828 MERRIMANS LN WINCHESTER, VA 22602 0.31 RP 77 53G 1 1 8 KUMAR MANOJ, KUMAR AARTI 100 HOMER DR WINCHESTER, VA 22602 0.31 RP 78 53G 14 44 PARTLOW TODD, PARTLOW KATHRYN 101 HOMER DR WINCHESTER, VA 22602 0.41 RP 79 53G 14 45 STANEART BRYAN KENT, STANEART LINDA CHUN 866 MERRIMANS LN WINCHESTER, VA 22602 0.33 RP 80 53G 14 46 EDWARDS REBECCA, EDWARDS THOMAS JR 872 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 81 53G 14 47 WIMSATT WILLIAM LEE, BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 82 53G 14 48 LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 83 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC, INC PO BOX 3274 WINCHESTER, VA 22604 2.46 RP 84 53 A 94 WILLIAMSON DAVID B 2979 VALLEY AVE WINCHESTER, VA 22601 2.3 R4 85 53 A 95 GORDON JAMES C JR 324 ORCHARD LN WINCHESTER, VA 22602 1.4 RA 86 53 3 Al IGORDON JAMES C JR 1324 ORCHARD LN WINCHESTER, VA 22602 6.81 RA Source: Frederick County, VA and City of Winchester GIS, 2021 Data • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.0 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attomcy from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owncr/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: RVin , Rezoning Subdivision Conditional Use Permit Site Plan 8 Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re 6i d or mod' it. Signature Title (if s'�' � mg onh�l b f an e tity) ��VY�cR Yli'G� St e of V I rQt n i Q , County`/Cityof Ll f1(',i1&Sk , To wit: 0 I L , a Notary Public in and for the jurisdiction aforesaid, certify that t ie person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _� day of , 2011. a ,cGC oit�� My Commission Expires: 1;& 1aaay ota �'rl�.K�s� 61nrr:111 1-11 s�r�aartasna�cc� Registration Number: % Df -` /� u Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 87 Winchester, VA 22604 (540) 664-1538 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓Q Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise reescindd or modifyit. z Signature 6i�(,tl�/,�`1 Title (if signing on behalf of an entity) % I State of '' 1 !'C� l I't-L�� , County/Cityof �� ' /nCd��s''c/ , To wit: I, Azx-'� ��`� ( 4"' � � , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same bef • r� me in the jurisdiction aforesaid this _�y r` day of f - t-,/ , 20��./ L/ / �- '� My Conunission Expires: Notary Public Roberta Deane Hardy ;l Registration Number: Notary.Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires E • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 750 Merrimans Lane Winchester, VA 22601 (540) 533-4836 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or pareel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-926 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followfor the above identified property: Q in , Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing behalf of an entity) ZM G/;R State of ' l {��;i 12.t _4_ , County/City of To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same befthe jurisdiction aforesaid this 90 '— day of P , 20-z /. My Commission Expires: osc, >zi Notary Public Roberta Deane Har y Registration Number:., Notary -Public Commonwealth of Virginia Reg. # 7271490 3�1 Nly Comrnist3lon Expires `� CO- Special Limited Power of Attorney 04 County of Frederick, Virginia ;t Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓Q Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing -on behalf of an entity) =7 x-/ 6 i? State of V I I rU , County/City of tkJt nd-L --s4-^✓ , To wit: I,=/�z ✓2e�� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be'"rre me in the jurisdiction %aforesaid this 3'G� day of ,� ( , 20 L�� My Commission Expires: 62_/)� �d '�`{ �?-,)2I Notary Public Roberta Dea (a ar y Registration, Number: '7�7 tY�u Notary -Public Commonwealth of Virginia Reg. # 7271490 My Cornmission Expires `7'x7 ! `{`tC) 0 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Sprinqs Estate, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓Q Rezoning [ Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) F1 Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signaturei�- Title (if sig6ing on behalf of an entity) 1;7 j State of /-►w C.- , County/City of V " I r-)O'lesf-er , To wit: I, 7 6/9�+r ��t '�J Ie— K"` ��`j , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same b re me in the jurisdiction aforesaid this 3c� day of / , 20 z/ My Cormmission Expires: a,,- � � 2112-1 Notary Public Roberta Deane Hardy i Registration Number: 7�--7 /Lk9 d Notary.Public Commonwealth of Virginia Reg. 0 7271490 My Commission Expires -7 D-2 (-y 0 EJ GREYSTONE PROPERTIES LLC 1415 PH: 540-662-7215 13 S LOUDOUN ST WINCHESTER. VA 22601 DATE May 3, 2021 PAY TO OR THE ORTreasurer of Frederick County DER OF_______ _ reerou_ Y $ 35,382.00 ,Thirty five thousand three hundred eighty two dollars and 00/100 DOLLARS 1 BANK tl( CL�RKE COUNTY 202 NORTH LOUDOUN ST., WINCHESTER, VA 22801 FUR IN II'00 1I , 1 5a' 1:0 5 LGO 2 5 LBl: L 5 2 999u' • C� COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 — -' C. "If LLIAM ORNDOPP. JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 91 Account#: 8014327 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid GREYSTONE RE2020 15003 1 PROPERTIES 4/13/2020 112.44ACRES $5,144.13 LLC GREYSTONE RE2020 15003 fROPERTIES�4/13/2020 112.44 ACRES $5,144.13 LC Total Paid: $10,288.26 This alllount represents haymcnts applied clurino calendar year 2020 and dolts not include Penalty. Interest or Credit Card Fees. Close this Window Print This Page COUNTY OF FREDERICK •f 3s 11.0. BOX 225 ,,this. tll�� WINCI HESTER, VA 22604-0225 — C. WILLIAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 63 A 2A Account#: 8019974 Dept# Ticket# Segt/ Owner Name Bill Date Description Tax Paid GREYSTONE RE2020 15004 1 PROPERTIES 4/13/2020 7.08 ACRES $738.10 LLC GREYSTONE RE2020 15004 2 PROPERTIES 4/13/2020 7.08 ACRES $738.10 LLC Total Paid: $1,476.20 1 Ills alllount represelltS payments appllcd durim, calendar year 2020 and does not InCIUdC PCIIZIItN. Interest or Credit Card l-ces. Close this I Print This Page COUNTY OF FREDERICK P.O. 13OX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOIT. JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 90 Account#: 8014326 Dept# Ticket# Seq# O��ner Name Bill Date Description Tax Paid RE2020 454201 1 740 LLC 4/13/2020 22.35 ACRES $2,713.59 RE2020 454201 2 740 LLC 4/13/2020 22.35 ACRES $2,713.58 Total Paid: $S,427.17 This amount represents payments applied during calendar year 2020 and does not include Penalty. Interest or 0-cdit Card 1=ces. t This Page Close this Window Prin M 9 COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 92B Account##: 8014328 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid RE2019 45202 2 750 LLC 4/18/2019 11.00 ARCES $2,310.98 RE2020 45421 1 750 LLC 4/13/2020 11.00 ARCES $2,310.99 RE2020 45421 2 750 LLC 4/13/2020 11.00 ARCES $2,310.98 Total Paid: $6,932.95 )'his arnount represents paymentsapplied during Calendar year 2020 and does not include Penally. Interest or Credit Card Dees. Close this Window Print This Page 0 0 9 COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 - C. WILLIAM ORNDOIT, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 92 Account#: 8037183 Depl# Ticket# Seq# Owner Name Bill pate Description Tax Paid WILLOW RE2020 43929 1 GROVE V 4/13/2020 16.54 ACRES $2,240.53 LC WILLOW RE2020 43929 2 GROVE V 4/13/2020 16.54 ACRES $2,240.53 LC "Dotal Paid: $4,481.06 This amount represents payments applied during calendar year 2020 and does not include Penalty. Interest or Credit Card Fees. Close this Window Print This Page • 9 COUNTY OF FREDERICK �IS LEi�i�E•1 � 9 P.O. BOX 225 !� �r W INCI (ESTER, VA 22604-0225 C. WILLIAM ORNDOPP, JR Real ]'Estate Taxes Paid for Tax Year 2020 Map Number: 53 3 A Account#: 8014334 Dept# Ticket# Seq# Owner Name Bill Dale Description Tax Paid WILLOW RE2020 43930 1 GROVE V 4/13/2020 37.64 ACRES $2,296.04 LC WILLOW RE2020 43930 2 GROVE V 4/13/2020 37.64 ACRES $2,296.04 LC Total Paid: $4,592.08 This amount represents payments applied durim,, Calendar Year 2020 and does not include Penalty. Interest or Credit Card Fees. Close this Window Print This Page u 0 COUNTY OF FREDERICK t; t9 P.O. I30X 225 WINCHESTER, VA 22604-0225 — C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 92A Accoun #: 8027641 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid WILLOW RE2020 43932 1 SPRINGS 4/13/2020 147.07 ACRES $4,798.26 ESTATE LLC WILLOW RE2020 43932 2 SPRINGSESTATE4/13/2020 147.07 ACRES $4,798.26 LLC Total Paid: $9,596.52 This amount represents payments applied durum, calendar year 2020 and does not include Penalty. Interest or Credit Card Pees. Close this Window Print This Page COUNTY of FREDILRICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 May 3, 2021 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 IZE: Proposed Rezoning for Greystone Properties R1' & White Family Properties RA Rezoning Property Identification Number (PIN): S3-A-90, S3-A-91, S3-A-92, S3-A-92A, S3-A-92B, S3-3-A, and 63-A-2A Dear Mr. Wyatt: Thant: you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and White Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates the increase from 20 to 25 years of the window to take advantage of the right-of-way proffer for Jubal Early Drive and Merriman's Lane. However, given transportation funding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring finiding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public betxveen Cedar Creek Grade and future Juba] Early Drive. Once again, I would thank you for the opportunity to comment and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. Thank you. Jolui A. Bishop, AJCP Assistant Director -Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd 0 April 29, 2021 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 • COUNTY o I� FREDER ICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification Numbers (PINS): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3- and 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Western Jubal Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. 2. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. 3. Environmental Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University, this application would remove the access ability from the area proposed to be zoned RA. A large area of environmental features • Page 2 Mr. Evan Wyatt RE: Greystone/White April 29, 2021 (wetland and pond) is located on PIN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 5. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, and the City of Winchester. 6. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd G To he completed by Planning Staff- FCC Amount Paid $.,3 � Zoning Amendment Number (> - , Anticipated PC Hearing Date a- 1 Date Received 5 i'1( 2-1 Anticipated BOS Hearing Date -► I `{ Z1 REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Naine: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Einail: rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Springs Estates, LLC Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Email: willis@white properties.net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. k k Page 12 • 0 (D ilC;iNkL- �, Ili' UaL 1] • 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A b. Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres; RA District 238.37 +/- Acres f. Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Zeal Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III 740, LLC: C. Ridgely White, Jr. 750, LLC: Stephen D. White Willow Grove V. LC & Willow Springs Estate, LLC: M. Willis White Please attach additional page(s) if necessary. Please check that the following items have been included with this application: Location Map Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement Proffer Statement (if any) Agency Comments Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pdf s) of all submitted items 0 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: bl�tll��t'C Date 5 / If signing on behalf of an entity, please state naive of entity and your title: Owner: Date If signing on behalf of an entity, please state naive of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: C�.- Date If signing on behalf of an entity, please state name of entity and your title: -7 4-0 , L,l_C_. V1 Aw r}c"-P— Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): _ Date 4 z. If signing on behalf of an entity, please state name of entity and your title: M-Wri ..ate - I ENG+NaaxjaL�' 1tjkL.. of LA"41> RiA'j4i'Ju'- If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner:— Dated - 1 If signing on behalf of an entity, please state name of entity and your title: o Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 0 • 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: ' !/mot Date 11 / If signing on behalf of an entity, please state name of entity and your title: Owner: 1/1/'✓l �� �/�� Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): LL-1 I • � Date 4 7-�) 7-C` = I If signing on behalf of an entity, please state name of entity and your title: Ou;mcr, If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • • 0 co M EK669ii;0596 THIS DEED, made and dated this _70 ' day of September, 996, by and between C. RIDGELI' WHITE and F.LEANOR S. WHITE, iusband and wife, hereinafter called the Grantors, by M. WILLIS WHITE, their sole acting attorney -in -fact pursuant to appointments of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 864 at page 447 and page 451, and in the Clerk's Office of the City of Winchester, Virginia in Deed Book 277 at page 417 and page 421; and WILLOW GROVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the' Grantors do grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate: All the remainder, except as set forth below, of that certain tract of land in Back Creek District, Frederick County, Virginia, originally containing 207.28 acres which was conveyed to the Grantors herein by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. All the remainder. except as set forth below, of that certain tract of land in Back Creek District, Frederick County, Virginia, originally containing 88.4 acres which was devised to the male Grantor herein by Lucy M. Hack, whose Will is of record in the Clerk's Office of. the Circuit Court of Frederick County in Will Book 73 at page 23. It is the intention of the Grantors herein to hereby convey to the Grantee all of the property of which they are seized and possessed in Frederick County, Virginia, and the City of Winchester, Virginia, with the exception of those certain parcels described in the deed of trust dated August 14, 1996, of record in said county land records in Deed Book 864 at page 455, and in said city land records in Deed Book 277 at page 425. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions • i OK869PGO591 of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: SEAL) �i����1 J�� /��Ji�77ytNcyiryfAcT ( RIDGELY WHITE by M. Willis White, his Attorney -in -Fact ',�F- //c r+ r l o R /S. Z_J lSc�n�7y�r�Yir/r-l<T (SEAL) ELE� ANOR S. WHITE by M. Willis White, her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this �2 G day of September, 1996 by M. WILLIS WHITE, Attorney -in -Fact for RIDGELY WHITE and ELEANOR S. WHITE, on their behalf.tY My commission expires: L 3� J 9 9 i I n;kNyc NOTC VIRGINIA: FREDERICK COUNTY. SCT. Tots Instrument of no waa p oduced to me on lhl day of and wah carUllcale of acknowledgment thereto annexed wee tted to record. Tax knpotad by Sec. 68.1•502 of : and 6E.,_Wl have tie An pstd. M assessable C1erM u u HUP1 11.1-111( it) 1. Ladou 1 liuAiUsi. 1A llill 01 ON87 1 PGO032 THIS DEED, made and dated this ^,e_� day of December, 1996, by and between C. RIDGELY l}HI and ELEANOR S. ff'KITE, husband and wife, by M. WILLIS WHITE, their Attorney -in -Fact, hereinafter called the Grantors, and R'ILLOW GRQVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek District, FT-eedetick County, Virginia, bearing tax map number'�-5-_3_A, 'and being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely White) by will of Lucy M. Hack, which is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 3I, 1973 to Eleanor S. White, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: 6`' 3-/� 9(o 0 0�0.5/ � F1 ItUte.06 OK87 I PGO033 c/. /Te,J F": /y [SEAL] C. RII?GELY WHITE by M. Willis White, his Attorney -in -Fact 5- �J /11 [SEAL] ELEANOR S. WHITE by M. Willis White, her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDGELY WHITE and ELEANOR S. WHITE, on their behalf. My commission expires: 'nc;" 3/, �n JNOTARY P B IC VIRGINIA: FREDERICK COUNTY, SCT. Thle�nalrvment of writlnp was produced to me on the I� — day of ���- , 18�f', at I O' t and whh cartiflrale of acknowledgment lheroln annnxed was admitted to record. Tax Imposed by Scc. 58.1-802 of = n )4 and 58.1-901 have be" paid, If eatetzabie Clerk g6,90 161Sl r 0 • J�,111 U ej �A 8 !� Cq o4ub> x'�'o i.0 o ON BU86PG0L)�5 TIJIS DEED OF CONFIRMATION/CORRECTION, made this )-yLday of August, 1997, by and between CLYDE LEE MARSHALL (the "Grantor"); and PEMBROKE. COVE PROPERTIES. L.L.C. (the "Grantee"); WITNESSETH: This Deed of Cont-irmation/Correction is being filed to more particularly describe the property which was conveyed by the Grantor by deed dated February 17, 1995 and recorded in die Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to the land surrounded by various parcels. Since that time, a survey has been prepared and the property conveyed is now more particularly described as follows (the "Property"): All that certain lot, piece or parcel of )and, will all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge i_and Surveyors, P.L.C. dated August 10, 1995, with such survey being attached hereto an incorporated herein by this reference. Furthermore, this deed shall also serve to correct the "BEING" clause in the deed referred to above which originally conveyed this property to the Grantee. In that prior deed, the BEING clause read as follows: BEING the same real estate conveyed to Francis J. Marshall and Ann M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BEING Qte same real estate conveyed to Francis J. Marshall, Jr. and Clyde Lee Marshall, as tenants in common, by deed from Francis J. Marshall and Ann M. Marshall, dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. Francis J. Marshall, Jr. died, testate, on January 5, 1995. Exemption Provision. This is a deed of conrirmation/correction and which is exempt from recording tax pursuant to Virginia Code Section 58.1-810(1) and 58.1- 810(2). This conveyance is made subject to recorded conditions, restrictions and easements as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: c L'7&,, , �r (SEAL) GWyde Lee Marshall 0 E m 88 UG a � 116 4MONWEALTI1 OF VIRGINIA to -wit: CITV...0'41+Ty OF 7;lle foregolp. instrument was personally acknowledged before me in the Virginia, this day of August, 1997, by Clyde U.'eWarshall. My commission expires: gy colmAISSION DARES 77U!'�� "") Notary Pub] GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L.C. c/o Kenneth F. Marshall, Member 219 Moreland Lane Cfearbrook, Virginia 22624 0 LINE TABLE {Ynrhnsler k Y'csfcrn R a i t r o o J BIN 86PG04471 w.` `- 1 / 1 Ex. U/C Cos Mc O O Wooden Trailer Shed STANCE n, 1 Wooden \Q Qqu 1 Buildings 00.7? a o p LYnodrn�� Born Shed B1.21 " QShed 21.63' p �` Wooden Shed 76 15" 0 it Power Shed' 45.94' 4 Lrns (iypicol) ARel.. D8 270 _ p 755 112.1850 Acres I TM 53 Pc{ 91 r kr steno e4 D,�rf Car. T ale S �%F Posi DD 6�8Ce�s9-roles h J 4P9 If(F Iron Rod Found 4' fRS Iran Rod Set Ex. Utility Palo t�n-7-7626' p Ev, Overheod Po'*er Unc Q— ECoe tine NT 5i N 7Iv (/� Part Guth 58{�riiddge3A9h 1. No lino report turn ished. 2. Easements other than shovm may exist. / DQr G3 pcl 29 3. The In{ormatlon shown on this plot is based upon on actucl field survey made on February 8, 1995. 1F5umdari Su vev of th-- ��Q�-T µ DF- L 1Hlram.�os �. Fv)faur„]fe�l,(la './ iln C. LPSlCI: ��uue�Y::"�nffgnu n�i o CEP.TIF AT ND. . ' DATE: AUGIh T'd, ,/ DSIL' . Scale: I"=A00' loh0 ,ofdlD�sNS M , r ' h AY RSH & ]� EGGEMD, r LINE D,`RCCIION DI 11 51455<8 IY 1 L2 S 1434 0' Y LJ S 143112 lY 14 S D34112 {Y 1 L5 N 10'4409 L L6 5 54.1851- C 8 p j N N/1 Ill\ gmlm w 76 Past 1 \\x Ke -0 F. palshaa '• ry 6! Pd 2A 1 DISK 19 8! MARSH 113264 RO, RY B. EADIE, E!` VIR * • TO :: DEED KEN TH F. MARSHALL, ET UX Air*is*'St St#****'k'k**A•31('k#'***;t St*St It ;F SF 'k 'A•il'is A' SCULLY GLASS 11111 CSCI. AIG f110N .nonNl •s •gun )0SMn It I":III I n n.0 �.I 3l1�1 vIn GINS. 1.T�01 543 .: 245 THIS DEED, made and dated this - day of Iva V4:/Al/3rj`ti , 1981, by and between ROSERARY B. EADIE and JOHN H. EADIE, her husband, hereinafter called the Grantors, and KENNETH F.' 14ARSHALL and MARY L. MARSHALL, his wife, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improve- ments thereon, and appurtenances thereto belonging, all the following realty: All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Grade for a length of approximately 4021, having approximately 7241 on its Eastern boundary, having approximately 2951 on its Northern boundary and having approxi- mately 10051 on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, which is attached hereto and made a part hereof as if set out in full. This is a portion of the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated June 4, 1957, of record in i the Office of the Clerk of the Circuit Court of Frederick County'! Virginia, in Deed Book 247, at Page 159. Carroll E. Campbell j died intestate on October 18, 1958, survived by Rosemary B. .I Campbell as set forth in the list of heirs of record in the said Clerk's Office in Will Book 63, Page 63. Reference is here made to the aforesaid plat and survey, deed, and the references contained therein for a further and more particular description of the property conveyed herein. 1 rrt 543 T4-_ 247 FRANCIS J. MARSHALL. JR. z CLYDE LEE MARSHALL C, Zi D.B. 205 —p WINCH ESTER-FREDERICK CC). HEALTH DEPT. FREDERICK CO. DEPT. OF PLANNING �bjsl IN 0 Q 4_7 0 0 0 0 cv to T%, t 11. Ilk V N. 'V A Av. A � v 0 Lr) AN I. It I( TS , , 0) 0 0 z � tUS .7 VA"FrMR )APCINIA 0 L;Tli 0". It 0 z 0 [.,'inj L 1 cr U Ed 4t 4, AZI Z-1 " x vt U) 7.082 ACRES 1 01, 0 - CAMP 5% C) UJ F 0 W Q.0 CC oce u cx C —CL bo I 0`4- It b OPT aa. I ao.r, 543 248 The Accompanying flat is a Survey of a Portion of the Land conveyed to Carroll E.• Campbell and Rosemary 13. Campbell by Deed dated 40une 1957 in Deed B00% 247 Rage 159. The naid L6nd fronts the Northern boundary Line (Arc Line) of the Cedar Creek Grade - Virginia Route 622, just'. West of the City of Winchester, and lies in Back Creek District, Frederick County, Virginias Beginning at an iron pin in the *:orthern boundary Line (Arc Line) of Route-G22, a corner to the Roadway leading to the t•Iarshall Farm, the said Pin being S 370 31' 00" 4i - 35.99 ft. from morsument no. 92 - City. Limits of the City of Winchester, running with the 14estern Line of the said Roadway, the said Line being parallel to and.20.0 ft. Nest of the City Limits Line, 1d 030 46, 051,'E - 727.00 ft. to an iron pin corner to the `tarshall Land; thence with a Southern Line of the said Land I, 750 361 27" w - 291.40 ft. to a post corner to the Petai.ned portion) thence with the Eastern line of the said Other Land S 130 051 14" W - 1,037 92 ft. to an iron pin at the P.C. in the Northeastern Boundary Line of Route 6221 thence with the said Lind, with the Arc Line TS Or S1C.30 ft. (Chord :: G5o 35' 17" li - 515.60 ft. ()?7� �l to the beginning. P,TContainina - - 7.082 Acres nr[� Y .surveyed - - - :ovembor 2, 1981 r ,yb t /,RGINtA FREDER[CK COUN—, 0 r..rrn This instrument of riling was produced / to me on the ell "SO of i r��4 i_• 19 -L at --1 . ,nd with cerli[icate of aeknowLdgment thereto anne.ca3 w s admitted to record. Tax nn;):,aed il! S;!C- )J..)i. i of o p and 53-54 have been paid, if arse -sable I Clerk •L • V Low OnKes grey n. Honley. P.C. P 00 81i918PG 1 139 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1-811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this it -day of,���-.,�E.z , 1999, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to -wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (2%) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated 7uN6 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 411o6, at page SG 1 Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as U1% 1 �l °G 114 0 lie same may now be in force and effect, but this deed shall not be construed as wending or reimposing said restrictions. WITNESS the following signatures and seals: C. Ridgely White BY: , ' "1 :�� (Seal) M. Willis White, as attorney -in -fact for C. Ridgely White By: �`/&� z/ (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGINIA CITY / COUNTY OF G� , to -wit: The foregoing instrument -,vas acknowledged before me in the jurisdiction aforesaid this 01 day of 1998, by M. Willis White, attomey-in- fact for C. Ridgely White and Eleanor S. White, on their behalf. µUt t Given under my hand this day of 1998 . Cli u f t 905Public My Commission expires: 30 0/ • MRGINtA: FREDFFXX COLINT14 WE Thla Inalt�u n1 o wr1 Q w'sggy ced to the and with certlIJrate of acknowledgment thereto a exeo was qd itt0d to record. Tax Imposed by Sec. WII-DU2 01 s , and 58.1-001 have been paid, II assussable. 4_e ' � �' Clerk 0 • ow Offices FL Hc4ey, RC I BK918PG1141 11 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMPT FROM RECORDATION SECTION 58.1AIOA-8�11 A 0) OFS UNDER F PROVISIONS O THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this // =day of 19_�& by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto the Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to -wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book .43 at page S3 AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,.of record of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. R.idgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. • BK9I8PG1142 This deed is made subject to the conditions, restrictions and casements set forth in deeds of record conveying the land and constituting constructive notice, insofar as the same may now be in force and effect, but this deed shall not be construed as extending or reimposing seld restrictions. WITNESS the following signatures and seats: C. Ridgely White By: _(Seal) M. illis White, as attorney -in -fact for C. Ridgely White Eleanor S. White By: ��� (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGINIA CII'Y/COUNTY OF �� , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid thiss day o 19'I�A2 by M. Willis White, attorney -in -fact for C. Ridgely White and Eleanor S. White, on their behalf. - Given under my hand this day of tnw Orikes _ otary Public •..,�';> ,i��.. ;.!i'`. cV R. Hw$0, P.C. My Commission expires: a� o t VIRGINIA. fREDEF"CCL*" Wt ucad ma on thu aThl etrument of Mel , oa f ...1o7_Q,ai and wlth cerliftoate of acknowtedby Bec. O -002 of Waa mand to record, Tax imposedy , d Sa.t-aut have bean ppidd, U easessablu. CD N CJ 030024683 i THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. i MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby o a ^� acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and 3 N unto s convey NMh Special Warranty, subject to easements, restrictions and reservations of record, i Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, to more or less, both situate in Frederick County, Virginia, together -,vith the nnprovements thereon, M and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: \ Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirrnation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keeler Obensbain PC P.O. Box I.W, Harrisonburg, Virginia 22803 J • • 0 N co ry Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. jei,,��cffiF.Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO COVE PROP S, L.L.C. By: (SEAL) Name: .s Title:' n U STATE OF VIRGINIA�, ' CITY/eebwT OF 111L to -wit: CD fV G� C„ The fore in rn trument was acknowledged before me in the jurisdiction aforesaid this �?�day of .�' 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L,C., on its behalf. My commission expires: .ti (SEAL) w4tN N aryPublic 7 o a oti STATE OF VIRGIMA _ CITY/r•^� ors ::FY- to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ,?�ay of , 2003, by Kenneth F. Marshall. My commission expires; O (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 'A (J NotVPublic V ti V IRGINIA, FREDERICK COUNTY' SC me an Ibis instrument of writing was produced atannexed and with certificate of acian idosed b t t� 58 1 802 of was admitted to record. T mp Y 5 3700,00 , and 58.1-301 haee ve bn paid, if aas'Ub'_ ,Cleric X u Y "+ . ............. n 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F, MARSHALL. Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, more or less, both situate in Frederick County, Virginia, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document war prepared by Keeler Obenshain PC P.O. Box 1287, Harrisonburg, Virginia 22803 • 0 N Co Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature jeo.eth d seal. F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO �E COVE PROP S, L.L.C. By: (SEAL) Name:� .s Title• M.����. — t�,nb�r 0 • 17� 6V CD N CD STATE OF VIRGIMA t' , CI. RUN The fore n in trument was acknowledged before me in the jurisdiction aforesaid this '?day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: 30 OD (SEAL) �Nary Public STATE OF VIRGINIA CITY/C9L4�T-Y OFt��,) , to -wit: ,../ The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ay of , 2003, by Kenneth F. Marshall. My commission expires: (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 NotavVPublic VIp,UITTIA FREDERICK C) SC meon This instrument of writing produced r � Q at L »d with certificate of acknowledgement the annexed was admitted to record. T imposed by Sec- 58.1 802 of S,3 00• 00 , and 58.1-801 have been paid, if assess ,ate p CG • 64O0O8797 Tax Map 53-A-92A This instrument prepared by, Recording requested by, And when recorded return to: Philip Tenley ]ones, Esq. Miller and Smith at Willow Run, L.L.C. c/o 8401 Greensboro Drive Suite 300 McLean Virginia 22102 SPECIAL WARRANTY DEED tk THIS DEED, made this day of May, 2004, by and between ELEMAITCH, INCORPORATED, a Virginia corporation, Grantor; and MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company, Grantee. Yn NESSETH, That in consideration of the sum of FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($400 000.00 , Grantor does grant and convey to the Grantee, its successors and assigns, in fee simple, all that property situate in Frederick County, State of Virginia, described as: SEE ATTACHED EXHIBIT A, attached to this Deed and incorporated herein by this reference (the "Property"). TOGETHER WITH the building thereupon, and all of the ways, easements, rights, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the Property. TO HAVE AND TO HOLD, the Property and appurtenances unto and to the use of Grantee, its successors and assigns in fee simple, forever. t. AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed, sealed and delivered by its authorized representative as of the date first hereinabove written. 0 I= ELEMAITCH, INC. 0 to By. [Seal] A ander Negley White President STATE OF VIRGINIA CITYICOUNTY OF Fe&evt G I` , TO WIT: I HEREBY CERTIFY, that on this 1 hday of May, 2004, before me, the subscriber, a Notary Public of the State of Virginia in and for Fed Crr./%( County personally appeared Alexander Negley White, and represented himself to be the President of Elemaitch, Incorporated, a Virginia corporation and that as such officer being authorized to do so, executed the foregoing Deed for the purposes therein contained, by signing the name of said corporation as such officer. IN TESTIMONY WHEREOF, I hereunto set my hand and official seal. jyly Commission Ex ires: O Notary Public d EXHIBIT A All of that certain lot or parcel of land, lying and being situate in Q3 Shawnee District, Frederick County, Virginia, containing 1.444 acres beginning at an iron rod found at the westerly most corner of the subject parcel at a point north of the center of a 20-foot right of way from Orchard Lane and bounded on the north, south, cast and west by the lands of Willow Grove, LC; thence with the lands of Willow Grove, LC, for the four following courses: N 18' 04' 56" E - 261.39 feet to an iron rod found; thence S 77' 50' 15" E-241.85 feet to an iron rod found; thence S 18° 04' 56" W- 261.39 feet to an iron rod found; thence N 77' 50' 15" W - 241.85 feet to the point of beginning. AND BEING the same property conveyed to Grantor by Deed dated September 20, 1982 and recorded in Deed Book 551, at Page 740, among the aforesaid land records. TAX MAP NO.: 53-A-92A VIRGINIA: FREDERICK COUNTY, SCT. Thitiy64 ument of writing was proditood to me on . at lI /.0RIK) and kiil : • til .rdc of:u.knowltdpernent thereto annexed was .id,wnu; to TCCO'd "r inipm d by Sec. 58.1.802 of 5._�_ . and 58.1-801 have been paid, if assessable 4tw A"� ' Clerk l6-17-2004 IIo67ae From-HARRISON i JOHNSTON I, Z,U!IUU I U?5 Tax \Tap 53-A-92 and Tax Map 53-A-92A This instrument prepared by, Recording requested by, And when recorded return to; Philip Tenley Jones, Esq. Miller and Smith at Willow Run, L.L.C. c/o 8401 Greensboro Drive Suite 300 McLean Virginia 22102 5406671312 T-662 P.002 F-337 O lD DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into this l- '"`day of May, 2004, by and between WILLOW GROVE L.C. ("Willow Grove") a Virginia limited liability company, Grantor; and MILLER AND SIVIIT14 AT WILLOW RUN, L.L.C., ("MS"), a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53-A-92 ("Willow Grove Property'), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records"). B. MS is the owner of 1.444 acres of land known as Tax Map 53-A-92A ("MS Property"), having acquired the land by deed recorded as Instrument Number O� 000?797 , among the Land Records. (Willow Grove and MS, collectively, "Owners', 6 C It is the desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Property and MS Property, conveying to MS approximately 144.398 acres to form a Final MS Property, as defined herein, and more particularly described in Exhibit A, attached hereto and made a pan hereof, all as shown on the plat attached hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOVI' GROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat"). NONV, THEREFORE, WITA'ESSETH: that for and in consideration of the sum of NINE MILLION TWO HUNDRED FIFTY THOUSAND AND NOII00 DOLLARS (S9 250,000.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plat, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in :accordance witli the statutes of Virginia governing, the platting of land, 06-1T-2004 I1;61ae From-HARRISON i JOHNSTON • 540667131Z Final Willow Grove Property Tax Map 53-A-92 T-602 P.003 139.901 ACRES .AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM (Willow L�1� Grove Property) AND 139.901 .ACRES AND 4.497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1,444 ACRES (.\•iS Property) TO CREATE ONE PARCEL OF 16,542 ACRES (Final Willow Grove Property Tax NIap 53-A-92) AND DOES NOT CREATE A NEW BUILDING LOT. Final MS Property Tax Map 53-A-92A 139.901 ACRES AND 4.497 ACRES ARE HEREBY ADDED TO (MS Property) AND 139.901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Property) TO CREATE ONE PARCEL OF 145.S42 ACRES (Final MS Propem• Tax Map 53-A-92A) AND DOES NOT CREATE A NEW BUILDING LOT. Final Tax Map 53-A-92A is now defined as the "Final MS Property" and is more particularly described in Exhibit A, attached hereto and made a part hereof. Final Tax Map 53-A-92 is now defined as the '`Final Willow Grove Property" and is more particularly described in Exhibit B, anached hereto and made a pan hereof. CONVEYANCE THIS DEED FURTHER WITNESSETH, That for and in consideration of the sum of Ten Dollars (S10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged. Willow Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, unto MS and their successors and assigns, in fee simple, all that certain land and premises 60 situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tax Map 53-A-92 as listed above as 139.901 acres and 4.497 acres, that are now a part of Final Tax Map 53-A-92A, all as more particularly described in the Plat ("Willow Grove Conveyance"). TOGETHER WITH the any buildings thereupon, and all of the ways, easements, rights, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, Orin any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD. the property and appurtenances unto and to the use of Grantcc. its successors and assigns in fee simple. forever. AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act. matter or thing whatsoever. to encumber the -2. it 06-1T-2o04 II:6Tom-33T lD jW CA) property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. From-HARRISON i JOHNSTON 11 r� JONHSTOH 64066T1312 VACATIONS T-682 1'.004 THIS DEED FURTHER WITNESSETH That for and in consideration of the premises and the sum of One Dollar (S 1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portions of easements recorded in Deed Book 550, at Page 256 shown as "Existing 20' R/W (Hereby Vacated)" on the Plat. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any pro`7sion. This Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia. WITNESS the following signatures and seals: WILLOW GROVE: Willow Grove, LC, a Virginia limited liability company By: --� 6:1�jM�Mte, Manager State of Virginia , Countyof T►ed�"�l L the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that M. Willis Wltite, whose name is signed to the foregoing document as Manager, on behalf of the Willow Grove. LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. � lj j/' Given tinder my liand and seal this 13 day of May, 300 /C �' { My commission expires: 1 / _ N Public 4 r, a -3- 16-17-2004 11:67om From-HARRISON i JOHNSTON MS: I State of Virginia County of Fairfax 5406671312 T-682 P.005 F-337 o Miller and Smith at Willow Run, L.L.C.. a Virginia limited liability company By: arles F. S' an;,hr, Manager I, the undersigned NotaryPublic, in and for the State and County aforesaid, do hereby cerrify that Charles F. Stuan. Jr., whose name is signed to the foregoing document as Manager, on behalf of the Miller and Smith at Willow Run, L.L.C., appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under my hand and seal this % 2 day of May, 2004. My commission expires: 4 �- 6V , �llIIV I ' ,�I1i P['z otay�ublic 10 -4- • 06-17-2004 I1;672m From-HARRISON i JOHNSTON 5406671312 T-682 P.006/016 F-33T0 a EXHIBIT A To DEED OF BOUNDARY LINE AD.IUSTMENT, VACATION ..,ND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OFTHE LAND OF o MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FR.EDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly corner of the Willow Grove L.C. land (PIN 53-A-92); thence with the said Willow Grove L.C. land for the four following courses: S 380 49' 23" E—1,070.22 feet to a point; thence N 80° 23' 26" E — 952.35 feet to a point; thence S 53' 46' 18" E — 1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53-A-90); thence with the said line of the land of 740 LLC, S 440 32' 51" E — 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53-A-91); Thence with the said line of the land of Greystone Properties, LLC, S 350 42' 09" W — 2,403.40 feet to the most westerly corner of the said Greystone Properties, LLC land and the northerly line of the land of Jova Properties, LLC (PIN 63-A-1); thence with the said Jova Properties, LLC land for the two following courses: N 44' 37' 34" W—1,195.84 feet to The most northerly comer of the said Jova Properties, LLC land; thence continuing with another line of the land of Jova Properties, LLC, S 40° 31' 36" W — 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53-3-A); thence with the northerly line of the said Willow Grove L.C. land, N 4V 50' 23" W — 571.97 feet to the most easterly corner of the Melco, Inc. land (PIN 53-A-94); thence with the northerly line of the said Melco, Inc. land, N 40' 48' 27" W — 365.07 feet to the most northerly comer of the said Melco, Inc. land, a comer to the aforementioned Willow Grove L.C. land; thence continuingwith another line of the Willow Grove L.C. land, N 41' 01' 53" W — 658.63 feet to a concrete monument found in easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterly right of way line of Merriman's Lane for the 13 following courses: N 14° 22' 45" W— 78.16 feet to a concrete monument found at the P.C. ofa curve to the right; thence with the Are of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13' 26' 54" E — 80.62 feet) to the P.T.; thence N 750 20' 52" E — 228.61 feet to a concrete monument found; thence N 59' 10' 51" E -- 109.08 feet to a concrete monument found; thence N 260 05' 28" E — 98.77 feet to a concrete monument found; thence N 220 35' 16" W — 150.77 feet to a concrete monument found; thence N 31° 54' 53" E — 138.70 feet to a concrete monument found; Thence 090 48' 02" E-275.47 feet; Thence N 07' 05' 2 1 " W — 198.96 fee[ to the P.C. of a curve to the right; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13' 51' 17^ E—469.72 feet) to the P.T.; thence N l 1° 58' 27" E — 73,79 feet to a point; thence N 54' 02' 19- W — 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline of Merriman's Lane with the Arc ofa curve to the right 117.84 feet (Radios = 477.47 feet; Chord = N 430 01' 54" E — 117.54 feet) to the point of beginning." Containing ........ 141.345 Acres AND -5- 06-17-2004 11:67am • EXHIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. tD VACATION AND SPECIAL WARRANTY CONVEYANCE w is METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on West Side of Merriman's Lane "Beginning at a point at the intersection of the easterly right of way line of Route 37 and the westerly right ofway line of Route 621 (Merriman's Lane); thence with the said line ofRoute 37, N 100 52' 08" E — 466.39 feet to an iron rod at the most southerly corner of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36' 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 621 (Merriman's Lane) for the five following courses: S 040 47' 26" E — 259.50 feet to a point; thence S 00° 58' 28" W— 272.68 feet to a concrete monument found; thence S 29' 38' 24" W — 271.73 feet to a point; thence S 540 18' 52" W — 226.78 feet to a concrete monument found; thence N 53' 49' 29" W — 93.87 felt to the point of beginning." Containing ........ 4.497 Acres 6-V 06-17-2004 11:68am 6r From-HARRISON i JOHNSTON b0bbf IJIL 1-00L EXHIBIT B To _DEED OF BOUNDARY LINE ADJUSTME, NT. VACATION AND SPECIAL WARRANTY CONVEYANCE 0 to METES AND BOUNDS DESCRIPTION OFTHE LAND OF WILLOW GROVE L.C. ATTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGE IIA 0 'Beginning at a point in the center of Memman's Lane at the most westerly corner of the Miller and Smith at Willow Run, L.L.C. land (PIN 53-A-92A); thence with the centerline ofMerriman's Lane for the two following courses, with the Arc of a curve to The right 60.60 feet (Radius = 477.47 feet; Chord = N 53' 44' 17" E - 60.56 feet) to a point; thence N 57' 22' 27" E-105.00 feet to a point, a corner to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 50' 25' 30" E - 742.86 feet to a point; thence S 68° 26' 13" E - 169.25 feet to an iron rod found; thence N 34' 04' 34" E - 97.74 feet to an iron rod found; thence with the Arc of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord = N 210 02' 50" E - 96.14 feet) to a point; thence N 08' 01' 06" P - 65.70 feet to an iron rod found; thence S 63' 32' 51", E-1,075.48 feet to a point; thence S 44' 32' 51" E - 1,116.79 feet to a point, a corner to the Miller and Smith at Willow Run, L.L.C. land; thence with the northerly line of the Miller and Smith at Willow Run, L.L.C. land for the three following courses: N 531 46' 18" W-1,366.24 feet to a point; thence S 80' 23' 26" W - 952.35 feet to a point; thence N 38' 49' 23" W - 1,070.22 feet to the point of beginning." Containing 16.542 Acres -7- 05-17-2004 11:58am From-HARRISON i JOHNSTON 5406671312 T-682 P.009/018 F-337• O I MERRIMANI5) . ROU TE 37 c LAND ! . ' • . ' ... ! I I ORCHARD ^� III �. `I��'i� s w LANE Q)J<<c� G^ 1-11 E VICINITY MAP SCALE: 1 "=2000' SUBDIVISION ADMINISTRATOR ,1;�A�PP •�r0 l/ED�,Y CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 7072733" 50.00' 93.78' 68.14' 80.62' N 1326'54" E C2 44'72'49" 624.07' 481.58' 253.49' 469.72' N 7351'17" E C3 14'08'25" 477.47' 117.84' 59.22' 117.54' N 43'01'54" E C4 07'76'20" 477.47' 60.60' 30.34' 60,56' N 53*44*77" E C5 26'03'27" 213.23' 96.97' 49.34' 96.14' S 21'02'50" W LINE TABLE LINE BEARING DISTANCE L 7 N 14 22'45 " W 78.7 6' L2 N 59'10'51 " E 109. 08, L3 N 26'05'28" E 98.77' L4 N 22'35'76' W 750.77' L5 N 31 54'53" E 738.70' L6 N 11 "58'27' E 73. 79' L7 N 54'02'19" W 20.00' L8 N 572227" E 105.00' L9 S 58'26'13" E 169.25' LID N 34'04'34" E 97.74' Lll N OB'01'06" E 65.70' SURVEYOR'S CER TIFICA TF I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT 1S A PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C., [TM-53-A-92] BY DEED DATED 20 SEPTEMBER, 7996, AS RECORDED IN DEED BOOK 869 PAGE 596 IN THE OFFICE OF THE CIRCUIT COURT OF THE COUNTY. OF FREDERICK, VIRGINIA, AND ALL OF THE L ND PONVE D TO MILLER AND SMITH AT WILLOW RUN, L.L.C.[TM-53-A-92A] BY DEED DATED1u'f 2004, AS RECORDED IN INSTRUMENT NUMBER n _1� 4 00 Y 99 9 IN THE OFFIC OF THE CLERK OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA. THE CURRENT ZONING FOR THESE PROPERTIES IS RA. BOUNDARY LINE AXUSTMEN 5E7WE£N THE LANDS OF WILLOW GROXE L.C. TAX MAP 53-A-92 AND MILLER AND SM/TH AT WILLOW TAX MAP 53 A-92A SHAWNEE DISTRICT FREDERICK COUNTY VIRGINIA LU TE.- 04127104 SCALE. N/A RUN, L. L. C. SHEET.• I OF 8 r Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 ^ FAX (540) 667-0469 EMAIL office0morshond!egge.com T H OF D I o. 001197 /`D SURVF'1,� H /-1111'1 DRAWN BY: DiF DWG NAME: 5464-BLA.dwg 05-17-2004 11:58am From-HARRISON I JOHNSTON 6406671312 T-602 P.010/018 F-33T • OWNER'S CER TIFICA TE -4E ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C. 1 TM-53-A-92], AS APPEARS IN THE ACCOMPANYWG PLAT, 1S WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. B Y. f ON BEHALF OF WILLOW GROVE L.C. NOTARY PUBLIC ETA TE OF K l 1 t{ CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE M£ ON l'./� %.�'' BY (DA TE) ON BEHALF OF WILLOW GROVE L.C. _- `y MY COMMISSION EXPIRES--L (NOTARY PUBLIO 0 WNER'S CER TIFICA TE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH AT WILLOW RUN, L.L.C. [TM-53-A-92A]. AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TIpJ TEES, I1S ANY. BY.• ON BEHALF OF MYLLER SMITH AT WILLOW RUN, L.L.C. NOTARY PUBLIC STA TE OF_Yi�l111II THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON�j,, �L[_BY ll�� (DA TE) OAAay- Ie5 F• Sal CA- . +f. ON BEHALF OF MILLER AND SMITH A T WILLOW RUN, L. L. C. J ' c l A My COMA41ES101V EXP/RESs' OTARY PUBLIC) NOTES: 1. NO TITLE REPORT FURNISHED, THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN. 2. BOUNDARY INFORMATION SHOWN HEREIN 1S BASED ON AN ACTUAL FIELD SURVEY COMPLETED JULY 2003. SOL/NDARY LINE ADJUSTMENT BETWEEN rHE LANDS OF WILLOW GROVE L.C. TAX U4P M-A-9,2 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-92A SHAWNEE DISTRICT DATE.• 04127104 I SCALE.' N/A I SHEET. 2 OF .6 March & Legge Land Surveygrs, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 ^ FAX (540) 667-0469 — EMAIL o(fice0marshondlegge.com o w�,TH OP-7r p 0 %1 0011977 DRAWN BY: DJF DWG NAME: 5464-8LA.dwg 05-17-2004 11:58am From-HARRISON & JOHNSTON 5406671312 T-582 P.011/015 f-44 I* 0 SHEE T 5 OF 8 O G X o cp 0 cp �I 0' 400' 800, GRAPHIC SCALE: 1 "=400' BOUNDARK UNE ADJUSTMENT 6L7WEf1V NE' L4NOS OF WILLOW GRO l/E L.C. tiTx OF Lf W U4P s i—A-92 0 AND MILLER AND SMITH�A 7- WILLOW RUN, L.L. C. ��u � smwEE D/srwr No. 001197 fRECERICK COUNTY VIRGINIA OAT.- 04127104 SCALE.- 1 "=400' SHEET 2A OFF Marsh & Legge Land Survey®ra, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: D✓F PHONE (540) 667-0466 — FAX (540) 667-0469 — EMAIL office@marshandlegge.com DWG NAME: 5464—&A.d,yg 'I I SHEET 3 OF 8 SHEET 4 OF 8 SHEET 6 OF 8 05-17-ZO04 11:58am From-HARRISON 8 JOHNSTON • 5406671312 T-682 P.012/018 F-33 0' L00' 400• MERP,IMANS' CHASE SUBDIVISION OPEN SPACE INST. # 030007014 GRAPHIC SCALE* 7 200' ZONED, RP / 482,63' USE: RESIDEN TIA L (OPEN SPACE) '2�" E 0 4 650 r -7 593-A-92A �0/ / 4.497 ACRES p/��0 �FO Q� (WEST SIDE RTE. 6.21)-��� OJ��QPoE� w� Pe' \�50 �3 S 5478'52" W 5 29 2 11?3 ��G\�SAl � (F 0 � �QG LO MF 226. 78' 4 � ��'` NON VA. SEC. ROUTE 621 116p �P6� p0 MERRIMAN'S LANE L5 CMS Y yP� (VARIABLE WIDTH R/W) cMF _ MF N) 06 437 PG 203 �r c i CMF CM L2 CMF L3 ova W� I I ,• a, r LO v � CO o"'�N c�cs OI w I •; I �I 1 �9 53-A-92A ; \ 1.444 ACRES ORIG. AREA ZE zI I I + 139.901 ACRES (EAST SIDE RTE. 621) Ln I + 4.497 ACRES (WEST SIDE RTE. 621) 145.842 ACRES TOTAL ADJUSTED AREA , u I IRf � I I w �o I T _ e LEGEND: 53-A-94 1 tiFR 20' CMF-CONCRETE MONUMENT FOUND MELCO, INC. m I I io FBY t,-4 'K' IRF-IRON ROD FOUND _ 08 565 PG 783 -" CID SEE SHEET 7 OF 8 FOR 20NE0; RAZIE LINE AND CURVE DATA USE: RESIDENTIAL MAT CHL INE: SEE SHEE T 4 OF 8 �` R BOUNDARY LINE ADJUSTMENT 5E7ft-FV THE LANOS OF Z TH OF WILLOW GROVE L.C. ,•�ti� �r TAX MAP 53-A-92 o AND MILLER AND SMITH AT WILLOW RUN, L. L. C, a TAX MAP 53-A-92A gglas L ge SHAWNE£ 0/57RICT N0. 00119? FREDERICK COUNTY VIRGIAIM QATE.04127104 SCALE !"=200' SHEET•• 3 OF 8 `4AFD � ��N14NN g Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22501 DRAWN BY: DJF PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@norshandlegge.com DWG NAME: 5454-8LA.dwg 05-17-2004 11:58a From-HARRISON I JOHNSTON • 5406671312 T-682 P•013/018 F-337 :53-A- MELCO, INC. D6 565 PG 783 ZONED: RA a Imo' USE: RCSIDEWTIALZE DENOTES EXISTING GRO VE L'G �+ I PROPERTY LINE WILLOW _ GROV cn I HEREBY VACATED D6 871 PG 32 �' I (TYPICAL) ZONED: RA 1 i USE: 241,55' I AGRICULTURAL S 40'3136' W I I I Ij P� I �P _,oR- I 41 1 w I 53-A-92A 1.4.441*CRES ORIG. AREA t 139.901 1IRES (EAST SIDE RTE. 621) 63-A-1 + 4.48,15'CRES (WEST SIDE RTE. 621) UOVA PROPERTIES, LLC 145.842 IACRES TOTAL ADJUSTED AREA INST. # 040000377 ZONED: RA i USE. AGRICULTURAL I I Im I LEGEND; CMF-CONCRETE MONUMENT FOUND I I IRF-IRON ROD FOUND I I _- SEE SHEET I OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: 1 °=200" i 53-A-91 YSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL B0UN ARY LINE AAJUSTMENT 8£7WEEN THE LANDS OF WILLOW GROVE L. C. TAX MAP 53-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX U4P 53 A-92A 5HAWN£E OISTFFICT DATf.• 04127104 SCALE I "=200' SHE£T. 4 OF 8 March & Legge Land Survey®rs,�P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (54, ! 667-0468 - FAX (540) 667-0469 EMAIL office0rnorshondlegge.com TH OF r� ias l;"L 0. 00119 ti9ND SURVE�oe DRAWN BY: DJF DWG NAME: 5464-&A.dwg 05-1T-2004 11:58am From-HARRISON I JOHNSTON N ROU TE 627 I o P MERRIMAN S LANE C3 C4 RESCRIPTlI�E EASEMENT S L8 462' 63 l PLO / 750 LLC 0 I 53-A-92B i I a DB 978 PG 7747 I 7 U, ZONED: RA O �c,• / I I �� 1 o USE: RESIDENTIAL Li /4 I I N v-p��p cif ' COMM. or I ��y l lzLj'�1 oco .11 PG 20A PO I I 'p�' CN Icz; 416 341 \R DRAINFIELD r 4'14„ VJ _ EASEMENT 40 ( � \ I 5 1 R W GR N� 0 i 58 93'(T1 60 B ga 0 E EI �PNE �XRI� � � ExfRAI� lBH� \ < 53-A-92A \ N 60 1.�444 ACRES ORIG. AREA11 \�� �'! 44�? + 139...01 ACRES (EAST SIDE RTE. 621)F q1+ 4.�497 ACRES (WEST SIDE RTE. 621) � 16g3,� c 145.842 ACRES TOTAL ADJUSTED AREA 42 '16", D\�?3 cFF\ B.p�• s• R S LEGEND: S CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND 200' 400' SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA GRAPHIC SCALE: 1"=200' MATCHLINE SEE SHEET 6 OF 8 -MA (CH! I!-!i : .1 t ';I.7i'! i BOUNDARY LINE ADJUSTMENT 8EIACM THE LANDS OF L�H OF WILLOW GROVE L.C. �f TAX MAP 53 A-92 0 AND MILLER AND SMITH A T WILLOW RUN, L. L. C. TAX MAP 53—A—,924 SHALMNEE DISTRICT 0. 00119 FREDERICK COUNTY VIRGIN14 OATE.- 04127104 SCALE. 1 =200' SHEET- 5 OF 8 "r',yb suev��o � Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 DRAWN BY: D✓F PHONE (540) 667—G468 - FAX (540) 667-04-69 - EMAIL office@morshondlegge.com DWG NAME: 5464—&A.dwg 05-17-2004 11:59am from-HARRISON i JOHNSTON 5406671312 T-682 P.015/018 P-337 53-A-92A 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 621) 145.842 ACRES TOTAL ADJUSTED AR LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' 1p0, GRAPHIC SCALE: 1 "=200' . r � 53-A-91 2'0� GRE ELLC 5 INS7R.,y 030024683 ZONED: RA USE: AGRICULTURAL BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF WILLOW GROVE L.C. TAX AMP 53-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP-U-A-92A SHAWNEE DJS7RICT GATE '- 04127104 1 SCALE.- 1 ` 200' 1 SHEET.' 6 OF 8 Marsh & Legge Lend Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 ^ FAX (540) 667-0469 µ EMAIL olriceOrnarshondlegge.com "Tx♦" O j o 6 7 U � o S0011 N� DRAWN BY. O✓F DWG NAME; 5464-84A.dwg 05-17-2004 11:50am From-HARRISON & JOHNSTON . 540667131Z T-632 P.016/016 F-337 U N VA_ SEC' ROUTE 621 MERRIMAN S LANE 30' PRESCRIP77VE EASEMENT I 750 LLC 53-A-928 DB 918 PG 1147 ZONED: RA USE: RESIDENTIAL i / EXISTING WILLOW GROVE LANE Ix" ,Qf 50' R/W LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA EXISTING WILLOW GROVE LANE PD 50' R/W JP�,S 740 LLC I41 ii 53-A-90 V D8 918 PG 7139 X ` I ZONED: RA USE: AGRICULTURAL � ,� cn 4,�, �\ �C �C�' a� 0' 200' 400' GRAPHIC SCALE: 1 "=200' 1 x a x 1 \MATCHLINE: SEE StIEEf S Or' 8 EGUNDARY LINE ADJUSTMENT BETWEEN TH£ LANDS OF LTH 0,P WILLOW GROVE L.C. L1� TAX MAP 53 A-92 �O AND MILLER AND SMITH A T WILLOW RUN, L. L. C. to—i'st TAX MAP 53-A-924SHAWNEE• DISTRICT 07 FREDERICK COUNTY �IRCINM DATE. 04127104 SCALE.• 7"=200' SHEET.• 7 OF 8)l sRo, �i Marsh & Legge Land Surveyors, P.L.C. +"`�•� 560 NORTH LOUDOUN STREET r WINCHESTER, VIRGINIA 22601 DRAWN BY: DJF PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office®morshondleggecom DWG NAME: 5464—BLA•dwg 05-17-2004 11:59am From-HARRISON & JOHNSTON 5406671312 T-662 P.017/010 F-337 fV O E 1 _ 1 1 0 11 � 11 v+ 1 1 1 $; Q,91 c�ry � N 11 m N W cn C0 LA mll U1 Ln 71 r s 11 � rnI rii 1 � V 1� 1 1 1 1 1 1� I I QI �N 53—A-92A ro �.444 ACRES ORIG. AREA ; m + 139.901 ACRES (EAST SIDE RTE. 41) o + .497 ACRES WEST SIDE RTE. 6 1 a 4 .642 ACRES TOTAL ADJ It" AR O V J f,r i i 53-A-91 GREYSTONE PROPERPES, LLC INSTR. 1 030024683 ZONED: RA USE: AGRICULTURAL 740 LLC 53-A-90 DB 918 PG 1739 ZONED: RA USE: AGRICULTURAL LEGEND: CMF—CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: 1 "=200' 50UNDARY LINE ADJUSTMENT &E7WEEN Ni' LANDS OF WILLOW GROVE L C. TAX MAP 53 A-9? AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53A-92A SHAWNE£ DISTRICT GATE".• 04127104 I SCALE.- 1 °=200 " I SHEET- 8 OF 8 Marsh & Legge Lend Surveyors, P.L.C. 560 NORTH LOUOOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (54G; 667-0468 - FAX (540) 667-0469 - EMAIL officeOnarshandlegge.com TH OF" 0. 0011 � .H0 suRvr"y�� DRAWN BY: alF DWG NAME: 5464—SL4.dwg 11-14-2005 10)20 -A From-MICHAEL L BRYAN 0 5406464130 h—bbb • c J. CHA5LER eou nwex YFKM WCft.%FV-K, v1RUNIA 22W 040017302 to 01 c� This DEED made and dated this aa a-) ay of _ 2004, by and between MELCO, INC, a Virginia Corporation, hereinafter called the Grantor; and MILLER and SMITH at WILLOW RUN, LLC, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of this sum of Ten Dollars (S 10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY. all that certain land being situate in Frederick County, Virginia, and being more particularly described as follows: See attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above -described property, Grantor,.hereby covenants with Grantee. its successors and assigns, that Grantor is lawfully seised in•fee simple of the above -described premises; that it has a good right to convey: that the premises are free from all encumbrances: that the Grantor will forever warrant and defend all of the above -described property to Grantee, its successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor: that the Grantor will guarantee the quiet enjoyment of the above -described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; and that the Grantor will, an demand of Grantee or its successors or assigns , execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required, The following action is by corporate resolution and the undersigned has full authority to act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation. 11-14-2005 10:20 From-MICHAEL L BRYAN 5405454130 T-350 P-003 F-566 U11 WITNESS the following signatures and seal: ELC , INC. 4ELCST,I B STATEOF 1hx7G1d114__ CHMST HERA. *ODEN,Pr`esSi1rCnt CITY/cLOUNTY of ,to -wit: IA( a Notary Public in and for the State of and jurisdiction aforesaid do hereby certify that NIELCO, INC, a Virginia Corporation by CHRISTPHER A. MOLDEN, Presideni, whose name is signed the foregoing Deed, bearing date of the 2_1 day of U 2004. have personally appeared before me and acknowledged the same. Given under my hand this ;27 day of 2004. 1 My Commission Expires: 16-,JL-O(p dVJ �Ar4oubi� of bic ,qnd -7 -Yo 'r 0 II-14-2005 10:20 From-IIICHAEL L BRYAN 5405454130 T-360 P.004 F-565 cri v EXI-IIBIT A All that certain tract of land, including the twenty foot easement of ingress and egress, lying and being situate in Back Creek Magisterial District (formerly Shawnee Magisterial District), Frederick Counry, Virginia, southeast of Merrimans Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert, C.L.S., dated June 12, 1956 attached to that certain Deed of Conveyance by which Boyd J. Harriman acquired said property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the Office- of the Clerk of the Circuit Court of Frederick County. Virginia. in Deed Book 243, at Page 341 to which deed and plat reference is hereto made for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Winifred S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285. at Page 326 and I-Iorace C. Brown by Deed dated May 21. 1963 of recorded ir, the aforesaid Clerk's Office in Deed Book 288. at Page 515. Less and except 1.40 acres, more or less conveyed out in Deed Book 329, at Page 38, Southeast of Merriman's Lane, including a 20' easement for ingress/egress to be used in common with other and more particularly described in the Mctes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565. at Page 783. 11-14-2006 10:20 From-MICHAEL L BRYAN 5406464130 0 T-350 P.005 F-566 0 A G c, f„ METES & BOUNDS DESCFL T1ON FRZDIILRICK COUNTY TAX PARCEL 53-A-94 The accompanying plat entitled "Boundary and Housc Lxc rdon Survey of the land of Mcico, Inc." dated August 25, 2004 rcprmcurs a boundary survey of all of the laiui conveyed to Melco, Inc. by deed dated September 15, 1980 of record in the office of the Clerk of the Cireuh Coat of Frcde ick County, Virginia in Deed Book 565 at page 783. 'Ilse said land fronts the sourheastcxu zermimm of a 20' private right-of-way now known as Orchard Lane about 1400 feet southeast of its intersection with Merrimans Ise (Va. Route 621) in Sbawnee Magisterial District, Frticriek County, Virginia and is more particularly bounded as follows: Beginning at a'h" iron rebar & cap set at the southe L=m terminus of a 20' private right - of way now known as Orchard Lane (see Deed Book 243 at Page 344), corner to Willow Grove L.C. and in a line of Miller and Smith al Willow Run, L.L.C.; thence with Mill- and Smith at Widow Run, LJ..C. S 40048127" E - 365,07' to a'f," iron rvber & cap set, cvr= to Willow Grove L-C.; thence with Willow Grove LC. S 3000 137" W - 681.811 to a'h" ion rebar found, coraar to James C Gordon, Jr., Ut ux; thence with Gordon N 5343'23" W - 350.75' to a nail set in a corner fence post, in a line of Willow Grove L,C.; th=na with Willow Grove L.C. N-1",48" E - 763.49' to the beginnin& Containing......................................................_............. &7585 Acres, Surveyed.... .... ..:......... ............................................... Aught 25, 2004. V1RC;IIVIA FRF.D6RICI: COUNTY, 5CT 4g This instrument of wining wa,, produced to me on at KHHARD A. ®ENS and Mil) cet ufiCIVU Of a owledf;cment ihercuannewd was admitted to record. T ir11p0srd by Soc, SS.1.802 of No./002550: S kVl and 58.1.801 have been paid, if assessable $r 4.04 , Aerk • CD N CD 080000635 co THIS DEED OF BOUNDARY LINE ADJUSTMENT AND DEED OF EASEMENTS, made and dated this 11th day of January , 2008, by MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company ("Miller & Smith"), and THE COUNTY OF FREDERICK., VIRGINIA (the "County"). RECITALS: A. Miller & Smith is vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thercunto belonging, lying and being situate on the east side of Merrimans Lane (Va. See. Route 621) in Shawnee Magisterial District, Frederick County, Virginia, containing 145.792 acres, more or less; and being the same lands acquired by Miller & Smith by that certain Special Warranty Deed dated May 12, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 040008797, and by that certain Deed of Boundary Line Adjustment, Vacation and Special Warranty Conveyance dated May 12, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040008798 (Tax Map No. 53-A-92A) ("Original Miller & Smith Parcel #1") B. Miller & Smith is also vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate east of Merrimans Lane (Va. Sec. Route 621) in Shawnee Magisterial District, Frederick County, Virginia, containing 5.756 acres, more or less; and being the same lands acquired by Miller & Smith by that certain Deed dated August 27, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040017302 (Tax Map No. 53-A-94) ("Original Miller & Smith Parcel #2"). C. Miller & Smith desires to adjust the location of the common boundary lines between Original Miller & Smith Parcel #1 and Original Miller & Smith Parcel #2, so as to create Adjusted Miller & Smith Parcel 41, containing 149.252 acres, more or less, and Adjusted Miller & Smith Parcel 92, containing 2.296 acres, more or less, as more particularly Michael L. Bryan set forth on that certain plat titled "Final Plat for Boundary Line Adjustment of the Land of 9 Court Square 2od Floor Winchester, VA Miller and Smith at Willow Run, L.L.C." dated June 16, 2007, drawn by Jason G. Bly, L.S., a copy of which is attached hereto and made a material part hereof (the "Plat"), as more fully Michael L. Bryan 9 Court Square 20° Floor Winchester, VA • CD N CD lD set forth hereinafter. D. Miller & Smith further desires to impress upon a portion of Adjusted Miller & Smith Parcel #1 that certain drainfteld easement for purposes of installation, construction, maintenance, repair, reconstruction and removal of a septic system serving Adjusted Miller & Smith Parcel 42 designated as "Drainfield Easement Hereby Created" on the attached Plat, as more fully set forth hereinafter (the "Drainfield Easement"). E. Miller & Smith further desires to impress upon a portion of Adjusted Miller & Smith Parcel #1 that certain ingress/egress easement for the benefit of Adjusted Miller & Smith Parcel #2, 50' in width, designated as "50' Ingress/Egress Easement Hereby Created" on the attached Plat, as more fully set forth hereinafter (the "Ingress/Egress Easement"). NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Miller & Smith hereby adjusts and confirms the boundary lines of Adjusted Miller & Smith Parcel #1 so as to create that certain parcel of land containing 149.252 acres, more or less, designated as "Adjusted T.M. 53-A-92A" on the attached Plat. 3. Miller & Smith hereby adjusts and confirms the boundary lines of Adjusted Miller & Smith Parcel #2 so as to create that certain parcel of land containing 2.296 acres, more or less, designated as "Adjusted T.M. 53-A-94" on the attached Plat. 4. Miller and Smith hereby creates and impresses the Drainfield Easement upon a portion of Adjusted Miller & Smith Parcel #1. The Drainfield Easement shall be appurtenant, perpetual and permanent and shall tun with the title to Adjusted Miller & Smith Parcel 91 for the benefit of Adjusted Miller & Smith Parcel 2, for purposes of installation, construction, reconstruction, maintenance, repair and removal of sewer lines, septic drainfields and other related equipment and infrastructure to serve Adjusted Miller & Smith Parcel #2. The Drainfield Easement shall include the right to go on, over and upon the Drainfield Easement for purposes of installing, laying, maintaining, repairing and replacing • CO N O such sewer lines, septic drainfields and other related equipment and infrastructure as needed. The owner of Adjusted Miller & Smith Parcel III shall at all times have the right to cross over and upon the Drainfield Easement and to use the surface over the Drainfield Easement in such manner as will neither injure nor interfere with the installation, construction, reconstruction, maintenance, repair and removal of sewer lines, septic drainfields and other related equipment and infrastructure, except that no building or other structure shall be erected over the Drainfield Easement unless by mutual consent of the owners of Adjusted Miller & Smith Parcel 41 and Adjusted Miller & Smith Parcel 02. Whenever the enjoyment of the Drainfield Easement requires the disturbance of die surface of the ground, it shall be the obligation of the owner of Adjusted Miller & Smith Parcel 42 to restore the same to its condition prior to being so disturbed at the sole cost and expense of the owner of Adjusted Miller & Smith Parcel 02. The Drainfield Easement created and impressed hereby upon a portion of Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel 112 shall terminate at such time as the residence located upon Adjusted Miller & Smith Parcel 92 is served by public sanitary sewer. 5. Miller & Smith hereby creates and impresses upon a portion of Adjusted Miller & Smith Parcel #1 the Ingress/Egress Easement, for purposes of access to Adjusted Miller & Smith Parcel #2, which Ingress/Egress Easement shall be appurtenant, perpetual and permanent and shall run with the title to Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel 112. The Ingress/Egress Easement created and impressed hereby upon a portion of the Adjusted Miller & Smith Parcel # 1 for the benefit of Adjusted Miller & Smith Parcel #2 shall terminate at such time as access to Adjusted Miller & Smith Parcel #2 is available by way of a publicly maintained street. 6. This adjustment of the common boundary lines of Miller & Smith Parcel #1 and Miller & Smith Parcel #2 so as to create Adjusted Miller & Smith Parcel #1 and Adjusted Miller & Smith Parcel #2 is made subject to all easements, rights of way and Michael L. Bryan restrictions of record affecting die subject properties; provided, however, that the foregoing 9 Court Square 2°" Floor Winchester, vn I shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. 0 • 0 tV WITNESS the following signature and seal: MILLER AND SMITH AT WILLOW RUN, L.L.C. By: MILLE S TH, C., Manager By: ' (SEAL) arles F. tuart J ., Senior Vice President STATE OF VIRGINIA, CITY/COUNTY OF F (Ail2ft The foregoing instrument was acknowledged before me on the ih'° day of (,twat 2008 by Charles F. Stuart, Jr., Senior Vice President of Miller and Smith, Inc., Manager f Miller and Smith at Willow Run, L.L.C. My Commission expires: WI ( 2010 {t -7a1f,82 NOT Y PUBLI THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 9 Court Square, 2" Floor Winchester, Virginia 22601 540/545-4130 M LB/prnn c.\Dccds\1Vil1ow Run Dced or BLA - Eascmcnt 1/10109 Michael L. Bryan 9 Court Square god Floor Winchester, VA FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. SF *Nff WGIVERWL DISTRICT, FREDERICK COUNTY, VIRGIN44 JUNE 16, 2007 CITY OF W°NCHE-TER �r FREDER/CK COUNTY VICINITY MAP �lE v 1" = 2000' z W SITE N ROUTE 37 J. KENNEM ROBINSON PARKWAY W1NCHES7ER d o WESTERN R.R. OWNER'S CERTIFICATE THE ABOVE- AND FOREGOING BOUMLIIRY LINE ADJUSTMENT OF THE LAND OF MXLER AND SM/1H AT WILLOW RUN, L.L.C. AS APPEMS ON THIS PLAT, IS WTTH THE FREE CONSENT AND / N ACCORLWNCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND , I ANY. MXLER AND SMf7H AT WILLOW RUN, LLC. ......... BY MILLER AND SMITH, INC. MMGER BY- CMRLES F. STU4RT JR., SENIOR NCF-P tESlDENT COMMONWEALTH/STATE OF UIP_6-1m CITY/COUNTY OF •,Gq-ik- Fi4 y THE FOREGOING INSTRUMENT W45 ACKNOWLEDGED BEFORE ME THIS 201`" DAY OF Ch(AYkS �IGvnlxi 100'7 BY �• SfUavf,7/ SENIOR VICE PRESIDENT OF MILLER AND SW7H, INC. c � 1NOTARY PUBLIC MY LOWM/SSIOIV EXPIRES $ 3 ! 20 i0 -47i0/16, & Z PARENT TAX PARCEL OLAMF72IION (1) MILLER AND SMITH AT WILLOW RUN, L.L.C. T.M. 53-A-924 145.792 ACRES ZONE. R4 USE AGRI. (u) MILLD? AND SMITH AT WALLOW RUN, L.L.C. T.M. 53 A-94 5.756 ACRES ZONE R4 USE. RE5 SURVEYOR'S CERTIFICATE I HEREBY CDMFY 7F4T THE LAND CONTAINED IN THIS BOUNDARY LINE AQ/USTMEM 1S A PORTION OF THE LAND COOnO 70 MILLER AND SMITH AT WILLOW RUN, L.L.C. (i) BY DEEDS DATED ANY 12, 2004 OF RECORD IN 7HE FREOD?KK COUNTY CIRCUIT COURT CLERKS OFFICE IN INSTRUMENT N0. 040008797 AND 040008796 AND (h) BY DEED DOTED AUGUST 27, 2004 OF RECORD IN SAID CLERK'S OFFICE IN INSTRUMENT NO. 040017302. ON G. BLY, L. . APPROVALS. 1 6�dv` ED /CK COUNTY SUBDMSION ADM/N/S7RATOR DATE �n j N G. BLY 50 c. No. 2619 GREENWAY ENGINEERING, mc. 151 Windy MU Lane S gineors Winchester, Virginia22602 SUR Telephone: (540) 662-4185 FAX (540) 722-9528 J80OWG SHEET 1 OF 2 Founded in 1971 www.gree?iwayeng.com BND 07-18 w �' EXLSRNG 20' RIW D8 243 PG L � l A' O yo�0� 0 2cn NOTES c M 1. NO 777LE REPORT FURNISHED, M EASEMENTS 144Y EXIST Wh7CH ARE NOT SHOWN. 2 THE BOUNDARY INFMA77ON SHOWN HEREON IS RASED ON A CURRENT FlELD SURVEY BY THIS FIRM. 3. ASTERISK (+*) DENOTES PROPERTY LINE HEREBY ESTABLISHED. 7 , FOUND ANIL IN W170D PYJST 150 0 75 150 �\ GRAPHIC SCALE (IN FEET) LINE TABLE ADJUSTED T U 53—A-82A MILLER AND SMITH AT WILLOW RUN, L.L.C. 144.755 ACRES EAST SIDE OF MERRIA AN'S LANE 4.497 ACRES WEST SIDE OF MERRIMAN S LANE 149.252 ACRES TOTAL q- INST. 1040008797 �t� INST. 1040008798 EX DRNEWAY N 350.76 \ T.M. 53-3-95 N/F aWES C. GORDON JR. h ABBYE D. GORDON DB 365 PC 296 LINE BEARING DISTANCE L 1 N 3030 :38' E 250.00' L2 N •86'04 :33' E 151.21 ' L3 N 5640 38' E 60.00' L4 S 04'15'18' E 60.00, L5 I S 36'07'57' E 49.84' L6 S 15'13 J7' E 209.15' L7 S 06-5625' W 152.94' L8 S 29 3829' W 43.97' I/S NAIL SET IN WOOD POST IRF 112' IRON RERAR FOUND 0 112' IRON REW SET UNLESS OTHERMSE NOTED T.M. 53-3—A WILLOW GROVE L.C. DB 871 PG 32 INST. 1030004602 ADJUSTED - T.At 53 A-84 MILLER AND SMITH AT WILLOW RUN, L.L.C. 2.296 ACRES N� 1 40017302 LEGEND IRF — IRON REAR FOUND AREA TABULA77ON ORIGINAL 714 53—A-924 = 145.792 ACRES AREA FROM 7M 53—A-94 - t3.460 ACRES ADJUSTED 714 53—A-92A = 149.252 ACRES ORIGINAL TM 53—A-94 = 5.756 ACRES AREA TO TM 53—A-924 = —3.460 ACRES ADJUSTED TM 53—A-94 = 2.296 ACRES FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.G SHAN7VEE 94GISTERW DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1ST 1 ' = 150' 1 DATE' JUNE 16 2007JUNE 16 2007 GREENWAY ENGINEERING, oc. 151 Windy Hill Lane Engineers Wincimter, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.coni AS N G. BLY a No. 2619 l'4'j 0 • VIRGINIA: FRED[ RICK COUNTY.SCT. This instrument of writing was produced to me on i -1S K)� al and with certificate acknowledgement thereto annexed was adm'tted to record. Tay imposed by Sec. 58.1-802 of $, and 58.1-801 have been paid, if assessable. 4e'-t11/1 , Clerk 0 N 19001100 Tax Map 53-A-92A Assessed Value: S 1,573,200.00 This instrument prepared without title search by, and Recording requested by, Philip Tenley Jones, Esq. VA Bar #37289 Return to: Willow Springs Estate, LLC. P.O. Box 3070 Winchester VA 22604 SPECIAL WARRANTY DEED HALLOWr�rL�to: ►c , INC. 8381 010 Courthouse Road, Suite 120 Gaeo; I�rVi �VA22182 Box: —0 c.-) 0 m THIS DEED is made this 2814 day of October, 2019, by and between MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company, Grantor; and, WILLOW SPRINGS ESTATE, LL'C, a Virginia limited liability company with an address of 1520 Commerce Street, Winchester VA 22601, Grantee. WITNESSETH, That in consideration of the sum of ONE-M4LLION TWO HUNDRED FIFTY THOUSAND NINETY-FIVE AND N01100 DOLLARS ($1250.095.00), Grantor does grant and convey to the Grantee, its successors and assigns, in fee simple, all that property situate in Frederick County, State of Virginia, described as: That 145.792 acres of property on either side of Merriman's Lane as depicted by a boundary survey made by Marsh & Legge Land Surveyors, PLC, dated March 13, 2007, and certified on June 1, 2007, of Tax Parcels 53-A-92A and 53-A-94, in the name of Miller and Smith at Willow Run, L. L.C., as surveyed, platted and recorded as Instrument Number 070009889 among the land records of Frederick County Virginia and incorporated herein by this reference (the "Property"). 070cP11J f'&0 bly-P�� And Being the same land conveyed to Miller and Smith at Willow Run, L.L.C. by deed dated May 12, 2004 from Willow Grove, L.C., which deed is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 040008798 (PIN 53-A-92A), and by deed dated August 27, 2004 from Meleo, Inc., of record in the aforesaid Clerk's Office as Instrument No. 040017302 (PIN 53-A-94) TOGETI•IER WITH the building thefeupon, and all of the ways, easements, rights, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the Property. TO HAVE AND TO I•IOLD, the Property and appurtenances unto and to the use of Grantee, its successors and assigns in fee simple, forever. AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. Page I I o -�I IN WITNESS WHEREOF, Grantor has caused this Deed to be executed, sealed and delivered by its authorized representative as of the date first hereinabove written. MILLER AND SMITH AT WILLOW RUN L.L.C. By: ' r an=[Seal] By: Thomas Dale Hall Senior Vice President STATE OF VIRGIMA CITY/COUNTY OF FAIR P,4X TO WIT: I HEREBY CERTIFY, that on this 28771 day of October, 2019, before me, the subscriber, a Notary Public of the State of Virginia in and for Fairfax County personally appeared , and represented himself to be the Senior Vice President of Miller and Smith, Inc., a Virginia corporation, Manager of Miller and Smith at Willow Run, L.L.C., a Virginia limited liability company and that as such officer being authorized to do so, executed the foregoing Deed for the purposes therein contained, by signing the name of said corporation as such officer. IN TESTIMONY WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 10 3/ Z3 "C-C-"L "tue3' N& Public 000. VIRGINIA: FREDERICK COUNTY.SCT. J,`J } ►�OTRttY 9 This Instrument of writing was produced to me on C 10 - 29 1 - �-ol Q I at and with certificate acknowledgement thereto annexed �= was admitted to record. Tax imposed by Sec. 58.1-802 of ''�,,���,TM�p`�`�r► $1 513,50 and 58.1-801 have been paid, if assessable. (. Clerk Page 12 t j STATE CORPORATION COMMISSION Richmond, September 23, 2019 This is to certify that the certificate of organization of Willow Springs Estate LLC was this day issued and admitted to record in this office and that the said limited liability company is authorized to transact its business subject to all Virginia laws applicable to the company and its business. Effective date: September 23, 2019 g aAYioc\ c r h,r o� L zo rso3 CISECOM State Corporation Commission Attest: tCCerkof the Commission • IL11480 COMMFRU PARK ORIVI:, SUI I P 150 [� &ASSOCIATES 1) o°U5. TECHNICAL MEMORANDUM Greystone Properties, LLC Rezoning Median Acceleration/Storage Lane Analysis Date: December 4, 2020 Project #: 24079 To: Brad Riggleman, P.E. From: Andrew Butsick, P.E.; John Callow Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the evaluation of a median protected acceleration/storage lane at the proposed access point to the Greystone development on Cedar Creek Grade in Frederick County, Virginia. Attachment A illustrates the proposed lane configuration at the site driveway to be constructed prior to the first occupied dwelling unit within the Greystone development. The intersection was previously evaluated as a traditional two-way stop - controlled intersection as part of the November 2019 traffic impact analysis (TIA), which assumed a site build -out year of 2027. The forecast year 2027 site driveway volumes (post -build out) for the weekday a.m. and weekday p.m. peak hours in the November 2019 TIA were applied to the new proposed lane configuration shown in Attachment A. Table 1 compares the forecast year 2027 post -build out operations under the traditional two-way stop -control intersection (TWSC) and TWSC with the added median acceleration/storage lane. Table 1. 2027 Total Traffic Conditions - Two -Way Stop -Control w/ and w/o Median Acceleration Lane Intersection Information AM Peak Hour PM Peak Hour Existing/ Back Back Intersection Traffic Control Approach Lane Proposed LOS of Delay LOS of Delay M Group turn -lane Queue (sec) Queue (sec) lengths (feet) (feet) Route 622 (Cedar Creek Grade)/Site Driveway (H4) Two-way Stop -Controlled EB EBL 200, A 0 8.0 B 5 11.2 EBT 0 0.0 0 0.0 EB Approach - 0.1 - - 0.7 WB WBT - 0 0.0 0 0.0 WBR 150' 0 0.0 0 0.0 WB Approach - 0.0 - - 0.0 SB BL D 43 32.0 F 65 93.6 �SBR - B 5 10.4 C 8 19.3 SB Approach C - 24.4 F - 67.8 Two -Way Stop -Control w/Median Acceleration Lane EBI EBL 200' 0 0.0 0 0.0 EBT 0 0.0 0 0.0 EB Approach - 0.0 - - 0.0 WB WBT - - 0 0.0 - 0 0.0 WBR 150' 0 0.0 0 0.0 WB Approach - 0.0 - 0.0 SB SBL - B 10 11.2 C 18 22.5 SBR B 5 10.4 C 8 19.3 SB Approach B - 10.9 C 21.4 FILENAME.•H:I24124079-GREYSTONEPROPERTIESLLCREZONINGICOMMENT5124079 MEDIANACCELERATIONLANEANALYSISMEMO.DOCX Greystone Properties, LLC Rezoning • • Project J1: 24079 December 4, 2020 Page 2 Attachment e contains the Synchro operational worksheets for the intersection with the median acceleration lane. As shown, the addition of a median acceleration/storage lane for southbound left - turning vehicles exiting the site is anticipated to reduce delays from 93.6 seconds (LOS F) to 22.5 seconds (LOS C) during the weekday p.m. peak hour. This reduction in delay results from the ability of southbound left -turning vehicles to complete a two -stage turn, rather than need to find a gap in both eastbound and westbound traffic on Cedar Creek Grade at the same time. As the Highway Capacity Manual, 6t1i Edition methodologies used to evaluate the median acceleration lane in Synchro do not forecast any delays for the eastbound left -turn movements (due to the required link layout in Synchro to accurately model the median acceleration lane), the operations of the site driveway with the median acceleration lane were also evaluated using SimTraffic software in accordance with VDOT TOSAM parameters. Table 2 illustrates the forecast delays and 951t' percentile queues output from the SimTraffic analysis. Attachment C contains the SimTraffic operational worksheets. Table 2. 2027 Total Traffic Conditions — SimTraffic Analysis Intersection Information i Intersection ' Traffic Control Approach (#) Lane Group AM Peak Existing/ Proposed Delay turn -lane (sec) lengths Hour Back of Queue (feet) PM Peak Delay (sec) Hour Back of Queue (feet) Route ..Stop (44) -Control .. Lane As shown, the eastbound left -turn movement is forecast to operate with a total delay per vehicle of 1.9 and 16.7 seconds during the weekday a.m. and weekday p.m. peak hours, respectively. All 951t' percentile queues are forecast to be contained within the proposed storage. CONCLUSIONS The proposed site driveway on Cedar Creek Grade is forecast to operate acceptably under year 2027 post -build out traffic conditions with the proposed median acceleration/storage lane. Kittelson & Associates, Inc. Reston, Virginia Attachment A Proposed Lane Configurations: Cedar Creek Grade/Site Driveway • • ■ PROFFER NOTES I DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT DEVELOPMENT DIMENSIONS OF EXISTING. CONDITIONS AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO CHANGE UPON RECEIPT OF A DETAILED ASSUILT ROAD CONDITION AND DURING FINAL DESIGN 2 R 0. W AND EASEMENTS NEEDED ON TAX PARCEL 61A-21 IS THE RESPONSIBILITY OF THE OWNER OF TAX PARCEL 63.A-IA 0 m_ 2 X LU H Z W m LU 0 Y LU LU cy U IY Q 0 W U 0 • Attachment B Year 2027 Post -Build Out Traffic Conditions: Synchro Operational Worksheets for Proposed Lane Configuration HCM 6th TWSC 0 • Greystone Property 4: Cedar Creek Grade & Greystone Dwy Weekday AM Peak - Total Traffic - Median Acceleration Lane ntersection Int Delay, slveh 2.9 vement EBL EBT EBR WBL WBT WBR SBL SBR NWL NWR NEL NER Lane Configurations t r Traffic Vol, vehlh 0 0 0 0 309 26 77 0 0 0 14 0 Future Vol, vehlh 0 0 0 0 309 26 77 0 0 0 14 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Free Free Free Stop Stop Stop Stop Free Free RT Channelized - - - - None - - - - - Storage Length - - - 150 0 200 - - 0 Veh in Median Storage, # - 0 - - 0 - 0 - 22350 - 22350 Grade, % - 0 0 - 0 - 0 - 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 10 0 0 2 2 2 0 2 Mvmt Flow 0 0 0 0 336 28 84 0 0 0 15 0 Major/Minor Major2 Minor2 Conflicting Flow All 0 336 336 Stage 1 - - - 336 - Stage 2 - 0 - Critical Hdwy - - 6.4 6.2 Critical Hdwy Stg 1 - 5.4 - Critical Hdwy Stg 2 - - - - - Follow-up Hdwy 3.5 3.3 Pot Cap-1 Maneuver 0 - 663 711 Stage 1 0 728 - Stage 2 0 - - - - Platoon blocked, % Mov Cap-1 Maneuver - - - 663 711 Mov Cap-2 Maneuver 663 - Stage 1 - - - 728 - Stage 2 - Approach WB _ SB HCM Control Delay, s 0 10.9 HCM LOS B inor Lane/Maior Mvmt WBT WBR SBLnl SBLn2 Capacity (veh/h) - 663 711 HCM Lane VIC Ratio - 0.126 0.064 HCM Control Delay (s) - - 11.2 10.4 HCM Lane LOS - B B HCM 95th %tile Q(veh) - 0.4 0.2 Greystone Property Synchro 10 Report Weekday AM Peak - Total Traffic - Median Acceleration Lane � Page 1 HCM 6th TWSC 0 9 Greystone Property 4: Cedar Creek Grade & Greystone Dwy Weekday PM Peak - Total Traffic - Median Acceleration Lane Int Delay, slveh 1.3 vement EBL EBT EBR WBL WBT WBR SBL SBR NWL 'NWR NEL NER I Lane Configurations T r Traffic Vol, vehlh 0 0 0 0 966 76 45 0 0 0 41 0 Future Vol, vehlh 0 0 0 0 966 76 45 0 0 0 41 0 Conflicting Peds, #Ihr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Free Free Free Stop Stop Stop Stop Free Free RT Channelized - - - - - None - - - - Storage Length 150 0 200 0 Veh in Median Storage, # - 0 - - 0 - 0 - 22350 - 22350 - Grade, % 0 - - 0 - 0 - 0 - 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 0 0 2 2 2 0 2 Mvmt Flow 0 0 0 0 1050 83 49 0 0 0 45 0 Major/minor Major2 Minor2 Conflicting Flow All 0 1050 1050 Stage 1 - - - 1050 - Stage 2 - - 0 - Critical Hdwy - - - 6.4 6.2 Critical Hdwy Stg 1 - - 5.4 - Critical Hdwy Stg 2 - - - - - Follow-up Hdwy - 3.5 3.3 Pot Cap-1 Maneuver 0 - 254 278 Stage 1 0 340 - Stage 2 0 - - - - Platoon blocked, % Mov Cap-1 Maneuver - 254 278 Mov Cap-2 Maneuver - 254 - Stage 1 - - - 340 Stage 2 - - Approach WB SB HCM Control Delay, s 0 21.4 HCM LOS C Minor Lane/Maior Mvmt WBT WBR SBLn1 SBLn2 Capacity (vehlh) - 254 278 HCM Lane VIC Ratio 0.193 0.094 HCM Control Delay (s) - - 22.5 19.3 HCM Lane LOS C C HCM 95th %tile Q(veh) - - 0.7 0.3 Greystone Property Synchro 10 Report Oeekday PM Peak - Total Traffic - Median Acceleration Lane Page 1 Attachment Conditions: Operational Worksheets SimTraffic Performance Report 0 • Greystone Property Weekday AM Peak - Total Traffic - Median Accelerati*Pllda Peak- Total Traffic- Median Acceleration Lane 4: Cedar Creek Grade & Greystone Dwy Performance by movement Movement WBT WBR SBL SBR2 NEL All i Denied DellVeh (s) 0.3 3.5 0.2 4.0 0.0 0.8 Total DelNeh (s) 0.5 0.1 7.0 4.5 1.9 1.9 Greystone Property SirnTraffic Report Weekday AM Peak - Total Traffic - Median Acceleration Lane Page 1 Queuing and Blocking Report 0 • Greystone Property Weekday AM Peak - Total Traffic - Median Accelerat&yl dRnW Peak- Total Traffic- Median Acceleration Lane Intersection: 4: Cedar Creek Grade & Greystone Dwy Movement SB SB NE Directions Served L > L Maximum Queue (ft) 54 32 24 Average Queue (ft) 25 12 2 95th Queue (ft) 45 26 13 Link Distance (ft) 440 98 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Greystone Property SimTraffic Report Weekday AM Peak - Total Traffic - Median Acceleration Lane Page 2 SimTraffic Performance Report 0 • Greystone Property Weekday PM Peak - Total Traffic - Median Accelerat ILdwRVI Peak - Total Traffic - Median Acceleration Lane 4: Cedar Creek Grade & Greystone Dwy Performance by movement WBf WBR_. ---SBL ._ SBR2 NEL All Denied DellVeh (s) 1.2 3.1 0.2 4.1 0.0 1.3 Total DelNeh (s) 1.4 0.6 37.0 18.2 16.7 3.5 Greystone Property SimTraffic Report Weekday PM Peak - Total Traffic - Median Acceleration Lane Page 1 Queuing and Blocking Report 9 • Greystone Property Weekday PM Peak - Total Traffic - Median Accelerat*vNdwfdA Peak -Total Traffic- Median Acceleration Lane Intersection: 4: Cedar Creek Grade & Grevstone D ovement - WB . _ WB SB - SB - NE Directions Served T R L > L Maximum Queue (ft) 2 10 79 44 58 Average Queue (ft) 0 1 26 9 19 95th Queue (ft) 2 7 65 28 47 Link Distance (ft) 582 440 98 Upstream Blk Time (%) 0 Queuing Penalty (veh) 0 Storage Bay Dist (ft) 150 200 Storage Blk Time (%) Queuing Penalty (veh) Greystone Property SimTraffic Report Weekday PM Peak - Total Traffic - Median Acceleration Lane Page 2 0 U Transportation Impact Analysis Greystone Properties, LLC Rezoning Frederick County, Virginia November 2019 0 Transportation Impact Analysis Greystone Properties, LLC Rezoning Frederick County, Virginia Prepared For: Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 Prepared By: Kittelson & Associates, Inc. 11480 Commerce Park Drive, Suite 450 Reston, Virginia 20191 (703)885-8970 Project Manager: Andrew Butsick, PE Project Principal: John Callow Project Analyst: Liz Byrom, El Project No. 240790.0 November 2019 f > l e�,�ALTHO� W l . 4 2 1��L o /I/gzd�- TyGl��w ".� ONAL, Andrew Butsick No. 0402058797 Kittelson & Associates, Inc. Traffic Engineer Greystone Properties, LLC November 2019 Table of Contents TABLE OF CONTENTS Table of Contents ........................ ExecutiveSummary................................................................................................................................ 2 Introduction.......................................................................................................................................6 ExistingConditions............................................................................................................................... 11 Transportation Impact Analysis............................................................................................................ 18 Conclusions and Recommendations..................................................................................................... 38 References.....................................................................................................................................41 APPENDICES Appendix A Scoping Letter Appendix B Traffic Counts Appendix C Level of Service Description Appendix D Existing Conditions Level of Service Worksheets Appendix F 2027 Background Traffic Conditions Level of Service Worksheets Appendix G 2027 Total Traffic Conditions Level of Service Worksheets Kittelson & Associates, Inc. I I Greystone Properties, LLC • • November 1019 Table of Contents LIST OF FIGURES Figure1. Site Vicinity Map......................................................................................................... 7 Figure2. Conceptual Site Plan................................................................................................... 8 Figure3. Zoning Map................................................................................................................. 9 Figure 4. Existing Lane Configurations and Traffic Control Devices ......................................... 12 Figure 5. Existing Traffic Conditions — Weekday AM & Weekday PM Peak Hours ................... 14 Figure 6. Existing Lane Group Levels of Service — Weekday AM & Weekday PM Peak Hours.. 15 Figure 7. Year 2027 Background Traffic Conditions — Weekday AM & Weekday PM Peak Hours .................................................................................................................................. 20 Figure 8. Year 2027 Background Lane Group Levels of Service — Weekday AM & Weekday PM PeakHours................................................................................................................ 21 Figure 9. Year 2027 Total Traffic Assumed Lane Configurations and Traffic Control Devices .. 24 Figure 10. Estimated Trip Distribution Pattern.......................................................................... 26 Figure 11. Net New Site -Generated Trips — Weekday AM & Weekday PM Peak Hours ............. 27 Figure 12. Year 2027 Total Traffic Conditions — Weekday AM & Weekday PM Peak Hours ...... 29 Figure 13. Year 2027 Total Traffic Lane Group Levels of Service — Weekday AM & Weekday PM PeakHours................................................................................................................ 30 Figure 14. VDOT Right -Turn Lane Warrants for Two -Lane Roads — Cedar Creek Grade/Site Driveway - Weekday AM & Weekday PM Peak Hours .............................................. 33 Figure 15. VDOT Left -Turn Lane Warrants— Cedar Creek Grade/Site Driveway — Weekday AM & WeekdayPM Peak Hours.......................................................................................... 34 Figure 16. Access Management Evaluation............................................................................... 36 Kittelson & Associates, Inc. iii Greystone Properties, LLC • November 2019 Table of Contents LIST OF TABLES Table 1. Existing Transportation Facilities and Roadway Designations ................................... 11 Table 2. Existing Conditions — Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection ........................................... 16 Table 3. Year 2027 Background Traffic Conditions — Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection ....... 22 Table 4. Estimated Trip Generation........................................................................................ 25 Table 5. 2027 Total Traffic Conditions — Summary of Peak Hour Levels of Service, 95th Percentile Back of Queue, and Delay for Each Lane Group by Intersection .............. 31 Table 6. Westbound Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PMPeak Hours......................................................................................................... 32 Table 7. Left -Turning Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PMPeak Hours......................................................................................................... 34 Kittelson & Associates, Inc. iv U • Section 1 Executive Summary Greystone Properties, LLC Executive Summary 0 November 2019 EXECUTIVE SUMMARY A traffic operations analysis has been conducted to confirm that the transportation system can adequately support the proposed Greystone Properties development, in fulfillment of Frederick County and Virginia Department of Transportation's (VDOT) requirements for traffic impact studies. The scope of the project analysis was developed in collaboration with County and VDOT staff. Specifically, this analysis includes: ■ Year 2019 existing land use and transportation system conditions within the site vicinity; ■ Forecast year 2027 background traffic conditions (without site development) during the weekday a.m. and weekday p.m. peak periods including in-process/approved developments and regional growth; ■ Trip generation and distribution estimates for the proposed development; ■ Forecast year 2027 total traffic conditions based on full build out of the development including queuing; ■ Access management evaluation; and, ■ Conclusions and recommendations. Based on the results of the transportation impact analysis, the transportation system can accommodate full build -out of the proposed development. The findings of this analysis and our recommendations are discussed below. Existing Conditions ■ All study intersections study intersections are anticipated to operate at LOS C or better. 2027 Background Traffic Conditions ■ Growth rates of one percent (linear) were applied to movements on public roadways to account for near -term regional traffic growth. ■ No transportation improvements or in -process developments were identified for inclusion in the background 2027 analysis. ■ All study intersections are forecast to continue to operate at LOS C or better under year 2027 background traffic conditions. Proposed Development ■ Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11 (Valley Avenue) and Route 37 (Winchester Bypass). o The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Owners of land Kittelson & Associates, Inc. 2 I Greystone Properties, LLC Rezoning • November 2019 Executive Summary parcels adjacent to the proposed development seek to rezone these properties back to agricultural usage. ■ Access to the site upon build -out is proposed via a single full -movement driveway on Cedar Creek Grade. o A future site access point is proposed along the planned West Jubal Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. ■ The development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. 2027 Total Traffic Conditions ■ All study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. o During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. ■ An evaluation of VDOT turn -lane warrants illustrated a westbound right -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A minimum 100-foot taper and 100-foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. ■ An evaluation of VDOT turn -lane warrants illustrated a eastbound left -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Access Management ■ The proposed site driveway meets VDOT access management standards noted in the Road Design Manual. Kittelson & Associates, Inc. I I Greystone Properties, LLC Rezoning Executive Summary November 2019 RECOMMENDATIONS Develop a westbound right -turn lane and an eastbound left -turn lane with 100-foot tapers and 100 feet of storage at the proposed site driveway. No other on- or off -site transportation improvements are triggered by the proposed Greystone Properties development. Kittelson & Associates, Inc. 0 • Section 2 Introduction Greystone Properties, LLC Rezoning November 2019 Introduction INTRODUCTION Kittelson and Associates, Inc. (Kittelson) prepared this report to document analysis methodologies and assumptions with regard to the proposed Greystone Properties development located north of Cedar Creek Grade between US 11 (Valley Avenue) and Route 37 (Winchester Bypass). The site, shown in Figure 1, proposes a single, full -movement access point on Cedar Creek Grade. Greystone Properties, LLC proposes to apply for a rezoning to allow the development of 300-age restricted single-family dwelling units. The site is currently approved for the development of 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. The remaining land parcels not considered for this development are being considered for rezoning back to agricultural usage. Figure 2 shows a preliminary conceptual site plan. The general topography for the study site can best be described as level to rolling -hill type terrain. Figure 3 illustrates the current zoning map for Frederick County (Reference 1). The site on which the proposed development is located is currently zoned as R4. This analysis determines the transportation related impacts associated with the proposed development and was prepared in accordance with Frederick County and Virginia Department of Transportation (VDOT) requirements for traffic impact studies. The study intersections, time periods for analysis, and scope of this project were selected after County and VDOT staff were consulted. A scoping letter provided for this project is provided in Appendix A. A traffic operations analysis has been conducted to confirm that the transportation system can adequately support the proposed development. Specifically, this analysis includes: ■ Year 2019 existing land use and transportation system conditions within the site vicinity; ■ Forecast year 2027 background traffic conditions (without site development) during the weekday a.m. and weekday p.m. peak periods including in-process/approved developments and regional growth; ■ Trip generation and distribution estimates for the proposed development; ■ Forecast year 2027 total traffic conditions based on full build out of the development including queuing and turn lane analyses, ■ Access management evaluation; and, ■ Conclusions and recommendations. Kittelson & Associates, Inc. 6 Greystone Properties, LLC Rezoning November 2019 N 37 621 Cl) 4 o] W 11 Cl) z W JUBAL EARLY DR 2 3 WEEMS LN 644 U) Z Q CREEK G��E 626 w fizz cEOAR s 0 ° SITE 522 l ^O T q O N 259 Bf 11 � 4 O O 2 FREDERICK COUNTY VA 7 J7 4 1 � ql N a N 50 522 N N t� - d d s B1 11 a a s 0- Study Intersections Site Vicinity Map Figure 0- Future Study Intersections Frederick County, VA 1 & ASSOCIATES 0 • A 1 KITTELSON ,e...+e..zo,o ■ c o q / W RA DI{TRKT 7 \i •• /p 4• : 6 41\Q . l4o RP pSTRKT � N.RYUTr>+ S.p.n pl YIJ t, _ ROn O.erRa�,iR. • a F 01.4 pR Gi F �P Rwrncre LownJ.l� G.1.0 ,m,. Vanp 6 H `■ IL Fndwk! Cwrky ZorAny M iRVR.w.P�R I i � 0 Feel /// �•+.ws { m 650 0 650 Conceptual Site Plan Figure Provided by Greenway Engineering 2 Frederick County, VA 0 • Greystone Properties, LLC Rezoning November 2019 Frederick County Zoning Map Figure Obtained from Frederick County Online GIS Database 3 Frederick County, VA '< KITTELSON & ASSOCIATES • Section 3 Existing Conditions Greystone Properties, LLC Rezoning November 2019 Existing Conditions EXISTING CONDITIONS The existing conditions analysis identifies the site conditions and current operational and geometric characteristics of the roadways within the study area. These conditions will be compared with future conditions later in this report. Kittelson staff visited and inventoried the proposed Greystone Properties development site and surrounding study area in June 2019. At that time, Kittelson collected information regarding site conditions, adjacent land uses, existing traffic operations, and transportation facilities in the study area. Transportation Facilities Table 1 summarizes the primary transportation facilities in the site vicinity. Figure 4 shows the existing lane configurations and traffic control devices at the study intersections. Table 1. Existing Transportation Facilities and Roadway Designations Number Speed On - of Limit Side- Bicycle Street Roadway Classification' Lanes (mph) Median walks Lanes Parking Surface US 11 (Valley Avenue) Other Principal Arterial 4 35 No Yes Yes No Paved Route 622 (Cedar Creek Grade) Minor Arterial 24 35 No Yes' No No Paved Route 37 NB Ramps Other Freeway or 1 N/A No No No No Paved Expressway Ramp Route 37 SB Ramps Other Freeway or 2 N/A No No No No Paved Expressway Ramp Classifications based on VDOT's 2014 Functional Classification Map. 'Four lanes east of Stoneridge Road, two lanes west of Stoneridge Road 'Sidewalks present east of proposed site entrance only. Pedestrian and Bicycle Facilities Field observations taken in the site vicinity revealed low levels of pedestrian and bicycle activity along Cedar Creek Grade, particularly to the west of Stoneridge Road, where no sidewalks are present and land uses begin to transition to less dense, single-family plots. Moderate levels of pedestrian activity were observed along US 11, where numerous commercial businesses are present. Signalized pedestrian crossings are provided at the US 11/Cedar Creek Grade/Weems Lane intersection. On -street bike lanes are present along US 11. No protected bicycle infrastructure was observed on Cedar Creek Grade. Transit Facilities The City of Winchester operates the Trolley bus route along US 11 and Cedar Creek Grade. With hourly headways between 8:00 a.m. and 6:44 p.m. on Mondays, Wednesdays, and Fridays and 10:10 a.m. and 4:34 p.m. on Saturdays (no Sunday service), the route connects many of the residential communities in Winchester to the commercial land uses along South Pleasant Valley Road (Reference 2). A Trolley bus route stop is located approximately 650 feet east of the proposed site entrance of the Greystone Properties development at the Cedar Creek Grade/Harrison Street intersection. Currently, no bus shelter is present. Kittelson & Associates, Inc. 11 Greystone Properties, LLC Rezoning 0 • November 2019 N 37 621 CO a m co I W JUBAL EARLY DR J U _2 WEEMS LN 644 C/) z LU CREEK GRAD sze W szz CEDAR 4 Ar- -STOP SIGN Existing Lane Configurations and Figure -TRAFFIC SIGNAL Traffic Control Devices 4 s J. Frederick'County, VA l�SSOCIATES Greystone Properties, LLC Rezoning • Existing Conditions • November 2019 Existing Traffic Volumes and Peak Hour Operations Turning -movement counts were obtained in May 2019 at all existing study intersections. The counts were conducted on a typical weekday morning (6:00 a.m. — 9:00 a.m.) and weekday evening (4:00 a.m. — 7:00 p.m.) during peak time periods when school was in session. Appendix 8 contains all turning movement count data sheets. Consistent with scoping requirements, operational analyses were performed at the following intersections: ■ US 11 (Valley Avenue)/Route 622 (Cedar Creek Grade)/Weems Lane ■ Cedar Creek Grade/Route 37 Northbound Ramps ■ Cedar Creek Grade/Route 37 Southbound Ramps Current Levels of Service and Volume -to -Capacity Ratios All level of service (LOS) analyses described in this report was performed in accordance with the procedures stated in the 2010 Highway Capacity Manual (HCM - Reference 3) and report HCM 2010 outputs'. A description of level of service and the criteria by which they are determined is presented in Appendix C. This analysis is based on the system hourly peak during each of the study periods to evaluate of all intersection levels -of -service. The weekday a.m. and weekday p.m. peak hours were found to occur from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., respectively. Traffic operations were evaluated using Synchro 10 in accordance with VDOT's Traffic Operations and Safety Analysis Manual v1.0 (TOSAM — Reference 4). Figure 5 shows the overall intersection operational results of the existing traffic operations analysis for the weekday a.m. and weekday p.m. peak hours. Figure 6 shows the lane group LOS. Table 2 summarizes the Synchro 10 peak hour levels of service, 95th percentile back of queue, and delay for each lane group by intersection. Appendix D contains the existing conditions level of service worksheets. 'The signal timing at the US 11/Cedar Creek Grade/Weems Lane intersection currently employs non -National Electrical t Manufacturers Association (NEMA) phasing. As such, HCM 2000 outputs atte reported for signalized intersections Kittelson & Associates, Inc. 13 Greystone Properties, LLC Rezoning November 2019 37 621 co CO a m 11 W JUBAL 2 EARLY DR U 2 WEEMS LN 3 644 Z Q � i W D: LU GRp �E 620 tu 622 GEOA R GREEK J O 0 mo3 I 1 K ~ 2 �I n 246--► LOS=B F69 Del=16.4 0D81=i6.4 z30\�+ L05=C De1=25.7 WEEKDAY AM 66 69 VIC=0.67 V/C=0.50'%- 34 r sz a 5 o' a 0 J ` a LOS=B ,l 163 -► `— CM=NB LOS=B 1L LOS=C Del=17.1 199 448 Del=12.7 r358 Del=31.3 t V/C=0.71 ,%_ WEEKDAY PM o V/C=0.72 V/C=0.19 Ar- 0 2 t tir� 6 3 a oa it C n e o CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY s (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO a Existing Traffic Conditions Figure g Weekday AM and PM Peak Hours 5 Frederick County, VA _ li �f�fII IIrrrrkjjk & ASSOCIATES Greystone Properties, LLC Rezoning • • November 2019 37 621 co co aQ m !W 11 W JUBAL Z EARLY DR J U Z WEEMS LN m 3 644 Q � W LU LU GREEK GF� GE 626 tjj 622 GEGA R J d aQ O BB CC (C B ,T B t!1 A 1. c' WEEKDAY AM C T 6 C C C BC cC c ti B�. �-B D B-4 .�- WEEKDAY PM R � D A_ r C 1 C r,- C i �1 B C ?, X - LANE GROUP LOS - STOP SIGN - TRAFFIC SIGNAL s Existing Lane Group Levels of Service Figure Weekday AM and PM Peak Hours 6 f Frederick County, VA ::; & ASSOCIATES Greystone Properties, LLC Rezoning Existing Conditions • November 2019 Table 2. Existing Conditions - Summary of Peak Hour Levels of Service, 95"' Percentile Back of Queue, and Delay for Each Lane Group by Intersection Intersection Information AM Peak Hour PM Peak Hour Existing Back Back Intersection Traffic Control Approach Lane turn -lane LOS of Delay LOS of Delay N Group lengths Queue (sec) Queue (sec) Route 622 (Cedar Creek Grade)/Route 37 Southbound Ramps (111) Signalized EB EBTR - B 135 14.8 8 74 10.7 EB Approach B - 14.8 B - 10.7 WB WBLT B 72 13.4 B 199 18.7 WB Approach B - 13.4 B - 18.7 SB SBLT - 8 71276 19.8 C 4274 20.3 SBR 650 B 25 10.2 B 37 13.4 SB Approach B - 18.1 B 18.5 Overall LOS B - 16.4 B - 17.1 Route 622 (Cedar Creek Grade)/Route 37 Northbound Ramps (112) Two-way Stop -Controlled EB EBLT A 10 8.6 B 10 11.2 EB Approach - 1.8 - 1.7 WB I WBTR 0 0.0 0 0.0 WB Approach - 0.0 - 0.0 NB I NBLTR C 38 16.4 B 18 12.7 NB Approach C - 16.4 B - 12.7 US 11TR Route622(CedarCreek (Valley Avenue)/ Ro Grade)/Weems Lane (I13) Signalized EB EBL B 139 19.3 C 124 34.0 EBT C 196 29.2 D 224 49.2 EBR 370 C 60 26.0 D 60 38.9 EB Approach C - 25.0 D - 41.5 WB BL - C 50 26.0 C 136 33.1 �We - C 45 30.8 D 198 45.8 WB Approach C - 29.1 D - 42.2 NB NBL 340 B 77 17.6 C 11284 21.3 NBT - C 154 25.5 C 223 24.3 NBR 235 C 0 22.0 C 35 21.2 NB Approach C - 23.5 C - 22.9 SB SBL 370 C 30 22.0 C 63 20.1 SBT - C 151 29.4 C 214 29.2 SBR 350 C 0 25.4 C 53 25.4 SB Approach C - 28.1 C 27.2 Overall LOS C - 25.7 C 31.3 #95"' percentile volume exceeds capacity; queue may be longer. As shown in the figures and Table 2, study intersections are anticipated to operate at LOS C or better. Kittelson & Associates, Inc. 16 n L� 0 Section 4 Transportation Impact Analysis Greystone Properties, LLC Rezoning • • November 2019 Transportation Impact Analysis TRANSPORTATION IMPACT ANALYSIS The transportation impact analysis identifies how the study area's transportation system will operate through total build out of the project. The Greystone Properties development is anticipated to be constructed and built out by year 2027. Traffic impacts of the proposed Greystone Properties development during the typical weekday a.m. and weekday p.m. peak hours were examined as follows: • Year 2027 background traffic conditions were developed by applying a one percent linear annual growth rate to traffic on public roadways. • Year 2027 background weekday a.m. and weekday p.m. peak hour traffic conditions were analyzed at each of the study intersections. • Site -generated trips were estimated for the proposed site plan. • Site trip distribution patterns identified and confirmed through the scoping process were derived from existing traffic patterns and major trip origins and destinations in the study area. • Year 2027 total traffic conditions were analyzed at each of the study intersections and site - access driveways during the weekday a.m. and weekday p.m. peak hours. YEAR 2027 TRAFFIC CONDITIONS In the 2027 background analysis, traffic operations prior to full build -out of the proposed development are analyzed for the purposes of establishing a baseline against which to measure the specific impacts of the proposed development. Background growth in traffic volumes is attributed to regional growth in the area as well as any specific development within the study area. These two components of growth are discussed below. Regional Growth A one percent annual growth rate for traffic on public roadways was identified and confirmed through the scoping process to account for near -term regional traffic growth. This growth rate was grown linearly to forecast year 2027 background traffic volumes. In -Process Developments No in -process developments are anticipated within the study network by the year 2027. Planned Transportation Improvements No transportation improvements are anticipated within the study network by the year 2027. Kittelson & Associates, Inc. 18 Greystone Properties, LLC Rezoning • November 2019 Transportation Impact Analysis 2027 Background Traffic Conditions Figure 7 shows the overall intersection operational results of the year 2027 background traffic operations analysis for the weekday a.m. and weekday p.m. peak hours. Figure 8 shows the lane group LOS. Table 3 summarizes the peak hour levels of service, 95th percentile back of queue, and delay for each lane group by intersection. Appendix E contains the 2027 background traffic operational analysis worksheets. Kittelson & Associates, Inc. 19 Greystone Properties, LLC Rezoning 46 . November 2019 37 621 0) a m 11 W JUBAL i EARLY DR Z Z WEEMS LN J U) 644 Z I L GRp O� 628 It]622 CiE�P R GREEK J O 1 �o zj CM=NB 266� LOS=B �-75 154 _4 LOS=C 1`23s Del=18.0 589 Del=16.6 ?49� LOS=C Del=26.1 WEEKDAY AM 71 75 �118 VIC=0.71 V/C=0.35 V/C=0.53 �B r'si �1 t o-0 i ' i mom h LOS=B ,JI LOSNB 1` '52-' LOS=C Del=33.2 Dal=19.2'-215 485—► DBI=13.2 .-38g V/C=0.78 'w'3 WEEKDAY PM VIC=0.77 V/C=0.20 ? r7j� ** 1 /� 4 t N N � i C CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF zi 9 SERVICE (UNSIGNALIZED) s Del = INTERSECTION AVERAGE CONTROL DELAY i (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO 0 N Year 2027 Background Traffic Conditions Figure Weekday AM and PM Peak Hours 7 Frederick County, VA g 1' `?: & ASSOCIATES Greystone Properties, LLC Rezoning . 0 November 2019 37 621 co a m �1 � W JUBAL 2 EARLY DR Z U 2 WEEMS LN co 644 Z Q t LU GRAD 626 tu 622 GEGA R %REEK J O BC CC .1 �. a C —. B .T B a C' � WEEKDAY AM c —L r" C C C i BC CC �1C ti B� •�-C o e WEEKDAY PM *' o -�- r' C c C i B C i r 0 X - LANE GROUP LOS -0- -STOP SIGN i - TRAFFIC SIGNAL Year 2027 Background Lane Group Levels of Service Figure Weekday AM and PM Peak Hours 8 Frederick County, VA & ASSOCIATES Greystone Properties LLC Rezoning • 0 November 2019 Transportation Impact Analysis Table 3. Year 2027 Background Traffic Conditions - Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection Route 622 (Cedar Creek Grade)/Route37 Southbound Ramps Signalized EB I EBTR B 1 144 15.2 B 1 79 11.1 EB Approach B - 15.2 B - 11.1 WB WBLT B 78 13.7 C 221 21.8 WB Approach B - 13.7 c - 21.8 SB T - C tt304 23.2 C tt334 22J(it1) hSBBL 650 B 26 10.4 B 40 14.1 SB Approach C - 20.8 C - 20.4 Overall LOS B - 18.0 B - 19.2 Route 622 (Cedar Creek Grade)/Route 37 Northbound Ramps (R2) Two-way Stop -Controlled EB EBLT A 13 8.6 B 13 11.6 EB Approach - - 1.8 - - 1.7 WB I WBTR 0 0.0 0 0.0 WB Approach - 0.0 - 0.0 NB NBLTR C 38 16.6 B 20 13.2 NB Approach C - 16.6 B - 13.2 US 11WBTR Route622(Cedar Creek (Valley Avenue)/ Ro Grade)/Weems Lane (tt3) Signalized EB EBL B 150 19.4 c 134 34.8 EBT C 212 29.6 D 243 50.0 EBR 370 C 62 26.0 D 67 38.4 EB Approach C - 25.1 D - 41.7 WB WBL - C 53 25.7 C 147 33.9 - C 47 30.7 D 215 46.7 WB Approach C - 28.9 D - 43.1 NB NBL 340 B 80 17.9 C it352 28.0 NBT - C 162 26.1 C 243 26.6 NBR 235 C 0 22.3 C 45 22.8 NB Approach C - 24.0 C - 26.3 SB SBL 370 C 30 22.4 C 66 20.6 SBT - C 157 30.3 C 233 31.6 SBR 350 C 0 25.8 C 55 26.8 SB Approach C - 28.9 C - 29.2 Overall LOS C 26.1 C - 33.2 N9511 percentile volume exceeds capacity; queue may be longer. As shown in the figures and Table 3, study intersections and critical movements are anticipated to continue to operate at LOS C or better. 0 Kittelson & Associates, Inc. 22 Greystone Properties, LLC Rezoning Transportation Impact Analysis • November 2019 PROPOSED DEVELOPMENT Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11 (Valley Avenue) and Route 37 (Winchester Bypass). The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Access to the site upon build -out is proposed via a single full - movement driveway on Cedar Creek Grade. A future site access point is proposed along the planned West Jubal Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. Figure 9 illustrates the assumed lane configurations and traffic control devices under year 2027 total traffic conditions. Kittelson & Associates, Inc. 23 Greystone Properties, LLC Rezoning . 0 November 2019 37 621 67 a m a 11 W W JUBAL Z EARLY DR Z J _2 WEEMS LN 644 U) Z � ilf W � Rp,DE � GREEK Gsz6 � szz GEpAR �'D CL O © O i :I i 5 S Year 2027 Total Traffic Assumed lane Configurations Figure and Traffic Control Devices 9 Frederick County, VA 4 ,�r f`\:"& ASSOCIATES Greystone Properties, LLC Rezoning "� • November 2019 Transportation Impact Analysis Trip Generation Trip generation estimates for the proposed development were developed using rates specific to VDOT's Staunton District developed by VDOT staff. Table 4 summarizes the trip generation estimates for the proposed development. Table 4. Estimated Trip Generation 'Per VDOT staff direction, Weekday Daily, Weekday AM Peak Hour, and Weekday PM Peak How• trip generation rates were obtained from VDOT Staunton trip generation methodology. As shown in Table 4, the development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. Trip Distribution and Trip Assignment Trip distribution estimates for the proposed project were developed based on anticipated future travel patterns observed near the site and a major origin/destination patterns in the site vicinity. Figure 10 illustrates the estimated trip distribution pattern, which was confirmed through the scoping process. Figure 11 illustrates the assignment of net new trips to the surrounding roadway network during the weekday a.m. and weekday p.m. peak hours. Kittelson & Associates, Inc. 25 Greystone Properties, LLC Rezoning November 2019 N 77 co co a Co o \° Cl)N w r 621 U 2 W JUBAL tt EARLY DR J 614 wE 20°i° e 622 EMS LN U g 1 CEDAR CREEK GRADE 626 W J �O a a � c g ONO a e 8 s Trip Distribution XX% Estimated Trip Distribution Figure g Frederick County, VA 10 ;i & ASSOCIATES Greystone Properties, LLC Rezoning 0 9 November 2019 37 621 co a m m W JUBAL Z EARLY DR 2 WEEMS LN m 644 Ui Ui GREEK GRPDE sz6 szz GEDAR O © O N � Ilk i18 0 .4--1 s--► t-24 14/ WEEKDAY AM r 23 i 8 � m o a2 JN ryh 1 —► �-- 1 1s--- ► `10 f--14 I �14._X lj 41 WEEKDAY PM 13 � 73 I' N N N Net New Site -Generated Trips Figure ` Weekday AM and PM Peak Hours 11 Frederick County, VA C. i & ASSOCIATES Greystone Properties, LLC Rezoning • November 2019 Transportation Impact Analysis 2027 TOTAL TRAFFIC CONDITIONS The year 2027 total traffic conditions analysis forecasts how the transportation system in the study area will operate after full build out of proposed development. Site -generated trips shown in Figure 11 were added to year 2027 background volumes shown in Figure 7 to arrive at the 2027 total traffic volumes shown in Figure 12. Figure 13 shows the lane group LOS for the weekday a.m. and weekday p.m. peak hours. Table 5 summarizes the Synchro 10 peak hour levels of service, 95th percentile back of queue, and delay for each lane group by intersection. Appendix F contains the year 2027 total traffic conditions operational worksheets. Kittelson & Associates, Inc. 28 Greystone Properties, LLC Rezoning • 0 November 2019 37 621 co a m IW 11 co W JUBAL Z EARLY DR Z WEEMS LN 644 z Q o; LU R GREEK GRADE 628 Ljj s22 GEDA � ,, O © 4 om LOS=B CM=NB 266--► �76 154� LOS=C �25671 Del=18.5 97 595—+ ?�9 ti LOS=C 0VIC=0.39 AM D&W.1 -+-142 V/C=0.72 V/C=0.37 v/cos7. iWEEKDAY V)ttwIrk 5 G/ov pug ry�m LOSCM=NB 178--► ol=20 �225 841 LOS=B �612 52� CM=SB ?s 3� LOS=F rg66 3 Del 34.9 WEEKDAY PM VIc-0Bo 1229 504� Dot=14.0 4-401 V/C=0.25 41� Dol=93.6 585�' V/C=0.58 RV/C=0.83mq? 1 A,— of 1� 4 CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF ' SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIG NALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO Year 2027 Total Traffic Conditions Figure Weekday AM and PM Peak Hours 12 s Frederick County, VA & ASSOCIATES Greystone Properties, LLC Rezoning • November 2019 37 621 Go a m 11 W JUBAL Z EARLY DR Z WEEMS LN U 3 Z 644 Q � CREEK GRACE W sze W szz GEOPR J J O © O gCC CC n O r WEEKDAY AM C CC C BC pG C C D � O B�► �-C B-r► � e� r WEEKDAY PM C r� (" C C B C CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO Year 2027 Total Traffic Lane Group Level of Service Figure Weekday AM and PM Peak Hours k Frederick County, VA 13 ", �: & ASSOCIATES Greystone Properties, LLC Rezoning • • November 2019 Transportation Impact Analysis Table 5. 2027 Total Traffic Conditions - Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection Route 622 (Cedar Creek Grade)/Route 37 Southbound Ramps (tt1) Signalized EB I EBTR B 1 144 15.2 I B 79 11.0 EB Approach B - 15.2 B - 11.0 WB WBLT B 91 14.6 C 232 22.8 WB Approach B - 14.6 C - 22.8 SB SBLT - C t1310 24.1 C tt371 25.4 SBR 650 B 26 10.4 B 42 14.5 SB Approach C - 21.6 C - 22.6 Overall LOS B - 18.5 C - 20.5 622 (Cedar Creek 37Northbound Ramps (tt2) Two-way Stop-Controlledch EBLT A 13 8.8 B 13 11.8Route h - 1.8 - 1.7Grade)/Route WBTR FA 0 0.0 0 0.0 - 0.0hB#25 0.0 NBLTR C 43 17.114.0 NB Approach C - 17.114.0 US 11WBTR Route622(Cedar Creek (Valley Avenue)/ Ro Grade)/Weems Lane (H3) Signalized EB EBL B 167 19.3 D 4147 36.5 EBT C tt249 29.7 D 257 50.7 EBR 370 C 67 25.7 D 69 38.0 EB Approach C - 25.0 D - 42.2 WB WBL - C 53 25.7 C 147 34.4 - C 51 30.7 D 226 47.8 WB Approach c 29.0 D - 44.2 NB NBL 340 B 85 19.4 C 4426 32.7 NBT - C 162 26.7 C 243 27.1 NBR 235 C 0 22.7 C 45 23.1 NB Approach C - 24.4 C - 28.0 SB SBL 370 C 30 23.0 C 66 22.2 SBT - C 157 31.2 C 233 34.2 SBR 350 C 0 26.5 C 57 28.9 SB Approach c 29.7 C - 31.5 Overall LOS C 26.4 C - 34.9 Route 622 (Cedar Creek Grade)/Site Driveway (g4) Two-way Stop -Controlled EB EBL 100 A 0 8.0 B 5 11.2 EBT 0 0.0 0 0.0 EB Approach - - 0.1 - 0.7 WB WBT 0 0.0 0 0.0 WBR 100 0 0.0 0 0.0 WB Approach - 0.0 - 0.0 SB SBL rD 43 32.0 F 65 93.6 SBR 5 10.4 C 8 19.3 SB Approach 24.4 F 67.8 a95t" percentile volume exceeds capacity; queue may be longer. As shown in the figures and Table 5, all study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a Kittelson & Associates, Inc. 31 Greystone Properties, LLC Rezoning • • November 1019 Transportation Impact Analysis gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. Turn -Lane Evaluation The subsequent sections evaluate the need for turn -lanes on Cedar Creek Grade into the proposed site based on forecast year 2027 total traffic volumes. Northbound Right -Turn Lane Per Appendix F of the VDOT Road Design Manual (RDM), right -turn lanes into a private entrance are required on a two-lane roadway if the warrants in Figure 3-26 are met. Table 6 illustrates the applicable volumes required for the right -turn lane warrant analysis, while Figure 14 illustrates the application of these volumes to Figure 3-26 of Appendix F of the VDOT RDM. As shown, a full -width right -turn lane and taper are projected to be warranted during the weekday p.m. peak hour under year 2027 total traffic volumes. Per Figure 3-1 of Appendix F of the VDOT RDM, a minimum 100-foot taper and 100- foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. Table 6. Westbound Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours Kittelson & Associates, Inc. 32 Greystone Properties, LLC Rezoning • • November 2019 Transportation Impact Analysis Figure 14. VDOT Right -Turn Lane Warrants for Two -Lane Roads — Cedar Creek Grade/Site Driveway - Weekday AM & Weekday PM Peak Hours 120 rr 100 a 8o so S2 40 a 20 PliV APPROACH TOTAL, VEHICLES PER HOUR o Weekday AM o Weekday PM 1,042 Field observations showed northbound right -turns into the adjacent commercial entrance on Noble Pond Way are able to complete their maneuver while northbound through movements bypass to the inside without encroaching into the opposing travel direction. As Noble Pond Way is currently 40-feet wide without pavement markings (local roadway), the development of a striped northbound right -turn taper will not be assumed. Southbound Left -Turn Lane Per Appendix F of the VDOT RDM, left -turn lanes into a private entrance are required on a two-lane roadway if the applicable warrants in Table 3-1 and/or Figures 3-5 through 3-22 are met. With a posted speed of 35 miles -per -hour (assumed design speed of 40 miles -per -hour) and left -turns into the site entrance accounting for approximately five percent of the southbound advancing volume, Figure 3-5 of the VDOT RDM is the most applicable warrant for the Cedar Creek Grade/Site Driveway intersection. Table 7 illustrates the applicable volumes required in the warrant analysis at the site entrance, while Figure 15 illustrates these volumes to Figure 3-5 of Appendix F of the VDOT RDM. As shown, a 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Kittelson & Associates, Inc. 33 Greystone Properties, LLC Rezoning Tronsportotion Impoct Analysis • November 2019 Table 7. Left -Turning Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours Figure 15. VDOT Left -Turn Lane Warrants— Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours MINIM d 700 W 600 J 500 O > 400 0O 300 IZ n- 200 0 > 100 - !- I _ --- - - - 1- - -- :"FID- -- - - - ! At Grado. Un5!gnahz<:d Interfccllons - -- L ^S Lott Turns In VA S = Storago Length Requued V = 40 mph (Dosign Specd) - - L _ Soo -1- + No Left -Turn Lane Required -i^ l- I- i ;-J ( I V 200 400 600 800 1000 VA ADVANCING VOLUME (VPH) o Weekday AM o Weekday PM ACCESS MANAGEMENT EVALUATION An evaluation of the proposed full -access movement on Cedar Creek Grade was performed with respect to VDOT's Access Management policies (Reference 5). Figure 16 illustrates the proposed spacing of the full -movement driveway with respect to the adjacent roadways on Cedar Creek Grade. Spacing from Adjacent Full -Movement Access Entrances Per Table 2-2 in Appendix F of the VDOT RDM, the minimum spacing for a full -movement entrance on Cedar Creek Grade (posted 35 miles -per -hour) from an adjacent full -movement access is 470 feet. As shown in Figure 16, the proposed entrance is approximately 530 feet away from Stoneridge Road to Kittelson & Associates, Inc. 34 Greystone Properties, LLC Rezoning Transportation Impact Analysis the east and approximately 550 feet from the private driveway to the single-family home to the west. Therefore, the proposed location of the full -movement site driveway meets minimum spacing standards from adjacent full -movement access entrances. Spacing from Adjacent Partial Access Entrances Per Table 2-2 in Appendix F of the VDOT RDM, the minimum spacing for a full -movement entrance on Cedar Creek Grade (posted 35 miles -per -hour) from an adjacent partial access is 250 feet. As shown in Figure 16, the proposed entrance is approximately 395 feet away from the private driveway to the single-family home to the east. Therefore, the proposed location of the full -movement site driveway meets minimum spacing standards from adjacent partial access entrances. Kittelson & Associates, Inc. • Greys tone Properties, LLC Rezoning November 2019 _w )� Alf w 1 ! 317E DYYY ' :D SPACING FROM ADJACENT FULL -ACCESS ' ` PROPOSED SPACING FROM ADJACENT PARTIAL -ACCESS Access Management Evaluation Figure Frederick County, VA 16 '! KITTELSON & ASS01" : - 0 • Section 5 Conclusions and Recommendations Greystone Properties, LLC Rezoning • November 2019 Conclusions and Recommendations CONCLUSIONS AND RECOMMENDATIONS Based on the results of the transportation impact analysis, the transportation system can accommodate full build -out of the proposed development and assuming provision of the recommended mitigations. The findings of this analysis and our recommendations are discussed below. Existing Conditions ■ All study intersections study intersections are anticipated to operate at LOS C or better. 2027 Background Traffic Conditions ■ Growth rates of one percent (linear) were applied to movements on public roadways to account for near -term regional traffic growth. ■ No transportation improvements or in -process developments were identified for inclusion in the background 2027 analysis. ■ All study intersections are forecast to continue to operate at LOS C or better under year 2027 background traffic conditions. Proposed Development ■ Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11(Valley Avenue) and Route 37 (Winchester Bypass). o The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Owners of the adjacent land parcels not considered for this development seek to rezone their property back to agricultural usage. ■ Access to the site upon build -out is proposed via a single full -movement driveway on Cedar Creek Grade. o A future site access point is proposed along the planned West Jubal Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. ■ The development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. Kittelson & Associates, Inc. 38 Greystone Properties, LLC Rezoning November 2019 Conclusions and Recommendations 2027 Total Traffic Conditions ■ All study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. o During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. ■ An evaluation of VDOT turn -lane warrants illustrated a westbound right -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A minimum 100-foot taper and 100-foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. ■ An evaluation of VDOT turn -lane warrants illustrated a eastbound left -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Access Management ■ The proposed site driveway meets VDOT access management standards noted in the Road Design Manual. RECOMMENDATIONS Develop a westbound right -turn lane and an eastbound left -turn lane with 100-foot tapers and 100 feet of storage at the proposed site driveway. No other on- or off -site transportation improvements are triggered by the proposed Greystone Properties development. 0 Kittelson & Associates, Inc. 39 Greenway Engineering r� U • March 25, 2021 Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 3800G/EAW Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated October 16, 2019; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 119.27-± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for- this acreage. B) Transportation The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance File# 3800G/EAW Greenway Engineering March 25. 2021 • Tax Parcels 53-A-90 thni 9213 53-A-A K 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade I -1provernents Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 3800G/EAW � s Greenway Engineering March 25. 2021 Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted corrununity. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall hoed this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250`I' fiiIR4 Certificate of Occupancy Permit within the 119.27:h acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25. 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County at-o Bost to the Owners during the 25-year reservation period if the County is successful in securing approved road design plans €e-r and if fiinding is made available for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans fe'F and if funding is notmade available for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is -74 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and File# 3800G/EAW 4 Greenway Engineering March 25. 2021 • Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A temporary easements along both sides of the -74 80-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 74 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The -74 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County at-no-eastt to-tl e--Omr, er, during the 25- year reservation period if the County is successful in securing approved road design plans and if funding is -made -available for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 74 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans for- and i-f funding is --not in de -available for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. C) Sanitary Sewer Conveyance The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. >. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to constrict a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 3800G/EAW s Greenway Engineering 0 March 25. 2021 "rax Parcels 53-A-90 thni 9213 53-A-A &. 63-A-2A D) Monetary Contributions 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27f acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File# 3800G/EAW Greenway Lngincering March 25, 2021 • Tax Parcels 53-A-90 thru 92B 53-A-A 8: 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family Pile# 38000/GAW Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thru 9213 53-A-A &, 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated October 16, 2019; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Gre- sy tone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 3800G/EAw 2 Greenway Engineering March 25, 2021 I'm Parcels 53-A-90 Ihni 9213 53-A-A 8c 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without Impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 6. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners k rile# 38000/EAW 3 Greenway Enginecring 46 March 25, 2021 • Tax Parcels 53-A-90 thru 9213 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a Future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Juba] Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall Construct this improvement ill Conjunction With the final phase of development which shall be completed prior to the issuance of the 250°i Certificate of Occupancy Permit within the 1 19.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful In securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer- to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area rile# 3800G/GAW 4 Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thm 9213 53-A-A &. 63-A-2A consistent with the approved road design plan for this construction project. The 80-fool right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Juba] Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File#t 38000/GAW 5 Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 dhru 9211 53-A-A K 63-A-2A D) Monetary Contributions 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as infoI'mation on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages Pile# 3800G/EAW 6 Greenway Engineering March 25, 2021 . l'ax Parcels 53-A-90 thm 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, adnunistrators, assigns and successors in the interest of the Owner. 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: �roperties, , mQYlq, , z�- 5 j Greytone LLC Day6 Commonwealth of Virginia, City/County of G() To Wit: The foregoing instrument was acknowledged before me this day of R114X n , , n. W 20�/ by YAM L-I;,,l t/ NICFARLAND ORNDORFF 'sJOT/iRl' PUBLIC REG. #7901519 - , M1fMi0NWEALTH OF VIRGINIA Notary Public My Commission Expires File# 38000/EAW 7 Greenway Engineering March 25, 2021 � Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A Owner Sipnature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 Subnutted: i /�4 G �L 740 LLG ate Commonwealth of Virginia, City/County of 1/L�i nC /�f To Wit: The foregoing instrument was acknowledged before me this ��day of A/?✓ , 20 2-1 by %fr, l mac_ �I Notary Public My Commission Expires _4 Roberta Deane Hardy Notary•Public Commonwealth of Virginia Reg. ## 727149 My Commission Expires ' 31 `2 File# 38000/EAW 8 Greenway Lnginecring March 25, 2021 • rax Parcels 53-A-90 lhni 9213 53-A-A & 63-A-2A Owner Sif,nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 750, LLC Date Commonwealth of Virginia, City/County of I q i 1' LJ tl To Wit: The foregoing instrument was acknowledged before me this 20 'Zl by My Comnussion Expires UL --0 2, Z( Roberta Deane Hardy Notary -Public Commonwealth of Virginia Reg. t E 7271 490 My Commissions Expire day of � Notary Public Pile# 38000/) AW 9 Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thm 9213 53-A-A SC 63-A-2A Owner Si;;nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 Subnutted: Willow Grove.V LC bate/ Commonwealth of Virginia, City/County of hli ncdl z s +r— V- To Wit: The foregoing instrument was acknowledged before me this 3c�.f' 20'71 by My Conuiussion Expires Al U : 2W21 Roberta Deane Hardy Notary.Public Commonwealth of Virginia Reg. fr 7271490 My Commission Expires L- 7y day of CX Notary Public Pile# 3800G/EAW 10 Greenway Enginccring March 25, 2021 • 1'ax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 Subnutted: Willow Springs Estate, LLC Date Commonwealth of Virginia, City/County of YV I OchrS�-✓ To Wit: The foregoing instrument was acknowledged before me this 36 day of i 20 ZI by -0, 4✓ �! Notary Public My Comnussion Expires (z " " `� 2e,?— He# 3800G/EAW Greemvay 1?11gincering March 25, 2021 • Fax Parcels 53-A-90 dim 92n 53-A-A k 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Greystone Properties, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires rile# 3800G/EAw 7 Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thru 9213 53-A-A 8-, 03-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 740, LLC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Date To Wit: day of Notary Public Pile# 3800G/EAw 8 Greenway Engineering March 25, 2021 I'ax Parcels 53-A-90 thm 9211 53-A-A & 63-A-2A Owner SiLynature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 750, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires rile# 3800G/EAW 9 Greenway Eniginecring March 25, 2021 Tax Parcels 53-A-90 thm 92B 53-A-A c� 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Willow Grove.V LC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File# 38000/GAW 10 n Grcemway 1?11gincering March 25, 2021 • Tax Parcels 53-A-90 thiu 9211 53-A-A Nl 63-A-2A Owner SigmtUre Tile Conditions proffered Above shall be binding Upon the heirs, CXCCLIt01'S, administrators, assigns and successors in the interest of the Owner. 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: Willow Springs Estate, LLC Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires rile# 38000/EAW Greenway E:ngincering • March 25, 2021 Tax Parcels 53-A-90 thru 9213 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE I+AMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residcntial Performance District and RA, Rural Arcas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 1 19.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 3800G/EAw • Creenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thm 9211 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 3800G/GAW 2 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 (lim 9211 53-A-A &, 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing Lip onto Cedar Creek Grade and shall provide fora sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without impacting thl-OLlgh traffic movement On the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed Improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means Of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 38000/EAW 3 Greenway Engineering Tax Parcels 53-A-90 thm 9211 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 clays of written request by the County subsequent to final road design plan approval required for construction of this project. Tile Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted Co111111LIllity suffiCient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improveIllent in conjunction with the final phase of development which shall be completed prior to tile issuance of the 250i1' Certificate of Occupancy Permit within the 1 19.27± acre project area. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Juba] Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area Greenway Engineering March 25, 2021 Tax Parcels 53-n-90 thm 9211 53-n-A k 63-n-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary caserllent areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of' rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is Successful ill Securing approved road design plans and funding for the complete construction of the future West Jubal Carly Drive extension project between the existing right -of' -way in the City of' Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years fi•om the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Carly Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. Tile Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 380OG/GAw 5 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90lhni 9211 53-A-A Sk 63-A-2A D) Monetary contributions 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as Information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File# 38000/EAW 0 • Greenway E:nginecring March 25, 2021 Tax Parcels 53-A-90 Hilo 92B 53-A-A & 63-A-2A Ownei- SiLnatnre The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Greystone Properties, LLC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Date To Wit: day of Notary Public rile# 3800G/EAW 7 0 • Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 dim 9211 53-A-A & 63-A-2A Ownei, Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 740, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires rile# 3800G/EAw 8 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thm 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of' the Owner. 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: 750, LLC Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires rile# 3800G/EAW 0 0 Greenway I3ngincering March 25, 2021 Tax Parcels 53-A-90 thru 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Willow Grove.V LC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Date To Wit: day of Notary Public rile# 3800G/GAW 10 Greenway t:nginecring March 25, 2021 Tax Parcels 53-A-90 thm 9211 53-A-A S: 63-A-2A Ownel' SignfltUCe The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 ill the Frederick County Code. Respectfully Submitted: By: Willow Springs Estate, LLC Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires rile# 3800G/GAW Date To Wit: day of Notary Public u Greenway Gngincering March 25, 2021 rax Parcels 53-A-90 thm 9211 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-9213 and 53-3-A) as identified on the attached Greystone Properties & White Family File# 38000/GAw 0 r� L Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thtu 9211 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Sprinhs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 38000/EAw 2 Greemaay Engineering March 2.5, 2021 Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 3800G/EAW 3 • 0 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thni 92H 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted C0111111ulllty and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age-resti'Ictcd C011111111111ty Sufficient for a future gated aCCCSS C01111CCtiOn t0 the future extension Of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted Conlnlunity. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up Onto West Jubal Early Drive and Shall provide for a sufficient vehicle recovery area to allow vehicles t0 turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this illlpl'OVCn1Cllt in Conjunction With the final phase of development which shall be completed prior to the issuance of the 250°i Certificate of Occupancy Permit within the 1 19.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. Tile right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful In securing approved road design plans and fuIlding for the complete construction Of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area rile# 3800G/EAW 4 Greenway Lngineering Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is Successful in Securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not Successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Sanitary Sewer Conveyance The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer- pump station and 12-inch sewer force main serving the age - restricted dwelling units. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. 0 . Crecna ay Engineering March 25, 2021 Tax Parcels 53-A-90 thru 9211 53-A-A & 63-A-2A D) Monetary Contributions 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File# 3800C/EAW Grccnway Engineering MMarch 25, 2021 l'ax Parcels 53-A-90 lhrn 9211 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 1 19.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 38000/EAw Greenway Engineering March 25, 2021 • Fax Parcels 53-A-90 (hm 9211 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Mal) Exhibit dated October 16, 2019; development of the 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 Owners and Such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Mal) Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maxlllll1111 of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential PerformaIce District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 3800G/EAw 2 Greenway Engineering March 25, 2021 'I'm Parcels 53-A-90 th a 9211 53-A-A & 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing Lip onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate it necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide Safe turning 1110VCII1CIltS for vehicles entering and exiting the age -restricted C0111111Lllllty without Impacting thrOLlgh traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 6. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 3800G/EAw 3 Grcenway Engineering • March 25. 2021 • 'I'ax Parcels 53-A-90 thm 92B 53-A-A << 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted Co111111u111ty and further proffer to provide the permanent and temporary casements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jabal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jabal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate it' necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250`I' Certificate of Occupancy Permit within the 1 19.27± acre project area. S. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jabal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area File# 3800G/EAW 4 Green+way Gngincering March 25, 2021 � Tax Parcels 53-A-90 thm 9211 53-A-A N-, 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right -of -Way and permanent and temporary casement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is Successful in securing approved road design plans and funding for the complete COIIStrL1CtiO11 of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary casements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securiIg approved Toad design plans and funding for the complete Construction Of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sever Conveyance 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and Chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 38000/GAw 5 Greenway Engineering March 25, 2021 � Tax Parcels 53-A-90 thiu 9211 53-A-A & 63-A-2A D) Monetary Contributions The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that Is cleated prior to the Issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and Install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages Rile# 3800G/EAW 00 1/0 Lea*n� Parcel Boundary QSubject Parcels I _J Winchester Llmrts Frederick County Zoning — R4 (Residential. Planned Community District) RA (Rural Area D stnct) Feet RP (Residential, Performance Dutnct) 700 0 700 2018on. SI A90 e4 C / 50 SITE V1 WINCHESTER eS� 8r 7 LOCATION MAP JD •,, NANOLtY OR � aQ Y� �'%,4p r �! �taeFJtr� F. �r 0 ( q CHELSEA DR w DR SEEHIVEIV0Y—O G rAnopv� HILLYAN on f I C£W,µ Cider GRADE i. a sir j � f � r 1 W = 4 m L o n � t33? Ri a! jf 3� W S � O Z Z ar w U LU Z �P O � O H as U O w O � O a Q 1�y U) J Z LU cr 0w ON Q WWIn`cMstN 8� Western RR y A,q i x S2A98 0e Y//S.3A A o��� j : ►1 A/ S2 7 A No 4\ VH^f �*Uck AR ON S]AM W Aar e2Ae2 fJ 53AN Lsaend �;=T Parcel Boundary / OSubpd Parcels r I 1Mnrineae. Lim+b r Urban Development Ares (UDA) b - Sewer Force Main - Water Main 'AGO Feet �-. •cEDAa�EKdt g 1,000 0 1,000 [-,d, l .. �.. So.v ,--. C my A G.S D--I 70'9 D.. 3 iT UFp Sr ORD. IV "a 11 arc, a ARVO t I4 t "4&o,, \ d� w R� \lb b A. y O y c >n y eve\i W/ /.53Aa1 i T moo\ t Ox r wAr� Cr TAFT e / ' Wegtem RRT wG�TT3 N OR w gpt 74*Y w a a x w F UY �� LU w � L C9 c� z z 10 rn w wm �U) m W W a,,- Ow �a aO wm za OJ CLL 0 w a a w Q F z w a O J w w 0 z m m l� 7!�'�j lyis�,r16�s c ^ cps/ ul` j GD CT u d ` l M v \^y ii 37 A S2! SEtnoNDR b .s g _ / Sl A 515.. ^' 62 A as - �� 64 Z -0 i �\ Wz / AVte a25� a ,U �./ o w L W a S32A W L.") Is LU > L�d y s �� PEYBERT ~ W s �W ff ff � s >too q ,_�^� + lr� ^b i �+ Joy 7X DR W Parcel Boundary gg `* � 3 X� CT� � '�btPHa� Q "' U o QSubjectParcels S if r° SOG w ¢ u Wetland (NWI) �y 4`f CNEta s F a u z IL Lake a Pond y� % a o o w '® ( �VE WAY K F Q > 100 Year Fbodplein / 1 �J // a Z ui — - Stream ayERF \ �� 2 cn o y R23 $ tN �1' \�1/� / /`�. 2 O Q C7 O r 5 Fool Intermediate Contours �' v ®�Cr�� /��jw Z i V w �1 LPL' Z w O U� o 25 Fool Index Contours , rR r W > Wtr R Feet �`' to A! G� R CRE6( GRADE r 0 W Q" o 650 0 650 4F, �' -eoo' / ��` �� eG DR aso—� ✓ a ` Iff yip Dao 5s— dyne Cary. N GIS D�l 7D19 DN l i O r ,ii Y C) 2 m C P Z o ^ IS7 A 90 �'40 ST y_ L� P CLs 29 g F Gt 6 _I yO gW-ELDON DR n as VY S a 3' m 57 A o1 % P O (�16D 14C < 14D -jw 17C 14C \ 2 S] 7 A P%< 17C F/p 7 16C 160 I '4D 14B Feet 650 0 650 / / Ir IM" O.r Swn FIMrl01 Co1RLf V GLS D.P —' 2019 JAY :. 53A90 02 � O OP Qz K'! JONN O Et 44 R Z y W z k, \Nay W 1 � t � •b� kq ��v AVE � W \ 51 V ? Z S7 A 97 A !7.✓ , Z 14C .60 w 14(, W W i aB 9y � � Q 3I /�/ F `�Y'� ACE\ o W 4� / W O 16D I DIP / �N Z X O 53i6c V > 3 \ O 16C W C` Q' a hF w 14C 'i PEMMBEft,+b1 f— 141) DR m 1bl) o ~ h LentDd Cl)U p / w Q z Prul RwRa..T QSWIW Prul. W !] c7 NLI 14C U MRCSSOLS IL Q > FR-K CM.POPLIYEXTO LOAY6. ] TO I PERCENT SLOPf S �Q �s j su IBC FMf OERiCN POPl1YEXTO lOAY3.) TO ISPERCENT Sl OPF3 w O ISO FREOER�f,N POPLWEN iO LORY3. IS i0 ]S PERCENT Sl OPE3 ~ Z D 16C' 1K FRE MRICR PoPLIMEN TO LOAMS, VERY ROCK/. 7 TO I S PERCENT SLOPES W/ i 0 O < w 'MI iNEDERiC%PoPLIYEN IO LOANS. VERYROC%Y. ISlOnlERCENTSLOPE3 , LyJ D: (f) Y Ol r 2 O U m r,. iNEOERiCN-POPLIMENi6ROL%OUTCROP COYPLE%. I101S PERCENT SLOPES O Q' Q. d LLO 63 A M '1E FREOER4R.PoPLIYEN -MOON OUTCROP COMPLE%. IS IO SS PERCENT SLOPES ~ O O N co 0 i. MASSAMET TA LOAM W W W o 1 bD - 56 GARBO SET LOAM. i TO ! PERCENT SLOPES Z C- CEOAF RC` w 11 ' C7 S ry c ,`H � 1 w w 11' p N o 04A'' m a � j • C, � �c 141L0 Ww F. � Lop Mouw • I.saend Parcel Boundary OSugect_Parcets Q Civil War Camp Q Civil War Fort • Landmark Civil War Battlefields F Mt Wncnester - Second Kernsto— Feet 1,000 0 1,000 •, � — ' ne.na Caurry w Gr5 D--II. 2019 D.Y �} ]1. 11]S Wr a o_ Qy, st �.n Howe ® GEOA� First IKernstown ;/ ,111--NEfi DR � —M S] A w �RMIaTEfjO T GOf3�S S] A 678 sT_ Ci C (� QypW Q abW O j v u S]A6] m � S] A v7A A 60 First Winchester �F mom IvE\o 63 A 1A' / "rLI MAN / I a ]4160 Ho -p S] A 61 W�� a•3L w ' / Joao ���W �CFCt(sT Cytiyo(� Western 5 WEEMS tN U 1 0 i JrCs'SwP( TAVE C m Q� w W a 0 a w 2x w Z 0 r K 0 Z Z W � � Ww w OT :D a- a_ w W 0 LL Zd U O J � W � _O X LL 2 U WLi GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • • GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age -restricted residential community on the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic Information Location: Fronting on the north side of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (l 19.27± acres) RA, Rural Areas District (238.37± acres) Pile #3800G Impact Analysis Statemenl/FAW 2 C� u Proposed Use: Age -Restricted Residential Community (1 19.27± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area In which residential, commercial, industrial, and institutional land Use development is encouraged in the County. The 357.64± acre subject properties are currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age -restricted residential community on 1 19.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County In which commercial and Industrial land use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age -restricted residential community on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53- A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north -south major collector road as the primary transportation improvements within the study area. File #38000 Impact Analysis Statement/HAW 3 The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community is located within the portion of' the WJELUP that is planned for future Residential Land Use. The proposed age -restricted residential comnuinity will be developed as single-family small lot units with a residential gross density that will not exceed 4 DU/Acre. The rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at it gross density of 4 DU/Acre and will not allow for commercial development. I-lowever, the WJELUP identifies these future land uses should the 238.37± acres be considered for future development through a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF TIIE SITE Arrr--cc The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 119.27± acre portion of the subject properties proposed for an age - restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age - restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 1 19.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of-way dedication with permanent and temporary easements for the future West Jubal Early Drive project and provides for the construction of a gated access entrance by the developer that will allow for connectivity to West Jubal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flood Plains The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. Nile #38000 Impact Analysis StatemenUGAW 4 • �J Wetlands The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and Information from the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential COIL MUlllty will be designed to avoid wetland areas; therefore, there will be no Impacts to this environmental feature. Soil Types The 357.64± acre subject properties contain five soil types as demonstrated by the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database. The following soil types are present on site: 5B Carbo Silt Loan1 2-7% slope 1413-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loanl The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loanls comprise the majority of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential conlnlunity. This soil type has moderate shrink -swell potential and is appropriate for the development of residential structures. Geotechnical analysis will be conducted in conjunction with the developIllent Of the private street systems and C0111111UIlity building serving the age - restricted residential community. Other Environmental Features The 1 19.27± acre portion Of the 357.64± acre subject properties that is proposed for an age - restricted resideItial community contains an area of steep slope surrounding a pronounced sinkhole that is located within the Central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial Pile #3800G Impact Analysis Slatement/BAW 5 u • Cast: PUD-I-IR, Planned Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANSPORTATION Use: Residential (City) Use: Residential Residential & Golf Course A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping document Which includes analysis of the age - restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange on and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Additionally, the TIA includes analysis of an annualized traffic growth rate of' 1 %; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based On background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound On and Off ramps (existing and background Conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the age -restricted COln MUmty through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor change of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The Owners have worked collaboratively with VDOT and the County to develop an off -site design plan for Cedar Creek Grade to address the LOS issue identified for left turn movements onto Cedar Creek Grade and to expand the length and storage capacity of right and left turn lanes and taper lanes On Cedar Creek Grade serving the proposed project. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off -site design plan for Cedar Creek Grade and has issued a Technical Memorandum confirming that these inprovements result in a LOS C for left -turn movements from the File #3800G Impact Analysis Statement/EAW 6 0 • project onto Cedar Creek Grade. These off -site improvements are provided On the proffered Cedar Creek Grade Improvements Exhibit dated March 25, 2021. The Owners have provided a Proffer Statement to mitigate transportation impacts associated with the rezoning of' the 1 19.27± acre portion Of the 357.64± acre subject properties that is proposed for an age -restricted residential community and to assist Frederick County With the ability to work with VDOT to secure funding for the future extension Of West Jubal Early Drive to Route 37. The proffered transportation improvements include the following: i Improvements to Cedar Creek Grade to include a westbound separated right -turn lane that provides an approximate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. i Improvements to Cedar Creek Grade to include all castbOUnd separated left -turn lane that provides all approximate 200' storage length/200' taper lellgtll Inect111g the requirements of the approved VDOT traffic study. ➢ Improvements to Cedar Creek Grade to include an eastbound separated median protected acceleration lane that provides an approximate 225' storage length/180' taper length meeting the requirements of the approved VDOT traffic study. ➢ A 20' right-of-way dedication along the Cedar Creek Grade property frontage outside of the limits of the Cedar Creek Grade improvements for future corridor widening. Construction of a gated entrance to the age -restricted community with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up Onto Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets Within the C0111111LInity. i% Construction Of all emergency only gated access at the Ciderinill Lane connection to provide a second means Of emergency access for the age -restricted COMInUnity. i' A 102' right -of -Way dedication With permanent and temporary easements throughout the limits Of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. A 102' right-of-way reservation with permanent and temporary easements throughout the limits Of the proposed RA District property to accommodate the future extension of West Jubal Early Drive for a period of 25 years. i' All 80' right -Of -Way reservation %vith permanent and temporary easemeIts Wlthlll the proposed RA District property to accommodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider Of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary Pile 113800G Impact Analysis StalemenUEAW 7 Sewer Master Plan to assess sanitary sewer facility needs for development and growth within their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-inch sewer Force main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential cor11n1uulity. The 12-inch sewer force plain connects to the 18-Inch Hoge Run Sewer Interceptor which Is the maul transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force plain and the 18-inch Hoge Run sewer interceptor have sufficient capacities for transmission of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a MaX1111U111 of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative sewer demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the 12-inch sewer force main serving the age -restricted community for the purpose of odor control until there is sufficieIt flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on -going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force main internal to the project; sufficient land area within the project to accommodate future expansion of the oIl-site sewer puI11p station; and easements to adjoining properties to allow connections to the oil -site salutary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The Proffer Statement provides for the development of a pretreatment system and a chemical feed system for the benefit of the sanitary sewer pump station and 12-inch sewer force main which includes costs for on -going operations and maintenance. It should also be noted that the Owners of the subject property proposed for the age -restricted residential community have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. File #38000 Impact Analysis SlalemenUGAW 8 11 WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water infrastructure Within this area Of the County. Frederick Water has all existing 20-inch Water transmission main located along the Western bOLllldary Of tile subject properties Which Is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be it maximum O1 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water front local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyaIlce, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on -site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. File #3800G Impact Analysis Statement/GAW 9 SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed age -restricted residential community on the 1 19.27± acre portion of the 357.64± acre subject properties can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4i1' edition). It is anticipated that the bulldOut of the age -restricted residential C0111111LInity will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 cu. yd. x 300 households AAV = 1,620 Cu. yd. at build -Out, or 1,134 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a Current remaining capacity of 13,100,000 cubic yards of air space. The age -restricted residential Collllllu111ty will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity Of the 357.64± acre subject properties. The Homespun structure has been placed on the National and State Register of Historic Places and previously obtained approval Of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound on -ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/4-miles west of the 119.27± acre portion of the 357.64± acre subject properties that is proposed to be developed as an age -restricted residential community and is not visible from this portion of the area to be rezoned. The age -restricted residential community will be required t0 provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion Of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the File #38000 Impact Analysis Statement/LAW 10 northern portion of the 119.27± acres proposed to be developed as an age -restricted residential community. The Second Kernstown Battlefield is located on the south side of Cedar Creek Grade across from the entrance that will serve as access to the age -restricted residential community. Both Battlefields have been heavily impacted by the development of residential and commercial land uses and public streets within the County and the City of Winchester. Therefore, the rezoning of the property will not create negative impacts associated with historic properties and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACT'S The proposed development of an age -restricted community within the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Departlllent LlSlllg the revised Development Impact Model (DIM). The DIM considered 300 age - restricted single-family dwelling units consistent with the proffered maximum number of age -restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to off -set impacts to community services. The Proffer- Statement provides for a monetary contribution of $308.00 for each age -restricted residential dwelling unit that is paid to the County prior to the issuance of the certificate of occupancy permit to mitigate impacts to community services. AdditioIally, the Proffer StatemeIt provides a Illonetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be dowrizoned to the RA District to be consistent with the monetary contribution provided for non -age -restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1 19.27± acre portion of the 357.64± acre subject properties for an age -restricted residential community. Pile #38000 Impact Analysis statement/HAW GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA DEVELOPMENT CONDITIONAL REZONING APPLICATION Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92139 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 To be completed by Planning Staff. - Zoning Amendment Number Date Received Fee Amount Paid $ Anticipated PC I-Icari ate _ Anticipated BOS HeaNgDate REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: 740, LLC; 750, LLC; Willow Grove. V LC; Willow Springs Estates, LLC Specific Contact Person if Other than Above: Willis White Address: 1520 Commerce Street Winchester, VA 22601 Telephone: (540) 327-3100 Email: willis@white properties.net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Naive: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Evan Wyatt Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law fine, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. k Page 12 0 • 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-90,91,92,92A,92B, 53-3-A, 63-A-2A b. Total acreage of the parcel(s): 357.64 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 357.64 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: R4, Residential Planned Community District 357.64 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres; RA District 238.37 +/- Acres f. Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade; 740 Merrimans Lane; 750 Merrimans Lane; 760 Merrimans Lane h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 0 • 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III 740, LLC: C. Ridgely White, Jr. 750, LLC: Stephen D. White Willow Grove V. LC & Willow Springs Estate, LLC: M. Willis White Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Rl Location Map Q Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement Proffer Statement (if any) ❑ Agency Continents 0 Fee Copies of Deed(s) to Property(ies) Tax Payment Verification E Digital copies (pdf s) of all submitted items Page 14 0 i 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. a�������� Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: -�.� ., � "���`j , e- i �e 1 �- L. Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: C� Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date 4 7-b If signing on behalf of an entity, please state name of entity and your title: M-Wri ..ate - I ENG+NaaxjaL�' I►jkL-- of LA"41> R'A'j4i'Ju�' If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 E 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: %�-�— r ? Date Owner: If signing on behalf of an entity, please state name of entity and your title: i LS Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): c Date If signing on behalf of an entity, please state name of entity and your title: �Pfx:Sr7�rrR-TiV�� — rjUl-• IOC . -D i P---cTt` i C r— [i PU R—A,-,,j; vcy/ If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 • 7. Signatui•e(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Conunission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: ��� �'� �//� Date a / If signing on behalf of an entity, please state name of entity and your title: �1 l—lrl� v21 CiR C'V l_ Y rtiall�lts3 Owner: ,/%�� � /r Cam/'= Date 4 If signing on behalf of an entity, please state name of entity and your title: \4\lj L-w Other Applicant Party (if any): L'-e) L W Date 44 /z4o 17 C. 7I If signing on behalf of an entity, please state name of entity and your title: � :�. (:.i't7 �' C� % Lra,s•rJ PIA-.`-i N i n� C,� If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 i ' O� i1 � 'Pi 3 �67 OG D C O W _ 76 7s 74 '53 A 90 F9p gT C~i Z 0 \ lns ao \ `� 'R Cl 00 � c \ 1 n 53A92B cc,v \ cJ^ ^> 7a W = j ago ago / sa 76�� ss' J�� SELDON pR ; ' 'o n u G` O so S° �"J�� 6 y�y AYI �G° � 53 A 92 O w Q m <u O U 53A 53A90 \- 3 O O 92A h 64 ° s9�� \ n�heate� 18 W z 41 NO �ND�r AVF �= U z s N C, \ J� 63 OJ O G y9,Q 53 A 92A 61\ 62 ✓G6 �� Z O \ 3 !ti �,�<yo DSO Q ° DD LU w M cn A 56 09'P r- Cn LLJ = as p fs, 5 LLJ LLJs3 GS \ ly 9!F AVF \ O LLJ a 53 3 A 64 52 �R�/4 �� a- 0- O 53 A 91 so OiQ 1 LLJ a- <v s as 49 j = Z (� 46 ���G J Z 6 37 } Z 66 47 OQ LLJ Q O 45 ? PEMBERr Of U- 42 a4C*' s'� �W 7AYL OR D R P Ui U Q 36 37 2 vlti '�P *AX ?Y 34 ss O 11 33 ~CI) Y GULLY CT-"?4 O'p Oy U �LPNk C, 29 / - 0 p � 6 27 26 25 26 z SEA DR > " co 2' O W U O O W ,e ORCHA �nz WAY H Q F- Q c9 6 HILL pRp to z v> 17 W SV LIJ Cn O 0 6 MMFRF Legend o g > cD B LN APPLIel Parcel Boundary �/ L- Lu z a w z 00 �! z O T D o !mac Subject Parcels P 7- ON X 0 O 9�LIJ / ,6 63 A 2A 's %HILLMAN Adjoiners Pv� w x P U Y W / z z O U ° LL vof REEK GR t-"wC n O 0 CEDARCI) 2 EDAR C - 0 O O� w o 0 y� w Feet I xQ z LL L 12 1 J Q Q� V Q rV - z a r�\�� �, 700 0 700 (3 w W � „ �O �Q U p Q 071 o U I ' N Map Data Source Fredenck County, Va GIS Department. 2019 Data. WILLOW RUN REZONING 0 0 • ADJOINING PROPERTIES 47 229-03-7- 225- WATKINS EARL H, WATKINS LOIS S 7216 CHERRY LEAF WAY MECHANICSVILLE, VA 23111 0.1309 HR 48 229-03-7- 227- ADAMS NANCY C TRUSTEE PO BOX 56, WINCHESTER, VA 22604 0.192 HR 49 229-01-A- 21- BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.534 PUHR 50 229-01-A- 20- KLUGE THOMAS, KLUGE SHARON 1917 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.454 PUHR 51 229-01-A- 19- FASANO JEROME FASANO CHRISTINE, FASANO HEATHER 1913 CLAYTON RIDGE RD, WINCHESTER, VA 22601 0.475 PUHR 52 229-01-A- 18- BARNES REX, BARNES CONNIE 1909 CLAYTON RIDGE DR WINCHESTER, VA 22601 0.395 PUHR 53 229-01-A- 17- HAINES ANDREW, HAINES KATHLEEN 1905 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.394 PUHR 54 229-01-A- 16- MILLER STEPHEN, MILLER SARAH 1901 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.476 PUHR 55 229-01-A- 15- MARTIN DANIEL G, MARTIN LISA M 1000 STERLING DR, WINCHESTER, VA 22601 0.454 PUHR 56 229-01-A- 14- BOSTICK DANIEL, BOSTICK DANIELLE 1893 CLAYTON RIDGE DR WINCHESTER, VA 22601 0.416 PUHR 57 229-01-A- 13- SHAFRAN STEVEN P, SHAFRAN CAROL 1889 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.426 PUHR 58 229-01-A- 12- JUSTICE KAREN E, JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.436 PUHR 59 229-01-A- 11- PATEL DIXABEN, PATEL RAHUL 1881 CLAYTON RIDGE RD, WINCHESTER, VA 22601 0.453 PUHR 60 229-01-A- 10- DINAPOLI CHRISTOPHER R, DINAPOLI IZABELA 1877 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.474 PUHR 61 229-01-A- 9- HAECKER PAUL B, HAECKER ANGELA R 1869 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.882 PUHR 62 230-06-A- 8- HAECKER PAUL B, HAECKER ANGELA R 1869 CLAYTON RIDGE DR, WINCHESTER, VA 22601 0.905 PUHR 63 230-06-A- 8- A CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 3.6892 PUHR 64 209-01- - 1- CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 10.6904 PULR 65 188-06- - 61- CITY OF WINCHESTER 15 N CAMERON ST, RISK MANAGER STE 106 WINCHESTER, VA 22601 4.5807 LR 66 188-04-- 1- SFEIR RAMSEY 730 MERRIMAN LANE, WINCHESTER, VA 22601 3.61 LR 67 188-04- - 2- 750 LLC C/O STEPHEN D WHITE, 750 MERRIMANS LN WINCHESTER, VA 22601 0.867 LR 68 53 A 89 EMMONS ELMER L, EMMONS BETTY M 747 MERRIMANS LN WINCHESTER, VA 22601 1.37 RP 69 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC, INC PO BOX 3274 WINCHESTER, VA 22604 0.7 RP 70 53G 11 1 GRABER KELLY ANN 770 MERRIMANS LN WINCHESTER, VA 22602 0.31 RP 71 53G 1 1 2 GOLIGHTLY ROBERT, GOLIGHTLY MARIAN M 100 OKEEFE DR WINCHESTER, VA 22602 0.32 RP 72 53G 1 1 3 HENNEBERRY MICHAEL S, ZURITA AMALIA R 101 OKEEFE DR WINCHESTER, VA 22602 0.28 RP 73 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 74 53G 11 5 SICARI DOMINIC 812 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 75 53G 11 6 SWOGGER JAMES F, SWOGGER JERI L 820 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 76 53G 1 1 7 SALINAS JUAN R 828 MERRIMANS LN WINCHESTER, VA 22602 0.31 RP 77 53G 11 8 KUMAR MANOJ, KUMAR AARTI 100 HOMER DR WINCHESTER, VA 22602 0.31 RP 78 53G 14 44 PARTLOW TODD, PARTLOW KATHRYN 101 HOMER DR WINCHESTER, VA 22602 0.41 RP 79 53G 14 45 STANEART BRIAN KENT, STANEART LINDA CHUN 866 MERRIMANS LN WINCHESTER, VA 22602 0.33 RP 80 53G 14 46 EDWARDS REBECCA, EDWARDS THOMAS 1R 872 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 81 53G 14 47 WIMSATT WILLIAM LEE, BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 82 53G 14 48 LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER, VA 22602 0.3 RP 83 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC, INC PO BOX 3274 WINCHESTER, VA 22604 2.46 RP 84 53 A 94 WILLIAMSON DAVID B 2979 VALLEY AVE WINCHESTER, VA 22601 2.3 R4 85 53 A 95 GORDON JAMES C JR 324 ORCHARD LN WINCHESTER, VA 22602 1.4 RA 86 53 3 Al GORDON JAMES C JR 324 ORCHARD LN WINCHESTER, VA 226021 6.81 RA Source: Frederick County, VA and City of Winchester GIS, 2021 Data WILLOW RUN REZONING • 6 Ljl 0 ADJOINING PROPERTIES ID Tax Map Number Owner Mailing Address City & State Zip Assessed Acreage Zoning 1 53 A 88 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 297.78 RA 2 52 A 313 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 19.58 RA 3 52 18 5 R & T PACKING CORP, C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3.2 RA 4 52 18 6 SMITH KIM TERRY, SMITH MARY E 133 PARKINS LN WINCHESTER, VA 22602 5 RA 5 52 18 7 CODELLA DOMENICO, CODELLA MARIELA 143 PARKINS LN WINCHESTER, VA 22602 5.28 RA 6 52 18 8 ROUSE JASON, TALMAGE DAVINA 118 PARKINS LN WINCHESTER, VA 22602 5 RA 7 52 205 54 BORLIE DEVELOPMENT LLC 5521 TABLER STATION RD INWOOD, WV 25428 47.04 RA 8 52 A 310J R & T PACKING CORP C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22604 5 RA 9 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER, VA 22601 183.01 RA 10 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602 60.88 RA 11 63 A 2K C & W PROPERTIES PO BOX 221 MILLWOOD, VA 22646 3.56 RA 12 63 92 24A VILLAGE AT HARVEST RIDGE, HOMEOWNERS ASSOCIATION INC 108 HARVEST RIDGE DR WINCHESTER, VA 22601 2.53 RP 13 63 A 2H MEDEIROS COZETTE AGUIRRE JUAN 949 CEDAR CREEK GRADE WINCHESTER, VA 22602 1 RA 14 269-05-A- 1- KOK NURMAN, KOK SERPIL 2307 STONERIDGE RD, WINCHESTER, VA 22601 0.458 LR 15 249-01- - 2- LONG TERM CARE PROPERTIES LLC PO BOX 1394, WINCHESTER, VA 22604 7.7076 B2 16 249-01-- 3- SUMMERFIELD LLC 1573 COMMERCE ST, WINCHESTER, VA 22601 5.5 HR 17 249-01- - 4- BARTON BONNIE G 2125 STONELEIGH DR, WINCHESTER, VA 22601 0.505 HR 18 249-03- - 46A- BYRD SHARON M GLASS PO BOX 206, BERRYVILLE, VA 22611 0.1057 HR 19 249-03- - 4613- SPANGLER JOHN B 2119 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1 HR 20 249-03- - 47A- DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI, 503 HANDLEY AVE WINCHESTER, VA 22601 0.1006 HR 21 249-03- - 4713- CRANSTON ANN CASEY 2111 STONELEIGH DR, WINCHESTER, VA 22601 0.101 HR 22 249-03- - 48A- CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER, VA 22601 0.101 HR 23 249-03- - 4813- DOLL JEFFERY L TRUSTEE, DOLL NANCY E TRUSTEE 447 WOODFIELD LANE, WINCHESTER, VA 22602 0.101 HR 24 249-03- - 49A- SHARPLES THOMAS 2099 STONELEIGH DR, WINCHESTER, VA 22601 0.101 HR 25 249-03- - 496- DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI, 503 HANDLEY AVE WINCHESTER, VA 22601 0.101 HR 26 249-07- - 189- BROOKS RHONDA 2091 STONELEIGH DR, WINCHESTER, VA 22601 0.1096 HR 27 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGH DR, WINCHESTER, VA 22601 0.1096 HR 28 249-07-- 191- RYALLJONATHAN DAVID, RYALLSTEPHANIE 700 ROCKLAND DRIVE, WINCHESTER, VA 22601 0.1096 HR 29 249-07- - 192- BASNILLO MARCO AV 2079 STONELEIGH DR, WINCHESTER, VA 22601 0.1104 HR 30 249-07- - 193- HALL CHRISTOPHER E, HALL KAREN E 2822 TUCKERS LN, LINDEN, VA 22642 0.1138 HR 31 249-07- - 194- HALL RONALD, HALL RENEE 2071 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 32 249-07- - 195- SUMNER KRIS 906 WAYNE DR, WINCHESTER, VA 22601 0.1094 HR 33 249-07- - 196- BAKER KIMBERLY, BAJER LARRY JR 2063 STONELEIGH DR WINCHESTER, VA 22601 0.1094 HR 34 249-07- - 197- TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER, VA 22601 0.1094 HR 35 249-07- - 198- GERDAU BRYAN, GERDAU JENNIFER 2055 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 36 249-07- - 199- JAI LAXMI MAA LLC 723 KENNEDY DR, WINCHESTER, VA 22601 0.1094 HR 37 249-07- - 200- WILSON MARGARET BRIDGET 2047 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 38 249-07- - 201- JOUKAR JAFAR, JOUKAR NASRIN 2043 STONELEIGH DRIVE WINCHESTER, VA 22601 0.1094 HR 39 249-07- - 202- CARDERO OLIVIA, MORRISON LEON 2039 STONELEIGH DR, WINCHESTER, VA 22601 0.1094 HR 40 229-03- - 203- SMITH STEPHANIE 2035 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1094 HR 41 229-03- - 204- MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE, WINCHESTER, VA 22601 0.1094 HR 42 229-03- - 205- PRUSCH ELIZABETH S 141 LINCOLN HIGHLANDS DR, CORAOPOLIS, PA 15108 0.1261 HR 43 229-03- - 206- CAW PROPERTIES LLC 21 S LOUDOUN ST, WINCHESTER, VA 22601 0.138 HR 44 229-03- - 207- MITCHELL RALPH C, MITCHELL SHIRLEY A 15S HARVEST RIDGE DR, WINCHESTER, VA 22601 0.1649 HR 45 229-03- - 208- FREEDMAN GARY S 2015 STONELEIGH DR, WINCHESTER, VA 22601 0.2338 HR 46 229-03-7- 224- CARTER WILL AM 0 JR, CARTER VICKI R 5711 CEDAR TREE LN NAPLES, FL 34116 0.0871 HR Source: Frederick County, VA and City of Winchester GIS, 2021 Data Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit Site Plan 8 Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise red i d or modif it. Signature Title (if s�' mg on b l�l of an e tity) ey\gylct4,�,� St e of ro n l 0- , County` Vr /1City of � t�� nC' i1 P�� , To wit: I l fAo b n , a Notary Public in and for the jurisdiction aforesaid, certify that t e person who signed the foregoing instrument personally appeared before the and has acknowledged the same before me in the jurisdiction aforesaid this day of , 2011. dmLO) me ,/oiM(- My Commission Expires: Jet- away ota .W1,TA 6inr1=ADt Amr,Registration Number: 1I0f15-/9 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 740, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. PO Box 87 Winchester, VA 22604 (540) 664-1538 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-90 do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540)662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follofor the above identified property: win , Q✓ Rezoning Subdivision Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day, that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf ot an entity) I State of 11'T 1 11-L - , County/Cityof C�' f n C 6��s'�' c / , To wit: I, Ae'- r, �'� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same bef•r� me in the jurisdiction aforesaid this _3e' day of ZIC11 � 202-i. ie�C1�T-�yv�� My Con-unission Expires: 7 Notary Public Roberta Deane !-lardy ,I Registration Number: (Votary. Public Commonwealth of Virginia Reg. ## 7271490 My Commission Expires 7,Z:71 `ef-C, 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 750. LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 750 Merrimans Lane Winchester, VA 22601 (540) 533-4836 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 B do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓Q Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing ncl behalf of an entity) 1 , State of K-LL�_ , County/Cityof U l nJ-A_& -C L- , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same befo le me in the jurisdiction aforesaid this 06 �ti day of /gyp, , 20- IaA My Cominission Expires: Notary Public Roberta Deane Har y Registration Number: Notary -Public Commonwealth of Virginia Reg. P 7971490 - P&Y Commission Expires 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Grove. V LC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92 & 53-3-A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓❑ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signing on behalf of an entity) State of V I hG 1 a.- <� , County/City of tJ(nchc--Sleet/ , To wit: I, i�.=ht �'z�ti , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before the and has acknowledged the same be '%e me in thej urisdictionaforesaid this G� day of yr ( , 20 2! My Commission Expires: - `14 Notary Public Roberta Deane Hardy Registration, Number: 7�7'�'y Notary -Public Commonwealth of Virginia Reg. # 7271490 my Commission Expires —7.�7 t?v CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us yGIA, 17J1 Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Willow Springs Estate, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1520 Commerce Street Winchester, VA 22601 (540) 327-3100 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-92A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attomey-In-Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: ✓0 Rezoning Subdivision Conditional Use Permit F1 Site Plan H Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature Title (if signinbehalf no of an entity) State of *ry L , County/City of V" 10C-h<S4-'1!�r , To wit: I, &119 �r�� - �r� �� � '�`� "� , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same be' re me in the jurisdiction aforesaid this :36 day of I , 20 z / 71 My Commission Expires: 0,i2,,'-j L> Notary Public Roberta Deane Nardy a Registration Number: `7->-7 /t / 1 �t Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires -7 0-2 '-y 0 LJ GREYSTONE PROPERTIES LLC 1415 PH: 540-662-7215 13 S LOUDOUN ST WINCHESTER. VA 22601 DATE Play_3_, _2 0 21 PAY TO OR THE ORTreasurer of Frederick County DER OF_______ _ reerouny $ 35,382.00 'Thirty five thousand three hundred eighty two dollars and 00/100 DOLLARS 1 BI.NK ,1F CLARKE COI: V N 202 NORTH LOUDOUN ST., WINCHESTER, VA 22601 FOR � � I II100LL.ISo 1:050G0251,8l: L52 999u' �'t, 0 COUNTY OF FREDERICK P.O. BOX 225 W INCHESTER, VA 22604-0225 -~ C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 91 Account#: 8014327 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid GREYSTONE RE2020 15003 1 PROPERTIES 4/13/2020 112.44ACRES $5,144.13 LLC GREYSTONE RE2020 15003 2 PROPERTIES 4/13/2020 112.44 ACRES $5,144.13 �LLC Total Paid: $10,288.26 'l'hiS amount represents payments applied during calendar year ?020 and clocs not include Penalty. Interest or C'rcclit Card Fees. Close this Window Print This Page C i COUNTY OF FREDERICK (0,) P.O. BOX 225 WINCHESTER, Vn 22604-0225 - C. WILLIAM ORNDOPF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 63 A 2A Account#: 8019974 Dept# Ticket# Seq# Owner Name Bill Date Description Taa Paid GREYSTONE RE2020 15004 1 PROPERTIES 4/13/2020 7.08 ACRES $738.10 LLC GREYSTONE RE2020 15004 fROPERTIES 4/13/2020 7.08 ACRES $738.10LC Total Paid: $1,476.20 T Ills a11101111t represents payments applied during Calendar year 2070 and does not include Penalty. Interest or Credit Card Ices. Close this I Print This Page �J COUNTY Or FREDERICK 11.0. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOPF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 90 Account#: 8014326 Dept# Ticket# Se(l# Owner Name Bill Date Description Tax Paid RE2020 45420 1 740 LLC 4/13/2020 22.35 ACRES $2,713.59 RE2020 45420 2 740 LLC 4/13/2020 22.35 ACRES $2,713.58 Total Paid: $5,427.17 This a111O1111t represents paymentsapplied durino Calendar )'ear 2020 and does not IIICIUCIC PCIIalt)', Interest or Credit Card Fees. Close this I Print This Page • LA COUNTY OF FREDERICK I'.O. BOX 225 WINCIIL'STER, VA 22604-0225 C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A M Account#: 8014328 Dept# Ticket# Se(l# Owner Name Bill Dale Description Tax Paid RE2019 45202 2 750 LLC 4/18/2019 11.00 ARCES $2,310.98 RE2020 45421 1 750 LLC 4/13/2020 11.00 ARCES $2,310.99 RE20201 45421 2 750 LLC 4/13/2020 11.00 ARCES $2,310.98 Total Paid: $6,932.95 I IIIS a111OlIllt rel)reselltS I)a)'IIICMS al)1)IICd dlll'lllf' CBIenClar year 2020 and dOCS not ilICIl1CIC PCIIaItI'. Interest or Credit Card Ices. Close this Window Print This Page k COUNTY Or FREDERICK P.O. BOX 225 '1,.I�))lllplli WINCIiL'•Sl'LR, VA 22604-0225 C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 92 Account#: 8037183 Dept# Ticket# Seq# Owner Name Bill Date Description Tax Paid WILLOW RE2020 43929 1 GROVE V 4/13/2020 16.54 ACRES $2,240.53 LC WILLOW RE2020 43929 2 GROVE V 4/13/2020 16.54 ACRES $2,240.53 LC Total Paid: $4,481.06 I IIiS L1111OL111t I'el)l-csclltS plyme % 11)1)]IeCl dl11'I110 Calelldal' year 2020 and does not incluclL PCllalt);. Interest or Credit Card fees. Close this Window Print This Page • • o COUNTY OF FREDERICK P.O. BOX 225 WINCI (ESTER, VA 22604-0225 --" C. WILLIAM ORNDOPP, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 3 A Account#: 8014334 Dept# Ticket# Seq# Owner Name BH1 Date Description Tax Paid WILLOW RE2020 43930 1 GROVE V 4/13/2020 37.64 ACRES $2,296.04 LC WILLOW RE2020 43930 2 GROVE V 4/13/2020 37.64 ACRES $129614 LC Total Paid: $4,592.08 This amount represents payments applied during Calendar year 2020 £lied does not include Pemlty. Interest or Credit Card Fees. Close this Window Print This Page COUNTY OF FREDERICK P.O. BOX 225 rr WINCI TESTER, VA 22604-0225 C. WILLIAM ORNDOPF, JR Real Estate Taxes Paid for Tax Year 2020 Map Number: 53 A 92A Account#: 8027641 Dept# Ticket# Seq# Owner Name Rill Date Description Tax Paid WILLOW RE2020 43932 1 SPRINGS 4/13/2020 147.07 ACRES $4,798.26 ESTATE LLC WILLOW RE2020 43932 2 SPRINGSESTATE 4/13/2020 147.07 ACRES $4,798.26 LLC Total Paid: $9,596.52 This amount 1'ehresents payments applied during calenclar Veal' -2U2O and does not Include Penalty. Interest or Credit Card Fees. Close this Window 1 Print This Page • u ORDINANCE Action: PLANNING CON4MISSION: Junc 2, 2021 BOARD OF SUPERVISORS: July14, 2021 Public I-Icaring Held, Recommended Approval Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-21 GREYSTONE PROPERTIES, LLC WHEREAS, REZONING #02-21 GREYSTONE PROPERTIES, LLC., to rezone 1 19.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers to develop an age restricted community, and 238.37 acres zoned R4 (Residential Planned Community) District Nvith proffers to the RA (Rural Areas) District xvith proffers, for a total of 357.64 acres. The subject properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Gainesboro Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing oil this Rezoiing oil June 2, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on July 14, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District With proffers to develop an age restricted community, and 23 8.3 7 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers, for a total of 357.64 acres, all as shown on the proffer statement bearing signature date May 4, 2021. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14'1' day of July 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye J. Douglas McCarthy Aye Shawn L. Graber Aye Robert W. Wells Aye David D. Stegmaier Aye PDResp22.-21 Judith McCann -Slaughter Aye • 0 Brine P. Dunn Aye Res # 006-21 A COPY ATTEST `?% 7,_/°_- Mary T. Pric Il1tCr1111 C011nty Administrator InstrI men, 0i wrifltig)war pr(14)JIq; tj1`()r11 � �rrlt� ��liihrcareif�i,�IrJ<�nkt�nwl�r���omtJ��th���t �r�rt�K�r� misadmOed to record 57 kWid [live beo NAA raK irv�p05�� �y5 G.51,� 80,�i i t If455,? able. Crcenway linginecring March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT RZ# Ul-- "' R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0?--Z I for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119,27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family Tax Parcels 53-A-90 Ihni 9213 53-A-A &, 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 ate -restricted dwelling units on their Properties which shall be limited to single-family small lot units. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. Transportation The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance • 0 Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A &, 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. — r. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right--- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted C0I11I111.1I1ity Without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate Of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Juba] Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners Fi le413800G/EA W 3 • Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thro 9211 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing Lip onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250`I' Certificate of Occupancy Permit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer- to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area File# 3800G/EAW 4 • 0 Greenway Lngineering March 25, 2021 Tax Parcels 53-A-90 thm 9211 53-A-A & 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction Of the West JUbal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the On -site sever pump station and the existing off -site 12-inch sewer- force main located on the south side of Cedar Creek Grade. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer- pump station. File# 38000/GAw 5 • Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A D) Monetary Contributions The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning - proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the RPA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor- land lab educational opportunity. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages file# 3800G/EAW Greenway Engineering March 25, 2021 Tax Parccls 53-A-90 thm 9213 53-A-A &. 63-A-2A Owner Si;;nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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 ill the Frederick County Code. Respectfully Submitted: By: / rngy1 f Gre ton roperties, LLC -' Da Commonwealth of Virginia, City/County of G ,igek,S� To Wit: The foregoing instrument was acknowledged before me this day of 20?/ by L21 ZAtd .11:Cir" NiGFARLAND ORNDORFF NOTARY PUBLIC aL_ t�1 REC . #7901519 ,'1�,'(::,'D;VWEALTH OF VIRGINIA Notary Public My CommissioI] Expires 30 jzag File# 380OG/EAw • • Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thru 92B 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 740 LLC ate Commonwealth of Virginia, City/County of W i nch e S-f er To Wit: The foregoing' instrument was acknowledged before me this �0 day of US 20�by 1 ��(l elf Y ht1 Illl � � � •� Notary Public File# 3800G/EAW Grecimay Engineering March 25. 2021 Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors III the interest of the Owner. 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: Date Commonwealth of Virginia, City/County ofyy i0c,hP S f-�r To Wit: The foregoing instrument was acknowledged before me this day of 20 <�s —t by //"4� x Notary Public My Commission Expires rile# 3800G/EAw 9 • • Grcenway Engineering March 25, 2021 Tax Parcels 53-A-90 thou 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: Willow Grove.V LC Date Commonwealth of Virginia, City/County of uhnch cs 2 r— To Wit: The foregoing instrument was acknowledged before me this day of lu uS 20JI by M �IIIItS Whi �C- �d -f f Zz L-r Notary Public My Commission Expires NOTARY PUBLIC COMMOrRlWEA79-48OF VIRGINIA MY COMMISSION EXPIRES 2(Y25 rile# 3800G/1 AW 10 • • Greenway Engineering March 25. 2021 Tax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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�//� f'T 7 Willow Springs Estate LLC Date Commonwealth of Virginia, City/County of PJI 1 o ch este r To Wit: The foregoing instrument was acknowledged before me this i Oh day of &QUSI— 20 by Notary Public My Commission Expires File# 3800G/EAW �N,}� Ww'���7�/ 53 A 92B s G� FO o Future Merrimans L Go 0 Reservation Ares Q (Proffer B9) r 1� Y 53 A \ 0 92A r Future West J o��L MFgR�MP Reserv. s (Pro- 0 7 A '9 i� 533A / Legend Parcel Boundary Subject Parcels Winchester Limits L— J ROW Reservation Area ROW Dedication Area Primary Site Access 0 Age Restricted Community Gated Access Points Frederick County Zoning RA (Rural Area District) = RP (Residential, Performance District) Feet 650 0 650 53 90 .ane a 92 �! 53 A 90 lubal Early Drive \` \ ration Area \ \ iffer 68) 53 A 92A M`SiFAD ST AV Proffer 13(6) I �r Proffer B(7) 53 A 91 a� y Z SELDON DR m ut-P AVF AO � �q< o� Ir? 1pb o 's o TFRZ/4,, �05\ wq� I F r O,p NARVEST•DR �L o� 4� ��� Q c7 z Zua Now W z 7 LAJ z CD z_ z 060 U) w wOr- �U) w ow �w °O w� z w Or ~cf) J_ >- 2 wQ fy_ u- C7 w co t1O W CHELSEA DR OR / w IL O O'ik BEEHIVE WAY—O 06 06 R I v Wz(D i-- z Z d °o O u WA2A� HILLMAN DR CEDAR CREEK GRADE d O 06 (D z z 0 0 w U) O m O 0- Q z_ C� rr Z O U� Y U w w 0 w w lL m 0 0 ao 2 U w a N 0 N LO N CM 0 Q Lu co, Lu 10, a 1w x til z LLJ LLJ \ 0� LE a 0, 0 w 8 0 LLI V5. U Lli U.j Irf C) 0 U.J PROFFER NOTES* 1. DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT IC DEVELOPMENT DIMENSIONS OF EXISTING CONDITIONS AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD CONDITION AND DURING FINAL DESIGN 2. R.O.W. AND EASEMENTS NEEDED ON TAX PARCEL 63-A-21) IS THE RESPONSIBILITY OF THE OWNER OF TAX m amp PARCEL 63-A-2A. n o w 63 A-2A GRITONE DB APE'RIPES, 11C A4ZOMNG JSE tiGRICU.TURAL PR. CG•7--,, 1` I 248-01-,2 �- ,LONG TERM CARE PROPERTIES LLC 7,7171 AC II - B2 ZONING 1 USE: RESIDENTIAL - y ..10E i t, 2640'rA- _ LIEVRE. A0.360 A AND LIMI LR ZONING USE: RESIDENTIAL PROP MERGE LANE 19U ACCELERATION T80' TAPER 4' PROTECTION MEDIAN RIGHT SIDE - - KOK. NURMAN AND SERPI 0 456 AC LR ZONING USE'. RESIDENTIAL - % ,✓ 63-A-2H 13UETTNFR FAMILYPARTNERSHIP, LP L.00 AC CG$TIE TO EX ENTRANCE CURBlCITY CURB I CG 7, TIE TO EX ENTRANCE CURB 0.9-1-24A -/ HARVEST RIDGE HOA \1// 2.53 AC tp ZONING 1EWX OPEN SPACE PROFFER NOTES: 1. DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT DEVELOPMENT. DIMENSIONS OF EXISTING CONDITIONS AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD CONDITION AND DURING FINAL DESIGN. 2. R.O.W. AND EASEMENTS NEEDED ON TAX PARCEL 63-A-2D IS THE RESPONSIBILITY OF THE OWNER OF TAX PARCEL 63-A-2A. 40 20 0 40 BO SCALE P' = 40' •',yY�B �ES�g iE. =�Z7 -it 5 I z u �w W X V/ Z W 2 W a \ Z / U E5 O L.L ~ N ca OZ G DO m W W� 0 2 � Q W W cc LL Y W W U Q W U REV. 3-25-2021 REV. 10 28 2020 DATE: 07-07.2020 SCALE: i AD' DESIGNED BY: RLK FILE NO. 36000 SNEET 1 OF 1 �^ / ` ` \ ` - ` ` ` � ` ^\ `. =LApAT**VW 235 AC RP MW | UMma"=L~ / � � ' ' J z Y S] A 92A Syr 1y °4�s y�ww n„ 1 4,P� 9t F� ys (y s]]A Lecien Parcel Boundary OSub)ecl Parcels OWinchester Limits L—J ROW Reservation Area - ROW Dedication Area Primary Site Access Age Restricted Community Gated Access Points rederick County Zoning RA (Rural Area District) RP (Residential, Performance District) Feel 650 0 650 "Dana 51— F—ii'm Ci—ry va G4 Depa i, 2019 Data ]A 5] A 92B Future Merrlmans Lane\ 1 Reservation Arta 92 \ (Proffer .B9) S]A90\ Future West Jubal Early Drive 1 \ \ Reservation Area \ \ (Proffer 8E) \\� S] A 92A Proffer B(7) S]A91 6]A2A 4�ayj65 Z m SELDON DR 0011", EAD S T P er O� S a ,OHHg waste_ Proffer B(6) o ' Q7 ` 0 ZLLJ Z 2 W \ UZ A %a� l Q� A }V.RVEST IZ << $ U= <y D � rn j tuuy i / -CHELSEA DRY ORC�� ONrIL DR BEEHIVE WAY--O U I U TAt1 OR G �HILLMAN DR T� CEDAR C � GRADE Z z a Cn O Q WW �w W — � O Q C' C�a z a0 z WO z a N O 0 J LIJ i 0 W d x LL O U W F d 2 Greenway Engineering • March 25, 2021 I'ax Parcels 53-A-90 thm 9211 53-A-A &_ 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Sorin2s Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 3800G/EAw Greenway Gnginecring March 25, 2021 I'ax Parcels 53-A-90 Ilim 9211 53-A-A N-, 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit clated October 16, 2019; development of the 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 Owners and SUCK be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1 139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1 141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance rile# 38000icAw 2 Greenway Lngineering March 25, 2021 � 'I'm Parcels 53-A-90 thru 9211 53-A-A & 63-A-2A shall be designed to provide for Sufficient vehicle stacking to prevent vehicles from backing Up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance 01' the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting t0 provide Safe turning mOVCnlCntS fOr vehicles entering and exiting the age -restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 1 19.27± acre project area, exclusive of model homes. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City Of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 38000/GAW 3 Crcenway Engineering 0 March 25, 2021 � Tax Parcels 53-A-90 ihm 9211 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary casements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the agC-1'CStI'ICICd C0111111LInity Sufficient for a future gated access connection to the future extension Of West Juba] Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be Sufficient to provide for vehicle stacking to prevent vehicles from backing up Onto West Jabal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate i1- necessary. The Owners shall bond this improvement prior to Final Subdivision Plat approval; and shall Construct this improvement in Conjunction With tile final phase of development which shall be completed prior to the issuance of the 250i1' Certificate of Occupancy Permit within the 1 19.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified On the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to tile County fora period Of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent aIld temporal-), easement areas are proffered to be dedicated to the County duriIlg the 25-year reservatioIl period r1 the County is successful in securing approved road design plans and funding for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City Of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified On the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 80-foot right-of-way dedication area File# 38000/EAW 4 Greenway Gngincering • March 25, 2021 � 'raa Parcels 53-A-90 tint 9211 53-A-A & 63-A-2A consistent with the approved road design plan for this construction project. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County during the 25-year reservation period if the County is successful in securing approved road design plans and funding for the complete construction of the future West Jabal Carly Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans and funding for the complete construction of the West Jubal Early Drive extension project between the existing right-of- way in the City of Winchester to the Route 37 bridge overpass. Q Sanitary Sewer Conveyance 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoniIlg proffer to assuIlle the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to construct a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. 5. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 38000/GAw 5 Grcemaay Engineering 0 March 25, 2021 • Tax Parcels 53-A-90 thru 9211 53-A-A & 63-A-2A D) Monetary Contributions 1. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and moInitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages rile# 38000/EAw Greenway Engineering March 25, 2021 Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A Owner. Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: rn Q n ` Gre ton ro �erlies, LLC Da Commonwealth of Virginia, City/County of (��Gf2 �.5 To Wit: The foregoing instrument was acknowledged before me this day of 20X by �, 101-1 NiGFARLAND ORNDORFF NOTARY PUBLIC REG.LG. #79015101519 ,Mi`.;.ONWEALTH OF VIRGINIA Notary Public My Commission Expires,,� :30 bay File# 3800G/EAw 7 Creenway Engineering Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A Owner Si;inatui-e The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: i 740, LLG / I6te �1 Commonwealth of Virginia, City/County of td1ncj,?4s1-rv- To Wit: The foregoing instrument was acknowledged before me this 3y 7'� day of Notary Public My Commission Expires ��0 -'-39 Roberta Deane Hardy Notary.Public Commonwealth of Virginia Reg. # 727149 My Commission Expires �� "2 Greenway Engineering March 25, 2021 , Tax Parcels 53-A-90 thn, 9211 53-A-A S-, 63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: 750, LLC Date Commonwealth of Virginia, City/County of tN) nJ t-H-, tl To Wit: The foregoing instrument was acknowledged before me this3e-t � day of �^ 20 'Z-/ by kjw4- C -u7 X l Notary Public My Commission Expires (p� v ('- zl Roberta Deane Hardy Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires File# 3800G/EAW Greenway Engineering 0 March 25, 2021 M 1'ax Parcels 53-A-90 thru 9213 53-A-A LK, 63-A-2A Owner Signatul'e The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: ,'/_ l- - 7 / Willow Grove.V LC ate Commonwealth of Virginia, City/County of W( nLA +ccr To Wit: The foregoing instrument was acknowledged before me this 30�` day of 20 *2 t by �A � 7�7� -f 9 9 9 ZL' �' Notary Public My Commission Expires A,_D2/ Roberta Deane Hardy Notary -Public Commonwealth of Virginia Reg. # 7271490 My Commission Expires 1 a, -?y File# 3800G/EAW lL Greenway Lngincering 0 March 25, 2021 l'ax Parcels 53-A-90 thm 9213 53-A-A & 63-A-2A Owne1' Signatul'e The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. 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: X� / Willow Springs Estate, LLC Date Commonwealth of Virginia, City/County of WI r7cf-\CS4-r-✓ To Wit: The foregoing instrument was acknowledged before me this 37-1-7-1-6 day of /40 20 2-) by -D", Notary Public My Commission Expires (zp" '�� File# 3800G/GAW s'. GREVSTONE PROPERTIES. LLC 11 7 p6 AC Ra ZONING 3 USE AGRICULTURAL 24"1 - 2 LONG TERM CARE PROPERTIES LLC t 7 7076 AC 82 ZONING / USE RESIDENTIAL > W LL! PR. CO-7 \ 2�A'2 LIEVRE. AR UR ANO LORI I \ 0' AC M µ IA ZONING W \ USE RESIDENTIAL I PROP MERGE LANE \ 190' ACCELERATION .I, 6J-A 20 — — — / 180' TAPER Lu eRecf63-A 2D tttD A' PROTECTION MEDIAN RIGHT SIDE — - - - Go Be AG / RA ZONING CIO USE RESIDENTIAL yIy.05.A.1 KOK NIRMAN AND SERPL Z 0450 AC ' 1 ' LR ZONING LL A . \ USE RESIDENTIAL C A L 0A"211 L➢ \ LU g / gUETTNER EALLLy LNNC PART1� > Z ZO07ANG V RA _CC,{I TIE TO EX ENTRANCE CURBiCITv CURB ^0 USE RESIDENTIAL ; L.L / c �z co W z L) i CG\ . TIE TO EX ENTRANCE CURB �, w / LL LL ' 63-olau ,, Ark AT ARAST RIDGE NOA 253 ACRP ZONING Y USE RESNDElN T OPEN SPACE w Li LL U Q 0 Lu U PROFFER NOTES: 1. DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT DEVELOPMENT DIMENSIONS OF EXISTING CONDITIONS AND TAPER LENGTH CALCULATIONS ARE SUBJECT TO C,„,PROPERTIES CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD /i 356 AC RA ZONING CONDITION AND DURING FINAL DESIGN USE RESIDENTIAL 2. R.O.W. AND EASEMENTS NEEDED ON TAX PARCEL 'E">•25-202' 63-A-2D IS THE RESPONSIBILITY OF THE OWNER OF TAX RE" 10-211,MN / PARCEL 63-A-2A DATE: 07-07"2= SCALE: I+w ' I 40 20 0 40 90 oeENDAeD BY: we SCALE 1' • NIO' FILE 00. NOID EIIlET t OF 1 \ s �F! 0 <op 'Q y Otis 533A I Leqend Parcel Boundary Subject Parcels Winchester Limits L— J ROW Reservation Area ROW Dedication Area Primary Site Access 40 Age Restricted Community Gated Access Points Frederick County Zoning RA (Rural Area District) RP (Residential, Performance District) Feet 650 0 650 1 53 A 92A 53 A 90 53 A 92 B Future Merrimans Lane \ 1 Reservation Area 92 (Proffer B9) _—_ 53 A 90 \\� \ 1 Future West Jubal Early Drive j \\ Reservation Area IN, \ (Proffer B8) \\� 53 A 92A < SELDON DR m PRM\SSEAD ST �i O= JOWA, A �eSte� RR '5 ys Proffer B(6) NpoLEYA►'F OF Proffer B(7) 53A91 '0 o� 4(, 9'P � Aso 0 9� J SST �< spy ate\ FO r 'P 3 f1A.RVEST ORS ti u c 8 C y OG�N LLA N W i = co m n °= n Cyr gr-, r� C } 0 z_ z xs O < W � 12� w W 06 CI- 1— O 0� CD IY L11 z a-M Z O w� O z 11 N O } p U J UJ U) LLJ d IY a O C� w 0 J 2 � 0 y y o S Q< U O CHELSEA DR Z ORCw o C� �p a- Oy�CC O - BEEHIVE WAYS O DR 06 Q a- 0 z O w > LU U _ z Z c) Z Q O w z O Q O U W � O� CO O w cn 63 A 2A DR W d O m w p W �HILLMAN z LL CEDAR CREEK GRADE Q t W Y m 0 W z 0 In W U 0 0 In 0 U W O LL Y m 0 N I I o L N U � C N 0 w W � Map Data Source Frederick County, Va GIs Department, 2019 Data Greenway Engineering • March 25. 2021 Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING PROFFER STATEMENT REZONING: RZ# R4, Residential Planned Community District with Proffers to RP, Residential Performance District and RA, Rural Areas District with Proffers PROPERTY: Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A (here -in after the "Properties") MAGISTERIAL DISTRICT: Gainesboro District RECORD OWNER: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC APPLICANT: Greystone Properties LLC; 740 LLC; 750 LLC; Willow Grove.V LC; Willow Springs Estate LLC (here -in after "Owners") PROJECT NAME: Greystone Properties, LLC & White Family Properties Age -Restricted & Rural Area Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019 REVISION DATE: March 25, 2021 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 357.64± acres from the R4, Residential Planned Community District with proffers to establish 119.27± acres of RP, Residential Performance District with proffers (Tax Map Parcels 53-A-91 and 63-A-2A) and 238.37± acres of RA, Rural Areas District with proffers (Tax Map Parcels 53-A-90, 53-A-92, 53- A-92A, 53-A-92B and 53-3-A) as identified on the attached Greystone Properties & White Family File# 3800G/EAW Grcenway Engineering • March 25. 2021 • Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A Properties Rezoning Proposed Zoning & ROW Map Exhibit dated October 16, 2019; development of the 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 Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owners and any legal successors, heirs, or assigns. The Properties are identified as Tax Map Parcels 53-A-91 and 63-A-2A owned by Greystone Properties, LLC and recorded as Instrument No. 030024683; Tax Map Parcels 53-A-92 and 53-3- A owned by Willow Grove.V LC and recorded as Deed Book 869 Page 596 and Deed Book 871 Page 32; Tax Map Parcel 53-A-90 owned by 740, LLC and recorded as Deed Book 918 Page 1139; Tax Map Parcel 53-A-92B owned by 750, LLC and recorded as Deed Book 918 Page 1141; and Tax Map Parcel 53-A-92A owned by Willow Springs Estate, LLC and recorded as Instrument No. 190011500. PROFFER STATEMENT A) Land Use The Owners of the 119.27:L acres proposed for RP, Residential Performance District zoning proffer to develop a maximum of 300 age -restricted dwelling units on their Properties which shall be limited to single-family small lot units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older. 3. The Owners of the 238.37± acres proposed for RA, Rural Areas zoning proffer that the use of Transfer of Development Rights (TDR) will be prohibited for this acreage. B) Transportation The Owners of the 119.27± acres proposed for RP, Residential Perfonnance District zoning proffer to develop the age -restricted community as a gated community with internal private streets if approved by the Board of Supervisors per Section 144-24C(2)(c) of the County Code. Should the Board of Supervisors not approve the internal private street waiver, the Owners proffer to develop the age -restricted community per Section 144-24C(2)(b) of the County Code. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop the age -restricted community with gated access at the primary entrance located on Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The gated access entrance File# 3800G/EAW Greenway Engineering March 25, 2021 • Tax Parcels 53-A-90 thni 9213 53-A-A & 63-A-2A shall be designed to provide for sufficient vehicle stacking to prevent vehicles from backing up onto Cedar Creek Grade and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 3. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to improve Cedar Creek Grade to provide for a separated westbound right- turn/taper lane with an approximate 150' storage length and a 50' taper length; a separated eastbound left-turn/taper lane with an approximate 200' storage length and a 200' taper length; and a separated eastbound median protected acceleration lane with an approximate 225' storage length and a 145' taper length meeting to provide safe turning movements for vehicles entering and exiting the age -restricted community without impacting through traffic movement on the Cedar Creek mainline. The Cedar Creek Grade improvements identified in this section are further described on Cedar Creek Grade Improvements Exhibit dated March 25, 2021 which is proffered by the Owners. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to dedicate right-of-way for Public Use that is 20 feet in width beyond the Cedar Creek Grade frontage improvements identified in proffer section B2 above. The right-of- way dedication shall be provided from Tax Map Parcel 63-A-2A as part of the Subdivision Plat for the age -restricted community. 5. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a gated access at the Cidermill Lane connection to the age -restricted community. The gated access shall be created for emergency access only to provide a second means of emergency access into the age -restricted community. The Owners shall coordinate with the Frederick County and City of Winchester Emergency Services Divisions to ensure that the design for emergency access is appropriate for emergency service responders. The proposed improvement identified in this section shall be completed prior to the issuance of the first Certificate of Occupancy Permit within the 119.27± acre project area, exclusive of model homes. 6. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide right-of-way dedication for the future extension of West Jubal Early Drive that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way dedication shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. The Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The Owners File# 3800G/EAW 3 Greenway Enginecring • March 25. 2021 0 Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A proffer to provide for the 102-foot right-of-way dedication as part of the Subdivision Plat for the age -restricted community and further proffer to provide the permanent and temporary easements within 90 days of written request by the County subsequent to final road design plan approval required for construction of this project. 7. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to reserve an area within the open space of the age -restricted community sufficient for a future gated access connection to the future extension of West Jubal Early Drive if the Board of Supervisors allows a complete system of private streets within the proffered age -restricted community. The reservation area for the future gated access connection will be provided as a component of the Final Subdivision Plat and shall be sufficient to provide for vehicle stacking to prevent vehicles from backing up onto West Jubal Early Drive and shall provide for a sufficient vehicle recovery area to allow vehicles to turn around at the entrance gate if necessary. The Owners shall bond this improveincnt prior to Final Subdivision Plat approval; and shall construct this improvement in conjunction with the final phase of development which shall be completed prior to the issuance of the 250°i -final Certificate of Occupancy Pen -nit within the 119.27± acre project area. 8. The Owners of Tax Parcels 53-A-90 and 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is 102 feet in width to allow for the construction of an urban four -lane divided collector road with raised median, curb and gutter, sidewalk, and a 10-foot shared use path by others. The right-of-way reservation area shall be located in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25.2021. Additionally, the Owners proffer to provide permanent and temporary easements along both sides of the 102-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 102-foot right-of-way and pernanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The 102- foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County at no eest to t>, C'WHeFs during the 25-year reservation period if the County is successful in securing approved road design plans €er and i-f funding is made available for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the 102-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans fef and if funding :s not made available for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. 9. The Owners of Tax Parcel 53-A-92A proposed for RA, Rural District zoning proffer to reserve an area for future right-of-way dedication that is -4 80 feet in width to allow for the relocation of Merriman's Lane by others in the general area identified on the Greystone Properties & White Family Properties Rezoning Proposed Zoning & ROW Map Exhibit dated March 25, 2021. Additionally, the Owners proffer to provide permanent and File# 3800G/EAW Grecnway Engineering • March 25, 2021 Tax Parcels 53-A-90 thni 92B 53-A-A & 63-A-2A temporary easements along both sides of the 74 80-foot right-of-way dedication area consistent with the approved road design plan for this construction project. The 74 80-foot right-of-way and permanent and temporary easement areas are proffered to be reserved for future dedication at no cost to the County for a period of 25 years beginning on the date of rezoning approval. The -74 80-foot right-of-way and permanent and temporary easement areas are proffered to be dedicated to the County awe Bost to the , ers during the 25- year reservation period if the County is successful in securing approved road design plans €)i and if funding is-ma4e-a�Ie for the complete construction of the future West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. The reservation areas for the -74 80-foot right-of-way and permanent and temporary easements shall terminate on the date that is 25 years from the date of rezoning approval if the County is not successful in securing approved road design plans feF and 9 funding is-no-t-n}ade-ava4 ole for the complete construction of the West Jubal Early Drive extension project between the existing right-of-way in the City of Winchester to the Route 37 bridge overpass. C) Sanitary Sewer Conveyance 1. The Owners of the 119.27f acres proposed for RP, Residential Performance District zoning proffer to incur the costs for the development of a pretreatment system and chemical feed system for the sanitary sewer pump station and 12-inch sewer force main serving the age - restricted dwelling units. 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to assume the responsibility for the operation and maintenance of the pretreatment system and chemical feed system serving the age -restricted dwelling units until such a time that Frederick Water advises that sufficient flows are available to eliminate this need. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to constrict a 12-inch sewer force main between the on -site sewer pump station and the existing off -site 12-inch sewer force main located on the south side of Cedar Creek Grade. 4. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to coordinate with Frederick Water during the Subdivision Design Plan process to determine the projected sewer flows consistent with the adopted Frederick Water Sanitary Sewer Master Plan and provide sufficient land area to allow for the initial design of the on - site sewer pump station and the future expansion of the on -site sewer pump station by others. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide easements to the sanitary sewer system to provide flow access to the on - site sewer pump station. File# 3800G/EAW Greenway Engineering March 25. 2021 Tax Parcels 53-A-90 thni 9213 53-A-A R 63-A-2A D) Monetary Contributions 1. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer to provide a monetary contribution of $308.00 for each age -restricted residential dwelling unit prior to the issuance of a certificate of occupancy permit. 2. The Owners of the 238.37± acres proposed for RA, Rural Areas District zoning proffer to proffer to provide a monetary contribution of $9,078.00 for each traditional five -acre lot and for each rural preservation lot that is created prior to the issuance of a certificate of occupancy permit for any dwelling unit within these lots. E) Environmental The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the Master Development Plan for this acreage that will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plan for this acreage. 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA and disturbance activities will be limited to road crossing, pedestrian and bicycle facility crossing, and utility crossing. 3. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer to develop a wetlands enhancement landscaping plan within the portion of the DSA that is located on the south side of the West Jubal Early Drive right-of-way dedication area described in Section B(6) of the Proffer Statement. The Owners proffer to include this landscaping plan as information on the Subdivision Design Plan and install the landscaping within this area of the project during the first favorable planting season following issuance of the Land Disturbance Permit for the project. The Owners proffer to establish language within the Property Owner Association documents for maintenance of this area and to allow access to this area to Shenandoah University for the purpose of studying and monitoring the wetland enhancement project as an outdoor land lab educational opportunity. 4. The Owners of the 1 l 9.27± acres proposed for RP, Residential Performance District zoning proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. Owner Signatures on Following Pages File# 3800G/EAW 6 0 GREENWAY ENGINEERING April 6, 2021 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Candice Perkins, Assistant Planning Director Attn: John Bishop, Assistant Transportation Director 107 North Kent Street Winchester, VA 22601 RE: Greystone Properties, LLC & White Family Properties Rezoning Comment Response Letter Dear Candice and John: The following information is intended to provide responses to the review comments provided in your second review letter dated December 3, 2020. Please note the following: FC Planning Comment #1— Western Jubal Early Drive Land Use Plan: The 2035 Comprehensive Plan identifies the properties within the land use plan with urban/suburban residential and commercial land use designations. The 119-acre area shown to be rezoned from R4 District to RP District is generally consistent with the land use plan. The proposed downzoning of the 238-acre area from R4 District to RA District is inconsistent with the land use plan. The Applicant should consider as part of the proposed proffers that the future development or subdivision of the 238 acres would conform to the Comprehensive Plan and development or subdivision would recognize the current proffer commitments. Comment Response #1: We appreciate your acknowledgement that the proposed RP District rezoning for the Greystone Properties, LLC parcels is generally consistent with the plan. The 2035 Comprehensive Plan identifies all properties within this land use plan as residential and business. All properties that comprise the entirety of the land use plan are approximately 615 acres in total and are zoned R4 District and RA District. It is understood that the proposed RA District rezoning deviates from the current R4 District zoning and proffered Generalized Development Plan (GDP) that was approved in 2007. However, the R4 District zoning and proffered GDP has proven to be financially infeasible and the previous owners of the 238 acres have since sold the properties and are no longer involved with the R4 District project. The current property owners of the 238 acres desire to rezone the properties from R4 District to RA District resulting in the same zoning designation as 7 other properties within the WJEDLUP boundary. However, unlike the 7 other properties that are zoned RA District, the current property owners have agreed to provide a monetary proffer for any RA District five -acre or rural preservation lot within the 238 acres if this acreage would be subdivided. The monetary proffer is consistent with the current monetary contribution for all non -age -restricted lots in the current R4 District proffer statement. Should the 238 acres be desired for higher intensity development in the future, the applicant would Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection Services Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com File #3800G/EAW 0 0 need to process a rezoning request that would recognize the Comprehensive Plan. Therefore, the proposed proffer statement recognizes current proffer commitments for the 238 acres proposed for RA District zoning with the understanding that future development of a higher intensity will need to recognize the Comprehensive Plan that is in place at that point in time. FC Planning Comment #2 — TDR Program: Rezoning the 238 acres to RA District would typically provide the ability to develop residentially through the Transfer of Development Rights Program. The TDR Program would not be appropriate in this instance due to the transportation components outlined in the land use plan. Comment Response #2: Section A(3) of the proposed Proffer Statement provides new language that restricts the use of TDR's specific to the 238 acres proposed for RA District zoning. FC Planning Comment #3 — WJELUP Community Linkages: The land use plan states that the community will be linked by an efficient road system, multi -purpose trails and sidewalks. A major collector road is planned to facilitate traffic movement in a north -south direction between Jubal Early Drive and Cedar Creek Grade. The proposed revision for a gated community with private roads does not conform to the land use plan as it would eliminate the connection between Jubal Early Drive and Cedar Creek Grade. Comment Response #3: The Board of Supervisors will need to grant a waiver for the ability to develop a complete system of private streets within the 119-acres proposed for RP District zoning; therefore, this decision will determine if the Board is supportive of this design concept. The proposed Proffer Statement provides for connections between Cedar Creek Grade and the future Juba] Early Drive. Therefore, the project will provide for the community linkage identified in the comment above and the design of this connection (public street or private street) will be determined by the Board of Supervisors. FC PlanninjZ Comment #4 — Deed/Plat: Provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning. Comment Response #4: We will provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning as information with the rezoning application filing packet. File H3800G/GAW 2 0 0 FC Planning Comment #5 — Generalized Development Plan: It is unclear how a GDP as Indicated in the comment response letter would hinder future development. The "Proposed Zoning & ROW Map" should be amended to a GDP that outlines proffers 5, 6, 7, 8 and the road improvement exhibit. Continent Response #5: Greystone Properties, LLC intends to have their 119 acres rezoned to the RP District as in entitled age - restricted community that will be limited to a maximum of 300 single-family small lot units and then sell the property to another party that will be responsible for the development of this community. The White Family Property Owners do not have plans to develop their 238 acres that is proposed to be rezoned to the RA District. For this reason, the Owners do not want to submit a proffered GDP with the rezoning application as this will create issues with the future developer of the age -restricted community and would result in the need to for the future developer to revise the GDP and revisit the rezoning process to obtain approval for their desired development. The "Proposed Zoning & ROW Map" exhibit has been revised to identify the transportation enhancements and reservation areas specific to Sections B(6), B(7), B(8) and B(9) of the proposed Proffer Statement. Please note that tills numbering is different than the numbering identified in the comment letter due to the inclusion of Section B(I) of the proposed Proffer Staterent. FC Planning Comment #6 — Redline Proffers: Provide a redline proffer statement that depicts the changes from the approved proffer statement and what is proposed to be changed/removed. Comment Response #6: The proposed Rezoning Application and proposed Proffer Statement is a whole -sale change from the current R4 District Proffer Statement and proffered GDP. The redline proffer depicting these changes would in essence result in a redline strike-thru of the current Proffer Statement and would be confusing to the decision makers. It is recommended that we do not provide this information as reflected in your comment above. FC Planning Comment #7 — Proffer B1: This proffer should be expanded to include a provision should the private street waiver not be granted by the Board of Supervisors. Comment Response #7: Section B(1) of the proposed Proffer Statement has been revised to address this comment. File #380OG/EAW 3 FC Planning: Comment #8 — Proffer B2: Please confirm that the impact that the proposed improvement has on the egress delay shown in the TIA. In addition, the language regarding specific turn lane and taper language should note these are 1111111111L1111S. Comment Response #8: The traffic consultant provided additional information to VDOT subsequent to this comment that demonstrated an acceptable egress delay and VDOT has since provided an approved rezoning comment which was also provided to County Planning and Transportation. Additionally, Section B(3) of the proposed Proffer Statement identifies the distances as approximate which was also a comment from VDOT that has been addressed. FC Planning Comment #9 — Bicycle and Pedestrian Connectivity: The WJELUP states that the community will be linked by an efficient road system, multi -purpose trails and sidewalks. Staff would emphasize the importance of connectivity for bicycle and pedestrian access. Staff would note that the Applicant has not addressed this in the proffers. Comment Response #9: The appropriate location for a public bicycle and pedestrian facility requires acquisition of an access easement from an adjoining property owner for the connection at Cedar Creek Grade. The Applicants Spent time and money attempting to acquire this easement which was unsuccessful as there was no response from outreach to the adjoining property owner other than from the registered agent of the LLC. Should the proposed rezoning be approved by the Count}, the owners will provide a design that identifies pedestrian connectivity tllroughoLlt the project for the benefit of the end -users during the Master Development Plan and Subdivision Design Plan process. FC Planning? Comment #10 — Proffer BG: Staff is uncomfortable with the sunset clause on this proffer. While appreciative of the increase from 20 years to 25 years, the preference would be not to have a limitation. Comment Response #10: The Owners of the 238-acres proposed for RA District zoning were reluctantly willing to increase the timeline of Jubal Early Drive right-of-way reservation from 20 to 25 years. The Owners are not willing to reserve the right-of-way for perpetuity. File It3800G/EAW 4 FC Planning Comment #11 — Proffer B6 and B7: Proffers B6 and B7 should be combined given the relative nature of the road projects they are referencing, and staff reiterates the concern about the sunset clause of 25 years on the proffer. Comment Response #11: The Proffer Statement identifies the reservation areas for the future Juba] Early Drive and the future Merriman's Lane relocation as separate items in the proffers intentionally as combining this language would be confusing due to different right-of-way widths. The Owners of the 238-acres proposed for RA District zoning were reluctantly willing to increase the timeline of Jubal Early Drive right-of-way reservation and the Merriman's Lane right -of -Way reservation from 20 to 25 years. The Owners are not willing to reserve the right-of-way for perpetuity. FC Planning Comment #12 — Elavironmental Proffers: The approved proffers contained a number of proffers relating to the delineation and protection of wetlands, no disturbance limitations, and access to Shenandoah University for studying and monitoring wetlands. This revision should provide for the protection of these environmental features. Comment Response #12: Sections E(1) through E(4) provide proffers for the protection of environmental features consistent with the current proffers. FC Planning Comment #9 & #10 — Review Agency Comments & Fees: Staff has identified the various review agencies that require comments and the required rezoning application fee for this rezoning application. Comment Response #13 & #14: We have coordinated information specific to the rezoning application with VDOT, Frederick Water, County Planning, Attorney, Transportation, Public Works, Fire Marshal, Parks and Recreation and Public Schools, the City of Winchester, and Winchester Regional Airport to obtain review agency comments. We did not coordinate information with the Frederick -Winchester Service Authority as sewer will be directed to the Parkins Mill Wastewater Treatment Facility or with the Virginia Department of Health as the age -restricted community will be served by public water and sewer. We will submit the applicable comments and application fee at time of formal submittal of the rezoning application. Please find attached copies of the proposed Proffer Statement and proposed Zoning & ROW Map dated March 25, 2021 for your review and comment. Please contact me if you have any questions File #380OG/EAW 5 regarding this information; if not, I would appreciate your final review agency comments when you have an opportunity. Sincerely, EU (;.'I C?�� Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Rod Williams, Frederick County Attorney Pile #3800G/EAW 6 rl .� Virginia Department of Transportation DATE: January 15, 2021 TO: Evan Wyatt, Greenway Engineering FROM: Bradley S. Riggleman, PE, Area Land Use Engineer EABURG RESIDENCY LAND USE MEMORANDUM RE: TIA and Rezoning Comments — Greystone and White Family Properties Rezoning Mr. Wyatt, VDOT has completed a review of the rezoning application, proffer statement, and traffic impact statement (dated 10/8/2020 with a technical memorandum addendum dated 12/4/2020) for the Greystone Properties, LLC and White Family Properties in Frederick County. It appears that previous comments have been addressed, and we find the traffic impact statement with supporting technical memorandum to be complete and acceptable. Follow are general comments for the rezoning application and proffers: 1. This proposed rezoning should not have a significant impact to the roadway network. The proffered entrance configuration appears to adequately function from an operations perspective. 2. It is noted that the proffers include an exhibit of an innovative entrance/intersection configuration that provides a channelized receiving lane for egress traffic from the proposed development that is turning onto eastbound Cedar Creek Grade. This allows vehicles exiting the site to pull out onto Cedar Creek Grade and then merge into eastbound traffic. The intent of this alternative intersection design is to reduce the potential delay for eastbound egress traffic. The traffic model included in the first submittal of the Traffic Impact Statement yielded that for a traditional entrance design, the egress delay for eastbound traffic operated at a Level of Service F (93.6 second delay). This raised safety concerns over drivers who are waiting to turn onto Cedar Creek Grade will eventually start to accept shorter gaps in traffic and potentially creating a crash scenario. The model of the proposed innovative entrance (shown in the technical memorandum) shows a significant reduction in this delay to a Level of Service C (22.5 second delay). A potential concern with this entrance configuration is the nature of the user, given that this is an age restricted development. Some drivers may experience a certain level of uncertainty when first introduced to this intersection. However, the residential nature of this development would suggest that frequent users of this entrance will adapt to this entrance design. 3. The intersection exhibit is intended to show a general layout. This design is subject to a detailed review upon submission of the site plan. 4. Site access will be subject to all VDOT regulations and standards. Design standards and specifications will be addressed during site plan review. Please feel free to contact me if you have any questions. Sincerely, TIA and Rezoning Comments — Gre-AP e and White Family Properties Sheet 2 of 2 January 15, 2021 Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: Mark Cheran, Frederick County Zoning and Subdivision Administrator John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner Jeff Lineberry, P.E.— VDOTTransportation and Land Use Director Terry Short, AICP, VDOT District Planning Manager Matt Bond, P.E., VDOT Acting District Traffic Engineer U 0 May 3, 2021 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Proposed Rezoning for Greystone Properties RP & White Family Properties RA Rezoning Property Identification Number (PIN): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A Dear Mr. Wyatt: Thank you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and Mfliite Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates the increase from 20 to 25 years of the window to take advantage of the riglit-of-way proffer- for Jubal Early Drive and Merriman's Lane. However, given transportation firnding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring firnding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public between Cedar Creek Grade and future Juba] Early Drive. Once again, I would thank you for the opportunity to comment and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. Thank you. John A. Bishop, AICP Assistant Director -Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd 0 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 29, 2021 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification Numbers (PINs): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-926, 53-3- and 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Western Jubal Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. 2. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. 3. Environmental Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University, this application would remove the access ability from the area proposed to be zoned RA. A large area of environmental features 0 • Page 2 Mr. Evan Wyatt RE: Greystone/White April 29, 2021 (wetland and pond) is located on PIN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 5. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, and the City of Winchester. 6. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 Evan Wyatt • From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, December 1, 2020 3:35 PM To: Evan Wyatt Cc: Candice Perkins; John Bishop Subject: RE: '[External]'RE: '[External]'Greystone Properties & White Family Properties Rezoning Evan, My apologies again for the delay with this. I have now had the opportunity to review the Proffer Statement, revised October 8, 2020, and have just the three text comments and one staff comment. As to the text comments, you may certainly wish just to address these in the final version you submit with the application, without the need to resubmit anything to me. The text comments are: • At the bottom of page 1, there is an extraneous "53" following the reference to parcel number 53-3-A. In the last sentence each of Proffers 131, 132, and 134, regarding timing of the commitments, I believe that "The proposed improvement identified in the section" would more properly read as "The proposed improvement identified in this section". In the sentences roughly in the middle of Proffers 137 and 138, regarding dedication at no cost, I believe that "are proffered to be dedicated to the County at no cost to the Owners" would more properly read as "are proffered to be dedicated by the Owners to the County at no cost". The comment for staff is that, re Proffer 136, the requirement to build the connection to West Juba[ Early Drive occurs only prior to the final occupancy permit for the RP portion of the Property. Given the cost of completion of this improvement, relative to the marginal profit for construction of the last housing unit on the Property, it is substantially likely that the West Jubal Early connection would never come to fruition. I:Z.TI From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 11:11 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE:'[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, Thanks for the update and no worries! I will look for your comments in the near future and hope you have an enjoyable Thanksgiving. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Wednesday, November 18, 2020 11:09 AM To: Evan Wyatt <ewyatt@greenwayeng.com> Subject: RE:'[External]'Greystone Properties & White Family Properties Rezoning Evan, Thanks for checking *his. It has taken me longer than 10 hoped to get to this and to work through it and for that I must apologize. I will try my hardest to have something to you before the holiday next week or, failing that, right after the holiday. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, November 18, 2020 10:28 AM To: Rod Williams <rwillia@fcva.us> Subject:'[External]'Greystone Properties & White Family Properties Rezoning Hi Rod, I'm touching base to determine when you believe you will have an opportunity to provide your updated comments for the subject property based on what the revised information that I submitted on 10-16. Please let me know if you have any additional questions regarding this information or if there is anything else needed from me regarding this matter. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone. 540.662.4185 Cell 540.974.2701 Fax: 540.722.9528 Web www.GreenwavEng.com Email. ewyatt@greenwayeng.com f= GRCENWA Etht_;N,FF,RI ,1- 2 • Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 0 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency 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 Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4 Zoning requested: RP & RA Acreage: 119.27 RP ZS'b. 37 RA Frederick Water Comments: Please refer to review comment # 3 dated April 7, 2021 from Eric Lawrence. Approved as submitted. Q Frederick Water Signature & Date: April 7, 2021 Notice to Frederick Water - Please Return This Form to the Applicant 26 • • 315 Tasker Road Stephens City, Virginia 22655 April 7, 2021 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 4' FREDERIC'K WATER PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com Eric R. Lawrence Executive Director RE: Rezoning Application Comment #3— Greystone Properties, LLC & White Family Properties Tax Map Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A 357.64 acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application package, with a draft proffer statement and Impact Analysis Statement, initially dated Octobers 8, 2020. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. This is comment #3, revised based on discussions with the applicants and upon review of the revised proffer statement dated March 25, 2021. The project parcels are located within the sewer and water service area (SWSA). The SWSA enables access to public water and sewer service by county policy. Inclusion within the SWSA does not guarantee that sanitary sewer and water conveyance and treatment capacities are available to serve the property. The rezoning application proffer states that the proposed use of the 119.27-acre RP Residential Performance District zoned portion of the property will be limited to 300 single family dwellings. The proffers are silent on the proposed uses of the 238.37-acre RA Rural Areas District zoned portion of the application. The Impact Analysis (IA) projects water and sanitary sewer flows of 90,000 GPD (gallons per day). Through various efforts, discussed in more details below, Frederick Water extended water and sewer to the subject properties in 2008. A 20-inch water main was extended to the subject properties, and recently 12-inch and 8-inch stubs were provided to meet the subject properties' Water At Your Service Page 2 Greystone Properties, LLC kite Family Properties rezoning applicat* Review Comment 43 Evan Wyatt April 7, 2021 water demands. And a 12-inch sanitary sewer force main was extended to serve the subject properties sanitary sewer demands. The proffers provide for this 12-inch sanitary force main to be extended, continuing the 12-inch size, to the Abrams Creek area where the proposed pump station will be located. The submitted proffers address the operational costs of pretreatment and chemical feed systems necessitated because the new development's reduced scale will generate significantly less sanitary flows than the sanitary sewer force main was designed and constructed to convey. The proffers commit to design the pump station to easily accommodate future expansions as flows warrant. The applicant and its proffers should provide for adequate easements to facilitate gravity sanitary sewer flow from the entire 357+ acre Willow Run project land area and adjacent properties to the proposed sanitary sewer pump station that will be constructed to serve the proposed 300 age -restricted units. Consistent with the original Willow Run concept, utilizing gravity sewer flows minimize the number of sanitary pump stations required to meet sewer flow demands in the future. Aside from the proffered pretreatment and chemical feed system, the rezoning proposal's significant reduction in land use activities (residential and commercial land uses) results in unaddressed financial impacts to the water and sewer system. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and limited capital contribution funding to either the water or wastewater treatment plants, and the distribution and conveyance system. The applicant enhanced the proffered commitments to accommodate future sanitary flows via easements, upsized gravity sewer and forcemain, and readily expandable pump station design, so that the community will benefit from value that will be realized in the future. Abrams Creek West Water and Sewer agreement The land within this rezoning application was previously rezoned in 2005 as the Willow Run development with 1,390 residential units and a 32-acre commercial area. The October 4, 2005 Abrams Creek West Water and Sewer agreement between the Willow Run developers (Greystone Properties and Miller & Smith) and Frederick Water provided for the extension of water and sewer services to the Willow Run development (the extensions mentioned above). The agreement requires that the lines be sized to provide a minimum capacity of 346,000 gallons per day reflective of the projected water and sewer demands of Willow Run. Per the agreement, Frederick Water sized, designed, and constructed the extended water and sewer infrastructure to meet the needs of Willow Run, with a minimum capacity of 346,000 gallons Page 3 Greystone Properties, LLC kite Family Properties rezoning applicat' Review Comment 43 Evan Wyatt April 7, 2021 per day. The new rezoning proposal will generate 90,000 gallons per day of water and sewer demand, utilizing 25% of the sewer infrastructure that Frederick Water funded and constructed to meet the demands of Willow Run. The developer continues to be responsible for the design and construction of the pump station sized to complement the existing force main and its minimum capacity of 346,000 GPD. In exchange for the extension of services to the development site, the Willow Run developers agreed to purchase a minimum number of water and sewer connections to ensure that Frederick Water would recover and repay the bond which was utilized to fund the design and construction of the water and sewer infrastructure extended to the property — the extension of infrastructure to a development is a developer's responsibility. With the new rezoning proposal proffered cap of 300 residential units, there will be a significant shortfall in the financial contributions toward the overall water and sewer system, including distribution, conveyance, and treatment. The original Willow Run project and the water and sewer agreement was premised on initially funding the extension of infrastructure (332 units) and any additional units (1,000+ residential plus commercial development) would provide capital contributions/funds towards treatment plant capacity to meet the projects demands. The new rezoning development proposal and its proffered limit of 300 residential units will result in the development only contributing towards the developers' responsibility to extend water and sewer infrastructure to the development, and a reduced capital funding contribution to the water or wastewater treatment plants, and the distribution and convey system. Thank you for the opportunity to offer review comments on the Greystone Properties, LLC & White Family Properties rezoning application. Sincere , 15 Eric R. Lawrence Executive Director Cc: Candice Perkins, County Planning Department Evan Wyatt • 0 From: Wayne Lee <Leew@fcpskl2.net> Sent: Thursday, January 16, 2020 3:58 PM To: Evan Wyatt Cc: Al Orndorff; David Sovine; John Grubbs; Beth Brown Subject: Greystone Properties and White Properties Rezoning application Evan, Good afternoon. We have looked at the Greystone and White Rezoning. We note that a reduction in RP zoning is proposed (rezoning to RA), as well as an age restriction on all of the remaining RP. Because there are no impacts on the school system, we offer no comments. Thank you for the opportunity to comment. Wayne Kenneth Wayne Lee, Jr., ALEP, LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leew@fcpskl2, net (office) 540-662-3889 x88249 (cell) 540-333-2941 1 u Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attu: 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 107 North Kent Street Suite 200 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 Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-41 s5 side of City of Winchester Corporate Limits Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 Pc.. Zoning requested: RP & RA Acreage: 119.27 RP -Z?,5.3'/ RR Department of Public Works Comments: Public Works Signature & Dater ✓ V �Z ` s 1 R Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Eland deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his 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 Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 P,,—. Zoning requested: RP & RA Acreage: 119.27 RP 23a,3 T Rf\ Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 23 0 • Frederick County Department of'Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fino@feva. us Plan Review & Comments Date Received 11121 /2019 Plan/Permit Type Rezoning Application 11-21-19 Name Greystone Properties RP/White Family Properties RA Address Cedar Creek Grade Winchester Project Name Age -Restricted & Rural Area Rezoning Applicant Name & Number Greenway Engineering 540-662-4185 RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Adequate Inadequate /A Adequate Inadequate k /A Adequate Inadequate N A Yes No I\/A Approve Signature: Reviewed By: Kenneth Scott, Jr. Title: y �5� Date Reviewed 12/2/2019 VA 22602 Rezoning Comments • • Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation 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 property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 a-c_ Zoning requested: RP & RA Acreage: 119.27 RP ; zag.S-1 PA\ Department of Parks & Recreation Comments: t Pks. & Rec. Signature & Date: 0 Notice to Department of Park & Recreation - Please Return This Form to the Applicant 24 REQUEST FOR REZONG COMMENTS • Frederick County Inspections Department Mail to: Frederick County Inspections Department 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 (540) 665-5650 Hand deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2nd Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: GreenwayEnaineering. Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (54o) 662-41a5 Name of development and/or description of the request: Greystone Properties Age -Restricted Community Rezoning-119.27 acres RP District White Family Properties Rural Area Rezoning - 238.37 acres RA District Location of Property: North side of Cedar Creek Grade; East side of Route 37 and Merriman's Lane; South side of W&W Railroad and West side of Winchester Corporate Limits Building Official's Comments: Building Official's Signature & Date: _ % �� — — — — — I ZbZv Notice to Inspections Department - Please Return This Form to the Applicant 12 Site plan comments shall be provided at site plan submittal. No comments for Residential Rezoning SASite Plan commentA2015\Residential, Rezoning WWtes.doc 0 • Rezoning Comments Winchester Regional Airport Mail to Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport 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. Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Cedar Creek Grade; East side of Route 37 and Merrimans Lane; South side W&W Railroad; West side of City of Winchester Corporate Limits Current zoning: R4-357.64 roc. Zoning requested: RP & RA Acreage: 119.27 RP 238.37 RAC Winchester Regional Airport's Comments: AlOkA . Winchester Regional rt's Signature & Date: Notice to Winchester egional Airport - Please Return Form to Applicant 31 Evan Wyatt 0 0 From: Timothy Youmans <Timothy.Youmans@winchesterva.gov> Sent: Friday, February 14, 2020 7:07 PM To: Evan Wyatt Cc: Perry Eisenach Subject: City Planning Comments on Greystone Properties RP & White Family Properties RA Rezoning Evan, Sorry for the delay in compiling my thought on the proffered rezoning. I really don't have any comments on the larger rezoning of the White property back to RA, but do have some comments/concerns about the rezoning associated with the up to 300-unit age -restricted unit gated community on the Greystone Properties portion proposed for rezoning to RP. Thank you for meeting with me back on January 16, 2020 to help me better understand the request. I have mixed feelings about the advisability of creating upwards of a 300-unit age -restricted community that has only a single point of access to the public street network. While I understand that the anticipated LOS F condition for the weekday PM traffic exiting this private gated community does not mathematically impact the traffic flow on Cedar Creek Grade through movement, I think it does create a safety issue since the residents will become frustrated enduring excessive wait times trying to access Cedar Creek Grade and may present a hazard associated with risky decisions to pull out into oncoming traffic in an unsafe manner. This will be particularly true for the left -turning traffic which appears to be about 65% of the trip distributions according to Figure 10 in the Traffic Impact Analysis(TIA). Per Figure 12 of the TIA, it appears that the projected Year 2027 traffic conditions will have 1,040 vehicles (731EB+309WB) during the AM peak hour and 1,551 vehicles (585EB+966WB) in the PM peak hour moving past the development entrance on Cedar Creek Grade. That leaves little gap for the drivers (mostly senior citizens I would guess) to make a left turn out onto the road. I think there will be strong homeowner pressure on Frederick Co, VDOT and even the City of Winchester to seek public funding and approval of a traffic signal or other improvement to make it safer and more convenient for them to access the public roadway, especially eastbound. I have mixed feelings about recommending a full street connection to Cidermill Lane in the adjoining Orchard Hill Subdivision situated within the City limits. This public sheet was approved as part of the latter phase of Orchard Hill townhouse development (the latter phases constructed by Oakcrest) to be a through street connection to whatever would be built in the adjoining County land. Given the unlikelihood of any northern outlet to W. Jubal Early Drive following the surrender of the state funds by Frederick County and the reversion of the former Willow Run (Miller & Smith) development property back to RA by the White Family, I am hesitant to recommend more than just the emergency connection to Cidermill Lane that is called out in the proffers. I believe that the occupants of the 300 County homes would probably select that local neighborhood street over trying to make a left turn down at Cedar Creek Grade if they are wishing to come into the City. That would also negatively impact Harvest Lane which has a heavy volume of traffic between W. Jubal Early Dr and Cedar Creel< Grade. We already have citizens petitioning for traffic signals at the north and south termini of Harvest Drive even though prior warrant studies have not justified a traffic signal at either terminus. Regarding multimodal circulation, I would suggest that the rezoning applicant (developer of the Greystone Properties part) consider committing to construction of a paved trail connection to the Green Circle Trail (GCT) within the area proffered for future W. Jubal Early Drive ROW dedication. The bike/walking connection at Cidermill Lane does not provide a very direct connection to the existing GCT as would a trail at the northern end of the site. Cidermill Lane actually angles southward away from the GCT before connecting with Harvest Drive where bikers would need to share the busy road with motorized vehicles. 1 Lastly, I feel that there needs to be rre attention paid to the worsening coed*i on Cedar Creel< Grade at the eastbound approach to the Rte 37 on -ramp. Because of the limited pavement with on Cedar Creel< Grade at the underpass, a backup condition is caused by only one or two vehicles waiting to make a left -turn eastbound along Cedar Creel< Grade on to the Rte 37 northbound ramp. This delays the through movement on Cedar Creek Grade. While some of the impacted traffic is originating in western Frederick County, a growing amount is traffic that has just exited Rte 37 southbound after making a left -turn at the Rte 37 southbound traffic signal on Cedar Creek Grade. This traffic volume will increase due to the residents of this new development trying to return to their homes from points north of the development. I think some proportional contribution to mitigating that worsening condition should be considered. I do want share with you, that I did briefly discuss this proposal with City Public Services Director Pent' Eisenach. He does want to take a closer look at the TIA and may have additional City comments or questions. Let me know if you want to discuss any of this further before I share my concerns with Frederick County planning and formalize my comments on the signed rezoning comment form. Thanks, Tim Timothy A. Youmans Planning Director City of Winchester 15 N. Cameron Street Winchester, VA 22601 Phone: (540) 667-1815 ext. 1415 Email; timothy. you ma ns(cbwinchesterva.gov Winc1hPeter-, �V1C11'.A1'IIICheStell'i1.�T0�'��))�llllllIIQ *** VIRGINIA FREEDOM OF INFORMATION NOTICE *** NOTICE: This e-mail and any of its attachments may constitute a public record under the Virginia Freedom of Information Act. Accordingly, the sender and/or recipient listed above may be required to produce this e-mail and any of its attachments to any requester unless certain limited and very specific exemptions are applicable. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 May 3, 2021 Greenway Engineering Attn: Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning for Greystone Properties RP & NVIlite Family Properties RA Rezoning Property Identification Number (PIN): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A, and 63-A-2A Dear Mr. Wyatt: Thank you for the opportunity to issue comment on the proposed rezoning for Greystone Properties, LLC and White Family Properties. Please consider the following Staff comments and concerns as this application proceeds to the Planning Commission and Board of Supervisors. 1. Staff appreciates tile increase from 20 to 25 years of the window to take advantage of the right-of-way proffer for Jubal Early Drive and Merriman's Lane. However, given transportation funding trends in the Commonwealth, Staff would request a longer window or no time limitation be considered as procuring funding for this needed transportation improvement will be challenging. 2. Please continue working to include a hiker biker trail open to the public between Cedar Creek Grade and future Jubal Early Drive. Once again, I would thank you for the opportunity to comment and would note that Staff also reserves the right to issue additional or modified comments as any new information or comment from VDOT surfaces or changes in conditions or proffers may dictate or to remove items that are resolved. Thank you John A. Bishop, Al Assistant Director -Transportation 107 N. Kent Street, Suite 202 Winchester, VA 22601 JAB/pd Pam Deeter To: Evan Wyatt Subject: Transportation Rezoning 2 Comments Attachments: SPlanning K21050310570.pdf Good morning, Please find attached the transportation rezoning comments from Mr. Bishop. If you should have any questions, please contact him. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: postmaster@greenwayeng.com To: Evan Wyatt (ewyatt@greenwayeng.com) Sent: Monday, May 3, 2021 10:57 AM Subject: Delivered: Transportation Rezoning 2 Comments Your- message has been delivered to the following recipients ,[--van Wyalt.�ewyatcf�clreenwaye��_com)_Lewyatl@greenwayenc�_crnL) Subject: Transportation Rezoning 2 Comments COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 29, 2021 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification Numbers (PINS): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Western Jubal Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and higher density residential uses. 2. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. 3. Environmental Proffers. The approved proffer contained a proffer that provided access to the wetland areas to Shenandoah University, this application would remove the access ability from the area proposed to be zoned RA. A large area of environmental features Page 2 Mr. Evan Wyatt RE: Greystone/White April 29, 2021 (wetland and pond) is located on PIN 53-A-90 and access should be maintained as originally proffered. 4. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 5. Agency Comments. Please provide appropriate agency comments frorn the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney, and the City of Winchester. 6. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd COUNTY of� FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 3, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RC: Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification Numbers (PINs): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3- and 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of' land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. Western Jubal Carly Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of' the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with a residential land use designation. The Plan calls for single family detached and small lot units and not exceed four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent Nvith the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and urban/suburban residential uses. The Applicant should consider, as part of tine currently proposed rezoning, proffers for future development or subdivision of the RA portion that would conform to the Comprehensive Plan and development or subdivision that would recognize the current proffer commitments for the RA portion. 2. TDR Program and Ability to Develop with RA ZoninjZ. Rezoning a property to the RA District would typically provide the ability to still develop residentially should the owner choose to utilize the Transfer of Development Rights Program. However, in this instance, Staff would note that due to the transportation components outlined in the Plan which call for important linkages between Jubal Early Drive, Route 37 and Page 2 Mr. Evan Wyatt RL: Grcystonc/Whitt December 3, 2020 Cedar Crcck Grade, and Cilv11'o11111cntal Icatlll'CS on this site, the use of the TDR Program would not be appropriate. The Applicant should consider, as Dart of the currently proposed rezoning, 1)1'0ffCl'S 101' future dcvcloplllcnt of subdivision of the RA portion that would conlornl to the Compl'Cherisivc Plan and development or subdivision that would recognize the current prol'1'cr commitments for the RA portion. 3. Western Jubal Carly Land Use Plan — Community Linkages. The Plan states that "the C0111InLill it), will be linl<cd by all CIIIcicilt road System, multi -purpose trails and sidewalks". The Plan I'urthcr states that "A major collector Toad, as included in the MPO Plan, is planned to facilitate traffic movement in a north soutll direction to provide a connection between RIM Early Drive and Cedar Crcck Gradc". The proposed revision to provide for a gated community Nvith private roads does not conform to the Plan as it would eliminate the connection from Cedar Creek Grade to Jubal Early Drive extended. 4. Deed/Plat. Provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning prior to filial Subinittal. 5. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. It is unclear how a GDP as indicated in the comment response letter would hinder future development. The ..proposed zoning & ROW Map" should be amended to a GDP that outlines prol7'ers 5, 6, 7, 8 and the road improvement exhibit. 6. Redline Proffers. Provide a redline profTer statement that depicts the changes From the approved proffer statement and what is proposed to be changed/removed. 7. Proffer B1. This proffer should be expanded to include a provision should the private street wavier not be granted by the Board of Supervisors. 8. Proffer B2. Please confirm the impact that the proposed improvement has on the egress delay shown in the TIA. While staff understands that the improvement was discussed as a possible remedy, the proposal needs to be tested and staff has not seen confirmation of this testing taking place. In addition, the language regarding specific turn lane and taper language should note that these are minimums. If not constructed within the tirneframe currently envisioned these distances could prove to be inadequate at implementation. VDOT should have the opportunity to increase these lengths upon implementation if conditions require it. 9. Bicycle and Pedestrian Connectivity. The Western Jubal Early Land Use Plan states that "tile C011111111111ty will be liril<ed by all efficient Toad System, multi -purpose trails and sidewalks". Staff would emphasize the importance of connectivity for bicycle and pedestrian access. Staff would note that the items the Applicant has stated they are willing to provide are not memorialized in the proffers. Page 3 Mr. Evan Wyatt RE: Greystone/White December 3, 2020 10. Proffer B6. Given the long-term nature of the comprehensive plan improvement that is being discussed and the difficulty in obtaining funds for significant transportation improvements, staff is uncomfortable with the sunset clause on this proffer. While appreciative of the increase from 20 to 25 years, the preference would be to not have a limitation. 11. Proffer B6 and B7. Proffers B6 and B7 should be combined given the related nature of the road projects they are referencing and reiterates the concern about the sunset of 25 years on the proffer. 12. Environmental Proffers. The approved proffer contained a number of proffers relating to the delineation and protection of the wetlands; specifically, no development, disturbance other than trials and roads and no platting of lots within this area. Furthermore, the proffer provided access to Shenandoah University for access to this area for the purpose of studying and monitoring. This revision should provide for the protection of these environmental areas. Aquatic Center Proffer 13. Aizencv Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney and the City of Winchester. 14. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd John A. Bishop, AICP Assistant Director — Transportation Pam Deeter To: Evan Wyatt Subject: Proposed Rezoning for Greystone/White Family Properties Attachments: Preliminary Comments -second JB Comments added.docx Good morning, Please find attached a letter from Mr. Bishop and Ms. Perkins for the above proposed rezoning. If you should have any questions, please contact Mr. Bishop or Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pdeeter@fcva.us Pam Deeter From: postmaster@greenwayeng.com To: Evan Wyatt (ewyatt@greenwayeng.com) Sent: Thursday, December 3, 2020 8:16 AM Subject: Delivered: Proposed Rezoning for Greystone/White Family Properties Your message has been delivered to the following recipients: Evan Wyatt (ewyatt@greenwayeng.comj (ewyatt@greenwayeng.com) Subject: Proposed Rezoning for Greystone/White Family Properties COUNTY of FREDERICK Dcparhncnt oi' Planning and Dcvclopmcnl 540/ 665-5651 Fax: 540/ 665-6395 November 19, 2020 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Second Comments - Proposed Rezoning for Greystone/White Family Properties Property Identification Numbers (PINS): 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A- 9213, 53-3-A, 63-A-2A Dear Evan: I have had the opportunity to review the revised draft rezoning application for the Greystone/White Family Properties. This application seeks to rezone 119.27 acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37 acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District without proffers. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Western Jubal Early Land Use Plan — Land Use. The 2035 Comprehensive Plan and the Western Jubal Early Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA and the UDA. The 2035 Comprehensive Plan identifies this property with a residential land use designation. The Plan calls for single family detached and small lot units and not exceed four units per acre. While the area shown to be rezoned from R4 to RP is generally consistent with the Plan, the proposed downzoning 238 acres to the RA District is inconsistent with the Plan. The potential downzoning would enable up to 47 five acre lots to develop which would not conform to the Plan's vision of commercial uses, and urban/suburban residential uses. The Applicant should consider proffering that any future development or subdivision of the RA portion must be proceeded by a rezoning application that conforms to the Comprehensive Plan. 2. Western Jubal Early Land Use Plan — Community Linkages. The Plan states that "the community will be linked by an efficient road system, multi -purpose trails and Page 2 Mr. Evan Wyatt RE: Greystone/White November 19, 2020 sidewalks". The Plan further states that "A major collector road, as included in the MPO Plan, is planned to facilitate traffic movement in a north south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade". The proposed revision to provide for a gated community with private roads does not conform to the Plan as it would eliminate the connection from Cedar Creek Grade to Jubal Early Drive extended. 3. Deed Plat. Provide the deeds for each property along with a zoning plat with legal references for the proposed rezoning prior to final submittal. 4. Generalized Development Plan. As previously noted, Staff recommends the inclusion of a proffered generalized development plan. It is unclear how a GDP as indicated in the comment response letter would hinder future development. The "proposed zoning & ROW Map" should be amended to a GDP that outlines proffers 5, 6, 7, 8 and the road improvement exhibit. 5. Proffer B1. This proffer should be expanded to include a provision should the private street wavier not be granted by the Board of Supervisors. 6. Proffer B2. Please confirm the impact that the proposed improvement has on the egress delay shown in the TIA. While staff understands that the improvement was discussed as a possible remedy, the proposal needs to be tested and staff has not seen confirmation of this testing taking place. In addition, the language regarding specific turn lane and taper language should note that these are minimums. If not constructed within the timeframe currently envisioned these distances could prove to be inadequate at implementation. VDOT should have the opportunity to increase these lengths upon implementation if conditions require it. 7. Bicycle and Pedestrian Connectivity. The Western Jubal Early Land Use Plan states that "the community will be linked by an efficient road system, multi -purpose trails and sidewalks". Staff would emphasize the importance of connectivity for bicycle and pedestrian access. Staff would note that the items the Applicant has stated they are willing to provide are not memorialized in the proffers. 8. Proffer B6. Given the long-term nature of the comprehensive plan improvement that is being discussed and the difficulty in obtaining funds for significant transportation improvements, staff is uncomfortable with the sunset clause on this proffer. While appreciative of the increase from 20 to 25 years, the preference would be to not have a limitation. Page 3 Mr. Evan Wyatt RE: Greystone/White November 19, 2020 9. Proffer B6 and B7. Proffers B6 and B7 should be combined given the related nature of the road projects they are referencing and reiterates the concern about the sunset of 25 years on the proffer. 10. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney and the City of Winchester. 11. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $35,382 based upon acreage of 357.64 acres. All the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd John A. Bishop, AICP Assistant Director —Transportation n,1F3U c(JrlhlrRCC r�nr�< �)�:wr, Sul1I 11s0 O RFSIN, VA 20191 8858970 TECHNICAL MEMORANDUM Greystone Properties, LLC Rezoning Median Acceleration/Storage Lane Analysis Date: December 4, 2020 To: Brad Riggleman, P.E. From: Andrew Butsick, P.E.; John Callow Project #: 24079 Kittelson & Associates, Inc. (Kittelson) developed this memorandum to document the evaluation of a median protected acceleration/storage lane at the proposed access point to the Greystone development on Cedar Creek Grade in Frederick County, Virginia. Attachment A illustrates the proposed lane configuration at the site driveway to be constructed prior to the first occupied dwelling unit within the Greystone development. The intersection was previously evaluated as a traditional two-way stop - controlled intersection as part of the November 2019 traffic impact analysis (TIA), which assumed a site build -out year of 2027. The forecast year 2027 site driveway volumes (post -build out) for the weekday a.m. and weekday p.m. peak hours in the November 2019 TIA were applied to the new proposed lane configuration shown in Attachment A. Table 1 compares the forecast year 2027 post -build out operations under the traditional two-way stop -control intersection (TWSC) and TWSC with the added median acceleration/storage lane. Table 1. 2027 Total Traffic Conditions - Two -Way Stop -Control w/ and w/o Median Acceleration Lane Route 622 (Cedar Creek Grade)/Site Driveway (q4) Two-way EB EBL 200' A 0 8.0 B 5 EBT - 0 0.0 0 EB Approach - 0.1 EO. WBStop-Controlled WBT - 0 0.0 0 WBR 150' 0 0.0 0 WB Approach - 0.0 - 0.0 SB SB D 43 32.0 F 65 93.6 R - B 5 10.4 C 8 19.3 SBApproach C - 24.4 F 67.8 Two -Way Stop -Control w/Median Acceleration Lane EB EBL 200' 0 0.0 0 0.0 EBT - 0 0.0 0 0.0 EB Approach - 0.0 - 0.0 WB WBT - 0 0.0 0 0.0 WBR 150' 0 0.0 0 0.0 WB Approach - 0.0 - 0.0 SB SBL - B 10 11.2 C 18 22.5 SBR B 5 10.4 C 8 19.3 SB Approach B 10.9 C - 21.4 FILENAME.' H.• 124124079 - GREYSTONE PROPERTIES LLC REZONINGICOMMENTSI Z4079 MEDIAN ACCELERATION LANEANAL YSIS MEMO. DOGY Greys tone Properties, LLC Rezoning • 40 Project M 24079 December 4, 2020 Page 2 Attachment 8 contains the Synchro operational worksheets for the intersection with the median acceleration lane. As shown, the addition of a median acceleration/storage lane for southbound left - turning vehicles exiting the site is anticipated to reduce delays from 93.6 seconds (LOS F) to 22.5 seconds (LOS C) during the weekday p.m. peak hour. This reduction in delay results from the ability of southbound left -turning vehicles to complete a two -stage turn, rather than need to find a gap in both eastbound and westbound traffic on Cedar Creek Grade at the same time. As the Highway Capacity Manual, 6t11 Edition methodologies used to evaluate the median acceleration lane in Synchro do not forecast any delays for the eastbound left -turn movements (due to the required link layout in Synchro to accurately model the median acceleration lane), the operations of the site driveway with the median acceleration lane were also evaluated using SimTraffic software in accordance with VDOT TOSAM parameters. Table 2 illustrates the forecast delays and 951" percentile queues output from the SimTraffic analysis. Attachment C contains the SimTraffic operational worksheets. Table 2. 2027 Total Traffic Conditions — SimTraffic Analysis Intersection Information Intersection (g) Traffic Control Approach Lane Group AM Peak Existing/ Proposed Delay turn -lane (sec) lengths Hour Back of Queue (feet) PM Peak Delay (sec) Hour Back of Queue (feet) Route6• - Grade)/Site Driveway (IM) ..Acceleration Lane As shown, the eastbound left -turn movement is forecast to operate with a total delay per vehicle of 1.9 and 16.7 seconds during the weekday a.m. and weekday p.m. peak hours, respectively. All 95th percentile queues are forecast to be contained within the proposed storage. CONCLUSIONS The proposed site driveway on Cedar Creek Grade is forecast to operate acceptably under year 2027 post -build out traffic conditions with the proposed median acceleration/storage lane. Kittelson & Associates, Inc. Reston, Virginia Attachment A Proposed Lane Configurations: Cedar Creek Grade/Site Driveway I.— _m X W P F Z W i w 'o cr a i o B Y W W cr U Q O W U PROFFER NOTES I DIMENSIONS SHOWN ARE APPROXIMATE BASED ON THE AVAILABLE DATA AT THE TIME OF THE PROFFER EXHIBIT DEVELOPMENT DIMENSIONS OF EXISTING CONDITIONS AMC) TAPER LENGTH CALCULATIONS ARE SUBJECT TO CHANGE UPON RECEIPT OF A DETAILED ASBUILT ROAD CONDITION AND DURING FINAL DESIGN 2 R 0 W AND EASEMENTS NEEDED ON TAX PARCEL 63-A-20 IS THE RESPONSIBILITY OF THE OWNER OF TAX PARCEL 63-A-2A H l I Attachment B Year 2027 Post -Build Out Traffic Conditions: Synchro Operational Worksheets for Proposed Lane Configuration HCM 6th TWSC 0 • Greystone Property 4: Cedar Creek Grade & Greystone Dwy Weekday AM Peak - Total Traffic - Median Acceleration Lane - --- -- - _.. . . ntersection _ �- -- i Int Delay, s/veh 2.9 Movement EBL EBT EBR WBL WBT WBR SBL SBR NWL NWR NEL NER Lane Configurations t r Traffic Vol, veh/h 0 0 0 0 309 26 77 0 0 0 14 0 Future Vol, veh/h 0 0 0 0 309 26 77 0 0 0 14 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Free Free Free Stop Stop Stop Stop Free Free RT Channelized - - - None - - - - - Storage Length 150 0 200 - - 0 Veh in Median Storage, # - 0 - 0 - 0 - 22350 - 22350 - Grade, % - 0 - 0 - 0 - 0 - 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 10 0 0 2 2 2 0 2 Mvmt Flow 0 0 0 0 336 28 84 0 0 0 15 0 Moor/Minor Major2 Minor2 Conflicting Flow All - 0 336 336 Stage 1 - - - 336 - Stage 2 - 0 - Critical Hdwy - - - 6.4 6.2 Critical Hdwy Stg 1 - 5.4 - Critical Hdwy Stg 2 - - - - Follow-up Hdwy 3.5 3.3 Pot Cap-1 Maneuver 0 - - 663 711 Stage 1 0 728 - Stage 2 0 - - - - Platoon blocked, % Mov Cap-1 Maneuver - - 663 711 Mov Cap-2 Maneuver 663 - Stage 1 - - 728 - Stage 2 - 4proach WB SIB HCM Control Delay, s 0 10.9 HCM LOS B Minor Lane/Maor Mvmt WBT WBR SBLn1 SBLn2 Capacity (veh/h) - - 663 711 HCM Lane V/C Ratio - - 0.126 0.064 HCM Control Delay (s) - - 11.2 10.4 HCM Lane LOS - - B B HCM 95th %tile Q(veh) - - 0.4 0.2 Greystone Property Synchro 10 Report Weekday AM Peak - Total Traffic - Median Acceleration Lane k Page 1 HCM 6th TWSC 0 9 Greystone Property 4: Cedar Creek Grade & Greystone Dwy Weekday PM Peak - Total Traffic - Median Acceleration Lane u 1 I•t Int Delay, s/veh Movement 1.3 EBL EBT EBR WBL WBT WBR SBL SBR NWL NWR NEL NER Lane Configurations t r Traffic Vol, veh/h 0 0 0 0 966 76 45 0 0 0 41 0 Future Vol, veh/h 0 0 0 0 966 76 45 0 0 0 41 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Stop Stop Stop Free Free Free Stop Stop Stop Stop Free Free RT Channelized - - - - - None - - - - - - Storage Length - - - - - 150 0 200 - - 0 Veh in Median Storage, # - 0 - - 0 - 0 - 22350 - 22350 - Grade, % - 0 - - 0 - 0 - 0 - 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 0 0 2 2 2 0 2 Mvmt Flow 0 0 0 0 1050 83 49 0 0 0 45 0 Major/Minor Major2 Minor2 Conflicting Flow All 0 1050 1050 Stage 1 - - - 1050 - Stage 2 - 0 - Critical Hdwy - 6.4 6.2 Critical Hdwy Stg 1 - 5.4 - Critical Hdwy Stg 2 - - - - Follow-up Hdwy 3.5 3.3 Pot Cap-1 Maneuver 0 254 278 Stage 1 0 340 - Stage 2 0 - - - - Platoon blocked, % Mov Cap-1 Maneuver - 254 278 Mov Cap-2 Maneuver - 254 - Stage 1 - - - 340 - Stage 2 - - Approach WB SB HCM Control Delay, s 0 21.4 HCM LOS C Minor Lane/Maor Mvmt WBT WBR SBLn1 SBLn2 Capacity (veh/h) - 254 278 HCM Lane V/C Ratio - 0.193 0.094 HCM Control Delay (s) - - 22.5 19.3 HCM Lane LOS - - C C HCM 95th °/stile Q(veh) - - 0.7 0.3 Greystone Property Synchro 10 Report Weekday PM Peak - `total Traffic - Median Acceleration Lane Page 1 • Attachment C Year 2027 Post -Build Out Traffic Conditions: SimTraffic Operational Worksheets SimTraffic Performance Rjort • Greystone Property Weekday AM Peak - Total Traffic - Median Acceleratt&PHd Peak -Total Traffic- Median Acceleration Lane 4: Cedar Creek Grade & Greystone Dwy Performance by movement Movement WBT WBR SBL SBR2 NEL All Denied DelNeh (s) 0.3 3.5 0.2 4.0 0.0 0.8 Total DelNeh (s) 0.5 0.1 7.0 4.5 1.9 1.9 Greystone Property SirnTraffic Report Weekday AM Peak - Total Traffic - Median Acceleration Lane Page 1 Queuing and Blocking Reprt 011 Greystone Property Weekday AM Peak - Total Traffic - Median Acceleratl1deN-0 Peak -Total Traffic- Median Acceleration Lane Intersection: 4: Cedar Creek Grade & Greystone Dwy Movement SB SB NE Directions Served L > L Maximum Queue (ft) 54 32 24 Average Queue (ft) 25 12 2 95th Queue (ft) 45 26 13 Link Distance (ft) 440 98 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Greystone Property SimTraffic Report Weekday AM Peak - Total Traffic - Median Acceleration Lane Page 2 SirnTraffic Performance Fort 0 Greystone Property Weekday PM Peak - Total Traffic - Median Accelerat NdwfdA Peak -Total Traffic- Median Acceleration Lane 4: Cedar Creek Grade & Grevstone Dwv Performance by movement Movement WBT WBR SBL SBR2 NEL All Denied DellVeh (s) 1.2 3.1 0.2 4.1 0.0 1.3 Total DelNeh (s) 1.4 0.6 37.0 18.2 16.7 3.5 Greystone Property SimTraffic Report Weekday PM Peak - Total Traffic - Median Acceleration Lane Page 1 • Queuing and Blocking Refrt Greystone Property Weekday PM Peak - Total Traffic - Median AcceleraV* dwRY1 Peak- Total Traffic- Median Acceleration Lane Intersection: 4: Cedar Creek Grade & Greystone Dwy ovement WB WB SB SB NE Directions Served T R L > L Maximum Queue (ft) 2 10 79 44 58 Average Queue (ft) 0 1 26 9 19 95th Queue (ft) 2 7 65 28 47 Link Distance (ft) 582 440 98 Upstream Blk Time (%) 0 Queuing Penalty (veh) 0 Storage Bay Dist (ft) 150 200 Storage Blk Time (%) Queuing Penalty (veh) Greystone Property SimTraffic Report Weekday PM Peak - Total Traffic - Median Acceleration Lane Page 2 F L Transportation Impact Analysis Greystone Properties, LLC Rezoning Frederick County, Virginia November 2019 r� u 0 Transportation Impact Analysis Greystone Properties, LLC Rezoning Frederick County, Virginia Prepared For: Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 Prepared By: Kittelson & Associates, Inc. 11480 Commerce Park Drive, Suite 450 Reston, Virginia 20191 (703)885.8970 Project Manager: Andrew Butsick, PE Project Principal: John Callow Project Analyst: Liz Byrom, El Project No. 240790.0 November 2019 .�°�a�A►.TH oF�r �c' W Cg. 4 2 14 r r I AL Andrew Butsick No. 0402058797 Kittelson & Associates, Inc. Traffic Engineer Greystone Properties, LLC Table o/ Contents November 2019 TABLE OF CONTENTS Tableof Contents............................................................................................... Executive Summary............................................................................................ Introduction................................................................................................... ExistingConditions............................................................................................. Transportation Impact Analysis.......................................................................... Conclusions and Recommendations................................................................... References................................................................................................... APPENDICES Appendix A Scoping Letter Appendix B Traffic Counts Appendix C Level of Service Description Appendix D Existing Conditions Level of Service Worksheets Appendix F 2027 Background Traffic Conditions Level of Service Worksheets Appendix G 2027 Total Traffic Conditions Level of Service Worksheets ................................ ii ................................ 2 ................................ 6 .............................. 11 .............................. 18 .............................. 38 .............................. 41 Kittelson & Associates, Inc. i� . Greystone Properties, LLC • November 2019 Table of Contents LIST OF FIGURES Figure1. Site Vicinity Map......................................................................................................... 7 Figure 2. Conceptual Site Plan...................................................................................................8 Figure3. Zoning Map................................................................................................................. 9 Figure 4. Existing Lane Configurations and Traffic Control Devices ......................................... 12 Figure 5. Existing Traffic Conditions — Weekday AM & Weekday PM Peak Hours ................... 14 Figure 6. Existing Lane Group Levels of Service — Weekday AM & Weekday PM Peak Hours.. 15 Figure 7. Year 2027 Background Traffic Conditions — Weekday AM & Weekday PM Peak Hours .................................................................................................................................. 20 Figure 8. Year 2027 Background Lane Group Levels of Service — Weekday AM & Weekday PM PeakHours................................................................................................................ 21 Figure 9. Year 2027 Total Traffic Assumed Lane Configurations and Traffic Control Devices .. 24 Figure 10. Estimated Trip Distribution Pattern.......................................................................... 26 Figure 11. Net New Site -Generated Trips — Weekday AM & Weekday PM Peak Hours ............. 27 Figure 12. Year 2027 Total Traffic Conditions — Weekday AM & Weekday PM Peak Hours ...... 29 Figure 13. Year 2027 Total Traffic Lane Group Levels of Service — Weekday AM & Weekday PM PeakHours................................................................................................................ 30 Figure 14. VDOT Right -Turn Lane Warrants for Two -Lane Roads — Cedar Creek Grade/Site Driveway - Weekday AM & Weekday PM Peak Hours .............................................. 33 Figure 15. VDOT Left -Turn Lane Warrants— Cedar Creek Grade/Site Driveway — Weekday AM & WeekdayPM Peak Hours.......................................................................................... 34 Figure 16. Access Management Evaluation............................................................................... 36 I Kittelson & Associates, Inc. 0 Greystone Properties, LLC • • November 2019 Table of Contents LIST OF TABLES Table 1. Existing Transportation Facilities and Roadway Designations ................................... 11 Table 2. Existing Conditions — Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection ........................................... 16 Table 3. Year 2027 Background Traffic Conditions — Summary of Peak Hour Levels of Service, 95th Percentile Back of Queue, and Delay for Each Lane Group by Intersection ....... 22 Table 4. Estimated Trip Generation........................................................................................ 25 Table 5. 2027 Total Traffic Conditions — Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection .............. 31 Table 6. Westbound Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PMPeak Hours......................................................................................................... 32 Table 7. Left -Turning Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PMPeak Hours......................................................................................................... 34 Kittelson & Associates, Inc. iv k 0 • Section 1 Executive Summary Greystone Properties, LLC November 2019 Executive Summary EXECUTIVE SUMMARY A traffic operations analysis has been conducted to confirm that the transportation system can adequately support the proposed Greystone Properties development, in fulfillment of Frederick County and Virginia Department of Transportation's (VDOT) requirements for traffic impact studies. The scope of the project analysis was developed in collaboration with County and VDOT staff. Specifically, this analysis includes: ■ Year 2019 existing land use and transportation system conditions within the site vicinity; ■ Forecast year 2027 background traffic conditions (without site development) during the weekday a.m. and weekday p.m. peak periods including in-process/approved developments and regional growth; ■ Trip generation and distribution estimates for the proposed development; ■ Forecast year 2027 total traffic conditions based on full build out of the development including queuing; ■ Access management evaluation; and, ■ Conclusions and recommendations. Based on the results of the transportation impact analysis, the transportation system can accommodate full build -out of the proposed development. The findings of this analysis and our recommendations are discussed below. Existing Conditions ■ All study intersections study intersections are anticipated to operate at LOS C or better. 2027 Background Traffic Conditions ■ Growth rates of one percent (linear) were applied to movements on public roadways to account for near -term regional traffic growth. ■ No transportation improvements or in -process developments were identified for inclusion in the background 2027 analysis. ■ All study intersections are forecast to continue to operate at LOS C or better under year 2027 background traffic conditions. Proposed Development ■ Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11(Valley Avenue) and Route 37 (Winchester Bypass). o The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Owners of land Kittelson & Associates, Inc. 2 Greystone Properties, LLC Rezoning November 1019 Executive Summary parcels adjacent to the proposed development seek to rezone these properties back to agricultural usage. ■ Access to the site upon build -out is proposed via a single full -movement driveway on Cedar Creek Grade. o A future site access point is proposed along the planned West Jubal Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. ■ The development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. 2027 Total Traffic Conditions ■ All study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. o During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. ■ An evaluation of VDOT turn -lane warrants illustrated a westbound right -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A minimum 100-foot taper and 100-foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. ■ An evaluation of VDOT turn -lane warrants illustrated a eastbound left -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Access Management ■ The proposed site driveway meets VDOT access management standards noted in the Road Design Manual. I Kittelson & Associates, Inc. 3 0 Greystone Properties, LLC Rezoning • • November 1019 Executive Summary Develop a westbound right -turn lane and an eastbound left -turn lane with 100-foot tapers and 100 feet of storage at the proposed site driveway. No other on- or off -site transportation improvements are triggered by the proposed Greystone Properties development. Kittelson & Associates, Inc. • Section 2 Introduction Greystone Properties, LLC Rezoning November 2019 Introduction INTRODUCTION Kittelson and Associates, Inc. (Kittelson) prepared this report to document analysis methodologies and assumptions with regard to the proposed Greystone Properties development located north of Cedar Creek Grade between US 11 (Valley Avenue) and Route 37 (Winchester Bypass). The site, shown in Figure 1, proposes a single, full -movement access point on Cedar Creek Grade. Greystone Properties, LLC proposes to apply for a rezoning to allow the development of 300-age restricted single-family dwelling units. The site is currently approved for the development of 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. The remaining land parcels not considered for this development are being considered for rezoning back to agricultural usage. Figure 2 shows a preliminary conceptual site plan. The general topography for the study site can best be described as level to rolling -hill type terrain. Figure 3 illustrates the current zoning map for Frederick County (Reference 1). The site on which the proposed development is located is currently zoned as R4. This analysis determines the transportation related impacts associated with the proposed development and was prepared in accordance with Frederick County and Virginia Department of Transportation (VDOT) requirements for traffic impact studies. The study intersections, time periods for analysis, and scope of this project were selected after County and VDOT staff were consulted. A scoping letter provided for this project is provided in Appendix A. A traffic operations analysis has been conducted to confirm that the transportation system can adequately support the proposed development. Specifically, this analysis includes: ■ Year 2019 existing land use and transportation system conditions within the site vicinity; ■ Forecast year 2027 background traffic conditions (without site development) during the weekday a.m. and weekday p.m. peak periods including in-process/approved developments and regional growth; ■ Trip generation and distribution estimates for the proposed development; ■ Forecast year 2027 total traffic conditions based on full build out of the development including queuing and turn lane analyses, ■ Access management evaluation; and, ■ Conclusions and recommendations. Kittelson & Associates, Inc. 6 Greystone Properties, LLC Rezoning • • November 2019 N 37 621 co Cl) a m w co 11 W JUBAL T EARLY DR Z _Z J WEEMS LN 644 U) Z Q I Uj RAUE GREEK G sze ir szz CE�PR � a aQ SITE 25B B22 B1 11 i ' FREDERICK COUNTY, VA37 50 7 50 522 - 1 l i z 81 11 I♦- Study Intersections Site Vicinity Map Figure Q- Future Study Intersections , Frederick County, VA 1 g J <<. & ASSOCIATES m LJ I G� +awe+.. 11 C e.,.,+v A• S fve.. P p > 50, 01 0 ....��. l • .e.....R« ca.r„�w w.a ..o,. w.w Fr.e. i.k C..ty ZoMV L f lto ille'Y Mv.rs �r .Ro-� - - s' Feel /�••,�••� _ 650 0 650 � �• 11Apj I Mre.nDw-M19 1 Conceptual Site Plan Figure Provided bV GreenwaV Engineering 2 Frederick County, VA KKITTELSON ass:>...c; - R tl Greystone properties, UC Rezoning j< KITTELSON & ASSOC,ATES November 2019 Frederick County Zoning Map Figure Obtained from Frederick County Online GIS Database 3 Frederick County, VA 0 Section 3 Existing Conditions Greystone Properties, LLC Rezoning Existing Conditions EXISTING CONDITIONS The existing conditions analysis identifies the site conditions and current operational and geometric characteristics of the roadways within the study area. These conditions will be compared with future conditions later in this report. Kittelson staff visited and inventoried the proposed Greystone Properties development site and surrounding study area in June 2019. At that time, Kittelson collected information regarding site conditions, adjacent land uses, existing traffic operations, and transportation facilities in the study area. Transportation Facilities Table 1 summarizes the primary transportation facilities in the site vicinity. Figure 4 shows the existing lane configurations and traffic control devices at the study intersections. Existing Transportation Facilities and Roadway Designations Number Speed On - of Limit Side- Bicycle Street Roadway Classification" Lanes (mph) Median walks Lanes Parking Surface US 11 (Valley Avenue) Other Principal Arterial 4 35 No Yes Yes No Paved Route 622 (Cedar Creek Grade) Minor Arterial 2-4' 35 No Yes' No No Paved Route 37 NB Ramps Other Freeway or 1 N/A No No No No Paved Expressway Ramp Route 37 SB Ramps Other Freeway or 2 N/A No No No No Paved Expressway Ramp 'Classifications based on VDOT's 2014 Functional Classification Map. 'Four lanes east of Stoneridge Road, two lanes west of Stoneridge Road 'Sidewalks present east of proposed site entrance only. Pedestrian and Bicycle Facilities Field observations taken in the site vicinity revealed low levels of pedestrian and bicycle activity along Cedar Creek Grade, particularly to the west of Stoneridge Road, where no sidewalks are present and land uses begin to transition to less dense, single-family plots. Moderate levels of pedestrian activity were observed along US 11, where numerous commercial businesses are present. Signalized pedestrian crossings are provided at the US 11/Cedar Creek Grade/Weems Lane intersection. On -street bike lanes are present along US 11. No protected bicycle infrastructure was observed on Cedar Creek Grade. Transit Facilities The City of Winchester operates the Trolley bus route along US 11 and Cedar Creek Grade. With hourly headways between 8:00 a.m. and 6:44 p.m. on Mondays, Wednesdays, and Fridays and 10:10 a.m. and 4:34 p.m. on Saturdays (no Sunday service), the route connects many of the residential communities in Winchester to the commercial land uses along South Pleasant Valley Road (Reference 2). A Trolley bus route stop is located approximately 650 feet east of the proposed site entrance of the Greystone Properties development at the Cedar Creek Grade/Harrison Street intersection. Currently, no bus shelter is present. Greystone Properties, LLC Rezoning 0 ` November 2019 N 37 621 Q) aQ co 'W 11 z W JUBAL EARLY DR U J _2 WEEMS LN 644 Z Q � j LU P R GREEK GRE`DE 626 w 622 GEC J J Q: LU O D 10 I 1 -0- -STOP SIGN Existing Lane Configurations and Figure -TRAFFIC SIGNAL Traffic Control Devices 4 s Frederick County, VA �:;: & ASSOCIATES Greystone Properties, LLC Rezoning • November 2019 Existing Conditions Existing Traffic Volumes and Peak Hour Operations Turning -movement counts were obtained in May 2019 at all existing study intersections. The counts were conducted on a typical weekday morning (6:00 a.m. — 9:00 a.m.) and weekday evening (4:00 a.m. — 7:00 p.m.) during peak time periods when school was in session. Appendix 8 contains all turning movement count data sheets. Consistent with scoping requirements, operational analyses were performed at the following intersections: ■ US 11 (Valley Avenue)/Route 622 (Cedar Creek Grade)/Weems Lane ■ Cedar Creek Grade/Route 37 Northbound Ramps ■ Cedar Creek Grade/Route 37 Southbound Ramps Current Levels of Service and Volume -to -Capacity Ratios All level of service (LOS) analyses described in this report was performed in accordance with the procedures stated in the 2010 Highway Capacity Manual (HCM - Reference 3) and report HCM 2010 outputs'. A description of level of service and the criteria by which they are determined is presented in Appendix C. This analysis is based on the system hourly peak during each of the study periods to evaluate of all intersection levels -of -service. The weekday a.m. and weekday p.m. peak hours were found to occur from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m., respectively. Traffic operations were evaluated using Synchro 10 in accordance with VDOT's Traffic Operations and Safety Analysis Manual v1.0 (TOSAM — Reference 4). Figure 5 shows the overall intersection operational results of the existing traffic operations analysis for the weekday a.m. and weekday p.m. peak hours. Figure 6 shows the lane group LOS. Table 2 summarizes the Synchro 10 peak hour levels of service, 951h percentile back of queue, and delay for each lane group by intersection. Appendix D contains the existing conditions level of service worksheets. 'The signal timing at the US 11/Cedar Creek Grade/Weems Lane intersection currently employs non -National Electrical Manufacturers Association (NEMA) phasing. As such, HCM 2000 outputs are reported for signalized intersections Kittelson & Associates, Inc. 13 Greystone Properties, LLC Rezoning • November 2019 37 621 0 a m 11 co W JUBAL i EARLY DR U J WEEMS LN _2 c 644 Z Q' 0 LU R CREEK GRAD 628 LU s22 GE�A � d 0- O0 0 �05 J 4`1 2 01 246—► LOS=B ♦-69 142 -� 66 Del=16.4 69 544 1 r ClA=NB LOS=C R-220 D01=16.4 �109 Z30\ti LOS=C ♦ De1=25.7 C WEEKDAY AM VAC=0.67 VAC=0.34 V/C=0.50.`� "'s? �t� % 4 1636--► ~ CM=NB D 1 �358 ��zti LOS=C DL05=B1 99 478 —1► r 1 .7 Del=31.3 i WEEKDAY PM VAC=0.72 V/C=0.19 V/C=0.71� 36� ' ^ r,. B1 CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF ' SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO Existing Traffic Conditions Figure Weekday AM and PM Peak Hours 5 s Frederick County, VA i'':: & ASSOCIATES Greystone Properties, LLC Rezoning • . November 2019 37 621 Cf) co a m 11 co W JUBAL 2 EARLY DR J U 2 WEEMS LN U 644 Z Q LU GR��K G�'D� 626 tu 622 GEDA R J O BB CC C B .T B C A WEEKDAY AM C -AL R r C C C C BC C C o� 0 B�. •TB B-4 � WEEKDAY PM D C B C X - LANE GROUP LOS -! - STOP SIGN - TRAFFIC SIGNAL Existing Lane Group Levels of Service Figure Weekday AM and PM Peak Hours 6 Frederick County, VA & ASSOCIATES Greystone Properties, LLC Rezoning • Existing Conditions C-, J November 2019 Table 2. Existing Conditions - Summary of Peak Hour Levels of Service, 95" Percentile Back of Queue, and Delay for Each Lane Group by Intersection Route 622 (Cedar Creek Grade)/Route 37 Southbound Ramps (tt1) Signalized EB I EBTR B 135 14.8 B 1 74 10.7 EB Approach B - 14.8 B - 10.7 WB WBLT B 72 13.4 B 199 18.7 WB Approach B - 13.4 B - 18.7 5B BLT B H276 19.8 C 0274 20.3 PSBR 650 B 25 10.2 B 37 1 13.4 SB Approach B - 18.1 B - 18.5 Overall LOS B - 16.4 B - 17.1 Route G22 (Cedar Creek Grade)/Route 37 Northbound Ramps (H2) Two-way Stop -Controlled EB EBLT - A 10 8.6 B 10 11.2 EB Approach - 1.8 - 1.7 WB I WBTR 0 0.0 0 0.0 WBApproach - 0.0 - 0.0 NB NBLTR C 38 16.4 B 18 12.7 NB Approach C - 1 16.4 1 B - 12.7 US 11 (Valley Avenue)/ Route 622(CedarCreek Grade)/Weems Lane (H3) Signalized EB EBL B 139 19.3 C 124 34.0 EBT - C 196 29.2 D 224 49.2 EBR 370 C 60 26.0 D 60 38.9 EB Approach C - 25.0 D - 41.5 WB WBL - C 50 26.0 C 136 33.1 WBTR C 45 30.8 D 198 45.8 WB Approach C 29.1 D 42.2 NB NBL 340 B 77 17.6 C 11284 21.3 NBT - C 154 2S.5 C 223 24.3 NBR 235 C 0 22.0 C 35 21.2 NB Approach C - 23.5 C - 22.9 SB SBL 370 C 30 22.0 C 63 20.1 SBT - C 151 29.4 C 214 29.2 SBR 350 C 0 25.4 C 53 25.4 SB Approach C - 28.1 c - 27.2 Overall LOS C - 25.7 C - 31.3 #9511' percentile Vohune exceeds capacity; queue may be longer. As shown in the figures and Table 2, study intersections are anticipated to operate at LOS C or better. 0 Kittelson & Associates, Inc. 16 0 Section 4 Transportation Impact Analysis Greystone Properties, LLC Rezoning 0 November 2019 Transportation Impact Analysis TRANSPORTATION IMPACT ANALYSIS The transportation impact analysis identifies how the study area's transportation system will operate through total build out of the project. The Greystone Properties development is anticipated to be constructed and built out by year 2027. Traffic impacts of the proposed Greystone Properties development during the typical weekday a.m. and weekday p.m. peak hours were examined as follows: • Year 2027 background traffic conditions were developed by applying a one percent linear annual growth rate to traffic on public roadways. • Year 2027 background weekday a.m. and weekday p.m. peak hour traffic conditions were analyzed at each of the study intersections. • Site -generated trips were estimated for the proposed site plan. • Site trip distribution patterns identified and confirmed through the scoping process were derived from existing traffic patterns and major trip origins and destinations in the study area. • Year 2027 total traffic conditions were analyzed at each of the study intersections and site - access driveways during the weekday a.m. and weekday p.m. peak hours. YEAR 2027 TRAFFIC CONDITIONS In the 2027 background analysis, traffic operations prior to full build -out of the proposed development are analyzed for the purposes of establishing a baseline against which to measure the specific impacts of the proposed development. Background growth in traffic volumes is attributed to regional growth in the area as well as any specific development within the study area. These two components of growth are discussed below. Regional Growth A one percent annual growth rate for traffic on public roadways was identified and confirmed through the scoping process to account for near -term regional traffic growth. This growth rate was grown linearly to forecast year 2027 background traffic volumes. In -Process Developments No in -process developments are anticipated within the study network by the year 2027. Planned Transportation Improvements No transportation improvements are anticipated within the study network by the year 2027. Kittelson & Associates, Inc. 18 Greystone Properties, LLC Rezoning • Transportation Impact Analysis • November 2019 2027 Background Traffic Conditions Figure 7 shows the overall intersection operational results of the year 2027 background traffic operations analysis for the weekday a.m. and weekday p.m. peak hours. Figure 8 shows the lane group LOS. Table 3 summarizes the peak hour levels of service, 9511' percentile back of queue, and delay for each lane group by intersection. Appendix E contains the 2027 background traffic operational analysis worksheets. Kittelson & Associates, Inc. 19 i • Greystone Properties, LLC Rezoning November 2019 37 621 67 CO a m 11 m W JUBAL z EARLY DR U J Z WEEMS LN co 3 644 Z Q GRPDE sza Uj It 622 CEOAR CREEK CL �Y r ~ ?3�8 �► CM=NB 266--► LOS=B �75 154 -�I LOS=C 1`238 Del=18.0 589 Del=16.6 ?49 LOS=C De1=26.1 WEEKDAY AM 71 75 —► —119 VIC=0.71 r VIC=0.35 VIC=0.53 ,w-B,, r �6� o' h o E won N° yo- 23p ^+ CM=NB 177—► LOS=B �-224 84 -4 LOS=B R-602 ?96 LOS=C ry 52 Del=19.2 224 4B5 — ► Del=13.2 r-388 %� Del=33.2 VIC=0.78,%, WEEKDAY PM o VIC=0.77 V/C=0.20 91 Ar— .39 Z * �1 I / N 3 C N a 4 n o CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF r SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY s (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO a Year 2027 Background Traffic Conditions Figure > Weekday AM and PM Peak Hours 7 Frederick County, VA I;`�,: & ASSOCIATES Greystone Properties, LLC Rezoning • November 2019 37 621 co G7 a m 11 C/) W JUBAL Z EARLY DR Z 2 WEEMS LN J U1 644 Z Q GRADE see � _ szz GEGAR GREEK O BC �CC �1 c � B� .T,B A-r► C\ WEEKDAY AM C C B C C C i BC CC c C �11 �. o� B�. n �-c B-4 WEEKDAY PM r C C i B C n� i r X - LANE GROUP LOS -!- - STOP SIGN i - TRAFFIC SIGNAL 3 Year 2027 Background Lane Group Levels of Service Figure Weekday AM and PM Peak Hours 8 Frederick County, VA 8: ASSOCIATES Greystone Properties, LLC Rezoning 0 Transportation Impoct Anolysis • November 2019 Table 3. Year 2027 Background Traffic Conditions - Summary of Peak Hour Levels of Service, 95"' Percentile Back of Queue, and Delay for Each Lane Group by Intersection Route 622 (Cedar Creek Grade)/Route 37 Southbound Ramps (II1)1 Signalized EB I EBTR B 1 144 15.2 1 B 79 11.1 EB Approach B - 15.2 B - 11.1 WB WBLT B 78 13.7 C 221 21.8 WB Approach B - 13.7 C - 21.8 sa SBLT C H304 23.2 C 11334 22.7 SBR 650 B 26 10.4 B 40 14.1 SB Approach C 20.8 C - 20.4 Overall LOS B - 18.0 B - 19.2 Route 622 (Cedar Creek Grade)/Route 37 Northbound Ramps (N2) Two-way Stop -Controlled EB EBLT A 13 8.6 B 13 11.6 EB Approach - 1.8 - 1.7 WB I WBTR 0 0.0 0 0.0 WB Approach 0.0 - 0.0 NB NBLTR C 38 16.6 B 20 13.2 NB Approach C 16.6 B - 13.2 US 11 (Valley Avenue)/ Route 622(CedarCreek Grade)/Weems Lane (tt3) Signalized EB EBL B 150 19.4 C 134 34.8 EBT - C 212 29.6 D 243 50.0 EBR 370 C 62 26.0 D 67 38.4 EB Approach C - 25.1 D - WB WBL C 53 25.7 C 147 WBTR C 47 30.7 D 215 WB Approach C - 28.9 D - NBL 340 B 80 17.9 C tt352NB ]8.0 NBT - C 162 26.1 C 243 NBR 235 C 0 22.3 C 4S NB Approach C - 24.0 C - SB SBL 370 C 30 22.4 C 66 SBT - C 157 30.3 C 233 1 31.6 SBR 350 C 0 2S.8 C 55 26.8 SB Approach C - 28.9 C - 29.2 Overall LOS C - 26.1 C - 33.2 995'" percentile volume exceeds capacity; gl[Mle nlay be longer. As shown in the figures and Table 3, study intersections and critical movements are anticipated to continue to operate at LOS C or better. 0 Kittelson & Associates, Inc. 22 Greystone Properties, LLC Rezoning Transportation Impact Analysis PROPOSED DEVELOPMENT Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11 (Valley Avenue) and Route 37 (Winchester Bypass). The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Access to the site upon build -out is proposed via a single full - movement driveway on Cedar Creek Grade. A future site access point is proposed along the planned West Juba Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. Figure 9 illustrates the assumed lane configurations and traffic control devices under year 2027 total traffic conditions. Greystone Properties, LLC Rezoning i • November 2019 37 621 c a m 11 co W JUBAL 2 EARLY DR J 2 WEEMS LN 644 C Z Zi it LLJ RA G626 R GREEK D 622 GE�P d O © 0 T ti S Year 2027 Total Traffic Assumed Lane Configurations Figure and Traffic Control Devices 9 Frederick County, VA e ASSOCIATES Greystone Properties, LLC Rezoning 0 November 2019 Transportation Impact Analysis Trip Generation Trip generation estimates for the proposed development were developed using rates specific to VDOT's Staunton District developed by VDOT staff. Table 4 summarizes the trip generation estimates for the proposed development. Table 4. Estimated Trip Generation Peak Hour Adjacent Street Weekday AM Peak Weekday PM Peak Hour Hour ITE Weekday Land Use Code Units Daily Total In Out Total In Out Senior ® r r ®==NMMMN TripsTotal 'Per VDOT staff direction, Weekday Daily, Weekday AM Peak I -lour, and Weekday I'M Peak I-IOUI' trip generation rates were obtained from VDOT Staunton trip generation methodology. As shown in Table 4, the development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. Trip Distribution and Trip Assignment Trip distribution estimates for the proposed project were developed based on anticipated future travel patterns observed near the site and a major origin/destination patterns in the site vicinity. Figure 10 illustrates the estimated trip distribution pattern, which was confirmed through the scoping process. Figure 11 illustrates the assignment of net new trips to the surrounding roadway network during the weekday a.m. and weekday p.m. peak hours. Kittelson & Associates, Inc. 25 0 Greystone Properties, LLC Rezoning November 2019 N 77 CO a¢ Co o a 0 w r N 621 U _Z W JUBAL tt EARLY DR J � 644 Z 622 w 20% EEM`S �N w c'� s2e 1% CED CREE AR w J � o 00 N XX% Trip Distribution Estimated Trip Distribution Figure Frederick County, VA 10 & ASSOCIATES Greystone Properties, LLC Rezoning 0 November 2019 37 621 co a m 'W 11 co W JUBAL 2 EARLY DR Z WEEMS LN J U) _2 644 Z Ir I U GREEK GRPoE 62a szz A R GEGCL r/ L O © O 24 18 /` ��► �.2-6 304'-Ik WEEKDAY AM f-1 6--► 4 24 ta� 23 B i m i y 14 _.W 14 R-76 jj at WEEKDAY PM 1 —► f— 1 19 —� 1a 13 23 t 0 VI N N No l i D 3 Net New Site -Generated Trips Figure Weekday AM and PM Peak Hours 11� g Frederick County, VA & ASSOCIATES Greystone Properties, LLC Rezoning 0 November 2019 Transportation Impact Analysis 2027 TOTAL TRAFFIC CONDITIONS The year 2027 total traffic conditions analysis forecasts how the transportation system in the study area will operate after full build out of proposed development. Site -generated trips shown in Figure 11 were added to year 2027 background volumes shown in Figure 7 to arrive at the 2027 total traffic volumes shown in Figure 12. Figure 13 shows the lane group LOS for the weekday a.m. and weekday p.m. peak hours. Table 5 summarizes the Synchro 10 peak hour levels of service, 95t" percentile back of queue, and delay for each lane group by intersection. Appendix F contains the year 2027 total traffic conditions operational worksheets. Kittelson & Associates, Inc. 28 Greystone Properties, LLC Rezoning 0 November 2019 37 621 co co a m 11 CO W JUBAL i EARLY DR Z WEEMS LN _Z J 644 Z Q Uj GRP`DE sza Ir szz GEOAR GREEK � a O © 0 CM=NB 154%1 LOS=C �256 0::�-97 CM=SB R. 6 9 ,► LOS=C LOU �309 WEEKDAY AM 595—► DoI=17.1 �-142 V/C=0.37 14� Del=32.0 v/c=os7 s 731 V/C=D.39 ~9j 1 rs� 1 1 ! RQ V 0 pU�'�ijJj(p 178—s LOS=Cf—1CM-NB Del=20.5 225 84LOS=B "-612 CM=SB 'k6?LOS=C LOS=F g6 is WEEKDAY PM 52 �41 VC=0.80 229 504— Dot=14.0 V/C=0.25 585!� .VICoe3 V/C=0.58 t Al- 1 7j4 o N`N A yam^ ry i CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) "s Del = INTERSECTION AVERAGE CONTROL DELAY i (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO Year 2027 Total Traffic Conditions Figure Weekday AM and PM Peak Hours 12 ' Frederick County, VA \`: & ASSOCIATES Greystone Properties, LLC Rezoning • • November 2019 37 621 co CO a� m it �W 11 co W JUBAL i EARLY DR J 2 WEEMS LN 644 z I j D: Ui GRAO� 628 Of CREEK 622 GEOA J L aQ O © O DB CC 0--9jr-�V7-A� .�- Ate► �C WEEKDAY AM R r' C T. C C C BC FC CC Dti B--. �►C B-4 .�- � O .- B�► �D WEEKDAY PM —!— Ar- C C 1 C B C CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = CRITICAL MOVEMENT LEVEL OF SERVICE (SIGNALIZED)/CRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIGNALIZED)/CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C = CRITICAL CRITICAL VOLUME -TO -CAPACITY RATIO Year 2027 Total Traffic Lane Group Level of Service Figure Weekday AM and PM Peak Hours ` 13 Frederick County, VA & ASSOCIATES 0 Greys t one Properties, L L C Rezoning Tronsportotion Impact Analysis November 2019 Table 5. 2027 Total Traffic Conditions - Summary of Peak Hour Levels of Service, 951h Percentile Back of Queue, and Delay for Each Lane Group by Intersection Intersection Information AM Existing/ Intersection Traffic Control Approach Lane Proposed LOS M Group turn -lane lengths EB EBTR B EB Approach B Route 622 (Cedar Creek WB WBLT B Grade)/Route 37 Wg Approach B Southbound Ramps Signalized SB SBLT - C (1t1) SBR 650 B SB Approach C Overall LOS 8 Peak Hour Back of Delay Queue (sec) (feet) 144 15.2 PM Peak Hour Back LOS of Delav Queue (sec)W- (feet) B 79 11.0 - 15.2 B - 11.0 91 14.6 C 232 22.8 14.6 C 22.8 11310 24.1 C 11371 25.4 26 10.4 B 42 14.5 - 21.6 C - 22.6 - 18.5 C 20.5 Route 622 (Cedar Creek Grade)/Route 37 Northbound Ramps (112) Two-way Stop -Controlled EB EBLT - A 13 8.8 B 13 11.8 EB Approach - 1.8 - 1.7 WB I WBTR 0 0.0 0 0.0 WB Approach 0.0 - 0.0 NB I NBLTR C 43 17.1 B 25 14.0 NB Approach C 17.1 B - 14.0 US 11 (Valley Avenue)/ Route 622(Cedar Creek Grade)/Weems Lane (43) Signalized EB EBL B 167 19.3 D 4147 36.5 EBT - C t1249 29.7 D 257 50.7 EBR 370 C 67 25.7 D 69 38.0 EB Approach C - 25.0 D - 42.2 WB WBL - C 53 25.7 C 147 34.4 WBTR - C 51 30.7 D 226 47.8 WB Approach C - 29.0 D - 44.2 NB NBL 340 B 85 18.4 C 11426 32.7 NBT - C 162 26.7 C 243 27.1 NBR 235 C 0 22.7 C 45 23.1 NB Approach C - 24.4 C - 28.0 SB SBL 370 C 30 23.0 C 66 22.2 SBT - C 157 31.2 C 233 34.2 SBR 350 C 0 26.5 C 57 28.9 SB Approach C 29.7 C - 31.5 Overall LOS C 26.4 C - 34.9 Route 622 (Cedar Creek Grade)/Site Driveway (114) Two-way Stop -Controlled EB EBL 100 A 0 8.0 B 5 11.2 EBT - 0 0.0 0 0.0 EB Approach - 0.1 - - 0.7 WB WBT - 0 0.0 0 0.0 I WBR 100 0 0.0 0 0.0 WB Approach 0.0 0.0 SB SBL D 43 32.0 F 65 93.6 SBR A B 5 10.4 C 8 19.3 SB Approach C - 24.4 F 67.8 #9511, percentile volume exceeds capacity; queue may be longer. As shown in the figures and Table 5, all study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a Kittelson & Associates, Inc. 31 Greys tone Properties, LLC Rezoning 0 Transportation Impact Analysis E November 2019 gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. Turn -Lane Evaluation The subsequent sections evaluate the need for turn -lanes on Cedar Creek Grade into the proposed site based on forecast year 2027 total traffic volumes. Northbound Right -Turn Lane Per Appendix F of the VDOT Road Design Manual (RDM), right -turn lanes into a private entrance are required on a two-lane roadway if the warrants in Figure 3-26 are met. Table 6 illustrates the applicable volumes required for the right -turn lane warrant analysis, while Figure 14 illustrates the application of these volumes to Figure 3-26 of Appendix F of the VDOT RDM. As shown, a full -width right -turn lane and taper are projected to be warranted during the weekday p.m. peak hour under year 2027 total traffic volumes. Per Figure 3-1 of Appendix F of the VDOT RDM, a minimum 100-foot taper and 100- foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. Table 6. Westbound Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours Kittelson & Associates, Inc. 32 Greystone Properties, LLC Rezoning • November 2019 Transportation Impact Analysis Figure 14. VDOT Right -Turn Lane Warrants for Two -Lane Roads — Cedar Creek Grade/Site Driveway - Weekday AM & Weekday PM Peak Hours 120.,p X. 100 FULL —WIDTH TURN LANE AND TAPER «: ccq'.�f REQUIRED ..a w'i. . A ..4.• r.S . �...a. s �;• iR •�' yes—...�. t�»� +Y... W 80 as+il 11_-A -Off '•t 60 TAPER REQUIRED ` ¢ 40 .: s TURN LANES > 20 (N'U OR TAPERS REQUIRFI) u PHV APPROACH TOTAL, VEHICLES PER HOUR o Weekday AM o Weekday PM 1,042 Field observations showed northbound right -turns into the adjacent commercial entrance on Noble Pond Way are able to complete their maneuver while northbound through movements bypass to the inside without encroaching into the opposing travel direction. As Noble Pond Way is currently 40-feet wide without pavement markings (local roadway), the development of a striped northbound right -turn taper will not be assumed. Southbound Left -Turn Lane Per Appendix F of the VDOT RDM, left -turn lanes into a private entrance are required on a two-lane roadway if the applicable warrants in Table 3-1 and/or Figures 3-5 through 3-22 are met. With a posted speed of 35 miles -per -hour (assumed design speed of 40 miles -per -hour) and left -turns into the site entrance accounting for approximately five percent of the southbound advancing volume, Figure 3-5 of the VDOT RDM is the most applicable warrant for the Cedar Creek Grade/Site Driveway intersection. Table 7 illustrates the applicable volumes required in the warrant analysis at the site entrance, while Figure 15 illustrates these volumes to Figure 3-5 of Appendix F of the VDOT RDM. As shown, a 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Kittelson & Associates, Inc. 33 Greystone Properties, LLC Rezoning Transportation Impact Analysis Table 7. Left -Turning Volumes — Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours Figure 15. VDOT Left -Turn Lane Warrants— Cedar Creek Grade/Site Driveway — Weekday AM & Weekday PM Peak Hours 1,042— ---_-_—_-_____.____ --------�- A i %� } ! At-Grado. Uns'.0nalixed Intersections — L ^ 9b Lotl Turns In VA S = Storage Length Required _ -I — V = 40 mph (cosign Speed) - L-5%-- t S=100' - -- - - -- -- - --- - -- - - — - Le No Left -,--;-_,-- -Turn Lane Required L - - - - - -.- "T1 - -�-A A �.-i- j- t � - - -t - -t- �_ -l-- - 400 600 800 VA ADVANCING VOLUME (VPH) © Weekday AM o Weekday PM ACCESS MANAGEMENT EVALUATION An evaluation of the proposed full -access movement on Cedar Creek Grade was performed with respect to VDOT's Access Management policies (Reference 5). Figure 16 illustrates the proposed spacing of the full -movement driveway with respect to the adjacent roadways on Cedar Creek Grade. Spacing from Adjacent Full -Movement Access Entrances Per Table 2-2 in Appendix F of the VDOT RDM, the minimum spacing for a full -movement entrance on Cedar Creek Grade (posted 35 miles -per -hour) from an adjacent full -movement access,is 470 feet. As shown in Figure 16, the proposed entrance is approximately 530 feet away from Stoneridge Road to Kittelson & Associates, Inc. 34 • Greystone Properties, LLC Rezoning Transportation Impact Analysis November 2019 the east and approximately 550 feet from the private driveway to the single-family home to the west. Therefore, the proposed location of the full -movement site driveway meets minimum spacing standards from adjacent full -movement access entrances. Spacing from Adjacent Partial Access Entrances Per Table 2-2 in Appendix F of the VDOT RDM, the minimum spacing for a full -movement entrance on Cedar Creek Grade (posted 35 miles -per -hour) from an adjacent partial access is 250 feet. As shown in Figure 16, the proposed entrance is approximately 395 feet away from the private driveway to the single-family home to the east. Therefore, the proposed location of the full -movement site driveway meets minimum spacing standards from adjacent partial access entrances. Kittelson & Associates, Inc. 35 E Greystone Propemes, LLC Rezoning - PROPOSED SPACING FROM ADJACENT FULL -ACCESS A ' PROPOSED SPACING FROM ADJACENT PARTIAL -ACCESS l Access Management Evaluation Figure Frederick County, VA 16 '<KITTELSON & ASSOCIATES C� Section 5 Conclusions and Recommendations Greystone Properties, LLC Rezoning Conclusions and Recommendations November 2019 CONCLUSIONS AND RECOMMENDATIONS Based on the results of the transportation impact analysis, the transportation system can accommodate full build -out of the proposed development and assuming provision of the recommended mitigations. The findings of this analysis and our recommendations are discussed below. Existing Conditions ■ All study intersections study intersections are anticipated to operate at LOS C or better. 2027 Background Traffic Conditions ■ Growth rates of one percent (linear) were applied to movements on public roadways to account for near -term regional traffic growth. ■ No transportation improvements or in -process developments were identified for inclusion in the background 2027 analysis. ■ All study intersections are forecast to continue to operate at LOS C or better under year 2027 background traffic conditions. Proposed Development ■ Greystone Properties, LLC is proposing to develop 300 age -restricted single-family dwelling units north of Cedar Creek Grade between US 11(Valley Avenue) and Route 37 (Winchester Bypass). o The site is currently zoned R4 and is approved for 200 single-family dwelling units, 120 age -restricted dwelling units, and 6 acres of commercial use. Owners of the adjacent land parcels not considered for this development seek to rezone their property back to agricultural usage. ■ Access to the site upon build -out is proposed via a single full -movement driveway on Cedar Creek Grade. o A future site access point is proposed along the planned West Jubal Early Drive extension to the north of the site; however, the extension is not currently funded and will not be assumed in this study. ■ The development is estimated to generate approximately 1,950 net new weekday daily trips, 159 weekday a.m. (40 in, 119 out), and 189 weekday p.m. (117 in, 69 out) peak hour trips when fully built out in year 2027. Kittelson & Associates, Inc. 38 0 Greystone Properties, LLC Rezoning Conclusions and Recommendations November 2019 2027 Total Traffic Conditions ■ All study intersections are forecast to continue to operate at LOS D or better during all analysis periods with the exception of the site driveway. o During the weekday p.m. peak hour, the southbound left -turn movement is anticipated to operate below capacity at LOS F. The high delays forecast for this movement stem from the inability of south left -turning vehicles to find a gap in the heavy westbound through volumes. These delays are limited to traffic internal to the site, and no noticeable operational impacts are forecast for mainline traffic on Cedar Creek Grade. ■ An evaluation of VDOT turn -lane warrants illustrated a westbound right -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A minimum 100-foot taper and 100-foot storage length are required given the urban nature of the surrounding area. The 100-foot storage (minimum) was determined due to the lack of anticipated queuing in the free -flow right -turn lane into the site. ■ An evaluation of VDOT turn -lane warrants illustrated a eastbound left -turn lane into the site forecast to warranted under year 2027 total traffic conditions. o A 100-foot left -turn lane with a 100-foot taper are required based on both the projected weekday a.m. and weekday p.m. peak hour volumes at the site driveway. Access Management ■ The proposed site driveway meets VDOT access management standards noted in the Road Design Manual. RECOMMENDATIONS Develop a westbound right -turn lane and an eastbound left -turn lane with 100-foot tapers and 100 feet of storage at the proposed site driveway. No other on- or off -site transportation improvements are triggered by the proposed Greystone Properties development. Kittelson & Associates, Inc. 39 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A9 53-A-92B9 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose Of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side Of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age -restricted residential Co111lllllllity Oil the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Location: Fronting on the north side of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (1 19.27± acres) RA, Rural Areas District (238.37± acres) File #38000 Impact Analysis Statement/FAW 2 0 0 Proposed Usc: Age -Restricted Residential Community (1 19.27± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, corninerclal, industrial, and institutional land use development Is encouraged ill the County. The 357.64± acre subject properties are currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age -restricted residential C0111Illulllty on 1 19.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of' the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County ill which comIllercial and industrial land use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age -restricted residential community on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53- A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north -south major collector road as the primary transportation improvements within the study area. File #3800G Impact Analysis Statemenl/LAW 3 The 1 19.27± acre portion of' the 357.64± acre subject properties that is proposed for an age - restricted residential community is located within the portion of the WJELUP that is planned for future Residential Land Use. The proposed age -restricted residential community will be developed as single -faintly small lot units With a residential gross density that will not exceed 4 DU/Acre. The rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at a gross density of' 4 DU/Acre and will not allow for commercial development. However, the WJELUP identifies these future land uses should the 238.37± acres be considered for ILiture development through a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF THE SITE Access The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 1 19.27± acre portion of the subject properties proposed for an age - restricted residential coIllmunity will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. Tile age - restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 1 19.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' rigllt-of-way dedication with permaneIlt and temporary easeIllents for the future West Jubal Early Drive project and provides for the construction of a gated access entrance by the developer that will allow for connectivity to West Jubal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be rezoned to the RA District Will Continue to Use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flood Plains The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-9213. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. File 438000 Impact Analysis Slatement/HAW 4 0 • Wellsinrlc The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential Co111111ulllty will be designed to avoid wetland areas; therefore, there will be no impacts to this environmental feature. Soil Types The 357.64± acre subject properties contain Survey of Frederick County, Virginia, and following soil types are present on site: five soil types as demonstrated by the Soil the Frederick County GIS Database. The 5B Carbo Silt Loam 2-7% slope 1413-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loarn The Frederick-Poplimento Loanls and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loams comprise the majority of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. This soil type has moderate shrink -swell potential and is appropriate for the development of residential structures. Geotechnical analysis will be Conducted In conjunction with the development of the private street systems and commmunity building serving the age - restricted residential community. Other Environmental Features The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining property zoning oning and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial Pile #3800G Impact Analysis Statement/EAW 5 0 10 Cast: PUD-HR, Planned Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANSPORTATION Use: Residential (City) Use: Residential Residential & Golf Course A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping document which includes analysis of the age - restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange on and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Additionally, the TIA includes analysis of an annualized traffic growth rate of' 1 %; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based on background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound on and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the age -restricted community through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor Change of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The Owners have worked collaboratively with VDOT and the County to develop an off -site design plan for Cedar Creek Grade to address the LOS issue identified for left turn movements onto Cedar Creek Grade and to expand the length and storage capacity of right and left turn lanes and taper lanes on Cedar Creek Grade serving the proposed project. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off -site design plan for Cedar Creek Grade and has issued a Technical Memorandum confirming that these improvements result in a LOS C for left -turn movements from the Pile #3800G Impact Analysis statement/GAW 6 project onto Cedar Creek Grade. These off -site improvements are provided on the proffered Cedar Creek Grade Improvements Exhibit dated March 25, 2021. The Owners have provided a Proffer Statement to mitigate transportation Impacts associated with the rezoning of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community and to assist Frederick County with the ability to work with VDOT to secure funding for the future extension Of West Jubal Early Drive to Route 37. The proffered transportation improvements include the following: Improvements to Cedar Creek Grade to include a westbound separated right -turn lane that provides an approximate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. Improvements to Cedar Creek Grade to include an eastbound separated left -turn lane that provides an approximate 200' Storage length/200' taper length meeting the requirements Of the approved VDOT traffic study. i Improvements to Cedar Creek Grade t0 Include an eastbound separated median protected acceleration lane that provides an approximate 225' storage length/180' taper length meeting the requirements of the approved VDOT traffic study. A 20' right-of-way dedication along the Cedar Creek Grade property frontage outside of the limits of the Cedar Creek Grade improvements for future corridor widening. Construction of a gated entrance to the age -restricted community with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up Onto Cedar Creek Grade if the Board Of Supervisors allows a complete system of private streets within the community. Construction of an emergency only gated access at the Cidermill Lane connection to provide a second means of emergency access for the age -restricted community. i A 102' right-of-way dedication with permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. A 102' right-of-way reservation with permanent and temporary easements throughout the limits of the proposed RA District property to accommodate the future extension of West Jubal Early Drive for a period of 25 years. i An 80' right-of-way reservation with permanent and temporary easements within the proposed RA District property to accommodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary Pile #38000 Impact Analysis StatemenUEAW 7 Sewer Master Plan to assess sanitary sewer facility needs for development and growth within their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-Inch sewer force main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The 12-inch sewer force main connects to the 18-inch I -loge Run sewer interceptor which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force main and the 18-inch Hoge Run sewer interceptor have sufficient capacities for transmission Of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and Is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a maximum of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative sewer demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a Chemical feed system for the sanitary sewer pump station and the 12-Inch sewer force main serving the age -restricted COmmunity for the purpose of odor control until there is sufficient flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on -going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force main Internal to the project; sufficient land area within the project to accommodate future expansion Of the on -site sewer pump station; and easements to adjoining properties to allow Connections to the on -site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The Proffer Statement provides for the development of a pretreatment system and a chemical feed system for the benefit of the sanitary sewer pump station and 12-inch sewer force main which includes costs for on -going operations and maintenance. It should also be noted that the Owners of the subject property proposed for the age -restricted residential community have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. Pile I1380OG Impact Analysis Slatemenl/GAW 8 i WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider Of public water service and owns and maintains the public water infrastructure within this area of the County. Frederick Water has an existing 20-inch water transmission main located along the western boundary of the subject properties which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be a maximum of 300 age -restricted residential dwellings that are developed within the subject property. Bascd On comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit Is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on -site to mitigate stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. Pile #38000 Impact Analysis Statement/HAW 9 SOLID WASTE DISPOSAL The impact On solid waste disposal facilities associated with the development of the proposed age -restricted residential C0111111Linity on the 1 19.27± acre portion Of the 357.64± acre subject properties can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4"' edition). It is anticipated that the bllild011t of the age -restricted residential Community Will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 cu. yd. x 300 households AAV = 1,620 cu. yd. at build -out, or 1,134 tons/yr. at build -out The Municipal Solid Waste area Of the Regional Landfill has a current remaining capacity of' 13,100,000 cubic yards of air space. The age -restricted residential community NA'lll generate approximately 1,134 tolls Of solid Waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accomIllodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity Of the 357.64± acre subject properties. The HO111eSpLl11 structure has been placed on the National and State Register of Historic Places and previously Obtained approval of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft Store and has recently been purchased; however, the property is not currently in active use based on the allowances Of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound On -ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/a-miles west of the 119.27± acre portion of the 357.64± acre subject properties that is proposed to be developed as an age -restricted residential community and is not visible from this portion of the area to be rezoned. The age -restricted residential COn1munity will be required to provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the Pile #i38000 Impact Analysis Statement/HAW 10 0 0 northern portion of the 119.27± acres proposed to be developed as an age -restricted residential Conlrrlunity. The Second Kernstown Battlefield is located on the south side of' Cedar Creek Grade across from the entrance that will serve as access to the agc-restricted residential community. Both Battlefields have been heavily impacted by the development of residential and commercial land uses and public streets within the County and the City of Winchester. Therefore, the rezoning of the property will not create negative impacts associated with historic properties and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an agc-restricted Collllllllmty Within the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department using the revised Development Impact Model (DIM). The DIM considered 300 age - restricted single-family dwelling units consistent with the proffered maximum number of age -restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to off -set impacts to community services. The Proffer Statement provides for a monetary contribution of $308.00 for each age -restricted residential dwelling unit that is paid to the County prior to the issuance of the certificate of occupancy permit to mitigate impacts to community services. Additionally, the Proffer Statement provides a Illonetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be downzoned to the RA District to be consistent with the monetary Contribution provided for non -age -restricted residential units in the R4 District rezoning applicatioIl. There are no other identified potential Impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1 19.27± acre portion of the 357.64± acre SUN ect properties for an age -restricted residential community. File #3800G Impact Analysis Statemenl/GAW I I mw Dw Sr :word Cawq. N GIS D.O&I L 2019 Daw. As" Phq ham 2017 Leaend Parcel Boundary Subted Parcels Winchester Limits Frederick County Zoning — Rt (Rewdentul. Planned Community Dlgnal RA (Rural Area Diatna) Feet RP (R"denbal, Periormanos District) 700 0 700 .. �,.....:........ rcls o.o.nm..n 201E o.i. aT t � — I I I I I CVAP MADE i i I' CO) ; P /, f E V SITE At i— WINCHESTER LOCATION MAP "'-K-AMIFY W'Jc WlncMster_8� �— Western RR `1/ 00, r • I \at ,y CN 4 Lwend ParcParcelBoundary O &Atw Parcels r �- -� Winchester limits j Urbw Development Area (UDA) b / b r — Sewer Force Main g j Water Man @J ' Nl•. Feet g 1.000 0 1,000 ba I wo Sa.R ' C-1, .Y GIS DAP• 20'-D— S22A Gt�EK � ff r/ /` e DOE�N P e •_1 C' 53 r1 f0 ' `� d f— \ ' h ¢ S7A02v U o MAN d \. S2 A 02A OF�o' �` W / CECE aT- �ACEaTE p p 2� O 1f g^ r aftARyop \ e Wz ta\ .. W Cr U J T. a,.-_ —a n, CI k JUaOlt:�� a� C�u�iy !� R '*Ei > W A ~ g DPNp,p 09 b ' aEA ORti a � d WAr-�--O �— I` N11nch.su�r MN ( stem RR�m— a TTs- I Arp`-p9�cT � ap ,/ tl A 2A f ~�411AN GATT �OR/ I ~ � II o /f WEena ui'�_ b f �• 6 r� J 1- b o V TAFTAVE IER Yi OE on 0 z a z a as 0 W W � LW Q 0' W W aCL a 00 w U) J WQ LU LUa a m F Cc r m in a c) w W M Z� W O U w a Cr J tr 0 <<0. > (� Cr r K $ W w r Z j o W < O w w j 0 Y O 1 0 0 w 8 N Z m 0 - W m W � R Ir trz U c� �-IL 0 4J o�$ lb 6j7A1O�J �iV Q ZQ� C Y �►g j �F I E S] A US 7/)/�J J��� �g ih cTt1 v $ r m�SELDOM OR a � /� - _ �,d� � ,J �)/�i�j/7if'�7y1✓r°�,��11\\ N �/ � 3 � .�S Ju i 17\ 5 1 , 1� i vt i w 3 pLU -� /���,/(`/�()�•1 b � : � fir\ S] A 92A s w"✓ �� ZJI Q LLJ LU aso ti 4,P 4 WAN 3 �.(�y ✓a �Jf O a w U) Z LLJ cr a ! y/ ff vBaeERr,. !% r Log2nd200 _ ,w OR Parcel Boundary J $� sE IVMP �� ••��}� ¢/ r m i $ 3 JJ/ v o ' Subject e00 U) a w Parcels < w J CHELSEAOR r Q Wetland (NWI) �a 1 w w o w Lake or Pond oft 4C " Q. `' . WAY / 0 � a > o 100 Year F"pleln /J 10. Z w g — ... - w z Stream au1rYERi' J '�/ z " o S25 IN `^� `/ =2 N ~ Q OU u S Fool trrtermedale Conloun N Appl. CiO� y �,! w z i Y w A — 25 Foot Index Contours 00 F9 z0 z O w tt ° Ay I HILLMAM OR 'y �hl'�'�� to Cn W J W z W r Feet Cy a] A ]A CEDAR CREB( GRADE ra w Q _ LL a 650 0 650 C1f (\) J/ ed' �' t // '/]�/�//CREW r* 750 �yoso 0- Vic — Y — --, C—", h G" US,— "" — 1 11D I \ 14B Feel 650 c 650 — JSn 1'— cNmY1n Cn,nry .a ... , ..m i 2 180 14C 18C 16C N 5]A17A 140 17C 14C S]lA 16D 17C 16D W� 8 yOJgW � i o ?OJJW 17E a 1f� A Cs c � o \ AQpAS(D m FRG; \ C m- SELDON 1), W c a s a�V a u p i u c 4- Q J 40 O G JOH� 44 \ 5� JJ� '4C 6j.� a8 lJ (� W 14C ��' W LLJ / \ � 14 Ei /p}lpoI spy O I Q LLJ w zLL o \� d 53AY1 a) O N U) J y" �o w o � 6LLJ q� N 14C �'i PE�MOER)O,`,4� F X 3 t n a + u D � x DR ? 0J4Y C i 16O L D ~ m / W Louend ¢ z Pvul RounOtry � z (� O � W N � Snl.d PYult p U' w 14C U NRCS SOILS 0- Q '.AENFDF.RKR-POPLIYENTO LOAYS. 2 TO 7 PERCENT SI OPES d' d > o Z sU I.. fNEDFNiLR POPL IYFNTOIOAYS.TTOISPERCENTSLOPES W z z < Z O v(I WINEOkRiCIt POPIIYENtO LOAYS IS 102l PERCENT!LOPES ~ ip L Z 16C y I y'� tC hPtOkRiCR POPLIYENtO LOAYS. VERY ROC- 7 11 11 PERCENT XOPEI / 2 O O Q O W w 1Nt OkRi CA POPLIYEN t O LOAY3. VERY ROC[V. 13 i025 PkRLENt MOPES ,� W (p Y Q 6 _ n.1Nk DERlLN-POPLIYENIQROCROUICROPCOYPLES.2TO15P RCEN1SLOPES Y Z O U a � a 13A2A /F INEOERKN-VOPIIYENIQROCM OUTLROP fAYPLEA. IS TO LSq.U.'SLOPES � O CO 0ry N CO _ 2EYASSANETTALOAY W w W O 16D SS GRBO SET LOAM, 2 TO I PERCENT SLOPES (D Z ry - cR�E (D Q CfD� wwATEN � 14B w � Qa 11 0 •4 a° �J st u • s, Av- J CIA 4 AP 3�-1311� \ L.9 Fane � Loy Houw e end Parcel Boundary Subject. Parcels (a Civil War Camp Civil War Fort ® Landmart< Civil War Battlefields First Wncnester - Second Kemsto Feet 1,000 0 1,000 I /a. •a 5 — �— C—Iv A G.S Doi-1, 2019 DW 32-' 232 �r B-- St —a HOW O� GFDA0. First , //Kernstown i/ FBUfWE LN $ � w e� sa RM/STE� T Gam S3A92B JT 4 d , SS A 92 SJ A 92A 53Aw 9] A First Winchester CQ � P J , 7SEA WAY U J ice® C) o qW psi S-r Su `W IVI IV CECIt ST _ o u� LtRSr, = k � .� BRIARMo? Cy�o( Winchester 26 Westsrn RR 0 z z ad O �W w� F � W o OW Q' a a0 Li� za O} ~ J_ } W X W C� LLJ 2 liAt TFRY � � «MAN OR-� gP !Y Q a N w of o 5, ° w a r n 4 a m a W %i ity h'EEby LN. y = O w (DD w LL¢ Cr C �u - O C) O' ~ Ica gyro �r U) _n m rAFr AVE AIypt g Q� Ab Y = N LLJ z a_ Q to W Q w Ll. U O F- (n GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia March 25, 2021 Contact Person: Evan Wyatt, Director of Lend Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age -restricted residential community on the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Location: Fronting on the north side Of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (1 19.27± acres) RA, Rural Areas District (238.37± acres) Pile #3800G Impact Analysis statement/LAW 2 E Proposed Use: Age -Restricted Residential Community (I 19.27± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, Industrial, and Institutional land use development Is encouraged in the County. The 357.64± acre subject properties are currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age -restricted residential community on 1 19.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the cJo ; ;, of rczoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County In which commercial and industrial land use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed age -restricted residential community on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the Elewfizening rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A- 92, 53-A-92A, 53-A-9213 and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a north -south major collector road as the primary transportation improvements within the study area. Pile #38000 Impact Analysis Statement/GAW 3 The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community is located within the portion of the WJELUP that is planned for Future Residential Land Use. The proposed age -restricted residential CGn1111ullity Will be developed as single-family small lot units with a residential gross density that will not exceed 4 DU/Acre. The rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at a gross density of 4 DU/Acre and will not allow for commercial development. However, the WJELUP identifies these future land uses should the 238.37± acres be considered for future development through a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF TI-IL' SITE Ar(•i-« The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 1 19.27± acre portion of the subject properties proposed for an age - restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age - restricted community will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that WIII serve as a secondary emergency access point for the project. Tile Proffer Statement specific to the 1 19.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of-way dedication with permanent and temporary easements for the future West Jubal Early Drive project and provides IffRd for the eonneiaii construction of a gated access peifrt entrance by the developer that will allow for connectivity to West Jubal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be devvmened rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flood Plains The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. File #38000 Impact Analysis Statement/FAW 4 • • Wetlands The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for in age -restricted residential community will be designed to avoid wetland areas; therefore, there will be no Impacts to this environmental feature. Soil Tydwes The 357.64± acre subject properties contain Survey of Frederick County, Virginia, and following soil types are present on site: five soil types as demonstrated by the Soil the Frederick County GIS Database. The 5B Carbo Silt Loam 2-7% slope 14B-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loam The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loams comprise the majority of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. This soil type has moderate shrink -swell potential and is appI'opriate for the development of residential structures. Geotechnical analysis will be conducted in conjunction With the development of the private street systems and commUnity building serving the age - restricted residential community. Other Enyll'onmental Features The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance oi' building permits for these lots. SURROUNDING PROPERTIES Adjoining propertyzoning oning and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial File #380OG Impact Analysis Slatement/GAW 5 East: PUD-I-IR, Planned Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANSPORTATION Use: Residential (City) Use: Residential Residential & Golf Course A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping C10CLUnCnt Which includes analysis of the age - restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange on and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. Additionally, the TIA Includes analysis of an annualized traffic growth rate of 1 %; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based on background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound on and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the age -restricted community through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor change of a LOS B/C for the Route 37 southbound on and off ramps compared to a LOS B/B Without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. TA Rol ..—M M . . .......... TA .. Filc #38000 Impact Analysis Slatement/GAW 6 0 • t-t-tffie al�El-1 >t iklc�t++l�l-ttztl{i t{� t�tFn-Ie4t-itlt�� the rr��e-+ tFictec4-eot�rt3�tttlfh ��it17 �tc4eclHa�e 4ohige c�tl�a�ih� tH-NIA l�tel1; kreTt4tklettticl�hitt-li�c��etl�e+l��tztll=ie- The Owners have worked collaboratively with VDOT and the County to develop an ofl'-site cicsign plan for Cedar Creek Grade to address the LOS issue identified for ICiI turn movements onto Cedar Creek Grade and to expand the length and storage capacity of' right and ICit turn lanes and taper lanes on Ccdar Creel: Grade serving the proposed project. The Tralllc Consultant who pl-Cpared the initial TIA has modeled the 1111provclllciltS Identilled ill the Off -site cicsign plan I'Ol- Cedar Creel: Grade and has issued a Technical Mclllorandunl collllrllllllg that these improvements result in a LOS C lOr IC1t-tlirll 1110VCIl1CIllS 11-0I11 the project onto Cedar Creek Grade. These off -site improvements are provided On the profferccl Cedar Creel< Grade Improvements Exhibit dated March 25, 202 I . The Owners have provided a Proffer Statement to Illitigate trallsportatioil impacts associated with the rezoning of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community and to assist Frederick County with the ability to work with VDOT to secure funding for the future extension of West Jubal Early Drive to Route 37. The proffered transportation improvements include the following: Improvements to Cedar Creek Grade to include a westbound separated right -turn lane that provides an approximate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. :- Improvements to Cedar Creek Grade to include an eastbound separated left -turn lane that provides an approximate 200' storage length/200' taper length meeting the requirements of the approved VDOT traffic study. Improvements to Cedar Creek Grade to include in eastbound separated median protected acceleration lane that provides an approximate 225' storage length/44-5=180' taper length meeting the requirements of the approved VDOT traffic study. A 20' right-of-way dedication along the Cedar Creek Grade property frontage outside of the limits of the Cedar Creek Grade improvements for future corridor widening. y Construction of a gated entrance to the age -restricted community with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up onto Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the community. Construction of an emergency Only gated access at the Cidermill Lane connection to provide a second means of emergency access for the age -restricted community. ➢ A 102' right-of-way dedication with permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. y A 102' right-of-way reservation with permanent and temporary easements throughout the limits of the proposed RA District property to accommodate the future extension of West Jubal Early Drive for a period of 25 years. y An 80' 74° right-of-way reservation with permanent and temporary easements within the proposed RA District property to accommodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period Of 25 years. Pile #3800G Impact Analysis Statement/HAW 7 • 0 The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation Impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of' public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary Sewer Master Plan to assess sanitary sewer facility needs for development and growth within their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-Inch sewer force main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion of'the 357.64± acre Subject properties that is proposed for an age -restricted residential community. The 12-inch sewer force main connects to the 18-inch Hoge Run sewer interceptor which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force main and the 18-inch Hoge Run sewer interceptor have sufficient capacities for transmission of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a maximum of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative sewer demand projection Specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the 12-inch sewer force main serving the age -restricted community for the purpose of odor control until there is sufficient flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on -going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force main internal to the project; sufficient land area within the project to accommodate future expansion of the on -site sewer pUmp Station; and easements to adjoining properties to allow connections to the on -site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The HIc #3800G Impact Analysis Statemcnl/FAW 9 Proffer Statement provides for the development of a pretreatment system and a Chemical Feed system for the benefit of the sanitary sewer pump station and 12-Inch sewer force main Which includes costs for On -going operations and maintenance. It should also be noted that the Owners of' the subject property proposed for the age -restricted residential Community have an existing agreement with Frederick Water that involves annual payments Of residential meters to assist in the cost of the installation of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therelore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider Of public water service and owns and maintains the public water infraStRiCtUre Within this area Of the County. Frederick Water has an existing 20-Inch Water transmission main located along the western boundary of the subject properties which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be a maximum Of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on -site to mitigate file #3800G Impact Analysis Statement/6AW 9 stormwater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stormwater volumes from the proposed development of the subject property to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All stormwater management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential community will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the Community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed age -restricted residential Community on the 1 19.27± acre portion of the 357.64± acre subject properties Can be projected from an average annual residential consumption of 5.4 Cubic yards per household (Civil Engineering Reference Manual, 4`I' edition). It is anticipated that the buildout of the age -restricted residential community will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 cu. yd. x 300 households AAV = 1,620 cu. yd. at build -out, or 1,134 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a Current remaining Capacity of 13,100,000 cubic yards of air space. The age -restricted residential Community will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity of the 357.64± acre subject properties. The Homespun structure has been placed on the National and State Register of Historic Places and previously obtained approval of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound on -ramp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/a-miles west of the 119.27± acre portion of the 357.64± acre subject Nile #38000 Impact Analysis Statement/GAW 10 properties that is proposed to be developed as an age -restricted residential community and is not visible from this portion of the area to be rezoned. The age -restricted residential community will be required to provide road efficiency buffer landscaping directly across from the Homespun structure as Cedar Creek Grade is classified as a major collector road in the Frederick County Comprehensive Policy Plan. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion of the 357.64± acre subject properties and the Second Kernstown Battlefield within close proximity of the subject properties. A portion of the First Winchester Battlefield is located within the floodplain and wetlands areas in the northern portion of the 119.27± acres proposed to be developed as an age -restricted residential community. The Second Kernstown Battlefield is located on the south side of Cedar Creek Grade across Irons the entrance that will serve as access to the age -restricted residential C0111►llunlly. Both Battlefields have been heavily impacted by the development of residential and commercial land uses and public streets within the County and the City of Winchester. Therefore, the rezoning of the property will not create negative impacts associated with historic properties and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an age -restricted community within the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department usin- the revised Development Impact Model (DIM). The DIM considered 300 age - restricted single-family dwelling units consistent with the proffered maximum number of age -restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to off -set impacts to community services. The Proffer Statement provides for a monetary contribution of $308.00 for each age -restricted residential dwelling unit that is paid to the County prior to the issuance of the certificate of occupancy permit to mitigate impacts to community services. Additionally, the Proffer Statement provides a monetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be downzoned to the RA District to be consistent with the monetary contIibution provided for non -age -restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development of the 1 19.27± acre portion of the 357.64± acre subject properties for an age -restricted residential community. Filc #3800G Impact Analysis Stalcmcnt/EAW I I GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B9 53-3-A & 63-A-2A Gainesboro Magisterial District Frederick County, Virginia AW March 25, 2021 Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREYSTONE PROPERTIES, LLC & WHITE FAMILY PROPERTIES AGE -RESTRICTED & RURAL AREA REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of the previously approved Willow Run Traditional Neighborhood Development owned by Greystone Properties, LLC; 740 LLC; 750 LLC; Willow Grove.V LC; and Willow Springs Estate, LLC identified as Tax Map Parcels 53-A-90, 53-A-91, 53-A- 92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. The subject properties are located on the north side of Cedar Creek Grade (Route 622), the east side of Route 37 and Merriman's Lane (Route 621), the south side of the Winchester & Western Railroad, and the west side of the City of Winchester Corporate Limits. The 357.64± acre subject properties are currently zoned R4, Residential Planned Community District and the Property Owners propose to rezone the entirety of the subject properties area to RP, Residential Performance District and RA, Rural Areas District with proffers to allow for the development of an age -restricted i ideiitial community on the Greystone Properties, LLC parcels and to maintain agricultural land use and family residential dwellings on the 740 LLC, 750 LLC, Willow Grove.V LC, and Willow Springs Estate, LLC properties (White Family Properties). Basic information Location: Fronting on the north side of Cedar Creek Lane (Route 622) and Merriman's Lane (Route 621); Adjoining Route 37, Winchester & Western Railroad, and the City of Winchester Corporate Limits Magisterial District: Gainesboro District Tax Parcel Numbers: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A Current Zoning: R4, Residential Planned Community District Current Use: Agricultural and Family Residential Dwellings Proposed Zoning: RP, Residential Performance District (119.27± acres) RA, Rural Areas District (238.37± acres) File #38000 Impact Analysis Statement/EAW 2 Proposed Use: Age -Restricted Residential Community (1 19.27± acres) Agricultural and Family Residential Dwellings (238.37± acres) Total Rezoning Area: 357.64± acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, indUStrlal, and institutional land use dCVC1op111C11t Is encouraged in the County. The 357.64± acre subject properties are currently located within the UDA; therefore, expansion of the UDA boundary to accommodate the proposed age -restricted residential C0111I11Unity on 1 19.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the rezoning of the 238.37± acres to accoIllIllodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A-92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County 111 wlllch commercial and industrial land Use development is only desired. The 357.64± acre subject properties are currently located within the SWSA; therefore, expansion of the SWSA boundary to aCC011llllodale the proposed age -restricted residential C0117111Ulllly on 119.27± acres (Tax Parcels 53-A-91 and 63-A-2A) and the dewiizoning rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings (Tax Parcels 53-A-90, 53-A- 92, 53-A-92A, 53-A-92B and 53-3-A) is not required for this rezoning application. Comprehensive Plan The 357.64± acre subject properties are a component of the Western Jubal Early Land Use Plan (WJELUP) which is a large area plan within the County's Comprehensive Policy Plan. The WJELUP includes approximately 600 acres that is bound by Route 37, Cedar Creek Grade (Route 622), Merriman's Lane (Route 621) and the City of Winchester Corporate Limits. The WJELUP identifies the predominant land use as urban and suburban residential which is expected to consist of single-family detached and single-family small lot units with a gross residential density of four dwelling units per acre (4 DU/Acre). The WJELUP also identifies two commercial land bays located at the intersection of Route 37 and Cedar Creek Grade and at the future intersection of Route 37 and West Jubal Early Drive. The WJELUP identifies the extension of West Jubal Early Drive to a new interchange at Route 37; as well as a North -south major collector Toad as the primary transportation improvements within the study area. Nile r138000 Impact Analysis Statement/GAW 3 The 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for in age - restricted residential C0111111unity Is located within the portion of the WJELUP that is planned for future Residential Land Use. The proposed age -restricted residential community will be developed as single-family small lot units with a residential gross density that will not exceed 4 DU/Acre. The dffivnzeriing rezoning of the 238.37± acres to accommodate the agricultural and family residential dwellings will not allow for the development of residential land use at a gross density of 4 DU/Acre and will not allow for commercial development. However, the WJELUP identifies these future land uses should the 238.37± acres be considered for future development through a subsequent rezoning process, similar to other RA District properties located within the WJELUP area. SUITABILITY OF THE, SITU Access The subject properties are located on the north side of Cedar Creek Grade (Route 622) and the south side of Merriman's Lane which currently serves as the primary means of access to the 357.64± area. The 1 19.27± acre portion of the subject properties proposed for an age - restricted residential community will be developed as a gated community if the Board of Supervisors allows for a complete system of private streets within the project. The age - restricted co1rimunity will access Cedar Creek Grade and the Proffer Statement commits to significant improvements on Cedar Creek Grade to ensure the safety of the traveling public. The age -restricted community adjoins Cidermill Lane within the City of Winchester and the Proffer Statement commits to provide a gated connection point that will serve as a secondary emergency access point for the project. The Proffer Statement specific to the 1 19.27± acre portion of the properties that is proposed to be rezoned to the RP District provides for a 102' right-of-way dedication with permanent and temporary easements for the future West Jubal Early Drive project and provides land for the eonneetien construction of a gated access pit entrance by the developer that will allow for connectivity to West Jabal Early Drive when it is developed in the future. The 238.37± acre portion of the subject properties that is proposed to be downzened rezoned to the RA District will continue to use Merriman's Lane (Route 621) and Orchard Lane as access. The Proffer Statement specific to this portion of the subject properties provides for a 25-year reservation of right-of-way for the future extension of West Jubal Early Drive and for the relocation of Merriman's Lane. Flnnrl Pkqinc The subject properties contain areas of floodplain in conjunction with Abrams Creek which encompass portions of Tax Parcels 53-A-90, 53-A-91, 53-A-92, 53-A-92A and 53-A-92B. FEMA NFIP Map #51069CO212D, Effective Date September 2, 2009 identifies the location of floodplains and floodways within these tax parcels. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid floodplain areas; therefore, there will be no impacts to this environmental feature. File #3800G Impact Analysis StatemenUEAW 4 Wrt "111(k The subject properties contain areas of wetlands in conjunction with Abrams Creek as demonstrated on the National Wetlands Inventory (NWI) Map and Information from the Frederick County GIS Database. The 119.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community will be designed to avoid wetland areas; therefore, there will be no Impacts to this environmental feature. Soil Types The 357.64± acre subject properties contain five soil types as demonstrated by the Soil Survey of Frederick County, Virginia, and the Frederick County GIS Database. The following soil types are present on site: 5B Carbo Silt Loam 2-7% slope 1413-14D Frederick-Poplimento Loams 2-25% slope 16C-16D Frederick-Poplimento Loams, Very Rocky 7-25% slope 17C/17E Frederick-Poplimento — Rock Outcrop Complex 2-45% slope 29 Massanetta Loam The Frederick-Poplimento Loams and Massanetta Loam are identified as a prime agricultural soil. The Frederick-Poplimento Loams comprise the majority of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. This soil type has moderate shrink -swell potential and is appropriate for the development of residential structures. Geotechmcal analysis will be conducted In conjunction with the development of the private street systems and community building serving the age - restricted residential community. Other Environmental Features Tile 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age - restricted residential community contains an area of steep slope surrounding a pronounced sinkhole that is located within the central portion of Tax Parcel 53-A-91. Residential structures will not be developed within this area; however, the project design may incorporate recreational amenities within this area. Additionally, the Proffer Statement requires geotechnical analysis for all residential lots that are platted within 100 feet of the pronounced sinkhole area prior to the issuance of building permits for these lots. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: PUD-LR, Planned Unit Development South: RP, Residential Performance District RA, Rural Areas District Use: Residential (City) Use: Residential Agricultural & Commercial File #3800G Impact Analysis Statemcnt/EAW 5 East: PUD-I-IR, Planned Unit Development West: RP, Residential Performance District RA, Rural Areas District TRANSPORTATION Use: Residential (City) Use: Residential Residential & Golf Course A Transportation Impact Analysis (TIA) has been prepared for the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The TIA dated November 2019 prepared by Kittelson & Associates, Inc. is consistent with the approved VDOT Scoping document which includes analysis of the age - restricted residential project entrance on Cedar Creek Grade, the Route 37 interchange on and off ramps, and the Cedar Creek Grade/Valley Avenue intersection in the City of'Winchester. Additionally, the TIA includes analysis of an annualized traffic growth rate of 1 %; background traffic conditions during the weekday AM/PM Peak Hour periods; and total traffic conditions based on full build out of the age -restricted community through forecast year 2027. The TIA analysis provides a Level of Service (LOS) at the Route 37 interchange on and off ramps and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester during the weekday AM/PM Peak Hour periods based on existing conditions and based on background conditions. The TIA analysis identifies a LOS B/B for the Route 37 southbound on and off ramps (existing and background conditions); a LOS C/B for the Route 37 northbound on and off ramps (existing and background conditions); and a LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester (existing and background conditions). The TIA analysis provides a LOS for these intersections, as well as the age -restricted residential project entrance on Cedar Creek Grade at full build out of the aQe-restricted community through forecast year 2027. The LOS at full build out of the project demonstrates no change to the LOS C/B for the Route 37 northbound on and off ramps and the LOC C/C for the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. The TIA demonstrates a minor change of a LOS B/C for the Route 37 southbound oil and off ramps compared to a LOS B/B without the age -restricted residential community. The TIA demonstrates a LOS D/F for the age -restricted residential project entrance primarily due to left -turn movements onto Cedar Creek Grade. The TIA further states that there are no noticeable operational impacts for Cedar Creek Grade mainline traffic between Route 37 and the Cedar Creek Grade/Valley Avenue intersection in the City of Winchester. MW M WA : i� File #38000 Impact Analysis State men YLAW 6 into the �;1«�-rll,��rest+ietedeelit�tle e-e Hj:)aC-i-+i pac4-�,+e ed tl (-)ufl l� rhru ill ement traffic. The Owners have worked collaboratively with VDOT and the County to develop an off -site design plan for Cedar Creel: Grade to address the LOS issue identified for left turn nlovenlents onto Cedar Creek Grade and to Cxpand the length and storage capacity of right and left turn lane.; and tapCi- lanes oil Cedar Crccl< Grade serving the proposed protect. The Traffic Consultant who prepared the initial TIA has modeled the improvements identified in the off -site design plan for Cedar Creek Grade and has issued a Technical MCnlorandunl Collfll'llling that these inlprovcrllcnts result in a LOS C for left -turn 111oVCI17CIl1S f'ronl the project onto Cedar Creek Grade. These off -site iinprovenlents are provided oil the prof fend Cedar Creel: Grade Inlprovcnlents Exhibit dated March 25, 2021. The Owners have provided a Proffer Statement to Illltlgate trallsportatlon impacts associated with the rezoning of the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential conlnlunity and to assist Frederick County with the ability to work with VDOT to secure funding for the future extension of West Jubal Early Drive to Route 37. The proffered transportation improvements include the following: Improvements to Cedar Creek Grade to include a westbound separated right -turn lane that provides an approxinlate 150' storage length/50' taper length meeting the requirements of the approved VDOT traffic study. i Improvements to Cedar Creek Grade to include an eastbound separated left -turn lane that provides an approximate 200' storage length/200' taper length meeting the requirements of the approved VDOT traffic study. Improvements to Cedar Creek Grade to iIlclude all eastbouId separated Illedlall protected acceleration lane that provides an approxinlate 225' storage length/4=1�180' taper length meeting the requirements of the approved VDOT traffic study. A 20' right-of-way dedication along the Cedar Creek Gracie property frontage outside of the limits of the Cedar Creek Grade improvements for future corridor widening. Construction of a gated entrance to the age -restricted comIllunity with sufficient vehicle stacking and vehicle recovery area to prevent traffic from backing up onto Cedar Creek Grade if the Board of Supervisors allows a complete system of private streets within the community. Construction of an emergency only gated access at the Cidermill Lane connection to provide a second means of emergency access for the age -restricted community. y A 102' right-of-way dedication with permanent and temporary easements throughout the limits of the proposed RP District property to accommodate the future extension of West Jubal Early Drive. A 102' right-of-way reservation with permanent and temporary easements throughout the limits of the proposed RA District property to accommodate the future extension of West Jubal Early Drive for a period of 25 years. y An 80' 74° right-of-way reservation with permanent and temporary easements within the proposed RA District property to acconllnodate the future relocation of Merriman's Lane to the extension of Jubal Early Drive for a period of 25 years. File #3800G Impact Analysis Slalemenl/FAW 7 The Owner's Proffer Statement provides for transportation improvements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service and owns and maintains the public sewer infrastructure within this area of the County. Frederick Water adopted the 2017 Sanitary Sewer Master Plan to assess sanitary sewer facility needs for development and growth within their service area and the subject property is a component of the Southern Service Region. Frederick Water has developed a 12-inch sewer force main which is located directly across Cedar Creek Grade from the 1 19.27± acre portion of the 357.64± acre subject properties that is proposed for an age -restricted residential community. The 12-inch sewer force main connects to the 18-inch Hoge Run sewer interceptor which is the main transmission line to the Parkins Mill Wastewater Treatment Plant (PMWTP). The 12-inch sewer force main and the 18-inch Hoge Run sewer interceptor have sufficient capacities for transmission of sewer effluent to the PMWTP. The PMWTP has a maximum design flow treatment capacity of 5.0 MGD and is currently operating at approximately 50% of design capacity. The Owner's Proffer Statement states that there will be a maximum of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit Is an appropriate conservative sewer demand projection Specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected sewer demand Frederick Water has identified the need for the development of a pretreatment system and a chemical feed system for the sanitary sewer pump station and the 12-inch sewer force main serving the age -restricted community for the purpose of odor control until there is sufficient flow in the 12-inch sewer force main. The Proffer Statement provides for the development of these systems; as well as for the costs necessary for the on -going operation and maintenance of these systems until Frederick Water advises that sufficient flows are available to eliminate this need. Additionally, the Proffer Statement provides for the construction of a 12-inch sewer force main internal to the project; sufficient land area within the project to aCC011lmOdatC future expansion of the on -site sewer pUmp Station; and easements to adjoining properties to allow connections to the on -site sanitary sewer system. Frederick Water has adequate infrastructure in place to meet the projected sewer demands for the proposed age -restricted project for the transmission and treatment of sewer effluent. The Pile #3800C Impact Analysis Statement/LAW 8 Proffer Statement provides for the development Of a pretreatment systenl and a chemical feed systenl for the benefit of the sanitary sewer pump station and 12-Inch sewer force main which includes costs for Oil -going operations and malntenaricc. It Should also be noted that the Owners 01' the subject property proposed for the age -restricted residential CollllllLlllity have an existing agreement with Frederick Water that involves annual payments of residential meters to assist in the cost of the installation Of the 12-inch sewer force main. Therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity, and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider Of public water service and owns and maintains the public water infraSt'L1CtUre Within this area of the County. Frederick Water has an existing 20-inch water transmission main located along the western boundary of the subject properties which is being extended to connect the existing 4.0 MGD ground water storage tank to other existing elevated water storage tanks to provide redundancy through the public water transmission system. The Owner's Proffer Statement states that there will be a maximum of 300 age -restricted residential dwellings that are developed within the subject property. Based on comparable discharge patterns and typical flows from residential developments, a 300 gallons/day per dwelling unit is an appropriate conservative water demand projection specific to this rezoning application. Q = 300 gallons/day per age -restricted dwelling Unit Q = 300 GPD x 300 age -restricted dwelling units Q = 90,000 GPD TOTAL: Q = 90,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Therefore, the proposed rezoning can be sufficiently accommodated by public water service with adequate conveyance, capacity, and treatment. SITE DRAINAGE The topographic relief specific to the 357.64± acres generally directs drainage towards Abrams Creek located in the northern portion of the subject properties. A small portion of the age -restricted residential community site directs drainage towards Cedar Creek Grade (Route 622). The age -restricted residential community design will evaluate stormwater quality and quantity and appropriate measures will be implemented on -site to mitigate Pile I138000 Impact Analysis Slatcment/FAW 9 stormwater impacts. The Owner will work with the Department Of Public Works during the Site Development Plan process to identify storinwater Volumes fl-Onl the proposed development Of the subject properly to ensure that there are no detrimental impacts to Abrams Creek, Cedar Creek Grade, and adjoining properties. All storrnwatcr management plans and erosion and sedimentation control plans associated with the development of the age -restricted residential c0nlrluulity will be required to be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed age -restricted residential conllllunity on the 1 19.27± acre portion of the 357.64± acl'e Subject properties call be projected from all average annual residential C011SUIllptiOn 01 5.4 Cubic yards per household (Civil Engineering Reference Manual, 4i1' edition). It is anticipated that the buildout of the age -restricted residential community will yield 300 residential units resulting in the following solid waste disposal impact projections: AAV = 5.4 cu. yd. per household AAV = 5.4 cu. yd. x 300 households AAV = 1,620 cu. yd. at build -out, or 1,134 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards Of air space. The age -restricted residential community will generate approximately 1,134 tons of solid waste annually on average. This represents a 0.5% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the age -restricted residential community will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land Use t0 mitigate this impact. The Regional Landfill has adequate capacity t0 accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Homespun (#34-180) and the Stuart Brown House (#34-1239) as potentially significant properties within proximity of the 357.64± acre subject properties. The Homespun structure has been placed On the National and State Register of Historic Places and previously obtained approval of a Conditional Use Permit (CUP) from Frederick County to adaptively reuse the property for a country store and restaurant. The Homespun structure has been used most recently as and antique and craft store and has recently been purchased; however, the property is not currently in active use based on the allowances of the approved CUP. The Stuart Brown House is located on the north side of Cedar Creek Grade adjacent to the Route 37 northbound On-rarnp and is currently utilized as a residential rental property. The Stuart Brown House is located approximately 3/a-miles west of the 119.27± acre portion of the 357.64± acre subject File Ii3800G Impact Analysis Slatement/GAW 10 properties that is proposed to be developed as an age -restricted residential community and is not visible from this portion of the area to be rezoned. The age -restricted residential C0111111Unity will be required to provide road efficiency buffer landscaping directly across from the H011leSpUll St'UCIUre as Cedar Creek Grade is classified as a major Collector road ill the Frederick County Comprehensive Policy Plan. The National Park Service Study Of Civil War Sites in the Shenandoah Valley identifies the First Winchester Battlefield within a portion Of the 357.64± acre Subject properties and the Second Kernstown Battlefield within Close proximity Of the subject properties. A portion Of the First Winchester Battlefield Is located within the floodplain and wetlands areas in the northern portion of the 119.27± acres proposed to be developed as an age -restricted residential community. The Second Kernstown Battlefield is located on the south side of Cedar Creek Grade across from the entrance that will serve as access to the age -restricted residential COI1 MUllity. Both Battlefields have been heavily impacted by the development of residential and commercial land uses and public streets within the County and the City OI Winchester. Therefore, the rezoning of the property will not Create negative impacts associated with historic properties and historic resources. Additionally, the subject properties are not located within potential historic districts that are identified by the Comprehensive Policy Plan. OTHER POTENTIAL IMPACTS The proposed development of an age -restricted COmnllarlity within the 1 19.27± acre portion of the 357.64± acre subject properties has been analyzed by the County Planning Department using the revised Development Impact Model (DIM). The DIM considered 300 age - restricted single -faintly dwelling units Consistent with the proffered maximum number 01 age -restricted dwelling units, which identified a fiscal impact of $308.00 per residential dwelling unit to Off -Set impacts t0 community services. The Proffer Statement provides for a monetary contribution Of $308.00 for each age -restricted residential dwelling unit that is paid to the County prior t0 the issuance of the certificate of occupancy permit to mitigate impacts t0 community services. Additionally, the Proffer Statement provides a monetary contribution of $9,078.00 for each residential unit that could be developed on a traditional five -acre lot or on a rural preservation lot within the 238.37± acre portion of the 357.64± acre subject properties proposed to be downzoned to the RA District to be consistent with the monetary contribution provided for non -age -restricted residential units in the R4 District rezoning application. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to surrounding properties or to the County from the rezoning and development Of the 1 19.27± acre portion Of the 357.64± acre subject properties for an age -restricted residential community. Pile #38000 Impact Analysis Slatement/EAW I I e 0 • 6 co o. a In EK669ii;0596 THIS DEED, made and dated this _ 0 day of September, .996, by and between C. RIDGELY WHITE and ELEANOR S. WHITE, iusband and wife, hereinafter called the Grantors, by M. WILLIS aHITE, their sole acting attorney -in -fact pursuant to appointments of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 864 at page 447 and page 451, and in the Clerk's Office of the City of Winchester, Virginia in Deed Book 277 at page 417 and page 421; and WILLOW GROVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate: All the remainder, except as set forth below, of that certain tract of land in Back Creek District, Frederick County, Virginia, originally containing 207.28 acres vhich was conveyed to the Grantors herein by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. All the remainder. except as set forth below, of that certain tract of land in Back Creek District, Frederick County, Virginia, originally containing 88.4 acres which was devised to the male Grantor herein by Lucy M. Hack, whose Will is of record in the Clerk's office of the Circuit Court of Frederick County in Will Book 73 at page 23. It is the intention of the Grantors herein to hereby convey to the Grantee all of the property of which they are seized and possessed in Frederick County, Virginia, and the City of Winchester, Virginia, with the exception of those certain parcels described in the deed of trust dated August 14, 1996, of record in said county land records in Deed Book 864 at page 455, and in said city land records in Deed Book 277 at page 425. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions O OK869F'G0593 of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: Ac (SEAL) RIDGELY WHITE by M. Willis White, his Attorney —in —Fact 1�.�i/raaz 5. !JHi/"� 7U.? Y/NFA<T (SEAL) fiLEANOR ANOR SS. WHITE by M. Willis White, her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this -1G day of September, 1996 by M. WILLIS WHITE, Attorney -in -Fact for RIDGELY WHITE and ELEANOR S. WHITE, on their behalf. G ai /q9 r NOT RY PUBLIC _: L yp •' '('0-i11,, My commission expires: VIRGINIA. FREDERICK COUNTY. SCT. This Instrunwl of no wu p oducad to me on thl and w11h caidllcale of acknowledgment thereto annexed wee Ited to retard. Tax knpoaed by Sec. 58.1.802 0l _ and 6e.1-aol twn tiegn pstd. It assessable r G4r4 BK87 I PGO032 THIS DEED, made and dated this ,�j -� day of December, 1996, by and between C. RIDGELY lYHI and ELEANOR S. AXIIE, husband and wife, by N. WILLIS WRITE, their Attorney -in -Fact, hereinafter called the Grantors, and WILLOW GROVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sun of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek Diatrict, F}�edeLik County, Virginia, bearing tax map number' 5-3_3—A., "and being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely White) by will of Lucy M. Hack, which is of record in the Clerk's office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 31, 1973 to Eleanor S. White, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: 0 • In Wite.Uf OK87 I PGO033 [SEAL) C. RIDGELY WHITE by M. Willis White, his Attorney -in -Fact SEAL] ELEANOR S. WHITE by M. Willis White. her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 1 0 day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDGELY WHITE and ELEANOR S. WHITE, on their behalf. My commission expires: �/nrl"' j� '�CxXo fn JNOTARY P ! IC VIRGINIA: MEDERICK COUNTY, SCT. Thle neirumant of writing was produced to me on the day of �aL Iqf b'. at 10' ti and whh certificate of acknowledgment theroto annexed was admitted to record. Tax Imposed by Sac. 58.1-802 of t n l4 and 58.1-001 haves bean paid, II ■asessable e 600 glSl i r' 0 • '-+N o 0 00 00 � i- �00 t W, Bn8GPGO1i� 5 THIS DEED OF CONFIRMATION/CORRECTION, made this ?-V day of August, 1997, by and between CLYDE LEE MARSHALL (the "Grantor"); and PEMBROKE. COVE PROPERTIES, L.L.C. (the "Grantee"); WITNESSETH: This Deed of Confirmation/Correction is being filed to more particularly describe the property which was conveyed by the Grantor by deed dated February 17, 1995 and recorded in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to the land surrounded by various parcels. Since that time, a survey has been prepared and the property conveyed is now more particularly described as follows ((he "Property"): All that certain lot, piece or parcel of land, will all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached hereto an incorporated herein by this reference. Furthermore, this deed shall also serve to correct the "BEING" clause in the deed referred to above which originally conveyed this property to the Grantee. In that prior deed, the BEING clause read as follows: BEING the same real estate conveyed to Francis J. Marshall and Ann M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BEING the same real estate conveyed to Francis J, Marshall, Jr, and Clyde Lee Marshall, as tenants in common, by deed from Francis J. Marshall and Ann M. Marshall, dated April 15, 1948, recorded, April 21, 1948, in Elie Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. Francis J. Marshall, Jr. died, testate, on January 5, 1995. Exemption Provision. This is a deed of confirmation/correction and which is exempt from recording tax pursuant to Virginia Code Section 58.1-810(1) and 58.1- 810(2). Tills conveyance is made subject to recorded conditions, restrictions and easements as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: J )/CI,(SEAL) QWyde Lee Marshall 0 BJ(886504 It 6 .',qPWONWEALTIJ OF VIRGINIA to -wit: CIT.Yl.'Q-Uwy OFj' :1c foregoi g.instrument was personally ackjiowledged before me in the of Virginia, this%,66 day of August, 1997, by Clyde U-6 Warshall. My commission expires: gy Coip.AISSION ORCH 31.j Notary Publi 7mo�� GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L.C. c/o Kenneth F. Marshall, Member 219 Moreland Lane Cfearbrook, Virginia 22624 E E LINE TAR/, IYnrhnder k Wcslcrn R n 1 1 r a n d 81�88GPG0447-� L6— i I Ex. U/G Gas o° 0 44'oodcn Trailer /JShed a Woodenuildin TANGS BurldingR�c 6.97' Waodvn` �+ 2 0.72� C N� Shed 1.21' g []Shed LhV£ DIREC77ON D15 L1 S 145528 I 13 12 S 14541J" IV 0 L3 S 143112 1V 8 14 S 034112 fV 12 L5 N 104409 L' 76.15' L6 S 647851' E 845.94' u H Pu+ver Shed" Imes (lypicoo Ret..: 08 270 - P 255 �1 112.1,550 Acres TM 53 I'd 91 \ Set Srcna o/off^ rf' Cor. Tom% S A%F Posl S�Sce/se, ales p PCl ?�2 1 Jp LU,FtJd: ) J IRF Iron lied Found 4i + IRS Iron Rod Sal w Ex. Utility Pala —J`.-- Es. Overhead power Llnc h — s— Ex. Cos Line = _ NOES: ca. N 777.6'26" If' tJ f 1. No title report furnished. rUr Porn gulh 0.f nP9afTO49 2. Easements other than shown may exist. / DD SG pcl 2D 3. The Inlormallon shown on lhls plat n.t GJ is based upon on aclucl field survey made on February 8 1995 f / U I t Bomdg-Ty survey of khu LHICcIlAT,rr119 J. iV1I$rlfl'r] zffl¢ Deed rr� are Rm :BadTP ,f�:,�C1reek Pv igi k> sMl tJ 0, 'N NIT (3url � \ a 3f0.30 rx-\ ao rN 7534 11" R\�. � 1 1 Kcnnorh F. A(anhall '- 11r 6J Pd 2A 1 r_ UU -A5 C. L-rwc—, nn.+- P �ullD�,,:.1 DfftgmuuwL o CERTIFICATE N(7. ' OATS: AUGU T 1 ,T 9fzlE v.• 5cole: 1"-4'00 V ll i i` ,oldlly Fr+1'iW tA�0 Su x 1[.a;u.. r LnIaU /�7J w}lv� •-�-.� Surveyors f'.L 19 N: MARSIUQL.UPIG 113264 0 ROSEMARY B. EADIE, ET VIR �* TO: DEED KENNETH F. MARSHALL, ET Uzi A***********'Air****'k*******A******** 543 .: 245 THIS DEED, made and dated this > day of / ✓" ' "" : , 1981, by and between ROSEMARY B, EADIE and JOHN H. EADIE, her husband, hereinafter called the Grantors, and KENNETH F.' MARSHALL and MARY L. MARSHALL, his wife, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entiretiy in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improve- ments thereon, and appurtenances thereto belonging, all the following realty: All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Grade for a length of approximately 4021, having approximately 7241 on its Eastern boundary, having approximately 2951 on its Northern boundary and having approxi- mately 10051 on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, which is attached hereto and made a part hereof as if set out in full. Ibis is a portion of the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated June 4, 1957, of record in the Office of the Clerk of the Circuit Court of Frederick County,! Virginia, in Deed Book 247, at Page 159. Carroll E. Campbell j died intestate on October 18, 1958, survived by Rosemary B. ! Campbell as set forth in the list of heirs of record in the said Clerk's Office in Will Book 63, Page 63. Reference is here made to the aforesaid plat and survey, deed, and the references contained therein for a further and more particular scvri; crass description of the property conveyed herein. rlrr+cx�nionroH A rtonr,l .s •. r.n ,o soun„nn sl.nll w il,Cnlflin via GINIA ),YOI I 1 APPROVEr)- 543 247 FRANCIS J. MARSHALL. JR. CLYDE LEE MARSHALL n Z3 D.B. 205 —p a 8 WINCH ESTER—FREDERICK CC). HEALTH DEPT. FREDERICK CO. DEPT. OF PLANNING N75-',,,,,,PoLx , plow 13i ci i6 ..AN:1 i AN ,ty0) 0 - (D UP U LS Yr1h%-1tF'Z1TR VIPGIMA _j E ur 10 - 2: < rr L A. B I _j t.cr: x 7.082 ACRES 0 0 o d 0 �9' 543 248 The Accompanying flat is a Survey of a Portion of the Land conveyed to Carroll E." Campbell and Rosemary B. Campbell by Deed dated 4June 1957 in Deed 3oolr 247 Rage 159. The said LAnd fronts the Northern Boundary Line (Arc Line) of the Cedar Creek Grade - Virginia Route 622, just. West of the City of Winchester, and lies in hack Creek District, Frederick County, Virginia] Beginning at an iron pin in the D:orthern Boundary Line (Arc Line) of Route-622, a corner to the Roadway leading to the t•farshall Farm, the said Pin being s 370 31' 00" t•i - 35.99 ft. from monument no. 92 - City Limits of the City of Winchester, running with the Western Line of the said Roadway, the said Line being parallel to and 20.0 ft. Nest of the City Limits Line, I� 030 -16, 051, - 727.00 ft, to an iron pin corner to the MarshallL7ndl thence with a Southern Line of the said Land I. 750 36° 27" - 291.40 ft. to a post corner to -the Petai.ned Portion; thence with the Eastern line of the said other Land S 130 05' 141, Iti - 1,037 92 ft. to an iron pin at the P.C. in the Northeastern Boundary Line of Route 6221 thence with the said Line, with the Arc Line 51f1.30 ft. (Chord 650 35' 17" t; - 515.G0 ft to the beginning. Containing - - 7.002 Acres Surveyed - - - `:ovembcr 2, 1981 o LE/¢. r -Ae EB.ER Tom_ V ajOW ;ATZ AM > ra > t *� /,RGUNA FREDE"RICK CJUi'1PY, SCP. rxrrn This instrument of riting was produced to me on the el-/1_day of QssP'I-Qx . 19 g-L, at .SO ..A7 . ,nd with certificata of aeknowl-dgment thereto aaaeca3 wgg9 ,dmitted to record. 'Pax linp:»e3 ily d:c. oS' }• 1 of and 5 3-54 have been paid, if a;se_sablo. 1 / Clerk 0 0 z wo LDonKzs hey R. Honley. PC 0�4 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. SK 918 PG 1 139 EXEMPT FROM RECORDATION TAXES UNDER THE PROVISIONS OF SECTION 58.1-811 A(10) OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this ,1yday of ,���».z , 1998, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to -wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (2%) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated -Tu t4, L, 1998, of*record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book t�o6, at page ,�-61 Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as 0 E 6 6v taut ()likes hey R. Henley, P.C. �w G'r; 9 1 o `3G I I tt 0 the same may now be in force and effect, but this deed shall not be construed as extending or reimposing said restrictions. WITNESS the following signatures and seals: C. Ridgely White By: , '1���� (Seal) M. Willis White, as attomey-in-fact for C. Ridgely White Eleanor S. White By:'//--- /�—e- (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGr IIA CITY / COUNTY OF to -wit: The foregoing instrument ,,vas acknowledged before me in the jurisdiction aforesaid this l Al day of 1998, by M. Willis White, attomey-in- fact for C. Ridgely White and Eleanor S. White, on their behalf. Given under my hand this day of i� • ,,.,.µ U t t 1995 of Public My Commission expires: • �� V1RGINW FREDF 11= COLKTX 8= Thl Instrument c wrl g was r uced to me on th� day I , lg�at___J L and with certlllcate of acknowledgment thereto © exea was d ILL to record. Tax Imposed by Sec, 58.1-8U2 or S , and 58.1-e01 have been pald, ll assasnbbie. 'Clerk 0 0 ow CMBS A. Horkey, PC BK918PG1141 �P p THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. EXEMTT FROM RECORDATION 18E AUNDER THE PROVISIONS OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this I/cO day of -5,-- �� 191, by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto the Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to -wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1817., AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,•of record of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. Ridgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. 0 0 BKgION1142 This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as the same may now be in force and effect, but this deed shall not be construed as extending or reimposing serd restrictions. WITNESS the following signatures and seats: C. Ridgely White By: (Seal) M. illis White, as attorney -in -fact for C. Ridgely White Eleanor S. White By: —o� ��� (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ���� , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction aforesaid thisday o 19� by M. Willis White, attorney -in -fact for C. Ridgely White and Eleanor S. White, on their behalf. - Given under my hand this 1� day of L��i L9 .' t t,, ,. ,, J G /{ Low Oftq" _ otary Public ..+^• ;� ,���.. •, '`, ay A. Hw". P.C. My Commission expires: YIRGN A: FREDEF" COWM WE Thl atrument of Was g�L uced me on th� + 1GZ$, at and with certificate of acknowledgment thereto nextad of Was mined to record. Tax Imposed by Sac. , and b,8Q1-aui havveel been paid, U assessablu. Clerk r\v 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE i COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL. Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby 0 iN acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and s convey with Special Warranty, subject to easements, restrictions and reservations of record, unto 3 Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (� more or less, both situate in Frederick County, Virginia, together Nvith the improvements thereon, �l and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in an},�vise appertaining, more particularly described as follows: \ Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correcdon dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust UAW, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keeler Obenshoin PC P.O. Box l2B7, Harrisonburg, Virginia 22803 J 1 1 J 0 N co Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. 6T,acZtTv 82 A�Pacel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. legeth F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP S, L.L.C. By: (SEAL) Name: y1A.s Title: Me air — /Slr.nbri STATE OF VIRGIMA CITY/f_: � ' OF to -wit: 0 N C.� G: The fore n instrument was acknowledged before me in the jurisdiction aforesaid this ,,? day of Z , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: _60OD ti (SEAL)Q,V, z� N aryPublic �Op t STATE OF VIRGINIA CITY/(3GUNT-Y OF�Q j) , to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ay of , 2003, by Kenneth F. Marshall. My commission expires; D (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 Notay /Public V ••.... ' VI ,UIINTIA- FREDERICri COUI�'T1, SCI. This instrument of wTiting was produced to me on � Q at L-S yid with certificate eto arinexed of acknowledgement ther58.1 802 of was admitted to record. T imposed by 5 3,�d��0 ,and 58.1-801 have been paid, if aM—Ubit', 47i'rt_"1 , Clerk X u �r r� - 7c, . J, n o c� 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE i COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. 1 i MAP -SHALL , Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby Nacknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and aconvey with Special Warranty, subject to easements, restrictions and reservations of record, unto 3 Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (� more or less, both situate in Frederick County, Virginia, together with the improvements thereon, M 3 and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: \ Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirm ation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keeler Obenshain PC P.O. Box 1287, Harrisonburg. Vlrglnla 22803 0 0 0 N d tv Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C,L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247, Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature jeineth d eal. bF F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP S, L.L.C. By: (SEAL) Name: Title: m,q 11 E • 6V 6v STATE OF VIRGNIA CITY/eebww OF , to -wit: The fore 'n in trument was acknowledged before me in the jurisdiction aforesaid this ,,?day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: .ti (SEAL) f;��N �� `•= N ary Public STATE OF VIRGINIA CITY/GO n:z-`z'-Ore) &A_) to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ay of 2003, by Kenneth F. Marshall. My commission expires: 0 (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 (J NotVPublic V IA .� V1RCi1, tlr� FREDERICi� Sto me on This instrument of writing P , � 6) � a3 ! 3 . at nd with certificate of acknowledgement thereto atrnexed was admitted to record. T imposed by Sec• 58.1-802 of and 58.1.301 have been paid, if amessabie_ 'Clerk X 70 p J C: C4000879'7 Tax Map 53-A-92A This instrument prepared by, Recording requested by, And when recorded return to: Philip Tenley Jones, Esq. Miller and Smith at Willow Run, L.L.C. c/o 8401 Greensboro Drive Suite 300 McLean Virginia 22102 SPECIAL WARRANTY DEED tk THIS DEED, made this Z day of May, 2004, by and between ELEMAITCH, INCORPORATED, a Virginia corporation, Grantor; and MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company, Grantee. WITNESSETH, That in consideration of the sum of FOUR HUNDRED THOUSAND AND NO/ 100 DOLLARS (S400 000.00 , Grantor does grant and convey to the Grantee, its successors and assigns, in fee simple, all that property situate in Frederick County, State of Virginia, described as: SEE ATTACHED E)I-I IT A, attached to this Deed and incorporated herein by this reference (the "Property"). TOGETHER WITH the building thereupon, and all of the ways, easements, rights, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the Property. TO HAVE AND TO HOLD, the Property and appurtenances unto and to the use of Grantee, its successors and assigns in fee simple, forever. tm AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. IN WITNESS WHEREOF, Grantor has caused this Deed to be executed, sealed and delivered by its authorized representative as of the date first hereinabove written. 0 J •rt ELEMAITCH, INC. By: [Seal] A ander Negley White President STATE OF VIRGINIA CITYICOUNTY OF F(aJea, 61` , TO WIT: I HEREBY CERTIFY, that on this /9 Aday of May, 2004, before me, the subscriber, a Notary Public of the State of Virginia in and for Fcdtra(A County personally appeared Alexander Negley White, and represented himself to be the President of Elemaitch, Incorporated, a Virginia corporation and that as such officer being authorized to do so, executed the foregoing Deed for the purposes therein contained, by signing the name of said corporation as such officer. IN TESTIMONY WHEREOF, I hereunto set my hand and official seal. MY Commission Ex ices: -s 3 o Ida 6 b Notary Public X! t yr•. d EXHIBIT A All of that certain lot or parcel of land, lying and being situate in CZ) Shawnee District, Frederick County, Virginia, containing 1.444 acres beginning at an iron rod found at the westerly most comer of the subject parcel at a point north of the center of a 20-foot right of way from Orchard Lane and bounded on the north, south, east and west by the lands of Willow Grove, LC; thence with the lands of Willow Grove, LC, for the four following courses: N 18' 04' 56" E - 261.39 feet to an iron rod found; thence S 77' 50' 15" E-241.85 feet to an iron rod found; thence S 18' 04' 56" W- 261.39 feet to an iron rod found; thence N 77' 50' 15" W - 241.85 feet to the point of beginning. AND BEING the same property conveyed to Grantor by Deed dated September 20, 1982 and recorded in Deed Book 551, at Page 740, among the aforesaid land records. TAX MAP NO.: 53-A-92A V1RGIMA' FREDMICK COUNTY, SCT. Tlti� irs4 tunent of writing was prodtfood to me on . -L�6!at _ lI:/�Rt>LJ an J ai;l::c7ili„ to of :kknowltdgernent thereto dnnexed wal Jd,tunu; tO %Urd T inipNod by Sec:. 58.1.802 of 5 , and 58.1-801 have been paid, if assessable 4e-,- A� , Clerk 16-17-2004 I1t67an From-HARRISON i JOHNSTON 11 i,U1.1U6 1 Ur% 0 Tax Map 53-.A-92 and Tax Map 53-A-92A 't-his instrument prepared by, Recording requested by, And when recorded r,rum to; Philip Tenley Jones, Esq. Miller and Smith at Willow Run, L.L.C. ao 3401 Greensboro Drive Suite 300 McLean Virginia 22102 5406671312 T-662 P•002 F-337 46 lQ DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into Us JA- kday of May, 2004, by and between WILLOW GROVE L.C. ("Willow Grove") a Virginia limited liability company, Grantor; and MILLER AND SMITH AT WILLOW RUN, L.L.C.. ("MS"), a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53-A-92 ("Willow Grove Propert)"), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records"). B. MS is the owner of 1.444 acres of land known as Tax Map 53-A-92A ("MS Property"), having acquired the land by deed recorded as Instrument Number Or 000 ?99 % , among the Land Records. (Willow Grove and MS, collectively, "Owners'. ® C. It is the desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Propeny and MS Property, conveying to MS approximately 144.398 acres to form a Final MS Properry, as defined lierein, and more particularly described in Exhibit A, attached hereto and made a pan hereof, all as shown on the plat attached ]hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOW' GROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat"). NOW. THEREFORE, WITNESSETH: that for and in consideration of the sum of NINE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS (S9 250.000.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plat, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in accordance witli 111e statutes of Virginia governing the platting of land. 6v 06-17-2004 11:67ae From-HARRISON a JOHNSTON 6406671312 T-602 P.003 F-337 •t1 Final Willow Grove Propern• Tax Map 53-A-92 r\J 139.901 ACRES A- \D 4.497 ACRES ARE HEREBY SUBTRACTED FROM (Willow Grove Property) AND 139.901 ACRES AND 4,497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1.444 ACRES (.MS Property) TO CREATE ONE PARCEL OF 16,542 ACRES (Final Willow Grove Property Tax Map 53-A-92) AND DOES NOT CREATE A NEW BUILDING LOT. Final MS Property Tax Map 53-A-92A 139.901 ACRES AN-D 4.497 ACRES ARE HEREBY ADDED TO (MS Property) AND 139.901 ACRES AND 4,497 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Property) TO CREATE ONE PARCEL OF 145.S42 ACRES (Final MS Propem• Tax Map 53-A-92A) AND DOES NOT CREATE A NEW BUILDING LOT. Final Tax Map 53-A-92A is now defined as the "Final MS Property" and is more particularly described in Exhibit A, attached hereto and made a part hereof. Final Tax Map 53-A-92 is now defined as the 'Tina] Willow Grove Property" and is more particularly described in Exhibit B, attached hereto and made a pan hereof. CONVEYANCE THIS DEED FURTHER WITNESSETH, That for and in consideration of the sum of Ten Dollars (S10.00) cash in hand paid, the receipt and sufficiency ofwhich are hereby acknowledged. Willow Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, onto MS and their successors and assigns, in fee simple, all that certain land and premises situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tax Map 53-A-92 as listed above as 139.901 acres and 4.497 acres, that are now a part of Final Tax Map 53-A-92A, all as more particularly described in the Plat ("Willow Grove Conveyance"), TOGETHER WITH the any buildings thereupon, and all of the ways, easements, riglits, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD. [he property and appurtenances unto and to the use of Gran[ce. its successors and assigns in fee simple, forever - AND the Grantor liereby covenants to and with Grantce and its successors and assi-ns that they have not done or suffered to be done any act. matter or thing whatsoever. to cncumher the -2. 6 06-IT-2004 11:6Tam From-HARRISON i JOHNSTON 6406671312 T-682 P•004 F-33T 0 property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as maybe requisite. VACATIONS THIS DEED FURTHER WITNESSETH That for and in consideration of the premises and the sum of One Dollar (S 1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portions of easements recorded in Deed Hook 550, at Page 256 shown as "Existing 20' R/W (Hereby Vacated)" on the Plat. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any provision. 'Phis Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia. WITNESS the following signatures and seals: WILLOW GROVE: Willow Grove, LC, a Virginia limited liability company By: Wil is White, Manager State of Virginia , County of T� cde �� I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that M. Willis Wltite, whose name is signed to the foregoing document as Manager, on behalf of the Willow Grove. LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. 11j / Given under my hand and seal this /3 day of May, 200Y"/� C� I C ;41. My commission expires: 3" O 00 6 -3- 6406671SIZ T-682 P.006 F-33T 16-17-2004 11:67um From-HARRISON i JOHNSTON MS: r State of Virginia County of Fairfax 0 40 Miller and Smith at Willow Run, L.L.C.. a Virg nia limited liability company �I By: • 'i �a' ' ' arles F. S' an;,�r. Manager t I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that Charles F. Stuart. Jr., whose name is signed to the foregoing document as Manager, on behalf of the Miller and Smith at Willow Run, L.L.C., appeared before me and personally acknowledged the same in my jurisdiction aforesaid. Given under my hand and seal this % 2 day of May, 2004. My commission expires: +• alb • c. 6 1-1 otary ublic .s' _"": -4- 06-11-2004 11:61am From-HARRISON i JOHNSTON 6406671312 T-682 P.006/018 F-337 I EXHIBIT A , •„1 To - DEED OF BOUNDARY LANE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE- LAND OF o MILLER AND SMITH AT NVILLOW RUN, L.L.C. _ PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly comer of the Willow Grove L.C. land (PIN 53-A-92); thence with the said Willow Grove L.C. land for the four following courses: S 38' 49' 23" E—1,070.22 feet to a point; thence N 800 23' 26" E — 952.35 feet to a point; thence S 53° 46' 18" E — 1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53-A-90); thence with the said line of the land of 740 LLC, S 440 32' 51" E — 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53-A-91); Thence with the said line of the land of Greystone Properties, LLC, S 350 42' 09" W — 2,403.40 feet to the most westerly corner of the said Greystone Properties, LLC land and the northerly line of the land of Jova Properties, LLC (PIN 63-A-1); thence with the said Jova Properties, LLC land for the two following courses: N 44° 37' 34" W—1,195.84 feet to the most northerly comer of The said Jova Properrics, LLC land; thence continuing with another line of the land of Jova Properties, LLC, S 400 31' 36" W — 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53-3-A); thence with the northerly line of the said Willow Grove L.C. land, N 40' 50' 23" W — 571.97 feet to the most easterly corner of the Melco, Inc. land (PIN 53-A-94); thence with the northerly line of the said Melco, Inc. land, N 40' 48' 27" W — 365.07 feet to the most northerly comer of the said Melco, Inc. land, a corner to the aforementioned Willow Grove L.C. land; thence continuing xvith another line of the Willow Grove L.C. land, N 41' 01' 53" W — 658.63 feet to a concrete monument found in easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterly right of way line of Merriman's Lane for the 13 following courses: N 14° 22' 45" W— 78.16 feet to a concrete monument found at the P.C. of a curve to the right; thence with the Arc of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13' 26' 54" 1: — 80.62 feet) to the P.T.; thence N 750 20' 52" E — 228.61 feet to a concrete monument found; thence N 59' 10' 5 1 " E — 109.08 feet to a concrete monument found; thence N 260 05' 28" E — 98.77 feet to a concrete monument found; thence N 22' 35' 16" W — 150.77 feet to a concrete monument found; thence N 31' 54' 53" E — 138.70 feet to a concrete monument found; thence N 090 48' 02" E— 275.47 feet; thence N 07' 05' 2 1 " W — 198.96 feet to the P.C. of a curve to the right; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13° 51' 17" E—469.72 feet) to the P.T.; thence N 11' 58' 27" E — 73.79 feet to a point; thence N 54' 02' 19" W — 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline of Merriman's Lane with the Arc of a curve to the right 117.84 feet (Radios = 477.47 feet; Chord = N 43' 01' 54" E — 117.54 feet) to the point of beginning." Containing ........ 141.345 Acres AND -5- 06-17-2004 11;67am • -iIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. o VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on West Side of Merriman's Lane "Beginning at a point at the intersection of the easterly right of way line of Route 37 and the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 37, N 100 52' 08" E — 466.39 feet to an iron rod at the most southerly corner of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36' 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); [hence with the said line of Route 621 (Merriman's Lane) for the five following courses: S 040 47' 26" E— 259.50 feet to a point; thence S 00° 58' 28" W-272.68 feet to a concrete monument found; thence S 29' 38' 24" W — 271.73 feet to a point; thence S 540 18' 52" W — 226.78 feet to a concrete monument found; thence N 53' 49' 29" W — 93.87 fezt to the point of beginning." Containing ........ 4.497 Acres M 06-H-2004 11,682M EXHIBIT B • 0 To ..._ _DEED OF BOUNDARY LINE ADJUSTMENT, to VACATION AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF WILLOW GROVE L.C. AFTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA "Beginning at a point in the center of Merriman's Lane at the most westerly corner of the Miller and Smith at Willow Run, L.L.C. land (PIN 53-A-92A); thence with the centerline ofMerriman's Lane for the two following courses, with the Are of a curve to the right 60.60 feet (Radius = 477.47 feet; Chord = N 53' 44' 17" E - 60.56 feet) to a point; thence N 570 22' 27" E-105.00 feet to a point, a corner to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 501 25' 30" E - 742.86 feet to a point; thence S 68' 26' 13" E - 169.25 feet to an iron rod found; thence N 34' 04' 34" E - 97.74 feet to an iron rod found; thence with the Arc of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord = N 210 02' 50" E - 96.14 feet) to a point; thence N 08' 01' 06" P - 65.70 feet to an iron rod found; thence S 63° 32' 51", E - 1,075.48 feet to a point; thence S 44' 32' 5 1 " E - 1,116.79 feet to a point, a comer to the Miller and Smith at Willow Run, L.L.C. land; thence with the nonherly line of the Miller and Smith at Willow Run, L.L.C. land for the three following courses: N 531 46' 18" W-1,366.24 feet to a point; thence S 80' 23' 26" W - 952.35 feet to a point; thence N 38' 49' 23" W - 1,070.22 feet to the point of beginning." Containing 16.542 Acres 6 -7- 05-17-2004 11:58am From-HARRISON i JOHNSTON 5406671312 T-682 P-009/018 F-337 -- a • o - ROUTE 37 LANF I ORCHARD' I i I I `n•s LANE 5 c� CJ C NN ~IIITL 4� VICINITY MAP SCALE: 1 "=2000 AI I �/� l/ED Y SUBDIVISION ADMINISTRATOR - " /; / ?^' ��� DA TE rIIRVF TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 10727'33" 50.00' 93.78' 68.74' 80.62' N 13'26'54" E C2 4472'49" 624.07' 481.58' 253.49' 469.72' N 73'51'77" E C3 14'08 25" 477.47' l l7.54' 59.22' 177.54' N 43-01.54" E C4 07'16'20" 477.47' 60.60' 30.34' 60.56' N 53'44'77" E C5 26'03'27' 213.23' 96.97' 49.34' 96.14' S 21'02'50" W LINE TABLE LINE BEARING DISTANCE L1 N 14 22'45' W 78.16' L2 N 59'10'51" E 709.08' L3 N 26'05'28" E 98.77' L4 N 22'35'16" W 750.77' L5 N 3154'53" E 738.70' L6 N 11'58'27" E 73.79' L7 N 54'02'19" W 20.00' L8 N 57 2227" E 105.00' L9 S 6826'13" E 169,25' L I O N 34'04'34" E 97.74' Lll N 08'07'06" E 55.70' SUR VE YOR 'S CER TIF/CA TE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C.,ITM-53-A-92] BY DEED DATED 20 SEPTEMBER, 1996, AS RECORDED IN DEED BOOK 869 PAG 596 IN THE OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA, AND ALL OF THE L ND PONVE D TO MILLER AND SMITH AT WILLOW RUN, L.L.C.[TM-53-A-92A] BY DEED DATE'D�%u' 1.141 "024 2004, AS RECORDED IN INSTRUMENT NUMBER L) `f G 00 ? 999 IN THE OFFIC OF THE CLERK OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA. THE CURRENT ZONING FOR THESE PROPERTIES IS RA. BOUNDARY LINE ADJUSTMENT BE7WE£N THE LANDS OF WILLOW GROVE L.C. TAX Alf1P 5J-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-92A SHAWNE'E" DISTRICT FREDERICK COUNTY. vlRGINlA CATS.• 04127104 I SCALE.- N/A I SH£ET.- 1 OF 8 Marsh & Legge Land Surveyars, P.L.Q. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL officeOrnarshandlegge.com DRAWN BY: DJF DWG NAME: 5464-BLA.dwg 05-17-2004 11:58am From-HARRISON 8 JOHNSTON 64065TI312 T-682 P-010/018 F-33T O WNE-R'S CER TIF/CA TF � 'HE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C. I TM-553-A-92], AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. BY. ON BEHALF OF WILLOW GROVE L.C. NOTARY PUBLIC STA TE OF CITY/C©U V rY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE M£ ON BY (DA TE) ' I ON BEHALF OF WILLOW GROVE L.C. - J MY COMMISSION EXPIRES (NOTARY PUBLIC) OWNER'S CER TIFICA TF THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH AT WILLOW RUN, L.L.C. (7M-53-A-92AI AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TR,U�7FES, 1 ANY. B Y.• ON BEHALF OF XLLER SMITH AT WILLOW RUN, L.L.C. NOTARY PUBLIC STA TE OFI i THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ONj�� ?�t_BY (DA TE) OAAc, Ie% 'F. S ON BEHALF OF MILLER AND SMITH AT WILLOW RUN, L.L. C. MY COMMISSION EXPIRES: 3��U(0 ,1vOTAR Y PUBLIC) NOTES: T. NO 777LE REPORT FURNISHED: THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN. 2, BOUNDARY INFORMATION SHOWN HEREIN IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED JULY 2003. BOUNDARY LINE AD✓USTiMENT 6E/WEEN THE LANDS OF WILLOW GROVE L. C. TAX MAP 53—A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-92A SHAWNEE DISTRICT FREDERICK COUNTY, VIRG/NA DATE.' 04127104 I SCALE.' N/A I SHEET' 2 OF B f�ar,h & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 — EMAIL of fice®morshandlegge.tam o� �,TH OF 0 �r21 U �30 g��g e No. 001197 00 004iiili0i,� DRAWN BY: DJF DWG NAME: 5464-8LA.dw_q 05-17-2004 11:58am From-HARRISON 8 JOHNSTON 5406671312 T-682 P.011/01B h-33f SHEET 3 OF 8 SHEET 4 OF 8 SHEET 5 OF 8 SHEET 6 OF 8 i I KEYMAP i 0' 400' 800' GRAPHIC SCALE.- 7"=400' BOUNDARY UNE ADJUSTMENT BETWEEN THE IANOS OF WILLOW GROVE L.C. TAX MAP SI—A—R2 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 5J—A-92A SNAMY D15TRICT FREDERICK COUNTY VIRGIM14 DATE- 04127104 SCALE: 1 "=400' SHEET- 2A OF B Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0458 - FAX (540) 667-0469 - EIAAIL officednorshondlegge.com CD G 0 cp 1,TH OF Y N0. 001197 DRAWN BY: D✓F DWG NAME: 5464-&A.d,v9 05-17-2004 11:Ham From -HAP ISON & JOHNSTON 0 5406671312 T-112 P.012/ F-337 N r—� 0' 200' 400 GRAPHIC SCALE- I"=200' MERRIMANS' CHASE SUBDIVISION OPEN SPACE INST. I 030007014 ZONED: RP / 482.63' USE: RESIDEN TIA L (OPEN SP ACE)6,50'22" E 33 _ Oa r 61 r �� UQ. / 93-A-92A ' �� 4.497 ACRES p (WEST SIDE OF`O/ ( ~j� 7z 60 6 RTE. 621) J�` �LA � (--.y^���` 2'y c p ' ^ � ga' p'L \p 5��= MF5478'S2" W S 2g2�1 �G\r o�� QC 226.78 �'s ko, VA. SEC. ROUTE 621 ,60 MERRIMAN'S LANE L5 CMS i (VARIABLE WIDTH R/W) CMF N > DB 431 PC 203 <r CMF G1 2S�Os�+ v l CMF ( CM L2 CMF L3 r J �Q C) CL I LQ � 4x ccpN o a of jr- 53—A-92A I 1.444 ACRES ORIG. AREA ZI + 139.901 ACRES (EAST SIDE RTE. 621) ^iI Ln i + 4.497 ACRES (WEST SIDE RTE. 621 145.842 ACRES TOTAL ADJUSTED AREA I.. w I ` I � I IIRf ` LEGEND: 53-A-94 0 R/� CMF-CONCRETE MONUMENT FOUND �; q IRF-IRON ROD FOUND I MELCO, INC. v I I o C'q DE 565 PC 783' I� �� SEE SHEET I OF 8 FOR ZONED; RA :k LINE AND CURVE DATA USE: RESIDENTIAL MA T CHL I Nf.: SEE SHEE T- 4 OF 8 w' 1 z �i n� 50LINDARY LINE ADJUSTMENT EE7WEEN THE LANOS OF H OF WILLOW GROVE L.C.vr� TAX U4P 5 °,J-A-92 G'r AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53—A-52A Bias L ge SHAWNEE DISTRICT No. 00119? FREDERICK COUh?Y �IRG/N/A DATE: 04127104 SPACE 1 "=200' SHEET- 3 OF 8 AND soR����a Marsh & Legge Land Surveyors, P.L.C. ' `�•N 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: OLIF PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL officellnorshandlegge.com DWG NAME: 5454—&A.dwg 05-17-2004 11:Ham From-HARRISON d JOHNSTON 5406671312 T-682 P.013/018 F-337 0 N L \ 53-A-94 to �TFO� MELCO, INC. DB 555 PG 783 ZONED: RA USE: RESIDENTIAL IL `-''I DENOTES EXISTING C.n W GROVE L.C. � I PROPERTY LINE WILLO 3-A to I HEREBY VACATED DB J871 PG 32 I (TYPICAL) zpNE0: RA USE: y4t.55i AGRICULTURAL 5 40'31'36 W I I 5�P�1 cN14 I 53-A-92A 1.4441" 6CRES ORIG. AREA + 139.901 lcACRES (EAST SIDE RTE. 621) 63-A-1 + 4.49715'CRES (WEST SIDE RTE. 621) JOVA PROPERTIES, LLC 145.842 IACRES TOTAL ADJUSTED AREA r INST. # 040000377 ZONED: RA USE: AGRICULTURAL I _ I I� I LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0200 400' GRAPHIC SCALE: 1 "-200' r 53-A-91 YSTONE PROPERTIES, LLC INSTR. # 030024683 ZONED: RA USE: AGRICULTURAL SOUNDARY LINE ADJUSTMENT 64WI EN THE L4NDS OF WILLOW GROVE L. C. TAX MAP 53-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP .53-A-92A SHAWN££ 01S11R/CT Q4Tf.• 04127104 I SCALE 1"=200' I SHEET- 4 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VARGINIA 22601 PHONE (S<;; 667-0468 , FAX (540) 667-0469 r EMAIL office marshondleggecom 4,LTH OF y� r U l4'iS5 las C,ae No. 001197 t9ND s[]RVE� � ��414ti+INS DRAWN BY: GVF DWG NAME: 5464—&A.dw9 05-17-2004 11:58am From -HARK SON I JOHNSTON t0borl9lz VA, SEC. ROUTE 621 I «� MERRIMAN S LANE �G PC�CQ���p� C3 C4 L8 PRESCRrPr1Vf EASEMENT FR\P k� I 750 LLC 452.63�� I 53-A-928 c 08 978 PG 1141 I �y �1 �O E`L , I I I rtj Ln ZONED: RA o USE: HESIDENTIAL � lrn COMM. OF co 1� • :1 4�:- ; I � W 1 � .I PG 20.E i p I �' O • �e ���� u, I 34 DRAINFIELD 416 �R r EASEMENT GROJE D S58 93'(TIE 60 BR©R 53-A-92A 1.444 ACRES OBpRIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 621) �� 16S 145.b42 ACRES TI OTAL ADJUSTED AREA LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND 200' 400' SEE SHEET 1 OF 8 FOR \ LINE AND CURVE DATA GRAPHIC SCALE. 1"=200' A4 ;1C.�i1.hIF.: MATCHLINE: SEE SHEET 6 OF 8 !�i�i rCPli It!E: BOUNDARY LINE ADJUSTMENT BETWEEN THE LAWS OF yTH OF WILLOW GROVE L. C. TAX U4P 53-A-92 0 AND r? MILLER AND SMITH A T WILLOW RUN, L. L. C. TAX MAP 53-A-92A _ S�MWNEE DISTRICT 0. 00119 S DATE.• 041,27104 1 SCALE.- 1 "=200" I SHEET.- 5 OF 8 I Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (5Q) 667-0468 � FAX (540) 667-0469 EMAIL o(fice@marshondlegge.com DRAWN BY: DJF DWG NAME: 5464-8LA.dwg 05-17-2004 11:59am From-HARRISON i JOHNSTON 5406671312 T-602 P.015/016 F-337 - N -- I .1I 53-A-92A 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE_ 621) 145.842 ACRES TOTAL ADJUSTED AREA I. .I LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' r 100, GRAPHIC SCALE: 1"=200'_ . — — 24p34T 53-A-91 - ' 5 2'0� GRE INSTR.E,(l 0030024683 LLC ZONED: RA USE. AGRICULTURAL BOUNDARY LINE AD✓USTMENT SZ WELW TH£ LANDS OF Op+t� WILLOW GROVE L.C. :�' `r TAX MAP 5J-A-92 0 '� AND MILLER AND .'SMITH AT WILLOW RUN, L. L. C. " �j���'Z TAX MAP .5,3-A-92A 0 as SHAWNEE DISTRICT Q. 0011 ? fPCDER1CK COUNTY VIRGINIA DATE. 04127104 SCALE.- 1'-200' SHEET- 6 OF 8 � `,D SORV V,; 'R / Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 DRAWN BY: OJF PHONE (540) 667-0468 ^ FAX (540) 667-0469 - EMAIL olfice0morshondlegge.corn DWG NAME: 5464-8LA.dwg 06-17-2004 11:58ae From-HARRISON I JOHNSTON 5406671312 T-682 P.016/016 F-337 • U ttl VA. SEC ROUTE 621 MERRIMAN'S LANE 30' PRE -SCRIP 77 VE EASEMENT 75G LLC 53-A- 92B OB 918 PG 7741 ZONED: RA USE: RESIDENTIAL / EXISTING WILLOW GROVE LANE 50' R/W 740 LLC 1dI"R:i r; 53-A-90 DB 918 PG 1739 X 1 I ZONED: RA USE: AGRICULTURAL f4 �q� 1_ 1c, \ ' � o 1 LEGEND: CMF-CONCRETE MONUMENT FOUND 1RF-IRON ROD FOUND SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA EXISTING WILLOW 0 GROVE LANE Q 50' RIW �P�v17 ' " J� 0' 200' 400' p7" � P G� ►� • aj0 a Q ) �' GRAPHIC SCALE: 1 "=200' X a' \MATCHLINE: SEE SHE; r 8 OF 8 -T A 50UNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF WILLOW GROVE L. C. TAX MAP 53 A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53 A-924 SHAWNEE DISTRICT DATE.• 04127104 I SCALE.' 7"=200' I SHE -ET- 7 OF 8 ". Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 - EMAIL otNceamorshondlegge.com ei_�LTH OF `f � S . 0. 001 7 QUR�� ti►4woo\ DRAWN BY: OJF OWG NAME: 5464-8LA.Owg 05-17-2004 11:58am From-HARRISON & JOHNSTON 5406671312 T-682 P.017/010 F-337 0 1 O It"t. M cn Ao I N �1 N 1 L, Cn V rn rn � 1 N 1 �1 1 1 1 ` 1 II N 53—A-92A co 1 w �.444 ACRES ORIG. %ADJUt ocDo + 139.901 ACRES (EAST RTE. 41) o + .497 ACRES WESTRTE. 6 1 a 4 .842 ACRES TOTAL AR N I O V ! i i 53-A-91 GREYSTONE PROPERVES, LLC INSTR. i 030024683 ZONED: RA USE: AGRICULTURAL BOUNDARY LINE ADJUSTMENT BETWEEN THE LAWS OF WILLOW GROVE L.C. TAX AMP 53A-9? AND 740 LLC 53-A-90 DB 918 PG 1739 ZONED: RA USE: AGRICULTURAL LEGEND: CMF CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: 1 "--200' MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 59 A-92A SHAWNEE D157RICT FREDERICK COUNTY. �iP, GINL4 DAM-.- 04127104 1 SCALE.• 1 "=200" SHEET., 8 OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LGLIDOUN STREET - WNCHESTER, VIRGINIA 22601 PHONE (54L; 667-0468 - FAX (540) 667-0469 - EMAIL offlce0marshandlegge.com DRAWN BY: OJF DWG NAME: 5464-8L4.dwg 11-14-2006 10)20 7)-/A-94 F(Dm-NICHAEL L BRYAN • 6405464130 T-360 PAU F-bbb • r-Mcr ^it CHASUR k eosrnwsN srRrs WCHF.tiTM VIRGINLA MU I%Nq t6:4301 040017302 a This DEED made and dated this a� ay of _ 2004, by and between MELCO, INC, a Virginia Corporation, hereinafter called the Grantor; and MILLER and SMITH at WILLOW RUN, LLC, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of this sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged. Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY. all that certain land being situate in Frederick County, Virginia, and being more particularly described as follows: See attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above -described propeny. GrantorJereby covenants with Grantee, its successors and assigns, that Grantor is lawfully seised in -fee simple of the above -described premises; that it has a good right to convey; that the premises are free from all encumbrances; that the Grantor will forever warrant and defend all of the above -described property to Grantee, its successors and assigns, against every person lawfully ;claiming the same or any part thereof through the Grantor; that the Grantor will guarantee the quiet enjoyment of the above -described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any part thereof through the Grantor; and that the Grantor will, on demand of Grantee or its successors or assigns , execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required, The following action is by corporate resolution and the undersigned has full authority to act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation. I1-14-2006 10:20 From-MICHAEL L BRYAR 5405454130 T-350 P.003 F-666 U WITNESS the following signatures and seal: O J M E, INC. B HAl.O DEN, Presi nt STATE OF 114 CITY/C-@t -y of � _ to -wit: a Notary Public in and for the State of and jurisdiction aforesaid do hereby certify that MELCO, INC, a Virginia Corporation by CMSTPHER A. MOLDFN, President, whose name is signed the foregoing Deed, bearing date of the JJ_ day of4�1 2004. have personally appeared before me and acknowledged the same. Given under my hand this Q_7_ day ofAa�' 2004. My Commission Expires: � 1 4ot ubic-40 11-14-2006 10:20 .11 e From-MICHAEL L BRYAN 6405464130 T-350 P.004 F-656 C:"j • O'l v EXHIBIT A All that certain tract of land, including the twenty foot easement of ingress and egress, lying and being situate in Back Creek Magisterial District (formerly Shawnee Magisterial District), Frederick County, Virginia. southeast of Merriman Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert. C.L.S., tinted June 12, 1956 attached to that certain Deed of Conveyance by which Boyd J. Hamman acgtred said property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the Office of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 243, at Page 341 to which deed and plat reference is hereto made for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Wini*ed S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285. at Page 326 and I-Jomce C. Brown by Deed dated May 21. 1963 of recorded ir the aforesaid Clerk's Office in Deed Book 288. at Page 515. Less and except 1.40 acres, more or less conveyed out in Deed Book 329. at Page 38, Southeast of Meniman's Lane, including a 20' easement for ingress/egress to be used in common with other and more particularly described in the Metes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565. at Page 783. 11-14-2006 10:20 From-MICHAEL L BRYAN 6406464130 T-350 P.005 F-566 (J METES & BOUNDS DESCRIPTION MDERICK COUNTY TAX PARC3=I.53-A-94 The accompanying plat entitled "Boundary and House Locution Survey of the land of Melco, Inc." dated August 25, 2004 represents a boundary survey of all of the laud conveyed to Melco, Inc. by deed dated September 15, 1980 of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 565 at Page 783. Mic said land fronts the southeastetu t—im,a of a 20' privait right -of -wry now known as Orchard Lane abourt 1400 feet southeast of its intersection with Meuimans Lane (Va. Ro rte 621) in S awnec Magisterial District, Fmlerick County, Virginia and is more particularly bounded as follows: Beginning at a I/," iron rebar & cap set at the sotAheastern terminus of a 20' private righT- of way now known as Orchard Lane (twee Deed Book 243 at Page 344), corner to Willow grove L.C. and in a lint of Miller and Smith at Willow Run, L.L.C.; thence with Niter and Smith at Willow Run, LZ.C. 8 4004 ,27" R - 36507' to a'h" iron robar & cap set, comer to Willow Grovc L.C.; thence with Willow Grovo LC. S 30008'37" W - 681.811 to a V27 iron rebar found, comer to James C. Gordon, Jr., et trx; thence with Gordon N 530431"23" W - 350.75' to a nail set in a corner fence post, in a line of Willow Grove L.C.; thenca wish Willow Grove I.C. N 30-25108" E - 763.49' Ao the beginning. L Contabling......................................................_............. 5.7585 Acres. Surveyed.................................................................. August 25, 2004, VIRGINIA: FREDERICK COUNTY, SCT: This instrument of «iiting was produced to me on and witU cet uii��;c of s o«4ed�cment ihcreto annewd was admiucd w record. T imposed by Sec M.l-802 of s� and 58.1-801 have been paid, if assessable 4.,4 , Qerk 11 TH q,�U PJCWD A. ®ENS No. 002550. $%1°4' j o • N CD 080000635 co THIS DEED OF BOUNDARY LINE ADJUSTMENT AND DEED OF EASEMENTS, made and dated this 11th day of January 2008, by MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company ("Miller & Smith"), and THE COUNTY OF FREDERICK VIRGINIA (the "County"). RECITALS: A. Miller & Smith is vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thercunto belonging, lying and being situate on the east side of Merrimans Lane (Va. Sec. Route 621) in Shawnee Magisterial District, Frederick County, Virginia, containing 145.792 acres, more or less; and being the same lands acquired by Miller & Smith by that certain Special Warranty Deed dated May 12, 2004, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 040008797, and by that certain Deed of Boundary Line Adjustment, Vacation and Special Warranty Conveyance dated May 12, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040008798 (Tax Map No. 53-A-92A) ("Original Miller & Smith Parcel #1") B. Miller & Smith is also vested with fee simple title to that certain tract or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereutito belonging, lying and being situate east of Merrimans Lane (Va. Sec. Route 621) in Shawnee Magisterial District, Frederick County, Virginia, containing 5.756 acres, more or less; and being the same lands acquired by Miller & Smith by that certain Deed dated August 27, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040017302 (Tax Map No. 53-A-94) ("Original Miller & Smith Parcel #2"). C. Miller & Smith desires to adjust the location of the common boundary lines between Original Miller & Smith Parcel #1 and Original Miller & Smith Parcel #2, so as to create Adjusted Miller & Smith Parcel 41, containing 149.252 acres, more or less, and Adjusted Miller & Smith Parcel #2, containing 2.296 acres, more or less, as more particularly Michael L. Bryan set forth on that certain plat titled "Final Plat for Boundary Line Adjustment of the Land of 9 Court Square god Floor Winchester, VA Miller and Smith at Willow Run, L.L.C." dated June 16, 2007, drawn by Jason G. Bly, L.S., a copy of which is attached hereto and made a material part hereof (the "Plat"), as more fully Michael L. Bryan 9 Court Square god Floor Winchester, VA tD N O lD set forth liereinafier. D. Miller & Smith further desires to impress upon a portion of Adjusted Miller & Smith Parcel #1 that certain drainfield easement for purposes of installation, construction, maintenance, repair, reconstruction and removal of a septic system serving Adjusted Miller & Smith Parcel #2 designated as "Drainfield Easement Hereby Created" on the attached Plat, as more fully set forth hereinafter (the "Drainfield Easement"). E. Miller & Smith further desires to impress upon a portion of Adjusted Miller & Smith Parcel #1 that certain ingress/egress easement for the benefit of Adjusted Miller & Smith Parcel #2, 50' in width, designated as "50' Ingress/Egress Easement Hereby Created" on the attached Plat, as more fully set forth hereinafter (the "Ingress/Egress Easement"). NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises conveyed, and other good and valuable considered deemed adequate at law, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows: The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Miller & Smith hereby adjusts and confirms the boundary lines of Adjusted Miller & Smith Parcel 91 so as to create that certain parcel of land containing 149.252 acres, more or less, designated as "Adjusted T.M. 53-A-92A" oil the attached Plat. 3. Miller & Smith hereby adjusts and confirms the boundary lines of Adjusted Miller & Smith Parcel #2 so as to create that certain parcel of land containing 2.296 acres, more or less, designated as "Adjusted T.M. 53-A-94" on the attached Plat. 4. Miller and Smith hereby creates and impresses the Drainfield Easement upon a portion of Adjusted Miller & Smith Parcel 91. The Drainfield Easement shall be appurtenant, perpetual and permanent and shall tun with the title to Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel 2, for purposes of installation, construction, reconstruction, maintenance, repair and removal of sewer lines, septic drainfields and other related equipment and infrastructure to serve Adjusted Miller & Smith Parcel 112. The Drainfield Easement shall include the right to go on, over and upon the Drainfield Easement for purposes of installing, laying, maintaining, repairing and replacing N CO such sewer lines, septic drainfields and other related equipment and infrastructure as needed. The owner of Adjusted Miller & Smith Parcel Ill shall at all times have the right to cross over and upon the Drainfield Easement and to use the surface over the Drainfield Easement in such manner as will neither injure nor interfere with the installation, construction, reconstruction, maintenance, repair and removal of sewer lines, septic drainfields and other related equipment and infrastructure, except that no building or other structure shall be erected over the Drainfield Easement unless by mutual consent of the owners of Adjusted Miller & Smith Parcel #1 and Adjusted Miller & Smith Parcel #2. Whenever the enjoyment of the Drainfield Easement requires the disturbance of the surface of the ground, it shall be the obligation of the owner of Adjusted Miller & Smith Parcel #2 to restore the same to its condition prior to being so disturbed at the sole cost and expense of the owner of Adjusted Miller & Smith Parcel 02. The Drainfield Easement created and impressed hereby upon a portion of Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel 82 shall terminate at such time as the residence located upon Adjusted Miller & Smith Parcel #2 is served by public sanitary sewer. 5. Miller & Smith hereby creates and impresses upon a portion of Adjusted Miller & Smith Parcel #1 the Ingress/Egress Easement, for purposes of access to Adjusted Miller & Smith Parcel #2, which Ingress/Egress Easement shall be appurtenant, perpetual and permanent and shall run with the title to Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel #2. The Ingress/Egress Easement created and impressed hereby upon a portion of the Adjusted Miller & Smith Parcel #1 for the benefit of Adjusted Miller & Smith Parcel 42 shall terminate at such time as access to Adjusted Miller & Smith Parcel #2 is available by way of a publicly maintained street. 6. This adjustment of the common boundary lines of Miller & Smith Parcel #1 and Miller & Smith Parcel #2 so as to create Adjusted Miller & Smith Parcel #1 and Adjusted Miller & Smith Parcel #2 is made subject to all easements, rights of way and Michael L. Bryan restrictions of record affecting the subject properties; provided, however, that the foregoing 9 Court Square 2°" Floor Winchester, VA shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. 0 0 0 N WITNESS the following signature and seal: MILLER AND SMITH AT WILLOW RUN, L.L.C. By: MILLS ID S TH, C., Manager By; ' (SEAL) arles F. tuart J ., Senior Vice President STATE OF VIRGIN[W CITY/COUNTY OF FAAV-ft The foregoing instrument was acknowledged before me on the 0f'day of L vat 2008 by Charles F. Stuart, Jr., Senior Vice President of Miller and Smith, Inc., Manager f Miller and Smith at Willow Run, L.L.C. My Commission expires: W11(70l o #t -7o1l6S L NOTt YY PUBLI THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 9 Court Square, 2"d Floor Winchester, Virginia 22601 540/545-4130 MLa/porn c:\Deeds\1Vil1ow Run Dced of BLA - [asenxnt 1/10108 Michael L. Bryan 9 Court Square 2id Floor Winchester, VA Ah Ab FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. SI•WWWEE WGISMRWL DISTRICT, FREDERICK COUNTY, WRG/N14 JUNE 16, 2007 CI7Y OF W/NCHESTER FREDERICK COUNTY VICINITY MAP CIE v 1 " = 2000' y 'MERRI,t�yyS Z ma 0 Q N x SITE N c)a m ROUTE 37 WINCHESTER a J. KENNETH ROBINSON PARKWAY o WESTERN R.R. OWNER'S CERTIFICATE THE ABM AND FOREGOING BOUNLWi'Y LINE ADIU5TMENT OF THE LAND OF MLLER AND SMITH AT WILLOW RDA; LLC. AS APPEARS ON THIS PLAT, IS W17H THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRES OF THE UNDER9rAE0 OWNERS, PROPRIETORS, MID I ANY MJLLER AND SMITH AT WILLOW RUN, L.L.C. BY. MKLER AND SMITH, INC. AMNAGER BY. CHARLES F. SILNRT, JR., SENIOR V1CF-P tES/DE1JT COWMOYWALTN/STATE OF V IP-6-tw - CITY/COUNTY OF Ile F,+,- THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 201`Y' DAY OF Se�kvrtGXi olio) By ChAvk5 -F. StVav4, 71% SENIOR v10E PRESIDENT OF MILLER AND SM/7N, INC. —� (t -- f nlo ARrr PUBLIC COMMISSION EXPIRES $i 3I zo/o TA & z PARENT TAX PARCEL IDEN77FlC4710N (i) MILLER AND SiM AT WILLOW RUN, L.L.C. T.M. 53-A-92A 145.792 ACRES ZONE. R4 USE: AGRI, (n) MILLER AND SMITH AT WILLOW RUN, LLC. T.M. 53 A-94 5.756 ACRES ZONE: R4 USE. RES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY 7HAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A POR77ON OF THE LAND CONVEYED 70 MILLER AND SMITH AT WILLOW RUN, L.L.C. (i) BY DEEDS DATED AMY 12, 2004 OF RECORD IN THE FRLDERiCK COUNTY CIRCUIT COURT CLERKS OFF7CE IN INSTRUMENT NO. 040008797 AND 040008798 AND (i) BY DEED L14TED AUGUST 27, 2004 OF RECORD IN SAID CLERK'S OFFICE IN INSTRUMENT NO. 04001 302, T�J ON G. BLY, L. . APPROVALS. FREDERICK C01 SUBDMSION ADMINISTRATOR DATE U 1 N G. BLY c. No. 2619 GREENWAY ENGINEERING, 151 Windy HiU Lane Engineers ginrWinchester, Virginia 22602 's URA SurveyorsTelephone: (540) 662-4185 FAX: (540) 722-9528 Founded rn1971 J80OWG SHEET 1 OF 2 BND 07-18 www.gmenwayeng.com EXISTING 20' R/W IRF DB 243 PG 344 G LX/S71NG 10' R/W o'er DB 365 PG 295 0 0 Z� IX DRIVEWAY ADJUSTED TM, 53-A-82A MILLER AND SMITH AT WILLOW RUN, L.L.C. 144.755 ACRES EAST SIDE OF MERRIUW'S LANE 4.497 ACRES WEST SIDE OF MERRIMAN'S LANE ,(50) 149.252 ACRES TOTAL \\� .L INST. 104000879 INST. 1040008798 50' INGRESS/ EGRESS EASEMENT HEREBY CREATED T.M. 53-3—A WILLOW GROVE LC. DO 871 PG 32 INST. 1030004602 1 REPORT FURNISHED, EASEMENTS M4Y EXIST WHICH ARE NOT SHOWN. 2 THE BOUNDARY INFORM47ION SHOWN HEREON IS WED ON A CURRENT FIELD SURVEY BY THIS FIRM, J. ASTERISK (•) DENOTES PROPERTY LINE HEREBY ESTABLISHED. 60.7 , FOUND AWL IN WOOD POST 150 0 75 150 �\ GRAPHIC SCALE (IN FEET) NE --TABLE RN£WAY DRAINRELD eo EASEMENT 0� HEREBY / No CREATED 25 15 g g EXISTING DwELLINc h 1� .fie 55 w 350 75' (m \ T.M. 53-3-95 N/F "ES C. GORDON, JR. & ABBYE D. GORDON DB 365 PG 298 LINE BEARING DISTANCE L 1 N 30'3036' E 250.00' L2 N •86'04 JJ' E 151.21 ' L3 N 56'40'38' E 60.00' L4 S 04'15'18' E 60,00' L5 S 36'07'57' E 49.84' L6 S 15'13'37' E 209.15' L7 S 06'5625' W 152.94' L8 S 29'3829' W 43.97' h .L.ETrEdfQ N/S AWL SET IN WOOD POST IRF 1/2' IRON REBAR FOUND 0 1/2' IRON REBAR •^ SET UNLESS OTHERWISE NOTED T.M. 53-3A 3 WILLOW GROVE L.C. DB 871 PG 32 INST. 1030004602 ADJUSTED - T.M. 53 A-84 MILLER AND SMITH AT WILLOW RUN, L.L.C. 2.296 ACRES (100,017 SQ. FT.) INST. 1040017302 IRF LEGEND IRF — IRON ROW FOUND AREA TABULA77ON ORIGINAL TM 53—A-92A = 145.792 ACRES AREA FROM TM 53—A-94 - +J460 ACRES ADJUSTED TM 53A-92A = 149.252 ACRES ORIGINAL TM 53A-94 = 5.756 ACRES AREA TO TM 53 A-92A = —3.460 ACRES ADJUSTED TM 53—A-94 = 2.296 ACRES CURVE TABLE CURVE RADIUS DELTA ARC I TANGENT BEARING CHORD E C1 j 55.00• 6075556' 58.49' ] 3235' 1 S 63'4720' E 55 77' FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT TH OF THE LAND OF OF' Lr� MILLER AND SMITH AT WILLOW RUN, L.L.C. SHAWNEE ANGIVERIAL DISTRICT, FREDERICK COUNTY, WRG/NW AS N G. BLY a SCALE. 1 ' = 150' 1 a4 TE:• JUNE 16, 2007 No. 2619 GREENWAY ENGINEERING, mc. 151 W'ndy Hill Lane En eers Winchester, Vuginia 22602 SURN�' e1 Telephone: (540) 662-4185 FAX- (540) 722-9528 J800WG SHEET 2 OF 2 Pounded in1971 www.gwenwayeng.coni DAM 77 ,o 0 N w 0 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of waiting was produced to me on i -IS -og al ' ' S km - and %vith certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ , and 58.1-801 have been paid, if assessable, 461-t /I dil-Ij , Clerk 0 fV Tax Map 53-A-92A Assessed Value: $1,573,200.00 This instrument prepared without title search by, and Recording requested by, Philip Tenley Jones, Esq. VA Bar 1137289 Return to: Willow Springs Estate, LLC. P.O. Box 3070 Winchester VA 22604 SPECIAL WARRANTY DEED Return to: B 8ALLMARK TITLE, INC, Oyy10 C01.10�o��,use Road, Sulte 120 Ca:I �V ull A 22182 Box: —0 Cs 0 m THIS DEED is made this 281h day of October, 2019, by and between MILLER AND SMITH AT WILLOW RUN, L.L.C., a Virginia limited liability company, Grantor; and, WILLOW SPRINGS ESTATE, LLC, a Virginia limited liability company with an address of 1520 Commerce Street, Winchester VA 22661, Grantee. WITNESSETH, That in consideration of the sum of ONE'ALLION TWO HUNDRED FIFTY THOUSAND N1I\1ETY-FIVE AND NO1100 DOLLARS ($1 250,095.00), Grantor does grant and convey to the Grantee, its successors and assigns, in fee simple, all that property situate in Frederick County, State of Virginia, described as: That 145.792 acres of property on either side of Merriman's Lane as depicted by a boundary survey made by Marsh & Legge Land Surveyors, PLC, dated March 13, 2007, and certified on June 1, 2007, of Tax Parcels 53-A-92A and 53-A-94, in the name of Miller and Smith at Willow Run, L. L.C., as surveyed, platted and recorded as Instrument Number 070009889 among the land records of Frederick County Virginia and incorporated herein by this reference (the "Property"). 070tyuj kM L) And Being the same land conveyed to Miller and Smith at Willow Run, L.L.C. by deed dated May 12, 2004 from Willow Grove, L.C., which deed is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 040008798 (PIN 53-A-92A), and by deed dated August 27, 2004 from Meleo, Inc., of record in the afoiesaid Clerk's Office as Instrument No. 040017302 (PIN 53-A-94) TOGETHER WITH the building thereupon, and all of the ways, easements, rights, alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the Property. TO HAVE AND TO IIOLD, the Property and appurtenances unto and to the use of Grantee, its successors and assigns in fee simple, forever. AND the Grantor hereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that they will warrant specially the property hereby granted; and that they will execute such further assurances of the same as may be requisite. Page I I CD -j IN WITNESS WHEREOF, Grantor has caused this Deed to be executed, sealed and delivered by its authorized representative as of the date first hereinabove written. MILLER AND SMITH AT WILLOW RU L.L.C. By: ' r an��[Seal] By: Thomas Dale Hall Senior Vice President STATE OIL VIRGINIA CITY/COUNTY OI+ FAIR ! i+X TO WIT: I HEREBY CERTIFY, that on this '-78T?f day of October, 2019, before me, the subscriber, a Notary Public of the State of Virginia in and for Fairfax County personally appeared , and represented himself to be the Senior Vice President of Miller and Smith, Inc., a Virginia corporation, Manager of Miller and Smith at Willow Run, L.L.C., a Virginia limited liability company and that as such officer being authorized to do so, executed the foregoing Deed for the purposes therein contained, by signing the name of said corporation as such officer. IN TESTIMONY WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 1 D 3l Z 3 N& Public 5\5515ry 111Mlf,�h VIRGINIA; FREDERICK COUNTY.SCT. '�J�r Motes y� This instrument of writing was produced to me on ,lC t At1 C0 lo-zg-zoiq at5 and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58,1-802 of pplll g11N11N5` $ II 5`13,50 and 58.1-801 have been paid, if assessable. Clerk Page 12 k � 111ft I Jt� �l a STATE CORPORATION COMMISSION Richmond, September 23, 2019 This is to certify that the certificate of organization of Willow Springs Estate LLC was this day issued and admitted to record in this office and that the said limited liability company is authorized to transact its business subject to all Virginia laws applicable to the company and its business. Effective date: September 23, 2019 %R I�oQQ G I A LU N Z 19o3 CISECOM State Corporation Commission Attest: CCerkof the Commission FND%f 01971 GREEIINWAY ENGINEERING Project Name; File No: Date: To: Attn: Copied 151 Windy I-lill Lane Winchester, VA 22602 TRANSMITTAL Greystone & White Properties Conditional Rezoning Application 380OG RECEIVED Thu, May 6, 2021 FC Planning Candice Perkins Delivery: Fed Ex Other ❑ U.S. Mail FREDERICK COUNTY PLANNING AND DEVELOPMENT From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier Pick Up ❑ Urgent For Your Review As You Requested 0 Please Comment Message Hi Candice, Please find attached the required information for formal filing of the Greystone & White Properties Conditional Rezoning Application. Please review this Information and advise me if you need anything else or if you have any questions. If not, please process the Conditional Rezoning Application for the June 2, 2021 Planning Comi-nisslon public hearing. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: COUNTY oI' FREDI UCK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 30, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION H02-21 FOR GREYSTONE PROPERTIES, LLC & WI-II"fE PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2021, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-21 for Greystone Properties, LLC and White Properties submitted by Greenway Engineering, Inc., to rezone 119.27 acres from R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located at 964 Cedar Greek Grade, 740 Merrimans Lane, 750 Merrimans Lane and 760 Merriman Lane in the Gainesboro Magisterial District and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at (Click on eConunent for the July 14, 2021, meeting). Email to County staff at kvacchio a?Icva.us or ann.phillipsrc fcva.us Mail to Planning Department -July 14, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: ww\\'.lcva.us/BOSlylecliiigs. Sincerely� Candice E. Perkins, AICP, CZA Assistant Director 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 This is tQ certify that the attached correspondence was mailed to the following on U �- / from the Department of Planning and Development, Frederick County, irglnl Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept, STATE OF VIRGINIA COUNTY OF FRE/D�ERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of P1 ning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this \30 day of (O—Q- r-;� () �)-_ ( My commission expires on �- A1z1nk-0-/0\ NOTARVZUIi,T(' _ PAMALA DEETER �I NOTARY PUBLIC 11 REGISTRATION It 364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES x� _ DECEMBER•31, 2021 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 52 -18- - 7- 53 - 3- - A. CODELLA DOMENICO WILLOW GROVE V LC CODELLA MARIELA 1520 COMMERCE ST 143 PARKINS LN WINCHESTER VA 22601.3734 WINCHESTER VA 22602.2361 63 - A- - 2-A 52 -18- - 8- GREYSTONE PROPERTIES LLC ROUSE JASON 13 S LOUDOUN ST TALMAGE DAVINA WINCHESTER VA 22601.4719 118 PARKINS LN 53 - A- - 88- PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 52 - A- - 313- PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 52 -18- - 5- R & T PACKING CORP C10 FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601.6303 52 -18- - 6- SMITH KIM TERRY SMITH MARY E 133 PARKINS LN WINCHESTER VA 22602.2361 STATE OF VIRGINIA COUNTY OF FREDERICK WINCHESTER VA 22602.2361 52 -20. 5. 54- BORLIE DEVELOPMENT LLC 5521 TABLER STATION RD INWOOD WV 25428.4535 52 - A- - 310-J R & T PACKING CORP C10 FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601.6303 63 - A- - 1- JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604.1058 Candice C. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice F. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PU13LIC 63 • A- - 2-D 53G • 1. 1- 6- BRIDGEFORTH RUTH D SWOGGER JAMES F 1064 CEDAR CREEK GRADE SWOGGER JERI L 820 MERRIMANS LN WINCHESTER VA 22602.2334 WINCHESTER VA 22602.2384 63 - A- • 2-K C & W PROPERTIES 53G - 1. 1. 7- PO BOX 221 SALINAS JUAN R 828 MERRIMANS LN MILLWOOD VA 22646.0221 WINCHESTER VA 22602.2384 63 9. 2. 24•A 53G - 1. 1. 8- VILLAGE AT HARVEST RIDGE KUMAR MANOJ HOMEOWNERS ASSOCIATION INC KAUR INDERJIT CIO COVENTRY GROUP COMMUNITY M 100 HOMER DR 22602.2377 PO BOX 2580 WINCHESTER VA WINCHESTER VA 22604.1700 53G • 1- 4- 44- 63 - A• - 2-H PARTLOW TODD MEDEIROS COZETTE PARTLOW KATHRYN AGUIRRE JUAN 101 HOMER DR 949 CEDAR CREEK GR WINCHESTER VA 22601.2705 WINCHESTER VA 22602.2379 53 - A• - 89- 53G - 1- 4- 45- EMMONS ELMER L STANEART BRIAN KENT EMMONS BETTY M STANEART LINDA CHUN 747 MERRIMANS LN 866 MERRIMANS LN WINCHESTER VA 22602.2384 WINCHESTER VA 22601.6211 •- - -- - 53G - 1- 4- 46- 53G - 1. 1- 1-A EDWARDS REBECCA MERRIMANS CHASE HOMEOWNERS ASSOC EDWARDS THOMAS JR INC 872 MERRIMANS LN PO BOX 3274 WINCHESTER VA 22604.2474 WINCHESTER VA 22602.2384 53G - 1. 1- 1- 53G - 1.4• 47- GRABER KELLY ANN WIMSATT WILLIAM LEE 770 MERRIMANS LN BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER VA 22602.2383 WINCHESTER VA 22602.2384 53G - 1. 1• 2- 53G • 1- 4- 48- GOLIGHTLY ROBERT LYNCH MAURADE ANN GOLIGHTLY MARIAN M 886 MERRIMANS LN 100 OKEEFE DR WINCHESTER VA 22602.2384 WINCHESTER VA 22602.2374 53G - 1- 4- 48-A CHASE HOMEOWNERS ASSOC 53G - 1. 1. 3- MERRIMANS HENNEBERRY MICHAEL S INC ZURITA AMALIA R PO BOX 3274 101 OKEEFE DR WINCHESTER VA 22604 2474 WINCHESTER VA 22602.2375 53 - A• • 94- 53G 1 1 4 WILLIAMSON DAVID B MARTINEZ MARIO ARCENIO WILLIAMSON MELINDA K 806 MERRIMANS LN 2979 VALLEY AVE WINCHESTER VA 22601.2631 WINCHESTER VA 22602-2384 53 • A- - 95- 1. 1 5ARI GORDON JAMES C JR SIC IC DOMINIC 324 ORCHARD LN 812 MERRIMANS LN WINCHESTER VA 22602.2321 WINCHESTER VA 2Z602.2384 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: City of Winchester 53 -3- - Al- Attn: Planning Director Tim Youmans GORDON JAMES C JR 15 North Cameron St. 324 ORCHARD LN Winchester, VA 22601 WINCHESTER VA 22602.2321 53 - A- - 90- 740 LLC PO BOX 87 WINCHESTER VA 22604.0087 53 -A- - 91- GREYSTONE PROPERTIES LLC 13 S LOUDOUN ST WINCHESTER VA 22601.4719 53 - A- - 92- WILLOW GROVE V LC 1520 COMMERCE ST WINCHESTER VA 22601.3734 53 - A- - 92-A WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 22601.3734 53 - A- - 92-B 750 LLC 750 MERRIMANS LN WINCHESTER VA 22601.6212 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and Comity aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 19, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S RE: REZONING APPLICATION 1102-21 I'OR GIZEYSTONE PIZOPi7.wrIES, LLC & WHITE PIZOPE- Wl'IES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being lield on Wednesday, June 2, 2021 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-21 for Greystone Properties, LLC and White Properties submitted by Greenway Engineering, Inc., to rezone 119.27 acres from R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located at 964 Cedar Greek Grade, 740 Merrimans Lane, 750 Merrimans Lane and 760 Merriman Lane in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A- 91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County Nvebsite at www.fcva.us/PCMeetinas (Click on eComment for the June 2, 2021, meeting). Email to County staff at kvacchio(c-fcva.us or sconnerRi t'eva.us Mail to Planning Department -June 2, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above items) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: Nvww.rcva.us/pcmeetin�s. Sincerely, an -ice-T. Perkins CP, A Assistant Director 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 from the Department of Planning and Development, Frederick County, irgini� 53 - A- - 90- 740 LLC PO BOX 87 WINCHESTER VA 22604.0087 53 -A- - 91- GREYSTONE PROPERTIES LLC 13 S LOUDOUN ST WINCHESTER VA 22601.4719 53 - A- - 92- WILLOW GROVE V LC 1520 COMMERCE ST WINCHESTER VA 22601.3734 53 - A- - 92-A WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 22601.3734 53 - A- - 92-B 750 LLC 750 MERRIMANS LN WINCHESTER VA 53 - 3- - A - WILLOW GROVE V LC 1520 COMMERCE ST WINCHESTER VA STATE OF VIRGINIA 22601.6212 COUNTY OF FREDERICK 63 - A- - 2-A GREYSTONE PROPERTIES LLC 13 S LOUDOUN ST WINCHESTER VA 22601.4719 53 - A- - 88- PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 52 - A- - 313- PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 52 -18- - 5- R & T PACKING CORP CIO FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601.6303 52 -18- - 6- SMITH KIM TERRY SMITH MARY E 133 PARKINS LN WINCHESTER VA 22602.2361 22601.3734 �y Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do hereby certify that Candice C. Perkins, Assistant Director for the Department of Plannuig and Development, whose name is signed to the foregoing, dated Z I , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given Under my hand this q day of 0 My commission cx )ires oi� C `� 1 � l AM I EPU13LIC i REGISTRATION 11364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES / DECEM©I:R•31, 2021 �' V 53G - 1- 4- 47- WIMSATT WILLIAM LEE BRYAN HEATHER ANN 870 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4- 48- LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4- 48-A MERRIMANS CHASE HOMEOWNERS ASSOC INC PO BOX 3274 WINCHESTER VA 22604.2474 53 - A- - 94- WILLIAMSON DAVID B WILLIAMSON MELINDA K 2979 VALLEY AVE WINCHESTER VA 22601.2631 53 - A- - 95- GORDON JAMES C JR 324 ORCHARD LN WINCHESTER VA 22602.2321 53 - 3- - Al- GORDON JAMES C JR 324 ORCHARD LN WINCHESTER VA 22602.2321 City of Winchester Attn: Planning Director Tim Youmans 15 North Cameron St. Winchester, VA 22601 53G • 1. 1• 1• 52 •18- - 7- GRABER KELLY ANN CODELLA DOMENICO I 770 MERRIMANS LN CODELLA MARIELA 143 PARKINS LN WINCHESTER VA 22602.2383 WINCHESTER VA 22602.2361 53G • 1. 1- 2- 52 -18- - 8• GOLIGHTLY ROBERT ROUSE JASON GOLIGHTLY MARIAN M TALMAGE DAVINA 100 OKEEFE OR 118 PARKINS LN 22602.2361 WINCHESTER VA 22602.2374 WINCHESTER VA 53G • 1. 1- 3- 52 •20.5• 54• HENNEBERRY MICHAEL S BORLIE DEVELOPMENT LLC ZURITA AMALIA R 5521 TABLER STATION RD 101 OKEEFE DR INWOOD WV 25428.4535 WINCHESTER VA 22602.2375 53G • 1. 1• 4- 52 -A- - 310•J MARTINEZ MARIO ARCENIO R & T PACKING CORP 806 MERRIMANS LN CIO FIRST BANK TRUST DIVISION 1835 VALLEY AVE 226016303 WINCHESTER VA 22602.2384 WINCHESTER VA 53G 1. 1- 5• 63 • A• • 1• SICARI DOMINIC JOVA PROPERTIES LLC 812 MERRIMANS LN PO BOX 2658 WINCHESTER VA 22604.1858 WINCHESTER VA 22602.2384 63 - A• • 2•D 53G - 1. 1• 6- BRIDGEFORTH RUTH D SWOGGER JAMES F 1064 CEDAR CREEK GRADE SWOGGER JERI L 820 MERRIMANS LN WINCHESTER VA 22602.2334 WINUFSTER VA 22602.2384 63 - A- - 2-K 53G • 1. 1• 7- C & W PROPERTIES SALINAS JUAN R PO BOX 221 828 MERRIMANS LN WINCHESTER VA 22602.2384 MILLWOOD VA 22646.0221 63 - 9. 2. 24•A 53G • 1. 1- 8• VILLAGE AT HARVEST RIDGE KUMAR MANOJ HOMEOWNERS ASSOCIATION INC KAUR INDERJIT CIO COVENTRY GROUP COMMUNITY M 100 HOMER DR PO BOX 2580 WINCHESTER VA 22602.2377 IAIINrHFSTFR VA 22604.1780 53G - 1. 4• 44- 63 • A• - 2•H PARTLOW TODD MEDEIROS COZETTE PARTLOW KATHRYN AGUIRRE JUAN 101 HOMER DR 949 CEDAR CREEK GR WINCHESTER VA 22601.2705 WINCHESTER VA 22602.2379 53 A- - 89- 53G • 1.4- 45- EMMONS ELMER L STANEART BRIAN KENT EMMONS BETTY M STANEART LINDA CHUN 747 MERRIMANS LN 866 MERRIMANS LN WINCHESTER VA 22602.2384 WINCHESTER VA 22601.6211 53G • 1.4• 46- 53G - 1. 1- 1-A EDWARDS REBECCA MERRIMANS CHASE HOMEOWNERS ASSOC EDWARDS THOMAS JR INC 872 MERRIMANS LN PO BOX 3274 WINCHESTER VA 22604.2474 %AIINrHFSTFR VA 22602.2384 This is to certify that the attached correspondence was mailed to the following on County, Virginia: from the Department of Planning and Development, Frederick Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before ine and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC COUNTY of.' F RI_ I F1,RICK Department of Planning and I-)C,clopnlclnt 540/ 665-5651 Fax: 540/ 665-6 395 NOTIFICATION OF PUBLIC HEARINIG June 30, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1102-21 FOR GREYSTONE PROPERTIES, LLC & WHITE PROPERTIES On behalf' of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 14, 2021, at 7:00 pan. in tine Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 402-21 for Greystone Properties, LLC and White Properties submitted by Greenway Engineering, Inc., to rezone 119.27 acres from R4 (Residential Planned Community) District to the RP (Residential Performance) District with proffers, and 238.37 acres from the R4 (Residential Planned Community) District to the RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located at 964 Cedar Greek Grade, 740 Merrimans Lane, 750 Merrimans Lane and 760 Merriman Lane in the Gainesboro Magisterial District and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-9213, 53-3-A and 63-A-2A. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the' meeting; Comments on the above may be submitted to the commission via: Electronic commenting on the County website at ����w.Icya.us/1.30S\lectins (Click on eConnnent for the July 14, 2021, meeting). Email _to Gou ty, taff at k. aGch10 a_1'CWa.IIS 01- a1111. )III III )S([I fMla,LIS Mail to Planning Department -July 14, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. lnclgdq yAtlr, amet . gdress and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester. VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or• of any other item(s) to be adopted are available of the Office ' ' of Planning and Development or at: www.lcva.IIS/13OS1vlcetin ,s. Sincerer Candice E. Perkins, AICP, CZ� A " Assistant Director .107,,North.Kent S!-qqt, Suit.Q 202 <> Winchester; Virginia 2260�15000. V i-j, Z- Z- COUNTY of FREDERICK - 3 L 2 G 2' 4 L DcparLMet of Planning &, Developmentelopment 107 North Kent Street. Suite 202 Winchester. Virginia 22601 1 �LL A MENico ---t CTDELLA MARIELA 143 PARKIMS LN WINCHESTER VA 22602-2361 7: 0 COUNTY of I~REDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 19, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-21 FOR GREYSTONE PROPERTIES, LLC & WHITE PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 2, 2021 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Win6hester, Virginia to consider the following application: Rezoning #02-21 for G ston Properties, LLC and White Properties, mitted by Green Engineering, Inc., to rez ne 119.27 acres from R4 (Residential Planned Co munity) District to RP (Residential Performanc) District with proffers, and 238.37 acres from R4 (Residential Planned Community) District to RA (Rural Areas) District with proffers, totaling 357.64 acres. The properties are located,gyC 964 Cedar Greek Grade, 740 Merrimans Lane, 750 Merrimans Lane and 760 Merriman Lane in the G mesboro Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A- �1, 53-A-92, 53-A-92A, 53-A-92B, 53-3-A and 63-A-2A. J� Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at %k%k\k.frraA1N l'C'N1Wini. (Click on eComment for the June 2, 2021, meeting). Email to County staff at k\ accluo a I_*c%a.u. or_,comner y fc\a.us Mail to Planning Department -June 2, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: Sincerely, Candice E. Perkins, AICP, CZA Assistant Director if (x.fiL� % l 101� rth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 b FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 05/10/21 REQUESTED COMPLETION DATE: 05/24/21 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 53-A 9). 91. 92. 92A, 92B. 533A 63-A-2A DESCRIPTION OF REQUEST: Rez.#02-21 Greystone Properties, LLC., and White Properties Thank You! Submit .' e Z' - 0-� I WILLOW RUN REZONING G- Qy s+u,-L�- ?n,jQgr f; �� LLC f J� s 5 ► ,A -� c) II ID Tax Map Number Owner 1 53 A 88 PERRY STUART M INC 2 52 A 313 PERRY STUART M INC 3 52 18 5 R & T PACKING CORP, C/O FIRST BANK TRUST DIVISION 4 52 18 6 SMITH KIM TERRY, SMITH MARY E 5 52 18 7 CODELLA DOMENICO, CODELLA MARIELA 6 52 18 8 ROUSE JASON, TALMAGE DAVINA 7 52 205 54 BORLIE DEVELOPMENT LLC 8 52 A 310J R & T PACKING CORP C/O FIRST BANK TRUST DIVISION 9 63 A 1 JOVA PROPERTIES LLC 10 63 A 2D BRIDGEFORTH RUTH D 11 63 A 2K C & W PROPERTIES -12 63 92 24A VILLAGE AT HARVEST RIDGE, HOMEOWNERS ASSOCIATION INC 13 63 A 2H MEDEIROS COZETTE AGUIRRE JUAN 14 269-05-A- 1- KOK NURMAN, KOK SERPIL 15 249-01- - 2- LONG TERM CARE PROPERTIES LLC 16 249-01- - 3- SUMMERFIELD LLC 17 249-01- - 4- BARTON BONNIE G 18 249-03- - 46A- BYRD SHARON M GLASS 19 249-03- - 4613- SPANGLER JOHN B 20 249-03- - 47A- DE MEDICI PROPERTIES LLC 21 249-03- - 4713- CRANSTON ANN CASEY 22 249-03- - 48A- CROSON PATRICK 23 249-03- - 486- DOLL JEFFERY L TRUSTEE, DOLL NANCY E TRUSTEE 24 249-03- - 49A- SHARPLES THOMAS 25 249-03- - 49B- DE MEDICI PROPERTIES LLC 26 249-07- - 189- BROOKS RHONDA 27 249-07- - 190- HINKLE SUZANNE M 28 249-07- - 191- RYALL JONATHAN DAVID, RYALL STEPHANIE 29 249-07- - 192- BASNILLO MARCO A V 30 249-07- - 193- HALL CHRISTOPHER E, HALL KAREN E 31 249-07- - 194- HALL RONALD, HALL RENEE 32 249-07- - 195- SUMNER KRIS 33 249-07- - 196- BAKER KIMBERLY, BAJER LARRY JR 34 249-07- - 197- TATRO RAY DEAN 35 249-07- - 198- GERDAU BRYAN, GERDAU JENNIFER 36 249-07- - 199- JAI LAXMI MAA LLC 37 249-07- - 200- WILSON MARGARET BRIDGET 38 249-07- - 201- JOUKAR JAFAR, JOUKAR NASRIN 39 249-07- - 202- CARDERO OLIVIA, MORRISON LEON 40 229-03- - 203- SMITH STEPHANIE 41 229-03- - 204- MARIN VIOLETA PECHE 42 229-03- - 205- PRUSCH ELIZABETH S 43 229-03- - 206- CAW PROPERTIES LLC 44 229-03- - 207- MITCHELL RALPH C, MITCHELL SHIRLEY A 45 229-03- - 208- FREEDMAN GARY S 46 229-03-7- 224- CARTER WILLIAM 0 JR, CARTER VICKI R �� Source: Frederick County, VA and City of Winchester GIS, 2021 Data WILLOW RUN REZONING PAF 47 229-03-7- 225- WATKINS EARL H, WATKINS LOIS S 48 229-03-7- 227- ADAMS NANCY C TRUSTEE 49 229-01-A- 21- BONNER LAURA TRUSTEE 50 229-01-A- 20- KLUGE THOMAS, KLUGE SHARON 51 229-01-A- 19- FASANO JEROME FASANO CHRISTINE, FASANO HEATHER 52 229-01-A- 18- BARNES REX, BARNES CONNIE 53 229-01-A- 17- HAINES ANDREW, HAINES KATHLEEN 54 229-01-A- 16- MILLER STEPHEN, MILLER SARAH 55 229-01-A- 15- MARTIN DANIEL G, MARTIN LISA M 56 229-01-A- 14- BOSTICK DANIEL, BOSTICK DANIELLE 57 229-01-A- 13- SHAFRAN STEVEN P, SHAFRAN CAROL A 58 229-01-A- 12- JUSTICE KAREN E, JUSTICE JOSHUA PAUL 59 229-01-A- 11- PATEL DIXABEN, PATEL RAHUL 60 229-01-A- 10- DINAPOLI CHRISTOPHER R, DINAPOLI IZABELA 61 229-01-A- 9- HAECKER PAUL B, HAECKER ANGELA R 62 230-06-A- 8- HAECKER PAUL B, HAECKER ANGELA R 63 230-06-A- 8- A CITY OF WINCHESTER 64 209-01- - 1- CITY OF WINCHESTER 65 188-06- - 61- CITY OF WINCHESTER 66 188-04- - 1- SFEIR RAMSEY 67 188-04- - 2- 750 LLC 8 53 A 89 EMMONS ELMER L, EMMONS BETTY M 69 53G 1 1 lA MERRIMANS CHASE HOMEOWNERS ASSOC, INC 70 53G 1 1 1 GRABER KELLY ANN 71 53G 1 1 2 GOLIGHTLY ROBERT, GOLIGHTLY MARIAN M 72 53G 1 1 3 HENNEBERRY MICHAEL S, ZURITA AMALIA R 73 53G 1 1 4 MARTINEZ MARIO ARCENIO 74 53G 1 1 5 SICARI DOMINIC 75 53G 1 1 6 SWOGGER JAMES F, SWOGGER JERI L 76 53G 1 1 7 SAL►NAS JUAN R 77 53G 1 1 8 KUMAR MANOJ, KUMAR AARTI 78 53G 14 44 PARTLOW TODD, PARTLOW KATHRYN 79 53G 14 45 STANEART BRIAN KENT, STANEART LINDA CHUN ; 80 53G 14 46 EDWARDS REBECCA, EDWARDS THOMAS 1R ; 81 53G 14 47 WIMSATT WILLIAM LEE, BRYAN HEATHER ANN ; 82 53G 14 48 LYNCH MAURADE ANN f 83 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC, INC I 84 53 A 94 WILLIAMSON DAVID B 85 53 A 95 IGORDON JAMES C JR 86 53 3 Al IGORDON JAMES C JR I Source: Frederick County, VA and City of Winchester GIS, 2021 Data 151 Windy I-lill Lane xrrDir��� Winchester, VA 22602 GREENWAY TRANSMITTAL ENGINEERING Project Name: Greystone & White Properties Conditional Rezoning Application File No: 380OG Date: Thu, May 6, 2021 To: FC Planning Attn: Candice Perkins Copied Delivery: ❑ Fed Ex ❑ Other Urgent M For Your Review M As You Requested ® Please Comment From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Hi Candice, ❑ U.S. Mail Message ❑� Courier ❑ Pick Up Please find attached the required information for formal filing of the Greystone & White Properties Conditional Rezoning Application. Please review this information and advise me if you need anything else or if you have any questions. If not, please process the Conditional Rezoning Application for the June 2, 2021 Planning Commission public hearing. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: 0 0 AEGEIV D MAY - 7 2021 Document Approval Fol'm FREDERICK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT A1EET YOUR APPROVAL PLEASE PRO FIDE COMMENTS AS TO T T'HA T YO U WOULD LIKE TO HA TIE COMPLE, TED. Initials Candice (�1 Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): Date & Time